On Administrative Infractions

The Code of the Republic of Kazakhstan dated 5 July 2014 № 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 № 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 № 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 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 05.11.2022 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28. 12. 2017 № 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 № 248-V (shall be enforced from 01.01.2015); dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); dated 11.18.2015 № 411-V (shall be enforced from 01.01.2016); dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26. 12. 2017 № 124-VI (shall be enforced from 01.01.2018); dated 28. 12. 2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.01.2021 № 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 № 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 № 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;

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 № 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 № 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 № 271-V (shall be enforced from 01.01.2015); dated 16.11.2015 № 406-V (shall be enforced from 01.07.2017); dated 28.12.2016 № 34-VI (shall be enforced from 01.01.2017); dated 11.07.2017 № 90-VI (for the procedure of enforcement see subparagraph1) of paragraph 1 of Article 2); dated 28.12. 2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.01.2021 № 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 № 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 № 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 № 479-V (shall be enforced upon expiry of twenty-one calendar days after its first official publication); dated 06.05.2017 № 63-VI (shall be enforced upon expiry of twenty-one calendar days after its first official publication); dated 28. 12. 2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2019 № 262-VІ (shall be enforced from 01.01.2020); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 03.07.2020 № 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 № 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 № 272-V (shall be enforced from 01.01.2015); dated 28. 12. 2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.07.2022 № 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 № 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 № 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 № 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 № 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 № 237-VI dated 18.03.2019 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.07.2022 № 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 in Articles 73, 127, 128, 131, 434 , 435, 440 (part three), 442 (part three), 448, 461, 482, 485 (part two) of this Code for a period from three months to one year, providing for a full or separate ban on:

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. When establishing special requirements for the behavior of a person who has committed an administrative offense in the field of family and domestic relations, for the defense and protection of the victim and members of his family, the court in exceptional cases has the right to apply for a period of up to thirty days a measure of administrative legal influence in the form of a ban on the person who committed domestic violence, to live in the same home with the victim.

2-1. When establishing special requirements for the behavior of a person who has committed an administrative offense in the field of family and domestic relations, the court has the right to establish measures to provide psychological assistance.

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 № 378-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 09.04.2016 № 501-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.12.2019 № 292-VІ (order of enforcement see Article 2); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 15.04.2024 № 73-VIII (shall be enforced upon expiration of sixty calendar days after the day 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 № 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 50 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 № 272-V (shall be enforced from 01.01.2015); dated 28. 12. 2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.12.2019 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.01.2021 № 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 is not subject to administrative liability for committing an administrative corruption offense, illegal interference of officials in business activities, as well as for offenses in the field of inspections of private business entities and other forms of control and supervision with visits to private business entities, taxation, environmental protection, competition protection, customs, in the field of pension provision, compulsory social insurance, legislation of the Republic of Kazakhstan on energy saving and energy efficiency improvement, 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) is not subject to administrative liability for committing an administrative corruption offense, offenses in the field of legislation of the Republic of Kazakhstan on energy conservation and energy efficiency improvement, on environmental protection, as well as on subsoil and subsoil use, on the procedure for organizing and conducting peaceful assemblies, for violation of conformity assessment procedures of technical regulation objects – after three years from the date of its commission, for offenses in the field of taxation, protection of competition, customs, pension provision, compulsory social insurance, legislation of the Republic of Kazakhstan on natural monopolies – after 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 term for imposing an administrative penalty for an administrative offense is suspended from the moment of appointment of an expert examination, for the period of consideration of acts of prosecutorial supervision and response, the issuance of a ruling on the attachment of the person against whom the proceedings are being conducted, as well as the submission of the case to the court or to an official of a state body authorized to consider cases of administrative offenses.

The calculation of these terms is resumed from the moment of receipt of the results of the examination, from the date of the decision on the act of prosecutorial supervision and response, as well as the actual delivery of the person brought to administrative responsibility to the body (to the official) executing the ruling on attachment.

The total attachment term may not 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 № 376-V (shall be enforced from 01.01.2016); dated 03.12.2015 № 432-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2016 № 34-VI (shall be enforced from 01.01.2017); № 126-VI dated 27.12.2017 (shall be enforced upon expiry of six months after its first official publication); dated 28. 12. 2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 25.05.2020 № 334-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 02.01.2021 № 403-VI (shall be enforced from 01.07.2021); dated 20.03.2021 № 21-VII (shall be enforced from 01.07.2021); dated 02.07.2021 № 63-VII (shall be enforced upon expiry of sixty calendar days after the day of its first official publication); dated 01.07.2022 № 132-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 30.12.2022 № 180-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 06.02.2023 № 195-VII (shall be enforced from 01.04.2023); dated 20.04.2023 № 227-VII (shall be enforced from 01.07.2023).

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 offenses provided for in Articles 73-3, 79 (part one), 127-2,146, 185, 186, 190 (parts five and six), 220, 229 (part two) of this Code are initiated only by application of the victim and are subject to termination upon reconciliation with the person who committed the administrative offense.

1-1. Persons who have committed administrative offenses for the first time under Articles 73 and 73-3 of this Code may be released by the court from administrative liability if they have reconciled with victims and applicants, including through mediation, and have made amends for the harm caused.

The provisions of this part do not apply to persons released from administrative liability during the year in connection with the reconciliation of the parties under Article 73 of this Code.

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 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.12.2019 № 292-VІ (order of enforcement see Article 2); dated 25.06.2020 № 346-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 26.06.2020 № 349-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 20.04.2023 № 227-VII (shall be enforced from 01.07.2023); dated 15.04.2024 № 73-VIII (shall be enforced upon expiration of sixty calendar days after the day 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 № 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 № 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 № 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 № 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 № 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. Obscene language, offensive harassment, humiliation, damage to household items and other actions expressing disrespect for persons in family and household relationships with the offender, disturbing their peace, committed in the home, if these actions do not contain signs of a criminal offense, –

entail a warning or administrative arrest for 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 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 № 292-VІ (order of enforcement see Article 2); dated 20.04.2023 № 227-VII (shall be enforced from 01.07.2023); dated 15.04.2024 № 73-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

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

Footnote. Article 73-1 is excluded by the Law of the Republic of Kazakhstan dated 15.04.2024 № 73-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

Article 73-2. Drubbing

Footnote. Article 73-2 is excluded by the Law of the Republic of Kazakhstan dated 15.04.2024 № 73-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

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 telecommunication networks, -

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 № 349-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 19.06.2024 №95-VIII (effective sixty 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 № 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 № 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 № 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 № 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 № 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 № 404-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 № 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 № 419-V (shall be enforced from 01.01.2016); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.06.2020 № 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 № 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 № 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 № 127-VI dated 28.12.2017 (shall be enforced upon expiry of ten calendar days after its first official publication); № 208-VI dated 28.12.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.07.2020 № 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. Showing disrespect for medical and (or) pharmaceutical workers in the performance of their official duties, consisting in obscene language, demonstration of indecent gestures (signs) and objects, including with the use of media or telecommunications networks, obscene behavior, offensive harassment , –

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 № 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 19.06.2024 № 95-VIII (effective sixty 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 208-VI dated 28.12.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.07.2020 № 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 № 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 № 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 № 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 № 137-VII (shall be enforced upon expiration of sixty calendar days after the date of its first official publication).

Article 84. Violation of the legislation of the Republic of Kazakhstan in the field of special social services

Footnote. Title of Article 84 as amended by the Law of the Republic of Kazakhstan dated 20.04.2023 № 227-VII (effective from 01.07.2023).

1. Violation of the legislation of the Republic of Kazakhstan in the field of 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.

Footnote. Article 84 as amended by the Law of the Republic of Kazakhstan dated 20.04.2023 № 227-VII (shall be enforced from 01.07.2023).

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 № 415-V (shall be enforced from 01.01.2016); 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 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 № 415-V (shall be enforced from 01.01.2016); as amended by the Law of the Republic of Kazakhstan dated 28. 12. 2017 № 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 № 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 № 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 № 147-VІ dated 16.04.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.05.2020 № 321-VІ (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 02.07.2021 № 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 in the field of pension provision, as well as non-fulfillment of 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 № 127-VI (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 20.04.2023 № 227-VII (shall be enforced from 01.07.2023).

1. Violation by the unified accumulative pension fund (voluntary accumulative pension fund) of the terms and (or) the procedure and (or) the conditions for pension payments, transfers, as well as the procedure for concluding contracts in the field of pension provision at the expense of voluntary pension contributions established by the legislation of the Republic of Kazakhstan in the field of pension provision –

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

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. Implementation by the unified accumulative pension fund or voluntary accumulative pension fund of transactions and operations in violation of the legislation of the Republic of Kazakhstan in the field of pension provision –

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

6. Non-fulfillment or improper fulfillment by an individual, an individual entrepreneur, a private notary, a private bailiff, a lawyer, a legal entity of the obligations provided for by the legislation of the Republic of Kazakhstan in the field of pension provision, committed in the form of:

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;

2) failure to submit to the state revenue bodies calculations on the calculated, withheld (accrued) and transferred amounts of mandatory pension contributions, mandatory occupational pension contributions within the time limits established by the legislation of the Republic of Kazakhstan in the field of pension provision;

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;

4) failure to provide depositors with information on calculated, withheld (accrued) and listed mandatory pension contributions, mandatory occupational pension contributions within the time limits established by the legislation of the Republic of Kazakhstan in the field of pension provision;

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 expenditure operations on the cash register by order of state revenue bodies in cases provided for by the legislation of the Republic of Kazakhstan in the field of pension provision –

entails a warning.

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

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 by banks and organizations engaged in certain types of banking operations of obligations established by the legislation of the Republic of Kazakhstan in the field of pension provision, committed in the form of:

1) non-suspension of expenditure transactions on bank accounts of agents - legal entities or individual entrepreneurs, private notaries, private bailiffs and lawyers by order of state revenue bodies in cases and in the manner provided for by the legislation of the Republic of Kazakhstan in the field of pension provision;

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;

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 -

entails a fine in the amount of five percent of the amount of expenditure transactions performed on agents' bank accounts for the period of non-fulfillment of obligations established by the legislation of the Republic of Kazakhstan in the field of pension provision.

9. Announcement or publication by a unified accumulative pension fund or a voluntary accumulative pension fund in the media of advertisemnt that is not true to fact as of the publication day, –

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

10. Non–compliance of the investment declaration of the voluntary accumulative pension fund with the requirements provided for by the legislation of the Republic of Kazakhstan in the field of pension provision to its content -

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.

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 № 408-V (shall be enforced from 01.03.2016); dated 28.12. 2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 20.04.2023 № 227-VII (shall be enforced from 01.07.2023); dated 19.06.2024 №95-VIII (effective sixty calendar days after the date of its first official publication).

Article 92. Violation of the legislation of the Republic of Kazakhstan in the field of compulsory social insurance

Footnote. Title of Article 92 as amended by the Law of the Republic of Kazakhstan dated 20.04.2023 № 227-VII (effective from 01.07.2023).

1. Non-fulfillment or improper fulfillment by officials of the requirements established by the legislation of the Republic of Kazakhstan in the field of compulsory social insurance, 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 by the payer of social contributions of the obligations provided for by the legislation of the Republic of Kazakhstan in the field of compulsory social insurance, 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) non–termination of all expenditure operations on the cash register by order of state revenue bodies in cases provided for by the legislation of the Republic of Kazakhstan in the field of compulsory social insurance -

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 by banks and organizations engaged in certain types of banking operations of obligations established by the legislation of the Republic of Kazakhstan in the field of compulsory social insurance, committed in the form of:

1) non-termination of all expenditure transactions on the bank accounts of the payer of social contributions by order of the state revenue bodies in cases provided for by the legislation of the Republic of Kazakhstan in the field of 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 -

entails a fine in the amount of five percent of the amount of expenditure transactions performed on payers' bank accounts 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 № 408-V (shall be enforced from 01.03.2016); dated 28.12. 2017 № 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); dated 20.04.2023 № 227-VII (shall be enforced from 01.07.2023).

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 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.05.2020 № 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 № 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 № 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 № 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 № 415-V (shall be enforced from 01.01.2016); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.12.2019 № 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 № 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 № 415-V (shall be enforced from 01.01.2016); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.12.2019 № 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 № 415-V (shall be enforced from 01.01.2016).

Article 98. Violation of the legislation of the Republic of Kazakhstan in the field of employment of population

Footnote. Title of Article 98 as amended by the Law of the Republic of Kazakhstan dated 20.04.2023 № 227-VII (effective from 01.07.2023).

1. Violation by the employer of the legislation of the Republic of Kazakhstan in the field of employment of the population, 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 № 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. Excluded by the Law of the Republic of Kazakhstan dated 06.04.2024 № 71-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).
6. Excluded by the Law of the Republic of Kazakhstan dated 06.04.2024 № 71-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).
Footnote. Article 98 as amended by the laws of the Republic of Kazakhstan dated 06.04.2016 № 483-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 147-VІ dated 16.04.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.05.2020 № 327-VІ (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 20.04.2023 № 227-VII (shall be enforced from 01.07.2023); dated 06.04.2024 № 71-VIII (shall be enforced upon expiration of sixty calendar days after the day 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 № 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 № 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 № 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 № 163-VI dated 29.06.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.11.2022 № 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 № 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 № 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 № 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 № 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 № 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 obligations for upbringing and (or) education, protection of rights and (or) interests, measures to ensure the safety of a minor

Footnote. The title of Article 127 as amended by the Law of the Republic of Kazakhstan dated 15.04.2024 № 73-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

1. Failure of parents or other legal representatives to fulfill obligations for upbringing and (or) education, protection of rights and (or) interests, measures to ensure the safety of minor children, 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 № 294-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 15.04.2024 № 73-VIII (shall be enforced upon expiration of sixty 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 № 240-VI dated 01.04.2019 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 127-2. Bullying (bullying, cyberbullying) of a minor

1. Bullying (bullying, cyberbullying) of a minor –

entails a warning or a fine in the amount of ten 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 in the amount of thirty monthly calculation indices.

3. An action provided for in parts one or two of this article, committed by a minor aged twelve to sixteen years, –

entails a warning or a fine on parents or persons replacing them in the amount of ten monthly calculation indices.

Footnote. The Code is supplemented by Article 127-2 in accordance with the Law of the Republic of Kazakhstan dated 15.04.2024 № 73-VIII (shall be enforced upon expiration of sixty calendar days after the day of 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 № 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 № 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 № 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, systems for heating tobacco, by persons under eighteen years of age.

1. Sale of tobacco and tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, systems for heating tobacco, by persons under eighteen years of age, –

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 № 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 19.04.2024 № 74-VIII (effective sixty 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 № 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 № 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 № 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 plots or the right to lease land plots that are in state ownership and not provided for land use without bidding (auctions) and tenders, except in cases when the auction and competitive methods of granting land plots do not apply to the land plot or the right to lease the land plot;

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) making a decision by the local executive body on granting the right of private ownership or land use rights to agricultural land to foreigners, stateless persons, foreign legal entities, legal entities of the Republic of Kazakhstan with foreign participation, international organizations, scientific centers with international participation, candas, as well as citizens of the Republic of Kazakhstan who are married with foreigners or stateless persons;

10-1) making a decision by the local executive body, akim of a town of district significance, settlement, village, rural district on granting the right of private ownership or land use rights to pastures specified in the pasture management plan and their use, necessary to meet the needs of the population for grazing farm animals of a personal farmstead;

10-2) making a decision by the local executive body, akim of a town of district significance, settlement, village, rural district on granting separate ownership and land use to citizens and non-state legal entities of land plots occupied by hayfields used and intended for the needs of the population, including those located within the boundaries of towns of regional and district significance, rural settlements;

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) Excluded by the Law of the Republic of Kazakhstan dated 15.03.2023 № 208-VII (shall be enforced ten calendar days after the date of its first official publication).

14) violations of the terms of approval of the land management project;

15) violations of the terms of conclusion of purchase and sale agreements, land lease agreements and temporary gratuitous land use;

16) failure or untimely holding of tenders for granting the right of temporary paid land use (lease) for farming, agricultural production and bidding (auctions) for the provision of land plots or the right to lease land plots after refusal to grant due to the need for such provision at bidding (auctions);

17) violations by the authorized body for land relations of the terms of renewal of the contract of temporary paid land use (lease) of agricultural land plots when alienating the right of land use;

18) violations of the deadlines for posting and updating information on vacant land plots and planned bidding (auctions) on the web portal of the register of state property, Internet resources of local executive bodies and special information stands in places accessible to the public, –

entail a fine on officials in the 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.

Footnote. Article 137 as amended by the Law of the Republic of Kazakhstan dated 15.03.2023 № 208-VII (for the procedure for entry into force, see Article 2).

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 observation and regime wells for groundwater, observation regime gates on water bodies, water protection or water management signs, forest management or forestry signs in the forest fund, surveying, geodetic points and signs –

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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.03.2023 № 208-VII (shall be enforced ten calendar days after the date of its first official publications).

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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 28-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.05.2020 № 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, –

shall entail a fine for individuals in the amount of one hundred and fifty monthly calculation indices, for officials - in the amount of one hundred and seventy, 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 businesses - in the amount of six hundred monthly calculation indices, with suspension of mass media production (broadcasting) for up to three months.

Footnote. Article 150 as amended by the Law of the Republic of Kazakhstan dated 12.07.2022 № 140-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 19.06.2024 №95-VIII (effective 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 № 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 № 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 № 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 № 60-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 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 № 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 № 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 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 161-VI dated 20.06.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); № 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 № 312-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 29.10.2015 № 376-V (shall be enforced from 01.01.2016); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 376-V (shall be enforced from 01.01.2016); dated 28.12.2016 № 34-VI (shall be enforced from 01.01.2017); № 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. Sale (sale) by an energy-producing organization of electric energy exceeding the selling price of electric energy, with the exception of cases of sale (sale) at spot auctions (no more than ten percent of the volumes of electric energy generated by such organizations for a calendar month), on the balancing market, for export and at centralized auctions of electric energy to digital miners within the established quotas determined by the system operator, –

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.

Footnote. Article 165 as amended by the Law of the Republic of Kazakhstan dated 06.02.2023 № 195-VII (shall be enforced from 01.04.2023).

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 № 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 № 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 № 312-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 28.12.2016 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 506-V (shall be enforced upon expiry of sixty calendar days after its first official publication); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 04.07.2018 № 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 № 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. Failure to publish, untimely, unreliable or incomplete publication by an energy producing organization in mass media of information on the volume and directions of investments or fulfillment of investment obligations stipulated by the legislation of the Republic of Kazakhstan on electric power industry, -

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 № 272-V (shall be enforced from 01.01.2015); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.06.2024 №95-VIII (effective sixty calendar days after the date of 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 № 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 № 376-V (shall be enforced from 01.01.2016); № 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 № 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 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.12.2019 № 290-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 30.12.2022 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.12.2019 № 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 № 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 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.12.2019 № 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 № 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 № 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 № 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 № 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 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.12.2019 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 215-VІ dated 08.01.2019 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.06.2020 № 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 № 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 tobacco product brand, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems

1. Deliberate distribution, exhibition, sale of any goods bearing the mark of a tobacco product other than the tobacco products themselves, including heated tobacco products, hookah tobacco, hookah mixture, tobacco heating systems, or any packet, packaging, in which the product is sold or transported, -

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 № 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 19.04.2024 № 74-VIII (effective sixty 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. Breaching of the legislation of the Republic of Kazakhstan in the sale of tobacco and tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, sponsoring of tobacco, tobacco products, also in the production, sale and distribution of goods simulating tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems

Footnote. The heading of Article 199 as amended by the Law of the Republic of Kazakhstan dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

1. Breaching of the requirements of the legislation of the Republic of Kazakhstan in the sale of tobacco and tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, except for the cases provided for in Articles 133 and 423-1 of this Code, –

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. Sponsoring of tobacco, tobacco products, as well as production, sale, distribution of goods imitating tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, –

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 № 299-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 19.04.2024 № 74-VIII (effective sixty 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 № 272-V (shall be enforced from 01.01.2015); dated 28. 12. 2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.04.2019 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
Note!
Article 202 to be excluded by the Law of the Republic of Kazakhstan dated 06.04.2024 № 71-VIII (shall be enforced from 31.12.2025).

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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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. Distribution or placement by a microfinance organization in mass media of advertisements that do not correspond to reality on the day of their publication, as well as advertisements related to the offer of microcredit on the terms that do not comply with the legislation of the Republic of Kazakhstan in microfinance activities, if this action does not have signs of a criminal offense, –

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. Failure to indicate, misrepresentation of the size of the annual effective interest rate, calculated according to the procedure established by the legislation of the Republic of Kazakhstan, by organizations engaged in microfinance activities, persons to whom the right (claim) under the agreement on microcredit is assigned under an agreement on the microcredit provision concluded with clients , as well as exceeding the maximum annual effective interest rate determined by a joint regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations and the National Bank of the Republic of Kazakhstan, –

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 № 63-VI (shall be enforced upon expiry of twenty-one calendar days after its first official publication); dated 03.07.2019 № 262-VІ (shall be enforced from 01.01.2020); dated 10.06.2024 № 91-VIII (effective sixty calendar days after the date of its first official publication); dated 19.06.2024 № 95-VIII (effective sixty calendar days after the date of its first official publication).

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 № 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 № 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2019 № 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 № 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 № 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 № 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 № 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 № 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 № 422-V (shall be enforced from 16.12.2020); dated 03.07.2019 № 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 № 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 № 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 № 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 media that does not correspond to reality on the publication day, –

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

12. Exceeding by banks, branches of non-resident banks of the Republic of Kazakhstan, organizations carrying out 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 interest rate determined by a joint regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations and the National Bank of the Republic of Kazakhstan, –

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 № 63-VI (shall be enforced upon expiry of twenty-one calendar days after its first official publication); № 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2019 № 262-VІ (shall be enforced from 01.01.2020); dated 24.11.2015 № 422-V (shall be enforced from 16.12.2020); dated 03.07.2019 № 262-VІ (for the procedure of enactment see Article 2); dated 10.06.2024 № 91-VIII (effective sixty calendar days after the date of its first official publication); dated 19.06.2024 № 95-VIII (effective sixty calendar days after the date of its first official publication).

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 to submit, late submission, as well as submission of false information and documents provided for in paragraph 5 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 body for financial monitoring –

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 № 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 № 132-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 12.07.2023 № 24-VIII (effective upon 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 № 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 № 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 № 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 № 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 № 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 № 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 № 12-VI (shall be enforced upon expiry of thirty calendar days after its first official publication); dated 16.11.2015 № 406-V (shall be enforced from 01.07.2017); № 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2019 № 262-VІ (shall be enforced from 01.01.2020); dated 24.11.2015 № 422-V (shall be enforced from 16.12.2020); dated 03.07.2019 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2020 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 422-V (shall be enforced from 16.12.2020); dated 03.07.2019 № 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 № 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 № 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 № 268-VI (shall be enforced from 06.01.2020).
4. Is excluded by the Law of the Republic of Kazakhstan № 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 № 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 № 268-VI (shall be enforced from 06.01.2020).
8. Is excluded by the Law of the Republic of Kazakhstan № 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 № 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 № 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 № 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 № 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. Breaching by an insurance (reinsurance) organization, a branch of a non-resident insurance (reinsurance) organization of the Republic of Kazakhstan, an insurance broker of the requirement of obligatory publication of financial statements and other information in the media in accordance with the laws of the Republic of Kazakhstan –

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 № 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 № 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 № 422-V (see Article 2 for the procedure of enactment); dated 02.07.2018 № 168-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2019 № 262-VІ (for the procedure of enactment see Article 2);dated 28.10.2019 № 268-VI (shall be enforced from 06.01.2020); dated 19.06.2024 № 95-VIII (effective sixty calendar days after the date of its first official publication).

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 № 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 № 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 24.11.2015 № 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 № 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 № 311-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 166-VI dated 02.07.2018 (shall be enforced from 01.01.2019); № 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 № 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 № 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 № 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 № 127-VI (effective 10 calendar days after the day of its first official publication); dated 03.07.2019 № 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 № 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 № 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 № 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 № 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 № 393-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 № 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 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2019 № 262-VІ (shall be enforced from 01.01.2020); dated 03.07.2019 № 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 № 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 № 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 № 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 № 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 №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 by an individual entrepreneur or a legal entity of the deadline for providing information and (or) documents confirming the occurrence, fulfillment and termination of obligations and (or) circumstances, that affect terms and (or) conditions of repatriation of national and (or) foreign currency, provided by a joint regulatory legal act of the National Bank of the Republic of Kazakhstan and the authorized body responsible for ensuring tax revenues and other mandatory payments to the budget, –

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 №168-VІ dated 02.07.2018 (shall be enforced from 01.07.2019); as amended by the Law dated 12.12.2023 № 24-VIII (effective from 01.01.2024).

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 № 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 № 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 № 269-V (shall be enforced from 01.01.2015); dated 12.12.2017, № 122-VI (shall be enforced from 01.01.2018); dated 28.12.2017 № 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 № 269-V (shall be enforced from 01.01.2015); in the wording of the Law of the Republic of Kazakhstan dated 12.11.2015 № 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 № 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 № 393-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2019 № 262-VІ (shall be enforced from 01.01.2020); dated 13.05.2020 № 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, –

entails a fine in the amount of twenty percent of the amount of unpaid national and (or) foreign currency.

Note. Responsibility for an offense provided for in this article occurs in cases when, after the expiration of the repatriation period, the amount of unpaid national and (or) foreign currency exceeds the threshold value above which the currency contracts for export or import are subject to control of fulfillment of the repatriation requirement in accordance with a joint regulatory legal act of the National Bank of the Republic of Kazakhstan and the authorized body responsible for ensuring tax revenues and other mandatory payments to the budget, and if this action (inaction) does not contain signs of a criminally punishable act.

Footnote. Article 251 in the wording of the Law of the Republic of Kazakhstan №168-VІ dated 02.07.2018 (shall be enforced from 01.07.2019); as amended by the Law dated 12.07.2023 № 24-VIII (effective from 01.01.2024).

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 № 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 № 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 № 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 № 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 № 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 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.12.2019 № 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 № 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 № 422-V (shall be enforced from 01.01.2016); as amended by the law of the Republic of Kazakhstan dated 28.12.2017 № 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 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.12.2019 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 364-V (for the procedure of enforcement see Article 2); № 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 № 479-V (shall be enforced from 01.01.2017); from 28.12.2017 № 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 № 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 № 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 № 122-VI (shall be enforced from 01.01.2018); dated 18.11.2015 № 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 № 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 № 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 № 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 № 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 № 400-V (shall be enforced from 01.01.2017); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 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 № 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 № 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 № 272-V (shall be enforced from 01.01.2015); dated 25.12.2017 № 122-VI (shall be enforced from 01.01.2018); № 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 № 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 № 432-V (shall be enforced from 01.01.2016); in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 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 indication of the volume of petroleum products, the quantity of tobacco products, as well as inaccurate indication of the personal identification code number for petroleum products in declarations for petroleum products, for tobacco products, in the information necessary for monitoring, –

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 № 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 № 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 № 500-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.12.2017, № 122-VI (see order of enforcement Article 11); dated 12.12.2017, № 126-VI (shall be enforced from 01.01.2018); dated 28. 12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 06.04.2024 № 71-VIII (shall be enforced upon expiration of sixty calendar days after the day of 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. 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;

2) turnover of alcoholic beverages in containers and packages not established by the technical regulations;

3) turnover of alcoholic beverages in tin containers (except for brewing products and low-alcohol beverages), in bottles without labels and plastic containers (except for bottling of brewing products to the end consumer);

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 № 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;

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, as well as brewing products, the production capacity of which is below four hundred thousand decaliters per year;

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, as well as brewing products, 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 № 122-VI (shall be enforced from 01.01.2018).
9. Excluded by the Law of the Republic of Kazakhstan dated 25.12.2017 № 122-VI (shall be enforced from 01.01.2018).

10. Non-compliance with the minimum percentage of production capacity use and minimum production volumes in the production of ethyl alcohol, vodkas and special vodkas, vodkas with a protected designation of origin in accordance with technical regulations –

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 № 272-V (shall be enforced from 01.01.2015); as amended by the laws of the Republic of Kazakhstan dated 27.10.2015, № 364-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.12.2017, № 122-VI (order of enforcement see Article 11); dated 28.12. 2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.07.2022 № 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 № 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 № 272-V (shall be enforced from 01.01.2015); as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.07.2022 № 137-VII (shall be enforced from the date of its first official publication).

Article 283-1. Failure to submit or untimely submission of accompanying invoices for goods, inconsistency of names, unreliable indication of the quantity (volume) of goods in the accompanying invoice for goods, as well as unreliable indication in the accompanying invoice for goods of a personal identification code number for petroleum products, ethyl alcohol and alcoholic products, biofuel

Footnote. The title of Article 283-1 as amended by the Law of the Republic of Kazakhstan dated 06.04.2024 № 71-VIII (effective sixty calendar days after the date of its first official publication).

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, unreliable indication of the quantity (volume) of goods in the accompanying invoice for goods, as well as unreliable indication in the accompanying invoice for goods of a personal identification code number for petroleum products, ethyl alcohol and alcoholic products, biofuel –

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 prepare accompanying invoices for goods, as well as the turnover of certain types of petroleum products, biofuels, circulation and movement of ethyl alcohol and (or) alcoholic products without accompanying invoices for goods –

entail a fine for individuals in the amount of twenty, for small businesses - in the amount of fifty, for medium-sized businesses - in the amount of one hundred, for large businesses - in the amount of two hundred monthly calculation indices with confiscation of ethyl alcohol and (or) alcoholic products, certain types of petroleum products, biofuels that are the direct subjects of an administrative offense, and (or) income, money received as a result of an administrative offense.

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 for individuals in the amount of forty, for small businesses - in the amount of one hundred, for medium-sized businesses - in the amount of two hundred, for large businesses - in the amount of four hundred monthly calculation indices with confiscation of ethyl alcohol and (or) alcoholic products, certain types of petroleum products, biofuels that are the direct subjects of an administrative offense, and (or) income, money received as a result of an administrative offense.

Footnote. Chapter 16 is supplemented by Article 283-1 in accordance with the Law of the Republic of Kazakhstan dated 03.12.2015 № 432-V (shall be enforced from 01.01.2020); dated 06.04.2024 № 71-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

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 № 419-V (shall be enforced from 01.01.2016); № 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 № 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 № 342-V dated 02.08.2015 (shall be enforced from 01.01.2024).

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 № 342-V dated 02.08.2015 (shall be enforced from 01.01.2024).

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 № 272-V (shall be enforced from 01.01.2015); dated 16.11.2015 № 406-V (shall be enforced from 01.07.2017); dated 30.11.2016 № 26-VI (shall be enforced from 01.01.2017); dated 12.12.2017, № 122-VI (shall be enforced from 01.01.2018); dated 28.12.2017 № 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 № 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 № 26-VI (shall be enforced from 01.01.2017); as amended by the Law of the Republic of Kazakhstan dated 25.12.2017 № 122-VI (shall be enforced from 01.01.2018); № 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 № 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 № 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 № 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 № 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 № 272-V (shall be enforced from 01.01.2015); dated 28.12.2017 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 10.29.2015 № 376-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2017 № 124-VI (shall be enforced from 01.01.2018); № 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 № 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 № 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 № 279-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 29.03.2016 № 479-V (shall be enforced from 01.01.2017); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 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 № 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 № 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 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.10.2019 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 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 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 269-V (shall be enforced from 01.01.2015); as amended by the laws of the Republic of Kazakhstan dated 28.10.2015 № 366-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 № 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 № 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 № 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 № 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 № 269-V (shall be enforced from 01.01.2015); as amended by the Law of the Republic of Kazakhstan № 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 № 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 № 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 № 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 № 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication); dated 21.01.2019 № 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 № 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 № 366-V (shall be enforced upon expiry of ten calendar days after its first official publication); № 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 № 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 № 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 № 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 № 366-V (shall be enforced upon expiry of ten calendar days after its first official publication); № 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication); dated 29.05.2020 № 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 № 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 № 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 № 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 № 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 № 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 № 403-VI (shall be enforced from 01.07.2021); as amended by the Law of the Republic of Kazakhstan dated 02.07.2021 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 403-VI (shall be enforced from 01.07.2021).

Article 337. Land degradation

1. Destruction or illegal removal of a fertile layer of soil, including for the purpose of selling or transferring it to other persons, except for cases when such removal is necessary to prevent the irretrievable loss of a fertile layer of soil, –

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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.10.2019 № 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 02.01.2021 № 403-VI (shall be enforced from 01.07.2021); dated 03.01.2023 № 187-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 15.03.2023 № 208-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;

3) failure to notify or untimely notification of the authorized body for land relations on the alienation of the right of land use on agricultural lands, –

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 № 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.10.2019 № 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 03.01.2023 № 187-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 15.03.2023 № 208-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 № 408-V (shall be enforced from 01.03.2016); 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 343. Violation of the legislation of the Republic of Kazakhstan in the field of geodesy, cartography and spatial data

Footnote. The title of Article 343 as amended by the Law of the Republic of Kazakhstan dated 15.03.2023 № 208-VII (shall be enforced ten calendar days after the date of its first official publication).

1. Implementation of geodetic and (or) cartographic works in the absence of:

1) own or rented set of authorized instruments, equipment and tools that allow you to perform geodetic and (or) cartographic work, or a contract for provision of services with persons who have a set of authorized instruments, equipment, tools with factory numbers;

2) in the staff of a specialist with higher or post–secondary education in the field of geodesy, cartography and spatial data -

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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.03.2023 № 208-VII (shall be enforced sixty calendar days after the date of 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 272-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); № 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 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 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 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 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 № 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 № 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 № 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 № 73-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 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 № 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 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 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 № 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 № 403-VI (shall be enforced from 01.07.2021); dated 03.01.2023 № 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 № 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 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.12.2019 № 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 № 210-VI dated 28.12.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.01.2021 № 403-VI (shall be enforced from 01.07.2021); dated 03.01.2023 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 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 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 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 № 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 № 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 № 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 № 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 № 403-VI (shall be enforced from 01.07.2021).

Chapter 22. ADMINISTRATIVE INFRACTIONS IN THE FIELD OF PLANTS PROTECTION AND QUARANTINE, GRAIN MARKET AND GRAIN STORAGE, SEED PRODUCTION AND STATE VETERINARY-SANITARY CONTROL AND SUPERVISION, PEDIGREE ANIMAL HUSBANDRY, AND ALSO IMPLEMENTATION OF MECHANISMS FOR STABILIZING PRICES ON STAPLE FOODS

Footnote. Heading of Chapter 22 is in the wording of the Law of the Republic of Kazakhstan № 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 № 409-VI (shall be enforced from 01.01.2022); dated 10.06.2024 № 91-VIII (effective sixty calendar days after the date of its first official publication);

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 № 272-V (shall be enforced from 01.01.2015); as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 № 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 № 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 № 502-V (order of enforcement see. Article 2).
9) excluded by the Law of the Republic of Kazakhstan dated 09.04.2016 № 502-V (order of enforcement see. Article 2).
10) excluded by the Law of the Republic of Kazakhstan dated 09.04.2016 № 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 № 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 № 435-V (shall be enforced from 01.01.2016); dated 09.04.2016 № 502-V (for the procedure of enforcement see Art. 2); dated 28.12.2017 № 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 № 272-V (shall be enforced from 01.01.2015); from 27.11.2015 № 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 № 272-V (shall be enforced from 01.01.2015); dated 28.10.2019 № 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 № 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 № 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 № 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 № 424-V (shall be enforced upon expiry of six months after its first official publication); dated 28.12.2017 № 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 № 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) accounting for pets;

Subparagraph 3) was suspended on 01.01.2025 by the Law of the Republic of Kazakhstan dated 30.12.2021 № 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 № 99-VII (for the procedure of entry into force, see Article 2).

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 № 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

Footnote. Article 408-1 was excluded by the Law of the Republic of Kazakhstan dated 10.06.2024 No. 91-VIII (effective sixty calendar days after the date of 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 № 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 № 272-V (shall be enforced from 01.01.2015).
1. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 № 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 № 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. Manifestation of disrespect for a teacher in the performance of his official duties, consisting in obscene language, indecent behavior, offensive harassment, demonstration of indecent gestures (signs), objects, including with the use of mass media or telecommunications networks, –

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 № 272-V (shall be enforced from 01.01.2015); dated 09.04.2016 №501-V (shall be enforced from 01.01.2017); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 170-VІ dated 02.07.2018 (shall be enforced upon expiry of six months after its first official publication); № 240-VI dated 01.04.2019 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.12.2019 № 280-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 27.12.2019 № 294-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 19.06.2024 № 95-VIII (effective 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 № 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 № 272-V (shall be enforced from 01.01.2015); dated 28.12.2017 № 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 № 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 № 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 № 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 № 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 № 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 № 124-V (shall be enforced from 01.01.2018); as amended by the Law of the Republic of Kazakhstan № 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 № 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 № 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 № 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 to persons under twenty-one years of age

1. Sale of tobacco and tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems to persons under twenty-one years of age,-

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 № 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 19.04.2024 № 74-VIII (effective sixty 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 persons, including with the use of mass media-

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 № 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 19.06.2024 № 95-VIII (effective sixty 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 № 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 № 504-V (shall be enforced upon expiry of ten calendar days after its first official publication); № 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication); dated 30.12.2019 № 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 № 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 № 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 № 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 № 208-VI dated 28.12.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.07.2020 № 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 care institution, –

entail a fine in amount of five monthly calculation indices.

2. Avoidance of medical examination and treatment of persons with mental, behavioral disorders (diseases) associated with the use of psychoactive substances or for whom there is sufficient evidence that they use narcotic drugs or psychotropic substances without a doctor's prescription, shall –

entail a fine in amount of ten monthly calculation indices.

Footnote. Article 429 as amended by the Law of the Republic of Kazakhstan № 208-VI dated 28.12.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 430. Avoidance from treatment of the persons with the diseases representing danger for wider public

1. Refusal from taking medical products and another avoidance from treatment of the persons with the diseases representing danger for wider public, the list of which shall be determined by the authorized authority for healthcare, as well as the persons being in contact with them and that are in need of preventive treatment, that continues after written warning made by the healthcare institution, shall –

entail a fine in amount of five monthly calculation indices.

2. Avoidance of parents or the persons substituting them from treatment of minor children with the diseases representing danger for wider public, the list of which shall be determined by the authorized authority for healthcare, shall –

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

Footnote. Article 430 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 431. Concealment of the source of infection by the persons with diseases representing danger for the wider public and the persons being in contact with them

Concealment of the source of infection by the persons with diseases representing danger for the wider public and the persons being in contact with them, creating the danger of infecting the other persons by these diseases, shall –

entail a fine in amount of five monthly calculation indices.

Article 432. Representation of knowingly false details and information upon receipt of permitting documents for engagement in medical, pharmaceutical activity

1. Representation of knowingly false details and information upon receipt of permitting documents for engagement in medical, pharmaceutical activity, including by falsification of the documents if this action does not contain the 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 fifteen, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in amount of thirty monthly calculation indices.

2. The same act 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 – 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.

Article 433. Violation of the obligation by the public health service entities on informing the authorized bodies

1. Violation by the subjects of healthcare of the obligation to provide information ( expedited report):

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

to the state body in the field of sanitary and epidemiological welfare of the population - on cases of infectious diseases, poisonings that pose a danger to others;

to the state body in the field of providing medical services (assistance) - on cases of death of pregnant women, women in childbirth, puerperas within forty-two calendar days after childbirth, sudden death of patients during the provision of planned medical care (primary health care and specialized, including high-tech health care);

to the authorized body in the field of civil protection - on the threat of occurrence and (or) the occurrence of medical and sanitary consequences of emergency situations;

to the internal affairs bodies - information about persons who applied for fresh injuries, wounds, illegal artificial termination of pregnancy, domestic violence, cases of diseases that pose a danger to others, shall –

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

2. The same action (omission) committed repeatedly second time within a year after imposition of administrative sanction, shall –

entail a fine on individuals in amount of ten monthly calculation indices with the deprivation of the certificate, on civil servants – in amount of twenty monthly calculation indices.

Footnote. Article 433 as amended by the Law of the Republic of Kazakhstan dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Chapter 25. ADMINISTRATIVE INFRACTIONS ENCROACHING
ON PUBLIC ORDER AND MORALITY Article 434. Disorderly conduct

1. Petty hooliganism, that is, obscene language in public places, offensive harassment of individuals, desecration of buildings, other structures, residential premises, common areas, property on transport and in other public places and other similar actions expressing disrespect for others, violating public order and tranquility of individuals –

entails a fine in the amount of twenty monthly calculation indices or administrative arrest for a period of five to fifteen days.

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

entail administrative arrest for a period of fifteen to thirty days.

3. Actions provided by a part two of this Article committed by persons in respect of whom the administrative arrest shall not be applied in accordance with a part two of Article 50 of this Code, shall –

entail a fine in amount of twenty monthly calculation indices.

Footnote. Article 434 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 03.01.2023 № 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 434-1. Violation of the rules of behavior on sports and sports-mass, entertainment cultural and mass events by individuals

1. Violation of the rules of behavior on sports and sports-mass, entertainment cultural and mass events by individuals in the form of:

1) carrying into the places of sports and sports-mass, entertainment cultural and mass events of alcoholic products, products in metal, glass containers, pyrotechnic products and other items, the use of which may pose a threat to life and health of people or cause material damage to individuals and legal entities;

2) the use of posters, emblems, banners and other visual objects aimed at inciting social, racial, national, religious, class and clan hatred, as well as infringing the rights of individuals during sports and sports-mass, entertainment cultural and mass events, if these actions do not contain any signs of a criminally punished act, shall -

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

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

entail a fine on individuals in amount of forty monthly calculation indices.

Footnote. Chapter 25 is supplemented by Article 434-1 in accordance with the Law of the Republic of Kazakhstan dated 22.01.2016 № 446-V (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 434-2. Contamination of common areas

1. Contamination of common areas, parks, squares, including the release of municipal waste in unidentified places, shall -

entail a fine in amount of five monthly calculation indices.

2. Actions 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 ten monthly calculation indices.

Footnote. Chapter 25 is supplemented by Article 434-2 in accordance with 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 435. Hooliganism committed by a minor

Disorderly conduct or hooliganism provided by a part one of Article 293 of the Criminal Code of the Republic of Kazakhstan committed by a minor at the age from fourteen to sixteen, shall –

entail a fine on parents or the persons substituting them in amount of seven monthly calculation indices.

Article 436. The use of pyrotechnic products in settlements

Footnote. The title of Article 436 is in the wording of the Law of the Republic of Kazakhstan dated 11.07.2022 № 137–VII (shall be enforced sixty calendar days after the date of its first official publication).
1. Excluded by the Law of the Republic of Kazakhstan dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

2. Use of pyrotechnic products in inhabited localities and in places not designated for this purpose, violating the peace of individuals, the established order and not causing major material damage, shall –

entail a fine in amount of twenty monthly calculation indices with confiscation of pyrotechnic products.

3. An action provided for in part two of this Article committed by a minor under the age of sixteen, –

entails a warning or a fine for parents or persons replacing them in the amount of twenty monthly calculation indices with confiscation of pyrotechnic products.

4. The action provided for in part two of this Article, committed repeatedly within a year after the imposition of an administrative penalty, as well as by a person who was brought to administrative responsibility for an offense provided for in Article 437 of this Code during the year,

entails a fine in the amount of thirty monthly calculation indices with confiscation of pyrotechnic products.

Footnote. Article 436 as amended by the Law of the Republic of Kazakhstan dated 22.12.2016 № 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 dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 437. Violation of silence

1. Violation of silence from 22 to 9 in the morning, as well as performance of the works in residential premises and outside them with a noise not linked with urgent necessity, impeding the normal rest and calm of the individuals, as well as the violation of silence by entertainment facilities located in residential buildings and in residential areas, from 22 to 9 in the morning on weekdays, from 23 to 10 in the morning on weekends and holidays, shall –

entail a fine on individuals in amount of five, 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 monthly calculation indices.

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

entail a fine on individuals in amount of five, 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 and fifty monthly calculation indices.

Footnote. Article 437 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); dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 438. Knowingly false call of special services

1. Knowingly false call of the bodies of the state fire-fighting service, police, ambulance service, emergency services, shall –

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

2. Actions provided by a part one of this Article committed repeatedly second time within a year after imposition of the administrative sanction or committed during the period of liquidation of the accidents, fires, consequences of natural disasters, shall –

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

3. Actions provided by parts one and two of this Article committed by the minors at the age from fourteen to sixteen years, shall –

entail a notification or fine on parents and the persons substituting them in amount of fifteen monthly calculation indices.

Article 439. Knowingly false information of a fact of corruption

1. Reporting of knowingly false information of a fact of corruption to the body, fighting against corruption, shall

entails a notification or a fine on individuals in amount of twenty monthly calculation indices.

2. 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 forty monthly calculation indices.

Footnote. Article 439 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 440. Drinking alcoholic beverages or appearance in public places in a state of intoxication

1. Drinking alcoholic beverages in the streets and in other public places, except for trade and public catering organizations, in which the sale of alcoholic beverages on tap shall be permitted by the local executive authority, or appearance in public places in a state of intoxication that offends human dignity and public morality, shall –

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

2. Appearance in public places in a state of intoxication of persons under eighteen years of age, as well as their drinking of alcoholic beverages, shall –

entail a fine for parents or persons replacing them, in amount of five monthly calculation indices.

3. Actions provided by parts one and two of this Article, committed repeatedly second time within a year after imposition of an administrative sanction, shall -

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

Footnote. Article 440 is in the wording of 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 441. Violation of the prohibition of consuming of tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, electronic consumption systems and liquids for them, at places where it is established by the legislation of the Republic of Kazakhstan

Footnote. The heading of Article 441 as amended by the Law of the Republic of Kazakhstan dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

1. Consumption of tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, electronic consumption systems and liquids for them, in places where prohibition is established by the legislation of the Republic of Kazakhstan, except as provided in part 1-2 of this Article, shall –

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

1-2. Consumption of tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, electronic consumption systems and liquids for them, on board the aircraft shall –

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

3. Failure by the employer to take measures against persons consuming tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, electronic consumption systems and liquids for them, in special places not designated for this, shall –

entail a fine on officials, subjects of small entrepreneurship or non-profit organizationsin 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 sixty monthly calculation indices.

Footnote. Article 441 as amended by the Law of the Republic of Kazakhstan dated 06.04.2015 № 299-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication): dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.04.2019 № 249-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 441-1. Violation of the prohibition of consuming of tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, electronic consumption systems and liquids for them, in a motor vehicle while minors are in them

1. Consumption of tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, electronic consumption systems and liquids for them, in a motor vehicle while minors are in them, shall –

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

Footnote. Chapter 25 was supplemented with Article 441-1 in accordance with the Law of the Republic of Kazakhstan dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 442. Appearance of minors in entertaining premises or outside dwelling place at night time without accompanying of legal representatives

Footnote. Title of Article 442 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015).

1. Appearance of minors in entertaining premises at night time without accompanying of legal representatives from 22 to 6 hours, shall –

entail a fine on legal representatives in amount of three monthly calculation indices.

2. Appearance of minors without accompanying of legal representatives outside a dwelling place from 23 to 6 hours, shall –

entail a notification on legal representatives.

3. Actions 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 legal representatives in amount of seven monthly calculation indices.

Footnote. Article 442 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 443. Insubordination to legal requirement of the person that takes participation in ensuring public order

1. Insubordination to legal requirement of the person that takes participation in ensuring public order, shall –

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

Footnote. Article 443 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015).

Article 443-1. Refusal of citizens of the Republic of Kazakhstan, foreigners and stateless persons from mandatory fingerprint and (or) genomic registration

1. Excluded by the Law of the Republic of Kazakhstan dated 23.122023 № 50-VIII (effective from 01.01.2024).

2. Refusal of foreigners or stateless persons from mandatory dactyloscopic registration shall –

entail administrative expulsion from the Republic of Kazakhstan.

3. Refusal of citizens of the Republic of Kazakhstan, foreigners or stateless persons from mandatory genomic registration shall –

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

Footnote. The Code is amended with Article 443-1 in accordance with the Law of the Republic of Kazakhstan dated 30.12.2016 № 41-VІ (shall be enforced from 01.01.2021); as amended by the Law of the Republic of Kazakhstan dated 23.12.2023 № 50-VIII (effective from 01.01.2024).

Article 444. Participation, involvement or access to gambling games

1. Participation in gambling games (for money, things and other values) at the places not allocated for that, and equally takings stacks for sport and other competitions by the persons that do not have the special permission, shall –

entail a fine on individuals in amount of two hundred monthly calculation indices with the confiscation of playing accessories, money, things and other values.

2. Involvement and (or) access of the citizens of the Republic of Kazakhstan at the age up to twenty one year in playing gambling games and (or) betting for money, things and other values, shall –

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

Footnote. Article 444 as amended by the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 445. Breach of the legislation of the Republic of Kazakhstan on gambling business

1. Paragraph 1 enters into force upon expiry of six months after the date of its first official publication in accordance with the Law of the Republic of Kazakhstan dated 24.04.2015 № 310-V.

2. Betting, taking (registration) of stacks, payment of winnings outside gambling premises (totalizator counters or bookmaker's offices) or organization and conduct of the gambling games and (or) betting providing taking of the stacks and (or) giving of the winning in the form of one property, except for the money by the organizer of gambling business, with the exception of the case established by the Law, shall –

entail a fine on subjects of medium entrepreneurship in amount of three hundred, on subjects of large entrepreneurship – in amount of one thousand monthly calculation indices, with suspension of the license validity term.

3. Non-compliance with the requirements of a percentage of the winning technologically built into a game machine, shall –

entail a fine on subjects of medium entrepreneurship in amount of three hundred, on subjects of large entrepreneurship – in amount of one thousand monthly calculation indices, with the confiscation of the incomes received due to commission of the administrative infraction, and suspension of the license validity term.

4. Non-fulfillment of the conditions on formation, use, ensuring of placing the compulsory reserves on a permanent basis by an organizer of gambling business in the manner and on conditions determined by the legislation of the Republic of Kazakhstan, shall –

entail a fine on subjects of medium entrepreneurship in amount of three hundred, on subjects of large entrepreneurship – in amount of one thousand monthly calculation indices with the suspension of the license validity term.

5. Installation of game machines or their parts in walls, window and door apertures in a casino and hall of game machines, shall –

entail a fine on subjects of medium entrepreneurship in amount of three hundred, on subjects of large entrepreneurship – in amount of one thousand monthly calculation indices with the suspension of the license validity term.

Non-compliance with the requirements on equipping the pay offices and playing places of gambling premises by video recording systems by an organizer of the gambling business or violation of the terms for storage of recorded information or conditions of recording, or non-fulfillment of the obligation to establish the equipment for organization and conduct of betting, shall –

entail a fine on subjects of medium entrepreneurship in amount of three hundred, on subjects of large entrepreneurship – in amount of one thousand monthly calculation indices with the suspension of the license validity term.

7. Paragraph 7 enters into force upon expiry of six months after the date of its first official publication in accordance with the Law of the Republic of Kazakhstan dated 24.04.2015 № 310-V.

8. Use of game machines by an organizer of gambling business with the violation of requirements of the legislation of the Republic of Kazakhstan in the field of technical regulation, shall –

entail a fine on subjects of medium entrepreneurship in amount of three hundred, on subjects of large entrepreneurship – in amount of one thousand monthly calculation indices with the suspension of the license validity term.

9. Paragraph 9 enters into force upon expiry of six months after the date of its first official publication in accordance with the Law of the Republic of Kazakhstan dated 24.04.2015 № 310-V.

10. Paragraph 10 enters into force upon expiry of six months after the date of its first official publication in accordance with the Law of the Republic of Kazakhstan dated 24.04.2015 № 310-V.

11. Actions (omission) provided by parts one, two, four, five, six, seven, nine and ten of this Article committed repeatedly second time within a year after imposition of the administrative sanction, shall –

entail a fine on subjects of medium entrepreneurship in amount of four hundred, on subjects of large entrepreneurship – in amount of two thousand monthly calculation indices with the deprivation of the license.

12. Acts provided by parts three and eight 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 four hundred, on subjects of large entrepreneurship – in amount of two thousand monthly calculation indices with the confiscation of incomes received due to commission of the administrative infraction, and deprivation of the license.

Footnote. Article 445 as amended by the Law of the Republic of Kazakhstan dated 24.04.2015 № 310-V (order of enforcement see Article 2).

Article 445-1. Violation of the legislation of the Republic of Kazakhstan on lotteries and lottery activity

1. Non- fulfillment of the requirements for publication in periodicals distributed throughout the territory of the Republic of Kazakhstan by a lottery operator, or for placement of the results of each draw and winnings on lottery tickets, receipts or other lottery documents on the internet resource of the lottery operator, as well as violation of the terms of publication or placement shall -

entail a fine on subjects of medium entrepreneurship in amount of five hundred, on subjects of large entrepreneurship - in amount of one thousand monthly calculation indices, with the suspension of activity.

2. Non-fulfillment of the requirements for sending a copy of the approved lottery conditions to the authorized body in the sphere of lottery and lottery activity and placement of the conditions of the lottery on its Internet resource, as well as violation of terms of direction and placement shall -

entail a fine 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 activity.

3. Violation of the requirements for collecting, forming, storing and recording information on distributed lottery tickets, receipts or other documents, revenue from realized lottery tickets, receipts or other documents, paid out winnings, as well as its failure to submit, late submission, or submission of unreliable information to the authorized body by a lottery operator shall –

entail a fine 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, with suspension of activities.

4. Violation of the requirements for formation of the prize fund by a lottery operator shall –

entail a fine on subjects of medium entrepreneurship in the amount of five hundred, on subjects of large entrepreneurship - in amount of one thousand monthly calculation indicators, with suspension of activity.

5. Actions provided by parts one, two, three and four 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 thousand, on subjects of large entrepreneurship - in amount of two thousand monthly calculation indices, with prohibition of activity.

6. Conducting a lottery by a person, who is not a lottery operator, shall –

entail a fine on individuals in the amount of one hundred, on the 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.

7. Action provided for by part six 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 two hundred, on the subjects of small entrepreneurship or non-profit organizations – in the amount of seven hundred fifty, 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 confiscation of the incomes received due to commission of the administrative infraction.

Footnote. Chapter 25 is supplemented by Article 445-1 in accordance with the Law of the Republic of Kazakhstan dated 09.04.2016 № 496-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 10.06.2020 № 343-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 446. Advertising of the products of erotic content

Sale, distribution or advertising of the products of erotic content at the places not allocated for these purposes, shall –

entail a fine on individuals in amount of twenty monthly calculation indices with the confiscation of the products of erotic content.

Article 447. Violation of the rules for protection and use of the monuments of history and culture

Violation of the rules for protection and use of the monuments of history and culture protected by the state, shall –

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

Article 448. Vandalism of minors

Vandalism, that is, the desecration of objects of historical and cultural heritage, historical and cultural monuments, natural objects protected by the state, inscriptions or drawings, or other actions insulting public morality committed by minors under the age of sixteen, -

entails a fine for parents or persons replacing them in the amount of fifteen monthly calculation indices.

Footnote. Article 448 as amended by the Law of the Republic of Kazakhstan dated 03.01.2023 № 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 449. Harassment in public places

1. Harassment, i.e. importunate address in public places for the purpose of purchase, sale, exchange or acquisition of the things by other method, by the person that is not an entrepreneurship entity, as well as for the purpose of fortunetelling, beggary, rendering of sexual services or solicitation of another services, shall –

entail a notification or a fine on individuals in amount of five monthly calculation indices.

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

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

3. Actions provided by a part one of this Article committed a foreign person or stateless person, shall –

entail a fine in amount of five monthly calculation indices or administrative arrest up to five days or administrative expulsion outside the Republic of Kazakhstan.

Footnote. Article 449 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 450. Provision of premises knowingly for prostitution or procuration

1. Provision of premises knowingly for prostitution or procuration, shall –

subject to fine physical and officials at a rate of hundred monthly settlement indicators, on small business entities – at a rate of hundred fifty, on subjects of average business – at a rate of three hundred, on subjects of large business – of one thousand monthly settlement indicators, with suspension of their activity or separate kinds of activity for a period of up to three months.

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

subject to finephysical and officials at a rate of hundred fifty monthly settlement indicators, on small business entities – at a rate of two hundred, on subjects of average business – at a rate of four hundred, on subjects of large business – of two thousand monthly settlement indicators, with prohibition of their activity or separate kinds of activity for a period of up to three years with confiscation of the income received owing to commission of administrative offense.

Footnote. Article 450 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days of its first official publication).

Chapter 26. ADMINISTRATIVE INFRACTIONS IN THE FIELD
OF PRINT AND INFORMATION

Article 451. Breaching of the legislation of the Republic of Kazakhstan in mass media

1. Distribution of mass media products without registration or after a decision to suspend, terminate its release (broadcast) or deem the registration certificate invalid –

shall be punishable by a fine for officials in the amount of ten, for small businesses - in the amount of twenty, for medium-sized businesses - in the amount of fifty, for large businesses - in the amount of three hundred monthly calculation indices, with confiscation of the media products.

2.Production, manufacture, replication and (or) distribution of mass media products without re-registration in cases of change of owner or change of its name, title, language, territory of distribution, main thematic focus and frequency of issue, as well as change of the organizational and legal form of a TV or radio channel –

shall be punishable by a fine on officials in the amount of forty, on small businesses - in the amount of one hundred, on medium-sized businesses - in the amount of two hundred, on large businesses - in the amount of one thousand monthly calculation indices, with suspension of the publication (broadcast) of a media outlet for up to three months.

3. Actions envisaged by part two of this Article, committed repeatedly within a year after imposition of an administrative penalty, -

shall entail prohibition of the release (broadcasting)

shall entail a ban on the media outlet release (airing).

4. Distribution in violation of the requirements of the legislation of the Republic of Kazakhstan in mass media of personal and biometric data, other information enabling identification of a minor wronged by unlawful actions (inaction), as well as a suspect and (or) accused of committing an administrative and (or) criminal offense, with the exception of minors found guilty by the court of committing grave and (or) especially grave crimes, including information about their parents and other legal representatives, –

shall entail a fine for individuals in the amount of five, for officials, 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.

5. The action stipulated by part four of this Article, committed repeatedly within one year after the imposition of an administrative penalty, -

shall entail a fine for individuals and officials, small businesses or non-profit organizations in the amount of fifty, for medium-sized businesses - in the amount of one hundred, for large businesses - in the amount of two hundred monthly calculation indices.

6. Violation of the legislation of the Republic of Kazakhstan in mass media by television and radio companies, committed in the form of:

1) distribution by domestic television and radio channels of less than the established percentage of domestic television and radio programs;

2) distribution of news-related television programs on a television channel without providing sign language interpretation or translation in the form of subtitles;

3) dissemination on a television channel of additional information that is of commercial advertising nature, exceeding twenty-five percent of the frame area and violating the text or information material in television programs;

4) failure to ensure the quality of presentation of television and radio programs by television and radio channels in accordance with the rules for connecting technical means of television and radio broadcasting to the networks of television and radio broadcasting operators, technical operation of television and radio broadcasting systems and requirements of the national television and radio broadcasting standards, as well as technical parameters of the quality of television and radio broadcasting, –

shall entail a fine for officials in the amount of fifty, for small businesses or non-profit organizations - in the amount of one hundred, for medium-sized businesses - in the amount of one hundred and fifty, for large businesses - in the amount of three hundred monthly calculation indices.

7. Acts stipulated by part six of this Article, committed repeatedly within one year after imposition of an administrative penalty, -

shall entail a fine for officials in the amount of one hundred, for small businesses or non-profit organizations - in the amount of one hundred and fifty, for medium-sized businesses - in the amount of two hundred, for large businesses - in the amount of four hundred monthly calculation indices.

8. Distribution of the volume of television and radio programs in the state language from the total volume of television and radio programs in time intervals of six hours each, calculated from zero hours of local time, less than established by the legislation of the Republic of Kazakhstan on mass media, –

shall entail a warning or a fine for officials in the amount of ten, for small businesses - twenty, for medium-sized businesses - fifty, for large businesses - in the amount of three hundred monthly calculation indices.

9. The action stipulated in part eight of this article, committed repeatedly within a year after imposition of an administrative penalty, –

shall entail a fine on officials in the amount of fifty, on small businesses - in the amount of one hundred and fifty, on medium-sized businesses - two hundred and fifty, on large businesses - in the amount of one thousand monthly calculation indices, with deprivation of the license to operate the organization of television and (or) radio broadcasting and suspension of publication (broadcasting) of the mass media for up to three months.

10. Retransmission in a weekly volume by domestic television and radio channels of television and radio programs of foreign television and radio channels, exceeding ten percent of the total volume of television and radio programs, –

shall entail a fine for officials in the amount of fifty, for legal entities - in the amount of one hundred monthly calculation indices.

11. The action provided for in part ten of this article, committed repeatedly within a year after imposition of an administrative penalty, –

shall entail a fine on officials in the amount of one hundred, on legal entities in the amount of two hundred monthly calculation indices.

12. Breaching of the legislation of the Republic of Kazakhstan in mass media by television and radio broadcasting operators, committed in the form of:

1) non-distribution by television and radio broadcasting operators of mandatory television and radio channels;

2) breaching by television and radio broadcasting operators of the conditions for retransmission of television and radio channels, –

shall entail a fine for officials in the amount of fifty, for small businesses or non-profit organizations - in the amount of one hundred, for medium-sized businesses - in the amount of one hundred and fifty, for large businesses - in the amount of three hundred monthly calculation indices.

13. Acts stipulated for in part twelve of this article, committed repeatedly within a year after imposition of an administrative penalty, –

shall entail a fine for officials in the amount of one hundred, for small businesses or non-profit organizations - in the amount of one hundred and fifty, for medium-sized businesses - in the amount of two hundred, for large businesses - in the amount of four hundred monthly calculation indices.

14. Violation of the legislation of the Republic of Kazakhstan in mass media by television and radio companies and television and radio broadcasting operators, committed in the form of:

1) organizing a collective reception system that pursues no commercial purpose, without a written consent of the owners of the building and (or) buildings;

2) untimely propagation by television and radio broadcasting operators and television and radio companies of a warning signal to the population about a threat to life, to people’s health and the procedure to be followed in the current situation in natural and man-made emergencies, as well as in the interests of defense, national security and protection of law and order;

3) use of technical means of television and radio broadcasting that have not undergone conformity assessment procedure;

4) creating interference with radio transmitting and (or) radio receiving communications through individual ground-based satellite receiving devices;

5) distribution by television and radio broadcasting operators of television and radio channels that were not registered, re-registered with the authorized body, –

shall entail a fine for officials in the amount of fifty, for small businesses or non-profit organizations - in the amount of one hundred, for medium-sized businesses - in the amount of one hundred and fifty, for large businesses - in the amount of three hundred monthly calculation indices.

15. Acts stipulated in part fourteen of this article, committed repeatedly within a year after the imposition of an administrative penalty, –

shall entail a fine for officials in the amount of one hundred, for small businesses or non-profit organizations - in the amount of one hundred and fifty, for medium-sized businesses - in the amount of two hundred, for large businesses - in the amount of four hundred monthly calculation indices.

Footnote. Article 451 as amended by the Law of the Republic of Kazakhstan dated 19.06.2024 № 95-VIII (effective sixty calendar days after the date of its first official publication).

Article 452. Breach of the legislation of the Republic of Kazakhstan on television and radio broadcasting

Footnote. Article 452 is excluded by the Law of the Republic of Kazakhstan dated 19.06.2024 № 95-VIII (effective sixty calendar days after the date of its first official publication).

Article 453. Manufacturing, storage, importation, transportation, distribution in the territory of the Republic of Kazakhstan of mass media products, as well as other products

Footnote. The title of Article 453 as amended by the Law of the Republic of Kazakhstan dated 19.06.2024 No. 95-VIII (shall be brought into force upon the expiration of sixty calendar days after the day of its first official publication).

1. Manufacturing, storage, importation, transportation in the territory of the Republic of Kazakhstan of mass media products containing information and materials aimed at promoting or agitating a violent change in the constitutional system, violating the integrity of the Republic of Kazakhstan, undermining the security of the state, war, inciting social, racial, national , religious, class and clan strife, the cult of cruelty, violence and pornography, –

shall entail a fine for individuals in the amount of twenty, for officials - in the amount of twenty-five, for small businesses or non-profit organizations - in the amount of fifty, for medium-sized businesses - in the amount of one hundred, for large businesses - in the amount of two hundred monthly calculation indices , with confiscation of media products.

2. Distribution in the territory of the Republic of Kazakhstan of mass media products containing information and materials aimed at promoting or agitating a violent change in the constitutional system, violating the integrity of the Republic of Kazakhstan, undermining the security of the state, war, inciting social, racial, national, religious, class and clan strife, propaganda and justification of extremism or terrorism, as well as disclosing technical methods and tactics of anti-terrorist operations during their conduct, if these actions do not contain signs of criminally punishable act, –

shall entail a fine for individuals in the amount of twenty, for officials - in the amount of twenty-five, for small businesses or non-profit organizations - in the amount of fifty, for medium-sized businesses - in the amount of one hundred, for large businesses - in the amount of two hundred monthly calculation indices , with confiscation of media products.

3. Actions provided by parts one and two of this Article committed repeatedly second time within a year after imposition of the administrative sanction, shall –

shall entail 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 businesses - in the amount of one thousand five hundred monthly calculated indicators, with confiscation of mass media products, deprivation of the license to organize television programs and (or) radio broadcasting and prohibition of the activity of a legal entity.

4. Manufacturing, storage, importation, transportation, distribution in the territory of the Republic of Kazakhstan of other products unrelated to mass media, containing information and materials aimed at propaganda or agitation of violent change of the constitutional system, violation of the integrity of the Republic of Kazakhstan, undermining the security of the state, war, incitement of social, racial, national, religious, class and clan strife, the cult of cruelty, violence and pornography, if these actions do not contain signs of a criminal offense, –

entail a fine on individuals in amount of one hundred, on civil servants – in amount of one hundred fifty, 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 one thousand five hundred monthly calculation indices, with the confiscation of the media products.

5. Actions provided by parts three and four of this Article committed repeatedly second time within a year after imposition of the administrative sanction, shall –

entail a fine on individuals in amount of two hundred, on civil servants – in amount of three hundred, on subjects of small entrepreneurship or non-profit organizations – 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 the deprivation of the licence for the activity on organizing the television and (or) radio broadcasting and prohibition of the activity of a legal entity.

Footnote. Article 453 as amended by the Law of the Republic of Kazakhstan dated 19.06.2024 № 95-VIII (effective sixty calendar days after the date of its first official publication).

Article 454. Violation of the procedure for representing free samples of periodical printed publications, fixation, storage of the materials of television and radio programs

1. Non-representation of compulsory free samples of periodical printed publications, as well as fixation and storage of the materials of television and radio programs, shall –

subjest to prevention.

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

subject to fine a rate of twenty monthly settlement indicators.

Footnote. Article 454 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 128-VI (shall be enforced after ten calendar days of its first official publication).

Article 455. Breach of the legislation of the Republic of Kazakhstan on advertising

1. Production, dissemination, placement and use of advertising of the goods (works and services) prohibited to advertising by the Laws of the Republic of Kazakhstan, –

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

2. Violation of the legislation of the Republic of Kazakhstan on advertising, committed in the form of:

1) unethical and hidden advertising, with the exception of cases provided by Article 163 of this Code;

2) unethical and hidden advertising;

3) advertisements in the days of national mourning on television and radio channels;

4) advertising in the form of various events, including prize draws, lotteries aimed at stimulating demand and interest in alcoholic products, tobacco and tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, systems for heating tobacco, electronic consumption systems and liquids for them, shall;

5) interruptions by advertising, including by running line, broadcasting official messages, speeches of presidential candidate of the Republic of Kazakhstan and deputies of representative agencies, educational and religious television programs, as well as demonstrations of children's television programs, with the exception of advertising for children and teenagers;

6) interruption by advertising of film projection in motion picture and video services, with the exception of series breaks;

7) placement of outdoor (visual) advertising on historical and cultural monuments and in their protection zones, on religious buildings (structures) and on the territory allotted to them and their fences, as well as on specially protected natural territories;

8) advertising of a residential building (residential building) under construction or commissioned that shall not comply with the classification of residential buildings (residential buildings) in the approved project documentation;

9) advertisements of religious associations and spiritual (religious) educational organizations not registered in accordance with the legislation of the Republic of Kazakhstan, –

entail a fine on individuals in the amount of thirty пяти, on officials – in the amount of seventy, on the 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 four hundred monthly calculation indices.

3. Violation of the requirements established by the Laws of the Republic of Kazakhstan to the of dissemination of advertising, –

shall entail a fine on individuals in amount of twenty, on officials – 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 fifty, on subjects of large entrepreneurship – in amount of four hundred monthly calculation indices.

4. The action envisaged by part three of this Article, committed with the use of mass media,-

entail a fine on individuals in the amount of one hundred, on officials – in the amount of one hundred двадцати, on the subjects of small entrepreneurship or non-profit organizations – in the amount of one hundred seventy, 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.

5. Actions provided by parts one, two, three and four of this Article committed repeatedly second time within a year after imposition of administrative sanction, –

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

Footnote. Article 455 is in the wording of the Law of the Republic of Kazakhstan № 215-VІ dated 08.01.2019 (shall be enforced upon expiry of three months after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 19.06.2024 № 95-VIII (effective sixty calendar days after the date of its first official publication).

Article 456. Violation of the procedure for announcing output information

1. Issue of the periodic printing edition, distribution of messages and materials of news agency or online media without the established output data, broadcast TV, radio channels without announcement of the name, and it is equal with not clear or obviously false output data -

subjest to prevention.

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

subject to fine a rate of twenty monthly settlement indicators.

Footnote. Article 456 with the changes made by the Laws of the Repub;ic of Kazakhstan from 24.11.2015 № 419-V (shall be enforced from 01.01.2016); from 28.12.2017 № 128-VI (shall be enforced after ten calendar days of its first official publication).

Article 456-1. Illegal restriction of the right for access to information

1. Illegal refusal in providing information or granting obviously false information in cases when such information is subject to granting at the request of the user of information according to the legislation of the Republic of Kazakhstan, except for actions, responsibility for which is provided by other articles of the present Code, –

subject to fine s officials, small business entities, non-profit organizations – at a rate of thirty, on subjects of average business – at a rate of fifty, on subjects of large business – at a rate of hundred monthly settlement indicators.

2. Excluded by the Law of the Republic of Kazakhstan dated 10.07.2023 № 20-VIII (effective sixty calendar days after the date of its first official publication).

3. Illegal reference of information which isn't information with limited access to information with limited access, except for the actions provided by a part of the third article 504 of the present Code –

subject to fine subject to fine to officials at a rate of twenty monthly settlement indicators.

4. The acts provided for in part one of this Article, committed repeatedly within a year after the imposition of an administrative penalty, –

subject to fine officials, small business entities or non-profit organizations – at a rate of fifty, on subjects of average business – at a rate of hundred, on subjects of large business – at a rate of two hundred monthly settlement indicators.

Footnote. Chapter 26 is supplemented with article 456-1 according to the Law of the Republic of Kazakhstan from 16.11.2015 № 404-V (shall be enforced after ten days of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 10.07.2023 № 20–VIII (effective sixty calendar days after the date of its first official publication).

Article 456-2. Posting, dissemination of false information

1. Posting, distribution of false information in mass media, on the Internet resource of the information holder, on the Internet portal of open data or by other means envisaged by the legislation of the Republic of Kazakhstan, -

entails a fine for officials, small business entities, non-profit organizations – in the amount of thirty, for medium–sized businesses – in the amount of fifty, for large business entities – in the amount of one hundred monthly calculation indices.

2. The actions provided for in part one of this article, committed repeatedly within a year after the imposition of an administrative penalty,

entail a fine for officials, small business entities, non–profit organizations – in the amount of fifty, for medium–sized businesses – in the amount of one hundred, for large businesses - in the amount of two hundred monthly calculation indices.

3. Posting and dissemination of false information by users of online platforms that creates conditions for violating public order, the rights and legitimate interests of citizens or organizations, or the legally protected interests of society or the state, if these actions do not contain signs of a criminally punishable act, –

entail a fine for individuals – in the amount of twenty, for small businesses, 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.

4. The actions provided for in part three of this Article committed repeatedly within a year after the imposition of an administrative penalty, –

entail a fine for individuals – in the amount of forty monthly calculation indices or an administrative arrest for up to ten days, for small businesses, non–profit organizations – in the amount of fifty, for medium–sized businesses - in the amount of one hundred, for large businesses - in the amount of two hundred monthly calculation indices.

5. Actions provided for in part three of this Article committed by influencers (bloggers), –

entail a fine for individuals – in the amount of thirty, for small businesses, non–profit organizations – in the amount of forty, for medium–sized businesses - in the amount of eighty, for large businesses - in the amount of one hundred monthly calculation indices.

6. The actions provided for in part five of this Article committed repeatedly within a year after the imposition of an administrative penalty, –

entail a fine for individuals – in the amount of fifty monthly calculation indices or an administrative arrest for up to fifteen days, for small businesses, non–profit organizations – in the amount of sixty, for medium–sized businesses - in the amount of one hundred and twenty, for large businesses - in the amount of two hundred and fifty monthly calculation indices.

Note: For the purposes of part five of this article, an influencer (blogger) is a user of an online platform who publishes information on online platforms addressed to an indefinite group of persons for the purposes of entrepreneurial activity.

Footnote. Chapter 26 is supplemented by Article 456-2 in accordance with the Law of the Republic of Kazakhstan dated 10.07.2023 № 20-VIII (effective sixty calendar days after the date of its first official publication); dated 19.06.2024 № 95-VIII (effective sixty calendar days after the date of its first official publication).

Chapter 27. ADMINISTRATIVE INFRACTIONS ENCROACHING ON
ESTABLISHED CONTROL PROCEDURE Article 457. Breach of the legislation of the Republic of Kazakhstan on the issues of the state registration of regulatory legal acts

1. Non-representation of a regulatory legal act by a civil servant for the state registration, subjected to such registration in the manner and in terms established by the legislation of the Republic of Kazakhstan, shall –

entail a fine in amount of ten monthly calculation indices.

2. Application of a regulatory legal act by a civil servant that ceased to be in force in established manner, recognized by the court as invalid, officially unpublished in the established manner, not entered into force, or the validation of which is suspended by the authorized body, as well as that did not pass the state registration in the bodies of justice, shall –

entail a fine in amount of twenty monthly calculation indices.

3. Actions provided by parts one or two of this Article committed repeatedly second time within a year after imposition of the administrative sanction, shall –

entail a fine in amount of thirty monthly calculation indices.

Article 458. Violation of the procedure for use the National Flag of the Republic of Kazakhstan, National Emblem of the Republic of Kazakhstan, as well as use and performance of the National Anthem of the Republic of Kazakhstan

1. Illegal use the National Flag of the Republic of Kazakhstan, National Emblem of the Republic of Kazakhstan and their images, as well as use and performance of the National Anthem of the Republic of Kazakhstan with the violation of requirements of the legislation of the Republic of Kazakhstan, shall –

subject to fine a rate of fifty monthly settlement indicators.

2. Non-use of the state symbols in the cases when their use is compulsory, shall –

subject to fine officials at a rate of fifty monthly settlement indicators.

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

subject to fine a rate of hundred monthly settlement indicators.

Footnote. Article 458 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten days of its first official publication).

Article 459. Violation of the procedure for the following official publication of the texts of regulatory legal acts

Footnote. Article 459 is excluded 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 460. Violation of a term of documents for the state registration of the rights for real estate

Footnote. Article 460 was excluded by the Law of the Republic of Kazakhstan dated 26.01.2021 № 412-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 460-1. Violation of an order of submission of data on receiving money and (or) other property from the foreign states, the international and foreign organizations, foreigners, persons without citizenship or their expenditure

1. Non-notification in terms and the cases provided by the tax law of the Republic of Kazakhstan, bodies of state revenues about receiving money and (or) other property of the foreign states, the international and foreign organizations, foreigners, persons without citizenship and also non-presentation or untimely submission of data on their receiving and expenditure –

subject to fine natural persons at a rate of fifty, on small business entities or non-profit organizations – at a rate of hundred, on subjects of average business – at a rate of two hundred, on subjects of large business – at a rate of three hundred fifty monthly settlement indicators.

2. Submission of the doubtful or obviously false data specified in part one of the present article –

subject to fine natural persons at a rate of hundred, on small business entities or non-profit organizations – at a rate of two hundred, on subjects of average business – at a rate of four hundred, on subjects of large business – at a rate of seven hundred monthly settlement indicators with suspension of operations.

3. The actions (inaction) provided by parts of the first and second present article, made repeatedly within a year after imposing of an administrative penalty –

subject to fine natural persons at a rate of hundred fifty, on small business entities or non-profit organizations – at a rate of two hundred fifty, on subjects of average business – at a rate of four hundred fifty, on subjects of large business – of one thousand monthly settlement indicators with activity prohibition.

Footnote. The code is supplemented with article 460-1 according to the Law of the Republic of Kazakhstan from 26.07.2016 № 12-VІ (shall be enforced after two months of its first official publication).

Article 460-2. Violation of an order of the publication, distribution and (or) placement of materials by the persons receiving money and (or) other property from the foreign states, the international and foreign organizations, foreigners, persons without citizenship

1. The publication, distribution or placement of materials on the basis of the signed contracts on rendering the services, performance of work with the foreign states, the international and foreign organizations, foreigners and persons without citizenship which aren't containing the information about the persons who have made the order and from what means are paid the publication, distribution and (or) placement of this publication –

subject to prevention.

2. The actions (inaction) provided by part one of the present article, made repeatedly within a year after imposing of an administrative penalty, -

subject to fine a rate of twenty five monthly settlement indicators.

Footnote. The code is supplemented with article 460-2 according to the Law of the Republic of Kazakhstan from 26.07.2016 № 12-VІ (shall be enforced after two months of its first official publication).

Article 461. Violation of the protective order

1. Violation of the protective order issued by the internal affairs body –

entails administrative arrest for ten days.

1-1. 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 twenty days.

2. The action provided for in parts one and 1-1 of this article, committed by persons 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 thirty monthly calculation indices.

Footnote. Article 461 as amended by the Law of the Republic of Kazakhstan dated 20.04.2023 № 227-VII (shall be enforced from 01.07.2023); as amended by the laws of the Republic of Kazakhstan dated 15.04.2024 № 73-VIII (shall be enforced sixty calendar days after the day of its first official publication).

Article 462. Impeding to civil servants of the state inspections and bodies of state control and supervision in performing their official duties, failure to perform the regulations, prescriptions and other requirements

1. Impeding to civil servants of the state inspections and bodies of state control and supervision in performing their official duties in accordance with their competence being expressed in a refusal to represent necessary documents, materials, statistical (with the exception of the primary statistics) and other details, information on the activity, on incomes, on equipping by instruments for metering the energy resources, volume of consumption and losses of energy resources, water, on calculation and payment of insurance contributions, on use of nuclear energy, in a refusal of access for conducting the revisions, inspection, inventory, examination under the regulation of the authorized body and other actions provided by the legislation, or in creation of another obstacle in their carrying out, or provision of inaccurate information, shall –

entail a fine on individuals in amount of three, 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 two hundred monthly calculation indices.

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

entail a fine on individuals in amount of seven, on civil servants, 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.

3. Non-performance or inadequate implementation of legal requirements or instructions, representations, the resolutions issued by bodies of the state control and supervision (officials), officials of public authorities within their competence except for the cases provided by articles 162 and 227 of the present Code –

subject to fine natural persons at a rate of five, on officials – at a rate of fifteen, on small business entities or non-profit organizations – at a rate of hundred, on subjects of average business – at a rate of two hundred, on subjects of large business – at a rate of five hundred monthly settlement indicators, with suspension of action of permission either without that or with suspension of operations or separate kinds of activity or without that.

4. Non-representation or untimely presentation of the information by inspected subjects on measures that will be taken to eliminate the violations detected by the bodies of control and supervision, shall –

entail a fine in amount of twenty monthly calculation indices.

5. Break of stamp (seal) imposed by a civil servant of the authorized body, with the exception of the cases provided by a part two of Article 625, part one of Article 626 of this Code, shall –

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 fifty monthly calculation indices.

Notes.

1. The natural person, except for subjects of financial monitoring, isn't subject to administrative prosecution according to parts of the first and second present article for refusal of providing necessary documents, materials statistical (except for primary statistical data) and other data, information on equipment metering devices of energy resources, waters.

2. The legal entity, except for subjects of financial monitoring, the state enterprises, the limited liability companies, joint-stock companies, including national managing directors of holdings, national holdings, the national companies, the participant or the shareholder of which is the state and also the affiliated, dependent and other legal entities which are affiliirovanny with them isn't subject to administrative prosecution according to parts of the first and second present article for refusal of providing necessary documents, materials statistical (except for primary statistical data) and other data, information on equipment metering devices of energy resources, waters, volumes of consumption and losses of energy resources, waters in case such person consumes energy resources in volume, equivalent less than one thousand five hundred tons of conditional fuel a year.

Footnote. Article 462 with the changes made by laws of the Republic of Kazakhstan from 02.08.2015 № 343-V (shall be enforced after six months after the day of its first official publication); from 03.07.2017 № 84-VI (shall be enforced after ten calendar days of its first official publication); from 28.12.2017 № 127 – VI (shall be enforced after ten calendar days of its first publication).

Article 463. Engagement in entrepreneurial or another activity, as well as carrying out of the actions (operations) without the relevant registration, permission or filing of notification

1. Engagement in entrepreneurial or another activity, as well as carrying out of the actions (operations) without the relevant registration, permission, and equally non-filing of a notification in the cases when the registration, permission, filing of the notification are compulsory, if these actions do not contain the signs of a criminally punishable act, shall –

Subject to fine natural persons at a rate of fifteen, on officials, small business entities or non-profit organizations – at a rate of twenty five, on subjects of average business – at a rate of forty, on subjects of large business – at a rate of hundred fifty monthly settlement indicators, with confiscation of objects and (or) tools of commission of administrative offenses or without that, and occupation in addition attracts with business or other activity without license confiscation of income (dividends), money, the securities received owing to administrative offense.

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

subject to fine natural persons at a rate of thirty, on officials, small business entities or non-profit organizations – at a rate of fifty, on subjects of average business – at a rate of eighty, on subjects of large business – at a rate of five hundred monthly settlement indicators, with confiscation of objects and (or) tools of commission of administrative offense, and occupation in addition attracts with business or other activity without license confiscation of income (dividends), money, the securities received owing to administrative offense.

Note. Responsibility under this Article shall not apply to the notification on made currency operations and accounting registration of currency contracts carried out in accordance with the Law of the Republic of Kazakhstan “On currency regulation and currency control” as well as the notifications carried out in accordance with the Law of the Republic of Kazakhstan “On natural monopolies".

Footnote. Article 463 with changes, brought by laws of the Republic of Kazakhstan from 28.12.2016 № 34-VI (shall be enforced from 01.01.2017); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days of its first official publication); № 168-VІ dated 02.07.2018 (shall be enforced from 01.07.2019).

Article 464. Violation of the rules for licensing

1. Violation of the rules for licensing established by the legislation of the Republic of Kazakhstan, including non-conformance to the qualification requirements submitted to the licensable types of activity, shall –

subject to fine natural persons at a rate of fifteen, on officials, small business entities or non-profit organizations – at a rate of forty five, on subjects of average business – at a rate of eighty, on subjects of large business – at a rate of hundred fifty monthly settlement indicators, with suspension of action of the license or without that.

2. Representation of knowingly inaccurate information by a licensee upon obtainment of the license, and equally the actions (omission) provided by a part one of this Article committed repeatedly second time within a year after imposition of the administrative sanction, as well as failure to eliminate the violations of the rules for licensing that entailed bringing to the administrative liability, upon expiry of the term for suspension of the license validity, shall –

entail a fine on individuals in amount of fourty, on subjects of small entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of three hundred and fifty monthly calculation indices, with or without revocation of the license.

Footnote. Article 464 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days of its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 465. Violation of the procedure and terms for issuance of permission

1. Violation of the terms for issuance of permission, shall –

subject to fine officials at a rate of twenty monthly settlement indicators.

2. Issuance of permission with the violation of the procedure established by the legislation of the Republic of Kazakhstan on permissions and notifications, and equally unreasonable refusal in issuing the permission, shall –

subject to fine officials at a rate of thirty monthly settlement indicators.

3. Actions provided by parts one and two of this Article committed repeatedly second time within a year after imposition of the administrative sanction, shall –

subject to fine officials at a rate of fifty monthly settlement indicators.

Footnote. Article 465 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days of its first official publication).

Article 465-1. Violation of requirements established by the legislation of the Republic of Kazakhstan on self-regulation by a self-regulating organization

1. Violation of requrements established by the legislation of the Republic of Kazakhstan on self-regulation by a self-regulating organization committed in kind of:

1) mixing the funds of the compensation fund with other funds of the self- regulating organization;

2) the absence of a body for the consideration of consumer disputes arising between members (participants) of a self-regulating organization, consumers and other persons in the field of consumer protection, 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 one hundred monthly calculation indices.

Footnote. Chapter 27 was supplemented with Article 465-1 in accordance with the Law of the Republic of Kazakhstan dated 25.06.2020 № 346-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 466. Breach of the legislation of the Republic of Kazakhstan on state registration of legal entities and record registration of branches and representatives

1. Carrying out of the activity without reregistration of a legal entity, its branches and representatives in the cases provided by the legislation, shall –

subject to prevention or fine officials, small business entities or non-profit organizations at a rate of ten, on subjects of average business – at a rate of twenty, on subjects of large business – at a rate of forty monthly settlement indicators.

2. Untimely notification of a registering body on change of location of a legal entity, shall –

subject to prevention or fine officials, small business entities or non-profit organizations at a rate of five, on subjects of average business – at a rate of ten, on subjects of large business – at a rate of thirty monthly settlement indicators.

Footnote. Article 466 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days of its first official publication).

Article 467. Non-return of a license and (or) license addendum to a licenser

Footnote. Article 467 is excluded by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days of its first official publication).

Article 468. breach of the legislation of the Republic of Kazakhstan on the national registers of identification numbers

1. Divulgence of the details contained in the national registers of identification numbers that are not subjected to divulgence, and equally non-fulfillment or improper fulfillment of the obligations established by the legislation of the Republic of Kazakhstan on the national registers of identification numbers, committed:

by the authorized body in the form of:

1) non-formation of the identification number within one business date from the date of reference of the registering bodies;

2) non-representation of information to the registering state bodies and other state institutions no later than two business days from the date of their references;

by the registering body in the form of:

1) untimely representation of details to the authorized body for formation of the identification number within one business day from the date of receipt of such details;

2) non-representation of details to the authorized body for replenishment and maintenance of the actual data status of informational systems of the national registers of identification numbers within one business day from the date of receipt of such details;

3) non-representation of details to the authorized body for exclusion or conditional exclusion of the identification numbers from the national registers of identification numbers within one business day from the date of receipt of such details;

by the state bodies and other state institutions in the form of:

1) non-representation of details established by the Government of the Republic of Kazakhstan to the authorized body for replenishment and maintenance of the actual data status of informational systems of the national registers of identification numbers within one business day from the date of receipt of such details;

2) non-representation of details to the authorized body for exclusion or conditional exclusion of the identification numbers from the national registers of identification numbers within one business day from the date of receipt of such details;

3) non-considering the identification number upon issuance of the documents of registration, permission and other nature in accordance with the legislation of the Republic of Kazakhstan;

by banks and organizations carrying out separate types of banking operations in the form of

1) non-considering the identification number, as well as failure to control the correctness of stating in accordance with an algorithm of formation of an identification number established by the legislation of the Republic of Kazakhstan, shall –

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

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

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

Article 469. Violation of the requirements submitted to the activity on assembling, checking and technical maintenance of the means of security alarm

1. Violation of the requirements by individuals or legal entities submitted to the activity on assembling, checking and technical maintenance of the means of security alarm by the Law of the Republic of Kazakhstan “On security activity”, shall –

entail a fine on individuals in amount of ten, 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.

2. Action provided by a part one of this Article committed repeatedly second time within a year after imposition of the administrative sanction, and equally non-elimination of the violation provided by a part one of this Article that entailed bringing to the administrative liability, shall –

entail a fine on individuals in amount of forty, on subjects of small entrepreneurship – in amount of ninety nine, on subjects of medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount of three hundred fifty monthly calculation indices with the prohibition of activity.

Article 470. Breach of the legislation of the Republic of Kazakhstan in the field of security activity

1. Breach of the legislation of the Republic of Kazakhstan in the field of security activity committed in the form of:

1) non-performance and (or) improper performance of the requirements on ensuring the engineering and technical strengthening of the objects subjected to the state protection approved by the Government of the Republic of Kazakhstan;

2) provision of a right to foreign legal entities, legal entities with foreign participation, foreign persons, as well as stateless persons to carry out all the types of security activity; to establish or be a founder (founders) of the private protective organizations; to have a private protective organization in a trust management;

3) accept the persons that do not conform to the requirements of paragraph 6 of Article 6 of the Law of the Republic of Kazakhstan “On security activity” on position of a guard of a private protective organization;

4) failure to perform the requirements on providing a standard type document to the guard upon fulfilling own employment duties that certifies his (her) identity and belonging to the private protective organization, and special uniform;

5) non-compliance with the restrictions provided by Article 17-1 of the Law of the Republic of Kazakhstan “On security activity”;

6) carrying out of the activity on training and raising of qualification of the workers holding positions of a head and guard in the private protective organization with the violation of requirements established by the legislation of the Republic of Kazakhstan, shall –

subject to fine officials, small business entities at a rate of forty, on subjects of average business – at a rate of eighty, on subjects of large business – at a rate of hundred monthly settlement indicators.

1-1. The shelter, and is equal not informing law-enforcement bodies by the workers holding the security guard's position in the private security organization on the facts which have become known for him of the preparing or committed crimes if these actions don't contain signs of penal act, or about operation of the security alarm system from the protected objects in the territory of which are available weapon, ammunition and explosives, –

subject to fine natural persons at a rate of five monthly settlement indicators.

2. The actions (inaction) provided by parts of the first and 1-1 present article, made repeatedly within a year after imposing of an administrative penalty, and not elimination of the violation provided by part one of the present article, which has entailed administrative prosecution is equal –

subject to fine natural persons at a rate of ten, on officials, small business entities – at a rate of eighty, on subjects of average business – at a rate of hundred thirty, on subjects of large business – at a rate of hundred fifty monthly settlement indicators, with prohibition of activity or without that.

Footnote. Article 470 with the changes made by laws of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days of its first official publication).

Article 471. Non-fulfillment of the obligations by the local executive bodies other authorized bodies and authorized persons established by the tax legislation of the Republic of Kazakhstan

Footnote. The heading of Article 471 as amended by the Law of the Republic of Kazakhstan dated 18.11.2015 № 412-V (shall be enforced from 01.01.2021).

1. Non-transfer, untimely or incomplete transfer of the sums of taxes and other compulsory payments into the budget subjected to transfer into the budget by the local executive bodies or authorized state bodies in accordance with the tax legislation of the Republic of Kazakhstan and bodies mentioned in this part, shall –

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

2. Non-submission, untimely, inaccurate or incomplete submission of the details determined by the tax legislation of the Republic of Kazakhstan for representation to the state revenues bodies by the local executive bodies and other authorized state bodies, shall –

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

3. Failure to perform the requirements by the authorized state and local executive bodies on elimination of the violations detected in results of the tax control and mentioned in the act of control, shall –

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

4. Actions (omission) provided by parts one, two of this Article committed repeatedly second time within a year after imposition of the administrative sanction, shall –

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

Note. The concept and terms of the tax legislation of the Republic of Kazakhstan used in this Article shall apply only in the sense in which they are used in the tax legislation of the Republic of Kazakhstan.

Footnote. Article 471 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); dated 18.11.2015 № 412-V (shall be enforced from 01.01.2021).

Article 472. Violation of the rules for accounting and the following use of property received in ownership of the state on separate grounds, in cases provided by the legislative acts

1. Incomplete and (or) untimely transfer of property to the authorized body received in ownership of the state on separate grounds, if these acts do not have the signs of a criminally punishable act, specifically:

1) confiscated on the ground of court acts to the state budget;

2) material evidences on the ground of court acts turned into the state budget;

3) treasures containing the things related to the monuments of history and culture;

4) the gifts which have arrived to the persons holding a responsible state position, to the persons authorized for performance of the state functions, to the persons equated to them (except for candidates for president of the Republic of Kazakhstan, deputies of Parliament of the Republic of Kazakhstan or maslikhat, akims of the cities of regional value, settlements, villages, rural districts and also in members of electoral local governments), to officials and also persons who are the candidates authorized for performance of the specified functions which are subject to gratuitous delivery in special public foundation;

5) transferred into republican ownership in the other cases provided by the legislative acts, including goods and transport vehicles registered in a customs regime of refusal in behalf of the state;

6) recognized ownerless in established manner;

7) transferred to the state by the right of succession, as well as escheated succession;

8) findings;

9) neglected animals, shall –

entail a fine on individuals in amount of eight, on civil servants – in amount of fifteen, on legal entities – in amount of forty five monthly calculation indices.

2. Non-compliance with the procedure for accounting, storage, assessment and sale of the property received in ownership of the state on separate grounds committed in the form of:

1) non-ensuring of storage of the documents certifying occurrence of the right of ownership of the state;

2) choice of an organizer of auction not by the state procurement of the services on organization and conduct of the auctions;

3) failure to destroy the property that is not sold at the minimal price;

4) untimely transfer of the sums from selling such property to the state budget, shall –

entail a fine on civil servants in amount of fifteen, on legal entities – in amount of forty five monthly calculation indices.

Footnote. Article 472 with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days of its first official publication).

Article 473. Disclosure of information constituting tax secret

Disclosure of information constituting tax secret, without professional or service necessity by persons who have become aware of such information in the manner established by the tax legislation of the Republic of Kazakhstan, if this action shall not contain the elements of criminally punishable act, –

shall entail a fine in amount of forty monthly calculation indices.

Footnote. Article 473 as amended by the Law of the Republic of Kazakhstan № 122-VI dated 25.12.2017 (shall be enforced from 01.01.2019).

Article 474. Carrying out of particular actions by the bodies (organizations) being authorized by the state without recovery of taxes and other compulsory payments to the budget, and equally without receipt of the documents confirming such payment

1. Carrying out of legally significant actions provided by the legislation of the Republic of Kazakhstan by bodies (organizations) being authorized by the state without recovery of taxes and other compulsory payments to the budget, shall –

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

2. Carrying out of legally significant actions provided by the legislation of the Republic of Kazakhstan by the bodies (organizations) authorized by the state, without receipt of the document confirming payment of taxes and other compulsory payments to the budget in the cases when the receipt of confirming document is provided by the legislative acts, shall –

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

3. Actions provided by parts one and two and this Article committed repeatedly second time within a year after imposition of the administrative sanction, shall –

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

Article 475. Refusal in tax registering or violation of the terms for tax registration

1. Refusal in tax registering of a tax payer or registration of the tax payer as a payer of value added tax, and equally violation of the terms for such registration (recording) by a civil servant of the state revenues bodies established by the tax legislation, shall –

entail a fine in amount of twenty monthly calculation indices.

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

entail a fine in amount of forty monthly calculation indices.

Article 476. Violation of the emergency situation

1. Violation of the regime or failure to perform the requirements established by the state body due to announcement of emergency situation, as well as non-execution of legal orders and regulations of a governor of a region, if these actions (omissions to act) do not contain the signs of a criminally punishable act, insofar as:

1) special regime of entry and departure;

2) prohibition to leave particular place, own flat (house) for particular individuals for established term;

3) prohibition or restriction on organizing and holding peaceful assemblies, as well as entertaining, sport and other mass events;

4) prohibition of strikes;

5) restriction or prohibition of trade in arms, virulent chemical and poisonous substances, as well as alcohol drinks and alcohol-containing substances;

6) quarantine and conduct of other compulsory sanitary- epidemiological measures;

7) restriction or prohibition of using multiplying technology, as well as radio and television transmitting equipment, audio and video recording technology; prescriptions on withdrawal of audio amplifier technical means; measures to ensure control of the mass media;

8) special rules for using communications;

9) traffic limitation of the transport vehicles and conduct of their search;

10) prohibition to stay on the streets or in other public places for individuals during the curfew restrictions without specially issued passes and documents certifying their identity or to stay outside own dwelling place without the documents certifying identity, shall –

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

2. Actions (omissions to act), 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 monthly calculation indices or an administrative arrest for the period of up to thirty days.

Footnote. Article 476 as amended by the laws of the Republic of Kazakhstan dated 25.05.2020 № 334-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 03.07.2020 № 359-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 477. Violation of the legal regime in a zone of conducting anti-terrorist operation

Violation of the legal regime or failure to perform the requirements established due to announcement of the anti-terrorist operation, insofar as:

1) special regime of entry and departure;

2) prohibition to stay on the separate fields of location and objects for individuals, as well as obstruction of towing transport vehicles;

2-1) presence of mass media representatives in the anti-terrorist operation area and their recording, photo and video shooting without the authorization of the head of the operational headquarters;

3) obstruction of inspecting the documents certifying identity of the individuals, conduct of personal inspection and search of the things being in possession of the individual, search of transport vehicles;

4) special rules for using communications;

5) obstruction of taking the transport vehicles for delivery of the persons being in need of emergency medical care to the medical institutions, transit to the place of commission of the act of terrorism, as well as for pursuing and detention of the persons being suspected in commission of the act of terrorism, if delay may create a real threat to life or health of the people;

6) suspension of the activity of hazardous production objects;

7) obstruction of temporary resettlement of individuals residing within the limits of the territory on which the legal regime of anti-terrorist operation is imposed;

8) introduction of quarantine, conduct of sanitary epidemiological, veterinary measures and measures on plant quarantine;

9) obstruction of entry to residential and other premises being in the ownership or in possession and in use of individuals and legal entities, and to the land fields belonging to them on the basis of the right of private ownership or land use;

10) restriction or prohibition of trade in arms, ammunition, explosive substances, virulent chemical and poisonous substances, establishment of the special regime of turnover of medical products, narcotic drugs, psychotropic substances and precursors, ethyl alcohol and alcohol products, shall –

entail a fine on individuals in amount of twenty monthly calculation indices or the administrative arrest for the term up to fifteen days, on subjects of small entrepreneurship or non-profit organizations – in amount of eighty five, 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, with the suspension of the activity of hazardous production objects.

Footnote. Article 477 with the changes made by the Law of the Republic of Kazakhstan from 02.08.2015 № 343-V (shall be enforced after ten calendar days of its first official publication); dated 19.06.2024 № 95-VIII (effective sixty calendar days after the date of its first official publication).

Article 478. Actions provoking the violation of legal order in emergency conditions

1. Actions provoking the violation of legal order or spreading the national and religious dissension, active obstruction of the exercising own legal rights and obligations by individuals and officials, or the actions violating the public order and calm of the individuals, as well as violation of the legislation of the Republic of Kazakhstan on administrative supervision committed at the place where the emergency situation is imposed, shall –

entail a fine in amount of forty monthly calculation indices or administrative arrest for the term up to thirty days.

2. Actions provided for by part one of this Article, committed repeatedly within one year after imposition of an administrative sanction, –

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

Footnote. Article 478 as amended by the Law of the Republic of Kazakhstan dated 03.07.2020 № 359-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 479. Not message about the taken measures and (or) rejection of measures for elimination of the reasons and conditions promoting offense commission

Footnote. Article 479 heading in edition of the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days of its first official publication).

Not message the head of the organization and other persons about the taken measures, and is equal rejection of measures for elimination of the reasons and conditions promoting commission of crimes or administrative offenses on representations of bodies (officials) considering case –

entail a fine in amount of ten monthly calculation indices.

Footnote. Article 479 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days of its first official publication).

Article 480. Breach of the legislation of the Republic of Kazakhstan on administrative supervision

1. Failure to perform the rules of administrative supervision by a person released from the places of deprivation of freedom or restrictions imposed in respect of him (her) by the court, shall –

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

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

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

Article 481. Transfer of banned substances, products and subjects to the persons detained in the correctional system facilities, special institutions

1. Transfer or attempt to transfer of alcohol drinks, medical and other substances having dopey effect, money, food products, products and other subjects by any method to the persons detained in the correctional system facilities, special institutions prohibited for storage and use in these institutions, hidden from searching, shall –

entail a notification or fine in amount of ten monthly calculation indices, with the confiscation of a subject being a tool or subject of commission of the administration infraction.

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

entail a fine in amount of twenty monthly calculation indices or administrative arrest for the term up to thirty days, with the confiscation of a subject being a tool or subject of commission of the administrative infraction.

Article 482. Illegal acquisition, transfer, sale, keeping, bearing, carriage of weapons by individuals and legal entities

1. Illegal acquisition, transfer, sale, storage, carrying, transportation of smoothbore, gas weapons and cartridges not registered with the internal affairs bodies, electric, propellant, inert, signal, pneumatic weapons with muzzle energy over 7.5 Joules, caliber over 4.5 millimeters, the main (component) parts to it –

entail a fine for individuals in the amount of twenty, for small businesses or non–profit organizations – in the amount of twenty–five, for medium-sized businesses - in the amount of thirty, for large businesses - in the amount of forty monthly calculation indices, with confiscation of weapons, as well as the main (component) parts to it.

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

entail a fine for individuals in the amount of thirty, for small businesses or non–profit organizations – in the amount of thirty–five, for medium-sized businesses - in the amount of forty, for large businesses - in the amount of fifty monthly calculation indices, with the confiscation of weapons, as well as the main (component) parts to it.

Note. A person who voluntarily surrendered an illegally stored weapon, as well as the main (component) parts to it, is released from administrative responsibility if his actions do not contain the composition of another offense.

Footnote. Article 482 as amended by the Law of the Republic of Kazakhstan dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 483. Violation of the procedure for storage, accounting, use, carriage, trade, destruction, entry, inflow of non-military pyrotechnical substances and products with their applying

1. Violation of the procedure for storage, accounting, use, carriage, trade, destruction, entry, inflow of non-military pyrotechnical substances and products with their applying by the persons having the licenses for the right to activity in the scope of turnover of non-military pyrotechnical substances and products with their applying, shall –

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 fifteen, on subjects of large entrepreneurship – in amount of forty five monthly calculation indices, with the confiscation of non-military pyrotechnical substances and products with their applying.

2. Sale of non-military pyrotechnical products of the 4 hazard class outside the places of their storage and (or) to the persons that do not have the license for acquisition of non-military pyrotechnical products of the 4 hazard class, 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 seventy monthly calculation indices, with the confiscation of non-military pyrotechnical substances and products with their applying.

3. Actions provided by parts one and two of this Article committed repeatedly second time within a year after imposition of the administrative sanction, 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, with the confiscation of non-military pyrotechnical substances and products with their applying.

Article 484. Violation of the rules of circulation of civil and service weapons

1. Violation of the rules of circulation of civil and service weapons, if this act does not contain signs of a criminally punishable act, –

entails a fine for individuals in the amount of ten, for legal entities – in the amount of fifty monthly calculation indices, with or without suspension of the license and (or) permit.

2. The act 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 legal entities – in the amount of eighty monthly calculation indices, with or without deprivation of a license and (or) permit.

Note. For the purposes of this Code, the circulation of weapons means production, assembly, repair, alteration, sale (trade), transfer, donation, awarding, inheritance, acquisition, collecting, exhibiting, accounting, storage, carrying, transportation, use, seizure, destruction, import into the territory of the Republic of Kazakhstan, export from the territory of the Republic of Kazakhstan and transit through the territory of the Republic of Kazakhstan of weapons, including its main (component) parts and cartridges for it.

Footnote. Article 484 - as amended by the Law of the Republic of Kazakhstan dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 485. Illegal use of weapons

Footnote. The title of Article 485 is in the wording of the Law of the Republic of Kazakhstan dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

1. Illegal use of weapons, if this action does not contain signs of a criminally punishable act, –

subject to fine a rate of twenty monthly settlement indicators with suspension of action of permission to storage, storage and carrying weapon.

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

entails a fine in the amount of forty monthly calculation indices with confiscation of weapons and deprivation of permission to store, keep and carry weapons.

Note. Weapons confiscated in accordance with this Article and Article 482 of this Code, unsuitable for further use, as well as prohibited for circulation as civil and service weapons on the territory of the Republic of Kazakhstan, shall be destroyed in accordance with the procedure provided for in Article 795 of this Code.

Footnote. Article 485 with the changes made by the Law of the Republic of Kazakhstan from 22.12.2016 № 28-VІ (shall be enforced after ten calendar days after day of its first official publication); dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 485-1. Violation of an order of opening and functioning of shooting shooting galleries (shooting ranges) and stands

1. Violation of an order of opening and functioning of shooting shooting galleries (shooting ranges) and stands –

subject to fine a rate of twenty monthly settlement indicators with suspension of action of permission to the right of opening and functioning of shooting shooting galleries (shooting ranges) and stands.

2. The action provided by part one of the present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine a rate of forty monthly settlement indicators.

Footnote. The code is supplemented with article 485-1 according to the Law of the Republic of Kazakhstan from 22.12.2016 № 28-VІ (shall be enforced after ten calendar days after day of its first official publication).

Article 486. Violation of an order of registration (re-registration) of civil, office, award, collection weapon or his statement on account

Footnote. Article 486 heading in edition of the Law of the Republic of Kazakhstan from 22.12.2016 № 28-VІ (shall be enforced after ten calendar days after day of its first official publication).

1. The violation of an order of registration (re-registration) of civil, office, award, collection weapon or his statement on account which was expressed in violation of terms:

1) registration and (or) obtaining of a permission by individuals to storage, storage and carrying weapon;

2) excluded by the Law of the Republic of Kazakhstan dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication);

3) notices the owner of weapon of law-enforcement body about loss or plunder of the weapon belonging to him;

4) appeals of the natural person to law-enforcement bodies for statement of weapon on account at change of the residence;

5) registration in law-enforcement bodies the legal entity of office, civil, collection weapon after his acquisition;

6) re-registrations or delivery on commission realization of civil weapon in case of the death of its owner;

7) appeals of legal entity to law-enforcement bodies for registration (re-registration) of weapon at the termination of period of validity of permission to storage, storage and carrying weapon, and it is equal to transfer to his branches (representations) without coordination with law-enforcement bodies, –

subject to fine natural persons at a rate of fifteen, on small business entities or non-profit organizations – at a rate of twenty, on subjects of average business – at a rate of thirty, on subjects of large business – at a rate of forty monthly settlement indicators.

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

subject to fine natural persons at a rate of twenty, on small business entities or non-profit organizations – at a rate of thirty, on subjects of average business – at a rate of forty, on subjects of large business – at a rate of seventy monthly settlement indicators.

Footnote. Article 486 with the changes made by the Law of the Republic of Kazakhstan from 22.12.2016 № 28-VІ (shall be enforced after ten calendar days after day of its first official publication); dated 25.11.2019 № 272-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 487. Evading from delivery of non-military weapons, ammunition to them for selling

Evading from delivery of non-military weapons, ammunition to them for selling by the individuals, the permission of whom for keeping and bearing them is annulled, shall –

entail a fine in amount of five monthly calculation indices.

Article 488. Violation of the legislation of the Republic of Kazakhstan on the procedure of organizing and holding peaceful assemblies

1. Obstructing the organization or holding of peaceful assemblies, if this action does not have signs of a criminally punishable act, shall –

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

2. Violation of the requirements, established by the legislation of the Republic of Kazakhstan on the procedure of organizing and holding peaceful assemblies, by a participant of a peaceful assembly held in accordance with the legislation of the Republic of Kazakhstan on the procedure of organizing and holding peaceful assemblies, if this action does not have signs of a criminally punishable act, shall –

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

3. Violation of the requirements, established by the legislation of the Republic of Kazakhstan on the procedure of organizing and holding peaceful assemblies, by the organizer of a peaceful assembly held in accordance with the legislation of the Republic of Kazakhstan on the procedure of organizing and holding peaceful assemblies, if this action does not have signs of a criminally punishable act, shall –

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

4. Actions provided for by parts one, two and three of this Article, committed repeatedly within one year after imposition of an administrative sanction, shall –

entail a fine on individuals in the amount of fifty monthly calculation indices or an administrative arrest for the period of up to fifteen days, on legal entities – in the amount of seventy monthly calculation indices.

5. Provision of organizers and (or) participants of assemblies, meetings, demonstrations, marches, pickets or other public events, held in violation of the procedure, established by the legislation of the Republic of Kazakhstan on the procedure of organizing and holding peaceful assemblies, with premises or other property (means of communication, copying equipment, equipment, transport) or the creation of other conditions for their organization and holding, if this action does not have signs of a criminally punishable act, 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, on legal entities – in the amount of seventy monthly calculation indices.

6. Participation in assemblies, meetings, demonstrations, marches, pickets or other public events, held in violation of the procedure, established by the legislation of the Republic of Kazakhstan on the procedure of organizing and holding peaceful assemblies, if this action does not have signs of a criminally punishable act, shall –

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

7. Organizing and (or) holding assemblies, meetings, demonstrations, marches, pickets or other public events, held in violation of the procedure, established by the legislation of the Republic of Kazakhstan on the procedure of organizing and holding peaceful assemblies, if this action does not have signs of a criminally punishable act, shall –

entail a fine on individuals in the amount of fifty monthly calculation indices or an administrative arrest for the period of up to fifteen days, on legal entities – in the amount of one hundred monthly calculation indices.

8. Action provided for by part six of this Article, committed by foreigners, stateless persons, shall –

entail a warning or a fine in the amount of thirty monthly calculation indices or an administrative arrest for the period of up to fifteen days with administrative expulsion from the Republic of Kazakhstan.

9. Actions provided for part seven of this Article, committed by foreigners, stateless persons, foreign legal entities, shall –

entail a fine on individuals in the amount of fifty monthly calculation indices or an administrative arrest for the period of up to fifteen days with administrative expulsion from the Republic of Kazakhstan, on legal entities – in the amount of one hundred monthly calculation indices with or without termination of activities of the legal entity.

10. Action provided for by part five 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 forty monthly calculation indices or an administrative arrest for the period of up to fifteen days, on legal entities – in the amount of one hundred monthly calculation indices.

11. Action provided for by part six of this Article, committed repeatedly within a year after the imposition of an administrative sanction, shall –

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

12. Actions provided for by part seven of this Article, committed repeatedly within one year after imposition of an administrative sanction, shall –

entail a fine on individuals in the amount of seventy monthly calculation indices or an administrative arrest for the period of up to twenty-five days, on legal entities – in the amount of one hundred fifty monthly calculation indices.

Footnote. Article 488 as amended by the Law of the Republic of Kazakhstan dated 25.05.2020 № 334-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 488-1. Violation of an order of the organization of holding sporting and sports and mass, spectacular cultural events

1. Violation of an order of the organization of holding sporting and sports and mass, spectacular cultural events in the form of failure to provide or untimely providing to local executive bodies information provided by the legislation on culture and on physical culture and sport –

subject to fine natural persons at a rate of twenty monthly settlement indicators, on legal entities – at a rate of fifty monthly settlement indicators.

2. The actions (inaction) provided by part one of the present article, made repeatedly within a year after application of measures of an administrative penalty –

subject to fine natural persons at a rate of forty monthly settlement indicators, on legal entities – at a rate of hundred monthly settlement indicators.

Footnote. Chapter 27 is supplemented with article 488-1 according to the Law of the Republic of Kazakhstan from 22.01.2016 № 446-V (shall be enforced after ten calendar days after day of its first official publication).

Article 489. Breach of the legislation of the Republic of Kazakhstan on public associations, as well as management, participation in the activity of public, religious associations that are not registered in the manner established by the legislation of the Republic of Kazakhstan, financing of their activity

1. Commission of the actions by the heads, members of a public association or by the public association that are beyond the purposes and tasks determined by the charters of these public associations, shall –

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

2. Commission of the actions by the heads, members of a public association or by the public association breaching the legislation of the Republic of Kazakhstan, shall –

entail a notification or fine on legal entities in amount of one hundred monthly calculation indices with the suspension of the activity of a public association for the term from three to six months.

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

entail a fine on legal entities in amount of one hundred fifty monthly calculation indices with the suspension of the activity of a public association for the term from three to six months.

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

entail a fine on legal entities in amount of two hundred monthly calculation indices with the prohibition of the activity of a public association.

5. Financing of political parties by foreign legal entities and international organizations, legal entities with foreign participation, state bodies and organizations, charitable organizations, shall –

entail a fine on civil servants in amount of four hundred, on legal entities – in amount of two thousand monthly calculation indices, with the confiscation of illegal donations.

6. Acceptance of illegal donations by a political party, shall –

entail a fine in amount of four hundred monthly calculation indices with the confiscation of the illegal donations and prohibition of the activity of the political party.

7. Failure to publish annual accounts on financial activity of a political party within the terms and volume established by the legislation of the Republic of Kazakhstan, shall –

entail a fine in amount of two hundred monthly calculation indices with the suspension of the activity of the political party for the term up to six months.

8. Carrying out of the activity of a political party, its structural subdivisions (branches and representatives) without reregistration in the cases provided by the legislation of the Republic of Kazakhstan, shall –

entail a fine in amount of two hundred monthly calculation indices with the prohibition of the activity of the political party.

9. Management of the activity of public, religious associations not registered in the manner established by the legislation of the Republic of Kazakhstan, and equally the activity of which is suspended or prohibited, shall –

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

10. Participation in the activity of public, religious associations not registered in the manner established by the legislation of the Republic of Kazakhstan, and equally the activity of which is suspended or prohibited, shall –

entail a fine in amount of fifty monthly calculation indices.

11. Financing of the activity of public, religious associations unregistered in the manner established by the legislation of the Republic of Kazakhstan, and equally the activity of which is suspended or prohibited, shall –

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

Footnote. Article 489 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 489-1. Violation of the law of the Republic of Kazakhstan about non-profit organizations

1. Non-presentation, untimely presentation, as well as presentation of unreliable or knowingly false information to authorized agency with non-governmental organizations cooperation on own activities, including its founders (participants), the composition of the property, the sources of formation and money spending by non-profit organizations created in the form of a private institution, public, corporate and private Funds, an association of legal entities in the form of association (union), a public association, a non-profit Joint Stock Company (with the exception of political parties, religious associations and professional unions, non-profit Joint Stock Companies, founder or which shareholder shall be the state, subsidiaries, affiliates and other legal entities that shall be affiliated with them in accordance with the legislative acts Republic of Kazakhstan), as well as branches and representative offices (separate subdivisions) of international and foreign non-profit organizations carrying out activities in the territory of the Republic of Kazakhstan, -

subject to prevention.

2. The actions (inaction) provided by part one of the present article, made repeatedly within a year after imposing of an administrative penalty –

subject to fine a rate of twenty five monthly settlement indicators or suspension of operations for a period of three months.

Footnote. Chapter 27 is supplemented with article 489-1 according to the Law of the Republic of Kazakhstan from 02.12. 2015 № 429-V (shall be enforced after ten calendar days after day of its first official publication); as amended by the Law of the Republic of Kazakhstan № 160-VI dated 13.06.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 490. Breach of the legislation of the Republic of Kazakhstan on religious activity and religious associations

1. Violation of the requirements established by the legislation of the Republic of Kazakhstan to:

1) conduct of religious customs, ceremonies and (or) meeting;

2) carrying out of charitable activity;

3) to import, production, release, edition and (or) distribution of religious literature and other materials of religious contents, objects of religious appointment;

4) construction of cultic buildings (structures), reprofiling (change of functional purpose) of buildings (structures) into cultic buildings (structures), shall –

entail a fine on individuals in amount of fifty, on legal entities – in amount of two hundred monthly calculation indices with the suspension of the activity for the term of three months.

2. Obstruction of legal religious activity, and equally the violation of civil rights of individuals on the grounds of relation to the religious or insult of their religious feelings or desecration of the subjects, structures and places being respected by the followers of a particular religious, if all the above mentioned actions do not contain the signs of a criminally punishable act, shall –

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

3. Carrying out of a missionary work without registration (reregistration), and equally use of religious literature, informational materials of religious content and subjects of religious purpose by the missionaries without the favourable conclusion of the religious examination, the distribution of religious denomination of the religious associations unregistered in the Republic of Kazakhstan, shall –

entail a fine on citizens of the Republic of Kazakhstan in amount of one hundred monthly calculation indices, on foreign persons and stateless persons – in amount of one hundred monthly calculation indices with the administrative expulsion beyond the Republic of Kazakhstan.

4. Carrying out of the activity by a religious association that is not provided by its charter, shall –

entail a fine in amount of three hundred monthly calculation indices with the suspension of the activity for the term up to three months.

5. Engagement in political activity by a religious association, and equally participation in the activity of political parties and (or) rendering of financial support, interference in the activity of the state bodies or assumption of the functions of the state bodies or their civil servants by the members of religious associations, shall –

entail a fine in amount of three hundred monthly calculation indices with the suspension of the activity for the term up to three months.

6. Creation of organizational structures of religious associations in the state bodies, organizations, institutions, as well as public health and educational organizations, shall –

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

7. Management of a religious association by the person appointed by a foreign religious centre without coordination with the authorized body, and equally failure to take measures by a head of the religious association to non-admitting involvement and (or) participation of minors in the activity of the religious association in case of objection of one of the parents of the minor or his (her) other legal representatives, shall –

entail a fine in amount of fifty monthly calculation indices with the administrative expulsion beyond the Republic.

8. Actions (omission) provided by parts one, two, three, four, five and seven of this article committed repeatedly second time within a year after imposition of the administrative sanction, shall –

entail a fine on individuals in amount of two hundred, on civil servants in amount of three hundred, on legal entities – in amount of five hundred monthly calculation indices with the prohibition of their activity.

Footnote. Article 490 with the change made by the Law of the Republic of K from 22.12.2016 № 28-VІ (shall be enforced after ten calendar days after day of its first official publication).

Article 491. Violation of the rules for registration of the acts of civil status

Concealment of the circumstances obstructing marriage, or informing false details to the civil registry bodies, shall –

entail a fine in amount of five monthly calculation indices.

Article 492. Residence in the Republic of Kazakhstan without registration or without identity documents

1. Accommodation of citizens of the Republic of Kazakhstan without identity card either according to the invalid identity card or without registration at the place of residence, in the place of temporary stay (accommodation) from ten calendar days up to one month –

subject to prevention.

2. Accommodation of citizens of the Republic of Kazakhstan without identity card either according to the invalid identity card or without registration at the place of residence, in the place of temporary stay (accommodation) over one month –

subject to fine a rate of seven monthly settlement indicators.

3. The act provided by parts of the first and second present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine a rate of thirteen monthly settlement indicators.

4. Full-time residence in the Republic of Kazakhstan of the foreigner or the person without citizenship without registration on the permanent residence either without residence permit or without certificate of the person without citizenship or according to the invalid residence permit, the certificate of the person without citizenship over ten calendar days and also the untimely notice of law-enforcement bodies on loss of the passport, a look on residence or the certificate of the person without citizenship –

subject to fine a rate of ten monthly settlement indicators.

5. The acts provided by a part of the fourth present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine a rate of twenty monthly settlement indicators.

Note. Requirements of part one of the present article about accommodation of citizens of the Republic of Kazakhstan without registration in the place of temporary stay (accommodation) don't extend to the temporary residents living for up to one month in the place of temporary stay (accommodation).

Footnote. Article 492 in edition of the Law of the Republic of Kazakhstan from 22.12.2016 № 28-VІ (shall be enforced after ten calendar days after day of its first official publication).

Article 493. Assumption by the owner of the dwelling or other persons under whose authority dwellings, buildings and (or) rooms, registration of natural persons who actually at them don't live, or rejection of the measures for removal from registration of the natural persons registered and which aren't living in the dwellings, buildings and (or) rooms belonging to the owner or being under authority of other persons or assumption of accommodation of natural persons without registration are

1. Assumption by the owner of the dwelling or other persons under whose authority dwellings are, buildings and (or) rooms, registration of natural persons who actually don't live in dwellings, buildings and (or) rooms belonging to the owner or being under authority of other persons –

subject to fine natural persons at a rate of ten, on small business entities or non-profit organizations – at a rate of fifteen, on subjects of average business – at a rate of twenty five, on subjects of large business – at a rate of fifty monthly settlement indicators.

2. The act provided by part one of the present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine natural persons at a rate of twenty, on small business entities or non-profit organizations – at a rate of thirty, on subjects of average business – at a rate of fifty, on subjects of large business – at a rate of hundred monthly settlement indicators.

3. Failure to take measures by an owner of the dwelling or other persons under whose authority dwellings, buildings and (or) rooms, on removal from registration of the natural persons registered and who aren't living in the dwellings, buildings and (or) rooms belonging to the owner or being under authority of other persons are –

subject to fine natural persons at a rate of five, on small business entities or non-profit organizations – at a rate of fifteen, on subjects of average business – at a rate of twenty five, on subjects of large business – at a rate of forty five monthly settlement indicators.

4. The act provided by a part of the third present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine natural persons at a rate of ten, on small business entities or non-profit organizations – at a rate of twenty, on subjects of average business – at a rate of forty, on subjects of large business – at a rate of eighty monthly settlement indicators.

5. Assumption by the lessor (lessor) of accommodation of natural persons without registration in the dwellings, buildings and (or) rooms belonging to the owner or being under authority of other persons –

subject to fine natural persons at a rate of ten, on small business entities or non-profit organizations – at a rate of fifteen, on subjects of average business – at a rate of twenty five, on subjects of large business – at a rate of fifty monthly settlement indicators.

6. The act provided by a part of the fifth present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine natural persons at a rate of twenty, on small business entities or non-profit organizations – at a rate of thirty, on subjects of average business – at a rate of fifty, on subjects of large business – at a rate of hundred monthly settlement indicators.

Footnote. Article 493 in edition of the Law of the Republic of Kazakhstan from 22.12.2016 № 28-VІ (shall be enforced after ten calendar days after day of its first official publication).

Article 494. Illegal confiscation of passports, identity certificates or taking them in pledge

1. Illegal confiscation of passports, identity certificates or taking them in pledge from the citizens, shall –

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

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

entail a fine in amount of ten monthly calculation indices.

Article 495. Representation of knowingly false details to the state bodies of the Republic of Kazakhstan upon acceptance of the documents certifying identity, or upon filing an application for obtainment of the permission of r a permanent residence in the Republic of Kazakhstan or on conferment of citizenship of the Republic of Kazakhstan or restoration of citizenship of the Republic of Kazakhstan

1. Representation of knowingly false details to the state bodies of the Republic of Kazakhstan upon receipt of the documents certifying identity, shall –

entail a fine in amount of twenty monthly calculation indices.

2. Representation of knowingly false details to the state bodies of the Republic of Kazakhstan by a foreign person or stateless person upon filing an application for obtainment of the permission for a permanent residence in the Republic of Kazakhstan or on conferment of citizenship of the Republic of Kazakhstan or restoration of the citizenship of the Republic of Kazakhstan, shall –

entail the administrative expulsion beyond the Republic of Kazakhstan.

Article 496. Breach of the legislation of the Republic of Kazakhstan on citizenship

1. Use of passport and (or) identity certificate of a citizen of the Republic of Kazakhstan by a person that lost the citizenship of the Republic of Kazakhstan, shall –

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

2. Failure to report on a fact of acquisition of the foreign citizenship within the terms established by the legislation of the Republic of Kazakhstan, shall –

entail a fine in amount of two hundred monthly calculation indices or administrative expulsion beyond the Republic of Kazakhstan.

3. The acts provided by parts one and two of this Article committed by the persons being at the state service, as well as by the persons carrying out the functions of a representative of authority or performing organizational and management or administrative and economic functions in the state bodies, shall –

subject to fine a rate of three hundred monthly settlement indicators or administrative exclusion out of borders of the Republic of Kazakhstan.

Footnote. Article 496 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); from 22.12.2016 № 28-VІ (shall be enforced after ten calendar days after day of its first official publication).

Article 497. Violation of an order of submission of primary statistical data

1. Submission of doubtful primary statistical data to appropriate authorities of the state statistics –

attracts prevention.

2. Non-presentation of primary statistical data in appropriate authorities of the state statistics at the scheduled time –

subject to fine natural persons at a rate of ten, on officials, on non-profit organizations, small business entities – at a rate of fourteen, on subjects of average business – at a rate of twenty, on subjects of large business – at a rate of hundred twenty monthly settlement indicators.

3. The acts provided by parts of the first and second present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine natural persons at a rate of fourteen, on officials, on non-profit organizations, small business entities – at a rate of twenty, on subjects of average business – at a rate of forty, on subjects of large business – at a rate of hundred fifty monthly settlement indicators.

Footnote. Article 497 in edition of the Law of the Republic of Kazakhstan from 03.12.2015 № 432-V (shall be enforced from 01.01.2016).

Article 498. Refusal, non-representation, untimely representation, concealment, additions and other deviations of legal statistics data and special accountings

1. Refusal, non-representation to the state body carrying out the activity in the field of legal statistics and special accountings, legal statistics data and special accountings, their representation with the violation of established term, concealment, additions and other intended deviations of the legal statistics data and special accountings, and equally obstruction of receiving the legal statistics information and details of the special accountings in any form, shall –

subject to fine officials and private bailiffs at a rate of ten monthly settlement indicators.

2. It is excluded by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).
Footnote. Article 498 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 499. Violation of an order of submission of administrative data

1. Representation by an administrative source of doubtful administrative data to authorized body in the field of the state statistics –

subject to fine officials at a rate of twenty monthly settlement indicators.

2. Non-presentation by an administrative source of administrative data to authorized body in the field of the state statistics –

subject to fine officials at a rate of twenty monthly settlement indicators.

3. The acts provided by parts of the first and second present article perfect repeatedly within a year after imposing administrative

subject to fine subject to fine to officials at a rate of thirty monthly settlement indicators.

Note. In the present article it is necessary to understand the heads of an administrative source or persons fulfilling their duties as officials responsible for representation by an administrative source of administrative data and also for their reliability.

Footnote. Article 499 in edition of the Law of the Republic of Kazakhstan from 29.10.2015 № 376-V (shall be enforced from 01.01.2016).

Article 500. Refusal from conduct of the state statistical supervision

Footnote. Article 500 is excluded 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 501. Loss, sale, transfer or other illegal disclosure of primary statistical data, statistical information and (or) databases official

Loss, sale, transfer or other illegal disclosure of primary statistical data, statistical information and (or) databases allowing to identify the respondent, the official of bodies of the state statistics subordinated to the organization of department of authorized body in the field of the state statistics except for the cases provided by article 8 of the Law of the Republic of Kazakhstan “On the state statistics” if these actions don't contain signs of penal act, –

subject to fine subject to fine to a rate of fifty monthly settlement indicators.

Footnote. Article 501 in edition of the Law of the Republic of Kazakhstan from 29.10.2015 № 376-V (shall be enforced 01.01.2016).

Article 502. Collecting primary statistical data on an unconfirmed statistical form

Footnote. Article 502 is excluded 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 503. Collecting administrative data on an uncoordinated form

Collecting administrative data on an uncoordinated form –

subject to prevention or fine officials at a rate of twenty monthly settlement indicators.

Note. In the present article it is necessary to understand the heads of an administrative source or persons fulfilling their duties, who have charged to carry out collecting administrative data on an uncoordinated form as officials.

Footnote. Article 503 in edition of the Law of the Republic of Kazakhstan from 29.10.2015 № 376-V (shall be enforced from 01.01.2016).

Article 504. Violation of established requirements in the scope of protection of the state secrets, as well as in work with service classified information

1. Violation of established procedure for access or admission to the state secrets, shall –

entail a fine in amount of twenty monthly calculation indices.

2. Violation of established requirements on ensuring the secrecy order by the persons admitted to work with the state secrets or their carriers, if these actions do not contain the signs of a criminally punishable act, shall –

entail a fine in amount of twenty monthly calculation indices.

3. Unreasonable classification of details and their carriers that are not subjected to classification, use of the secrecy labels and other restrictive labels for classifying the details that are not related to the state secrets, if these actions do not contain the signs of a criminally punishable act, shall –

entail a fine in amount of twenty monthly calculation indices.

4. The actions mentioned in a part three of this Article committed for the purpose of concealing the violation of legality, shall –

entail a fine in amount of fifty monthly calculation indices.

5. Unreasonable disclosure of details and their carriers constituting the state secrets, violation of the terms for disclosing the carriers established upon their classification, with the exception of the cases provided by the legislation on state secrets, if these actions do not contain the signs of a criminally punishable act, shall –

entail a fine in amount of twenty monthly calculation indices.

6. Violation of established requirements of working with service classified information by the persons admitted to it due to professional or service activity that entailed disclosure or loss of these details, shall –

entail a fine in amount of fifteen monthly calculation indices.

Article 505. Violation of the rules for site improvement of the territories of cities and inhabited localities, as well as destruction of infrastructure facilities, destruction and damage of green plantings of a city and inhabited localities

1. Violation of the rules for site improvement of the territories of cities and inhabited localities, as well as destruction of infrastructure facilities, destruction and damage of green plantings of a city and inhabited localities, except for cases, providef for by Article 381-1 of this Code, shall –

entail a notification or fine on individuals in amount of twenty, 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 one hundred monthly calculation indices.

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

entail a notification or fine on individuals in amount of twenty, 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 one hundred monthly calculation indices.

Footnote. Article 505 as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 № 403-VI (shall be enforced from 01.07.2021).

Article 506. Illegal entry to protected objects

Illegal entry into an object protected in accordance with the legislation of the Republic of Kazakhstan by law enforcement or special state bodies, bodies and subdivisions of the Ministry of Defense of the Republic of Kazakhstan, the Armed Forces, other troops and military formations of the Republic of Kazakhstan, as well as into a dangerous production facility protected by a private security organization, if this act does not contain signs of a criminally punishable act, –

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

Footnote. Article 506 as amended by the Law of the Republic of Kazakhstan № 217-VI dated 21.01.2019 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.07.2021 № 63-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 507. Obstruction of the activity of participants of the national preventive mechanism

Obstruction of the legal activity of participants of the national preventive mechanism by a civil servant with the use of official position, and equally interference to this activity committed by the civil servant with the use of own official position that entailed essential violation of their rights and legal interests, shall –

entail a fine in amount of forty monthly calculation indices.

Article 508. Divulgence of details on a private life of a person by participants of the national preventive mechanism became known to them in the course of preventive visits

Divulgence of details on a private life of a person by participants of the national preventive mechanism became known to them in the course of preventive visits, without the consent of the person, if these actions do not contain the signs of a criminally punishable act, shall –

entail a fine in amount of twenty monthly calculation indices.

Article 509. Destruction of documents of the National archive fund

1. Destruction of documents of the National archive fund, personnel documents without coordination with the authorized body or local executive body of the oblast, city of republican significance, the capital, shall –

entail a fine on civil servants, 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 forty monthly calculation indices.

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

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 eighty monthly calculation indices.

Chapter 28. ADMINISTRATIVE INFRACTIONS ENCROACINH ON
ESTABLISHED MANNER OF THE STATE BORDER REGIME OF THE
REPUBLIC OF KAZAKHSTAN AND PROCEDURE FOR STAYING IN A
TERRITORY OF THE REPUBLIC OF KAZAKHSTAN Article 510. Violation of the frontier regime in a frontier zone and procedure for staying in separate locations

1. Violation of the frontier regime in a frontier zone upon entry (passage), temporary staying or movement in the frontier zone:

1) by a citizen of the Republic of Kazakhstan without the documents certifying identity;

2) the foreigner or the person without citizenship without identity documents, or admissions issued by law-enforcement bodies;

3) the foreigner (the resident of border areas of the adjacent states) who has driven to the Republic of Kazakhstan through points of the simplified admission without identity documents, or evading from departure from the Republic of Kazakhstan at the scheduled time, and change of a route when following by the foreigner or person without citizenship through a border area on ways of the international raiLawy and automobile communications to the check point for the purpose of departure from the Republic of Kazakhstan is equal –

subject to fine subject to fine to a rate of five monthly settlement indicators.

2. Carrying out of economic, fishing and other activity, conduct of public and political, cultural and other measures in a frontier zone without notifying the Frontier Service of the National Security Committee of the Republic of Kazakhstan, shall –

entail a fine on individuals in amount of five, 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.

3. Entry (passage), temporary staying or movement of a foreign person or stateless person in a territory of the Republic of Kazakhstan, temporary closed for visiting by foreign persons and stateless persons without the permission of the Ministry of Foreign Affairs of the Republic of Kazakhstan and Internal Affairs Bodies, shall –

entail a fine in amount of ten monthly calculation indices.

4. The acts provided by parts, the second, third present article, made by the foreigner or the person without citizenship repeatedly within a year after imposing of an administrative penalty –

subject to fine subject to fine to a rate of fifteen monthly settlement indicators or administrative exclusion out of borders of the Republic of Kazakhstan.

5. The acts provided by part one of the present article, made by the citizen of the Republic of Kazakhstan repeatedly within a year after imposing of an administrative penalty –

subject to fine subject to fine to natural persons at a rate of ten monthly settlement indicators.

Footnote. Article 510 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 511. Article 511. Violation of prohibitions established in a territory of forbidden zone under arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other forces and military formations of the Republic of Kazakhstan and the forbidden district under arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other forces and military formations of the Republic of Kazakhstan

Footnote. The heading of Article 511 as amended by the Law of the Republic of Kazakhstan dated 29.05.2020 № 337-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

1. Staying of individuals in a territory of forbidden zone under arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other forces and military formations of the Republic of Kazakhstan, shall –

entail a fine in amount of ten monthly calculation indices.

2. Construction and conduct of any works, with the exception of the works performed for the purpose of ensuring counter-sabotage and fire security in a territory of forbidden zone under arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other forces and military formations of the Republic of Kazakhstan, shall –

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 thirty, on subjects of large entrepreneurship – in amount of sixty monthly calculation indices.

3. Construction of buildings and structures, economic and other activities not related to the direct operation of arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan, shooting from firearms, the use of pyrotechnic substances and products, arrangement of shooting ranges (firing ranges) and stands, the use of aircraft (including unmanned aerial vehicles), as well as the use of means, systems, devices and equipment for surveillance, audio and video recording, photography, transmission of information, except as otherwise provided for by the laws of the Republic of Kazakhstan, on the territory of the forbidden area at the arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan, shall –

entail a fine on individuals in the amount of fifteen, 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 sixty monthly calculation indices.

Footnote. Article 511 as amended by the Law of the Republic of Kazakhstan dated 29.05.2020 № 337-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 512. Violation of the regimes of territorial waters (sea) and internal waters of the Republic of Kazakhstan

1. Violation of the regimes in territorial waters (sea) and internal waters of the Republic of Kazakhstan, Kazakhstan’s part of the frontier rivers, lakes and other water reservoirs being expressed in non-compliance with the established procedure for accounting, maintenance, leaving the stationing sites and return to the stationing site, floatation of Kazakhstan’s small size self-propelled and non-propelled (surface and underwater) vessels (crafts) and vessels (crafts) for overice movement, shall –

entail a fine on individuals in amount of twenty, 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 eighty monthly calculation indices.

2. Carrying out of the fishing, research, prospecting and another activity in territorial waters (sea) and internal waters of the Republic of Kazakhstan, Kazakhstan’s part of the waters of the frontier rivers, lakes and other water reservoirs without permission of the authorized state body with the violation of the procedure established by the legislation of the Republic of Kazakhstan, shall –

entail a fine on individuals in amount of twenty, 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 eighty monthly calculation indices, with the confiscation of transport vehicles and other subjects being indirect subjects for commission of the administrative infraction.

Article 513. Violation of the regime in checkpoints through the State border of the Republic of Kazakhstan

1. Violation of the regime in checkpoints through the State Border of the Republic of Kazakhstan by a citizen of the Republic of Kazakhstan being expressed in non-compliance with the established procedure for entry to the checkpoints, staying, movement and departure from them of the persons, transport vehicles, entry, staying, movement, inflow of cargo and goods, carrying out of economic and another activity, shall –

entail a fine in amount of five monthly calculation indices.

2. The same actions committed by a foreign person or stateless person, shall –

subject to fine subject to fine to a rate of ten monthly settlement indicators or administrative exclusion out of borders of the Republic of Kazakhstan.

Footnote. Article 513 with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 514. Violation of the regime of the State Border of the Republic of Kazakhstan

1. Violation of the regime of the State Border of the Republic of Kazakhstan being expressed in non-compliance with the established procedure for:

1) maintenance of the State Border of the Republic of Kazakhstan (with the exception of the field of the State Border of the Republic of Kazakhstan on Caspian sea);

2) crossings of Frontier of the Republic of Kazakhstan if this action doesn't contain signs of penal act;

3) pass of the persons, transport vehicles, cargo and goods through the State Border of the Republic of Kazakhstan;

4) entry, temporary staying, residence, movement in a frontier belt and performance of flights over the frontier belt;

5) carrying out of economic, fishing or another activity, conduct of public policy, cultural or another events on the State Border and in a frontier belt, 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 fifty monthly calculation indices.

2. The actions provided by a part one of this Article committed by a foreign person or stateless person, shall –

entail a fine in amount of twenty monthly calculation indices with the confiscation of transport vehicles and other subjects that are direct subjects for commission of the administrative infraction, or administrative arrest for the term up to ten days or administrative expulsion beyond the Republic of Kazakhstan.

Footnote. Article 514 with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 515. Illegal carriage through the State Border of the Republic of Kazakhstan

1. Failure to take measures on prevention of illegal entry of persons in a transport vehicle and its use for illegal crossing the State Border of the Republic of Kazakhstan by a transport or another organization carrying out international carriage that entailed the illegal crossing or attempt of illegal crossing the State Border of the Republic of Kazakhstan by one or several violators, shall –

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

2. Failure to take measures on prevention of illegal entry of persons in a transport vehicle and its use for illegal crossing the State Border of the Republic of Kazakhstan by a worker of a transport or another organization carrying out international carriage, that are included in his (her) official duties, that entailed the illegal crossing the State Border of the Republic of Kazakhstan, if the mentioned act was not the aiding in a crime or attempt of illegal crossing the State Border of the Republic of Kazakhstan by one or several violators, shall –

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

3. Failure to take measures by a person crossing the State Border of the Republic of Kazakhstan with regard to private affairs on prevention of using the transport vehicle operated by him (her) by the order person for the illegal crossing the State Border of the Republic of Kazakhstan that entailed illegal crossing of the State Border of the Republic of Kazakhstan by one or several violators, shall –

entail a fine in amount of ten monthly calculation indices.

Article 516. Insubordination to legal regulation or requirement of a military servant due to fulfillment of the obligations on protection of the State Border of the Republic of Kazakhstan

1. Insubordination to legal regulation or requirement of a military servant due to fulfillment of the obligations on protection of the State Border of the Republic of Kazakhstan, shall –

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

2. The actions provided by a part one of this Article committed repeatedly second time by a foreign person or person without the citizenship, shall –

entail the administrative arrest for the term up to five days beyond the Republic of Kazakhstan.

Article 517. Breach of the legislation of the Republic of Kazakhstan in the field of migration of population by a foreign person or stateless person

1. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 № 292-VІ (order of enforcement see Article 2).

2. Violation of the legislation of the Republic of Kazakhstan in the field of migration of population by a foreign person or stateless person being expressed in non-compliance with the rules for the transit passing through the territory of the Republic of Kazakhstan, shall –

entail a fine in amount of fifteen monthly calculation indices or administrative expulsion from the Republic of Kazakhstan.

3. Violation of the legislation of the Republic of Kazakhstan in the field of migration of population by a foreign person or stateless person being expressed in non-departure from the Republic of Kazakhstan after expiration of the period established by the legislation of the Republic of Kazakhstan:

1) within three days, -

entail a warning;

2) more than three before the expiration of five days, -

entail a fine in amount of ten monthly calculation indices;

3) more than five before the expiration of ten days, -

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

4. Violation by a foreigner or stateless person of the legislation of the Republic of Kazakhstan in the field of population migration, expressed in evasion from departure for a period exceeding ten days after the expiration of the period established by law, shall –

entail a fine in amount of twenty-five monthly calculation indices or administrative expulsion from the Republic of Kazakhstan.

5. Violation by a foreigner or stateless person of the legislation of the Republic of in the field of population migration, expressed in the inconsistency of the activities carried out with the goals specified in the visa, or employment in the Republic of Kazakhstan without obtaining a certificate of conformity of qualifications for self-employment, issued by a local executive body, or work permits, when obtaining such a certificate or permit shall be a prerequisite for the implementation of labor activity, shall –

entail a fine in amount of twenty five monthly calculation indices or administrative arrest for the term up to ten days or administrative expulsion beyond the Republic of Kazakhstan.

6. Actions 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 fifteen monthly calculation indices or administrative expulsion beyond the Republic of Kazakhstan.

7. The acts provided by a part two, four and five of this Article committed repeatedly second time within a year after imposition of the administrative sanction, shall –

entail the administrative arrest for the term up to fifteen days with administrative expulsion from the Republic of Kazakhstan.

Footnote. Article 517 with the changes made by laws of the Republic of Kazakhstan from 24.11.2015 № 421-V (shall be enforced from 01.01.2017); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); dated 27.12.2019 № 292-VІ (order of enforcement see Article 2); dated 13.05.2020 № 327-VІ (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 518. Breach of the legislation of the Republic of Kazakhstan in the field of migration of population by individuals or legal entities accepting foreign persons and stateless persons

1. Rejection by the accepting person of measures for timely registration of documents for the right to stay of foreigners and stateless persons in the Republic of Kazakhstan, or their departure from the Republic of Kazakhstan after a certain period of stay, or late informing the internal affairs authorities on immigrants staying with them, shall –

subject to prevention natural persons, a penalty on officials, small business entities or non-profit organizations at a rate of ten, on subjects of average business – at a rate of fifteen, on subjects of large business – at a rate of twenty monthly settlement indicators.

2. Provision of a dwelling place to a foreign person or stateless person staying in the Republic of Kazakhstan with the breach of the legislation of the Republic of Kazakhstan in the field of migration of population or avoidance from departure from the Republic of Kazakhstan within the established terms, or non-conformance of the actual residence place to the address stated upon registration, shall –

subject to fine natural persons at a rate of twenty five, on the official, on small business entities or non-profit organizations – at a rate of forty, on subjects of average business – at a rate of fifty five, on subjects of large business – at a rate of seventy five monthly settlement indicators.

3. The actions provided by parts one and two of this Article committed repeatedly second time within a year after imposition of the administrative sanction, shall –

subject to fine natural persons at a rate of thirty, on the official, on small business entities or non-profit organizations – at a rate of forty, on subjects of average business – at a rate of seventy, on subjects of large business – at a rate of hundred monthly settlement indicators.

4. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 № 292-VІ (order of enforcement see Article 2).
5. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 № 292-VІ (order of enforcement see Article 2).
Footnote. Article 518 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); from 22.12.2016 № 28-VІ (shall be enforced after ten calendar days after day of its first official publication); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); dated 27.12.2019 № 292-VІ (order of enforcement see Article 2).

Article 519. Engagement of foreign labour force and labour immigrants with breach of the legislation of the Republic of Kazakhstan

Footnote. Title of Article 519 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V 9shall be enforced from 01.01.2015).

1. Involvement of foreign labor by the employer without the permission of a local executive body or use of work of the foreigners and (or) stateless persons, not having the certificates of compliance of qualification for independent employment, issued by a local executive body, or the permissions to the labor immigrant, issued by internal affairs bodies, shall –

subject to fine natural persons at a rate of thirty, on officials – at a rate of fifty, on small business entities or non-profit organizations – at a rate of hundred, on subjects of average business – at a rate of two hundred, on subjects of large business – at a rate of seven hundred monthly settlement indicators.

2. Appointment of a foreign person by an employer to the position (profession or specialty) that does not conform to the position (profession or specialty) stated in permission of the local executive body for engagement of foreign labour force, shall –

subject to fine natural persons at a rate of thirty, on officials – at a rate of fifty, on small business entities or non-profit organizations – at a rate of hundred, on subjects of average business – at a rate of two hundred, on subjects of large business – at a rate of seven hundred monthly settlement indicators.

3. The actions provided by parts one and two of this Article committed repeatedly second time within a year after imposition of the administrative sanction, shall –

subject to fine natural persons at a rate of fifty, on officials – at a rate of hundred, on small business entities or non-profit organizations – at a rate of two hundred, on subjects of average business – at a rate of three hundred, on subjects of large business – of one thousand monthly settlement indicators.

4. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015).

5. Engagement of labour immigrants to perform the works (render the services) in a private household by an employer-individual that are without the relevant permission issued by the internal affairs bodies, or conclusion of the labour contracts on performance of works (rendering of services) in a private household by one employer-individual with more than five labour immigrants at the same time, shall –

entail a fine in amount of thirty monthly calculation indices.

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

entail a fine in amount of fifty monthly calculation indices.

Footnote. Article 519 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); from 24.11.2015 № 421-V (shall be enforced from 101.01.2017); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 13.05.2020 № 327-VІ (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 520. Illegal activity on employment of the citizens of the Republic of Kazakhstan abroad

Footnote. Article 520 is excluded by the Law of the Republic of Kazakhstan № 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 29. ADMINISTRATIVE INFRACTIONS IN THE SCOPE
OF CUSTOMS AFFAIRS Article 521. Violation of the mode of a customs control zone

Movement of goods, vehicles and persons, including officials of public authorities (except customs), through borders of a customs control zone and also implementation in this zone of production and other business activity without the permission of body of state revenues –

subject to fine natural persons, officials at a rate of ten, on small business entities or non-profit organizations – at a rate of fifteen, on subjects of average business – at a rate of twenty, on subjects of large business – at a rate of twenty five monthly settlement indicators.

Footnote. Article 521 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 522. Violation of a procedure of activity in the sphere of customs affairs

Non-compliance by the customs representative, owners of a warehouse of storage of own goods, warehouse of temporary storage, free or customs warehouse, duty free shop of conditions and duties of implementation of such activity according to the Code of the Republic of Kazakhstan “On customs regulation in the Republic of Kazakhstan” or discrepancy of the rooms or territories intended for establishment of the place or a warehouse of temporary storage, a customs or free warehouse, duty free shop, to the requirements established by the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan –

subject to fine a rate of hundred monthly settlement indicators.

Footnote. Article 522 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 523. Violation of a procedure of activity by customs carrier

Non-compliance by customs carrier with the conditions and duties provided by the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan for implementation of such activity including absence or malfunction of the technical equipment on the vehicle allowing body of state revenues to define the location of this vehicle –

subject to fine a rate of hundred monthly settlement indicators.

Footnote. Article 523 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 524. Non-notification of body of state revenues about arrival of goods

Non-notification of body of state revenues when importing goods to the customs territory of the Eurasian Economic Union about arrival by non-presentation of documents according to the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan –

subject to fine natural persons at a rate of five, on small business entities or non-profit organizations – at a rate of ten, on subjects of average business – at a rate of fifteen, on subjects of large business – at a rate of twenty five monthly settlement indicators.

Footnote. Article 524 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 525. Violation of an order of departure of goods

1. Violation of an order of departure of goods from the customs territory of the Eurasian Economic Union without the permission of body of state revenues of the Republic of Kazakhstan or non-presentation of documents for departure according to the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan –

subject to prevention.

2. The act provided by part one of the present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine natural persons at a rate of five, on small business entities or non-profit organizations – at a rate of ten, on subjects of average business – at a rate of fifteen, on subjects of large business – at a rate of twenty five monthly settlement indicators.

Footnote. Article 525 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 526. Rejection of measures in case of accident, force majeure or other circumstances

Rejection in case of accident, force majeure or other circumstances of measures for ensuring safety of goods, not message in the nearest body of state revenues about these circumstances and the location of such goods or a failure to provide of their transportation (transportation) in the nearest body of state revenues or other place specified by body of state revenues –

subject to fine natural persons at a rate of ten, on small business entities or non-profit organizations – at a rate of fifteen, on subjects of average business – at a rate of twenty, on subjects of large business – at a rate of twenty five monthly settlement indicators.

Footnote. Article 526 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 527. Failure to represent goods and transport vehicles at the place of delivery

Failure to represent goods and transport vehicles at the place of delivery and failure to deliver them to the state revenues body 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 fifteen, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in amount of twenty five monthly calculation indices.

Article 528. Issuance without permission of the state revenues body of the Republic of Kazakhstan, loss or non-delivery of goods, transport vehicles and documents on them to the state revenues body of the Republic of Kazakhstan

1. Delivery without the permission of bodies of state revenues of the Republic of Kazakhstan of the goods and vehicles which are under customs control –

subject to fine a rate of forty monthly settlement indicators.

1-1. Loss or not bringing in the place of delivery of the goods and vehicles which are under customs control determined by bodies of state revenues or customs authority of the member state of the Eurasian Economic Union –

subject to fine a rate of thirty monthly settlement indicators with confiscation of the goods and vehicles which are direct objects of commission of administrative offense.

2. Non-delivery of the customs or other documents on goods and transport vehicles being under the customs control accepted for delivery to the state revenues body, shall –

subject to fine a rate of fifteen monthly settlement indicators.

3. Non-compliance established by body of state revenues or customs authority of the member state of the Eurasian Economic Union of delivery period of goods, vehicles and documents on them –

subject to fine a rate of fifteen monthly settlement indicators.

Footnote. Article 528 with the changes made by laws of the Republic of Kazakhstan from 03.12.2015 № 432-V (shall be enforced from 01.01.2016); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 529. Vehicle Not stop

Not stop of the vehicle going through customs border of the Eurasian Economic Union and also the vehicle moved through customs border of the Eurasian Economic Union as goods in places of movement of goods through customs border of the Eurasian Economic Union except for cases when such not stop is caused by technical malfunction of the vehicle or force majeure, –

subject to fine a rate of ten monthly settlement indicators.

Footnote. Article 529 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 530. Departure of the vehicle without the permission of body of state revenues of the Republic of Kazakhstan

Departure of the vehicle which is under customs control or the vehicle moved through customs border of the Eurasian Economic Union as goods from the place of his parking without the permission of body of state revenues of the Republic of Kazakhstan –

subject to fine a rate of ten monthly settlement indicators.

Footnote. Article 530 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 531. Violation of an order of commission of the customs operations connected with goods placement under customs procedure and customs cleaning of goods

Violation of an order of commission of the customs operations connected with goods placement under customs procedure, and customs cleaning of goods, that is non-compliance by the established customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan of requirements for goods placement under customs procedure, to the space and time of commission of customs operations and also the conditions of application of a prime order of the room of separate types of goods for customs procedure, except for the cases provided by other articles of the present chapter –

subject to fine a rate of twenty five monthly settlement indicators.

Footnote. Article 531 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 532. Illegal operations, change of a state, use and (or) the order of goods concerning which customs cleaning isn't complete

1. Carrying out operations, change of a state, use and (or) the order of goods concerning which customs cleaning isn't complete, in defiance of the requirements and conditions established by the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan except for the cases provided by other articles of the present chapter –

subject to fine a rate of twenty five monthly settlement indicators.

2. The actions provided by part one of the present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine a rate of forty monthly settlement indicators with confiscation of the goods which are direct objects of commission of administrative offense or without that.

Footnote. Article 532 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 533. Conduct of cargo and other operations with the goods being under the customs control without permission of the state revenues body

Transportation, loading, unloading, transshipment, correction of damages to packing, packing, repacking or acceptance for transfer of the goods and transport vehicles being under the customs control, taking samples and examples of such goods, opening of premises, capacities and other places where the mentioned goods and transport vehicles may be located, or the change of a transport vehicle of international carriage carrying the goods being under the customs control without the permission of the state revenues body or notification, shall –

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

Article 534. Destruction, removal, change or exchange of the mends of identification

1. Destruction, removal, change or exchange of the mends of identification used by the state revenues bodies, including foreign states without the permission of the state revenues body, or damage or loss of such means of identification, shall –

entail a fine in amount of twenty monthly calculation indices.

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

entail a fine in amount of forty monthly calculation indices.

Article 535. Violation of an order of customs declaration of goods

1. Violation by the customs applicant and (or) customs representative of an order of customs declaration of goods, that is non-compliance by the established customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan of requirements for an order of filling of the customs declaration and customs declaring, including preliminary, incomplete, periodic and temporary customs declaration of goods, in the place of customs declaration of goods, except for the cases provided by other articles of the present chapter –

subject to prevention.

2. The act provided by part one of the present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine a rate of twenty five monthly settlement indicators.

Footnote. Article 535 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 536. Violation of the procedure for carrying out the activity in the scope of the customs affairs by a customs representative

1. Carrying out of the activity by a customs representative in the scope of the customs affairs in behalf of a third party without conclusion of the civil law contract with the third person or upon expiry of the contract’s validity term or after its dissolution, shall –

entail a fine in amount of thirty monthly calculation indices.

2. The action provided by a part one of this Article committed by a customs representative repeatedly second time within a year, shall –

entail a fine in amount of fifty monthly calculation indices.

Article 537. Violation of a procedure of activity in the sphere of customs affairs Authorized Economic Operator

Non-compliance by Authorized Economic Operator with the requirements provided by the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan for implementation of such activity –

subject to fine a rate of hundred monthly settlement indicators.

Footnote. Article 537 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 538. Violation of terms of the customs declaration, documents and data

1. Non-presentation to body of state revenues at the scheduled time of the customs declaration, documents and data at customs declaration of goods, except for the cases provided by other articles of the present chapter –

subject to fine a rate of twenty monthly settlement indicators.

2. Non-presentation to body of state revenues in the terms established by the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan, the statement for commission of operations concerning temporarily taken out vehicles of the international transportation which are the goods placed under customs procedure of temporary import (admission) –

subject to fine a rate of fifteen monthly settlement indicators.

Footnote. Article 538 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 539. Non-presentation to body of state revenues of the Republic of Kazakhstan of the reporting or submission of the doubtful reporting and non-compliance with an order of conducting account

Non-presentation by customs carrier, the customs representative, owners of a warehouse of storage of own goods, a warehouse of temporary storage, a customs or free warehouse, duty free shop, Authorized Economic Operators, customs applicants as it should be and terms which are determined by the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan, the reporting on the imported, taken out, declared, arriving, stored, processed, produced, acquired and realized goods which are under customs control or in the territory of free customs areas or submission of the doubtful reporting and is equal to body of state revenues of the Republic of Kazakhstan non-compliance with an order of conducting accounting of such goods –

subject to fine a rate of twenty five monthly settlement indicators.

Footnote. Article 539 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 540. Violation of an order of goods placement on storage, an order of their storage and carrying out operations with them

Violation of an order of goods placement on storage and an order of their storage, the established customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan, periods of storage under customs locks, about movement of goods from one warehouse on another, and is equal carrying out operations with goods in customs warehouses, warehouses of temporary storage and free warehouses –

subject to fine a rate of twenty five monthly settlement indicators.

Footnote. Article 540 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 541. Violation of the terms of temporary storage of goods

Footnote. Article 541 is excluded by the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 542. Violation of the procedure for processing of goods and exchange of the products after processing

1. Violation of an order of processing of goods, that is non-compliance with the requirements established by the customs legislation of the Republic of Kazakhstan, conditions which are contained in the document on conditions of processing of goods if such document is obligatory according to conditions of customs procedure, an order and terms of processing of goods, quantities of an exit of products of processing, carrying out operations on processing of such goods, shall –

entail a fine in amount of fifty monthly calculation indices.

2. Violation of established procedure for replacing the products after processing of domestic goods by other goods, shall –

entail a fine in amount of twenty monthly calculation indices.

Footnote. Article 542 with the change made by the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 543. Failure to terminate the customs procedure within established terms

1. Failure to complete at the scheduled time of customs procedure concerning which the requirement about its end is established –

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 thirty, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices.

1-1. Not export from the customs territory of the Eurasian Economic Union of temporarily imported vehicles of the international transportation –

subject to fine natural persons at a rate of fifteen, on small business entities – at a rate of twenty, on subjects of average business – at a rate of thirty, on subjects of large business – at a rate of fifty monthly settlement indicators, with confiscation of the vehicles which are direct objects of commission of administrative offense or without that.

2. Not export from the customs territory of the Eurasian Economic Union of temporarily imported goods and (or) vehicles for private use at the scheduled time of temporary import –

subject to fine a rate of fifteen monthly settlement indicators.

3. Representation to body of state revenues of the Republic of Kazakhstan of invalid documents, the documents received in the illegal way or the documents relating to other goods and (or) vehicles as confirmation of the return export or import or impossibility of it for the reasons of destruction or loss of goods and (or) vehicles owing to accident or force majeure, natural wear or a decrease or their leaving from possession in connection with illegal actions of bodies and officials of the foreign state –

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 thirty, on subjects of large entrepreneurship – in amount of fifty monthly calculation indices, with or without confiscation of goods and (or) vehicles that are direct subjects of an administrative infraction.

4. Action 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 individuals in amount of thirty, 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, with or without confiscation of vehicles that are direct subject of an administrative offense.

Footnote. Article 543 with the changes made by laws of the Republic of Kazakhstan from 03.12.2015 № 432-V (shall be enforced from 01.01.2016); from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 544. Unlawful operations, change of state, use and (or) disposal of goods and transport vehicles put under particular customs procedure

Conduct of operations, change of the state, use and (or) disposal of goods and transport vehicles not in accordance with their customs procedure, and equally transfer of the right to use the customs procedure by transferring the rights of possession, use or disposal in respect of the goods to the other person without permission of the state revenues body if this decision is compulsory, if it is allowed in accordance with the customs procedure, shall –

entail a fine on individuals in amount of twenty monthly calculation indices, with the confiscation of the transport vehicles being direct subjects for commission of the administrative infraction with the exclusion of the persons carrying out the activity in the scope of customs affairs from the relevant register.

Article 545. Non-compliance with an order of application of the bans and restrictions when moving goods and vehicles through customs border of the Eurasian Economic Union

Movement through customs border of the Eurasian Economic Union of goods and vehicles with non-compliance with the bans and the restrictions set by the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan –

subject to fine natural persons at a rate of fifteen, on small business entities or non-profit organizations – at a rate of twenty, on subjects of average business – at a rate of thirty, on subjects of large business – at a rate of fifty monthly settlement indicators, with confiscation of the goods and (or) vehicles which are direct objects of commission of administrative offense or without that.

Footnote. Article 545 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 546. Movement of goods and vehicles through customs border of the Eurasian Economic Union natural persons with violation of an order of movement of goods for the private use established by the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan

Footnote. Article 546 heading in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Failure to declare goods and (or) transport vehicles by individuals according to established form for the personal use subjected to the customs declaring, with the exception of the cases provided by Article 547 of this Code, shall –

entail a fine in amount of ten monthly calculation indices.

Footnote. Article 546 with the change made by the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 547. Violation of an order of movement of goods in the international mailings

Violation of an order of the movement of goods in the international mailings established by the customs legislation of the Eurasian Economic Union and (or) the Republic of Kazakhstan –

Subjects to fine natural persons at a rate of ten, on small business entities or non-profit organizations – at a rate of twenty, on subjects of average business – at a rate of thirty, on subjects of large business – at a rate of fifty monthly settlement indicators.

Footnote. Article 547 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 548. Movement of goods and vehicles through customs border of the Eurasian Economic Union besides customs control

Footnote. Article 548 heading in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

1. Movement of goods and vehicles through customs border of the Eurasian Economic Union besides customs control, that is out of the state revenues of the Republic of Kazakhstan of places of movement of goods determined by bodies through customs border of the Eurasian Economic Union or out of the determined working hours of bodies of state revenues of the Republic of Kazakhstan in the specified places if this action doesn't contain signs of penal act, –

Subjects to fine natural persons at a rate of twenty, on small business entities or non-profit organizations – at a rate of forty, on subjects of average business – at a rate of hundred, on subjects of large business – at a rate of two hundred monthly settlement indicators.

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

subject to fine natural persons at a rate of twenty five, on small business entities – at a rate of fifty, on subjects of average business – at a rate of two hundred, on subjects of large business – at a rate of three hundred monthly settlement indicators, with confiscation of the goods and vehicles which are direct objects of commission of administrative offense.

Footnote. Article 548 with the changes made by the Laws of the RK from 03.12.2015 № 432-V (shall be enforced from 01.01.2016); from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 549. Concealment from customs control of the goods moved through customs border of the Eurasian Economic Union

Concealment from customs control of the goods moved or moved through customs border of the Eurasian Economic Union including with use of the hiding places or other ways complicating detection of goods, or giving to one goods of a type of others –

subject to fine a rate of twenty five monthly settlement indicators with confiscation of the goods which have been direct objects of offense or without that and also confiscation of goods and vehicles with specially made hiding places used for movement through customs border of the Eurasian Economic Union with concealment of the goods and objects which are direct objects of commission of administrative offense.

Footnote. Article 549 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 550. Movement of goods and vehicles through customs border of the Eurasian Economic Union with deceptive use of documents or means of identification

Movement through customs border of the Eurasian Economic Union of goods and vehicles and also goods placement under customs procedure of customs transit or on a warehouse of temporary storage with representation of state revenues to body as the documents necessary for the customs purposes, the invalid documents including able to form the basis for non-compliance with the bans and restrictions, documents received in the illegal way or the documents relating to other goods and vehicles and also use of counterfeit means of identification or the original means of identification relating to other goods and vehicles except for the cases provided by article 555 of the present Code –

subject to fine a rate of twenty monthly settlement indicators with confiscation of the goods and (or) vehicles which are direct objects of commission of administrative offense or without that.

Footnote. Article 550 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 551. Non declaration or doubtful customs declaration of goods, cash, monetary instruments, the doubtful statement of data in customs documents

1. Non declaration or doubtful customs declaration of goods, moved or moved through customs border of the Eurasian Economic Union, that is not statement in the established form or the statement with the customs applicant, the customs representative, Authorized Economic Operator in the customs declaration and other documents necessary for the customs purposes, false information on goods, the chosen customs procedure, customs cost or the country of goods' origin or the statement of other false information giving the grounds for remission of customs payments, taxes or understating of the amount of customs payments, taxes, special, anti-dumping, countervailing duties, or attracting non-execution or inadequate discharge of duty on their payment except for the cases provided by other articles of the present chapter –

subject to fine natural persons at a rate of thirty, on small business entities or non-profit organizations – at a rate of fifty, on subjects of average business – at a rate of eighty, on subjects of large business – at a rate of hundred fifty monthly settlement indicators.

2. The acts provided by part one of the present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to finenatural persons at a rate of sixty, on small business entities or non-profit organizations – at a rate of hundred, on subjects of average business – at a rate of hundred sixty, on subjects of large business – at a rate of three hundred monthly settlement indicators.

3. Non declaration or doubtful declaring by natural persons of the money and monetary instruments moved through customs border of the Eurasian Economic Union and subjects to written declaring –

subject to fine a rate of ten monthly settlement indicators.

4. The doubtful statement of data on the goods moved or moved through customs border of the Eurasian Economic Union in the statement for release of goods before submission of the declaration on goods or in the statement for commission of operations concerning temporarily taken out vehicles of the international transportation which are the goods placed under customs procedure of temporary import (admission), that is not statement in the established form or the statement by the person in the specified documents of false information on goods, the chosen customs procedure, customs cost or the statement of other false information attracting understating of the amount of the customs duties, taxes, special, anti-dumping, countervailing duties –

subject to fine natural persons at a rate of thirty, on small business entities or non-profit organizations – at a rate of fifty, on subjects of average business – at a rate of eighty, on subjects of large business – at a rate of hundred fifty monthly settlement indicators.

Footnote. Article 551 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 552. Transportation, storage, acquisition, use or the order by the goods and vehicles imported on the customs territory of the Eurasian Economic Union with violation of customs rules

Footnote. Article 552 heading in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

1. Transportation, storage, acquisition, use or the order by the goods and vehicles imported on the customs territory of the Eurasian Economic Union besides customs control or with concealment from such control, or with the deceptive use of documents or means of identification or which aren't declared or doubtfully declared, and equally in transportation, storage and purchase of goods and vehicles concerning which customs privileges regarding the customs payments and taxes used or alienated without the permission of body of state revenues of the Republic of Kazakhstan in other purposes, than in connection with what such privileges have been provided are provided –

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

entail a fine in amount of fifty monthly calculation indices with the confiscation of the goods and transport vehicles that are direct subjects for commission of the administrative infraction, or without such.

Footnote. Article 552 with the changes made by the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 553. Violation of the procedure for use and (or) disposal of goods being restricted in use and (or) disposal, as well as conditionally released goods and transport vehicles

Use and (or) disposal of goods being restricted in use and (or) disposal, as well as conditionally released goods and transport vehicles in other purposes than those provided by the customs legislation of the Republic of Kazakhstan, as well as in connection of which such privileges were provided, shall –

entail a fine in 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.

Article 554. The actions directed to return without the appropriate bases of the paid (collected) customs duties, customs duties, taxes, special, anti-dumping, countervailing duties, advance payments, receiving payments and other compensations or their not return

Representation to body of state revenues of the Republic of Kazakhstan of the documents containing the false information granting the right for return of the paid (collected) customs duties, customs duties, taxes, special, anti-dumping, countervailing duties, advance payments made on account of payment of the forthcoming customs duties, customs duties, taxes, special, anti-dumping, countervailing duties, a penalty fee, percent and also the advance payments made as ensuring discharge of duty on payment of the customs duties, taxes, special, anti-dumping, countervailing duties, receiving payments and other compensations or their not return or return not in full without the appropriate bases if these actions don't contain signs of penal act, –

subject to fine legal entities at a rate of two hundred fifty monthly settlement indicators.

Footnote. Article 554 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 555. Violation of terms of payment of the customs duties, taxes, special, anti-dumping, countervailing duties, customs duties, percent

Non-execution or inadequate execution by the payers and (or) persons performing with the payer a solidary duty, obligations for payment of the customs duties, taxes, special, anti-dumping, countervailing duties at the scheduled time, failure to pay customs duties, percent at the scheduled time –

subject to fine natural persons at a rate of thirty, on small business entities or non-profit organizations – at a rate of thirty five, on subjects of average business – at a rate of forty, on subjects of large business – at a rate of fifty monthly settlement indicators.

Footnote. Article 555 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 556. Non-execution of the requirement of body of state revenues of the Republic of Kazakhstan about payment of the due amounts of the customs duties, taxes, special, anti-dumping, countervailing duties, a penalty fee, percent at the scheduled time

Non-execution by bank, insurance company, the guarantor of the requirement of body of state revenues about payment of the due amounts of the customs duties, taxes, special, anti-dumping, countervailing duties, a penalty fee, percent at the scheduled time –

subject to finesmall business entities or non-profit organizations at a rate of twenty, on subjects of average business – at a rate of forty, on subjects of large business – at a rate of fifty monthly settlement indicators.

Footnote. Article 556 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 557. Non-execution by the banks and organizations which are carrying out separate types of bank operations, decisions of bodies of state revenues of the Republic of Kazakhstan

Non-execution of decisions of bodies of state revenues of the Republic of Kazakhstan on collecting debt on customs payments, taxes, special, anti-dumping, countervailing duties, a penalty fee, percent or about suspension of account transactions of bank accounts of the payer because of the banks and the organizations which are carrying out separate types of bank operations –

subjects a fine legal entities at a rate of two hundred fifty monthly settlement indicators.

Footnote. Article 557 in edition of the Law of the Republic of Kazakhstan from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 558. Failure to meet requirements of bodies of state revenues of the Republic of Kazakhstan in the sphere of customs affairs

1. Failure to meet requirements of bodies of state revenues and their officials in the sphere of customs affairs –

subject sv prevention.

2. Action (inaction) provided by part one of the present article perfect repeatedly within a year after imposing of an administrative penalty, –

subjects to fine a rate of fifteen monthly settlement indicators.

Footnote. Article 558 in edition of the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Chapter 30. ADMINISTRATIVE INFRACTIONS IN A TRANSPORT,
IN ROAD FACILITIES Article 559. Violation of the rules ensuring safety of railway traffic

1. Violation of the rules of transit of horse-drawn carriage (sleighs) and driving of baggage, riding animals and livestock through the railway lines, cattle grazing in a railroad precinct, shall –

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

2. Damage of railway lines, shelter forests, snow fences and other track facilities, structures and signaling arrangement and communication devices, shall –

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

3. Non-compliance with the established gauges upon loading and unloading of cargo, shall –

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

4. Laying, dropping or leaving subjects on the railway lines that may cause violation of the train traffic, shall –

entail a fine in amount of twenty monthly calculation indices.

5. Passage on the railway lines in undesignated areas, shall –

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

6. Violation of the requirements of the legislation of the Republic of Kazakhstan on railway transport committed upon:

1) maintenance of turnouts, station and main lines of railway network and railway approaching lines;

2) maintenance, operation and repair of rolling stock, technical means aimed at ensuring traffic safety on railway transport, artificial structures, as well as railway crossings, shall –

entail a fine on individuals in amount of three, on civil servants – in amount of seven, on subjects of small entrepreneurship – in amount of eight, on subjects of medium entrepreneurship – in amount of ten, on subjects of large entrepreneurship – in amount of thirty monthly calculation indices.

7. Violation of the rail safety rules that entailed damage of a railway rolling stock to the state that may not be restored, 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. Violation of the rail safety rules in result of which the rolling stock is damaged in the volume that requires its uncoupling and repairing, shall –

entail a fine 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.

9. Failure to represent information on committed security violations on railway lines to the authorized body by participants of a carriage process within the terms established by the rail safety rules, shall –

subject to fine officials, on small business entities at a rate of twenty, on subjects of average business – at a rate of twenty five, on subjects of large business – at a rate of thirty monthly settlement indicators.

Footnote. Article 559 with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); dated 27.12.2019 № 295-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 560. Violation of the rules for use of the means of railway transport

1. Illegal transit in freight trains, boarding and unloading on the way, transit on a footboard and roofs of wagons, illegal stop of train without necessity, shall –

entail a fine on individuals in amount of five monthly calculation indices.

2. Discharge of rubbish and other subjects from windows and doors of the wagons of trains, illegal opening of the outer doors during train traffic, shall –

entail a notification or fine on individuals in amount of three monthly calculation indices.

Article 561. Operation of the rolling stock and city rail transport without the state registration or a re-registration

Footnote. Article 561 heading in edition of the Law of the Republic of Kazakhstan from 05.05.2017 № 59-VI (shall be enforced after ten calendar days after day of its first official publication).

1. Operation of the rolling stock and city rail transport without the state registration or a re-registration -

subject to fine natural persons at a rate of two, on small business entities - at a rate of five, on subjects of average business - at a rate of seven, on subjects of large business - at a rate of twenty monthly settlement indicators.

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

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

Footnote. Article 561 with the changes made by the Law of the Republic of Kazakhstan from 05.05.2017 № 59-VI (shall be enforced after ten calendar days after day of its first official publication.

Article 562. Damage of transport public transport vehicles and their internal equipment

Damage of public transport vehicles, specifically passenger wagons and locomotives on a railway transport, vessels on marine and river transport, buses, trolleys, trams, as well as damage of their internal equipment, shall –

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

Article 563. Violation of the procedure for use of the air space of the Republic of Kazakhstan

1. Violation of the procedure for use of the air space of the Republic of Kazakhstan, specifically flights of aerial vessels and other flight vehicles, conduct of all the types of shootings, rocket launching, explosive works and carrying out of another activity linked with the movement of material objects in the air space of the Republic of Kazakhstan committed in the form of:

1) carrying out the activity without representation of the flight plan (upon flights in uncontrollable air space without notifying) and (or) without permission for carrying out of the activity constituting a security threat of the flights of aerial vehicles;

2) flight of the group of aerial vehicles, the number of which exceeds the number stated in the permission;

3) non-compliance with the regimes of using the air space by aerial vehicles;

4) landing of aerial vehicles on aerodrome that is not stated in the flight plan, except for the cases of forced landing and direction to the alternate aerodrome;

5) flight of the aerial vehicle without permission of the Ministry of defence of the Republic of Kazakhstan over the territory of forbidden zone and restricted area;

6) deviations from airways, route axes on distances of more established norms, except for cases of obvious threat to security of flights and prevention of aviation incident;

7) non-execution of commands of the bodies of air traffic service or air traffic control by users of the air space, with the exception of obvious security threat of flights and prevention of the aviation accidents, shall –

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

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

entail a fine on individuals in amount of fifteen, on civil servants – in amount of twenty five monthly calculation indices, with the confiscation of the subject that was an instrument for commission of the infraction.

Footnote. Article 563 with the change made by the Law of the Republic of Kazakhstan from 10.05.2017 № 64-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 564. Violation of the flight safety rules

1. Placement of any signs and devices in the area of aerodrome being similar to the identification marks and devices being accepted for aerodrome identification, or firing of pyrotechnic products without the permission of the administration of airport, aerodrome, or installation of the objects that promote mass gathering of birds being dangerous for flights of aerial vehicles, shall –

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

2. Failure to comply with the rules on placement of the night and day identification marks or devices on buildings and structures, shall –

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

3. Damage of the aerodrome equipment, aerodrome signs, aerial vehicles and their equipment, shall –

entail a fine on individuals in amount of fifty monthly calculation indices.

4. Passage or transit without the proper permission through the territory of airports (except for airport terminals), aerodromes, objects of radio and light supply of the flights, shall –

entail a fine on individuals in amount of one monthly calculation indices.

5. Creation of a situation by persons on the aircraft as passengers threatening the safety of a flight on board an aircraft, except for the case provided by part 1-2 of Article 441 of this Code, shall –

entail a fine on individuals in amount of two hundred monthly calculation indices or administrative arrest for the term up to fifteen days.

Footnote. Article 564 with the change made by the Law of the Republic of Kazakhstan from 10.05.2017 № 64-VI (shall be enforced after ten calendar days after day of its first official publication); dated 19.04.2019 № 249-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 565. Work permit to the aviation personnel that did not pass professional training or that does not have the relevant qualification

Work permit to the aviation personnel that did not pass professional training or that does not have the relevant qualification, shall –

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

Article 565-1. Violation of requirements for medical examination in the sphere of civil aviation

1. The non-compliance by the aviation medical expert with requirements for medical examination in the sphere of civil aviation constituting danger to performance of flights –

subject to fine a rate of hundred monthly settlement indicators.

2. The action provided by part one of the present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine a rate of two hundred monthly settlement indicators.

3. Concealment by the person who is directly connected with performance and ensuring flights of aircrafts, service of air traffic, information on existence at him of a disease known to him and constituting danger to performance of flights, during passing of medical examination –

subject to finea rate of hundred eighty monthly settlement indicators.

4. The action provided by a part of the third present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to finea rate of two hundred monthly settlement indicators.

Footnote. Chapter 30 is supplemented with article 565-1 according to the Law of the Republic of Kazakhstan from 10.05.2017 № 64-VI (shall be enforced after ten calendar days after day of its first official publication); with the changes made by the Law of the Republic of Kazakhstan of t 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 565-2. Non-execution or inadequate execution of the plan of the correcting actions or non-presentation of the notice by the supplier of air navigation service

Non-execution or inadequate execution by the certificate holder of the supplier of air navigation service of the plan of the correcting actions at the scheduled time or non-presentation of the notice by the supplier of air navigation service of changes of functional systems of the organization of air traffics –

subject to fine small business entities at a rate of two hundred, on subjects of average business – at a rate of five hundred, on subjects of large business – of two thousand monthly settlement indicators.

Footnote. Chapter 30 is supplemented with article 565-2 according to the Law of the Republic of Kazakhstan from 10.05.2017 № 64-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 566. Violation of the rules of conduct on aerial vehicle

1. Violation of the rules of conduct on aerial vehicle committed in the form of non-execution of the regulations of a commander of aerial vehicle or other crew members by a person being on the aerial vehicle, if the acts of this person do not create security threat of the flight, shall –

entail a fine in amount of three monthly calculation indices.

2. Use of services of cellular, trunking communication onboard the aircraft at all stages of flight, radio-electronic means and high-frequency devices of household purpose at stages of taxing, ascent, landing approach of the aircraft, except for use of cellular communication and radio-electronic means onboard the aircraft in the autonomous mode "in flight", -

subjects prevention or a fine to a rate of five monthly settlement indicators.

3. The acts provided by parts one and two of this Article committed repeatedly second time within a year after imposition of the administrative sanction, shall –

entail a fine in amount of ten monthly calculation indices.

Footnote. Article 566 with the change made by the Law of the Republic of Kazakhstan from 10.05.2017 № 64-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 567. Non-fulfillment or improper fulfillment of the obligations by a carrier on rendering of services to a passenger upon cancellation or delay of flight due to the fault of the carrier or delay, cancellation of the flight due to late arrival of aerial vehicle, route change of carriage

1. Non-fulfillment or improper fulfillment of the obligations by a carrier provided by the legislation of the Republic of Kazakhstan on use of air space of the Republic of Kazakhstan and activity of aviation on rendering of services to a passenger upon cancellation or delay of flight due to the fault of the carrier or delay, cancellation of the flight due to late arrival of aerial vehicle, route change of carriage, shall –

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

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

entail a fine in amount of one thousand monthly calculation indices.

Article 568. Intended concealment of aviation accident or incident

Intended concealment of aviation accident, incident or details on them or deviation of information, or damage or destruction of the aircraft or ground facilities of objective control or other evidential matters linked with the aviation accident or incident, shall –

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

Article 569. Violation of the safety rules for operation of aerial vehicles

1. Violation of the procedure for access to performance of flights of aerial vehicles or the rules for training and performance of the flights, with the exception of the cases provided by parts two, three, four, five, six, seven and eight of this Article, if these actions carelessly entailed infliction of light harm to health of an injured party, shall –

entail a fine on individuals in amount of thirty monthly calculation indices with the deprivation of the right to operate the aerial vehicle (air traffic service, technical maintenance of aerial vehicle) for the term of six months, on civil servants – in amount of thirty, on legal entities – in amount of fifty monthly calculation indices.

2. Take off on aerial vehicle in existence of the defects with which it is prohibited to begin the flight operations without the permission of the authorized organization in the field of civil aviation, or with the violation of the passenger capacity (cargo capacity) standards or of the restrictions on flying weight or aircraft center-of-gravity, shall –

entail a fine on a commander of the aerial vehicle in amount of forty monthly calculation indices or deprivation of the right to operate the aerial vehicle for the term of one year.

3. Operation of the aerial vehicle by a person that does not have the right of its operation, shall –

entail a fine in amount of forty monthly calculation indices.

4. Operation of the aerial vehicle that did not pass the state registration or not having the state and registering identification marks, or not recorded in the authorized authority in the field of civil aviation, or having knowingly false state and registering identification marks, shall –

entail a fine on a commanding officer of the aerial vehicle in amount of forty monthly calculation indices or deprivation of the right to operate the aerial vehicle for the term of one year.

5. Operation of the aerial vehicle on which there are no vehicle and flight documents provided by the legislation of the Republic of Kazakhstan, or operation of the aerial vehicle by a flight crew member that does not have the documents for the right to operate this type of the aerial vehicle, shall –

entail a fine in amount of forty monthly calculation indices.

6. Permit to flight of the aerial vehicle that did not pass the state registration or that does not have state and registration of identification marks, or not registered with an authorized organization in the field of civil aviation, or which has deliberately forged state and registration identification marks, or which does not have a ship and flight documentation provided for by the legislation of the Republic of Kazakhstan, or on which the flight or cabin crew is not staffed, or which has malfunctions, with which its operation is prohibited without a permit issued by an authorized organization in the field of civil aviation, or on which the passenger capacity (cargo capacity) standards are violated, or restrictions on the flight weight or balance of an aircraft, as well as admission to service or maintenance of an aircraft by a person who does not have the right to do so or is in a state of intoxication, shall –

entail a fine on individuals and civil servants in amount of forty, on legal entities – in amount of one hundred monthly calculation indices.

7. Performance of flights by aerial vehicles on the board of which there are no search and emergency-rescue means provided by the legislation of the Republic of Kazakhstan, shall –

entail a fine on individuals and civil servants in amount of forty, on legal entities – in amount of one hundred monthly calculation indices.

8. Damage or loss of aviation personnel certificate, shall –

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

Footnote. Article 569 as amended by the Law of the Republic of Kazakhstan dated 19.04.2019 № 249-VI (shall be enforced from 01.08.2019).

Article 570. Violation of requirements for ensuring aviation safety

Footnote. Article 570 heading in edition of the Law of the Republic of Kazakhstan from 10.05.2017 № 64-VI (shall be enforced after ten calendar days after day of its first official publication).

1. Non-execution or inadequate execution of requirements for ensuring aviation safety –

subject to fine natural persons at a rate of twenty, on officials – at a rate of forty, on legal entities – at a rate of hundred monthly settlement indicators.

2. Failure to take measures on maintenance of the fences of the territory perimeter of airport, aerodrome, if these actions did not entail the aviation accident or incident, shall –

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

Footnote. Article 570 with the changes made by the Law of the Republic of Kazakhstan from 10.05.2017 № 64-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 571. Violation of the rules of carriage of passengers, luggage and cargo

1. Violation of the rules of international transport of passengers, baggage and freights, except for transportations automobile and by rail, –

entail a fine in amount of fifty monthly calculation indices.

2. Violation of the rules of transportations of passengers and baggage by the motor transport –

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 twenty five monthly calculation indices.

2-1. Violation of the rules of transportation of goods by the motor transport –

subjects a fine to subject to fine to natural persons at a rate of five, on small business entities – at a rate of ten, on subjects of average business – at a rate of fifteen, on subjects of large business – at a rate of twenty five monthly settlement indicators.

3. The actions provided by parts of the second and 2-1 present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine natural persons at a rate of ten, on small business entities – at a rate of fifteen, on subjects of average business – at a rate of twenty, on subjects of large business – at a rate of fifty monthly settlement indicators.

4. Violation of the rules of transportation of goods, passengers, baggage and cargo baggage by rail –

subject to fine natural persons at a rate of five, on officials – at a rate of ten, on small business entities – at a rate of fifteen, on subjects of average business – at a rate of twenty five, on subjects of large business – at a rate of thirty five monthly settlement indicators.

5. Transportation of dangerous freights by vehicles or specialized vehicles with violation of the established rules, and it is equal without special permission to transportation of dangerous freight of classes 1, 6 and 7 –

subject to fine natural persons at a rate of twenty, on small business entities – at a rate of thirty, on subjects of average business – at a rate of forty, on subjects of large business – at a rate of fifty monthly settlement indicators.

6. The journey of heavy vehicles with excess of weight parameters including fixed with use of the special automated measuring means, and it is equal without special permission –

subject to fine excess of admissible weight parameters from one to five tons on natural persons at a rate of forty, on small business entities – at a rate of eighty, on subjects of average business – at a rate of hundred twenty, on subjects of large business – at a rate of two hundred monthly settlement indicators, at excess from five to ten tons on natural persons – at a rate of eighty, on small business entities – at a rate of hundred thirty, on subjects of average business – at a rate of hundred eighty, on subjects of large business – at a rate of two hundred eighty monthly settlement indicators, at excess from ten tons and above on natural persons – at a rate of hundred eighty, on small business entities – at a rate of four hundred eighty, on subjects of average business – at a rate of seven hundred eighty, on subjects of large business – of one thousand monthly settlement indicators.

7. The journey of large-size vehicles with excess of dimensional parameters including fixed with use of the special automated measuring means, and it is equal without special permission –

subject to fine to natural persons at a rate of twenty, on small business entities – at a rate of thirty, on subjects of average business – at a rate of forty, on subjects of large business – at a rate of fifty monthly settlement indicators.

8. Journey of large-size and (or) heavy vehicles with excess of one of parameters or a deviation from the route or terms specified in special permission –

subject to fine to natural persons at a rate of twenty, on small business entities – at a rate of thirty, on subjects of average business – at a rate of forty, on subjects of large business – at a rate of fifty monthly settlement indicators.

9. Excess of the admissible weight parameters by the consignor in excess of one ton and (or) dimensional parameters established by the legislation of the Republic of Kazakhstan in the course of loading of vehicle –

subject to fine to natural persons at a rate of thirty, on small business entities – at a rate of fifty, on subjects of average business – at a rate of eighty, on subjects of large business – at a rate of hundred monthly settlement indicators.

Footnote. Article 571 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 571-1. Non-presentation of the commodity-transport consignment note by carrier (the act of measurement or weighing), the waybill at implementation of transportations by the motor transport

1. Non-presentation of the consignment voucher by carrier (act of measurement or weighing, CMR), the waybill at implementation of transportation of freight, passengers and baggage by vehicle, and is equal their not filling –

subject to fine natural persons at a rate of twenty, on small business entities – at a rate of forty, on subjects of average business – at a rate of fifty, on subjects of large business – at a rate of sixty monthly settlement indicators.

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

subject to fine natural persons at a rate of thirty, on small business entities – at a rate of sixty, on subjects of average business – at a rate of seventy, on subjects of large business – at a rate of eighty monthly settlement indicators.

Footnote. Chapter 30 is supplemented with article 571-1 according to the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of 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 572. Violation of the regime of labour and rest of drivers upon carrying out of automobile carriage of passengers, luggage or cargo

1. Operation of mechanical transport vehicles without the control devices for recording the regimes of labour and rest of drivers (tachographs) or with such properly operating devices being turned off or with unfilled diagram sheets, or with application of previously used diagram sheets or without the use of electronic cards in case of applying electronic (digital) tachographs, and equally without maintenance of the daily registry sheets of the regime of labour and rest of the drivers (in case of defect of the control device) upon carrying out of:

1) automobile carriage of hazardous cargo;

2) international automobile carriage of passengers, luggage and cargo;

3) long-distance interregional regular automobile transportations of passengers and baggage;

4) international, inter-oblast, inter-district (international intra-oblast) non-scheduled automobile carriage of passengers and luggage, 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.

2. Violation of the regime of labour and rest by the drivers of mechanical transport vehicles upon carrying out of automobile carriage of passengers, luggage or cargo, shall –

entail a fine in amount of ten monthly calculation indices.

Footnote. Article 572 with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 573. Violation of the Rules for applying the authorization system of automobile carriage in the Republic of Kazakhstan in international traffic

1. Carrying out of international automobile carriage by foreign persons or foreign legal entities in a territory of the Republic of Kazakhstan without the permit or special permit in the cases provided by the legislation of the Republic of Kazakhstan on automobile transport, shall –

subject to fine drivers of vehicles at a rate of two hundred, on legal entities – at a rate of five hundred monthly settlement indicators.

2. Use of foreign permit to mechanical transport vehicle by a domestic carrier that is not specified in the records of access of the domestic carrier, shall –

entail a fine 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 forty monthly calculation indices.

3. Transfer of the forms of foreign permits by one domestic carrier to another domestic carrier, shall –

entail a fine 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 forty monthly calculation indices.

4. Violation of the coordinated route plan by a driver upon carrying out of carriage of passengers and luggage in international traffic, shall –

entail a fine in amount of ten monthly calculation indices.

5. Use of domestic permit by a foreign carrier that is not registered in accordance with the Rules for applying the authorization system of automobile carriage in the Republic of Kazakhstan in the international traffic, shall –

entail a fine on drivers of mechanical transport vehicles in amount of twenty monthly calculation indices.

6. Implementation of the international automobile transportation in the presence of not executed notice issued by authorized body of transport control of member states of the Eurasian Economic Union and also a deviation from the route specified in the notice –

subject to fine a rate of hundred monthly settlement indicators.

7. Implementation of replacement (peretsepk) of the tractor or the truck on other tractor or the truck which isn't registered in the state of registration of carrier, –

subject to fine drivers of vehicles at a rate of two hundred, on legal entities – at a rate of five hundred monthly settlement indicators.

Footnote, Article 573 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 574. Absence of the lists of passengers at drivers of mechanical transport vehicles upon carrying out of unscheduled international automobile carriage of passengers and luggage

Footnote. Article 574 is excluded by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 575. Carrying out of automobile carriage in a territory of the Republic of Kazakhstan by automobile transport vehicles registered in a foreign state

Carriage of passengers, luggage or cargo by automobile transport vehicles registered in a territory of a foreign state between the points located in the territory of the Republic of Kazakhstan, with the exception of carriage by the automobile transport vehicles temporary imported to the territory of the Republic of Kazakhstan, shall –

subject to fine a rate of hundred monthly settlement indicators.

Footnote. Article 575 with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 576. Absence of the contract of carriage at drivers of mechanical transport vehicles upon carrying out of unscheduled automobile carriage of passengers and luggage in the intra-republican communication

Footnote. Article 576 is excluded by the Law of the Republic of Kazakhstan № 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 577. Carriage of passengers between the points in a territory of the Republic of Kazakhstan upon carrying out of regular carriage in international traffic

1. Organization of selling travel documents (tickets) for carriage of passengers between the points in a territory of the Republic of Kazakhstan upon carrying out of regular carriage in international traffic, 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 monthly calculation indices.

2. Carriage of passengers by mechanical transport vehicles between the points in a territory of the Republic of Kazakhstan upon carrying out of regular carriage in the international traffic, shall –

entail a fine on drivers of mechanical transport vehicles in amount of thirty monthly calculation indices.

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

entail a fine 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 forty monthly calculation indices.

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

entail a fine on drivers of automobile transport vehicles in amount of fifty monthly calculation indices.

Article 578. Violation of the rules ensuring the safety of traffic on a marine transport

1. Violation of the established order of maneuvering and movement of the vessels on a marine transport, non-compliance with the prescribed speed of movement, requirements for giving audio and light alarms, bearing ship lights and signs, premeditated stoppage or dockage of a vessel in forbidden places, violation of the procedure for vessel towing, as well as failure to perform the compulsory requirements of a dispatcher, shall –

entail a fine in amount of seven monthly calculation indices.

2. Performance of diving operations without the proper permit in harbor waters or non-compliance with the rules for signaling during these works, shall –

entail a fine in amount of ten monthly calculation indices.

Article 579. Damage of the structures and devices of signaling and communicating on a marine transport

Damage of the structures and devices of signaling and communicating on a marine transport, shall –

entail a fine in amount of ten monthly calculation indices.

Article 580. Violation of the rules ensuring safety of passengers in vessels of a marine and river transport, as well as small size vessels

Absence, understaffing or use of the rescue and emergency means and equipment with the expired term of certification on the vessels of a marine and river transport, as well as small size vessels, violation of the requirements on equipping the gangways and ladders on the vessels of a marine and river transport, shall –

entail a fine in amount of ten monthly calculation indices.

Article 581. Violation of the rules for releasing a vessel in sailing or permit for operation of the vessel by the persons that do not have the relevant diploma (certificate, identity document)

1. Release (route) of a vessel (except for the small size vessel) in sailing without the documents certifying belonging of the vessel, its seaworthiness with the unstaffed crew team, upon non-conformance of the technical condition of the vessel to available documents, with the violation of established rules for loading, passenger capacity standards, restrictions in the area and conditions for sailing, as well as permit for operation of the vessel or its mechanisms and equipment by the persons that do not have the relevant diploma (certificate, identity document), shall –

entail a fine in amount of twenty monthly calculation indices.

2. Release of small size vessels in sailing that are not registered in established manner or did not pass technical inspection (examination), or that have the defects with which their operation is prohibited, or unstaffed with equipment, or re-equipped without the relevant permit, as well as the permit for operation of the small size vessels by the persons that do not have the right of operation of these vessels, shall –

entail a fine on civil servants, 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.

Article 582. Violation of the rules for operation of vessels, including small size vessels, as well as operation of the vessel, including small size vessel by the person that does not have the right of operation

1. Operation of a vessel (including small size vessel) that is not registered in established manner or did not pass technical inspection (examination), or that does not have the side numbers and designations, or that is reequipped without the relevant permit, or that has defects with which its operation is prohibited, or with violation of the rules for loading of passenger capacity standards, restrictions in the area and conditions of sailing, shall –

entail a fine in amount of fifteen monthly calculation indices.

2. Operation of a vessel, including small size vessel by the person that does not have the right of operation of this vessel, including small size vessel, and equally operation of the vessel, including small size vessel, by the person that does not have the document confirming the right of operation of this vessel, including small size vessel or transfer of operation of such vessel, including small size vessel to the person that does not have the right of operation, shall –

entail a fine in amount of ten monthly calculation indices.

3. Operation of a vessel, including small size vessel in the absence of vessel documents, as well as with the violation of requirements submitted to the vessel documents, shall –

entail a fine in amount of five monthly calculation indices.

4. Operation of a vessel, including small size vessel with knowingly false or forged registering side numbers and designations, shall –

entail a fine in amount of twenty monthly calculation indices.

5. Control of the small size vessel without the put-on and fastened individual saving means on the faces which are on the small size vessel or the towed swimming means –

subject to fine natural persons at a rate of five monthly settlement indicators.

Footnote. Article 582 with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 583. Violation of the rules of swimming on internal waterways

Footnote. Article 583 heading in edition of the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

1. Violation by boatmasters of vessels (except undersized) the traffic regulation and giving sound and light signals, executions of ship fires and signs and also damage of port and hydraulic engineering constructions and the equipment –

entail a fine in amount of five monthly calculation indices.

2. Excess of the established speed by navigators of small size vessels and other floating objects, non-compliance with the requirements, navigation marks, premeditated stoppage or dockage of a vessel in forbidden places, damage of water development facilities or technical means and signs of the shipping and navigation circumstances, violation of the rules for maneuvering, giving audio alarms, bearing of side lights and marks, shall –

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

3. Violation of the other rules for using small size vessels by the navigators of the small size vessels, shall –

subject to fine a rate of one monthly settlement indicator.

Footnote. Article 583 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 584. Violation of the rules ensuring security of operation of vessels on inland water ways

1. It is excluded by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

2. Destruction, damage, breakage, illegal displacement of floating and non-floating aids to navigation, communication and signalling, violation of the rules for maintenance, operation and established work regime of the navigational equipment on bridges, dams and other water development facilities, installation of signs, structures, sources of audio and light alarms without the proper permit (coordination), creating noises in identifying the navigation marks and alarms, shall –

entail a fine in amount of ten monthly calculation indices.

3. Discharge of rubbish and other subjects overboard, shall –

subject to fine a rate of one monthly settlement indicator.

Footnote. Article 584 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 585. Violation of the rules of loading, unloading and warehousing of freights in river ports and on piers

1. Violation of specifications of loading, unloading and warehousing of freights in river ports and on piers, specifications of fastening of freights in the vessel, not execution of the act of loading (unloading) of freight –

subject prevention.

2. The actions provided by part one of the present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine a rate of two monthly settlement indicators.

Footnote. Article 585 in edition of the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 586. Violation of the rules of using the bases (structures) for dockages of small size vessels

1. Violation of the standards for basing small size vessels, conditions and technical requirements for a safety operation of the bases (structures), and equally maintenance of the small size vessels on the mentioned bases (structures) that are not registered in established manner on the bases (structures) for dockage of the small size vessels, shall –

entail a fine on individuals and civil servants 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.

2. Non-compliance with the established control regime of releasing small size vessels in sailing and return to the base, shall –

entail a notification or fine on individuals and civil servants in amount of five monthly calculation indices.

Article 587. Violation of the requirements on operation of port structures

Violation or non-compliance with the terms for conduct of regular and periodical technical inspections of the port structures, being in defective condition or non-conformance of the mooring devices and fenders of berthing facilities to own characteristics, as well as the absence of examination record book of the port structures and passport of a sea port, shall –

entail a fine on individuals and civil servants in amount of five monthly calculation indices.

Article 588. Violation of the rules for investigation of accidents and traffic accident with vessels, including small size vessels

1. Non-representation of information by a ship captain, ship owner, civil servant of water development facilities to the transport control bodies on emergency case with a vessel of marine transport, on traffic accident with a vessel of river transport, shall –

entail a fine on individuals and civil servants 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 forty monthly calculation indices.

2. Non-representation of information by a navigator or ship owner to the transport control bodies on traffic accident with a small size vessel, shall –

entail a fine on individuals and civil servants 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.

3. Non-representation or untimely representation of materials, certificates, explanatory notes, extracts from vessel documents or other information required for conduct of investigation upon request of the body or civil servant conducting the investigation of emergency case or traffic accident, shall –

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

Article 589. Violation of the rules of fire security in transport

1. Violation of the rules of fire security established in transport, shall –

entail a fine in amount of five monthly calculation indices.

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

entail a fine in amount of ten monthly calculation indices.

Article 590. Violation of the rules for operation of transport vehicles

1. Operation of the registered vehicle with unreadable or non-compliant to the requirements of the national standard or the state registration plates (plate) established out of the provided places –

entail a fine in amount of five monthly calculation indices.

2. Operation of a transport vehicle without the state registering number plates (plate) or after prohibition of its operation, or that is not registered in the established manner, shall –

entail a fine in amount of ten monthly calculation indices.

2-1. The action provided for in part two of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -

entails a fine in the amount of twenty monthly calculation indices or deprivation of the right to drive vehicles for a period of one year.

3. Installation of knowingly false or forged state registering number plates (plate) on a transport vehicle, shall –

subject to fine natural persons at a rate of fifteen, on officials – at a rate of fifty, on small business entities or non-profit organizations – at a rate of hundred, on subjects of average business – at a rate of two hundred, on subjects of large business – at a rate of four hundred monthly settlement indicators.

4. Driving (I am familiar) with obviously false or counterfeit state registration registration plates, and driving with the state registration registration plates equipped with use of the devices and materials interfering identification of the state registration registration plates (sign) or allowing them is equal to alter or to hide, –

entails administrative arrest for up to five days and deprivation of the right to drive vehicles for a period of one year.

4-1. An action provided for in part four 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 forty monthly calculation indices and deprivation of the right to drive vehicles for a period of one year.

5. Operation of a transport vehicle non-confirming the requirements of technical regulations, national standards, as well as with the faults or conditions under which the exploitation of vehicles shall be prohibited, with the exception of cases provided by part six of this Article, –

entail a fine in amount of five monthly calculation indices.

6. Operation of the transport vehicles that have the defects of braking system, steering control, tow hitch, shall –

entail a fine in amount of fifteen monthly calculation indices.

7. Operation of the transport vehicle being reequipped without the relevant permit, shall –

entail a fine in amount of fifteen monthly calculation indices.

8. Release of the mechanical transport vehicles into operation that did not pass the pre-trip (pre-shift) technical inspection, as well as permit to operation to the driver that did not pass pre-trip (pre-shift) medical inspection, upon carrying out of regular or unscheduled automobile carriage of passengers, luggage, as well as carriage of cargo, shall –

subject to fine officials and small business entities at a rate of thirty, on subjects of average business – at a rate of forty, on subjects of large business – at a rate of fifty monthly settlement indicators.

9. Operation of the transport vehicle that did not pass the state or compulsory technical inspection, shall –

entail a fine in amount of five monthly calculation indices.

10. The actions provided by parts of the first, fifth, sixth, seventh and ninth present article, made repeatedly within a year after imposing of an administrative penalty –

entail a fine in amount of twenty monthly calculation indices.

Note. The transport vehicles in this chapter of the Code shall be regarded as all the types of automobiles, tractors and other self-propelled vehicles, trams, trolleys, as well as motorcycles and other mechanical transport vehicles.

Footnote. Article 590 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); № 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication); dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 591. Use of phone or radio station by a driver upon operation of a transport vehicle

1. Use of phone or radio station by a driver upon operation of a transport vehicle, shall –

entail a fine in amount of five monthly calculation indices.

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

entail a fine in amount of ten monthly calculation indices.

Note. During operation of a transport vehicle, it is allowed to use phone or radio station by using headphones or speaker phone.

Article 592. Excess of the established speed of the movement

Footnote. Article 592 heading in edition of the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

1. Excess of the established speed of the movement of the vehicle at a size from ten to twenty kilometers per hour –

subject to fine a rate of five monthly settlement indicators.

2. Exceeding of established driving speed of the transport vehicle in a range from twenty to forty kilometres per hour, shall –

subject to fine a rate of ten monthly settlement indicators.

3. Exceeding the established speed of the vehicle by amount of forty or more kilometers per hour, shall –

subject to fine a rate of twenty monthly settlement indicators.

4. The actions provided by parts of the second and third present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine a rate of thirty monthly settlement indicators.

Footnote. Article 592 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 593. Non-compliance with requirements for transportation of the passengers and freights, to use of seat belts or crash helmets provided by traffic regulations

1. Non-compliance with rules of transportation of passengers and freights –

subject to fine a rate of five monthly settlement indicators.

1-1. Forcible debussing of a person under the age of sixteen, traveling unaccompanied by his parents and (or) his legal representative, –

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

2. Non-compliance with instructions for use seat belts or crash helmets –

subject to fine a rate of five monthly settlement indicators.

3. The actions provided by parts of the first and second present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine a rate of ten monthly settlement indicators.

Footnote. Article 593 in edition of the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); as amended by the laws of the Republic of Kazakhstan dated 15.04.2024 № 73-VIII (shall be enforced sixty calendar days after the day of its first official publication).

Article 594. Violation of the rules for passage of crossroads or intercrossing of carriage way

1. Driving on a crossroad or intercrossing of carriage way in the case of formed jam that lead to creation of the obstacle (jam) for the flow of transport vehicles in a transverse direction, shall –

Subjects to prevention or a fine a rate of three monthly settlement indicators.

2. Non-performance of the requirement of the road traffic rules to give the road to a transport vehicle enjoying the right of priority of passing the crossroads, shall –

entail a fine in amount of fifteen monthly calculation indices.

3. It is excluded by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

4. The actions provided by part one of the present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine a rate of seven monthly settlement indicators.

5. The action provided by a part of the second present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine a rate of twenty monthly settlement indicators.

Footnote. Article 594 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 595. Violation of the rules of maneuvering

1. Non-performance of the requirement of the road traffic rules to set a signal before moving, turning or stopping, shall –

entail a fine in amount of five monthly calculation indices.

2. The movement by a backing in places where such maneuvers are forbidden, –

entail a fine in amount of ten monthly calculation indices.

3. Non-performance of the requirement of the road traffic rules to give the road to a transport vehicle enjoying the right of priority of moving, with the exception of cases provided by a part two of Article 594 and Article 598 of this Code, shall –

entail a fine in amount of fifteen monthly calculation indices.

4. The actions provided by parts of the second and third present article perfect repeatedly within a year after imposing of an administrative penalty, –

entail a fine in amount of twenty monthly calculation indices.

Footnote. Article 595 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 596. Violation of the rules of situation of a transport vehicle on a carriage way, opposite pass-by or overdrive

1. Moving on pedestrian footpaths, waysides or sidewalks in violation of the road traffic rules, shall –

entail a fine in amount of fifteen monthly calculation indices.

2. Violation of the rules of an arrangement of the vehicle on a carriageway, counter travel or overtaking, and is equal crossing of an organized transport or pedestrian column or occupation of the place in her –

subject to fine a rate of fifteen monthly settlement indicators.

3. Departure on the party of a carriageway intended for oncoming traffic in cases if it is forbidden by traffic regulations, including interfaced to a turn or turn, –

subjects deprivation of the right for control of vehicles for the term of six months.

4. The actions provided by parts one and two of this Article committed repeatedly second time within a year after imposition of the administrative sanction, shall –

entail a fine in amount of thirty monthly calculation indices.

5. The action provided by a part three of this Article committed by a person deprived of the right of operation of a transport vehicle, shall –

entail a fine in amount of fifty monthly calculation indices.

Footnote. Article 596 with the changes made by the Laws of the Republic of Kazakhstan from 7/3/2017 № 83-VI (shall be enforced after ten calendar days after day of its first official publication); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 597. Violation of the rules for stopping or parking of transport vehicles

1. Violation of the rules of a stop or the parking of vehicles, except for the cases provided by parts of the second, third present article –

subject to fine a rate of five monthly settlement indicators.

2. Violation of the rules for stopping or parking of vehicles on a sidewalk, as well as stopping or parking of vehicles on garden beds, children’s playgrounds and sports grounds, shall –

subject to fine a rate of ten monthly settlement indicators.

3. Violation of the rules for stopping or parking of transport vehicles on a carriage way that entailed creation of the obstacles for moving of other transport vehicles, shall –

subject to fine a rate of ten monthly settlement indicators.

4. Violation of the rules for stopping or parking vehicles in places designated for stopping or parking vehicles of persons with disabilities, –

subject to fine a rate of ten monthly settlement indicators.

4-1. Avoidance from payment for parking at the places equipped by the special certified devices designated for taking payment for parking and recording time of parking of transport vehicles determined by the local executive bodies of oblasts, cities of republican significance and the capital, shall –

entail a fine in amount of three monthly calculation indices.

4-2. The action provided by a part 4-1 of this Article committed repeatedly second time within a year after imposition of the administrative sanction, shall –

entail a fine in amount of five monthly calculation indices.

5. The actions provided by part one of the present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine a rate of ten monthly settlement indicators.

5-1. The actions provided by parts of the second and third present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine a rate of fifteen monthly settlement indicators.

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

subjects to fine rate of fifteen monthly settlement indicators.

Footnote. Article 597 as amended by the Law of the Republic of Kazakhstan dated 05.05.2015 № 312-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 598. Non-provision of a priority while moving to the vehicle of operative and special services with the turned on special light and sound signals

1. Non-provision of a priority while moving to the vehicle of operative and special services as well as to a vehicle that has special color schemes, inscriptions and designations printed on the outer surfaces with a flashing beacon and a special sound signal turned on at the same time, shall -

entail a fine in amount of seven monthly calculation indices.

2. Action 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 fifteen monthly calculation indices.

Footnote. Article 598 is in the wording of 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 599. Driving through red traffic light or through restricted gesture of a traffic-controller

1. Driving through red traffic light or through restricted gesture of a traffic-controller, with the exception of cases provided by a part one of Article 607 of this Code, shall –

entail a fine in amount of ten monthly calculation indices.

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

subject to fine a rate of fifteen monthly settlement indicators.

Footnote. Article 599 with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 600. Non-provision of a priority while moving to pedestrians or other road traffic participants

1. Non-fulfillment of the requirements of the road traffic rules to give the road to pedestrians or other road traffic participants, with the exception of the drivers of transport vehicles taking priority while moving, shall –

entail a fine in amount of ten monthly calculation indices.

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

subject to fine a rate of fifteen monthly settlement indicators.

Footnote. Article 600 with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 601. Non-compliance with the requirements prescribed by road signs or marking of a carriage way

1. Non-compliance with the requirements prescribed by road signs or marking of a carriage way, with the exception of cases provided by the other Articles of this chapter, shall –

subject to fine a rate of three monthly settlement indicators.

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

entail a fine in amount of ten monthly calculation indices.

Footnote. Article 601 with the change made by the Law of the Republic of Kazakhstan from 7/3/2017 № 83-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 602. Violation by drivers of vehicles of instructions for use external light devices and (or) sound signals, use of the alarm system

Footnote. Article 602 heading in edition of the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

1. Violation by drivers of vehicles of instructions for use external light devices during daylight hours and (or) sound signals –

attracts prevention or a penalty at a rate of three monthly settlement indicators.

1-1. Violation by drivers of vehicles of instructions for use external light devices in night-time or in the conditions of insufficient visibility, use of the alarm system and the sign of an emergency stop –

subject to fine a rate of five monthly settlement indicators.

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

subject to fine a rate of five monthly settlement indicators.

3. The actions provided by a part of 1-1 present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine a rate of seven monthly settlement indicators.

Footnote. Article 602 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 603. Violation of the rules for installation of devices on a transport vehicle for giving special light and (or) audio alarms or illegal marking of the special colour schemes of the automobiles of operative and special services

1. Installation of the lights with red colour or reflective arrangements of red color on a front element of a transport vehicle, and equally the lights the colour and work regime of which do not conform to the requirements of admission of the transport vehicles to operation, shall –

subject to fine natural persons at a rate of fifteen, on small business entities or non-profit organizations – at a rate of seventy, on subjects of average business – at a rate of hundred fifty, on subjects of large business – of one thousand monthly settlement indicators, with confiscation of the specified devices and devices.

2. Installation of devices for giving special light and (or) audio alarms (with the exception of security alarm) on a transport vehicle without the relevant permit, shall –

subject to fine natural persons at a rate of twenty five, on small business entities or non-profit organizations – at a rate of hundred, on subjects of average business – at a rate of two hundred, on subjects of large business – of one thousand monthly settlement indicators, with confiscation of the specified devices.

3. Illegal marking of the special color schemes of the automobiles of operative and special services on exterior surface of a transport vehicle, shall –

subject to fine natural persons at a rate of twenty five, on small business entities or non-profit organizations – at a rate of hundred, on subjects of average business – at a rate of two hundred, on subjects of large business – of one thousand monthly settlement indicators.

Footnote. Article 603 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 604. Violation of the rules for training of drivers of transport vehicles

Footnote. Article 604 is excluded 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 605. Violation of the law of the Republic of Kazakhstan about traffic

Footnote. Article 605 is excluded 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 606. Violation of the traffic rules by a road traffic participant that entailed creation of emergency situation

1. Violation of the traffic rules by a road traffic participant that entailed creation of emergency situation, i.e. that forced the other road traffic participants to change speed, direction of movement dramatically, shall –

entail a fine in amount of ten monthly calculation indices.

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

entail the deprivation of the right of operation of transport vehicle for the term of six months.

Article 607. Violation of the rules for transit of railroad crossing

1. Crossing of a raiLawy track out of the raiLawy crossing, departure on the raiLawy crossing at the closed or closed barrier or at the forbidding signal of the traffic light or the person on duty on moving –

entail a fine in amount of ten monthly calculation indices.

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

entail the deprivation of the right of operation of transport vehicle for the tem of six months.

Footnote. Article 607 with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 608. Operation of a transport vehicle by the driver being in a state of alcohol, narcotic and (or) substance abuse intoxication, and equally transfer of operation of the transport vehicle to the person being in a state of alcohol, narcotic and (or) substance abuse intoxication

1. Operation of a transport vehicle by the driver being in a state of alcohol, narcotic and (or) substance abuse intoxication, and equally transfer of operation of the transport vehicle to the person being in a state of alcohol, narcotic and (or) substance abuse intoxication, shall –

entail the administrative arrest for fifteen days and deprivation of the right of operation of vehicle for the term of seven years.

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

3. The actions provided by a part one of this Article that entailed infliction of harm to health to an injured party that do not have the signs of a criminally punishable act, or damage of the transport vehicles, cargo, road and other structures or another property, shall –

entail the administrative arrest for a term of twenty days and deprivation of the right of operation of vehicles for the term up to seven years.

3-1. Actions provided by part one of this Article committed repeatedly second time within a year after expiration of the term of the administrative sanction, shall –

entail the administrative arrest for a term of twenty days and deprivation of the right of operation of vehicles for the term up to eight years.

3-2. Actions provided by part three of this Article committed repeatedly second time within a year after expiration of the term of the administrative sanction, shall –

entail the administrative arrest for a term of twenty days and deprivation of the right of operation of vehicles for the term up to nine years.

4. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 № 292-VІ (order of enforcement see Article 2).
5. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 № 292-VІ (order of enforcement see Article 2).

6. The actions provided by parts one, two and three of this Article committed by the persons that do not have the rights of operation of transport vehicles, shall –

entail the administrative arrest for the term up to twenty days.

7. The actions provided by a part six of this Article committed repeatedly second time within a year after expiration of the term of the administrative sanction provided by a part six of this Article, shall –

entail the administrative arrest for the term up to thirty days.

8. The actions provided by parts six and seven of this Article committed by the persons to which 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 two hundred monthly calculation indices.

Footnote. Article 608 as amended by the Law of the Republic of Kazakhstan dated 27.12.2019 № 292-VІ (order of enforcement see Article 2).

Article 609. Carrying out of regular automobile carriage of passengers and luggage without the relevant certificate confirming the right to service the routes of mentioned carriage

Footnote. Article 609 is excluded by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 610. The violation by drivers of vehicles of traffic regulations which has entailed infliction of harm to human health, damage of vehicles or other property

Footnote. Article 610 heading in edition of the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

1. The violation by drivers of vehicles of traffic regulations which has entailed the damage of vehicles, freights, roads, road and other constructions or other property which has caused material damage –

subject to fine a rate of twenty monthly settlement indicators or deprivation of the right of driving for a period of up to six months.

2. The same action that entailed infliction of light harm to health of an injured party, shall –

subject to fine a rate of forty monthly settlement indicators or deprivation of the right of driving for a period of up to nine months.

3. The actions provided by parts of the first and second present article, made by the person who doesn't have or deprived the right of driving –

subject to fine a rate of sixty monthly settlement indicators.

Footnote. Article 610 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 611. Non-fulfillment of the obligations by a driver due to traffic accident

1. Non-fulfillment of the obligations provided by the legislation of the Republic of Kazakhstan in the scope of road traffic by a driver due to traffic accident the participant of which he (she) is, with the exception of the cases provided by a part two of this Article, shall –

entail a fine in amount of five monthly calculation indices.

2. Leaving the place of the traffic accident in violation of the road traffic rules by a driver the participant of which he (she) was, shall –

entail a fine in amount of fifty monthly calculation indices or deprivation of the right of operation of vehicles for the term up to one year.

3. The action provided by a part two of this Article committed by the person being deprived of the right of operation of transport vehicle or that did not have the right of operation of transport vehicles, shall –

entail a fine in amount of one hundred monthly calculation indices or administrative arrest for the term of thirty days.

Note. The person that left the place of traffic accident due to rendering of medical assistance to an injured party shall be released from the liability in accordance with this Article.

Footnote. Article 611 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).

Articled 612. Operation of transport vehicle without the documents and that do not have the rights of operation

1. Driving a vehicle by a driver who does not have a driver's license or a temporary license issued in exchange for a driver's license for the right to drive, with the exception of those issued in the Republic of Kazakhstan if he has a document confirming the driver's identity; registration documents for a vehicle, with the exception of those issued in the Republic of Kazakhstan; other documents on the vehicle established by the legislation, –

entail a warning or a fine in the amount of five monthly calculation indices.

2. Operation of transport vehicle by the person that does not have the right of its operation (except for driving lessons), and equally operation of transport vehicle by the driver that does not have the right of operation of the relevant category of transport, shall –

entail a fine in amount of twenty monthly calculation indices.

3. Operation of transport vehicle by a driver being deprived of the right of operation of transport vehicle, shall –

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

4. The actions provided by a part of the second present article perfect repeatedly within a year after imposing of an administrative penalty, –

entail a fine in amount of thirty monthly calculation indices.

4-1. The actions provided by a part of the third present article perfect repeatedly within a year after imposing of an administrative penalty, –

entail a fine in amount of seventy monthly calculation indices or administrative arrest for fifteen days.

5. Transfer of operation of the transport vehicle to the person that does not have the right of operation (with the exception of cases of driving instruction in accordance with the established rules), or to the person being deprived of the right of operation of transport vehicle, shall –

entail a fine in amount of fifty monthly calculation indices.

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

entail a fine in amount of seventy monthly calculation indices.

Footnote. Article 612 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); № 166-VI dated 02.07.2018 (shall be enforced from 01.01.2019); dated 27.12.2019 № 292-VІ (order of enforcement see Article 2); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 01.02.2021 № 1-VII (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 613. Non-performance of the requirements of an employee of the bodies of internal affairs (police), transport control on the checkpoints of mechanical transport vehicles through the State Border of the Republic of Kazakhstan and on the posts of transport control in a territory of the Republic of Kazakhstan, military police, avoidance from passing certification of the state of alcohol, drug and (or) substance abuse intoxication

1. Non-performance of the legal requirement of an employee of the internal affairs authorities (police), military police (exceptionally by the person operating the vehicle of the national security authorities, Armed Forces of the Republic of Kazakhstan, other forces and military formations of the Republic of Kazakhstan) of transport control authorities at transport control posts on the territory of the Republic of Kazakhstan on stopping of vehicle, shall –

entails a fine in the amount of forty monthly calculation indices or administrative arrest for up to three days.

2. Excluded 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).

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

entails deprivation of the right to drive vehicles for a period of one year and administrative arrest for up to five days.

3-1. The action provided by part one of the present article, made by the person who doesn't have the right of management or deprived of the right of control of vehicles –

entails a fine in the amount of sixty monthly calculation indices or administrative arrest for up to fifteen days.

4. Non-performance of the legal requirement of an employee of the bodies of internal affairs (police), military police (exceptionally by the person that operates the transport vehicle of the national security bodies, Armed Forces of the Republic of Kazakhstan, other forces and military formations of the Republic of Kazakhstan) on passing certification of the state of alcohol, drug and (or) substance abuse intoxication in accordance with the established procedure, shall –

entail the administrative arrest for the term of fifteen days and deprivation of the right of operation of transport vehicle for the term of eight years.

5. The action provided by a part four of this Article committed repeatedly second time within a year after expiration of the term of administrative sanction, shall –

entail the administrative arrest for the term of twenty days and deprivation of the right of operation of transport vehicle for the term of nine years.

6. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 № 292-VІ (order of enforcement see Article 2).
7. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 № 292-VІ (order of enforcement see Article 2).
8. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 № 292-VІ (order of enforcement see Article 2).

9. Action provided by part four of this Article committed by the persons not having the right to operate of vehicle, shall –

entail the administrative arrest for the term of twenty days.

10. the action provided by a part nine of this Article committed repeatedly second time within a year after expiration of the term of the administrative sanction provided by a part nine of this Article, shall –

entail the administrative arrest for the term of thirty days.

11. Actions provided by parts nine and ten of this article, committed by persons to whom administrative arrest in accordance with part two of Article 50 of this Code shall not apply -

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

12. Leaving by the driver of a cabin (salon) of the vehicle in case of his stop the employee of law-enforcement bodies (police), military police (only the person steering the military vehicle) without his permission and also failure to meet requirements about an exit from a cabin (salon) of the vehicle –

subject to fine the driver at a rate of five monthly settlement indicators.

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

subject to fine the driver at a rate of ten monthly settlement indicators.

Note. The requirement of employees of the bodies of internal affairs (police), transport control, military police in the official uniform on stopping of the transport vehicle shall be expressed by signalling with a gesture of hand or traffic baton with the simultaneous whistle signal or with the use of loudspeaker system. The alarms shall be understandable for a driver and set in due time so their performance does not create the emergency situation.

Footnote. Article 613 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); from 03.07.2017 № 83-VI (shall be enforced after ten calendar days after day of its first official publication); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); dated 27.12.2019 № 292-VІ (order of enforcement see Article 2); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 614. Creation of the obstacles for movement of transport vehicles

Deliberate creation of obstacles for the movement of vehicles, shall –

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

Footnote. Article 614 with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 615. Violation of the traffic rules by pedestrians and other road traffic participants

1. Non-performance by pedestrians and other participants of traffic of requirements of traffic regulations –

subject to fine a rate of two monthly settlement indicators.

2. The action provided by a part one of this Article that entailed infliction of harm to health of an injured party that does not have the signs of a criminally punishable act or that inflicted material damage, shall –

entail a fine in amount of ten monthly calculation indices.

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

subject to fine a rate of ten monthly settlement indicators.

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

entail a fine in amount of twenty monthly calculation indices or administrative arrest for the term of three days.

Note. The other road traffic participants in this Article shall be regarded as the persons operating scooters, bicycles and horse-drawn carriages, drovers leading baggage, riding animals or herd, as well as passengers of the transport vehicles.

Footnote. Article 615 with the changes made by the Laws of the Republic of Kazakhstan from 03.07.2017 № 84-VI (shall be enforced after ten calendar days after day of its first official publication); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 616. Violation of the rules of organizing and conducting compulsory technical inspection of motor vehicles and their trailers

1. Violation of the rules of organizing and conducting compulsory technical inspection of motor vehicles and their trailers committed in the form of:

1) issuance of the diagnostic card of technical inspection with the indication of parameters that do not conform to the technical inspection of the motor vehicles and their trailers established upon conduct of the inspection of activity of the operator of technical inspection;

2) unreasonable refusal from conduct of compulsory technical inspection;

3) non-representation of the details to the single informational system of compulsory technical inspection of the motor vehicles and their trailers;

4) failure to notify or untimely notification on changing location of the centre of technical inspection;

5) failure to inform the population on a schedule for conducting compulsory technical inspection in a region of activity;

6) violation of a schedule for conducting compulsory technical inspection;

7) issuance of the diagnostic card of technical inspection by the operator of technical inspection without conducting compulsory technical inspection;

8) conduct of compulsory technical inspection without the use of control and diagnostic equipment or with defective control and diagnostic equipment and (or) that did not pass the adjustment;

9) failure to ensure the archival storage of video files of the daily video recording within six months from the date of conduct of compulsory technical inspection;

10) absence of video recording of the procedure for conduct of compulsory technical inspection or photographic recording of the transport vehicle in a diagnostic card of technical inspection;

11) drawing up and issuance of a diagnostic card of technical inspection that does not conform to the approved form;

12) failure to enter, and equally entering of inaccurate and (or) incomplete details to the single informational system of compulsory technical inspection of the motor vehicles and their trailers;

13) non-conformance of the production premise and territory of a centre for technical inspection to the requirements established by the national standards, –

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 monthly calculation indices.

2. Combination of rendering of the services on conducting compulsory technical inspection and repair, technical maintenance of the motor vehicles and their trailers, shall –

entail a fine on civil servants, 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, with the exclusion of the operators of technical inspection from register.

3. Rendering of services on repair and technical maintenance of the motor vehicles and their trailers in a territory of the centre of technical inspection, shall –

entail a fine on civil servants, 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.

4. Provision of knowingly false information upon entering of the operators of technical inspection into register, shall –

entail a fine on civil servants, 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, with the exclusion of the operators of technical inspection from register.

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

entail a fine on civil servants, 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, with the exclusion of the operators of technical inspection from register.

Footnote. Article 616 as amended by the Law of the Republic of Kazakhstan № 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

Article 617. Release of the transport vehicles having technical defects in operation and other violations of the rules of operation

1. Non-performance of the requirements, established road traffic safety rules by the persons being liable for technical condition and operation of the transport vehicles, with the exception of the cases provided by Article 619 of this Code, shall –

entail a fine on civil servants, 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.

2. The same actions that entailed the infliction of the light harm to health of an injured party or damage of transport vehicles, cargo, road or other structures or another property, shall –

entail a fine 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 fifty monthly calculation indices.

Footnote. Article 617 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015).

Article 618. Recognition or issue of the certificates or other documents confirming compliance of vehicles in defiance of the established norms in the field of providing requirements to safety of vehicles

Footnote. Article 618 heading in edition of the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

1. Recognition or issuance of certificates or other documents confirming the conformance of transport vehicles in violation of the established standards in the field of ensuring the safety requirements of the transport vehicles being the ground for their admission of participation in road traffic, shall –

entail a fine in amount of two hundred monthly calculation indices with the deprivation of the right of engagement in this activity for the term of one year.

2. The actions provided by a part one of this Article that entailed damage of transport vehicles or another property, shall –

entail a fine in amount of three monthly calculation indices with the deprivation of the right of engagement in this activity for the term of two years.

3. The actions provided by a part one of this Article that entailed infliction of the bodily damage of light and average gravity, shall –

entail a fine in amount of five hundred monthly calculation indices with the deprivation of the right of engagement in this activity for the term of three years.

Footnote. Article 618 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 619. Permit to operation of transport vehicle to the driver that does not have the right of operation of transport vehicles, and equally the relevant category

1. Permit to operation of transport vehicle to the driver that does not have or being deprived of the right of operation of transport vehicle, and equally the relevant category by the person being liable for technical condition and operation of the transport vehicles, 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.

2. The same action that entailed infliction of a light harm to health of an injured party or damage of transport vehicles, cargo, road or other structures or another property, shall –

entail a fine on individuals in amount of fifty, on civil servants, 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 one hundred fifty monthly calculation indices.

Article 619-1. The admission to driving of the driver who is in state of intoxication

1. The admission the person responsible for technical condition and operation of vehicles, to driving of the driver who is in a state alcoholic narcotic or an inhalant intoxication, –

subject to fine officials, small business entities or non-profit organizations at a rate of forty, on subjects of average business – at a rate of fifty, on subjects of large business – at a rate of sixty monthly settlement indicators.

2. The same action which has entailed causing to the health which was injured a little harm or damage of vehicles, freights, road or other constructions or other property –

subject to fine natural persons at a rate of seventy, on officials, small business entities or non-profit organizations – at a rate of hundred, on subjects of average business – at a rate of hundred fifty, on subjects of large business – at a rate of two hundred monthly settlement indicators.

Footnote. Chapter 30 is supplemented with article 619-1 according to the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 620. Violation of other requirements submitted to road traffic participants

Violation of requirements of traffic regulations, basic provisions according to the admission of the vehicles to operation which aren't listed in the present chapter of the Code –

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

Note. By drawing up the protocol it is specified what standard of traffic regulations is broken.

Footnote. Article 620 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 621. Violation of the rules of carriage of hazardous substances or subjects by transport

1. Violation of the rules of carriage of hazardous substances or hand-luggage subjects by railway transport, shall –

entail a notification or fine in amount of one monthly calculation index.

2. Violation of the rules of carriage of hazardous substances or subjects by marine and river transport, as well as non-fulfillment of the obligations by civil servants on registration of the operations with hazardous substances or subjects in the relevant documents, entering of inaccurate records or unlawful refusal to represent such documents to the relevant civil servants, shall –

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

3. Violation of the rules of carriage of hazardous substances or subjects in aerial vehicles, shall –

entail a fine in amount of ten monthly calculation indices with the confiscation of mentioned substances and subjects.

4. Carrying of explosive substances or subjects in a bus, tram, trolley, taxi bus, as well as their delivery in luggage or in storage room of automobile transportation, shall –

entail a fine in amount of three monthly calculation indices.

Article 622. Violation of the rules of using public urban and suburban transport

1. Violation of the rules of using tram, trolley, bus of urban and suburban communication or taxi committed in the form of transit on footboards and other projecting parts of transport vehicle, entering and quit while moving, obstruction of opening and closing doors, carrying of cutting items without the relevant packing, as well as items and things polluting the passenger compartment and clothes of passengers, shall –

entail a fine in amount of one monthly calculation index.

2. Avoidance from paying passenger fare in public transport, shall –

entail a fine in amount of two monthly calculation indices.

Footnote. Article 622 is in the wording of the Law of the Republic of Kazakhstan dated 05.05.2015 № 312-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 623. Ticketless carriage of passengers

Ticketless carriage of passengers:

1) on international trains, shall –

entail a fine in amount of seven monthly calculation indices;

2) on trains of intra-republican communication shall –

entail a fine in amount of five monthly calculation indices;

3) in a tram, trolleybus, city and suburban bus and minibus, shall –

entail a fine in amount of five monthly calculation indices;

4) in the bus of international, intercity interregional, interdistrict (intercity intraregional) and intradistrict communication –

entail a fine in amount of seven monthly calculation indices.

Footnote. Article 623 is in the wording of 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 624. Violation of the rules of the organization of sale of travel documents (tickets) on raiLawy transport

Footnote. Article 624 is excluded by the Law of the Republic of Kazakhstan № 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 624-1. Violation of the rules for organizing the sale of travel documents (tickets) on railway transport in the Republic of Kazakhstan

1. Violation of the rules for organizing the sale of travel documents (tickets) on railway transport in the Republic of Kazakhstan, committed in the form of resale, illegal sale of travel documents (tickets) on railway transport, as well as assistance in the resale, illegal sale of travel documents (tickets) on railway transport, shall –

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

2. Actions 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 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.

Footnote. Chapter 30 is supplemented by Article 624-1 in accordance with the Law of the Republic of Kazakhstan dated 27.12.2019 № 295-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 625. Violation of the rules of protection of cargo on railway, marine, river and automobile transport

1. Damage of a rolling stock, containers, floating and other transport vehicles designated for carriage of cargo, as well as transportation appliances, shall –

entail a fine in amount of five monthly calculation indices.

2. Damage of seals and locking devices of goods wagons, automobiles, automobile trailers, containers, holds and other cargo spaces of the floating crafts, breakage of seals from them, damage of separate cargo items and their packing, packs, fences of cargo sites, railway stations, cargo automobile stations, container terminals (grounds), ports (berths) and warehouses that are used for performance of the operations linked with cargo operations, as well as staying without the relevant permit in a territory of the cargo sites, container terminals (grounds), cargo districts (fields), ports (berths), locks and warehouses mentioned above, shall –

entail a fine in amount of ten monthly calculation indices.

Article 626. Violation of the rules on protection of cargo on air transport

1. Damage of seals and locking devices of containers, breakage of seals from them, damage of separate cargo items and their packing, packs, fences of warehouses that are used for performance of the operations linked with cargo operations on air transport, shall –

entail a fine in amount of ten monthly calculation indices.

2. Damage of containers and transport vehicles designated for carriage of cargo on air transport, shall –

entail a fine in amount of ten monthly calculation indices.

Article 627. Violation of the rules of operation of tractors, other self-propelled vehicles and equipment

Violation of the rules of operation of tractors, other self-propelled vehicles and equipment, with the exception of the rules provided by Articles 333, 334, 590, 610, 617, 619 of this Code, shall –

entail a fine on individuals in amount of three monthly calculation indices.

Article 628. Untimely payment of passenger fare on toll automobile roads (fields)

Untimely payment of passenger fare on toll automobile roads (fields), shall –

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

Article 629. Systematic violation of the rules of operation and road traffic by individuals operating transport vehicles

Footnote. Article 629 is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015).

Article 630. Damage of roads, railroad crossings and other road structures

1. Damage of roads, railroad crossings and other structures or technical means of regulating road traffic, including pollution of the road surface or driving of animals outside the special allocated places and through the roads with improved surface, as well as visibility restriction of the means of regulating road traffic due to installation of different structures or planting of green plantings, or their untimely cutting, shall –

entail a fine on individuals in amount of two, on civil servants, 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. Violations provided by a part one of this Article that entailed traffic accident with infliction of a light harm to health of an injured party, damage of transport vehicles, cargo or another property, shall –

entail a fine on individuals in amount of five, 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 630 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015).

Article 631. Failure to comply with the requirements for performance of work on roads, maintenance of roads, railway crossings and other road structures

Footnote. Heading of Article 631 is in the wording of 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).

1. Failure to comply with the requirements for performance of work on roads, the maintenance of roads, railway crossings and other road structures, other requirements established by the legislation of the Republic of Kazakhstan in the field of road traffic, shall –

entail a fine on individuals in amount of two, 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 thirty monthly calculation indices.

2. The actions provided by a part one of this Article that entailed the traffic accident with infliction of a light harm to health of an injured party, damage of transport vehicles, cargo, roads, road and other structures or another property, shall –

entail a fine on civil servants, 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.

Footnote. Article 631 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 632. Failure to comply with the requirements of the legislation of the Republic of Kazakhstan on maintenance of inspection wells of underground utilities, creating a threat to road safety

1. Failure to comply with the requirements of the legislation of the Republic of Kazakhstan on maintenance of inspection wells of underground utilities located on the roads, as well as failure to take measures to eliminate malfunctions of underground utilities, leading to the emergence of water, technical liquids, steam on the road surface and formation, for this reason, of destruction of the roadbed, ice, visibility restrictions and other obstacles, shall –

entail a fine on officials, 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. Action (inaction) provided by part one of this Article, which entailed a road traffic accident causing minor harm to human health, damage to vehicles, cargo and other property, shall –

entail a fine on officials, 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 fourty monthly calculation indices.

Footnote. Article 632 is in the wording of 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 633. Violation of the rules of protection and use of the right of way of automobile roads

1. Plowing land reserves, cutting, grubbing and damage of plantings, turf removal and digging of earth, storage materials and cargo, performance of topographic and other works, equipping of crossroads and entrances, building of structures, underground and above-ground structures or communications, installation of advertising and another information in a right of way of automobile roads without coordination in the established manner, as well as firing, cattle grazing, landfill and snow disposal sites, trade outside the established places within the borders of the right of way, disposal of sewage, commercial, amelioratory and discharge waters in a roadway drainage system or use of the road side ditches as irrigators, shall –

entail a fine on individuals in amount of three, 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.

2. The violations provided by a part one of this Article that entailed the traffic accidents with infliction of light bodily damage to the people, damage of transport vehicles or another property or committed repeatedly second time within a year after imposition of the administrative sanction provided by a part one of this Article, shall –

entail a 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 forty, on subjects of large entrepreneurship – in amount of one hundred monthly calculation indices.

Article 634. Violation of the rules of operation and protection of automobile roads and road structures by land users

Failure to fulfill the obligations on arrangement, repair and regular clearing of pedestrian footpaths and pedestrian (crossing) overpasses, irrigation systems admitting water logging of automobile roads and bogging of the right of way being settled on the fields of land users adjoining to the right of way of automobile roads, as well as the obligations on maintenance of technical working condition and clearance of the egresses from the fields being settled on these users or approaching lines to the public automobile road, including the crossing overpasses, shall –

entail a fine on individuals in amount of three, 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.

Article 635. Violation of the rules of protection of the main pipelines

1. Violation of the rules of protection of the main pipelines –

attracts prevention on natural persons, a penalty on small business entities or non-profit organizations – at a rate of seven, on subjects of average business – at a rate of seventeen, on subjects of large business – at a rate of twenty seven monthly settlement indicators.

2. Action (inaction) provided by part one of the present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine natural persons at a rate of one, on small business entities or non-profit organizations – at a rate of ten, on subjects of average business – at a rate of twenty, on subjects of large business – at a rate of thirty monthly settlement indicators.

3. Non-presentation and also untimely presentation of data on oil transportation to the authorized authority in the field of hydrocarbons, required for departmental statistical observation or administrative accounting, in accordance with the legislation of the Republic of Kazakhstan on subsoil and subsoil use, shall –

subject to fine small business entities at a rate of twenty, on subjects of average business – at a rate of forty, on subjects of large business – at a rate of eighty monthly settlement indicators.

Footnote. Article 635 in edition of the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of 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).

Chapter 31. ADMINISTRATIVE INFRACTIONS IN THE FIELD
OF INFORMATIZATION AND COMMUNICATION Article 636. Illegal connection of terminal units (equipment) to the telecommunication networks

Footnote. Article 636 is excluded by the Law of the Republic of Kazakhstan № 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 637. Breach of the legislation of the Republic of Kazakhstan in the field of communications

1. Breach of the legislation of the Republic of Kazakhstan in the field of communications committed in the form of:

1) unreasonable refusal of the dominating telecom operator of signing of the contract of accession or establishment by the dominating telecom operator of obviously restrictive conditions on accession or laying of communication lines;

2) violation of the terms for connection of telecommunication networks to the public communication network provided by the legislation of the Republic of Kazakhstan in the field of communications;

3) violation of the levels of connecting telecommunication networks by communications providers, including traffic transmission and procedure for settlement payments;

4) excluded by the Law of the Republic of Kazakhstan dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication);

5) non-compliance with the size of tariffication units;

6) it is excluded by the Law of the Republic of Kazakhstan from 28.12.2017 № 128-VI (shall be enforced after ten calendar days after day of its first official publication);
7) excluded by the Law of the Republic of Kazakhstan dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication);
8) excluded by the Law of the Republic of Kazakhstan dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication);

9) uses of a radio-frequency range at discrepancy of technical parameters of radio-electronic means to the data specified in permission to use of a radio-frequency range of the Republic of Kazakhstan;

9-1) - 9-2) it is excluded by the Law of the Republic of Kazakhstan from 28.12.2017 № 128-VI (shall be enforced after ten calendar days after day of its first official publication);

9-3) violations by telecom operators of rules of application of the certificate of safety;

9-4) violations of an order of functioning of system of the centralized management of telecommunications of the Republic of Kazakhstan of networks;

9-5) providing by telecom operator access to information forbidden by the judgment which has taken legal effect or laws of the Republic of Kazakhstan;

9-6) substitutions of network addresses;

10) non-compliance by telecom operators, the operator of the centralized database of subscriber numbers of rules of transfer of a subscriber number in networks of cellular communication;

11) non-performance by mobile operator of an obligation for granting to the operator of the centralized database of subscriber numbers of information on subscriber numbers of cellular communication;

12) excluded by the Law of the Republic of Kazakhstan dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication);

13) non-compliance by operators with mail of the established requirements for the organization of service of users and an order of carrying out operational day;

14) violations by operators of mail of the established requirements for an order of reception and delivery of mailings and also their registrations which have led to loss of the mailing;

15) violations by operators of mail of requirements for establishment on post networks of the technical means and oborudovaniye allowing to reveal the forbidden objects and substances in mailings;

16) a failure to provide telecom operators and owners of networks of optimization of own communication networks, including timely reaction and taking measures for the purpose of decrease in distribution of a radio signal in the territory of institutions of a penal correction system;

17) violations by telecom operators of the rules for the provision of communication services, –

subject to fine natural persons at a rate of ten, on officials, small business entities at a rate of twenty, on subjects of average business – at a rate of forty, on subjects of large business – at a rate of hundred monthly settlement indicators.

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

subject to fine natural persons at a rate of twenty, on officials, small business entities at a rate of forty, on subjects of average business – at a rate of eighty, on subjects of large business – at a rate of two hundred monthly settlement indicators.

3. Violation of an obligation for collecting and storage of office information on subscribers and (or) users of communication services –

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 five hundred monthly calculation indices.

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

subject to fine small business entities at a rate of hundred, on subjects of average business – at a rate of two hundred, on subjects of large business – of two thousand monthly settlement indicators.

5. Non-performance by telecom operator and (or) the owner of a communication network of obligations for providing the bodies which are carrying out operational search, counterintelligence activities on communication networks, organizational and technical capabilities of holding operational search, counterprospecting actions on all communication networks and also to taking measures to prevention of disclosure of forms and methods of holding operational search, counterprospecting actions –

subject to fine small business entities – at a rate of fifty, on subjects of average business – at a rate of hundred, on subjects of large business – at a rate of five hundred monthly settlement indicators.

6. Non-performance by telecom operator and (or) the owner of a communication network of obligations for providing to the bodies which are carrying out operational search, counterintelligence activities on communication networks, access to office information on subscribers and also taking measures to prevention of disclosure of forms and methods of holding operational search, counterprospecting actions –

subject to fine small business entities – at a rate of fifty, on subjects of average business – at a rate of hundred, on subjects of large business – at a rate of five hundred monthly settlement indicators.

7. Failure to follow by telecom operator and (or) the owner of a communication network of an obligation for ensuring functions of the telecommunication equipment for technical holding operational search, counterprospecting actions according to requirements to networks and means of communication –

subject to fine small business entities – at a rate of fifty, on subjects of average business – at a rate of hundred, on subjects of large business – at a rate of five hundred monthly settlement indicators.

8. The actions provided by parts of the sixth, seventh present article, made repeatedly within a year after imposing of an administrative penalty –

subject to suspension of the license for rendering of services in the field of communication.

9. Failure to follow by mobile operator of obligations for providing services for communication of the settlements and (or) territories specified in permission to use of a radio-frequency range of the Republic of Kazakhstan –subjects deprivation of permission to use of a radio-frequency range.

10. Non-use of a radio-frequency range within one year –

attracts deprivation of permission to use of a radio-frequency range.

11. Non-performance by mobile operator of an obligation for ensuring transfer of subscriber numbers in networks of cellular communication –

subject to fine small business entities – at a rate of five hundred, on subjects of average business – of one thousand, on subjects of large business – of two thousand monthly settlement indicators.

12. Violation of the rules of assignment of strips of frequencies, radio frequencies (radio-frequency channels), operation of radio-electronic means and high-frequency devices and also carrying out calculation of electromagnetic compatibility of radio-electronic means of civil appointment –

subjects prevention or a penalty on natural persons at a rate of five, on officials, individual entrepreneurs at a rate of twenty, on small business entities or non-profit organizations – at a rate of twenty, on subjects of average business – at a rate of forty, on subjects of large business – at a rate of eighty monthly settlement indicators.

13. The actions provided by a part of the twelfth present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine to natural persons at a rate of ten, on officials, individual entrepreneurs – at a rate of forty, on small business entities or non-profit organizations – at a rate of thirty, on subjects of average business – at a rate of sixty, on subjects of large business – at a rate of hundred monthly settlement indicators.

14. Provision of communication services to users that do not meet the quality standards, technical standards and indicators of the quality of communication services –

entails a fine for individuals in the amount of ten, for small businesses – in the amount of twenty, for medium–sized businesses – in the amount of forty, for large businesses - in the amount of one thousand monthly calculation indices.

15. The act provided for in part fourteen 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 small businesses – in the amount of forty, for medium–sized businesses – in the amount of eighty, for large businesses - in the amount of one thousand five hundred monthly calculation indices.

Notes.

1. Radio-electronic devices in the present Code are understood as the technical means consisting of one or several radio-transmitting or radio-receiving devices or their combinations and the service equipment, intended for transfer and reception of radio waves.

2. High-frequency devices in the present Code are understood as the equipment or devices intended for generation and local use of radio-frequency energy in the industrial, scientific, medical, household purposes except for application in the field of telecommunication.

3. Excluded by the Law of the Republic of Kazakhstan dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication).
Footnote. Article 637 with the changes made by laws RK from 24.11.2015 № 419-V (shall be enforced from 1/1/2016); from 09.04.2016 № 499-V (shall be enforced after ten calendar days after day of its first official publication); from 28.12.2016 № 36-VІ (shall be enforced after two months after day of its first official publication); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); from 28.12.2017 № 128-VI (shall be enforced after ten calendar days after day of its first official publication); dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 638. Use of the communications means subjected to the compulsory confirmation of conformance, but that did not pass it

1. Use of the technical means of communications in unified telecommunications network of the Republic of Kazakhstan, and equally use of radio electronic means and high frequency devices that are the sources of electromagnetic radiation, technical means of postal communications subjected to the compulsory confirmation of conformance in the field of technical regulation and that did not pass it, shall –

subject prevention or a penalty on natural persons at a rate of five, on officials, small business entities or non-profit organizations – at a rate of sixty, on subjects of average business – at a rate of hundred, on subjects of large business – at a rate of two hundred fifty monthly settlement indicators.

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

subject to fine natural persons at a rate of ten, on officials, small business entities or non-profit organizations – at a rate of hundred twenty, on subjects of average business – at a rate of hundred fifty, on subjects of large business – at a rate of three hundred fifty monthly settlement indicators, with confiscation of not certified means of communication.

Footnote. Article 638 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 639. Violation of requirements for maintenance of the protection of electronic information resources

1. Violation of the requirements for maintenance of the protection of electronic information resources in the form of obstructing the work of, or blocking software (software and hardware) of of State technical services, as well as obstructing the work of employees of the State technical service with informatization objects that interact with the public technical service-involves either a warning or fine of ten individuals, officials, small businesses or non-profit organizations-in the amount of twenty, to medium-sized business entities in the amount of forty, on subjects large enterprise-100 MCI.

2. Actions (inaction), referred to in paragraph 1 of this article committed repeatedly or if they result in the emergence of information security incident-involve a penalty on individuals in the amount of twenty, to officials, small businesses or non-profit organizations-in the amount of fifty, on the subjects of medium-sized businesses-at a rate of one hundred major subjects entrepreneurship-in amount of 200 monthly calculation indexes.

Footnote. Article 639 in the redaction of law № 419 of 24.11.2015-V (shall be enforced from 01.01.2016).

Article 640. Violation of the law of the Republic of Kazakhstan about the electronic document and the digital signature

1. Refusal in adoption of electronic documents in the cases provided by laws of the Republic of Kazakhstan –

subject to fine officials at a rate of twenty, on legal entities – at a rate of fifty monthly settlement indicators.

2. Rejection of necessary measures by certification center for prevention of loss, modification and a fake of the open keys of the digital signature which are stored –

subject to fine a rate of hundred monthly settlement indicators.

3. A failure to provide certification center of protection of information about owners of registration certificates –

subject to fine a rate of hundred monthly settlement indicators.

4. Rejection by the owner of the registration certificate of measures for protection of the closed key of the digital signature belonging to him against illegal access and use and also on storage of open keys in the order established by the legislation of the Republic of Kazakhstan –

subject to fine a rate of fifty monthly settlement indicators.

5. Illegal transfer of the closed key of the digital signature to other persons –

subject to fine natural persons at a rate of ten, on officials, small business entities or non-profit organizations – at a rate of fifteen, on subjects of average business – at a rate of thirty, on subjects of large business – at a rate of hundred fifty monthly settlement indicators.

Footnote. Article 640 in edition of the Law of the Republic of Kazakhstan from 24.11.2015 № 419-V (shall be enforced from 01.01.2016).

Article 641. Violation of the law of the Republic of Kazakhstan about informatization

1. The violation of the law of the Republic of Kazakhstan about informatization made in a look:

1) failure or inadequate implementation by the proprietor or owner of the information systems containing personal data, proprietor and (or) operator of the base, containing personal data, as well as by the third party of measures for their protection;

2) violations of uniform requirements in the field of information and communication technologies and ensuring information security;

3) № 237-VI is excluded by the Law of the Republic of Kazakhstan dated 18.03.2019 (shall be enforced upon expiry of ten calendar days after its first official publication);
4) excluded by the Law of the Republic of Kazakhstan dated 11.12.2023 № 44-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication);

5) losses of originals of technical documentation on papers;

6) industrial operation of "electronic government" informatization object without an act of positive test result for compliance with information security requirements –

subject to fine natural persons at a rate of ten, on officials, small business entities or non-profit organizations – at a rate of fifteen, on subjects of average business – at a rate of thirty, on subjects of large business – at a rate of hundred monthly settlement indicators.

2. Not production of a backup copy of the state electronic information resources –

subject to fine officials at a rate of thirty, on legal entities – at a rate of eighty monthly settlement indicators.

3. The actions (inaction) provided by parts of the first and second present article, made repeatedly within a year after imposing of an administrative penalty –

subject to fine natural persons at a rate of twenty, on officials – at a rate of fifty, on legal entities – at a rate of hundred fifty monthly settlement indicators.

4. Use of the electronic information resources containing personal data about natural persons for causing property and (or) moral harm by it, restrictions of realization of the rights and freedoms guaranteed by laws of the Republic of Kazakhstan –

attracts prevention or a penalty on natural persons at a rate of ten, on officials, small business entities or non-profit organizations – at a rate of twenty, on subjects of average business – at a rate of forty, on subjects of large business – at a rate of two hundred monthly settlement indicators.

5. Not notification the owner or the owner of crucial objects of information and communication infrastructure of the National coordination center of information security about incidents of information security and about results of response to them as it should be and terms which are determined by rules of carrying out monitoring of ensuring information security of objects of informatization of "the electronic government" and crucial objects of information and communication infrastructure if other isn't established by acts of the Republic of Kazakhstan, –

subject to fine physical and officials at a rate of twenty, on small business entities – at a rate of forty, on subjects of average business – at a rate of sixty, on subjects of large business – at a rate of hundred monthly settlement indicators.

6. The act provided by a part of the fifth present article perfect repeatedly within a year after imposing of an administrative penalty, –

subject to fine physical and officials at a rate of forty, on small business entities – at a rate of eighty, on subjects of average business – at a rate of hundred twenty, on subjects of large business – at a rate of two hundred monthly settlement indicators.

Footnote. Article 641 in edition of the Law of the Republic of Kazakhstan from 24.11.2015 № 419-V (shall be enforced from 01.01.2016); with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 128-VI (shall be enforced after ten calendar days after day of its first official publication); № 237-VI dated 18.03.2019 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.06.2020 № 347-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 11.12.2023 № 44-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

Chapter 32. ADMINISTRATIVE INFRACTIONS IN THE FIELD OF
MILITARY OBLIGATIONS, MILITARY SERVICE AND DEFENCE Article 642. Non-representation or untimely representation of the lists of citizens to the local body of military administration subjected to primal military registration or assignment to the draft offices

Non-representation or untimely representation of the lists of citizens to the local body of military administration subjected to primal military registration or assignment to the draft offices within established term, shall –

entail a fine on civil servants of organizations, educational organizations, as well as civil servants of the organizations carrying out operation of residential houses, and house owners – in amount of ten, on chief executive officers of organizations, educational organizations – in amount of fifteen, 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 forty monthly calculation indices.

Article 643. Unlawful actions (omission) that entailed non-fulfillment of the measures of civil defence

Unlawful actions (omission) that entailed non-fulfillment of the measures of civil defence, shall –

entail a fine in amount of fifty monthly calculation indices.

Article 643-1. Violation of the legislation of the Republic of Kazakhstan in the field of mobilization training

1. Violation of the legislation of the Republic of Kazakhstan in the field of mobilization training, committed in kind of:

1) lack of mobilization plans in state bodies, akimats of the region, the city of republican significance, the capital, district (city of regional significance) and organizations that have mobilization tasks or mobilization orders;

2) non-fulfillment of measures to create and maintain an insurance fund of technical documentation for weapons and military equipment, the most important civilian products, as well as design documentation for high-risk facilities, life support systems for the population and objects that are national treasures;

3) failure to take measures to prepare special formations and equipment intended for delivery to the Armed Forces of the Republic of Kazakhstan, other troops and military formations, special state bodies of the Republic of Kazakhstan, as well as to organizations fulfilling mobilization orders when mobilization is announced;

4) failure to take measures to create, accumulate, preserve and update stocks of material assets of the mobilization reserve;

5) non-performance of armor protection of persons liable for military duty, shall –

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

Footnote. Chapter 32 was supplemented with Article 643-1 in accordance with the Law of the Republic of Kazakhstan dated 25.05.2020 № 332-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 644. Non-notification of citizens on calling local body of military administration

Non-notification of citizens on calling local body of military administration by a head or other responsible person of the organization liable for military registration work, and equally non-ensuring the possibility of the well-timed appearance for citizens on calling of the local body of military administration, shall –

entail a fine in amount of ten monthly calculation indices.

Article 645. Untimely representation of the details on changing the composition of resident citizens being liable or obliged to be liable for military duty

Untimely representation of the details on changing the composition of permanently residing citizens being liable or obliged to be liable for military duty to the bodies imposed by maintenance of the military registration, shall –

entail a fine in amount of ten monthly calculation indices.

Article 646. Non-notification of the details on the persons liable for military service, draftees and citizens

1. Failure by an official of the population social protection body, within the prescribed period, to recognize citizens who are or are obliged to be on military registration as persons with disabilities, as well as by an official of health organizations, to provide information about persons subject to military service and conscripts who are on inpatient treatment and dispensary registration, to the local military administration body -

entail a fine in amount of ten monthly calculation indices.

2. Non-notification on amending the registers for acts of civil status of the citizens liable or obliged to be liable for military duty within established term by the civil servant of the civil registry office to the local body of military administration, shall –

entail a fine in amount of ten monthly calculation indices.

3. Non-notification on the employed citizens (admitted to studies) obliged to be registered, but that are not registered for military duty at the place of residence by a head or other civil servants of organization to the body carrying out military registration, shall –

entail a fine in amount of ten monthly calculation indices.

4. Non-notification on the persons liable for military service and draftees in respect of whom the inquest or preliminary investigation is carried out, to the local body of military administration by the civil servants of the bodies of inquiry and preliminary investigation being liable for notifying within the term established by the legislation, shall –

entail a fine in amount of ten monthly calculation indices.

5. Non-notification on the persons liable for military service and draftees in respect of whom the court considers criminal cases, as well as on the verdicts entered into legal force in respect of them by the civil servants of courts being liable for notifying the local body of military administration within the term established by the legislation, shall –

entail a fine in amount of ten monthly calculation indices.

Article 647. Non-execution by citizens of obligations for military account

Absence of the citizen consisting or obliged to stay on the military registry, on a call of local body of military management in the specified time without good reason or arrival in the settlement (administrative region) on the permanent residence or the place of temporary stay (for the term of over three months) and also in official journeys, for study, in a holiday or on treatment (for the term of over three months), obliged to address within seven working days to The Government for Citizens State corporation in the place of arrival with the statement for statement on military account, –

subject to fine a rate of five monthly settlement indicators.

Footnote. Article 647 in edition of the Law of the Republic of Kazakhstan from 17.11.2015 № 408-V (shall be enforced from 01.03.2016).

Article 648. Avoidance from medical examination or trainings

1. Avoidance from medical certification or examination according to referral of the commission on military registration or draft committee of the citizens, shall –

entail a fine on persons liable for military service in amount of five monthly calculation indices, and on draftees – a notification or fine in amount of three monthly calculation indices.

2. Avoidance of the persons liable for military service from military trainings, shall –

entail a fine in amount of five monthly calculation indices.

Article 649. Malicious damage or loss of military registration documents

Malicious damage or destruction of the military card or other accounting military documents of a citizen subjected to call to military service, and equally loss of the military card or other accounting military documents of the citizen subjected to call to military service due to the fault of the owner, shall –

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

Article 650. Avoidance from training for military service

Avoidance from training for military service of the draftees on the military technical specialties according to referral of the bodies of military administration or non-attendance of studies of educational organizations without reasonable excuses, shall –

entail a notification or fine in amount of one monthly calculation index.

Article 651. Illegal calling of citizens to compulsory military service and military service under the contract, representation of illegal deferrals

Illegal calling of citizens to compulsory military service and military service under the contract or representation of illegal deferrals, shall –

entail a fine in amount of seventeen monthly calculation indices.

Article 652. Breach of the legislation of the Republic of Kazakhstan in the field of military service

Footnote. The title of Article 652 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015).

1. Insult of one military servant by another during fulfillment or due to fulfillment of the obligations of the military service, shall –

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

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

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

3. Willful leaving the military unit or duty areas, and equally non-appearance at service in due time without the reasonable excuses upon dismissal from the unit, appointment, transfer, from detached service, vacation or medical institution lasting more than two days, but no more than ten days committed by the military servant doing military service on call or under contract, in time of peace, shall –

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

4. The actions provided by a part three of this Article lasting more than ten days, but no more than one month, shall –

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

5. Violation of the rules for service by the person that is the part of the military detail on protection of public order and ensuring the public security, if this action does not contain the signs of a criminally punishable act shall –

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

6. Insubordination, i.e. open refusal from execution of the order of the head, and equally intentional non-execution of the order of the head delivered in established manner by a subordinate that did not inflict essential damage to service interests shall –

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

Footnote. Article 652 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015).

Article 652-1. Insubordination or another non-execution of the order

Footnote. Article 652-1 is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015).

Article 652-2. Willful leaving the unit or duty area

Footnote. Article 652-2 is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015).

Article 652-3. Violation of the rules for service on protection of public order and ensuring the public security

Footnote. Article 652-3 is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015).

Chapter 33. ADMINISTRATIVE INFRACTIONS ENCROACHING ON
THE INSTITUTE OF THE STATE POWER Article 653. Contempt of court

1. Contempt of court being expressed in the absence from court without the reasonable excuses of participants of the proceeding and other persons by summons, notice, notification or calling in cases when the further consideration of the case in their absence is impossible, insubordination of the regulations of the chairman in a court sitting, violation of the rules established in court, as well as the other actions (omission) obviously indicating contempt of court and (or) judge, shall –

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

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

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

Note. Requirements of this Article shall not apply to actions (inaction), in respect of which measures of procedural coercion can be applied in accordance with the Administrative Procedural and Process-Related Code of the Republic of Kazakhstan.

Footnote. Article 653 as amended by the Law of the Republic of Kazakhstan dated 29.06.2020 № 351-VI (shall be enforced from 01.07.2021).

Article 653-1. Showing disrespect to the Constitutional Court

1. Disrespect for the Constitutional Court, expressed in the failure to appear in the Constitutional Court without valid reasons of participants in the constitutional proceedings, other persons and bodies involved in the consideration of the appeal, their representatives on notification or summons in cases where further consideration of the appeal in their absence seems impossible, disobeying the orders of the presiding judge, violation of the rules established in the Constitutional Court, as well as other actions (inaction) that clearly indicate disrespect for the Constitutional Court and (or) the judge of the Constitutional Court, –

entail a warning or a fine in the amount of twenty monthly calculation indices or administrative arrest for up to five days.

2. The actions (inaction) provided for in part one of this Article, committed repeatedly within a year after the imposition of an administrative penalty,

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

Footnote. Chapter 33 is supplemented by Article 653-1 in accordance with the Law of the Republic of Kazakhstan dated 05.11.2022 № 158-VII (shall be enforced from 01.01.2023).

Article 654. Responsibility of participants of the administrative infraction proceeding

Refusal or non-appearance of a participant of a proceeding in the body (civil servant) considering the case on administrative infraction without the reasonable excuse that conditioned postponement of the proceeding on the case, shall –

entail a fine in amount of ten monthly calculation indices.

Article 655. Absence from court for fulfillment of the obligations of a jury

Absence of a citizen from court on calling without the reasonable excuse for fulfillment of the obligations of a jury, shall –

entail a notification or fine on individuals in amount of ten monthly calculation indices.

Article 656. Non-presentation of information for making the lists of candidates for jurors

Non-presentation of information required to the local executive bodies for making the lists of candidates for jurors, and equally representation of inaccurate information, shall –

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

Article 657. Non-fulfillment of the obligations by a jury, as well as non-compliance with the restrictions linked with consideration of a case in judicial proceeding

1. Non-fulfillment of the obligations by a jury, as well as non-compliance with the restrictions linked with consideration of a case in judicial proceeding established by the Laws of the Republic of Kazakhstan, shall –

subject to fine natural persons at a rate of ten monthly settlement indicators.

2. The same actions that entailed removal of a jury from the further participation in consideration of the case, shall –

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

Footnote. Article 657 with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 658. Refusal or avoidance of a witness from testimony

Refusal or non-appearance of the person subjected to inquiry by the body (civil servant) authorized to consider the cases on administrative infraction without reasonable excuses as a witness from testimony, shall –

entail a fine in amount of two monthly calculation indices.

Article 659. Knowingly false testimony of a witness, injured party, expert conclusion or incorrect translation

1. Knowingly false testimony of a witness, injured party, expert conclusion to the body (civil servant) upon consideration of the case on administrative infraction and in the course of conducting examination of medical activity, as well as knowingly incorrect translation made by a translator in the same cases, shall –

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

2. The same actions committed by the experts upon conducting examination of medical activity repeatedly second time within a year after imposition of the administrative sanction, shall –

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

Note. The witness, injured party, expert or translator shall be released from administrative liability, if in the course of considering the case on administrative infraction they stated on falseness of the testimony, conclusion or incorrect translation on a voluntary basis before rendering of decision on the case by the authorized body (civil servant).

Article 660. Concealment of administrative infraction and falsification of evidences on the cases on administrative infractions

1. Intentional failure to take measures on initiation of the administrative infraction proceeding in existence of the components of the infraction within the term of limitation committed by a civil servant being authorized to draw up a protocol on the administrative infraction, if this action does not contain the signs of a criminally punishable act, shall –

entail a fine in amount of fifty monthly calculation indices.

2. Falsification of evidences on the cases on administrative infractions, if this action did not entail infliction of a harm to human health or essential damage, shall –

entail a fine in amount of fifty monthly calculation indices.

Footnote. Article 660 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015).

Article 661. Refusal or avoidance of a civil servant from performance of the regulation or instruction on conducting the examination or requirement on calling a specialist

Refusal or non-appearance of the civil servant to whom the regulation or instruction of the body of state supervision and control is directed, from conducting the examination or from requirement on calling a specialist for participation in exercising control, performance of drawing up the documents, the administrative infraction proceeding or its consideration, from their performance without reasonable excuses, shall –

entail a fine in amount of twenty monthly calculation indices.

Article 662. Violation of a personal surety on appearance of an accused (suspected) person

Violation or non-exercise of the written guarantee by the persons that gave it, on appearance of an accused (suspected) person to the person carrying out an inquest, investigator or to the court that entailed avoidance of the accused (suspected) person from investigation or court, shall –

entail a fine in amount of three monthly calculation indices.

Article 663. Violation of the obligation on ensuring the appearance of a minor accused (suspected) person

Violation of the written obligation by parents, guardian, trustee or representative of the administration of a special closed child welfare institution that gave it, on ensuring the appearance of the minor accused (suspected) person placed under their care to the investigator, inquirer or to the court that entailed his (her) avoidance from investigation and court, shall –

entail a fine in amount of one monthly calculation index.

Article 664. Failure to take measures on special ruling, decree of court, recommendation of a procurator, investigator or inquirer

Leaving of a special ruling, decree of court, recommendation of a prosecutor, investigator or inquirer by a civil servant without consideration, or failure to take measures on elimination of the breaches of the law stated in them, and equally untimely respond to the special ruling, decree or recommendation, shall –

entail a fine in amount of eight monthly calculation indices.

Article 664-1. Failure to comply with the prosecutor's decision

1. Failure to comply with the prosecutor's decision, if this is an action (inaction) does not contain signs of a criminally punishable act, –

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

2. The action (inaction) provided for in part one of this article, committed repeatedly within a year after the imposition of an administrative penalty,

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

Footnote. Chapter 33 is supplemented by Article 664-1 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2021 № 63-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 665. Non-appearance to a prosecutor, investigator and to the body of inquiry, officer of justice, bailiff

1. Non-appearance on calling of a prosecutor, investigator, body of inquiry for testimony to the officer of justice, bailiff on the issues of execution proceeding, and equally refusal or knowingly false testimony, shall –

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

2. Non-performance of the requirements of a prosecutor, investigator, inquirer submitted on the basis and in the manner established by the Law, shall –

entail a fine on individuals in amount of twenty, on civil servants – in amount of fifty monthly calculation indices or administrative arrest for the term up to five days.

Article 666. Non-notification or untimely notification of a prosecutor

Non-notification or untimely notification of a prosecutor on production of the actions by the state body requiring such notification in accordance with the legislative acts, shall –

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

Article 667. Disobedience to a lawful order or request of an employee (serviceman) of a law enforcement or special state body, a military police body, a state courier service, an officer of the court, a bailiff

Footnote. The title of Article 667 as amended by the Law of the Republic of Kazakhstan dated 02.07.2021 № 63-VII (shall be enforced sixty calendar days after the date of its first official publication).

1. Disobedience to a lawful order or request of an employee (serviceman) of a law enforcement or special state body, a military police body, a state courier service, an officer of the court, a bailiff in connection with the performance of their official duties, as well as obstruction of their legitimate activities –

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

2. The actions provided by part one of the present article perfect repeatedly within a year after imposing of an administrative penalty, –

attract administrative detention for a period of ten days.

3. The actions provided by a part of the second present article, made by persons to whom administrative detention according to a part of the second article 50 of the present Code isn't applied –

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

Footnote. Article 667 in edition of the Law of the Republic of Kazakhstan from 03.07.2017 № 84-VI (shall be enforced after ten calendar days after day of its first official publication); dated 02.07.2021 № 63-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 668. Obstruction of advocate lawful activity

Obstruction of advocate lawful activity or college of advocates, legal advice, law firm, which resulted in non-presentation or refusal to present the required documents, materials or information required for the exercise of their professional duties on written request within the time limits established by the legislation, if these actions shall not have the elements of criminal punishable act, –

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

Footnote. Article 668 is in the wording of the Law of the Republic of Kazakhstan dated 05.07.2018 № 177-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 668-1. Interference or obstruction of the legitimate activities of the Commissioner for Human Rights in the Republic of Kazakhstan, obstruction of the legitimate activities of his representative in the region, city of republican significance, the capital

Footnote. The title of Article 668-1 is in the wording of the Law of the Republic of Kazakhstan dated 05.11.2022 № 158-VII (shall be enforced sixty calendar days after the date of its first official publication).

Interference or obstruction of the legitimate activities of the Commissioner for Human Rights in the Republic of Kazakhstan in connection with the performance of his official duties, obstruction of the legitimate activities of his representative in the region, city of republican significance, the capital, expressed in the failure to provide unhindered visits and communication with persons located in organizations and institutions specified in the Constitutional Law of the Republic of Kazakhstan "On Commissioner for Human Rights in the Republic of Kazakhstan, –

entails a fine on officials in the amount of fifteen, on legal entities - in the amount of twenty monthly calculation indices.

Footnote. Chapter 33 is supplemented by Article 668-1 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2021 № 92-VII (shall be enforced six months after the day of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 05.11.2022 № 158-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 669. Failure to execute a court judgment, court decision or other judicial act and implementation document

1. Failure to execute a court judgment, a court decision or other judicial act and implementation document, shall -

entail a fine on individuals in amount of five monthly calculation indices or administrative arrest for up to five days, for officials, private notaries, private bailiffs, lawyers - in amount of twenty monthly calculation indices or administrative arrest for up to five days, 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. Violation of the special requirements established by the court for behavior of the offender, shall -

entails administrative arrest for ten days.

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

entails administrative arrest for twenty days.

4. The actions provided for in parts two and three of this Article, committed by persons to whom administrative arrest in accordance with part two of Article 50 of this Code does not apply, –

entail a fine in amount of thirty monthly calculation indices.

Note. A person who has not executed a court decision on administrative expulsion and has not left the territory of the Republic of Kazakhstan within the period specified in the decision shall not be subject to administrative liability under this article, if he is found at checkpoints across the State Border of the Republic of Kazakhstan within thirty days from the date of expiration of the period specified in the court decision for the controlled independent departure of the person being expelled from the Republic of Kazakhstan.

The requirements of this Article shall not apply to actions (inaction), in respect of which measures of procedural coercion can be applied in accordance with the Administrative Procedural and Process-Related Code of the Republic of Kazakhstan.

Footnote. Article 669 is in the wording of the Law of the Republic of Kazakhstan dated 27.12.2019 № 292-VІ (order of enforcement see Article 2); as amended by the Law of the Republic of Kazakhstan dated 13.05.2020 № 327-VІ (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 29.06.2020 № 351-VI (shall be enforced from 01.07.2021); dated 20.04.2023 № 227-VII (shall be enforced from 01.07.2023).

Article 670. Non-execution of the decree and other legal requirement of an officer of justice bailiff

1. Non-execution of the resolutions and legal requirements of the bailiff connected with execution of the executive document, including on representation in the time of data on the place of work of the debtor appointed by him and his income, production of deduction according to the executive document and transfer of the collected sum to the execution creditor according to the address of collecting on the sums of money and property of the debtor which are at other natural and legal entities –

subject to fine natural persons at a rate of ten, on officials – at a rate of fifteen, on legal entities – at a rate of twenty monthly settlement indicators.

2. Representation of knowingly inaccurate details to an officer of justice, as well as on incomes and property status of a debtor, shall –

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

3. Non-performance of legal requirements of a bailiff, shall –

entail a fine in amount of fifty monthly calculation indices.

Footnote. Article 670 with the change made by the Law of the Republic of Kazakhstan from 29.10.2015 № 376-V (shall be enforced from 01.01.2016).

Article 671. Failure to report on change of the place of work and residence of the person being a debtor on execution proceeding to an officer of justice

Failure to report on dismissal from work of the person paying payments, as well as on his (her) new place of work and residence within the term of one month by the person carrying out deduction according to the enforcement document if it is known by him (her) to an officer of justice and the person receiving alimonies without valid excuse, shall –

entail a fine in amount of ten monthly calculation indices.

Article 672. Loss of the executive document

Loss by the person to whom the executive document is transferred to execution, –

subject to fine a rate of twenty monthly settlement indicators.

Footnote. Article 672 in edition of the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 673. Obstruction of the execution of enforcement documents to an officer of justice

Obstruction of committing the actions of an officer of justice, bailiff by individuals and legal entities on levy of execution on the property (inventory, assessment, arrest, bidding) or refusal from performance of his (her) requirements due to this, shall –

entail a fine on individuals in amount of ten, on civil servants – in amount of twenty monthly calculation indices or administrative arrest for the term up to five days.

Article 674. Illegal wearing the state awards

1. Wearing orders, medals, lapel badges to honorary title, badges of merit of the Republic of Kazakhstan, Kazakh SSR, USSR or ribbons of order, ribbons of medals on the bars by the person that does not have the right, shall –

entail a fine in amount of three monthly calculation indices with the confiscation of the order, medal, lapel badge to honorary title, badge of merit of the Republic of Kazakhstan, Kazakh SSR, USSR or ribbons of order, ribbons of medals on the bars.

2. Establishment or production of the badges having similar name or similarity of appearance with the state awards, shall –

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

Article 675. Illegal wearing (use) of clothes with the rank badges and (or) symbolics of military uniform, as well as official uniform and special outfit

1. Illegal wearing (use) of clothes with the rank badges and (or) symbolics of military uniform, as well as official uniform and special outfit, shall –

entail a fine on individuals in amount of five, on legal entities in amount of twenty five monthly calculation indices, with the confiscation of the clothes with the rank badges and (or) symbolics of military uniform, as well as official uniform and special outfit.

2. The same action committed by a legal entity having a license for carrying out the protection activity, due to carrying out of this activity, shall –

entail a fine on legal entities in amount of thirty monthly calculation indices, with the confiscation of the clothes with the rank badges and (or) symbolics of military uniform, as well as official uniform and special outfit.

3. Illegal wearing (use) special clothes of the employee of the private security organization holding the security guard's position –

subject to fine natural persons at a rate of five monthly settlement indicators with confiscation of special clothes.

Footnote. Article 675 with the change made by the Law of the Republic of Kazakhstan from 22.12.2016 № 28-VІ (shall be enforced after ten calendar days after day of its first official publication).

Chapter 34. ADMINISTRATIVE CORRUPTION INFRACTIONS Article 676. Provision of illegal material remuneration to individuals

Provision of illegal material remuneration, gifts, benefits or services by individuals to the persons authorized to perform the state functions, or to the persons equated to them, if these actions do not contain the signs of a criminally punishable act, shall –

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

Article 677. Receipt of illegal material remuneration by the person authorized to perform the state functions, or by the person equated to him (her)

Receipt of illegal material remuneration, gifts, benefits or services by the person authorized to perform the state functions, or by the person equated to him (her) personally or through intermediary for the actions (omission) in favour of the persons that provided them, if such actions (omission) are included into official powers of the person authorized to perform the state functions, or the person equated to him (her), if these actions do not contain the signs of a criminally punishable act, shall –

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

Article 678. Provision of illegal material remuneration by legal entities

1. Provision of illegal material remuneration, gifts, benefits or services by legal entities to the persons authorized to perform the state functions, or to the persons equated to them, if these actions do not contain the signs of a criminally punishable act, shall –

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

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

entail a fine in amount of one thousand five hundred monthly calculation indices.

Article 679. Carrying out of illegal entrepreneurial activity and receipt of illegal incomes by the state bodies and bodies of local self-government

Engagement in entrepreneurial activity by the state bodies, bodies of local self-government outside the functions imposed on them by the legislation or receipt of the material goods and advantages, besides the established sources of financing, shall –

entail a fine on heads of these organizations in amount of six hundred monthly calculation indices.

Article 680. Rejection by heads of public authorities of measures for anti-corruption

Rejection by the heads or responsible secretaries or other officials determined by the President of the Republic of Kazakhstan, public authorities, Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan within the powers of measures for elimination of violations of the law of the Republic of Kazakhstan about anti-corruption or concerning the persons guilty of commission of corruption offenses subordinated to them or acceptance of the specified measures with violation of the law of the Republic of Kazakhstan about anti-corruption, or failure to provide the relevant information in bodies of state revenues at the place of residence of perpetrators –

subject to fine a rate of hundred monthly settlement indicators.

Footnote. Article 680 in edition of the Law of the Republic of Kazakhstan from 11/18/2015 № 411-V (shall be enforced from 1/1/2016); with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 681. Employment of the persons that previously committed a corruption crime

Employment of the persons that previously committed a corruption crime by a head of the state bodies, institutions and enterprises or by a head of the national companies, national management holdings, national holdings, national development institute, as well as their branch organizations, shall –

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

SECTION 3. THE BODIES AUTHORIZED TO CONSIDER THE CASES ON
ADMINISTRATIVE INFRACTIONS
Chapter 35. GENERAL PROVISIONS Article 682. Bodies (officials), authorized to consider cases on administrative infractions

Cases on administrative infractions shall be considered by:

1) judges of specialized district and equivalent courts for administrative infractions;

2) judges of specialized inter-district juvenile courts;

3) officials of state bodies, authorized by this Code.

Note. If on the territory of the corresponding administrative-territorial unit a specialized district court and a court equivalent to it for administrative infractions and a specialized inter-district court for juvenile affairs are not formed, the cases referred to their jurisdiction shall be eligible to be considered by district (city) courts.

Footnote. Article 682 as amended by the Law of the Republic of Kazakhstan dated 29.06.2020 № 351-VI (shall be enforced from 01.07.2021).

Article 683. Differentiation of the competence of the bodies (civil servants) authorized to consider the cases on administrative infractions

1. The judges shall consider the cases on administrative infractions related to their jurisdiction by this Code.

2. The civil servants of the state bodies, authorized to consider the cases on administrative infractions shall consider the cases and impose the administrative sanctions for administrative infractions, with the exception of the cases mentioned in Article 684 of this Code.

3. The cases on administrative infractions, the one of the types of administrative sanction for which provides administrative arrest, administrative expulsion of foreign persons or stateless persons beyond the borders of the Republic of Kazakhstan, confiscation of the subjects that are the tool or subject for commission of administrative infraction, and equally confiscation of incomes (dividends), money and securities received due to commission of the administrative infraction, deprivation of the special right afforded to a particular person (including the right of operating vehicle), compulsory demolition of illegally building or built structure shall be considered by a judge.

4. In accordance with Article 24 of this Code, upon written application of the person in respect of whom the administrative infraction proceeding is conducted, the case on any infraction provided by the Special part of section 2 of this Code, shall be considered by a judge, if it is filed before consideration of the case on administrative infraction.

5. According to the written statement or according to the statement in electronic form, certified by the digital signature of a lawful representative of the person concerning whom proceeding of administrative infraction is conducted, or the victim who is a minor or on the physical or mental state deprived of an opportunity independently to carry out the rights, case can be considered in the specialized district and equated to them courts for administrative infractions, and in the absence of those – in general courts.

Footnote. Article 683 with the change made by the Law of the Republic of Kazakhstan from 31.1o2015 № 378-V (shall be enforced from 01.01.2016); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 29.06.2020 № 351-VI (shall be enforced from 01.07.2021).

Chapter 36. JURISDICTION OF THE CASES ON ADMINISTRATIVE
INFRACTIONS, COMPETENCE OF CIVIL SERVANTS ON CONSIDERING
THE CASES AND IMPOSITION OF ADMINISTRATIVE SANCTIONS

Article 684. Courts

1. Judges of specialized district and equivalent courts for administrative offenses shall consider cases of administrative offenses provided for in Articles 73, 73-3, 74, 76, 77, 78, 80 (parts 2-2 and four), 80-1 (parts two, four and five), 81 (second part), 82 (second part), 82-1, 85, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111 , 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127-2, 139 (part two), 145, 147-1, 149, 150 , 151 (part two), 154, 156-1, 158, 159 (parts one, two, three, 3-1 and four), 160 (part two), 169 (parts two, seven, ten, eleven, twelve, thirteen and fourteen), 170 (parts seven, ten and twelve), 171, 173, 174 (part two), 175, 175-1, 176, 176-1, 182, 190 (parts two, three and four), 193 (parts two and three), 200, 214 (parts one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve and thirteen), 214-1, 234-1,245, 246, 247 (parts 7-1, ninth and eleventh), 251, 281 (parts four, five and six), 282 (parts three, four, six, seven, eleven and thirteen), 283, 283-1, 294 (parts one and two), 299 (part two), 312 (part two), 313, 314, 316 (part two), 317 (part four), 317-1 (part two), 317-2 (part two), 319, 320 (parts one, two and three), 327-2 (part two), 328 (parts three and four), 331 (part four), 344 (part one), 356 (part fourteen), 357, 360 (part one) , 381-1, 382 (parts two and three), 383 (parts three and four), 385 (part two), 389, 392 (part three), 395 (part two), 396 (part two), 398, 400 (part two), 401 (parts six and seven), 402 (part four), 407 (parts two and three), 409 (parts 7-1 and 7-8), 415 (part two), 415-1 (part two), 416, 417 (parts one and six), 419 (part two), 423, 423-1,424 (parts three and five), 424-1, 425 (part two), 426 (parts two, three and four) , 427, 433 (part two), 434, 436, 439, 440 (part three), 443 (part two), 443-1 (part two), 444 (part one), 445, 445-1, 446, 449 (parts two and three), 450 (part two), 451 (parts one, two and three), 452 (parts three and four), 453, 456-1, 456-2, 461, 462, 463, 465, 476 , 477, 478, 479, 480 (part two), 481, 482, 483, 485 (part two), 488, 489 (parts two, three, four, five, six, seven and eight), 489-1, 490 , 495 (part two), 496 (parts two and three), 498, 506, 507, 508, 510 (part four), 512 (part two), 513 (part two), 514 (part two), 516, 517 (parts two, four, five, six and seven), 528 (part 1-1), 532 (part two), 543 (parts 1-1, three and four), 544, 545, 548 (part two), 549 , 550, 552 (part two), 563 (part two), 564 (part five), 569 (parts one, two and four), 590 (parts 2-1, four and 4-1), 596 (part three) , 603 (parts one and two), 606 (part two), 607 (part two), 608, 610, 611 (parts two and three), 612 (parts three and 4-1), 613 (parts one, three, 3-1, four, five, nine, ten and eleven), 615 (part of the fourth), 618, 621 (part three), 637 (parts eight, nine, ten and thirteen), 638 (part two), 651, 652 , 653, 653-1, 654, 655, 656, 657, 658, 659, 660, 661, 662, 664, 664-1, 665, 666, 667, 668, 668-1, 669, 673, 674, 675 , 676, 677, 678, 679, 680, 681 of this Code, except for the cases provided for in part three of this article.

2. Judges of specialized interdistrict juvenile courts shall consider cases:

1) on administrative infractions committed by minors provided by Articles 435, 436 (part three), 438 (part three), 440 (part three), 442 (part three), 448 of this Code;

2) on administrative infractions provided by Articles 127, 127-1, 128, 129, 130, 131, 133, 134, 135, 430 (part two), 663 of this Code.

3. Judges of the Supreme Court, regional and equivalent courts, district and equivalent courts shall consider cases provided by Article 653 of this Code on the facts of contempt of court by a person present in the process, established during judicial proceedings.

Footnote. Article 684 is in the wording of 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); as amended by the laws of the Republic of Kazakhstan dated 30.12.2016 № 41-VІ (shall be enforced from 01.01.2021); dated 25.06.2020 № 347-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 26.06.2020 № 349-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 29.06.2020 № 351-VI (shall be enforced from 01.07.2021); dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 02.01.2021 № 403-VI (shall be enforced from 01.07.2021); dated 05.01.2021 № 409-VI (shall be enforced from 01.01.2022); dated 02.07.2021 № 63-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 29.12.2021 № 92-VII (shall be enforced six months after the day of its first official publication); dated 01.07.2022 № 132-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 30.12.2022 № 180-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 03.01.2023 № 187-VII (see Article 2 for the procedure for entry into force); dated 10.07.2023 № 20-VIII (effective sixty calendar days after the date of its first official publication); dated 15.04.2024 № 73-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication); dated 19.06.2024 № 95-VIII (effective sixty calendar days after the date of its first official publication).

Article 685. Internal Affairs Authorities (Police)

1. The internal affairs bodies consider cases of administrative offenses provided for in Articles 132, 146, 147, 190 (part one), 192, 196, 197, 198, 204, 204-1, 230 ( part two) (in terms of offenses committed by vehicle owners and carriers on road transport and urban rail transport), 334, 359, 364, 382 (part one), 383 (parts one and two), 386, 395 (part one), 396 (part one), 407-1, 407-2, 408, 420, 421, 422, 432, 433 ( part one), 434-1, 434-2, 437, 438 (parts one and two), 440 (parts one and two), 441, 441-1, 442 (parts one and two), 443 (part one), 443-1 (part three), 444 (part two), 447, 449 (part one), 450 (part one), 458, 464, 469, 470, 480 ( part one), 484, 485(part one), 485-1, 486, 487, 489 ( parts one, nine, ten and eleven), 492, 493, 494, 495 ( part one), 496 (part one), 505, 510 (parts one, two, three and five), 512 (part one), 513 (part one), 514 (part one), 515, 517 (part three), 518, 519 (parts one, three, five and six), 559 (parts one, two, four and five), 560, 562, 564 (part four), 566, 571 (parts two and three), 572 (part two), 573, 590 (parts one, two, three, five, six, seven, eight, nine and ten), 591, 592, 593, 594, 595, 596 (parts one, two, four and five), 597, 598, 599, 600, 601, 602, 603 ( part three), 606 (part one), 607 (part one), 611 (part one), 612 (parts one, two, four, five and six), 613 (parts twelve and thirteen),614, 615 (parts one, two and three), 617, 619, 619-1, 620, 621 ( parts one, two and four), 622, 625 (excluding violations in road transport), 626, 630, 631, 632, 635 ( parts one and two) of this Code.

2. To consider cases of administrative infractions and impose administrative sanctions on behalf of the Internal Affairs Authorities shall have the right:

1) for all Articles of this Code referred to the jurisdiction of the Internal Affairs Authorities - the chairmen of committees and heads of departments of the Ministry of Internal Affairs, heads of territorial Internal Affairs Authorities, divisions of the administrative, migration police, local police service of the region, city of republican significance, the capital, their deputies;

2) for administrative offenses provided for in articles 132, 147, 190 (part one), 192, 196, 197, 198, 204-1, 359, 395 ( part one), 396 (part one), 420, 421, 432, 433 ( part one), 434-1, 434-2, 437, 438 (parts one and two), 441-1, 444 (part two), 458, 464, 469, 470, 480 ( part one), 484,485 (part one), 486, 487, 489 (parts one, nine, ten and eleven), 492, 493, 494, 495 (part one), 496 (part one), 505 (part two), 510 (parts one, two, three and five), 512 (part one), 513 (part one), 514 (part one), 515, 517 (part three), 518, 519 (parts one, three, five and six), 562, 571 (part three), 590 (parts three, eight and ten), 591 (part two), 592 (parts three and four), 593, 594 (part four), 595 (part four), 596 (parts four and five), 597 (parts five and six), 598 (part two), 599 (part two), 600 (part two), 601 (part two), 602 (part two), 603 (part three), 612 (parts four, five and six), 613 (part thirteen), 614, 615 (part three), 617, 619, 619-1, 621 ( part two), 630, 631, 632, 635 (parts one and two) of this Code, – heads of departments, police departments, administrative divisions, migration police, local police service of the district (city, district in the city) and their deputies;

3) for administrative offenses provided for by articles 196, 197, 407-1, 407-2,420, 444 ( part two), 458, 484, 485 (part one), 492, 496 (part one), 510 (parts one, two, three and five), 513 (part one), 514 (part one), 515, 517 (part three), 518, 519 (parts one, three, five and six), 559 (parts one, two, four and five), 560, 562, 564 (part four), 566, 625 (for committing offenses on railway transport), 630 (part one) of this Code, – heads of line departments, departments, police stations of internal affairs bodies and their deputies;

4) for administrative infractions provided by Articles 146, 204, 230 (part two) (in terms of infractions committed by owners of vehicles and carriers in road transport and urban rail transport), 334, 364, 382 (part one), 383 (parts one and two), 386, 407-1, 407-2, 408, 434-2, 437 (part one), 440 (part one and two), 441, 442 (part one and two), 443 (part one), 447, 449 (part one) , 492, 493, 494, 505 (part one), 571 (part two), 572 (part two), 573 (part four), 590 (parts one, two, five, six, seven and nine), 591 (part one), 592 (parts one and two), 593, 594 (parts one and two), 595 (parts one, two and three), 596 (parts one and two), 597 (parts one, two, three, four, 4-1 and 4-2), 598 (part one), 599 (part one), 600 (part one), 601 (part one), 602 (part one), 606 (part one), 607 (part one), 611 (part one), 612 (parts one and two), 613 (part twelve), 615 (parts one and two), 620, 621 (parts one and four), 622, 630 (part one) (in relation to individuals) of this Code, - employees of Internal Affairs Authorities (police) with special titles;

4-1) for administrative offenses provided for in Articles 132 (part one), 441-1, 480 (part one), 614 of this Code – precinct police inspectors;

5) for administrative infractions provided by Articles 395 (part one), 396 (part one) of this Code - the heads of specialized police units of the Internal Affairs Authorities for combating criminal encroachments on fish stocks and their deputies.

Footnote. Article 685 is in the wording of 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); as amended by the laws of the Republic of Kazakhstan dated 30.12.2016 № 41-VІ (shall be enforced from 01.01.2021); dated 25.06.2020 № 346-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 30.12.2021 № 99-VII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication); dated 02.07.2021 № 63-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 23.12.2023 № 50-VIII (effective from 01.01.2024).

Article 686. Authorized body in the scope of civil defence

1. Authorized body in the scope of civil defence shall consider the cases on administrative infractions:

1) in the field of fire safety, provided by Articles 336, 359, 367, 410, 410-1, 411, 438 (parts one and two), 589 of this Code;

2) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015);

3) in the field of civil defence provided by Articles 412 and 643 of this Code.

2. On behalf of the authorities of the state fire service, to consider cases and impose administrative sanction on behalf of the authorized authority in the field of civil protection shall have the right:

1) the state inspector of region, city of republican significance, the capital, district, city of regional significance, district in city for state control in the field of fire safety - a fine on individuals up to fifteen, on officials, small entrepreneurship - up to thirty-five monthly calculation indices;

2) the state inspector of the Republic of Kazakhstan for state control in the field of fire safety, the chief state inspector of region, city of republican significance, the capital for state control in the field of fire safety and his deputy - a fine on individuals up to thirty-five, on officials - up to one hundred, on entrepreneurship entities, non-profit organizations - up to three hundred monthly calculation indices;

3) the chief state inspector of the Republic of Kazakhstan for state control in the field of fire safety and his deputy - a fine on individuals up to two hundred, for officials - up to five hundred, for entrepreneurship entities, non-profit organizations - up to two thousand monthly calculation indices.

3. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015).

4. The following persons shall have the right to consider the cases on administrative infarctions linked with non-performance of the measures of civil defence, and to impose the administrative sanctions in the scope of civil defence:

1) the state inspector of area, city of republican value, the capital, area, city of regional value, the area in the city on the state control in the field of civil defense – a penalty on natural persons to eight, on official and legal entities – to twenty five sizes of a monthly settlement indicator;

2) the state state control inspector of the Republic of Kazakhstan in the field of civil defense, the chief state inspector of area, city of republican value, the capital on the state control in the field of civil defense and his deputy – a penalty on natural persons, on official and legal entities – to fifty five sizes of a monthly settlement indicator;

3) the chief state state control inspector of the Republic of Kazakhstan in the field of civil defense and his deputy – a penalty on natural persons, on official and legal entities – to sixty five sizes of a monthly settlement indicator.

Footnote. Article 686 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 686-1. Authorized body in the field of mobilization training

1. Authorized body in the field of mobilization training shall consider cases on administrative infractions, provided for by Article 643-1 of this Code.

2. The head of the authorized body in the field of mobilization training and his deputies shall have the right to consider cases of administrative infractions and impose administrative penalties.

Footnote. Chapter 36 is supplemented with Article 686-1 in accordance with the Law of the Republic of Kazakhstan dated 25.05.2020 № 332-VI (shall be enforced upon expiration of ten calendar days after the date of its first official publication).

Article 687. Authorized agency on study of subsoil

Footnote. Heading of Article 687 is in the wording of the Law of the Republic of Kazakhstan № 126-VI dated 27.12.2017 (shall be enforced upon expiry of six months after its first official publication).

1. Authorized body on study of subsoil shall consider the cases on administrative infractiiions, provided for by Articles 349, 350, 352, 353, 354, 355, 356 (part one), 391 of this Code..

2. The following persons shall have the right to consider the cases on administrative infractions and impose the administrative sanctions:

1) the territorial senior state and territorial state inspectors on study and use of subsoil – a fine up to one hundred fifty monthly calculation indices;

2) the state inspectors of the Republic of Kazakhstan on study and use of subsoil, the deputies of territorial chief state inspectors on study and use of subsoil – a fine up to two hundred fifty monthly calculation indices;

3) the senior state inspectors of the Republic of Kazakhstan on study and use of subsoil, the territorial chief state inspectors on study and use of subsoil – a fine up to five hundred monthly calculation indices;

4) the chief state inspector of the Republic of Kazakhstan on study and use of subsoil and his (her) deputies – a fine up to one thousand monthly calculation indices.

Footnote. Article 687 as amended by the Law of the Republic of Kazakhstan № 126-VI dated 27.12.2017 (shall be enforced upon expiry of six months after its first official publication); № 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.01.2021 № 403-VI (shall be enforced from 01.07.2021).

Article 687-1. Authorized agency in the field of solid minerals

1. Authorized body in the field of solid minerals shall consider the cases on administrative infractions, provided for by Articles 346, 349, 353 of this Code.

2. Heads and authorized officials of the authorized agency in the field of solid minerals shall have the right to consider the cases on administrative offences and impose administrative sanctions.

Footnote. Chapter 36 is supplemented by Article 687-1 in accordance with the Law of the Republic of Kazakhstan № 126-VI dated 27.12.2017 (shall be enforced upon expiry of six months after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 № 403-VI (shall be enforced from 01.07.2021).

Article 688. Authorized agency in the field of hydrocarbons

1. Authorized body in the field of hydrocarbons shall consider cases of administrative infractions provided for by 170 (parts one, 1-1, two, three, four, five and six), 281 (parts seven, eight, nine and ten), 345, 348, 349, 350, 353 (part one) (in terms of exploration and (or) production of hydrocarbons), 356 (parts one, three, four, five, six, seven, eight, nine, eleven, twelve and thirteen), 464 (part one), 635 (part three) of this Code.

2. Officials of the authorized agency in the field of hydrocarbons and the heads of its territorial divisions shall have the right to consider the cases on administrative offences and impose administrative sanctions.

Footnote. Article 688 is in the wording of the Law of the Republic of Kazakhstan № 126-VI dated 27.12.2017 (shall be enforced upon expiry of six months after its first official publication); as amended by the laws 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); dated 04.07.2018 № 173-VI (shall be enforced from 01.01.2022); dated 02.01.2021 № 403-VI (shall be enforced from 01.07.2021).

Article 688-1. Authorized agency in the field of uranium mining

1. Authorized body in the field of uranium mining shall consider cases on administrative infractions, provided for by Articles 345, 346, 349, 350, 353 (in terms of uranium mining operations) of this Code.

2. The officials of the authority of the authorized agency in the field of uranium mining shall have the right to consider the cases on administrative offenses and impose administrative sanctions.

Footnote. Chapter 36 is supplemented by Article 688-1 in accordance with the Law of the Republic of Kazakhstan № 126-VI dated 27.12.2017 (shall be enforced upon expiry of six months after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 № 403-VI (shall be enforced from 01.07.2021).

Article 689. The body carrying out the state control in the field of energy saving and increase of energy efficiency

1. The agency exercising the state control in the field of energy saving and increase of energy efficiency shall consider cases on administrative offenses provided by articles 289, 292, 293, 296 of this Code.

2. The heads of territorial subdivisions of the body carrying out the state control in the field of energy saving and increase of energy efficiency shall have the right to consider the cases on administrative infractions and impose the administrative sanctions.

Footnote. Article 689 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); № 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 690. The bodies on the state energy supervision and control

1. Authorities for state energy supervision and control consider cases of administrative infraction provided by Articles 172 (except for boiler houses of all capacities, heating networks and thermal energy), 300 (except for boiler houses of all capacities, heating networks and heat consumers), 300-1, 301 (excluding boiler houses of all capacities and heating networks), 301-1, 301-2 (excluding boiler houses of all capacities and heating networks), 302, 303 (excluding boiler houses of all capacities and heat energy), 305 (excluding in protective zones of heating networks) of this Code.

2. The heads of territorial subdivisions of the bodies on the state energy supervision and control shall have the right to consider the cases on administrative infractions and impose the administrative sanctions.

Footnote. Article 690 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); from 14.01.2015 № 279-V (shall be enforced after ten calendar days after day of its first official publication); from 29.03.2016 № 479-V (shall be enforced after twenty one calendar days after day of its first official publication); from 11.07.2017 № 89-VI (shall be enforced after ten calendar days after day of its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 690-1. Authorized body in the field of use of atomic energy

1. The authorized authority in the field of use of atomic energy shall consider cases of administrative infractions provided by Articles 413, 413-1, 414, 464 of this Code.

2. To consider cases of administrative offenses and to impose administrative penalties on behalf of authorized body in the field of use of atomic energy the having the right head of the department which is the licensor in the sphere of use of atomic energy and his deputies.

Footnote. Chapter 36 is supplemented with article 690-1 according to the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); as amended by the laws 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 691. Authorized authority in the field of transport and communications

1. The authorized authority in the field of transport and communications shall consider cases of administrative infractions provided by Articles 230 (part two) (in terms of infractions committed by carriers on railway, sea and inland water transport), 464, 564 (parts one, two, three and four), 565, 580, 581 (part one), 582, 583, 633, 634of this Code.

The heads of the authorized authority in the field of transport and communications, its territorial divisions and their deputies shall have the right to consider cases of administrative infractions and impose administrative sanctions.

2. Transport control authorities consider cases of administrative infractions provided by Articles 464, 559 (parts two, three, fourth, sixth, seventh, eighth and ninth), 561, 571, 571-1, 572, 573, 575, 577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 590 (part eight), 616, 621 (part one, two and four), 623, 624-1 , 625 (with regard to violations in road transport), 627, 628 of this Code.

The following shall be entitled to consider cases of administrative infractions and impose administrative sanctions on behalf of the transport control authorities:

1) for all Articles of this Code related to the jurisdiction of transport control authorities - the head of the transport control authority and his deputies, heads of territorial transport control authorities and their deputies;

2) for administrative infractions provided by Articles 464 (part one), 561, 571 (parts two, 2-1, three, four, five seven and eight), 571-1 (part one), 572, 573, 582, 583, 584, 585, 586, 587, 588, 616 (part one), 621 (parts one, two and four), 623, 625 (with regard to violations in road transport), 627 of this Code, - authorized officials transport control authorities.

The amount of fine imposed by the officials specified in Paragraph four of part two of this Article may not exceed twenty monthly calculation indices.

3. The authorized authority in the field of civil aviation shall consider cases of administrative infractions provided by Articles 164, 166, 167, 230 (part two) (in terms of offenses committed by air carriers), 250, 563 (part one), 564 (for with the exception of cases of violations provided for in parts one, three, four (committed at aerodromes other than civil aviation, or in the area of ​​such aerodromes) and part five), 565, 565-1, 565-2, 567, 568, 569 (parts three, five, six, seven and eight), 570, 571 (part one), 589 (regarding violations in air transport), 626 of this Code.

The following shall be entitled to consider cases of administrative infractions and impose administrative sanctions on behalf of the authorized authority in the field of civil aviation:

1) for all Articles of this Code referred to the jurisdiction of the authorized authority in the field of civil aviation - the head of the authorized authority in the field of civil aviation and his deputies;

2) for administrative infractions provided by Articles 564 (except for cases of violations provided by parts one, three, four (committed at aerodromes that are not related to civil aviation, or in the area of such aerodromes) and part five), 565, 569 (parts three, five, six and seven), 589 (in terms of violations in air transport) of this Code, - authorized officials of the authorized authority in the field of civil aviation.

Footnote. Article 691 is in the wording of 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); as amended by the Law of the Republic of Kazakhstan dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 692. Authorized body in the field of communications and informatization

1. The authorized body in the field of informatization and communications considers cases of administrative offenses provided for in Articles 164, 250, 464, 637 (parts one, two, three, four, five, six, seven, eleven, twelve , fourteen and fifteen), 638 (part one) of this Code.

2. To consider cases of administrative offenses and to impose administrative penalties has the right:

1) the head of authorized body in the field of informatization and communication and his deputies;

2) heads of territorial authorities of authorized body in the field of informatization and communication.

Footnote. Article 692 with the changes made by the laws of the Republic of Kazakhstan from 24.11.2015 № 419-V (shall be enforced from 01.01.2016); from 28.12.2017 № 128-VI (shall be enforced after ten calendar days after day of its first official publication); № 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 25.06.2020 № 347-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 692-1. Authorized body in mass media

Footnote. The title of Article 692-1 is as amended by the Law of the Republic of Kazakhstan dated June 19, 2024 № 95-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

1. The authorized body in mass media shall consider administrative offenses cases provided for in Articles 451 (parts four, five, six, seven, ten, eleven, twelve, thirteen, fourteen and fifteen), 454, 455 (part one, subparagraphs 1 ), 2), 3) and 5) parts two, parts four and five), 456 and 464 of this Code, within their competence.

2. To consider cases of administrative offenses and to impose administrative penalties has the right:

1) the head of authorized body in the field of information and his deputies.

2) it is excluded by the Law of the Republic of Kazakhstan from 28.12.2017 № 128-VI (shall be enforced after ten calendar days after day of its first official publication).
Footnote. Chapter 36 is supplemented with article 692-1 according to the Law of the Republic of Kazakhstan from 24.11 2015 № 419-V (shall be enforced from 01.01.2016); with the changes made by laws RK from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); from 28.12.2017 № 128-VI (shall be enforced after ten calendar days after day of its first official publication); № 215-VІ dated 08.01.2019 (shall be enforced upon expiry of three months after its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 19.06.2024 № 95-VIII (effective sixty calendar days after the date of its first official publication).

Article 692-2. Authorized body in the sphere of ensuring information security

1. Authorized body in the sphere of ensuring information security shall consider cases of the administrative infractions, provided for by Articles 79, 639, 640, 641 of this Code.

2. To consider cases of administrative offenses and to impose administrative penalties has the right:

1) the head of authorized body in the sphere of ensuring information security and his deputies;

2) the head of department of authorized body in the sphere of ensuring information security and his deputies.

Footnote. Chapter 36 is supplemented with article 692-2 according to the Law of the Republic of Kazakhstan from 28.12.2017 № 128-VI (shall be enforced after ten calendar days after day of its first official publication)$ № 237-VI dated 18.03.2019 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.06.2020 № 347-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 693. The bodies carrying out state control in the field of labour legislation of the Republic of Kazakhstan

1. The bodies of the state labor inspectorate consider cases of administrative offenses provided for in Articles 83 (in terms of offenses committed by employers), 86, 87, 88, 89 (with the exception of employers who are in a relationship with a civil servant), 90, 93 (parts one, three, four, five, six and seven), 94, 95, 96, 97, 98, 230 (part two in terms of offenses committed by employers), 519 of this Code.

2. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015).

3. The following persons shall have the right to consider the cases on administrative infractions and impose the administrative sanctions:

1) state labour inspectors;

2) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015).
Footnote. Article 693 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015); № 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 06.02.2023 № 195-VII (shall be enforced from 01.04.2023).

Article 694. Bodies of justice

1. The justice authorities shall consider cases of administrative infractions provided by Articles 230 (part two, when these violations were committed by private notaries), 457, 468, 670, 671 and 672 of this Code.

2. The head of the authorized body in the field of state registration of regulatory legal acts, in the field of enforcement of executive documents and their deputies, heads of regional, cities of republican significance and the capital of justice bodies and their deputies, as well as heads of district and city departments of justice shall be eligible to consider cases on administrative infractions and to impose sanctions.

Footnote. Article 694 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); with the changes made by laws Republic of Kazakhstan from 26.07.2016 № 12-VІ (shall be enforced after thirty calendar days after day of its first official publication); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); № 210-VI dated 28.12.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 26.06.2020 № 349-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 695. Authorized agency for state registration of rights to immovable property, legal entities, vital records

Footnote. Heading is in the wording of the Law of the Republic of Kazakhstan № 134-VI dated 10.01.2018 (shall be enforced upon expiry of six months after its first official publication).

1. The authorized authority in the field of state registration of rights to immovable property, legal entities, acts of civil status shall consider cases of administrative infractions provided by Articles 464 and 466 of this Code.

2. The heads of the authorized agency for state registration of rights to immovable property, legal entities, vital records, its territorial divisions and their deputies shall have the right to consider the cases on administrative offences and impose administrative sanctions.

Footnote. Article 695 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); with the change made by the Law of the Republic of Kazakhstan from 7/26/2016 № 12-VІ (shall be enforced after thirty calendar days after day of its first official publication); № 134-VI dated 10.01.2018 (shall be enforced upon expiry of six months after its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 26.01.2021 № 412-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 696. Bodies of migration

Footnote. Article 696 is excluded by the Law of the Republic of Kazakhstan № 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 697. Authorized body in the field of environmental protection

1. Authorized body in the field of environmental protection shall consider cases of administrative infractions provided for by Articles 139 (part one), 230 (part two in terms of infractions committed by persons carrying out environmentally hazardous economic and other activities), 297 (part one), 324, 325, 326, 327-1, 327-2 (part one), 328 (parts one, two, five, six, seven, eight, nine, ten and eleven), 329, 330, 331 (parts one, two and three), 332, 333, 334, 336, 337 (parts three and four), 343-1, 344 (parts two, three, four and five), 344-1, 344-2, 346, 347, 352, 353 (part one), 356 (part two), 358, 377 (part one), 399, 464 of this Code.

2. The following persons shall have the right to consider the cases on administrative infractions and impose the administrative sanctions:

1) the state environmental inspectors and senior state environmental inspectors of oblasts, cities of republican significance, the capital – a fine on individuals up to twenty, on civil servants – up to fifty, on legal entities – up to two hundred monthly calculation indices;

2) the state environmental inspectors of the Republic of Kazakhstan – a fine on individuals up to twenty, on civil servants – up to seventy, on legal entities – up to two hundred fifty monthly calculation indices;

3) the senior state environmental inspectors of the Republic of Kazakhstan – a fine on individuals up to forty, on civil servants – up to three hundred, on legal entities – up to five hundred monthly calculation indices;

4) the senior state environmental inspectors of oblasts, cities of republican significance, the capital – a fine on individuals до fifty, on officials – up to one hundred and fifty, on legal entities – up to two thousand monthly calculation indices, as well as a fine expressed as a percentage of the amount of the rate of payment for the negative impact on the environment, the amount of economic benefit received as a result of violation of the requirements of the environmental legislation of the Republic of Kazakhstan, or the amount of damage caused as a result of violation of state ownership of the subsoil;

5) The Chief state environmental inspector of the Republic of Kazakhstan and his (her) deputy – a fine on individuals до fifty, on officials – up to one hundred and fifty, on legal entities – p to two thousand monthly calculation indices, as well as a fine expressed as a percentage of the amount of the rate of payment for the negative impact on the environment, the amount of economic benefit received as a result of violation of the requirements of the environmental legislation of the Republic of Kazakhstan, or the amount of damage caused as a result violation of state ownership of subsoil.

Footnote. Article 697 with the change made by the Law of the Republic of Kazakhstan from 17.11.2015 № 407-V (shall be enforced from 01.01./2016); № 126-VI dated 27.12.2017 (shall be enforced upon expiry of six months after its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 02.01.2021 № 403-VI (shall be enforced from 01.07.2021).

Article 698. Authorized authority in the field of industrial safety

1. Authorized body in the field of industrial safety shall consider cases of administrative infractions provided for by Articles 297, 298 (except for social infrastructure facilities), 299 (part one) (except for dam safety), 305 (for violations in the protected zones of industrial gas supply systems. consumers), 306, 307 (in terms of industrial consumers), 308, 352, 353 (part one) (in terms of technical safety), 464 (part one) of this Code.

2. The following shall be entitled to consider cases of administrative infractions in the field of industrial safety and impose administrative sanctions on behalf of the authorized authority in the field of industrial safety:

1) the chief state inspector of the Republic of Kazakhstan for state supervision in the field of industrial safety and his deputy;

2) the state inspector of the Republic of Kazakhstan for state supervision in the field of industrial safety, the chief state inspector of region, city of republican significance, capital for state supervision in the field of industrial safety and his deputy;

3) the state inspector of region, city of republican significance, the capital for state supervision in the field of industrial safety.

The amount of fine imposed by the officials indicated in paragraph four of part two of this Article may not exceed fifteen monthly calculation indices.

Footnote. Article 698 is in the wording of 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); as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 № 403-VI (shall be enforced from 01.07.2021).

Article 698-1. Authorized body in the field of regulation of production of precious metals and turnover of precious metals and gemstones, the raw materials containing precious metals, jewelry and other products from precious metals and gemstones

1. The authorized body in the field of regulation of production of precious metals and turnover of precious metals and gemstones, the raw materials containing precious metals, jewelry and other products from precious metals and gemstones considers the cases of administrative offenses provided by articles 190-1 and 297-1 of the present Code.

2. To consider cases of administrative offenses and to impose administrative penalties has the right:

1) on the administrative offenses provided by article 190-1 – the Chief state state control and supervision inspector of the Republic of Kazakhstan and its deputies and also the chief state inspectors of areas and cities on the state control and supervision and their deputies;

2) on the administrative offenses provided by article 297-1 – the head of authorized body in the field of regulation of production of precious metals and turnover of precious metals and gemstones, the raw materials containing precious metals, jewelry and other products from precious metals and gemstones and his deputies.

Footnote. Chapter 36 is supplemented with article 698-1 according to the Law of the Republic of Kazakhstan from 14.01.2015 № 445-V (shall be enforced after twenty one calendar days after day of its first official publication).

Article 699. Bodies of the Ministry of Defence of the Republic of Kazakhstan

1. Bodies of the Ministry of Defence of the Republic of Kazakhstan shall consider the cases on administrative infractions provided by Articles 642, 644, 645, 646, 647, 648, 649, 650 of this Code.

2. The heads of local bodies of military administration shall have the right to consider the cases on administrative infractions and impose the administrative sanctions in behalf of the Ministry of Defence of the Republic of Kazakhstan.

Article 699-1. Authority in the field of space activity

1. The authorized authority in the field of space activity shall consider cases on administrative infractions provided by Articles 310, 311 of this Code.

2. The head of the authorized authority in the field of space activity and his deputies shall have the right to consider cases of administrative infractions and impose administrative sanctions.

Footnote. Chapter 36 is supplemented by Article 699-1 in accordance with 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 700. Healthcare authorities

1. The state body in the field of circulation of medicines and medical devices and its territorial divisions consider cases of administrative infractions provided for by Articles 424 (part one), 426 (parts one, 2-1 and 2-2), 432, 464 of this Code, within its competence.

The head of the state authority in the field of circulation of medicines and medical devices, his deputies, heads of territorial divisions and their deputies shall have the right to consider cases of administrative infractions and impose administrative sanctions.

2. The state body in the field of rendering medical services (assistance) and its territorial divisions consider cases of administrative infractions provided for by Articles 80 (parts 2-1 and three), 80-1 (parts one and three), 81 (part one), 82 (part one), 424 (parts one, two and four), 428, 432, 433 (part one), 464 (part one) of this Code, within its competence.

The head of the state body in the field of medical services (assistance), his deputies, heads of territorial divisions and their deputies shall be entitled to consider cases of administrative infractions and to impose administrative penalties.

Footnote. Article 700 is in the wording of 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); as amended by the Law of the Republic of Kazakhstan dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 701. The state body in the field of sanitary and epidemiological welfare of the population

Footnote. The heading of Article 701 as amended by the Law of the Republic of Kazakhstan dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

State bodies, exercising control and supervision in the field of sanitary and epidemiological welfare of the population, consider cases of administrative infractions provided for by Articles 93 (parts two and five), 203, 415 (part one), 425 (part one), 428, 429, 430 (part one), 431, 433 (part one), 464 (part one) of this Code.

The head of the state authority in the field of sanitary and epidemiological welfare of the population, his deputies, heads of territorial divisions and their deputies shall have the right to consider cases of administrative infractions and impose administrative sanctions.

Footnote. Article 701 is in the wording of 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); as amended by the Law of the Republic of Kazakhstan dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 702. Structural subdivisions of the internal affairs bodies, the National Security Committee of the Republic of Kazakhstan and the Ministry of Defence of the Republic of Kazakhstan carrying out the state sanitary and epidemiological control and supervision

1. Structural subdivisions of the internal affairs bodies, the National Security Committee of the Republic of Kazakhstan and the Ministry of Defence of the Republic of Kazakhstan carrying out the state sanitary and epidemiological control and supervision shall consider the cases on administrative infractions provided by Article 425 (part one) of this Code on the violations of sanitary rules and hygienic standards on objects respectively: subordinated to the internal affairs bodies and the National Security Committee of the Republic of Kazakhstan; located in a territory of military towns and training centres of the Ministry of Defence of the Republic of Kazakhstan.

2. The heads and their deputies or authorized civil servants of the structural subdivisions of the internal affairs bodies, the National Security Committee of the Republic of Kazakhstan, the Ministry of Defence of the Republic of Kazakhstan carrying out the state and epidemiological control and supervision shall have the right to consider the cases on administrative infractions and impose the administrative sanctions.

Article 703. Authorized body in the field of veterinary medicine

1. The civil servants of the authorized body in the field of veterinary medicine shall consider the cases on administrative infractions provided by Article 406 of this Code.

2. The following persons shall have the right to consider the cases on administrative infractions and impose the administrative sanctions in accordance with Article 406 of this Code:

1) the Chief state veterinary and sanitary inspector of the Republic of Kazakhstan and his (her) deputies;

2) the state veterinary and sanitary inspectors on veterinary control posts;

3) the chief state veterinary and sanitary inspectors of oblasts, cities of republican significance, the capital and their deputies;

4) the state veterinary and sanitary inspectors of oblasts, cities of republican significance, the capital;

5) the chief state veterinary and sanitary inspectors and their deputies, the state veterinary and sanitary inspectors of districts, cities of oblast significance.

3. The civil servants of the authorized body in the field of veterinary medicine may recover on the spot:

1) at places of selling – for violation of the veterinary (veterinary and sanitary) rules upon selling animals, products and raw materials of animal origin;

2) on railroad, water and air transport, on roads and cattle-driving routes – for violation of the veterinary (veterinary and sanitary) rules upon carrying out the transportation (movement) of the objects subordinated to the state veterinary and sanitary control and supervision in a territory of the Republic of Kazakhstan, as well as upon cattle driving;

3) on the state border – for violation of the veterinary (veterinary and sanitary) rules in part of protection of the territory of the Republic of Kazakhstan from importation and spreading infectious and foreign animal diseases from other states.

Article 704. Authorized body in the field of livestock breeding

1. The civil servants of the authorized body in the field of livestock breeding shall consider the cases on administrative infractions provided by Article 407 (part one) of this Code.

2. The following persons shall have the right to consider the cases on administrative infractions and impose the administrative sanctions:

1) the Chief state inspector on livestock breeding of the Republic of Kazakhstan;

2) the deputy Chief state inspector on livestock breeding of the Republic of Kazakhstan;

3) the chief state inspectors on livestock breeding of oblasts, cities of republican significance, the capital and their deputies;

4) state inspectors on breeding livestock production of areas, areas, cities of regional value.

Footnote. Article 704 with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 705. Authorized body on plant quarantine

1. The authorized body on plant quarantine and its bodies shall consider the cases on the spot on administrative infractions provided by Article 400 (parts one, three and four) of this Code.

2. The following persons shall have the right to consider the cases on administrative infractions and impose the administrative sanctions:

1) the Chief state inspector on plant quarantine of the Republic of Kazakhstan and his (her) deputies;

2) the chief state inspectors for plant quarantine of the corresponding regions, cities of republican significance, capital, districts, cities of regional significance;

3) the state inspectors for plant quarantine.

Footnote. Article 705 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); № 210-VI dated 28.12.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.10.2019 № 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 706. Authorized body in the field of regulation of the grain market and seed farming

Footnote. Article 706 heading in edition of the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

1. Authorized body in the field of regulation of the grain market and seed farming and its territorial authorities consider cases of the administrative offenses provided by articles 401 (part one), 402 (a part of the fifth) of the present Code.

2. The heads of territorial bodies and their deputies shall have the right to consider the cases on administrative infractions and impose the relevant administrative sanctions.

Footnote. Article 706 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); with the changes made by laws RK from 04.12.2015 № 435-V (shall be enforced 01.01.2016); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 707. Authorized body in the field of plant protection

1. The authorized authority in the field of plant protection and its local divisions shall consider cases of administrative infractions provided by Articles 297, 377, 403, 415 (subparagraph 1) of part one) (in terms of violation of the requirements of technical regulations in the field of pesticide circulation) of this Code.

2. The following persons shall have the right to consider the cases on administrative infractions and impose the administrative sanctions:

1) the Chief state inspector on plant protection of the Republic of Kazakhstan;

2) the chief state inspectors on plant protection of the relevant administrative territorial entities of the Republic of Kazakhstan;

3) the state inspectors on plant protection.

Footnote. Article 707 as amended by the Law of the Republic of Kazakhstan dated 28.10.2019 № 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 708. Authorized bodies in the field of use and protection of water fund

1. The authorized authorities in the field of forestry, fishing and hunting shall consider cases of administrative infractions provided by Articles 138 (part two), 142, 143, 337, 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382 (part one), 383 (part one, two and five), 384, 385 (part one), 386, 387, 388, 390, 394 (part one), 395 (part one), 396 (part one), 464 of this Code.

2. The following shall be entitled to consider cases on administrative infractions and impose administrative sanctions on behalf of the authorities in the field of forestry, fishing and hunting:

1) for administrative infractions provided by Articles 138 (part two), 142, 143, 337, 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382 (part one), 383 (parts one, two and five), 384, 385 (part one), 386, 387, 388, 390, 394 (part one), 395 (part one), 396 ( part one), 464 of this Code, - officials of authorized authorities in the field of forestry, fish and hunting economy of the Republic of Kazakhstan and their territorial authorities;

2) for administrative infractions provided by Articles 138 (part two), 337, 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 377, 379, 381, 382 (part one), 383 (parts one and two), 387, 388 of this Code, - heads, deputy heads of state forestry institutions;

3) for administrative infractions provided by Articles 138 (part two), 337, 339, 366, 367, 368, 369, 370, 371, 372, 372, 374, 377, 379, 381, 382 of this Code, - officials of structural units of forestry and hunting economy of regional executive authorities;

4) for administrative infractions provided by Articles 138 (part two), 143, 337, 339, 366, 367 (part three), 368 (part two), 369 (part two), 370 (part four), 371, 372 (part four), 373 (part two), 374 (part two), 377 (part two), 379, 380, 381, 382 (part one), 383 (parts one, two and five), 384, 387, 388of this Of the Code, - heads, deputy heads, heads of services for protection of specially protected natural areas, created in the organizational and legal form of a state institution.

Footnote. Article 708 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); dated 28.10.2019 № 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 709. Authorized bodies in the field of forestry, protection, reproduction and use of wildlife, protection, defense, restoration and use of flora and specially protected natural territories

Footnote. The title of Article 709 as amended by the Law of the Republic of Kazakhstan dated 03.01.2023 № 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

1. Authorized bodies in the field of forestry, protection, reproduction and use of wildlife, protection, defense, restoration and use of flora and specially protected natural territories consider cases of administrative offenses provided for in Articles 138 (part two), 142, 143, 337 (parts one and two), 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380,380-1, 381, 382 ( part one), 383 (parts one, two and five), 384, 385 (part one), 386, 387, 388, 390, 394 (part one), 395 (part one), 396 (part one),407-1, 407-2,464 of this Code.

2. The following have the right to consider cases of administrative offenses and impose administrative penalties on behalf of authorized bodies in the field of forestry, protection, reproduction and use of wildlife, protection, defense, restoration and use of flora and specially protected natural territories:

1) for administrative offenses provided for in articles 138 (part two), 142, 143, 337 (parts one and two), 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380,380-1, 381, 382 (part one), 383 (parts one, two and five), 384, 385 (part one), 386, 387, 388, 390, 394 ( part one), 395 (part one), 396 (part one), 407-1, 407-2,464 of this Code, – officials of authorized bodies in the field of forestry, protection, reproduction and use of wildlife, protection, defense, restoration and use of flora and specially protected natural territories of the Republic of Kazakhstan and their territorial bodies;

2) for administrative infractions provided for by Articles 138 (part two), 337 (parts one and two), 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 377, 379, 381, 382 (part one), 383 (parts one and two), 387, 388, 407-1, 407-2 of this Code – heads, deputy heads of state forestry institutions;

3) for administrative offenses provided for in articles 138 (part two), 337 (parts one and two), 339, 366, 367, 368, 369, 370, 371, 372, 372, 374, 377, 379, 381, 382 ( part one), 387, 388,407-1, 407-2, of this Code, – officials of structural divisions in the field of forestry, protection, reproduction and use of wildlife of regional executive bodies;

4) for administrative infractions provided for by Articles 138 (part two), 143, 337 (parts one and two), 339, 366, 367 (part three), 368 (part two), 369 (part two), 370 (part four), 371, 372 (part four), 373 (part two), 374 (part two), 377 (part two), 379, 380, 380-1, 381, 382 (part one), 383 (parts one, two and five), 384, 387, 388, 407-1, 407-2 of this Code, – heads, deputy heads, heads of services for protection of specially protected natural areas, created in the organizational and legal form of a state institution.

Footnote. Article 709 with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 02.01.2021 № 403-VI (shall be enforced from 01.07.2021); dated December 30, 2021 № 99-VII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication); dated 03.01.2023 № 187-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 710. Bodies carrying out the state control of use and protection of lands

1. The department of the central authorized body for land management and its territorial divisions consider cases of administrative offenses provided for in Articles 136, 137, 138 (part one), 337 (parts one and two), 338, 339, 340, 341, 342, 342-1 of this Code.

2. The following persons shall have the right to consider the cases on administrative infractions and impose the administrative sanctions:

1) the chief state inspector for the use and protection of lands of the Republic of Kazakhstan and the chief state inspectors for the use and protection of lands of the relevant administrative-territorial units – a fine for individuals up to seventy–five, for officials, small businesses, non–profit organizations - up to seven hundred, for medium-sized businesses - up to one thousand, for large business entities – up to two thousand monthly calculation indexes;

2) Excluded by the Law of the Republic of Kazakhstan dated 15.03.2023 № 208-VII (shall be enforced ten calendar days after the date of its first official publication).

3) the state inspectors on use and protection of the lands – a fine on individuals up to seventy five, on civil servants, subjects of small or medium entrepreneurship or non-profit organizations – up to one hundred fifty, on subjects of large entrepreneurship – up to three hundred monthly calculation indices.

Footnote. Article 710 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); with the change made by the Law of the Republic of Kazakhstan from 17.11.2015 № 408-V (shall be enforced from 01.03.2016); № 151-VI dated 04.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.01.2021 № 403-VI (shall be enforced from 01.07.2021); dated 15.03.2023 № 208-VII (shall be enforce ten calendar days after the date of its first official publication).

Article 711. Authorized body on investments

1. Authorized body on investments shall consider the cases on administrative infractions provided by Articles 148 of this Code.

2. The head of the authorized body on investments and his (her) deputies shall have the right to consider the cases on administrative infractions and impose the administrative sanctions.

Article 712. Bodies exercising state control over geodetic and cartographic activities

Footnote. The title of Article 712 as amended by the Law of the Republic of Kazakhstan dated 15.03.2023 № 208-VII (shall be enforced ten calendar days after the date of its first official publication).

1. The authorized body in the field of geodesy, cartography and spatial data considers cases of administrative offenses provided for in Article 343 of this Code.

2. Officials of the department of the authorized body in the field of geodesy, cartography and spatial data have the right to consider cases of administrative offenses and impose administrative penalties.

Footnote. Article 712 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); as amended by the Law of the Republic of Kazakhstan dated 15.03.2023 № 208-VII (shall be enforced ten calendar days after the date of its first official publication).

Article 713. Anti-monopoly body

1. The antimonopoly authority shall consider cases on administrative infractions provided by Articles 159 (parts five and six), 160 (parts one), 161, 162, 163, 163-1 of this Code.

2. The head of anti-monopoly body and his (her) deputies, as well as the heads of territorial body and their deputies shall have the right to consider the cases on administrative infractions and impose the administrative sanctions.

Footnote. Article 713 as amended by the Law of the Republic of Kazakhstan № 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 15.03.2023 № 208-VII (shall be enforced ten calendar days after the date of its first official publication).

Article 714. The authorized body performing management in spheres of natural monopolies

1. The authorized authority exercising leadership in the spheres of natural monopolies shall consider cases on administrative infractions provided by Articles 164, 165, 166, 167, 168, 250, 464 of this Code.

2. To consider cases of administrative offenses and to impose administrative penalties the head of the authorized body performing management in spheres of natural monopolies and his deputies and also heads of territorial divisions of the authorized body performing management in spheres of natural monopolies and their deputies has the right.

Footnote. Article 714 in edition of the Law of the Republic of Kazakhstan from 28.12.2016 № 34-VI (shall be enforced from 01.01.2017); 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 715. Agencies carrying out the state control for technical regulation, ensuring the uniformity of measurements and for standardization

Footnote. Heading of Article 715 as amended by the Law of the Republic of Kazakhstan № 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication).

1. The authorities exercising state control in the field of technical regulation, ensuring the uniformity of measurements and the field of standardization, shall consider cases on administrative infractions provided by Articles 193 (part one), 203, 415 (part one), 415-1 (part one), 417 (parts two, three, fourth and fifth), 418 (parts one and two), 419 (part one), 464, 638 (part one) of this Code.

2. The Chief state inspector of the Republic of Kazakhstan on the state control and supervision and his (her) deputies, as well as the chief state inspectors of oblasts and cities on state control and supervision and their deputies shall have the right to impose the sanctions.

Footnote. Article 715 with the changes made by laws RK from 21.04.2016 № 504-V (shall be enforced after ten calendar days after day of its first official publication); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); Kazakhstan № 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 715-1. Authorized body in the sphere of consumer protection

1. The authorized body for protection of consumers' rights shall consider the cases on administrative infractions provided for by Articles 190 (parts five and six), 193 (part one) of this Code.

2. To consider cases of administrative offenses and to impose administrative penalties the head of authorized body in the sphere of consumer protection, his deputies, heads of territorial divisions and their deputies has the right.

Footnote. Chapter 36 is supplemented with article 715-1 according to the Law of the Republic of Kazakhstan from 21.04.2016 № 504-V (shall be enforced after ten calendar days after day of its first official publication); as amended by the Law of the Republic of Kazakhstan № 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication); dated 25.06.2020 № 346-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Article 716. Authorized body on registration of agricultural equipment

1. The authorized authority for registration of agricultural machinery shall consider cases on administrative infractions provided by Articles 590 (parts one, two) (in terms of infractions committed by drivers of tractors, self-propelled agricultural, land reclamation and road-building machines), 612 (parts one, two, four, five and six), 617, 619, 627 of this Code, in the part concerning agricultural machinery, tractors and other self-propelled machinery and equipment supervised by the authorized authorities for registration.

2. The engineers-inspectors of district and oblast authorized bodies on registration of agricultural equipment shall have the right to consider the cases on administrative infractions and impose the administrative sanctions in behalf of the authorized body on registration of agricultural equipment.

Footnote. Article 716 as amended by the Law of the Republic of Kazakhstan dated 27.12.2019 № 292-VІ (order of enforcement see Article 2).

Article 717. Authorized state body in the field of plant production

Footnote. Article 717 is excluded by the Law of the Republic of Kazakhstan dated 28.10.2019 № 268-VI (shall be enforced from 06.01.2020).

Article 718. Bodies carrying out the state architectural and construction control and supervision of quality of construction of objects

1. The authorities exercising state architectural and construction control and supervision over the quality of construction of objects shall consider cases on administrative infractions provided by Articles 309, 312 (part one), 315, 316 (part one), 317 (parts one, two, three and 3-1), 317-1 (part one), 317-2 (part one), 318, 321, 322, 323, 464of this Code.

1-1. The authorized body for architecture, town planning and construction considers cases of the administrative offenses provided by article 323-1 of the present Code.

2. The Chief state building inspector of the Republic of Kazakhstan and his (her) deputies, as well as the chief state building inspectors of oblasts, cities of republican significance, the capital shall have the right to consider the cases on administrative infractions and impose the administrative sanctions.

Footnote. Article 718 with the changes made by the Law of the Republic of Kazakhstan from 28.10.2015 № 366-V (an order of enforcement see Art. 2); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 719. Authorized body in the field of state statistics

1. The authorized authority in the field of state statistics shall consider cases on administrative infractions provided by Articles 497, 499, 501, 503 of this Code.

2. The heads of territorial bodies of the authorized body in the field of state statistics and their deputies shall have the right to consider the cases on administrative infractions and impose the administrative sanctions.

Footnote. Article 719 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 720. State revenues bodies

1. The state revenue authorities consider cases of administrative offenses provided for in Articles 91 (parts six, seven and eight), 92 (parts two, three and four), 92-1, 151 (part one), 153, 155, 157, 174 (parts one, three and four), 177, 178, 179, 180, 181, 181-1, 194, 195, 196, 203, 205, 221, 233 ( part one), 239 (parts one and two), 244 (parts one, two (in relation to foreign exchange contracts for export or import), three and four), 246-1 (when these violations admitted during the tax audit), 266, 269, 270, 271, 272, 273, 275, 276, 277, 278, 279, 280, 280-1, 281 ( parts one, two, 2-1, 2-2 and three), 282 (parts one, two, 2-1, 2-2, five, ten and twelve), 284, 285, 285-1, 286, 287, 288, 460-1, 460-2, 464, 471, 472, 473, 474, 521, 522, 523, 524, 525, 526, 527, 528 ( parts one, two and three), 529, 530, 531, 532 ( part one), 533, 534, 535, 536, 537, 538, 539, 540, 542, 543 ( parts one and two), 546, 547, 548 (part one), 551, 552 (part one), 553, 554, 555, 556, 557, 558, 571 ( parts one, two, 2-1 and three), 571-1 of this Code.

2. State revenue authorities shall also consider cases on administrative infractions provided by Articles 230 (part two), 297, 334, 377 (part one), 425 (part one), 571 (parts five, six, seven and eight), 571-1, 572 (part one), 573, 589 (for administrative infractions in road transport), 590 (parts one, two, five, six, seven, eight and ten), 612 (part one), 621 (part four) of this of the Code, when the administrative infractions listed in this part were committed at automobile, sea checkpoints and in other places of movement of goods across the State border of the Republic of Kazakhstan.

3. The following persons shall have the right to consider the cases on administrative infractions and impose the administrative sanctions in behalf of the state revenues bodies:

under all the Articles of this Code related to the jurisdiction of the state revenues bodies – the heads of the state revenues bodies and their deputies;

on the administrative offenses provided by articles 91 (part sixth), 92 (part second), 195 (part one), 269 (part one), 270 (parts of the first and third), 271 (part one), 272 (part one), 276 (part one), 284 (parts of the first, the third, the fifth, the seventh, the ninth, the eleventh, the thirteenth, fifteenth and seventeenth), an administrative penalty in the form of prevention and also in the form of a penalty in the order provided by article 897 of the present Code and also on offenses in the sphere of customs affairs – the officials of bodies of state revenues authorized by the head.

Footnote. Article 720 is in the wording of the Law of the Republic of Kazakhstan dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015); dated 18.11.2015 № 412-V (shall be enforced from 01.01.2021); from 03.12.2015 № 432-V (shall be enforced from 01.01.2016); from 06.04.2016 № 484-V (shall be enforced after ten calendar days after day of its first official publication); from 26.07.2016 № 12-VІ (shall be enforced after two months after day of its first official publication); from 30.11.2016 № 26-VI (shall be enforced from 01.01.2017); from 03.07.2017 № 83-VI (shall be enforced after ten calendar days after day of its first official publication); from 25.12.2017 № 122-VI (shall be enforced from 01.01.2018); from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); № 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.10.2019 № 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 27.12.2019 № 292-VІ (order of enforcement see Article 2); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 30.12.2022 № 180-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 12.07.2023 № 24-VIII (effective from 01.01.2024).

Article 721. Authorized body for civil service affairs

Footnote. The title of Article 721 as amended by the Law of the Republic of Kazakhstan dated 03.07.2020 № 357-VI (shall be enforced ten calendar days after the date of its first official publication).

1. The authorized body for civil service affairs considers cases of administrative offenses provided for in Articles 89 (in terms of offenses committed by an employer who is in a relationship with a civil servant) and 475 of this Code.

2. The head of the structural subdivision of the authorized body for civil service affairs and his deputies, heads of territorial divisions of the authorized body for civil service affairs and their deputies have the right to consider cases of administrative offenses and impose administrative penalties.

Footnote. Article 721 in edition of the Law of the Republic of Kazakhstan from 06.04.2016 № 484-V (shall be enforced after ten calendar days after day of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 18.11.2015 № 412-V (shall be enforced from 01.01.2021); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 03.07.2020 № 357-VI (shall be enforced ten calendar days after the date of its first official publication); dated 06.02.2023 № 195-VII (shall be enforced from 01.04.2023).

Article 722. Bodies of the Ministry of Finance of the Republic of Kazakhstan

1. The bodies of the Ministry of Finance of the Republic of Kazakhstan consider cases of administrative offenses provided for in Articles 184, 185 (when these violations are committed by auditors, audit organizations, appraisers), 207, 209, 216, 219, 230 ( part two, when these violations are committed by audit organizations), 233 (parts two, three and four), 234, 235, 236, 237, 238, 239 ( parts one, two and five), 239-1, 240, 241, 246-1 (when these violations are committed during the special purpose audit of entities of the quasi-public sector), 247 (parts one, two, three, five, seven and ten), 248, 249, 250, 267, 464 (when these violations are committed by audit organizations) of this Code.

2. To consider cases of administrative offenses and to impose administrative penalties has the right:

1) the head of authorized body on internal state audit, his deputies and heads of territorial divisions;

2) the head of the authorized state agency carrying out the regulation for auditing and valuation activities, his deputies and heads of territorial divisions.

Footnote. Article 722 with the changes made by laws RK from 12.11.2015 № 393-V (shall be enforced after ten calendar days after day of its first official publication); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); № 134-VI dated 10.01.2018 (shall be enforced upon expiry of six months after its first official publication); dated 26.12.2018 № 202-VI (shall be enforced from 01.01.2020); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 722-1. The Supreme Audit Chamber of the Republic of Kazakhstan and the audit commissions of regions, cities of republican significance, the capital

Footnote. The title of Article 722-1 as amended by the Law of the Republic of Kazakhstan dated 05.11.2022 № 158-VII (shall be enforced ten calendar days after the date of its first official publication).

1. The Supreme Audit Chamber of the Republic of Kazakhstan and the audit commissions of regions, cities of republican significance, the capital consider cases of administrative offenses provided for in Articles 216, 219, 233 (parts three and four), 235, 236, 237, 247 ( part six) of this Code.

2. The state auditors of the Supreme Audit Chamber of the Republic of Kazakhstan and the audit commissions of regions, cities of republican significance, the capital are entitled to consider cases of administrative offenses and impose established administrative penalties under Articles 216, 219, 233 (parts three and four), 235, 236, 237, 247 (part six) of this Code.

Footnote. Chapter 36 is supplemented by Article 722-1 in accordance with 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); dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 05.11.2022 № 158-VII (shall be enforced ten calendar days after the date of its first official publication).

Article 722-2. Authorized body performing financial monitoring

1. The authorized body carrying out financial monitoring shall consider cases of administrative offenses provided for in Article 214 (part 3-1) of this Code.

2. The first head of the authorized body carrying out financial monitoring, his deputies and authorized employees have the right to consider cases of administrative offenses and impose administrative penalties.

Footnote. Chapter 36 is supplemented by Article 722-2 in accordance with the Law of the Republic of Kazakhstan dated 01.07.2022 № 132-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 723. Authorized body in internal control

Footnote. Article 723 is excluded by the Law of the Republic of Kazakhstan from 12.11.2015 № 393-V (shall be enforced after ten calendar days after day of its first official publication).

Article 724. The National Bank of the Republic of Kazakhstan

1. The National Bank of the Republic of Kazakhstan considers cases of administrative offenses provided for in articles 206, 210, 210-1, 212, 213 ( part five), 217, 218, 220 (parts seven and eight (in relation to payment organizations), 227 (parts one (in relation to legal entities operating exclusively through exchange offices on the basis of the license of the National Bank of the Republic of Kazakhstan for exchange operations with foreign currency in cash, and legal entities whose exclusive activity is the collection of banknotes, coins and valuables) and three (in relation to operators of payment systems, operational centers of payment systems and payment service providers), 239 (parts three and four (in relation to legal entities operating exclusively through exchange offices based on the license of the National Bank of the Republic of Kazakhstan for exchange operations with cash foreign currency), 243, 244 (parts one, two (with the exception of currency agreements on export or import), five, six, seven, eight), 252, 253, 464, 497 ( in terms of primary statistical data, the collection of which is within its competence) of this Code.

2. The Chairman of the National bank of the Republic of Kazakhstan, his (her) deputies, the heads of territorial branches shall consider the cases on administrative infractions and impose the administrative sanctions.

3. The powers of the National Bank of the Republic of Kazakhstan, as well as his (her) employees having the right to drawing up the protocol on commission of the administrative infraction shall be determined in accordance with this Code.

Footnote. Article 724 with the changes made by laws RK from 24.11.2015 № 422-V (shall be enforced from 01.01.2016); from 06.05.2017 № 63-VI (shall be enforced after twenty one calendar days after day of its first official publication); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); № 166-VI dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); № 168-VІ dated 02.07.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.04.2019 № 241-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 03.07.2019 № 262-VІ (shall be enforced from 01.01.2020); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 12.07.2023 № 24-VIII (effective from 01.01.2024).

Article 724-1. Authorized authority for regulation, control and supervision of financial market and financial organizations

1. The authorized body for the regulation, control and supervision of the financial market and financial organizations shall consider cases of administrative infractions provided for by Articles 91 (parts one, two, three, five, nine, ten, eleven and twelve), 186, 208, 211 (parts two, three, 3-1, four, five, six and seven), 211-1, 211-2, 213 (parts four, six, seven, eight, nine, ten, eleven, twelve, thirteen and fourteen), 220 (parts one, two, three, four, 4-1, five, seven and eight (in relation to banks, branches of non-resident banks of the Republic of Kazakhstan and organizations engaged in certain types of banking operations), 222, 223, 224, 225, 226, 227 (parts one (in relation to banks, branches of non-resident banks of the Republic of Kazakhstan, major participants in banks, bank holding companies, organizations that are part of a banking conglomerate, the Development Bank of Kazakhstan, organizations engaged in certain types of banking operations (with the exception of legal entities operating exclusively through exchange offices on the basis of a license from the National Bank of the Republic of Kazakhstan for exchange operations with foreign currency in cash, and legal entities whose exclusive activity is the collection of banknotes, coins and valuables), two, three (in relation to issuers, the unified accumulative pension fund, voluntary accumulative pension funds, organizations engaged in microfinance activities), four and five), 228 (parts five, nine, ten, twelve, sixteen, seventeen and nineteen), 229, 230 (parts one, three, four, five and six), 231, 232, 239 (parts three and four (in relation to financial organizations (with the exception of legal entities operating exclusively through exchange offices on the basis of a license from the National Bank of the Republic of Kazakhstan for exchange operations with foreign currency in cash, and legal entities whose exclusive activity is the collection of banknotes, coins and valuables), branches of non-resident banks of the Republic of Kazakhstan and organizations engaged in microfinance activities), 247 (parts four and eight), 255, 256, 257, 259, 260, 261, 262, 264, 265, 286, 464 (part one) of this Code.

2. The first head of the authorized authority for regulation, control and supervision of financial market and financial organizations, his deputies and authorized employees shall have the right to consider cases on administrative infractions and impose administrative sanctions.

3. The powers of the authorized authority for regulation, control and supervision of financial market and financial organizations, as well as its employees entitled to draw up a protocol on commission of an administrative infraction, shall be determined in accordance with this Code.

Footnote. Chapter 36 is supplemented by Article 724-1 in accordance with the Law of the Republic of Kazakhstan dated 03.07.2019 № 262-VІ ((порядок введения в действие см. ст. 2); as amended by the Law of the Republic of Kazakhstan dated 30.12.2019 № 300-VІ (порядок введения в действие см. ст. 2);

Article 725. Social welfare bodies of the Republic of Kazakhstan

1. The social welfare bodies of the Republic of Kazakhstan shall consider the cases on administrative infractions provided by Articles 83 (except for the infractions committed by the employees), 84, 91 (part four), 92 (part one) of this Code.

2. The heads of the social welfare bodies of the Republic of Kazakhstan, their deputies shall have the right to consider the cases on administrative infractions and impose the administrative fines.

Article 726. The National Security Bodies of the Republic of Kazakhstan

1. The national security authorities shall consider cases on administrative infractions provided by Articles 192, 464, 504, 518, 519 of this Code.

2. The head of the department and his deputies, heads of territorial authorities and their deputies shall have the right to consider cases on administrative infractions and impose the established administrative sanctions under Articles 192, 464, 504, 518, 519 of this Code.

3. The Border Service of the National Security Committee of the Republic of Kazakhstan shall consider cases on administrative infractions provided by Articles 382 (part one), 383 (parts one and two), 393 (committed in the border space), 394, 395 (part one), 396 (part one), 510 (parts one, two, three and five), 512 (part one), 513 (part one), 514 (part one), 515, 517 (part three) of this Code.

4. The following persons shall have the right to consider the cases on administrative infractions and impose the administrative sanctions in behalf of the Frontier service of the National Security Committee:

1) the head of the Frontier service of the National Security Committee and his (her) deputies, the heads of the special associations and their deputies – a notification or fine on individuals and civil servants – up to seventy, on subjects of private entrepreneurship – up to two thousand monthly calculation indices;

2) the heads of border detachments, the commanding officers of military units of frontier space, marine military units, the commandants of separate frontier commandants offices and their deputies – a notification or fine on individuals and civil servants – up to seventy, on subjects of private entrepreneurship – up to two hundred monthly calculation indices;

3) the commandants of frontier commandants officers and the heads of the frontier control departments and their deputies – a notification or fine on individuals up to twenty, on civil servants – up to twenty five monthly calculation indices.

4) chiefs of frontier posts (posts), offices of border control and their deputies – prevention or a penalty on natural persons to ten sizes of a monthly settlement indicator;

5) chiefs of changes (groups) of departments (offices) of border control – prevention or a penalty on natural persons to five sizes of a monthly settlement indicator.

Footnote. Article 726 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); from 22.12.2016 № 28-VІ (shall be enforced after ten calendar days after day of its first official publication); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); dated 27.12.2019 № 292-VІ (order of enforcement see Article 2); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 727. Military police bodies

1. The authorities of military police shall consider cases on administrative infraction provided by Articles 434-2, 511, 590 (parts one, two, three, five, six, seven, nine and ten), 591, 592, 593, 594, 595, 596 (parts one, two and four), 597, 598, 599, 600, 601, 602, 603 (part three), 606 (part one), 607 (part one), 611 (part one), 612 (part one, two, four, five and six, 613 (parts twelve and thirteen), 614, 615 (parts one, two and three), 617, 619, 619-1, 620, 621 (parts one, two and four) of this Code.

2. The authorized civil servants of the military police bodies shall consider the cases on administrative infractions and impose the administrative sanctions.

3. The competence of the military police bodies of the Armed Forces of the Republic of Kazakhstan o administrative infractions I the scope of transport shall apply to the military servants, persons liable for military service, called on military trainings, as well as to the persons operating military transport vehicles of the Armed Forces of the Republic of Kazakhstan, other forces and military formations of the Republic of Kazakhstan, with the exception of parts four and five of this Article.

4. The competence of the military police bodies of the National Security Committee of the Republic of Kazakhstan on administrative infractions in the scope of transport shall apply to the servants, employees and military servants operating transport vehicles of the special state bodies of the Republic of Kazakhstan.

5. The competence of the military police bodies of the National Guard of the Republic of Kazakhstan on administrative infractions in the scope of transport shall apply to military servants, persons liable for military service, called on military trainings, as well as to the persons operating the military transport vehicles of the National Guard.

6. Materials on the violations committed by drivers of transport vehicles of the Armed Forces of the Republic of Kazakhstan, other forces and military formations of the Republic of Kazakhstan – military servants and persons liable for military service, for which the fine is provided as administrative sanction in established manner, shall be transferred by the military police bodies to the relevant commanding officers (heads) for solution of the issue on bringing to responsibility on Disciplinary charter of the Armed Forces of the Republic of Kazakhstan, other forces and military formations of the Republic of Kazakhstan.

Footnote. Article 727 as amended by the Laws of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); dated 10.01.2015 № 275-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); dated 27.12.2019 № 292-VІ (order of enforcement see Article 2); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 728. Bodies on state control of production and turnover of sub-excise products

1. The authorities for state control over production and circulation of excisable products shall consider cases on administrative infractions provided by Articles 281 (parts one, two and three), 282 (parts one, two, five, ten and twelve), 464 of this Code.

2. The heads (deputies) of the body on state control of production and turnover of sub-excise products shall consider the cases on administrative infractions and impose the administrative sanctions.

Footnote. Article 728 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); from 25.12.2017 № 122-VI (shall be enforced from 01.01.2018); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 728-1. Authorities that are licensors or authorized to issue permits of the second category in accordance with the legislation of the Republic of Kazakhstan

1. The authorities that are licensors or authorized to issue permits of the second category in accordance with the legislation of the Republic of Kazakhstan shall consider cases on administrative infractions provided by Articles 464 of this Code.

2. The heads of state authorities that are licensors or authorized to issue permits of the second category, their deputies, heads of territorial divisions and their deputies shall have the right to consider cases on administrative infractions and impose administrative sanctions.

Footnote. Chapter 36 is supplemented by Article 728-1 in accordance with 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 729. Local executive authorities

1. The local executive body of the region, the city of republican significance, the capital, the district, the town of regional significance considers cases of administrative offenses provided for in articles 75, 138 (part two), 156, 172 (parts one, three, four and five (regarding boiler houses of all capacities, heating networks and thermal energy), 199, 204, 250 (in terms of regulating the activities of grain-receiving enterprises), 298 (in terms of social infrastructure facilities), 300 (in terms of boiler houses of all capacities, heating networks and consumers of thermal energy), 301 (in terms of boiler houses of all capacities and heat networks), 301-2 (in terms of boiler houses of all capacities and heat networks), 303 (in terms of boiler houses of all capacities and heat energy), 304, 305 (in terms of security zones of heat networks and objects of gas supply systems for domestic and communal consumers), 306 (parts one and two), 307 (in terms of municipal consumers), 320 (parts four, five and six), 353 (in terms of operations for extraction of common minerals and gold mining), 382 (part one), 383 (parts one and two), 401 (parts three, four, 4-1, five, seven, ten and eleven), 402 (parts one, two and three), 405, 407-1, 407-2, 408, 409 (parts eight, nine, ten and eleven), 418 (part 1-1), 455 (part one, sub-paragraphs 1), 2), 4), 6), 7), 8) and 9) of parts two, parts three and five), 464, 488-1, 491 of this Code.

2. The akim of region, city of republican significance and capital, district (city of republican, regional significance and capital) and his deputies shall have the right to consider cases on administrative infractions and impose administrative sanctions.

3. Akims of towns of district significance, settlements, villages, rural districts have the right to consider cases of administrative offenses and impose administrative penalties for administrative offenses provided for by Articles 146, 147, 172 (parts one, three and four) (regarding the operation of thermal mechanical equipment of boiler houses of all capacities and heating networks (trunk, intra-block), 204, 301 (in terms of boiler houses of all capacities and heating networks (main, intra-block), 303 (in terms of boiler houses of all capacities), 304, 305 (in terms of security zones of heating networks (main, intra-block), 320 (parts four, five and six), 386, 407-1, 407-2, 408, 409 (parts eight, nine, ten and eleven), 418 (part 1-1), 491, 505 of this Code, committed on the territory of towns of district significance, settlements, villages, rural districts.

Footnote. Article 729 is in the wording of 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); as amended by the laws of the Republic of Kazakhstan dated 28.10.2019 № 268-VI (shall be enforced upon expiry of six months after the day of its first official publication); dated 25.06.2020 № 346-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 02.01.2021 № 403-VI (shall be enforced from 01.07.2021); dated 05.01.2021 № 409-VI (shall be enforced from 01.01.2022); dated December 30, 2021 № 99-VII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication); dated 15.03.2023 № 208-VII (shall be enforced ten calendar days after the date of its first official publication); dated 08.07.2024 No. 122-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

Article 730. Authorized body in the field of education

1. The authorized body in the field of education considers cases of administrative offenses provided for in Articles 84, 409 (parts two, three, four, 4-1, 4-2, five, six, seven, 7-2, 7-3, 7-4, 7-5, 7-6, 7-7 and 7-9), 464 of this Code.

2. The head of the authorized body in the field of education and his (her) deputies, the heads of territorial bodies of the authorized body in the field of education and their deputies shall have the right to consider the cases on administrative infractions and impose the administrative sanctions.

Footnote. Article 730 as amended by the laws of the Republic of Kazakhstan dated 27.12.2019 № 294-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 731. Authorized body in the field of tourist activity

1. The authorized authority in the field of tourist activity shall consider cases on administrative infractions provided by Articles 187, 230 (part two) (in terms of infractions committed by tour operators and travel agents), 464 of this Code.

2. The head of the authorized body in the field of tourist activity and his (her) deputies shall have the right to consider the cases on administrative infractions and impose the administrative sanctions.

Footnote. Article 731 as amended by the laws 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 731-1. Authorized authority in the field of archival affairs and management documentation support

1. The authorized authority, the authority in the field of archival affairs and management documentation support, shall consider cases on administrative infractions provided by Article 509 of this Code.

2. The head of the authorized authority in the field of archival affairs and documentation management support and his deputies shall have the right to consider cases on administrative infractions and impose administrative sanctions.

Footnote. Chapter 36 is supplemented by Article 731-1 in accordance with 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 731-2. Authorized authority in the field of language development

1. The authorized authority in the field of language development shall consider cases on administrative infractions provided by Article 75 (parts one, two, five and six) of this Code.

2. The head of the authorized authority in the field of language development and his deputies shall have the right to consider cases on administrative infractions and impose administrative sanctions.

Footnote. Chapter 36 is supplemented by Article 731-2 in accordance with 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 732. Authorized body in the scope of gambling industry

1. The authorized authority in the field of gambling business shall consider cases on administrative infractions provided by Article 464 of this Code.

2. The head of the authorized body in the scope of gambling industry and his (her) deputies shall have the right to consider the cases on administrative infractions and impose the administrative sanctions.

Footnote. Article 732 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 732-1. Authorized authority in the field of physical culture and sports

1. The authorized authority in the field of physical culture and sports shall consider cases on administrative infractions provided by Article 409 (part twelve) of this Code.

2. The head of the authorized authority in the field of physical culture and sports or the person performing his duties shall have the right to consider cases on administrative infractions and impose administrative sanctions.

Footnote. Chapter 36 is supplemented by Article 732-1 in accordance with the Law of the Republic of Kazakhstan dated 13.12.2019 № 280-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 733. Authorized body in the field of regulation of trade activity

Note!
Part one of Article 733 is amended by the Law of the Republic of Kazakhstan dated 06.04.2024 № 71-VIII (shall be enforced from 31.12.2025).

1. The authorized body in the field of regulation of trading activities considers cases of administrative offenses provided for in articles 185 (when these violations are committed by stock brokers and (or) stock dealers, as well as employees of commodity exchanges), 193 (parts four and five), 201, 202, 204-2, 204-3, 204-4, 268, 464 of this Code.

2. The head of the authorized body in the field of regulation of trading activities, his deputies, heads of territorial divisions of the authorized body in the field of regulation of trading activities and their deputies have the right to consider cases of administrative offenses and impose administrative penalties.

Footnote. Article 733 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); dated 15.03.2023 № 208-VII (shall be enforced ten calendar days after the date of its first official publication).

Article 734. Authorized body in the field of production of biofuel

1. The authorized body in the field of production of biofuel shall consider the cases on administrative infractions provided by Article 169 (parts one, three, six and eight) of this Code.

2. The following persons shall have the right to consider the cases on administrative infractions and impose the administrative sanctions:

1) the head of the authorized body in the field of production of biofuel and his (her) deputies;

2) the heads of territorial bodies of the authorized body in the field of production of biofuel and his (her) deputies.

Article 735. Authorized body in the field of turnover of biofuel

1. The authorized authority in the field of biofuel turnover shall consider cases on administrative infractions provided by Article 169 (parts four and five) of this Code.

2. The following persons shall have the right to consider the cases on administrative infractions and impose the administrative sanctions:

1) the head of the authorized body in the field of turnover of biofuel and his (her) deputies;

2) the heads of territorial bodies of the authorized body in the field of turnover of biofuel and his (her) deputies.

Footnote. Article 14 as amended by the Law of the Republic of Kazakhstan dated 25.12.2017 № 122-VI (shall be enforced from 01.01.2020).

Article 735-1. State bodies carrying out management in a particular industry or area of ​​public administration in which self-regulation has been introduced

1. State bodies carrying out management in a particular industry or area of ​​public administration in which self-regulation has been introduced, shall consider cases on administrative infractions provided for by Article 465-1 of this Code.

2. The following shall be eligible to consider cases on administrative infractions and to impose administrative sanctions:

1) heads of state bodies carrying out managment in a particular industry or area of public administration in which self-regulation has been introduced, and their deputies;

2) heads of territorial bodies of state bodies carrying out managment in a particular industry or area of public administration in which self-regulation has been introduced, and their deputies.

Footnote. Chapter 36 was supplemented with Article 735-1 in accordance with the Law of the Republic of Kazakhstan dated 25.06.2020 № 346-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

SECTION 4. ADMINISTRATIVE INFRACTIONS PROCEEDING
Chapter 37. GENERAL PROVISIONS Article 736. Legislation determining the procedure for the administrative infractions proceeding

1. The procedure for the administrative infractions proceeding shall be determined by this Code.

2. The procedure for imposition of administrative sanctions by a court in the course of considering the criminal or civil case shall be determined by the provisions of this Code and the Criminal Procedure Code of the Republic of Kazakhstan and the Civil Procedure Code of the Republic of Kazakhstan respectively.

Article 737. The tasks of the administrative infractions proceeding

The tasks of the administrative infractions proceeding are:

1) timely, comprehensive, full and objective clarification of the circumstances of each case, its solution in accordance with this Code;

2) ensuring of exercising the rights and obligations of the participants of proceeding;

3) clarification of the reasons and conditions promoting commission of administrative infractions;

4) ensuring performance of the resolution on the case of administrative offense, instructions about need of payment of a penalty.

Footnote. Article 737 with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 737-1. Form of proceedings in cases of administrative infractions

Proceedings in cases on administrative infractions shall be carried out in paper and (or) electronic forms using the Unified Register of Administrative Proceedings.

The procedure for maintaining the Unified Register of Administrative Proceedings shall be determined by the Prosecutor General of the Republic of Kazakhstan.

Footnote. Chapter 36 is supplemented by Article 737-1 in accordance with 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 737-2. Procedural documents drawn up in electronic form

Procedural documents drawn up in electronic form shall be certified by the electronic digital signature of the judge, an official of the authorized authority and shall be submitted to the participants in the proceedings by sending them to the postal or e-mail address indicated by them or in other ways provided by the procedure for maintaining the Unified Register of Administrative Proceedings.

Along with the submission of procedural documents in electronic form, it shall be allowed to submit them to the participants in the proceedings on paper.

Footnote. Chapter 36 is supplemented by Article 737-2 in accordance with 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 738. Language of proceeding

1. The administrative infractions proceeding in the Republic of Kazakhstan shall be conducted in the state language, and when necessary, the Russian or other languages shall be used in proceeding on equal terms with the state language.

2. In case of necessity to change the language of proceeding, the judge, bodies (civil servants) authorized to consider the cases on administrative infractions shall issue the reasoned decree on change of the language of the administrative infraction proceeding.

3. To the persons participating in a case that do not or are not proficient in language in which the proceeding on a case is conducted, the right to make statements, to give explanations and testimony, to present petitions, to make complaints, to familiarize with case materials, to appear in court upon its consideration in native language or another language that they know, to use the services of an interpreter shall be explained and ensured in the manner established by this Code.

4. Translation of case materials that are required to the persons participating in the administrative infractions proceeding by operation of law to the language of the proceeding expressed in another language shall be ensured without payment.

5. Procedural documents subjected to delivery to an offender and injured party shall be translated to their native language or to the language that they can speak.

6. The cost of translation and services of an interpreter shall be paid on account of the state budget.

Article 739. Calculation of terms

1. The terms used upon the administrative infractions proceeding shall be calculated in hours, days, months and years.

2. Upon calculation of terms, the hour or days from which the term starts to run shall not be taken into calculation. This rule shall not relate to calculation of terms upon detention.

3. When calculating the term, it shall include non-working hours, except for cases when the term shall be calculated in days.

When calculating the term of administrative arrest, it includes non-working hours.

4. Upon calculation of terms in days, the term shall be calculated after zero hours of the first days and shall expire in twenty four hours of the last days of the term.

5. Upon calculation of term in months or years, the term shall expire in the relevant number of the last month, and if this month does not have the relevant number, the term shall be terminated on the last date of this month. If termination of the term falls within non-working (day-off, public holiday) day, the last date of the term shall be considered as the first business day next to it, except for the cases of calculating the term upon administrative detention.

Footnote. Article 739 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 740. Petitions

1. The persons participating in the administrative infraction proceeding shall have the right to file petitions subjected to compulsory consideration by a judge, body (civil servant) the proceeding of which includes this case.

2. A petition is filed in writing or in electronic form, certified by the digital signature, and is subject to immediate consideration. In cases when immediate consideration of the petition is impossible, the decision on him has to be made no later than three days from the moment of the statement.

3. Decision on satisfaction of the petition or its full or partial dismissal shall be issued in the form of ruling that shall be brought to notice of the person filing the petition.

Footnote. Article 740 with the change made by the Law of the Republic of Kazakhstan from 31.10.2015 № 378-V (shall be enforced from 01.01.2016).

Article 741. The circumstances excluding the administrative infraction proceeding

1. Administrative infractions proceeding may not be initiated, and the initiated shall be subject to termination inexistence at least of one of the following circumstances:

1) absence of occurrence of administrative infraction;

2) absence of components of administrative infraction;

3) repeal of the law or its separate provisions establishing administrative liability;

4) if the law or its separate provisions establishing administrative responsibility, or other regulatory legal act subject to application in this case of an administrative offense, on which the qualification of the act as an administrative offense depends, are recognized by the Constitutional Court of the Republic of Kazakhstan as unconstitutional;

5) expiration of terms of limitation for bringing to administrative liability;

6) existence of the decree of a judge, body (civil servant) on imposition of the administrative sanction or unrepealed decree on termination of a case on administrative infraction on the same fact in respect of the person that is brought to administrative liability, as well as existence of the decree on recognition of a person as suspected on the same fact;

7) death of an individual, liquidation of a legal entity in respect of which the proceeding on case is conducted;

8) in case of any technical errors in the software confirmed by an authorized authority:

exercising management in the field of maintenance of return of duties and other mandatory payments to the budget, which resulted in failure of a taxpayer to perform tax obligation on presentation of tax forms in electronic format within the term established by the laws of the Republic of Kazakhstan;

in the field of circulation of oil products which resulted in failure to perform obligations on presentation of declarations on circulation of separate types of oil products, as well as accompanying notes in electronic form within the term established by the laws of the Republic of Kazakhstan;

in the field of production and circulation of ethyl alcohol and alcoholic products which resulted in failure to perform of obligation on presentation of declaration on production and circulation of ethyl alcohol and alcoholic products, as well as accompanying notes on ethyl alcohol and alcoholic products in electronic form within the term established by the laws of the Republic of Kazakhstan;

in the field of production and circulation of tobacco products which resulted in failure to perform obligations on presentation of declarations on excess and (or) circulation of tobacco products, details required for monitoring, as well accompanying notes for tobacco products in electronic forms within the term established by the laws of the Republic of Kazakhstan;

in the field of circulation of biofuel which resulted in failure to perform obligations on presentation of declarations on circulation of biofuel, as well as accompanying notes in electronic form within the term established by the laws of the Republic of Kazakhstan;

8-1) in case of any errors in operation of information system on declaration in electronic form confirmed by an authorized authority in the field of customs affairs which resulted in failure to perform within the terms and in accordance with the procedures established by the laws of the Republic of Kazakhstan of obligations on performance of customs formalities related to customs declaring procedure in electronic form;

9) other cases provided for by the tax and customs legislation of the Republic of Kazakhstan, as well as the Entrepreneurial Code of the Republic of Kazakhstan;

10) existence of the document confirming payment of administrative fine in the manner established by Article 897 of this Code;

11) the person that is brought to administrative liability is recognized as injured party on a criminal case in the manner established by the Law on the crime linked with human beings traffic.

12) in connection with reconciliation of the parties in the order provided by article 64 of the present Code.

2. Proceeding of administrative offense stops on the bases provided by subparagraphs 1) and 2) of part one of the present article as at validity of lack of an event of administrative offense or structure of administrative offense, and at absence of proof of their existence if all opportunities for collecting additional proofs are exhausted and also in cases when infliction of harm is lawful or act is made under circumstances which according to chapter 5 of the present Code exclude administrative responsibility.

Footnote. Article 741 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 05.11.2022 № 158-VII (shall be enforced from 01.01.2023); dated 06.04.2024 № 71-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

Article 742. Circumstances that permitting not to bring to administrative liability

The proceeding on the case of administrative offense may be terminated in the manner provided by this Code, in the case provided by Article 64-1 of this Code, as well as in the case of transfer of material to the prosecutor to the pre-trial agency due to the presence of elements of criminally punishable act, provided by the criminal legislation.

Footnote. Article 742 as amended by the Law of the Republic of Kazakhstan № 217-VI dated 21.01.2019 (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 743. Notifications (notices)

1. Participants of production on cases of administrative offenses are informed on time and the place of consideration of the case or commission of separate procedural actions and subpoenaed, body (to the official) notices (notices).

Time and the place of consideration of the case can be specified in the protocol on administrative offense also.

2. The notification (notice) shall be directed by registered letter with notification on its delivery by a telephoned message or telegram, text message to the subscriber's number of cellular communications or by electronic mail or with use of other means of communications ensuring registration of notice or summon.

3. If there is no one residing at the stated address in fact, the notice or summon may be directed to the legal address or at the place of work. The notification (notice) addressed to a legal entity shall be directed at the registered office.

4. Notification (notice) shall be recognized properly delivered in the following cases:

1) existence of signature of the person brought to administrative liability in the relevant section of administrative infraction report;

2) notice of a person by registered letter, telegram that shall be delivered to him (her) in person or to someone of adult family members residing jointly with him (her) against receipt on delivery confirmation subjected to return. The notice being addressed to a legal entity shall be delivered to the head or employee of the legal entity that shall sign for receipt of the notice on delivery confirmation specifying own last name, initials and position;

3) direction of a text message on the subscriber’s number of cellular communications or by electronic mail that the informed person stated during proceeding on the case and confirmed by own signature;

4) direction of notification (notice) by the state revenues bodies by electronic methods to the persons registered as electronic tax payers in the manner established by the tax legislation of the Republic of Kazakhstan.

4-1. The instruction about need of payment of a penalty is recognized properly delivered in cases:

1) the directions the registered mail which is handed to the owner (owner) of the vehicle personally or to someone from the full age family members who are in common living with him on receipt on the assurance of receipt which is subject to return to the sender. The instruction about need of payment of a penalty sent to the legal entity is handed to the head or the employee of legal entity who undersigns for obtaining the instruction on the assurance of receipt with the indication of the of a surname, initials and positions;

2) refusal of the addressee to accept the instruction about need of payment of a penalty. At the same time the person bringing him does the corresponding mark in the assurance of receipt which together with the instruction comes back to the sender;

3) direct delivery of the instruction about need of payment of a penalty to the owner (owner) of the vehicle personally or to someone from the full age family members who are in common living with him on receipt the official;

4) sending a text message to the cellular subscriber number specified by the owner (owner) of the vehicle on the web portal of "electronic government" and (or) the information service of the authorized body in the field of legal statistics and special accounting, as well as to the user's account on the web portal of "electronic government" with sending a short text message to a cellular subscriber number registered on the e-government web portal to receive notifications about the instructions issued to him about the need to pay a fine.

5. The person in respect of whom the administrative infraction proceeding is carried out, shall confirm by signature the familiarization with that the address of the place of residence (location), work place, subscriber’s number of cellular communications, electronic address specified by him (her) are trustworthy, and the notification (notice) directed to the stated contacts will be considered proper and sufficient.

5-1. The person against whom proceedings are initiated and also to other participants of proceeding is handed the coupon about consent to obtaining the notice of an appearance in court through the text message on a subscriber number of cellular communication, expenses on which are paid at the expense of them.

Detachable part of the coupon is handed together with the copy of the protocol on administrative offense.

6. Upon refusal of an addressee to accept a notification (notice), the person carrying or delivering it shall make the relevant mark on the notification (notice) that will return to the court, body (to civil servant).

7. Refusal of an addressee from acceptance of a notification (notice) is not a bar of consideration of the case or commission of separate procedural actions.

Footnote. Article 743 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); from 31.10.2015 № 378-V (shall be enforced from 01.01.2016); from 03.12.2015 № 432-V (shall be enforced from 01.01.2016); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 06.02.2023 № 195-VII (shall be enforced from 01.04.2023).

Chapter 38. PARTICIPANTS OF ADMINISTRATIVE INFRACTIONS
PROCEEDING, THEIR RIGHTS AND OBLIGATIONS Article 744. The person in respect of whom the administrative infraction proceeding is conducted

1. A person in relation to whom proceedings on administrative offense is administered is entitled to familiarize with a protocol and other materials of the case, give explanations, comment the content and composition of the protocol, tender evidence, present petitions including on immediate consideration of proceeding and immediate enforcement of judgement on the administrative case, and resignation, make use of legal assistance of a defender, in consideration of the case speak in native language or a language commanded, and make use of services of a translator/interpreter, when he/she does not speak the language of proceedings free of charge; lodge complaints on application of application of means of protections for proceedings, on breach of the law in execution of a protocol on administrative offense in case of indication of details inconsistent with actual data and circumstances, on order to pay penalty and order on the case; take notes and makes copies from documents available in the case, and make use of other procedural rights provided by this Code.

2. Case on administrative infraction shall be considered with participation of a person in relation to whom is a case on proceeding on administrative infraction shall be administered. Participation of a person, in relation to whom is a proceeding is administered, may be performed using technological means. In the absence of such person may be only considered in cases when an administrative offense is recorded by certified special monitoring and measuring technical means and devices operating in automatic mode, or where there is information on proper notification on place and time of case consideration and he has not sent a request to adjourn consideration of a case.

3. Upon consideration of the case on administrative infraction committed by the person under eighteen years, or the commission of which entails administrative sanction in the form of administrative arrest, as well as administrative expulsion beyond the borders of the Republic of Kazakhstan of foreign person or stateless person or deprivation of the special right (with the exception of the right to operate transport vehicles) provided to the person, the presence of the person that is brought to administrative liability shall be mandatory.

4. In case of avoidance of the persons mentioned in a part three of this Article from appearance on calling of a judge, body (civil servant) considering the case on administrative infraction, the proceeding of which includes this case on administrative infraction, this person may be subjected to bringing.

Ruling of court on bringing shall be executed by an officer of justice or internal affairs body; ruling of body (civil servant) considering the case on administrative infraction – by the internal affairs body (police).

5. The minor person in respect of whom the administrative infraction proceeding is conducted may be removed for a time of consideration of the circumstances of the case the discussion of which may have a negative impact on him (her).

Footnote. Article 744 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 745. Injured party

1. The injured party is an individual or legal entity to which the administrative infraction caused physical, property or moral damage.

2. Complainant shall have a right to familiarize with all materials of a case, give explanations, tender evidence, present petitions, including on immediate proceeding and immediate enforcement of judgement on case of administrative offense, and resignation, have a representative, appeal against a protocol on administrative offense and judgement on case of administrative offense, and make use of other procedural rights provided by this Code.

3. Case on administrative offense shall be considered with participation of a complainant. Participation of a complainant in the court may be performed using technological means. In his/her absence, the case may be only considered in cases where there are details on proper notification on place and time for proceeding and when he/she has not sent petition on adjournment of case.

4. The injured party may be interrogated as a witness in the manner provided by Article754 of this Code. If the injured party is the legal entity, its representative may be interrogated as a witness.

Footnote. Article 745 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 746. Legal representatives of an individual

1. Protection of rights and legal interests of an individual in respect of whom the administrative infraction proceeding is carried out, or of injured party that are minors or deprived of a possibility to exercise own rights on an individual basis due to physical or mental state, shall be carried out by their legal representatives.

2. Legal representatives of an individual shall be recognized as parents, adopters, trustees, guardians and other persons in care or maintenance of whom he (she) is.

3. The kinship or the relevant powers of the persons that are legal representatives of an individual shall be certified by the documents provided by the legislation of the Republic of Kazakhstan.

4. Legal representative of an individual in respect of whom the administrative infraction proceeding is conducted shall be admitted to participate in the case from the date of administrative detention of the person bringing to administrative liability, or drawing up of protocol on administrative infraction.

5. Legal representatives of an individual in respect of whom the administrative infraction proceeding is conducted, and of injured party, shall have the right and bear the obligations provided by this Code in respect of the persons represented by them.

6. Upon consideration of the case on administrative infraction committed by the person under eighteen years, the participation of his (her) legal representatives is mandatory. In case of avoidance from appearance, the legal representative of a minor may be subjected to bringing carried out by the internal affairs body (police).

Article 747. Representatives of the individual entrepreneur, legal entity

Footnote. Article 747 heading in edition of the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

1. Protection of rights and legal interests of a legal entity in respect of which the administrative infraction proceeding is conducted or that is injured party shall be carried out by its representatives.

2. Legal representative of a legal entity is the head of the executive body of legal entity that acts in behalf of the legal entity. The powers of a legal representative of legal entity shall be confirmed by the documents certifying his (her) official position.

The other persons representing the interests of a legal entity are the representatives under a commission, the powers of which are determined by a power of attorney issued in behalf of the legal entity by the executive body of legal entity and signed by the head of the executive body.

3. The representatives of a legal entity in respect of which the administrative infraction proceeding is conducted, and of injured party shall have the rights and bear obligations provided by this Code in respect of the persons represented by them.

4. The case on administrative infraction shall be considered with participation of a representative of legal entity in respect of which the administrative infraction proceeding is conducted. In the absence of the mentioned person, the case may be considered only in the cases when there is data on his (her) appropriate notice about place and time for consideration of the case, if there is no petition from him (her) on postponement of consideration of the case.

5. Upon consideration of the case on administrative infraction the commission of which entails administrative sanction in the form of confiscation of the subject that is the tool or subject for commission of administrative infraction, or confiscation of incomes (dividends), money and securities received due to commission of the administrative infraction, the presence of a representative of legal entity brought to administrative liability is compulsory.

6. In case of evasion of the representative of legal entity from an appearance on a call of the judge, body (official) in which production there is a business the specified person can be subjected to the drive by law-enforcement bodies (police), anti-corruption service and service of economic investigations on the basis of definition of the judge, body (official) in which production there is a business.

7. Representatives of the individual entrepreneur have the same procedural laws and duties, as representatives of legal entity in the limits provided by the present Code.

Footnote. Article 747 with the changes made by laws of the Republic of Kazakhstan from 4/6/2016 № 484-V (shall be enforced after ten calendar days after day of its first official publication); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 748. Defence attorney

1. Defence attorney is a person carrying out protection of rights and interests of a person brought to administrative liability in the manner established by the Law, and rendering legal assistance to him (her).

2. Advocates take participation as defence attorneys. Together with advocates, the defence attorneys may be husband (spouse), close relatives or legal representatives of the person brought to administrative liability. Foreign advocates may be admitted to participate in case as defence attorneys, if it is provided by the international treaty of the Republic of Kazakhstan with the relevant state on a reciprocal basis, in the manner determined by the legislation.

3. The defender is allowed to participation in business from the moment of administrative detention of the person brought to administrative responsibility, initiations of proceedings about administrative offense and also at any stage of proceeding of administrative offense.

4. One and the same person may not be defence attorney of two participants of the administrative infractions proceeding, if the interests of one of them conflict with the interests of the other.

5. Defence attorney shall not have the right to refuse from participation as defence attorney on the case on administrative infraction, with the exception of cases provided by the legislation of the Republic of Kazakhstan.

Footnote. Article 748 with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 749. Compulsory participation of defence attorney

1. Participation of defence attorney in the administrative infraction proceeding shall be compulsory in the cases if:

1) the person brought to administrative liability filed a petition about this;

2) the person brought to administrative liability may not exercise own right to protection due to physical or mental deficiency on an individual basis;

3) the person brought to administrative liability may not speak the language in which the proceeding is conducted;

4) the person brought to administrative liability is a minor person.

2. If in existence of the circumstances provided by a part one of this Article, the defence attorney is not engaged by the person himself (herself) brought to administrative liability, his (her) legal representatives, as well as other persons under his (her) commission, the judge, body (civil servant) authorized to consider the cases on administrative infractions shall be obliged to ensure participation of defence attorney at the relevant stage of proceeding, on which they shall issue a decree. The decree shall be directed to the bar association of oblast, city of republican significance, the capital or its structural subdivisions for execution, and shall be subject to execution within the term no more than twenty four hours from the date of its receipt.

Article 750. Engagement, assignment, substitution of defence attorney, payment for his (her) labour

1. Defence attorney shall be engaged by the person in respect of whom the administrative infraction proceeding is conducted, by his (her) representatives, as well as other persons under a commission or with consent of the person in respect of whom the administrative infraction proceeding is conducted. The person in respect of whom the administrative infraction proceeding is conducted, shall have the right to engage several defence attorneys for defence.

2. Upon request of the person in respect of whom the administrative infraction proceeding is conducted, the participation of a defence attorney shall be ensured by a judge, body (civil servant) authorized to consider the cases on administrative infractions.

3. In the cases when participation of elected or assigned defence attorney is impossible within twenty four hours, the judge, body (civil servant) authorized to consider the cases on administrative infractions shall have the right to offer engagement of other defence attorney to the person in respect of whom the administrative infraction proceeding is conducted or to take measures for assignment of defence attorney through the bar association or its structural subdivisions. The judge, body (civil servant) authorized to consider the cases on administrative infractions shall not have the right to recommend engagement of a special person as defence attorney to the person in respect of whom the administrative infraction proceeding is conducted.

4. In case of administrative detention, if the appearance of a defence attorney being elected by the person in respect of whom the administrative infraction proceeding is conducted is impossible within three hours, the judge, body (civil servant) authorized to consider the cases on administrative infractions shall offer to engage the other defence attorney to the person in respect of whom the administrative infraction proceeding is conducted, and in case of refusal, shall take measures for assignment of defence attorney through the bar association or its structural subdivisions.

5. Payment for labour of a defence attorney shall be made in accordance with the legislation of the Republic of Kazakhstan. The judge, body (civil servant) authorized to consider the cases on administrative infractions shall be obliged to release the person in respect of whom the administrative infraction proceeding is conducted from paying legal assistance in existence of the grounds for that. In this case the payment for labour shall be made on account of budget funds.

6. Costs of payment for labour of defence attorneys shall be made on account of budget funds and in case provided by a part two of Article 749 of this Code, when the defence attorney took participation in a proceeding on case upon assignment.

7. The advocate shall be admitted to participate in case on administrative offence as defence attorney upon presenting the certificate of advocate and written notice of protection (representation) provided by the Law of the Republic of Kazakhstan "On Advocacy and Legal Assistance". Reclamation of other documents confirming the authority of advocate to conduct a particular case shall be prohibited. The other persons mentioned in part two of Article 748 of this Code shall present the documents certifying their right to participate in the case as defence attorney (certificate of marriage, as well as documents mentioned in part three of Article 746 and part three of Article 747 of this Code).

Footnote. Article 750 as amended by the Law of the Republic of Kazakhstan № 177-VI dated 05.07.2018 (shall be enforced from 01.01.2019).

Article 751. Refusal from defence attorney

1. The person in respect of whom the administrative infraction proceeding is conducted shall have the right to refuse from defence attorney at any time of the proceeding that means his (her) intention to exercise own protection on an individual basis. Refusal from defence attorney shall not be admitted on the grounds of absence of the funds for payment of legal assistance. Refusal shall be executed in written form.

2. Refusal from defence attorney shall not deprive the right of the person in respect of whom the administrative infraction proceeding is conducted to file petition in the following on admission of a defence attorney to participate in a case. Intervention of a defence attorney shall not entail review of the actions committed by this time in the course of consideration of the case on administrative infraction.

Article 752. Powers of defence attorney

1. Defence attorney shall have the right to: familiarize with all case materials; participate in consideration of a case; represent evidences; file petitions and objections; put questions to the persons interrogated in the process of consideration of a case upon authorization of a judge, body (civil servant) authorized to consider the case; appeal the application of measures to ensure proceeding on a case; use the other rights provided to him (her) by the Law.

2. Defence attorney shall not have the right to: commit any actions against the interests of a defendant and impede exercise of the rights belonging to him (her); recognize his (her) belonging administrative infraction and guilt in its commission in spite of position of a defendant, to apply on reconciliation of a defendant with injured party; withdraw complaints and petitions filed by a defendant; disclose the details that became known to him (her) due to applying for legal assistance and its implementation.

Article 753. Representative of injured party

1. The representatives of an injured party may be the persons legally qualified by operation of law to represent the interests of the injured party upon the administrative infraction proceeding.

1-1. For protection of the rights and legitimate interests of the victims who are minors or on the physical or mental state deprived of an opportunity independently to protect the rights and legitimate interests, their lawful representatives and representatives are involved in obligatory participation in process.

2. The representatives of an injured party shall have the same procedural rights as individuals and legal entities represented by them within the ambit provided by this Code.

3. The representatives shall not have the right to commit any actions contrary to the interests of the represented person.

4. Personal participation of an injured party in a case shall not deprive his (her) right to have a representative on this case.

Footnote. Article 753 with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 754. Witness

1. Any person who may know the circumstances having significance for a case may be called as a witness on a case on administrative infraction, unless otherwise provided by the Law.

2. The witness shall have the right to: refuse from testimony against himself (herself), husband (wife) or close relatives, make statements and remarks regarding the correctness of entering own evidences in the relevant protocol; act in native language upon consideration of a case; enjoy free assistance of an interpreter.

3. The witness shall be obliged to appear on call of a judge, body (civil servant) the proceeding of which includes the case on administrative infraction, to report faithfully about all that is known to him (her) on a case and answer to raised questions, to certify the correctness of entered evidences by his (her) signature in the relevant protocol.

4. The witness shall be informed on administrative liability for avoidance or refusal from testimony, giving of knowingly false testimony to the body (civil servant) authorized to consider the cases on administrative infractions, and on criminal liability for commission of these actions in court.

5. In case of avoidance of a witness from appearance on call of a judge, body (civil servant) the proceeding of which includes the case on administrative infraction, he (she) may be subjected to bringing by the internal affairs body (police) on the basis of the ruling of court, body (civil servant).

6. Upon interrogation of a minor witness under fourteen years, the presence of a pedagogue or psychologist is compulsory. In case of necessity, the interrogation shall be conducted in the presence of a legal representative of such witness.

Article 755. Attesting witness

1. In cases provided by this Code, the adult person that is impartial in outcome of a case, being able to perceive fully and correctly the actions happening in his (her) presence shall be brought as attesting witness.

2. Participation of an attesting witness in the administrative infraction proceeding shall be expressed in protocols of personal inspection, search of a transport vehicle, things, withdrawal of documents and things being in possession of an individual, inspection of territories, premises and property belonged to a legal entity, withdrawal of documents and property belonging to the legal entity.

3. The attesting witness shall be obliged to appear on call of a civil servant, the proceeding of which includes the case on administrative infraction, to take participation in a proceeding on this case and certify the fact of carrying out the actions performed with his (her) presence, their content and results by his (her) signature in the relevant protocol.

4. The attesting witness shall have the right to make statements and remarks regarding the performed action subjected to entering in protocol.

5. In case of necessity, the attesting witness may be interrogated as a witness in the manner provided by Article 754 of this Code.

Article 756. Specialist

1. Any adult person that is impartial in outcome of a case having special knowledge and skills required for rendering assistance in collection, research and assessment of evidences, as well as in applying special means may be assigned as a specialist for participation in the administrative infraction proceeding.

2. The specialist shall have the right to: know the aim of his (her) call; refuse from participation in a proceeding on case, if he (she) does not possess the relevant special knowledge and skills; familiarize with case materials related to the procedural actions committed with his (her) participation; put questions to the participants of procedural actions upon authorization of a judge, body (civil servant) the proceeding of which includes the case on administrative infraction; conduct research within the procedural actions, with the exception of comparative research, case materials with the reflection of its course and results in the protocol or official document that is a part of the protocol of procedural actions; familiarize with the protocol of procedural actions in which he (she) took participation, and make statements and remarks subjected to entering in the protocol with regard to fullness and correctness of recording the course and results of the actions performed with his (her) participation.

3. The specialist shall be obliged to: appear on call of a judge, body (civil servant) carrying out the administrative infraction proceeding; participate in a procedural action using special knowledge, skills and scientific technical means; give explanations regarding the actions committed by him (her); certify the fact of commission of mentioned actions, their content and results by his (her) signature.

Article 757. Expert

1. The person that is impartial in outcome of a case, having special scientific knowledge may be called as an expert. Performance of forensic examination may be instructed to:

1) employees of the bodies of forensic examination;

2) to the natural persons who are engaged in judicial and expert activity on the basis of the license;

3) the other persons in accordance with requirements of the Law in exceptional manner.

2. The expert shall have the right to: familiarize with case materials related to the subject of examination; file petitions on representing additional materials required for giving an opinion, to participate in a proceeding of procedural actions upon authorization of the body (civil servant), the proceeding of which includes the case on administrative infraction, and put questions to the persons participating in them related to the subject of examination; familiarize with a protocol of procedural actions in which he (she) took participation, and make remarks subjected to entering in the protocols with regard fullness and correctness of recording his (her) actions and evidences; in coordination with a judge, body (civil servant) that assigned the forensic examination, to give an opinion within the competence on the circumstances having a meaning for the case detected in the course of judicial expert research, that are beyond the scope of the issues contained in a ruling on assignment of the forensic examination; represent the opinion and give evidences in native language or the language that he (she) can speak; enjoy free assistance of an interpreter; appeal decisions and actions of a court and other persons participating in the proceeding on case derogating from his (her) rights upon performance of the examination; receive compensation of the costs incurred upon performance of the examination, and remuneration for the performed work, if performance of forensic examination is not included into his (her) scope of official duties.

3. The expert shall not have the right to: hold negotiations with participations of the administrative infraction proceeding on the issues linked with performance of the examination, without knowledge of the body carrying out proceeding on a case; collect materials for investigation on an individual basis; conduct investigations that may entail full or partial destruction of the objects or change of their appearance or main properties, if there is no special permit of the body that assigned the examination.

4. The expert shall be obliged to: appear on call of a judge, body (civil servant) the proceeding of which includes the case on administrative infraction; conduct thorough, full and objective investigation of the objects represented to him (her), give reasonable written conclusion on the issues set before him (her); refuse from giving an opinion and draw up substantiated written report on impossibility to give the opinion and direct it to the body (civil servant( that assigned the forensic examination, in the cases provided by a part thirteen of Article 772 of this Code; give evidences on the issues linked with conducted investigation and given opinion; ensure preservation of the investigated objects; not to disclose the details on circumstances of the case and other details that became known to him (her) due to performance of the examination.

5. The expert bears the responsibility provided by the present Code for making obviously false conclusion.

6. The expert who is the employee of body of judicial examination is considered by the nature of the activity acquainted with his rights and duties and warned about the responsibility for making obviously false conclusion in court provided by the present Code.

Footnote. Article 757 with the changes made by the Law of the Republic of Kazakhstan from 10.02.2017 № 45-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 758. Interpreter

1. Any adult person that is impartial in outcome of a case that can speak languages (that understands the signs of dumb or deaf people), the knowledge of which are required for interpretation upon the administrative infraction proceeding.

2. The interpreter shall be assigned by a judge, body (civil servant) the proceeding of which includes the case on administrative infarction.

3. The interpreter shall have the right to: refuse from participation in a proceeding on case, if he (she) does not possess knowledge required for interpretation; put questions to the persons attending upon the process of interpretation for clarification of the interpretation; familiarize with a protocol of procedural actions in the proceeding of which he (she) took participation, and make remarks subjected to entering in the protocol in regard with fullness and correctness of recording of interpretation.

4. The interpreter shall be obliged to: appear on call of a judge, body (civil servant) the proceeding of which includes the case on administrative infraction, and to carry out the interpretation instructed to him (her) fully and precisely; certify correctness of interpretation by own signature in the relevant protocol.

5. The interpreter shall be warned on administrative liability for carrying out of knowingly false interpretation upon consideration of a case on administrative infraction by the body (civil servant) authorized to consider the cases on administrative infractions, and on criminal liability for commission of this act in court.

6. The rules of this Article shall apply to the person involved in participation in a case on administrative infraction that understands the signs of dumb or deaf people.

Article 759. Prosecutor

1. The highest supervision of respecting the rule of law in the course of production on cases of administrative offenses on behalf of the state is exercised by the Attorney-General of the Republic of Kazakhstan as directly, and through the prosecutors subordinated to him.

Upon exercising own procedural powers, the prosecutor shall be independent and shall abide by the Law.

2. For the purpose of realizing own powers provided by Article 760 of this Code, the prosecutor shall: participate in the administrative infractions proceeding; represent evidences and participate in their investigation; set forward own opinion to the court, body (civil servant) considering the case on guilt of the person in respect of whom the administrative infraction proceeding is conducted, as well as on the other issues raising in the process of considering the case; express suggestions to the court, body (civil servant) considering the case on applying the provisions of the Law and imposition of the administrative sanction or release from it.

3. The prosecutor is without fail informed on the place and time of consideration of the case about the administrative offense committed by the minor and also the offense attracting administrative detention, administrative exclusion of the foreigner or person without citizenship out of borders of the Republic of Kazakhstan. In his absence such case can be considered only in cases when there are data on the timely notice of the prosecutor on the place and time of consideration of the case and if from him the petition for adjournment of consideration of the case hasn't arrived.

Footnote. Article 759 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); from 11.07.2017 № 91-VI (shall be enforced after ten calendar days after day of its first official publication); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 759-1. Court clerk

1. The court clerk is the public servant who isn't interested on the case of administrative offense who keeps the protocol of court session of court and also provides audio-, video fixing of court session.

2. The court clerk is obliged:

1) to be in the hall of court session all the time, so far he needs to provide recording and not to leave a court session without the permission of the chairman;

2) it is full and correct to state in the protocol of action and judgment, the petition, objection, the indication, an explanation of all persons participating in a court session and also other circumstances which are subject to reflection in the minutes of court;

3) to make the protocol of court session;

4) not to disclose data on the circumstances which have become known in connection with his participation in the closed court session;

5) to submit to lawful orders of the chairman.

3. The court clerk bears personal responsibility for completeness and correctness of the minutes of court.

4. In case of entering of the doubtful or untrue data into the protocol of court session the secretary bears the responsibility provided by the law.

Footnote. Chapter 38 is supplemented with article 759-1 according to the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 760. Powers of a prosecutor on ensuring legality of the administrative infractions proceeding

1. By results of checks of production on cases of administrative offenses, assessment of legality of the resolution and other acts the prosecutor has the right:

1) to bring in court, body (official) a protest on the resolution on the case of administrative offense or the instruction about need of payment of a penalty;

2) give written instructions to the authorized civil servants and bodies (except for the court) on performance of additional inspection;

3) require conduct of inspection from the authorized bodies in the organizations controlled by them or subordinated to them;

4) terminate the administrative infraction proceeding in the cases established by the Law;

5) to stop performance of the resolution on an administrative penalty or instructions about need of payment of a penalty;

6) issue a decree on release of the person illegally subjected to administrative detention;

7) issue a decree or requirement on release from any measures of prohibitive or restrictive nature imposed by the civil servants of the state bodies due to fulfillment of own obligations in the cases of violation of rights and legal interests of individuals, legal entities and the state;

8) issue a decree on initiation of the administrative infraction proceeding.

2. The acts of a prosecutor stated in subparagraphs 6) and 7) of part one of this Article shall be subject to immediate execution. The civil servants that are guilty in delay of executing the mentioned acts of a prosecutor shall bear liability established by the Law.

Footnote. Article 760 with the changes made by laws of the Republic of Kazakhstan from 11.07.2017 № 91-VI (shall be enforced after ten calendar days after day of its first official publication); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 761. Liability for non-fulfillment of procedural obligations

1. Non-fulfillment of the procedural obligations provided by Articles 754, 756, 757, 758 of this Code by a witness, specialist, expert and interpreter shall entail administrative liability established in Articles 658, 659, 661 of this Code.

2. In case of commission of the actions specified in part one of the present article when considering the case about administrative offense, complaints, the appeal petition, the prosecutor's protest on the resolution on matter in protocols of consideration of the complaint, the appeal petition, the prosecutor's protest on the resolution on business the corresponding record is made.

Footnote. Article 761 with the change made by the Law of the Republic of Kazakhstan from 11.07.2017 № 91-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 762. Circumstances excluding the possibility of participation in the administrative infraction proceeding

1. The persons that are employees of the state bodies carrying out supervision and control of compliance with the riles, the violation of which is the ground for initiation of this case, or if they previously acted as other participants of the proceeding on this case shall not be admitted to participate in the administrative infraction proceeding as defence attorney and representative.

2. The court clerk, the bailiff, the expert and the translator aren't allowed to participation in proceeding of administrative offense if: they consist in the related relations with the person brought to administrative responsibility, the victim, their representatives, the defender, the representative, the prosecutor, the judge, the official in whose production there is this case or they acted as other participants of production on this case earlier; their incompetence was found, and equally there are other bases to consider these persons directly or indirectly interested in this case.

3. Preceding participation of a person in the case as an expert is the circumstance that excludes his (her) instructing to perform the examination in cases when then it is assigned repeatedly second time after the examination performed with his (her) participation.

Footnote. Article 762 with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 763. Challenges of persons the participation of which in the proceeding on case is not admitted

1. In existence of the circumstances provided by Article 762 of this Code excluding a possibility for participation of defence attorney, representative, prosecutor, expert and interpreter in the administrative infraction proceeding, the mentioned persons shall be subject to challenge.

2. The application on recusation or challenge shall be filed to a judge, body (civil servant) the proceeding of which includes the case on administrative infraction.

3. the application on recusation or challenge shall be considered within three days from the date of filing the application.

4. After consideration of the application on recusation or challenge, the judge, body (civil servant) shall issue a ruling on satisfying the application or on refusal from its satisfaction.

Article 764. Compensation of expenses to injured party, witness, expert, specialist, interpreter or attesting witness

1. Injured party, witness, expert, specialist, interpreter and attesting witness shall be compensated for expenses incurred by them due to appearance in court, body (civil servant) the proceeding of which includes the case on administrative infraction in the manner established by the civil procedure legislation, including the cost of travelling of the mentioned persons from the place of residence or staying to the place of proceeding and return, and in cases when it is linked with staying at the other place – the cost of lease of a residential premise, as well as daily allowance.

2. The average earnings on the work place of the person called as injured party, witness, expert, specialist, interpreter and attesting witness shall be preserved in established manner for a time of their absence due to appearance in court, body (civil servant) the proceeding and consideration of which includes the case on administrative infraction.

3. Labour of an expert, specialist and interpreter shall be paid in the manner established by the legislation.

Chapter 39. EVIDENCES AND PROOF Article 765. Evidences

1. Evidences on the case on administrative infraction are legally received actual data on the basis of which, the judge or body (civil servant) the proceeding of which includes the case on administrative infraction establishes existence or absence of the act containing all the signs of administrative infraction components, commission or non-commission of this act buy the person in respect of whom the administrative infraction proceeding is conducted, guilt or guiltlessness of this person, as well as the other circumstances having significance for a proper solution of the case in the manner established by this Code.

2. Actual data mentioned in a part one of this Article, shall be established by: explanations of a person brought to administrative liability; testimony of an injured party, witnesses; opinions and testimony of an expert specialist; material evidences; other documents; protocols on administrative infraction and protocols of procedural actions provided by this Code.

Upon consideration of materials on administrative infractions, the data received with use of scientific technical means may be used as evidences.

3. Actual data shall be recognized inadmissible as the evidences, if they are received with violations of the requirements of this Code that affected or may affect a credibility of the received actual data by means of deprivation or restriction of the rights of the participants of proceeding guaranteed by the Law or violation of the other rules of process, as well as:

1) with use of force, threat, fraud, and equally the other illegal actions;

2) with use of wrong beliefs of a person participating in a process with regard of his (her) rights and obligations occurred due to non-clarification, incomplete or improper clarification of them;

3) due to conduct of a procedural action by a person that does not have the right to carry out the proceeding on this case;

4) due to participation of a person subjected to challenge in a procedural action;

5) with violation of the procedure for proceeding of a procedural action;

6) from unknown source;

7) with use of methods in the course of proving contradicting to modern scientific knowledge.

4. Inadmissibility of using actual data as evidences shall be established by a judge or body (civil servant) carrying out the administrative infraction proceeding at own initiative or upon petition of participants of the process.

5. The evidences received with breach of the Law shall be recognized invalid and may not be taken as basis of case decision, as well as may not be used upon proving any circumstance on the case, with the exception of the fact of the relevant violations and guilt of the persons that committed them.

Article 766. Circumstances subjected to proving on the case on administrative infraction

It shall be subject to proving on the case on administrative infraction as follows:

1) the fact and signs of administrative infraction components provided by this Code;

2) the person that committed wrongful act (action or omission) for which the administrative liability is provided by this Code;

3) guilt of an individual in commission of administrative infraction;

4) circumstances mitigating or aggravating administrative liability;

5) character and size of damage inflicted by administrative infraction;

6) circumstances entailing release from administrative liability;

7) reasons and conditions promoting commission of administrative infraction, as well as the other circumstances having significance for a proper solution of the case.

Article 767. Explanations of a person in respect of which the administrative infraction proceeding is conducted, the testimony of an injured party and witness

1. Explanations of the person concerning whom proceeding is conducted testimonies of the victim and the witness represent the data concerning business reported by specified persons in an oral or written form.

In need of the course of proceeding of administrative offense scientific and technical means in the video conferencing mode can be used.

The order of such application of means of a video conferencing is defined by the body which is carrying out organizational and material support of activity of the courts with requirements of the present Code.

2. The explanations of a person in respect of whom the proceeding on case is conducted shall be reflected in a protocol on administrative infraction or on applying the measures on ensuring the proceeding on case, and when necessary – shall be drawn up as polling protocol and attached to the case.

3. The explanations of a person in respect of whom the administrative infraction proceeding is conducted, the testimony of witnesses shall be incorporated in protocol on administrative infraction only after its full filling and clarification of rights and obligations provided by this Code to the mentioned persons.

4. In case of failure to comply with the requirements provided by a part three of this Article, the explanations of a person in respect of whom the administrative infraction proceeding, the testimony of a witness shall not be considered as having the force of evidences and may not be recognized as evidences.

Footnote. Article 767 with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 768. Representation of evidences

1. The evidences may be represented by parties and other participants of administrative proceeding.

2. If the represented evidences are insufficient, the court or body considering a case may suggest to represent additional evidences to participants of a process or to collect them at own initiative.

Article 769. Grounds for release from evidence

1. The circumstances recognized as commonly known by a court, body (civil servant) authorized to consider administrative infraction, shall not be subject to proving.

2. Ecircumstances established by the final court decision on a civil, administrative cases or the court decree on another case on administrative infraction entered into force shall not be subject to proving upon consideration of the other cases on administrative infractions in which the same persons take participation.

3. The following circumstances shall be considered as established without evidences, unless the contrary is established within the due process of law:

1) correctness of the methods for investigation being generally accepted in modern science, technology, arts, craft;

2) knowledge of the law by a person;

3) knowledge of own official and professional obligations by a person;

4) absence of special training or education of a person that did not represent a document for their certification and that did not state the educational organization or another institution where he (she) obtained special training or education.

Footnote. Article 769 as amended by the Law of the Republic of Kazakhstan dated 29.06.2020 № 351-VI (shall be enforced from 01.07.2021).

Article 770. Securing of evidence

1. The parties that have a reason to be worried that the representation of necessary evidences for them will be impossible or difficult, may ask a judge, body (civil servant) considering a case on administrative infraction on securing of these evidences.

2. Securing of evidences shall be carried out by demanding representation of documents, details and conclusions, performance of examinations, survey on the spot and by other methods from organizations independently from their participation in the case.

Article 771. Application on securing of evidences

1. The application on securing of evidences shall include: the evidences that are required to be secured; the evidences the confirmation of which requires these evidences; the reasons inducing an applicant to make a request on securing, as well as the case for which these evidences are required.

2. The statement is filed a lawsuit, body (official), considering case of administrative offense, in writing or in electronic form, certified by the digital signature.

Footnote. Article 771 with the change made by the Law of the Republic of Kazakhstan from 31.10.2015 № 378-V (shall be enforced from 01.01.2016).

Article 772. Assignment and performance of examination

1. The examination shall be assigned by a judge, body (civil servant) the proceeding of which includes a case on administrative infraction, when the circumstances having significance for the case may be received in a result of investigation of the case materials conducted by an expert on the basis of special scientific knowledge.

2. Existence of certificates of audit, inspection, conclusions of departmental inspections, as well as official documents drawn up according to results of investigations conducted by specialists in the course of procedural actions shall not exclude a possibility to conduct an examination on the same issues.

3. The judge, body (civil servant) the proceeding of which includes a case on administrative infraction may assign an examination upon petition of parties or at own initiative.

4. Performance of an examination may be instructed to employees of the examination bodies or to other persons satisfying requirements of Articles 757 of this Code. Performance of an examination may be instructed to a person from among those proposed by the parties. The requirements of a judge, civil servant on call of the person that is instructed by performance of the examination shall be compulsory for the head of the organization where the mentioned person works.

5. On assignment of an examination, the judge, body (civil servant) the proceeding of which includes a case on administrative infraction shall issue a ruling in which he (she) states:

1) last name, initials of a judge, civil servant, name of a court, body;

2) time, place of assignment of an examination;

3) grounds for assignment of an examination;

4) last name, first name, patronymic (when available) of an expert or name of an examination body in which it shall be performed;

5) issues set before an expert;

6) list of materials represented in disposal of an expert.

The ruling shall also contain records on explanation of the rights and obligations to an expert and on the warning on liability for giving knowingly false opinion.

6. The single-discipline expert panel may be assigned for performance of complex expert investigations that shall be performed by no less than two experts of one specialty.

7. The comprehensive examination shall be assigned if for establishment of the circumstance having significance for a case it is required investigation on the basis of different branches of knowledge that shall be performed by experts of different specialties within own competence.

8. Before direction of a ruling on assignment of an examination for execution, the judge, body (civil servant) that assigned the forensic examination shall be obliged to familiarize the person in respect of whom the administrative infraction proceeding is conducted, the injured party with it, to explain the rights to them:

1) challenge an expert or file petition on dismissal from performance of an examination of the body of forensic examination;

2) file petitions on assignment of the persons or employees of particular bodies of forensic examination specified by them as experts, as well as on performance of an examination by the committee of experts;

3) file petition on raising additional questions before an expert or on clarification of the raised questions;

4) attend during performance of an examination, to give explanations to an expert upon authorization of a judge or body (civil servant) that assigned the forensic examination, with the exception of cases precluding performance of the examination;

5) familiarize with expert’s opinion or report on impossibility to give an opinion after its delivery to a judge or body (civil servant) that assigned the forensic examination, to represent own remarks, to file petitions on assignment of additional or repeated examination, assignment of new examinations.

The examination of injured parties shall be performed only with their written agreement. If these persons did not attain majority age or recognized incapable by court, he written agreement for performance of the examination shall be given by their legal representatives.

9. Based on the results of performance of an examination, the expert (experts) shall give an opinion in his (her) own name, drawn up in accordance with the requirements of Article 773 of this Code and shall direct it to a judge, body (civil servant) that assigned the examination.

10. Upon insufficient clarity and completeness, as well as in case of necessity of solution of additional issues linked with the previous investigation, the additional examination the performance of which is instructed to the same or another expert (experts) shall be assigned.

11. If the opinion of the expert is substantiated insufficiently or his (her) conclusions raise doubts or the procedural rules on assignment and performance of an examination were essentially violated, the repeated examination, the performance of which is instructed to the committee of experts which does not include the expert (experts) that performed the previous examination, may be assigned for investigation the same objects and solution of the same issues.

12. Ruling of a judge, body (civil servant) on assignment of additional and repeated examinations shall be substantiated. Upon instructing of additional and repeated examinations to an expert (experts), the opinions drawn up based on the results of the previous examinations shall be represented.

13. If before conduct of investigation, the expert is assured that the issues set before him (her) are beyond his (her) special knowledge or the materials provided to him (her) are unsuitable or insufficient for giving an opinion and may not be performed, or the state of science and expert practice does not allow to answer to the raised issues, he (she) shall draw up a substantiated report on impossibility to give the opinion and direct it to a judge, body (civil servant).

Article 773. Opinion and testimony of an expert and specialist

1. Expert’s opinion – the conclusions represented in written form on the issues set before him (her) by a judge, body (civil servant) the proceeding of which includes a case on administrative infraction, based on the results of investigation of case materials, including material evidences and samples, performed with the use of special scientific knowledge. The opinion shall also include the methods applied by an expert during investigation, the substantiation of answers to the raised issues and circumstances having significance for a case established at the initiative of the expert himself (herself).

2. Conclusion shall be made by an expert (experts) after surveys in consideration of its outcomes on its behalf shall be certified by its certified by their signature and private seal. In case of expertise evaluation by expert authority, signature of an expert (experts) shall be affixed by the seal of respective authority. Conclusion of an expert (experts), presented in electronic form shall be certified by their electronic digital signature, as well as by expertizing authority in expertise by the above authority.

3. The opinion of an expert shall include: date of its drawing up, terms and place of the examination; grounds for performance of forensic examination; details on a judge, body (civil servant) the proceeding of which includes a case on administrative infraction; details on a body of forensic examination and (or) expert (experts) being instructed to perform the examination (last name, first name, patronymic (when available), education, specialty, work experience with a relevant degree, academic degree and academic rank, current position); mark certified by the signature of an expert that he (she) is informed on criminal liability for giving knowingly false opinions in court; issues set before an expert (experts); details on participants of a process attending during performance of an examination and the explanations given by them; objects; content and results of investigations with specification of used methods; assessment of results of performed investigations, substantiation and formulation of the conclusions on the issues set before an expert (experts).

4. The opinion shall contain substantiation of impossibility to answer to all or several of the raised issues, if the circumstances mentioned in a part thirteen of Article 772 of this Code are detected in the course of investigation.

5. Expert testimony – the details reported by him (her) in the course of consideration of a case on administrative infraction for the purpose of clarification or specification of the opinion represented to them in accordance with requirements of Article 757 of this Code.

6. Specialist’s opinion – judgement represented in written form on the issues raised before a specialist by the authorized body carrying out administrative infraction proceeding, or by parties upon answers to which, the conduct of the relevant investigation is not required.

7. The opinion of a specialist consists of introductory, descriptive parts and opinions. The introductory part shall contain: date, place, time for giving an opinion; civil servant that instructed performance of the special investigation; details on a specialist (last name, first name, patronymic (when available), education, specialty, work experience, academic rank, current position. The descriptive part shall contain the issues raised before a specialist, objects, materials, documents represented to a specialist for giving an opinion, the persons attending during investigation. Conclusions shall reflect answers of a specialist to raised issues and their scientific rationale.

8. Specialist evidence – the details reported by him (her) in the course of consideration of a case on administrative infraction, on circumstances requiring special knowledge, as well as clarification of own opinion in accordance with requirements of Article 756 of this Code.

9. Materials illustrating opinion of an expert, specialist (photo board, schemes, schedules, tables and other materials) certified in the manner provided by a part two of this Article shall be accompanied to the opinion and constitute its component part. The opinion shall be also accompanied by the objects left after investigation, including samples.

10. The opinion of an expert, specialist is not compulsory for a court, body (civil servant) the proceeding of which includes a case on administrative infraction, however their disagreement with the opinion shall be substantiated.

Footnote. Article 773 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 774. Sample acquisition

1. The judge shall have the right to obtain samples, as well as those representing properties of human, animal, substance, subject, if their investigation has significance for a case.

2. The samples shall also include test samples of materials, substances, raw materials, finished products.

3. The reasoned ruling shall be issued on sample acquisition, that shall include: a person that will obtain samples; a person (organization) from which it is required to obtain samples; which exactly samples and in which quantity should be obtained; when and to whom shall person come for obtainment of samples from him (her); when and to whom the samples should be represented after their obtainment.

4. The samples may be obtained by a judge in person, and in case of necessity – with participation of a doctor or the other specialist, if it is not linked with uncovering of the opposite sex from whom the samples are obtained, and if it does not require special professional skills. In other cases, the samples may be obtained by a doctor or the other specialist under a commission of a judge.

5. A judge, expert, doctor or the other specialist shall have the right to obtain samples.

6. In cases when sample acquisition is a part of expert investigation, it may be performed by an expert.

7. The samples may be obtained from parties, as well as from third parties.

8. The judge shall summon a person, familiarize him (her) with a ruling on sample acquisition against receipt, explain the rights and obligations to him (her) and other persons participating in this procedural action.

9. A judge shall perform necessary actions, receive samples, pack them and seal in person or with participation of a specialist.

10. The results of sample acquisition shall be recorded in a protocol of procedural action (court sitting) in which the actions taken for obtainment of samples in a sequence in which they were performed, the scientific research and other methods and procedures applied by this, as well as the samples themselves, are described.

Article 775. Sample acquisition by a doctor or other specialist, as well as other expert

1. The judge shall direct the person from whom the samples should be obtained to a doctor or other specialist, as well as ruling with the relevant commission. The ruling shall contain the rights and obligations of all the participants of this procedural action.

2. The doctor or the other specialist shall perform any necessary actions and obtain samples under commission of a judge. Samples shall be packed and sealed, after what they shall be directed to a judge together with official document drawn up by a doctor or other specialist.

3. In a process of investigation, the expert may produce experimental models, on which he (she) shall report in opinion.

4. The judge shall have the right to attend upon production of such samples that should be reflected in a protocol drawn up by them.

5. After conduct of investigation, the expert shall attach the samples to own opinion in a packed and sealed form.

6. If the samples are obtained under a commission of a judge by a specialist or expert, he (she) shall draw up official document that shall be signed by all the participants of procedural action and transferred to the judge for attaching to case materials.

7. The protocol shall be accompanied by obtained samples in a packed and sealed form.

Article 776. Protection of individual rights upon sample acquisition

The methods and scientific technical means of sample acquisition shall be safe for life and health of human. Applying complex medical procedures and methods causing strong pain senses shall be admitted only with written agreement of the person from which the samples should be obtained, and if he (she) is under majority age or suffers from mental diseases, with written agreement of his (her) legal representatives.

Article 777. Material evidences

1. Material evidences on a case on administrative infraction are the subjects that are the tool or subject for commission of infraction or that preserved its traces.

2. In necessary cases, the material evidences shall be photographed or recorded by other method and attached to a case, whereat the entry in a protocol on administrative infraction or another protocol provided by this Code shall be made.

3. The judge, body (civil servant) the proceeding of which includes a case on administrative infraction shall be obliged to take all necessary measures to ensure preservation of material evidences before solution of the case in essence, as well as to adopt decision on them upon completion of consideration of the case.

Article 778. Scientific technical means

1. The court, body (civil servant) and participants of the administrative infraction proceeding shall have the right to use and represent actual data received upon using scientific technical means.

2. Use of scientific technical means shall be recognized admissible, if they:

1) explicitly provided by the Law or do not contradict its rules and principles;

2) scientifically well-grounded;

3) ensure effectiveness of proceeding on a case;

4) safe.

3. Actual data received upon use of scientifically technical means shall be reflected in a protocol on administrative infraction or decree on a case on administrative infraction.

Article 779. Documents

1. The documents shall be recognized as evidences on a case, if the details stated or certified in them by organizations, civil servants and individuals, have significance for a case on administrative infraction.

2. The documents may contain details recorded as in written, so in other form. Materials containing computer information, photo survey and cine filming, sound and video recording received, demanded or represented in the manner provided by this Code may be also referred to the documents.

3. Driving license for the right of operation of transport vehicle is a document having significance for a case only in cases of its verification and adoption of a decision on deprivation of the right of an individual to operate transport vehicle.

4. The judge, body (civil servant) the proceeding of which includes a case on administrative infraction shall be obliged to take necessary measures to ensure preservation of documents before solution of the case in essence, as well as adopt decision on them upon completion of consideration of the case.

5. In cases when the documents have the signs mentioned in Article 777 of this Code, they are material evidences.

Article 780. Demand of additional details

1. The judge, body (civil servant) the proceeding of which include a case on administrative infraction shall have the right to issue a ruling on demand of additional details from organizations, public associations, required for solution of the case.

2. In the ruling of a judge, body (civil servant) on demand of additional details, the brief of the merit of considered case shall be stated, the circumstances subjected to clarification shall be specified. This ruling shall be compulsory for a court to which it is directed, and subjected to execution within the established term.

3. Demanded details shall be directed within three days from the date of receipt of requirement.

4. Upon impossibility to represent the mentioned details, the organization, public association shall be obliged to notify a judge, body (civil servant) that issued the ruling in written form within three days.

Article 781. Proving

1. Proving consists of collection, verification and assessment of evidences for the purpose of establishment of the circumstances having significance for a legal, substantiated and fair consideration of cases on administrative infractions.

2. Burden of proving the existence of the grounds of administrative liability and guilt of infraction shall be imposed on a body (civil servant) authorized to consider the proceeding on cases on administrative infractions.

Article 782. Collection of evidences

1. Collection of evidences shall be carried out in a process of the administrative infraction proceeding by carrying out the actions provided by this Code.

2. Subjects and documents shall be attached to the case after their assessment whereat the relevant record shall be entered in a protocol on administrative infractions or a separate protocol shall be drawn up.

Acceptance of subjects and documents from the persons that are participants of the administrative infractions proceeding shall be carried out on the basis of a petition.

Article 783. Inspection

All the evidences collected on a case on administrative infraction shall be subject to detailed, comprehensive and objective inspection. The inspection includes an analysis of received evidence, its correlation with other evidences, collection of additional evidences, inspection of the sources of evidences.

Article 784. Evaluation of evidences

1. Evaluation of evidences is a logical intellectual activity consisting of analysis and synthesis of evidences and terminating with a summary on relevance, admissibility, credibility and value of separate evidences and sufficiency of their totality for substantiation of adopted decision.

2. The judge, body (civil servant) carrying out the administrative infraction proceeding shall evaluate evidences at own inner conviction based on comprehensive, full and objective consideration of the evidences in their totality, governed by the Law and conscience. No evidences have a predetermined established force.

3. Each evidence shall be subject to evaluation from the point of view of relevance, admissibility, credibility, and all the evidences collected in total – sufficiency for solution of a case.

4. The evidence shall be recognized related to a case if it represents actual data that confirms, deny or challenge the summaries on existence of the circumstances having a significance for a case.

5. The evidence shall be recognized admitted if it is received in the manner provided by this Code.

6. The evidence shall be recognized credible if in results of inspection it is clear that it conforms to actuality.

7. The totality of evidences shall be recognized sufficient for solution of a case, if all the admitted and credible evidences related to the case establishing the issue about all and each of the circumstances subjected to proving without controversy, are collected.

Chapter 40. TAKING MEASURES OF ENSURING THE ADMINISTRATIVE
INFRACTIONS PROCEEDING Article 785. Measures of ensuring the administrative infraction proceeding

1. For the purpose of suppression of administrative infraction, establishment of identity of a person suspected in its commission, drawing up a protocol on administrative infraction, when its drawing up is impossible on location of the administrative infraction, ensuring well-timed and proper consideration of a case and execution of a decree adopted on the case, prevention of a direct danger to life or health of people, threat of accident or technogenic disasters, the authorized civil servant shall have the right to apply the following measures of ensuring the administrative infraction proceeding within the competence in respect of an individual:

1) bringing to the place of drawing up of a protocol on administrative infraction;

2) administrative detention of an individual;

3) bringing;

4) personal inspection and search of things being in possession of an individual;

5) search of transport vehicles, small size vessels;

6) withdrawal of documents, things and goods;

7) suspension from operation of transport vehicle or small size vessel and examination of his (her) state of alcohol, drug, substance abuse intoxication;

8) detention, bringing and prohibition to operate transport vehicle or small size vessel;

9) survey;

10) medical certification of an individual of the state of alcohol, drug or substance abuse intoxication;

11) suspension or prohibition of the activity or its separate types in order of Article 48 of this Code.

2. In respect of a legal entity, the following measures of ensuring the administrative infraction proceeding may be applied:

1) survey of premises, territories, goods located there, transport vehicles and other property belonging to a legal entity, as well as the relevant documents;

2) withdrawal of documents belonging to a legal entity;

3) arrestment or withdrawal of goods, transport vehicles and another property belonging to a legal entity;

4) suspension or prohibition of the activity or its separate types in order of Article 48 of this Code.

3. Measures of ensuring the administrative infraction proceeding may be applied before initiation of a case on administrative infraction (except for personal inspection, search of things being in possession of an individual) during proceeding of the case, as well as at the stage of execution of a decree of the case on administrative infraction.

4. Each of the measures of ensuring the administrative infraction proceeding listed in parts one and two of this Article may be applied separately or together with the other measures, if it is caused by necessity.

5. The civil servant shall bear responsibility for the damage inflicted by illegal application of the measures of ensuring the administrative infraction proceeding.

6. Application of measures of ensuring proceeding of administrative offense can be appealed in the order provided by chapter 44 of the present Code.

Upon the demand of the natural person or the representative of legal entity he is immediately handed copies of the relevant protocols and other materials necessary for ensuring protection of the rights and legitimate interests of the person to which measures of ensuring proceeding are applied.

Footnote. Article 785 with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); dated 28.10.2019 № 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 786. Conveying

1. Conveying, i.e. forced transmittal of an individual, representative of legal entity, civil servant, and in cases provided by subparagraphs 1), 3), 4), 5) and 7) of this Article, transport vehicle and other tools for commission of an infraction for the purpose of suppression of the infraction, establishment of identity of the offender, as well as drawing up of a protocol on administrative infraction or issuing restraining order upon impossibility to draw them up at the place of detection of the administrative infraction, if the drawing up of the protocol is compulsory, shall be carried out upon commission of:

1) violations of the rules of using transport means, the rules on protection of order and traffic safety, the rules oriented to preserve cargo in transport, the rules of fire security, sanitary hygienic and sanitary epidemiological rules in transport – by the authorized person to the internal affairs body (police), if he (she) does not have the documents certifying identity, and there are no witnesses that may tell necessary data about him (her), as well as if he (she) does not have necessary documents relating to transport vehicle;

2) forest violations or violations of hunting rules, fishing rules and protection of fish stocks and other violations of the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of the animal world - by employees of forestry authorities, wildlife, specially protected natural areas exercising state control and supervision, and also specialized organizations of the authorized authority and local executive authorities, officials of other authorities exercising state and departmental control over the protection, reproduction and use of wildlife, officials of specially protected natural areas, employees of internal affairs authorities (police) to the internal affairs authorities (police) or to a local government;

3) administrative infractions linked with encroachment on protected objects, the other persons’ property – by employees of paramilitary security service to the service building of the paramilitary security service or to the body of internal affairs (police);

4) violations of the mode of Frontier of the Republic of Kazakhstan, the boundary and customs modes, the mode at check points through Frontier of the Republic of Kazakhstan and customs border of the Eurasian Economic Union, malicious disobedience to the lawful order or the requirement of the serviceman of the Border service of Committee of national security of the Republic of Kazakhstan, military personnel of other troops, military formations, the employee of law-enforcement bodies (police) – the serviceman, the employee of law-enforcement bodies (police) or other natural person, the acting as on protection of Frontier of the Republic of Kazakhstan, in division, military unit, the Border service of Committee of national security of the Republic of Kazakhstan, in law-enforcement body (police), body of local management;

5) infractions in the scope of entrepreneurial activity, trade and finances, tax assessment, customs affairs – by employees of the service of economic investigations;

6) infractions encroaching on established order of management and institutions of the state power, corruption infractions – by employees of anti-corruption service;

7) infractions committed upon conduct of protective measures on safety ensuring of protected persons – by employees of the State Security Service of the Republic of Kazakhstan;

8) other administrative infractions in existence of the relevant orders of a prosecutor or request from the side of civil servants authorized to draw up protocols on administrative infractions – by employees of the internal affairs bodies (police) to the internal affairs body (police) or another state body.

2. Upon commission of infractions on a continental shelve, in territorial waters (sea) and internal waters of the Republic of Kazakhstan, the offender the identity of whom may not be established on the spot, as well as vessels and tools for commission of the administrative infraction used for carrying out illegal activity on the continental shelve, in territorial waters (sea) and internal waters of the Republic of Kazakhstan, the belonging of which may not be established upon survey, shall be subject to delivery to the port of the Republic of Kazakhstan (foreign vessels – to one of the ports of the Republic of Kazakhstan opened for entry of foreign vessels) for suppression of the infraction, as well as for establishment of the identity of the offender and belonging of detained vessels, tools for commission of the infraction and drawing up of a protocol on administrative infraction.

3. Conveying shall be carried out within a possible short term.

4. About bringing the protocol is formed or the corresponding entry in the protocol on administrative offense or administrative detention is made.

At impossibility to carry out bringing of the person in the terms provided for attraction him to administrative responsibility to the addressed body (official) goes in writing or in electronic form certified by the digital signature, the notice with the indication of the reasons for which bringing isn't made.

Footnote. Article 786 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); from 31.10.2015 № 378-V (shall be enforced from 01.01.2016); from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018); dated 28.10.2019 № 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 787. Administrative detention

Administrative detention, i.e. short-term restriction of personal freedom of an individual, representative of a legal entity, civil servant for the purpose of suppression of the infraction or ensuring the proceeding, may be carried out by:

1) law-enforcement bodies – at identification of administrative offenses, cases of which according to article 685 of the present Code are considered by law-enforcement bodies (polices), or administrative offenses on affairs on which according to the subparagraph 1) of part one of article 804 of the present Code make protocols on administrative offense;

2) commandant's office of the place where the state of emergency is declared, and by military patrols – upon violation of regime of emergency situation and actions provoking the violation of legal order in conditions of emergency situation;

3) civil servants participated in anti-terrorist operation within the established competence – upon violation of a legal regime of anti-terrorist operation or non-performance of requirements established due to declaration of anti-terrorist operation;

4) civil servants of the Frontier service of the National Security Committee of the Republic of Kazakhstan – upon detection of administrative infractions considered by them in accordance with a part three of Article 726 of this Code or administrative infractions on the cases of which the protocols on administrative infractions shall be drawn up in accordance with subparagraph 44) of part one of Article 804 of this Code;

5) senior military servant at location of protected object, employee of the internal affairs bodies, special state bodies, civil servant of paramilitary security service – upon commission of infractions linked with encroaching on the protected objects, other persons’ property;

6) authorities of forestry, wildlife, specially protected natural areas, exercising state control and supervision, as well as specialized organizations of the authorized authority and local executive authorities - when committing infractions in the field of forestry legislation of the Republic of Kazakhstan, legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of the animal world in the field of specially protected natural areas;

7) bodies of transport control – upon violation of the rules, the control of compliance of which is carried out by these bodies;

8) officials of military police – at identification of administrative offenses, cases of which according to article 727 of the present Code are considered by bodies of military police, or administrative offenses on affairs on which according to the subparagraph 4) of part one of article 804 of the present Code make protocols on administrative offense;

9) authorities of state control in the field of environmental protection and use of natural resources - in case of violation of environmental legislation;

10) civil servants of the state revenues bodies – upon commission of infractions in the scopes of entrepreneurial activity, trade and finances, tax assessment, customs cases in accordance with the jurisdiction of cases on administrative infractions;

11) it is excluded by the Law of the Republic of Kazakhstan from 4/6/2016 № 484-V (shall be enforced after ten calendar days after day of its first official publication);

12) civil servants of the state mining supervision bodies, Frontier service of the National Security Committee of the Republic of Kazakhstan, authorized body on geology and subsoil use, bodies on environmental protection and natural resources, republican body of fishing industry – upon commission of administrative infractions on a continental shelve, territorial waters (sea) and internal waters linked with violation of the license conditions regulating permitted activity on the continental shelve, territorial waters (sea) and internal waters of the Republic of Kazakhstan, violation of the rules of conducting scientific or marine scientific researches, violation of the rules of burial of wastes and other materials, non-performance of legal requirements of civil servants of the bodies of protection of continental shelve, territorial waters (sea) and internal waters of the Republic of Kazakhstan on stopping of the vessel or impeding its carrying out;

13) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015);

14) civil servants of the State Security Service of the Republic of Kazakhstan – if the infraction is committed during conduct of protective measures on safety ensuring of protected persons;

14-1) by officials of the authorized authority: in the field of veterinary medicine, on plant quarantine - in case of violation of the rules, requirements, control and supervision over compliance with which shall be carried out by these authorities; in the field of plant protection - in case of violation of the rules, requirements, control over the observance of which shall be carried out by this authority;

15) bailiffs – upon non-performance of requirements on termination of unlawful actions in a room during a court session, as well as in the course of the forced execution of enforcement documents.

Footnote. Article 787 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); from 06.04.2016 № 484-V (shall be enforced after ten calendar days after day of its first official publication); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); dated 28.10.2019 № 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 788. Procedure for administrative detention

1. Upon administrative detention, the protocol shall be drawn up. The protocol shall contain data, time (to the exact minute) and place of its drawing up, position, last name and initials of a person that drew up the protocol; details on personality of a detained person; time, place and grounds for detention. The protocol shall be signed by a civil servant that drew it up, and by a detained person. In case of refusal of the detained person to sign the protocol, the relevant record shall be made. Copy of protocol on detention shall be delivered to the person detained for commission of administrative infraction.

2. At the request of the person detained for commission of administrative offense his relatives, administration in the place of work or study, the defender and also embassy, consulate or other representative office of the foreign state in the order established by the legislation of the Republic of Kazakhstan immediately are notified on the place of his stay. About detention of the minor the notification of his parents or persons replacing them surely.

3. The military unit and bodies of military police within their competence in which the detainee undergoes military collecting (military service) immediately are notified on administrative detention of the serviceman or citizen called on military collecting.

4. The rights and obligations provided by this Code shall be explained to the detained person, whereat the relevant record shall be made in a protocol of administrative detention.

5. Failure to explain the rights and obligations of a detained person is material violation of the administrative infraction proceeding and shall entail the liability provided by the legislation of the Republic of Kazakhstan.

6. The person detained in the manner established by this Code shall be subject to immediate release upon failure of the circumstances that served as the ground for his (her) detention.

7. The persons subjected to administrative detention shall be detained in premises specially allocated for this, meeting the sanitary requirements and excluding a possibility of their willful leaving.

8. Conditions for detention of persons subjected to administrative detention, food standards and procedure for medical service of such persons shall be determined by the bodies of executive power.

9. The minor persons in respect of whom the administrative detention is applied shall be detained separately from adult persons.

Footnote. Article 788 with the changes made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 789. Terms of administrative detention

1. Administrative detention shall be carried out within a time required for achievement of the purposes mentioned in Article 785 of this Code, and may last no more than three hours.

Beginning of the term of detention is the hour to the exact minute when restriction of freedom of a detained person became real independently from attribution of any procedural status to the detained person or performance of other formal procedures. The term of administrative detention in respect of a person being in a state of alcohol intoxication – from the time of his (her) detoxication certified by a medical worker. The expiry date of this term is expiration of three hours calculated uninterruptedly from the time of factual detention.

2. The person concerning whom production for illegal penetration on the protected objects, violation of the law of the Republic of Kazakhstan in the field of population shift, violations of the mode of Frontier of the Republic of Kazakhstan, the boundary and customs modes or the mode is excited in check points through Frontier of the Republic of Kazakhstan and customs border of the Eurasian Economic Union and also about administrative offense on the continental shelf, territorial waters (sea) and internal waters of the Republic of Kazakhstan can be detained in necessary cases for identification and clarification of circumstances of offense till forty eight o'clock with the message about it in writing to the prosecutor within twenty four hours from the moment of detention. The persons which have allowed violation of the order established in connection with introduction of a curfew in the area where a state of emergency is declared can be detained by staff of bodies of internal affairs (police) or military patrols before the termination of a curfew, and those from them which have at themselves no documents, – before establishment of their personality, no more than for forty eight hours.

3. The person concerning whom proceeding of the administrative offense attracting administrative detention as one of measures of an administrative penalty is excited can be subjected to administrative detention before consideration of the case about administrative offense, but no more than twenty four hours.

Footnote. Article 789 with the changes made by laws RK from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); from 26.12.2017 № 124-VI (shall be enforced from 01.01.2018).

Article 790. Bringing

1. In cases provided by Article 785 of this Code, bringing of an individual or representative of legal entity in respect of whom the administrative infraction proceeding is conducted, legal representative of a minor person subjected to administrative liability shall be carried out.

2. The drive is made by law-enforcement bodies, anti-corruption service and service of economic investigations on the basis of definition of the judge, body (official) considering case of administrative offense in the order established respectively by the Agency of the Republic of Kazakhstan for public service and to anti-corruption, the Ministries of Internal Affairs, finance of the Republic of Kazakhstan on the cases of administrative offenses which are in production of the specified bodies.

Footnote. Article 790 with the changes made by the laws of the Republic of Kazakhstan from 18.11.2015 № 411-V (shall be enforced from 01/01/2016); from 06.04.2016 № 484-V (shall be enforced after ten calendar days after day of its first official publication); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 791. Personal inspection and search of things being in possession of an individual

1. Personal inspection is a forced checkup of human body and his (her) clothes for the purpose of detection and prevention of infarctions, discovery and withdrawal of documents, things and other subjects being a tool for commission or subject of the administrative infraction.

2. The search of things being in possession of an individual – checkup of things being in possession of an individual without violation of their structural integrity.

3. Personal inspection and examination of the things which are at the natural person are made only by authorized officials whose list is defined in article 787 of the present Code, of part one of article 98 of the Criminal and executive code of the Republic of Kazakhstan and is exhaustive. Production of the specified measures by other persons is forbidden and attracts the responsibility provided by the law.

4. Personal inspection may be carried out by the person of the same sex with inspected person and in presence of two attesting witnesses of the same sex.

5. Personal inspection and search of things being in possession of an individual may be carried out only during the administrative infraction proceeding. The ground for conduct of personal inspection and search of things being in possession of an individual is commission of administrative infraction by the person.

6. The search of things (hand-luggage, luggage, hunting and signing weapons) being in possession of an individual shall be carried out in the presence of the person in possession of which these things are, and with participation of two attesting witnesses.

7. In exceptional cases in existence of grounds to suppose that there are weapons or the other subjects in possession of an individual that may be used for infliction of harm to life and health of surrounding people, the personal inspection, search of things may be carried out without attesting witnesses with notification of a prosecutor about this within twenty four hours.

8. In the absence of a real possibility of participation of attesting witnesses in conduct of personal inspection and survey of things being in possession of an individual (in a hardly accessible location, night time, in conditions of emergency or military situation), they may be carried out without participation of attesting witnesses with compulsory application of technical means for recording its course and results.

9. In necessary cases, photo survey and cine filming, video recording shall be produced, and the other established methods for recording material evidences shall be applied.

10. Upon personal inspection, search of things being in possession of an individual, the protocol shall be drawn up. Copy of protocol on personal inspection shall be delivered to a person in respect of whom the proceeding on case is conducted, to his (her) legal representative. The protocol shall contain data, time and place of its drawing up, position, last name and initials of a person subjected to personal inspection, type, number, other identification characteristics of the things including on type, mark, model, calibre, series, number, signs of weapons, number and type of ammunition, special technical means for conduct of the special operational investigative measures of information protection.

11. Application of photo survey and cine filming, video recording, other methods of recording documents shall be recorded in a protocol of inspection. Materials received upon conduct of survey with application of photo survey and cine filming, video recording, other established methods of recording material evidences shall be enclosed to the relevant protocol.

12. Protocol of personal inspection, search of things shall be signed by a civil servant that drew it up, by a person subjected to personal inspection, by the owner of things subjected to search, by attesting persons. In case of refusal of a person subjected to personal inspection, owner of things subjected to search from signing protocol, the relevant record shall be made.

Footnote. Article 791 with the change made by the Law of the Republic of Kazakhstan from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication).

Article 792. Search of transport vehicles, small size vessels

1. The search of transport vehicles, small size vessel, i.e. inspection of a transport vehicle, small size vessel conducted without violation of their structural integrity shall be carried out for the purpose of detection and withdrawal of the tools for commission of infraction or subjects of administrative infraction.

2. The search of transport vehicles, small size vessels shall be carried out by the authorized civil servant listed in Article 787 of this Code with participation of two attesting persons.

In exceptional cases (in a hardly accessible location in the absence of proper means of communication or when there is no possibility to involve individuals as attesting witnesses in force of other objective reasons), the search of transport vehicles, small size vessels, i.e. inspection carried out without violation of a structural integrity may be conducted without participation of attesting persons, but with application of technical means for recording its course and results.

3. The grounds for performance of search of transport vehicles, small size vessels are:

1) existence of sufficient grounds to assume that there are tools for commission or subjects of administrative infraction in a transport vehicle, small size vessel;

2) operation of transport vehicle by a driver being in a state of alcohol, drug, substance abuse intoxication, if the driver maintain disobedience to legal requirements of the authorized civil servants;

3) conduct of measures on detention of sought transport vehicles, small size vessels by the authorized civil servants;

4) if there are reasonable grounds to assume that the cargo transferred in a transport vehicle, small size vessel does not conform to represented documents;

5) necessity of reconciliation of the junctions and aggregates of a transport vehicle, small size vessel with data according to represented documents;

6) detection of disorders of a transport vehicles, small size vessels in existence of which the operation is prohibited;

7) detention of a transport vehicle, prohibition of its operation.

4. The search of transport vehicles, small size vessels shall be carried out in the presence of a person possessing them, or his (her) representative or a person operating transport vehicle, small size vessel on a legal ground. In exigent cases, they may be subjected to search in the absence of mentioned persons.

5. In necessary cases, for the purpose of recording of the subjects detected during search of transport vehicles and small size vessels, their photo survey, cine filming shall be performed.

6. Upon search of transport vehicles, small size vessels, the protocol shall be drawn up. Copy of this protocol shall be delivered to a person possessing the transport vehicles, small size vessels subjected to search, or to his (her) representative or person operating transport vehicle on a legal basis.

7. The protocol of search of transport vehicles, small size vessels shall contain date and place of its drawing up, last name and initials of a person that drew up the protocol, details on personality of the owner of a transport vehicle, small size vessel subjected to search, details on type, mark, model, state registration number, other identification characteristics of transport vehicles, small size vessel.

8. Application of photo survey and cine filming, video recording, other methods of recording documents shall be recorded in a protocol of search. Materials received upon conduct of search with application of photo survey and cine filming, video recording, other established methods of recording material evidences shall be enclosed to the relevant protocol.

9. Protocol of search of transport vehicles, small size vessels shall be signed by a civil servant that drew it up, by a person in respect of whom the proceeding on case is conducted, by owner of a transport vehicle, small size vessel subjected to search, or by his (her) representative. In case of refusal of a person in respect of whom the proceeding on a case is conducted, owner of a transport vehicle, small size vessel subjected to search, his (her) representative from signing the protocol, the relevant record shall be made.

Article 793. Survey

1. Survey, that is visual inspection of the vehicle, the area, objects, the goods imported on the territory of the Republic of Kazakhstan and also moved across the territory of the Republic of Kazakhstan, documents, living persons is made for the purpose of identification of traces of administrative offense, other material objects and also the circumstances important for drawing up the protocol on administrative offense.

2. The survey may be carried out before initiation of a case on administrative infraction.

Footnote. Article 793 with the change made by the Law of the Republic of Kazakhstan from 03.12.2015 № 432-V (shall be enforced from 01.01.2016).

Article 794. General rules of carrying out of surveys

1. It is, as a rule, examined urgently when there is a need. If necessary and also upon the demand of participants of survey the protocol in which date and the place of his drawing up, a position, a surname and initials of the person which has made him, the information about the person fined, a look, quantity, other identification signs of things, the goods imported on the territory of the Republic of Kazakhstan and also moved across the territory of the Republic of Kazakhstan including about type, brand, model, caliber, a series, number, signs of weapon, quantity and a type of fighting supplies, special technical means for conducting special investigation and search operations and cryptographic means of information protection are specified is formed.

The protocol of survey shall be signed by a civil servant that drew it up, by a person subjected to survey, by owner of things subjected to survey, by attesting witnesses. In case of refusal of a person subjected to survey, owner of things subjected to survey from signing the protocol, the relevant record shall be made.

2. The survey of living persons shall be carried out by civil servants listed in Article 787 of this Code. The survey of living persons shall be carried out by a person of the same sex with surveyed person and in the presence of two attesting witnesses of the same sex.

The survey of subjects being in possession of a living person, i.e. checkup carried out without violation of their structural integrity shall be carried out by the authorized civil servants listed in Article 787 of this Code, in the presence of a person that owns or possesses these things with participation of two attesting witnesses.

In exceptional cases in existence of grounds to suppose that there are weapons or the other subjects in possession of a living person that may be used for infliction of harm to life and health of surrounding people, the survey may be carried out without attesting witnesses with notification of a prosecutor about this within twenty four hours.

3. Survey of the area, objects, the goods imported on the territory of the Republic of Kazakhstan and also moved across the territory of the Republic of Kazakhstan, documents except for specified regarding the second present article, is made with participation of witnesses. In exceptional cases (in the remote area, in the absence of appropriate intermedia or when owing to other objective reasons there is no opportunity for involvement of natural persons as witnesses) inspection can be performed without participation of witnesses, but with use at the same time of technical means of fixing of his course and results.

4. In case of necessity, the survey shall be carried out with participation of an offender, injured party, witnesses, as well as specialist.

5. The survey of detected traces and other material objects shall be carried out at the place of administrative infraction. If the survey requires additional time or survey on the spot of detection is essentially obstructed, the objects may be withdrawn and transferred to the other place accessible for survey in a packed, sealed and undamaged form.

6. All that was detected and withdrawn during survey shall be represented to attesting witnesses, other participants of survey, whereat the relevant note shall be made in the protocol.

7. Only those objects and also the goods imported on the territory of the Republic of Kazakhstan and also moved across the territory of the Republic of Kazakhstan which can be related to business are subject to withdrawal. The withdrawn objects, goods are packed, sealed up and certified by signatures of the authorized official and witnesses.

8. The persons participating in survey shall have the right to direct attention of the authorized civil servant to all that in their opinion may promote to clarify the circumstances of a case.

9. In necessary cases, the measurements shall be carried out, plans and schemes of surveyed objects shall be drawn up, as well as photography and imprinting by other means, whereat the relevant note shall be made in the protocol to which the mentioned materials shall be attached.

10. Copy of protocol of survey shall be delivered to a person in respect of whom the proceeding on a case is conducted, or to his (her) representative.

Footnote. Article 794 with the changes made by the Law of the Republic of Kazakhstan from 03.12.2015 № 432-V (shall be enforced from 01.01.2016).

Article 795. Withdrawal of things, goods and documents being in possession of an individual

Footnote. Heading of Article 795 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).

1. . Withdrawal of documents and things, the goods imported on the territory of the Republic of Kazakhstan and also moved across the territory of the Republic of Kazakhstan, which are the tool or a subject of the offenses found on the place of commission of offense or at application of the measures of ensuring proceeding of administrative offense provided by article 785 of the present Code is carried out by the officials authorized to apply the appropriate measures of ensuring proceeding with participation of two witnesses.

In exceptional cases (in the remote area, in the absence of appropriate intermedia or when owing to other objective reasons there is no opportunity for involvement of natural persons as witnesses) withdrawal of documents and things, the goods imported on the territory of the Republic of Kazakhstan and also moved across the territory of the Republic of Kazakhstan, which are the tool of the offenses found on the place of commission of offense or at application of the measures of ensuring proceeding of administrative offense provided by article 785 of the present Code it can be carried out without participation of witnesses, but with use at the same time of technical means of fixing of his course and results.

2. About withdrawal of things, the goods imported on the territory of the Republic of Kazakhstan, and documents the protocol which copy is handed to the person concerning whom proceeding is conducted, or his representative is formed, or the corresponding entry in the protocol on administrative offense is made.

3. The protocol on withdrawal of the documents, goods imported on the territory of the Republic of Kazakhstan, and things (the protocol on administrative offense) contains data on a look and requisites of the withdrawn documents, a look, quantity, other identification signs of the withdrawn things, including on type, brand, model, caliber, a series, number, other identification signs of the withdrawn weapon, quantity and a type of fighting supplies, special technical means for conducting special investigation and search operations and cryptographic means of information protection.

4. The protocol is signed by the official who has made it, the person from whom the relevant documents, goods imported on the territory of the Republic of Kazakhstan and also moved across the territory of the Republic of Kazakhstan, and a thing, witnesses are withdrawn. In case of refusal persons from which the relevant documents and things are withdrawn from signing of the protocol in him the corresponding record is made.

5. The withdrawn things, goods imported on the territory of the Republic of Kazakhstan and also moved across the territory of the Republic of Kazakhstan and documents before consideration of the case on administrative offense are stored in the places determined by the official who has made withdrawal in the order determined by the appropriate authorized public authority.

6. The withdrawn fire and other weapon and also fighting supplies, special technical means for conducting special investigation and search operations and cryptographic means of information protection are stored or destroyed in the order determined by the Ministry of Internal Affairs of the Republic of Kazakhstan.

7. After consideration of the case according to the issued decree the withdrawn documents, goods imported on the territory of the Republic of Kazakhstan and also moved across the territory of the Republic of Kazakhstan and things come back to their owner or will be confiscated, either are implemented, or are stored, or destroyed in accordance with the established procedure. On cases of administrative offenses in the field of traffic the withdrawn documents are stored before the execution accepted in the matter of the resolution.

8. The driver's license on the right of driving is subject to withdrawal only if for the administrative offense committed by the person the present Code has provided the sanction in the form of deprivation of the right of driving. In other cases the driver's license after drawing up the protocol on administrative offense immediately comes back to the right of driving to the owner.

Instead of the withdrawn driver's license to the driver the temporary certificate in the form established by authorized body is issued.

9. At failure to deliver by the driver of examination for check of knowledge of traffic regulations within two months from the date of obtaining the resolution on the direction on examination by the official who has issued the decree takes the measures provided by the legislation of the Republic of Kazakhstan in the field of traffic safety.

10. The state plate numbers of transport vehicles shall be subject to withdrawn only in the presence of two attesting witnesses and (or) owner of a transport vehicle, by this the authorized civil servant that performed withdrawal of state plate numbers shall be obliged to explain the ground for performance of withdrawal to the owner of a transport vehicle. Withdrawal of state plate numbers of transport vehicles for the purpose of recovery of imposed fine shall be prohibited.

11. Withdrawn order, medal, lapel badge to honorary title of the Republic of Kazakhstan, Kazakh SSR, USSR and other states shall be subject to return to their legal owner, and if he (she) is not known, shall be directed to the Executive office of the President of the Republic of Kazakhstan.

12. Withdrawal of things, the goods imported on the territory of the Republic of Kazakhstan and also moved across the territory of the Republic of Kazakhstan, and the documents which are at the natural person is made only in exceptional cases for achievement of the goals, provided by part one of article 785 of the present Code. Application of this measure for, not provided by the present Code, attracts the responsibility established by laws of the Republic of Kazakhstan.

Footnote. Article 795 with the changes made by laws RK from 03.12.2015 № 432-V (shall be enforced from 01.01.2016); from 22.11.2016 № 28-VІ (shall be enforced after ten calendar days after day of its first official publication); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 796. Suspension from operation of a transport vehicle, vessel, including small size vessel, and examination of the state of intoxication

1. The driver, navigator operating a transport vehicle, vessel, including small size vessel, in respect of whom there are reasonable grounds to suppose that they are in a state of intoxication, shall be subject to suspension from operation of a transport vehicle, vessel, including small size vessel and examination of the state of intoxication.

2. Suspension from operation of a transport vehicle, vessel, including small size vessel, examination and appointment to medical certification of the state of intoxication shall be carried out by employees of the internal affairs bodies, military police respectively – upon commission of infractions by a person operating a transport vehicle of the national security bodies, Armed Forces of the Republic of Kazakhstan, other forces and military formations of the Republic of Kazakhstan and bodies of transport control.

3. Referral to examination of a state of intoxication, examination of the state of intoxication and drawing up of its results shall be carried out in the manner established by the Government of the Republic of Kazakhstan. In case of disagreement of a driver, navigator with the results of examination, they shall be directed to the health care institution for medical certification.

4. Excluded 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).

5. The protocol on administrative infraction shall contain date, time, place, grounds for substitution from operation of a transport vehicle, vessel, including small size vessel for conduct of examination. Copy of protocol shall be delivered to a person in respect of whom the proceeding on a case is conducted, or to his (her) legal representative.

6. Act of examination of a state of intoxication shall be enclosed to the relevant protocol.

Footnote. Article 796 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 797. Detention, conveying and prohibition of operation of a transport vehicle, vessel, including small size vessel

1. Upon commission of violations mentioned in Articles:

1) 1) 230 (part two), 367, 368, 370, 372, 381, 382, 383, 392, 393, 394, 395, 396, 400, 403 (part two), 406 (excepf for parts seven and eight), 476 (part two), 478 (part two), 506, 510, 511, 512, 513, 514, 515, 516, 517, 571, 571-1, 572, 573, 575, 581, 582, 586, 589, 590 (parts Two, 2-1, three, four and 4-1), 597 (parts three and four), 608, 612, 613 (parts 3-1, four, five, six, nine, ten and eleven), 654 (in terms of infractions provided for by Articles 590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 606, 607, 610, 611, 612, 613) of this Code, the authorized official specified in part two of this Article shall have the right to detain, deliver and prohibit the operation of vehicles, vessels, including small boats, by delivering them for temporary storage to special sites, parking lots or sites adjacent to a stationary vehicle post control, including with the use of another vehicle (tow truck), vessel or small vessel, until the reasons for detention are eliminated;

2) 400, 403 (part two), 406 (excepf for parts seven and eight), 476 (part two), 478 (part two), 571 (parts five, six, seven and eight), 573, 575, 593 (parts two, three, four and five) of this Code, the authorized official specified in part two of this Article shall have the right to detain, deliver and prohibit the operation of vehicles owned by foreigners or foreign legal entities by delivering them for temporary storage to special sites, parking lots or sites adjacent to a stationary transport control post, including using another vehicle (tow truck), until the execution of the decision to impose an administrative sanction;

3) 334 (part second), 590 (parts the first, the fifth, the sixth, the seventh, the eighth, ninth and tenth), 597 (parts first and second), 610, 611 present Codes, the authorized official specified regarding the second present article having the right to forbid operation of vehicles by withdrawal of the state registration registration plates before elimination of the reasons of the ban on operation of the vehicle.

Bringing (evacuation) of the vehicle for his temporary storage on the special platforms, parking or platforms adjacent to a stationary post of transport control, can be also applied in cases of violation by the driver of the vehicle of rules of a stop or the parking in his absence and also to the vehicles left by drivers on the road unguarded when it isn't possible to establish their location.

2. Detention, delivery and prohibition of operation of a vehicle, a vessel, including a small vessel, shall be carried out by employees of the internal affairs authorities, the Border Service of the National Security Committee for the protection and protection of the State Border of the Republic of Kazakhstan, the military police when an administrative infraction shall be committed by the person driving the vehicle authorities of national security, the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan, transport control authorities within their powers, authorities of forestry and hunting, specially protected natural areas, state protection of wildlife (in case of violation of legislation in the field of forestry, fish, hunting economy, specially protected natural areas), officials of the authorized authority in the field of veterinary medicine, plant quarantine and plant protection, officials of state revenue authorities within their powers.

Bringing (evacuation) of the vehicle for his temporary storage on special platforms or parking can be carried out by local executive bodies.

3. Upon detention, conveying and prohibition of operation of a transport vehicle, vessel, including small size vessel, the act of due form shall be drawn up and attached to a protocol on administrative infraction.

4. Storage of detained transport vehicle, vessel, including small size vessel shall be carried out on special grounds and parking stands created under decision of the local executive bodies and that are the communal property.

Footnote. Article 797 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272 (shall be enforced from 01.01.2015); from 03.12.2015 № 432-V (shall be enforced from 01.01.2016); from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first official publication); № 166-VI dated 02.07.2018 (shall be enforced from 01.01.2019); dated 28.10.2019 № 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 03.07.2020 № 359-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 798. Survey of territories, premises, goods, other property belonging to a legal entity, as well as of relevant documents

1. The survey of territories, premises, goods, other property belonging to a legal entity, as well as of relevant documents shall be carried out by civil servants authorized to draw up the protocols on administrative infractions of legal entities in accordance with Article 804 of this Code.

2. The survey shall be carried out in presence of a representative of legal entity with participation of two attesting witnesses.

3. Upon conduct of survey, the protocol shall be drawn up. Copy of protocol shall be delivered to a representative of legal entity in respect of whom the proceeding on case is conducted.

4. Protocol of survey of territories, premises, goods, other property belonging to a legal entity, as well as the relevant documents shall contain date and place of its drawing up, position, last name and initials of a person that drew up the protocol, details on the relevant legal entity, as well as on identity of its representatives or another employee, the details on surveyed territories and premises, types, number, other identification characteristics of goods and other things, types and requisite elements of documents.

5. Application of photo survey and cine filming, video recording, other methods of recording documents shall be recorded in a protocol of survey in the course of its performance. Materials received in result of photo survey and cine filming, video recording, other established methods of recording material evidences shall be enclosed to the relevant protocol.

6. The protocol of survey of territories, premises, goods, other property belonging to a legal entity, as well as the relevant documents shall be signed by a civil servant that drew it up, by a representative or employee of legal entity in exigent cases, as well as by attesting witnesses. In case of refusal of a representative or another employee of mentioned legal entity from signing the protocol, the relevant record shall be made.

Article 799. Withdrawal of documents and property belonging to a legal entity

Withdrawal of documents, goods, other property, subjects being a tool or subject for commission of administrative infraction, belonging to a legal entity detected at the place of commission of the administrative infraction or during conduct of survey of territories, premises, transport vehicles, goods, other property belonging to a legal entity shall be carried out by the civil servants mentioned in Article 804 of this Code, as well as by the authorized civil servants having the right to draw up the protocols on administrative infractions under Articles 235, 236, 237, 416 of this Code. Drawing up of withdrawal of documents, goods, other property belonging to a legal entity, as well as their storage shall be carried out in the manner established by Article 795 of this Code.

Article 800. Arrestment of goods, transport vehicles and other property belonging to a legal entity

1. Arrestment of goods, transport vehicles and other property belonging to a legal entity that are tools or subjects for commission of administrative infraction represents inventory of the mentioned goods, transport vehicles and other property with a declaration to a representative of legal entity, in respect of whom this measure of ensuring the administrative infraction proceeding is applied, on prohibition to dispose (and use in necessary cases) of them and shall be applied in case if it is impossible to withdraw these goods, transport vehicles and other property and (or) their preservation may be ensured without withdrawal. Arrested goods, transport vehicles and other property may be transferred for safe storage of other persons assigned by a civil servant that carried out arrestment.

2. Arrestment on goods, transport vehicles and other property belonging to a legal entity shall be carried out by the authorized persons mentioned in Article 787, part one of Article 804 of this Code, in the presence of the owner of goods, transport vehicle and other property and two attesting witnesses.

In exigent cases, arrestment of goods, transport vehicles and other property may be carried out in the absence of the owner.

3. In necessary cases, photo survey and cine filming, video recording shall be applied.

4. Upon arrestment of goods, transport vehicles and other property belonging to a legal entity, the protocol shall be drawn up. Protocol of arrestment of goods, transport vehicles and other property belonging to a legal entity, shall contain date and place of its drawing up, position, last name and initials of a person that drew up the protocol, details on the legal entity in respect of which this measure of ensuring the administrative infraction proceeding is applied and on a person who possesses arrested goods, transport vehicles and other property, their inventory and identification characteristics, as well as the application of photo survey and cine filming, video recording shall be recorded. Materials received upon carrying out of arrestment with application of photo survey and cine filming, video recording shall be enclosed to the relevant protocol.

5. In necessary cases, the arrested goods, transport vehicles and other property shall be packaged and (or) sealed.

6. Copy of protocol on arrestment of goods, transport vehicles and other property belonging to a legal entity shall be delivered to a representative of legal entity in respect of whom this measure of ensuring the administrative infraction proceeding is applied.

7. Alienation or concealment of arrested goods, transport vehicles and other property belonging to a legal entity by the legal entity in respect of whom this measure of ensuring the administrative infraction proceeding is applied, or by a person carrying out storage of arrested property, shall entail the liability established by the Laws of the Republic of Kazakhstan.

Article 801. Procedure for suspension or prohibition of activity or its separate types

1. Suspension or prohibition of an activity or its certain types shall be carried out by an official authorized in accordance with Article 804 of this Code to draw up a protocol on an administrative infraction, for commission of which an administrative sanction may be applied in the form of suspension or prohibition of an activity or its certain types. The suspension or prohibition of an activity or its individual types shall be allowed for a period of not more than three days. Within the specified period, the authority (official) shall be obliged to send materials on the administrative infraction to the court, the authority (official) authorized to consider cases of administrative infractions.

2. An act shall be drawn up on suspension or prohibition of activity or its certain types, which indicates the basis for application of this measure, the date and place of its preparation, position, surname and initials of the official who drew up the act, information about the person in respect of whom the proceedings are being conducted on administrative infraction, the object of activity, subject to a temporary ban of activity, the time of the actual termination of activity, explanations of the person and other data necessary for the correct resolution of the case. In this case, the act on suspension or prohibition of the activity or its certain types shall be valid until a decision shall be made on the case.

3. The act on suspension or prohibition of activity or its separate types shall be signed by a civil servant that drew it up, by an individual or representative of legal entity the activity of which is terminated on a temporary basis. In case if the act is not signed by any of mentioned persons, the civil servant shall make the relevant record.

4. Copy of act on suspension or prohibition of activity or its separate types shall be delivered to a person whose activity if terminated on a temporary basis against receipt.

5. The civil servant that drew up the act on suspension or prohibition of activity of its separate types shall carry out stamping, sealing premises, storage places of goods and other material values, cash registers, as well as the other measures on execution shall be applied by persons mentioned in the act, event, required for temporary termination of activity.

Footnote. Article 801 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).

Chapter 41. INITIATION OF CASES ON ADMINISTRATIVE
INFRACTIONS Article 802. Reasons and grounds for initiation of a case on administrative infraction

1. The reasons for initiation of a case on administrative infraction are:

1) indirect detection of a fact of committing administrative infraction by the authorized civil servant in consideration of provisions of part three of this Article;

2) materials received from law enforcement bodies, as well as from other state bodies, bodies of local self-government;

3) reports or statements of individuals and legal entities, as well as mass media reports;

4) indications of special automated measuring means, as well as of certified special monitoring and testing technical means and observation devices, operating in automated regime and recording commission of administrative infraction in the scope of automobile transport and road traffic safety by photo survey and video recording of traffic situation, determination of speed of a transport vehicle, actions of other participants of road traffic;

5) indications of monitoring and testing equipment and (or) of radiotechnical control.

2. The ground for initiation of a case on administrative infraction is the existence of sufficient data pointing to the signs of the administrative infraction in the absence of circumstances excluding the proceeding on case provided by Article 741 of this Code.

3. The grounds for initiation of a case on administrative offence according to subparagraph 1) of part one of this Article in relation to the subject of control and supervision shall be the result of inspection carried out in the manner established by the Entrepreneurial Code of the Republic of Kazakhstan, as well as the result of preventive control and supervision to the entity (object) of control and supervision visit in cases provided by part three of Paragraph 3 of Article 137 of the Entrepreneurial Code of the Republic of Kazakhstan.

This part action shall not apply to the cases of detecting the elements of administrative offense upon carrying out control and supervision in the areas provided by Paragraphs 4 and 5 of Article 129 and Paragraphs 3 and 5 of Article 140 of the Entrepreneurial Code of the Republic of Kazakhstan, as well as for the state statistics upon carrying out preventive control without visiting respondents.

4. The case on administrative infraction shall be considered initiated from the date of drawing up of the first protocol on applying the measures of ensuring the administrative infraction proceeding provided by Article 785 of this Code, drawing up of a protocol on administrative infraction or issuance of the decree by a prosecutor on initiation of a case on administrative infraction, as well as from the date of declaring on establishment of the fact of contempt of court by a judge (court) from the side of a person attending the proceeding in the course of judicial proceeding.

In case if the administrative infraction is recorded by certified special monitoring and testing technical means and devices operating in automated regime, the case on administrative infraction shall be considered initiated from the date of direction the prescription on necessity to pay the fine in the manner provided by Article 743 of this Code, as well as upon commission of administrative infractions, the cases on which are considered by the state revenues bodies, the case on administrative infraction shall be considered initiated from the date of a proper delivery of notification (notice).

Footnote. Article 802 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); dated 29.10.2015 № 376-V (shall be enforced from 01.01.2016); dated 24.11.2015 № 419-V (shall be enforced from 01.01.2016); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); № 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.06.2024 № 95-VIII (effective sixty calendar days after the date of its first official publication).

Article 803. Protocol on administrative infraction

1. Protocol on administrative infraction shall be drawn up in a written form by the authorized civil servant, with the exception of cases provided by Article 807 of this Code. The electronic form of a protocol on administrative infraction may be used together with written form.

2. The protocol on administrative infraction shall contain:

1) date and place of its drawing up;

2) position, last name and initials of a person that drew it up;

3) details on a person in respect of whom the case is initiated (for individuals – last name, first name, patronymic (when available), date of birth, place of residence, name and requisite elements of a document certifying identity, identification number, place of work, subscriber’s number of phone, fax, cellular communication and (or) electronic mail (if they are available); for legal entities – name, location, number and date of state registration (reregistration) of a legal entity, identification number and banking details, subscriber’s number of phone, fax, cellular communication and (or) electronic mail (if they are available);

4) place, time of commission and merits of administrative infraction;

5) Article of the Special part of section 2 of this Code providing administrative liability for this infraction; last names, first names, patronymics (when available), addresses of witnesses and injured parties, if available;

6) explanation of an individual or representative of legal entity in respect of whom the case is initiated; name, number, date of metrological verification, indications of technical means, if they were used upon clarification and recording of an administrative infraction;

7) other details required for solution of a case, place, including time and place of consideration a case on administrative infraction, as well as the documents confirming the fact of committing administrative infraction shall be enclosed.

3. Upon drawing up of a protocol on administrative infraction, the language of proceeding shall be determined. The person in respect of whom the case is initiated, as well as other participants of the proceeding on case shall be explained about their rights and obligations provided by this Code, whereat the relevant note shall be made in the protocol.

Upon drawing up of a protocol on administrative infraction, the defence attorney or legal representative of a minor person in respect of whom the administrative infraction proceeding is conducted, shall be explained about their right to file a petition on transfer of the case according to court jurisdiction to the specialized district and equated to it the court for administrative infractions, and in the absence of it in a territory of the relevant administrative territorial entity – to district (city) court.

4. The protocol on administrative infraction shall be signed by a person that drew it up, and by a person (representative of the person) in respect of whom the administrative infraction proceeding is conducted, with the exception of cases provided by this Article. In existence of injured parties and witnesses, as well as in cases of participation of attesting witnesses, the protocol shall be signed by these persons.

5. In case of absence or non-appearance of a notified person in a proper manner, in respect of whom the case is initiated, the protocol on administrative infraction shall be signed by a person that drew it up, with the note on absence or non-appearance of the person in respect of whom the case is initiated.

6. In case of refusal from accepting a protocol on the case on administrative infraction against receipt by a person, in respect of whom the case on administrative infraction is initiated, the relevant record shall be made in the protocol by the person that drew it up.

7. The individual or representative of legal entity in respect of which the case is initiated shall be provided by a possibility to familiarize with a protocol on administrative infraction. The mentioned persons shall have the right to represent explanations and remarks on contain of the protocol, as well as to state the grounds of own refusal from its signing. In case of refusal of these persons from signing the protocol on administrative infraction, the relevant record shall be made. The fact of signing the protocol by a person in respect of whom the case is initiated shall bear evidence of familiarization of this person with the protocol and shall not constitute a confession of his (her) fault in commission of administrative infraction.

8. An individual or representative of a legal entity against whom a case has been initiated, as well as a victim, a copy of the protocol on administrative infraction shall be handed over against a receipt immediately after it has been drawn up, except for the cases provided by part nine of this Article.

When drawing up the protocol in electronic form, the authorized person informs the participants in the proceedings on the case of its placement on the web portal of the "electronic government" and (or) the information service of the authorized authority in the field of legal statistics and special accounting. At the request of the person (representative of the person) in respect of whom the proceedings are being conducted in the case of an administrative infraction, a copy of the protocol shall be submitted immediately by handing it on paper or sending it to the postal or e-mail address indicated by him, as well as in another way, provided by the procedure for maintaining the Unified Register of Administrative Proceedings.

9. The protocol on administrative infraction in cases of its drawing up in the absence of a person in respect of whom the case is initiated on the grounds provided by subparagraph 4) of part one of Article 802 of this Code, as well part five of this Article within two days after its drawing up shall be directed by registered mail with notification of the person in respect of whom the case is initiated, or in the form of electronic document certified by an electronic digital signature. The fact of non-return of the protocol within three days from the date of receipt by the person in respect of whom the case is initiated shall be recognized as refusal from its signing, whereat the relevant record shall be made in a copy of protocol.

Footnote. Article 803 as amended by the Law of the Republic of Kazakhstan dated 20.12.2014 № 272-V (shall be enforced from 01.01.2015); dated 31.10.2015 № 378-V (shall be enforced from 01.01.2016); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 29.06.2020 № 351-VI (shall be enforced from 01.07.2021).

Article 804. Civil servants having the right to draw up protocols on administrative infractions

1. Duly authorized executive officers shall have a right to draw protocols on administrative infractions on cases regarding administrative infractions considered by courts:

1) internal affairs bodies (Articles 73, 73-3, 80-1 (parts two, four and five), 85, 100, 127, 127-2, 128, 129, 130, 131, 133, 134, 147-1,149 , 150, 154, 156-1 (parts two and three), 160 (part two), 190 (parts two, three and four), 200, 282 (parts three and four), 381-1, 382 (parts two and three), 383 (parts three and four), 395 (part two), 398, 416 (on violations of safety requirements for civilian and service weapons and ammunition, chemical products related to the trafficking of narcotic drugs, psychotropic substances and precursors, civilian pyrotechnic substances and products using them), 423, 423-1, 427, 433 (part two), 434, 435, 436, 438 (part three), 440 (part three), 442 (part three), 443 (part two), 443-1 (part two), 444 (part one), 445 (parts one and eleven), 446, 448, 449 (parts two and three), 450 (part two), 453, 456-2 (parts three, four, five and six), 461, 462, 463, 476, 477, 478, 479, 480 (part two), 481, 482, 483,485 (part two), 488, 489 (parts two, three and four) , 490 (parts one and three), 495 (part two), 496 (parts two and three), 506, 510 (part four), 512 (part two), 513 (part two), 514 (part two), 517 (parts two, four, five, six and seven), 590 (parts 2-1, four and 4-1), 596 (part three), 603 (parts one and two), 606 (part two), 607 (part two), 608, 610, 611 (parts two and three), 612 (parts three and 4-1), 613 (parts one, three, 3-1, four, five, nine, ten and eleven), 615 (part four), 621 (part three), 654 (regarding offenses under articles 590, 591,592, 594,595,596,597,598, 599, 600, 601, 602, 603, 606, 607, 608, 610, 611, 612, ), 662, 663, 665, 667, 669, 674, 675);

2) authorized authority in the field of civil protection (Articles 299 (part two) (except for safety of embankments), 312 (part two), 314, 416 (on violation of safety requirements for machinery and equipment, chemical products in relation to fire and explosion hazard), 433 (part two), 462;

3) commandant’s headquarters of separate regions (Articles 476, 478);

4) military police bodies of the Armed Forces of the Republic of Kazakhstan on offenses committed by military personnel, those liable for military service, called up for training, and persons driving vehicles of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan, provided for in Articles 73, 154, 434, 436, 440 (part three), 444 (part one), 479, 482, 483, 488, 506, 590 (parts 2-1, four and 4-1), 596 (part three), 603 (parts one and two), 606 (part two), 607 (part two), 608, 610, 611 (parts two and three), 612 (parts three and 4-1), 613 (parts one, three, 3-1, four, five, nine , ten and eleven), 615 (part four), 621 (part three), 651 (in relation to military personnel, chairmen, deputies and members of medical, conscription, selection commissions of local military authorities, military units and institutions), 652, 667, 676, 677, in relation to commanders (chiefs) of military units (institutions) under Articles 680, 681 of this Code, with the exception of persons specified in subparagraphs 5) and 6) of this part;

5) military police bodies of the National Security Committee of the Republic of Kazakhstan on offenses committed by persons driving vehicles of special state bodies provided for by Articles 590 (parts 2-1, four and 4-1), 596 (part three), 603 (parts one and two), 606 (part two), 607 (part two), 608, 610, 611 (parts two and three), 612 (parts three and 4-1), 613 (parts one, three, 3-1, four, five, nine, ten and eleven), 615 (part four), 621 (part three) committed by military personnel of the national security bodies of the Republic of Kazakhstan under Articles 434, 652, 667, as well as in relation to other persons under Article 506, in relation to officials of military units under Articles 676, 677, 680, 681 of this Code;

6) bodies of the military police of the National Guard of the Republic of Kazakhstan on offenses committed by military personnel and conscripts called up for the conscription provided for in Articles 506, 590 (parts 2-1, four and 4-1), 596 (part three), 603 (parts one and two), 606 (part two), 607 (part two), 608, 610, 611 (parts two and three), 612 (parts three and 4-1), 613 (parts one, three, 3-1, four, five, nine, ten and eleven), 615 (part four), 621 (part three), 652, 667, 676, 677, as well as in relation to the commanders of military units under articles 680, 681 of this Code;;

7) authorized authority in the field of the use and protection of the water fund (Articles 299 (Part Two) (except for industrial safety), 360 (Part One), 462);

8) authorized authority in the field of veterinary (Article 416 (on violation of safety requirements for food products which shall be subject to veterinary control and supervision);

9) authorized bodies in the field of forestry, protection, reproduction and use of wildlife, protection, defense, restoration and use of flora, specially protected natural territories (articles 160 (part two), 381-1 (parts two and three), 382 (parts two, three), 383 (part three and four), 385 (part two), 389, 392 (part three), 395 (part two), 396 (part two), 398, 462, 463);

10) the authorized body in the field of environemtal protection (Article 139 (part two), 327-2 (part two), 328 (parts three and four), 331 (part four), 344 (part one), 416 (on violation of safety requirements to chemical products), 462);

11) public oversight authorities in the field of exploration (Articles 416, 462);

12) authorized authority in the field of culture (Article 145);

13) authorized authority in the field of tourism activities (Articles 462, 463, 465);

14) authorized authority in the field of gaming industry (Articles 214, 444 (Part One), 445, 462);

14-1) authorized authority in the field of lottery and lottery activities (Articles 214, 445-1);

15) authorities on quarantine and plant protection (Articles 400 (part two), 415 (part two) (on violation of the requirements of technical regulations in the field of circulation of pesticides), 416 (on violation of the requirements of technical regulations in the field of circulation of pesticides), 462);

16) authorities in the field of seed industry and grain market regulation (Article 462);

17) authorized authority in the field of biofuel production (Article 169 (parts two, seven, thirteen (with regard to biofuel production);

18) authorized authority in the field of circulation of biofuel (Article 169 (parts ten, eleven, twelve, thirteen (with regard to circulation of biofuel), fourteen);

19) authorized authority in the field of livestock breeding (Articles 407 (parts two and three), 462, 463);

20) authorized authority in the field of agriculture (Article 416 (on violation of safety requirements for machinery and equipment, chemical products);

21) authorities of state architectural and construction control and supervision (Articles 312 (part two), 313, 314, 316 (part two), 317 (part four), 317-1 (part two), 317-2 (part two), 319, 462, 463);

22) the state body in the field of sanitary and epidemiological welfare of the population (Article 193 (parts two and three), 282 (parts three and four), 312 (part two), 314, 416 (on violations of safety requirements for food products, toys, chemical products), 425 (part two), 426 (parts two and three), 430 (part two), 433 (part two), 462, 463, 476);

23) the authorized body in the field of informatization and communications (articles 134,214 (when these violations are committed by persons engaged in the issuance of digital assets, the organization of selling them, as well as the provision of services for the exchange of digital assets for money, valuables and other property), 416 (for violations of security requirements for communications), 462, 463, 637 (parts eight, nine, ten and thirteen), 638 (part two);

23-1) authorized authority in the field of maintenance of information security (Articles 462, 463);

24) authorized authority in the field of civil aviation (Articles 462, 563 (part two), 564 (part five), 569 (parts one, two and four);

25) authorized authority in the field of transport and communication (Articles 416 (on violation of safety requirements for machinery and equipment, chemical products), 462, 463;

26) transport control bodies (articles 462, 463, 613 (parts one, three, 3-1), 618);

27) authorities of the Ministry of Finance of the Republic of Kazakhstan (Articles 214 (when such infractions shall be committed by auditors, audit companies), 245, 246, 247 (parts 7-1, nine and eleven), 462);

27-1) \ the authorized body carrying out financial monitoring (articles 214 (parts one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve and thirteen) (when these violations are committed by legal consultants, independent legal experts, individual entrepreneurs and legal entities carrying out leasing activity as a lessor without a license, providing intermediary services in the implementation of real estate purchase and sale transactions, transactions with precious metals and precious stones, jewelry made from them, accounting organizations and professional accountants engaged in business activities in the field of accounting), 214-1, 462, 463 (when these violations are committed by legal consultants, independent legal experts, individual entrepreneurs and legal entities engaged in leasing activities as a lessor without a license, providing intermediary services in the implementation of real estate purchase and sale transactions, carrying out operations with precious metals and precious stones, jewelry made from them);

28) excluded by the Law of the Republic of Kazakhstan dated 12.11.2015 № 393-V (shall be enforced upon expiry of ten calendar days after the day of its first official publication);

29) authorities of state control over production and circulation of excisable products (Articles 281 (parts four, five and six), 282 (parts three, four, six, seven, eleven and thirteen), 283, 463);

30) the authorized body for combating corruption (Article 154, 173, 658, 659, 660, 661, 662, 665, 667, 676, 677, 678, 679, 680, 681);

31) state revenue authorities (Articles 150, 151 (part two), 154, 158, 174 (part two), 176, 176-1, 182, 246 (parts five and six), 251, 281 (parts four, five and six), 282 (parts three, four, six, seven, eleven and thirteen), 283, 283-1, 357, 398, 462, 463, 489 (parts five, six, seven and eight), 528 (part 1-1), 532 (part two), 543 (parts 1-1, three and four), 544, 545, 548 (part two), 549, 550, 552 (part two), 590 (part four), 654, 679, as well as on administrative infractions committed at automobile border-crossing points across the State Border of the Republic of Kazakhstan stipulated by Article 425 (part two);

32) authorized authority in the field of industrial safety (Articles 416 (on violation of safety requirements for machinery and equipment, chemical products with regard to fire and explosion hazard), 462);

33) justice authorities (Articles 158, 214, 462, 668, 668-1);

34) authorities which are licensers or those authorized to issue permits of the second category in accordance with the laws of the Republic of Kazakhstan (Articles 312 (part two), 313, 314, 316 (part two), 319, 392 (part three), 462, 463, 465, 621 (part three);

35) authorized authority exercising management in the field of natural monopolies (Articles 171 (parts one and three (upon excess of the limit price for retail trade of oil products), 462);

36) authorized authority on entrepreneurship (Articles 175, 175-1, 462, 465);

37) authorities in the field of technical regulation and measurement assurance and territorial authorities thereof (Articles 415 (part two), 415-1 (part two), 417 (parts one and six), 419 (part two), 462, 463);

38) authorities on state energy supervision and control (Articles 462, 463);

39) authorized authority in the field of regulation of industrial policy (Article 416 (on violation of safety requirements for machinery and equipment, chemical products, toys);

40) authorized authority in the field of regulation of business activity (Articles 214, 462);

41) authorized state authority in the field of state registration of legal entities, vital records (Articles 462, 463);

42) authorized authority in the field carbohydrates (Articles 170 (parts seven, ten, and twelve), 171 (parts two and three (upon excess of limit price of retail trade of commercial or liquid petroleum gas), 356 (part fourteen), 462 (part three), 463);

42-1) authorized authority in the field of solid commercial mineral (Article 462 (part three);

42-2) authorized authority in the field production of uranium (Article 462 (part three);

43) authorized authority in the field of nuclear energy use (Articles 416 (on violation of safety requirements for machinery and equipment established by technical regulations on nuclear and radiation safety), 462, 463);

44) The Border Service of the National Security Committee of the Republic of Kazakhstan (Articles 382 (parts two and three), 383 (parts three and four), 395 (part two), 396 (part two), 506, 510 (part four), 512 (part two), 513 (part two), 514 (part two), 516, 517 (parts two, four, six and seven);

45) national security authorities (Articles 453 (parts two and three) (for commitment of infractions related to state secrets), 462, 477, 667);

46) State Guard Service of the Republic of Kazakhstan when taking guard actions (Articles 149, 425 (part two), 436, 477, 479, 482, 488, 506, 606 (part two), 652 (parts one, two, three, four and six) on administrative infractions committed by military servants of the State Guard Service of the Republic of Kazakhstan), 667);

47) the Supreme Audit Chamber of the Republic of Kazakhstan and the audit commissions of regions, cities of republican significance, the capital (Articles 234-1 and 462);

48) state labor inspection authorities (Article 462);

49) the authorized body in the field of education (Articles 127, 127-1, 127-2, 134, 409 (parts 7-1 and 7-8), 462, 463);

50) local executive authorities of regions, cities of republican status, the capital city, districts, cities of regional status (Articles 134, 145, 156-1, 294 (parts one and two), 320 (parts one, two and three), 381-1, 382 (parts two and three), 383 (parts three and four), 401 (parts six and seven), 402 (part four), 453, 462, 463, 489-1, 490);

50-1) authorized authority in the field of interaction with nongovernmental organizations (Article 489-1);

51) anti-monopoly authority (articles 159 (parts one, two, three, 3-1 and four), 160 (part two);

52) the state body in the field of medical services (assistance) (Article 80 (parts 2-2 and four), 81 (part two), 82 (part two), 127-1, 424 (parts three and five), 424-1 (for violation of the procedure of applying new methods and means of prevention, diagnostics, treatment and medical rehabilitation), 433 (part two), 462, 463);

53) authority in the field of circulation of pharmaceutical and medical products (Articles 426 (parts two, three and four), 462 и 463);

54) excluded 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);

55) authorized state authority in the field of religious activities (Article 490 (parts two, six and eight (when such infractions shall be committed by executive officers of central government authorities);

56) state legal executives (Articles 665, 667, 669 (part one), 673);

57) officers of justice and other employees of courts authorized by a president of court or a person presiding over a court session (Articles 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 673);

58) persons authorized by akims of regions (cities or republican status, the capital city) (Article 656);

59) authorized authority in the field of postal communication (Articles 214, 462);

60) the authorized body for civil service affairs (Article 99, 154, 173, 462 (parts three and four), 465, 661, 681);

61) penal institutions or pretrial detention centers (Article 481);

62) the authorized body in mass media (Articles 134 (except for items of erotic content), 156-1 (parts one and three), 451 (parts one, two, three, eight and nine), 462, 463);

63) bodies exercising state control over the use and protection of land (article 462);

64) the authorized body in the field of consumer protection and its territorial bodies (Article 193 (part three), 462);

65) the authorized body in the field of protection of children’s rights (Articles 127, 127-1, 127-2,135);

66) social welfare authorities of the Republic of Kazakhstan (Articles 127-1, 462);

67) authority exercising state control in the field of conservation of energy and improvement of energy efficiency (Articles 462, 463);

68) economic investigation services (Articles 658, 659, 660, 661, 662, 665, 667);

69) the Office of the Constitutional Court of the Republic of Kazakhstan (Article 653 -1).

2. Authorized employees of the National Bank of the Republic of Kazakhstan shall also have right to draft protocols on the cases of administrative infractions, considered by the courts, (Article 214 (parts one, two, three, four, five, six, seven, eight, nine, ten, eleven and twelve (in relation to legal entities operating exclusively through exchange offices on the basis of a license from the National Bank of the Republic of Kazakhstan for exchange operations with foreign currency in cash, and legal entities whose exclusive activity is the collection of banknotes, coins and valuables, payment organizations), 462, 463).

2-1. Authorized employees of the authorized body for regulation, control and supervision of the financial market and financial organizations shall also have right to draft protocols on cases of administrative infractions, considered by the courts (Article 214 (parts one, two, three, four, five, six, seven, eight, nine, ten, eleven and twelve (in relation to the National Postal Operator, organizations engaged in microfinance activities, and financial organizations (with the exception of legal entities operating exclusively through exchange offices on the basis of a license from the National Bank of the Republic of Kazakhstan for exchange operations with foreign currency in cash, and legal entities, whose exclusive activity is the collection of banknotes, coins and valuables, payment organizations), 245, 462, 463).

3. A right to draw protocols on infractions on cases on administrative offenses consideration whereof is placed under the jurisdiction of bodies specified in Articles 685 – 735 of this Code have duly authorized executive officers of such authorities. In addition, a right to draw protocols on administrative officers have:

1) executive officers of an authorized authority in the field of transport and communications (Articles 230 (part two) (when such offenses are committed by passenger carriers), 581 (part two), 582, 583 (part three), 586, 621 (part four), 622 (part one), 623, 625 (for commitment of infractions with the use of motor transport and urban rail transport);

2) officials of specialized organizations of authorized bodies in the field of forestry, protection, reproduction and use of wildlife and protection, defense, restoration and use of flora (articles 138, 142, 143, 337 (parts one and two), 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 380-1,381, 382, 383, 385 ( part one), 394 (parts one and two), 395 (part one), 396 (part one);

3) huntsmen, directors of hunting entities and fish farms responsible for matters of wildlife conservation (Articles 382, 383 (parts one, two, three and four);

4) executive officers of the State Guard Service of the Republic of Kazakhstan during guard actions (Articles 297, 485, 504, 614, 675);

5) executive officers of bodies of military police of the Armed Forces of the Republic of Kazakhstan in relation to military servants and employees of the Armed Forces of the Republic of Kazakhstan (Articles 437, 440 (parts one and two), 441, 444 (part two), 484, 485).

Footnote. Article 804 as amended by the Laws of the Republic of Kazakhstan dated 07.11.2014 № 248-V (shall be enforced from 01.01.2015); dated 29.12.2014 № 269-V (shall be enforced from 01.01.2015); dated 29.12.2014 № 272-V (the order of enforcement see Article 2); dated 10.01.2015 № 275-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 24.04.2015 № 310-V (shall be enforced upon expiry of twenty one calendar days after the date of its first official publication); dated 05.05.2015 № 312-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 02.08.2015 № 343-V (shall be enforced upon expiry of six months after its first official publication); dated 28.10.2015 № 366-V (shall be enforced upon expiry of three months after its first official publication); dated 29.10.2015 № 376-V (shall be enforced from 01.01.2016); dated 31.10.2015 № 378-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.11.2015 № 393-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 18.11.2015 № 411-V (shall be enforced from 01.01.2016); dated 24.11.2015 № 419-V (shall be enforced from 01.01.2016); dated 27.11.2015 № 424-V (shall be enforced upon expiry of six months after its first official publication); dated 02.12.2015 № 429-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.12.2015 № 432-V (shall be enforced from 01.01.2017); dated 29.03.2016 № 479-V (shall be enforced upon expiry of twenty one calendar days after its first official publication); dated 06.04.2016 № 484-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.04.2016 № 487-V (shall be enforced upon expiry of six months after its first official publication); dated 09.04.2016 № 496-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 09.04.2016 № 501-V (shall be enforced from 01.01.2017); dated 21.04.2016 № 504-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.04.2016 № 506-V (shall be enforced upon expiry of sixty calendar days after its first official publication); dated 26.07.2016 № 12-VІ (shall be enforced upon expiry of two months after its first official publication); dated 22.12.2016 № 28-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2016 № 34-VI (shall be enforced from 01.01.2017); от 30.12.2016 № 41-VІ (shall be enforced from 01.01.2021); dated 10.05.2017 № 64-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.12.2017 № 122-VI (shall be enforced from 01.01.2018); dated 26.12.2017 № 124-VI (shall be enforced from 01.01.2018); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 № 128-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 134-VI dated 10.01.2018 (shall be enforced upon expiry of six months after its first official publication); № 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); № 170-VІ dated 02.07.2018 (shall be enforced upon expiry of six months after its first official publication); dated 04.07.2018 № 173-VI (shall be enforced from 01.01.2021); № 184-VI dated 05.10.2018 (shall be enforced upon expiry of six months after its first official publication); № 210-VI dated 28.12.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); № 211-VI dated 28.12.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); № 240-VI dated 01.04.2019 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.04.2019 № 241-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 03.07.2019 № 262-VІ (shall be enforced from 01.01.2020); dated 28.10.2019 № 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 26.12.2019 № 284-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 26.12.2019 № 289-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 27.12.2019 № 290-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 27.12.2019 № 292-VІ (for procedures of enforcement, see Article 2); dated 27.12.2019 № 294-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 13.05.2020 № 325-VІ (shall be enforced upon expiry of six calendar days after the date of its first official publication); dated 25.06.2020 № 346-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 26.06.2020 № 349-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 03.07.2020 № 357-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 03.07.2020 № 359-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 02.01.2021 № 403-VI (shall be enforced from 01.07.2021); dated 05.01.2021 № 409-VI (shall be enforced from 01.01.2022); dated 20.03.2021 № 21-VII (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 29.12.2021 № 92-VII (shall be enforced six months after the day of its first official publication); dated 01.07.2022 № 132-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 05.11.2022 № 158-VII (see Article 2 for the procedure for entry into force); dated 30.12.2022 № 180-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 03.01.2023 № 187-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 15.03.2023 № 208-VII (shall be enforced ten calendar days after the date of its first official publication); dated 10.07.2023 № 20-VIII (effective sixty calendar days after the date of its first official publication); dated 12.07.2023 № 24-VIII (effective from 01.01.2024); dated 15.04.2024 № 73-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication); dated 19.06.2024 № 95-VIII (effective sixty calendar days after the date of its first official publication).

Article 805. Initiation of the administrative infraction proceeding by a prosecutor

1. The prosecutor shall issue a decree on initiation of the cases on administrative infractions provided by Articles 74, 75, 76, 77, 78, 79, 81, 82, 82-1, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 129, 130, 173, 214, 361, 362, 363, 439, 451, 453, 455, 456, 456-1, 456-2 (parts one and two), 457, 465, 490, 498, 507, 508, 653, 660, 664-1, 666, 675, 680 of this Code.

2. The prosecutor shall have the right to issue a decree on initiation of the case and on other administrative infraction.

3. Decree of a prosecutor on initiation of the administrative infraction proceeding shall contain details provided by Article 803 of this Code.

Footnote. Article 805 as amended by the Laws of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); dated 19.05.2015 № 315-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 16.11.2015 № 404-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.06.2020 № 351-VI (shall be enforced from 01.07.2021); dated 02.07.2021 № 63-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 10.07.2023 № 20-VIII (effective sixty calendar days after the date of its first official publication); dated 19.06.2024 № 95-VIII (effective sixty calendar days after the date of its first official publication).

Article 806. Terms for drawing up a protocol on administrative infraction

1. The protocol on administrative infraction shall be drawn up immediately after detection of the fact of commission of administrative infraction.

2. Upon detection of administrative infraction in the course of inspection conducted in the manner established by the Entrepreneurship Code of the Republic of Kazakhstan, the protocol on administrative infraction shall be drawn up immediately after completion of the relevant inspection.

3. In cases of detection of administrative infraction upon carrying out monopolistic activity, unfair competition, as well as anticompetitive actions (inaction) of the state and local executive bodies, institutions, with mandates of the state regulation functions of market players activity prohibited by the Entrepreneurship Code of the Republic of Kazakhstan, the protocol shall be drawn up immediately after adoption of the relevant decision on results of investigation.

4. In cases of detection of administrative infractions in the field of tax assessment or use of budget funds in the scope of technical regulation and ensuring the uniformity of measurements, the protocol shall be drawn up immediately after completion of the relevant inspection.

5. In case of failure to pay a fine in the manner determined by Article 897 of this Code, the protocol shall be drawn up within a day upon expiration of the term established by mentioned Article of this Code.

6. In cases when additional clarification of circumstances of administrative offence, identity of an individual or information on legal entity and identity of a representative of legal entity shall be required, in respect of which the case shall be initiated, the protocol on administrative offence shall be drawn up within three days from the date of establishment of mentioned circumstances, and on administrative offences provided by Articles 210, 213 (parts four, eight and nine), 217, 218, 220, 222, 227 (parts one, two, three and four), 228 (parts five and twelve), 239 (parts three and four), 243, 244, 251, 252, 464 (part one), 571, 572, 573, 575, 593 (part one) of this Code, as well as upon transfer of materials on administrative offences to the territorial branches within ten days from the date of detection of offence or a person that committed it.

7. In case when carrying out examination is required, investigation by specialist, the protocol on administrative infraction shall be drawn up within two days from the date of receipt of opinion of the examination and (or) specialist.

8. In cases when on administrative infractions provided for by Articles 139, 326 (part three), 327-2 (part two), 328 (part four), 331 (part four), 337 (part four), 344 (parts one and two) of this Code, the establishment of the fact of causing environmental damage, the amount of damage caused as a result of violation of the state ownership of subsoil, or the amount of economic benefit received as a result of violation of the requirements of environmental legislation of the Republic of Kazakhstan is required, the protocol on administrative infraction shall be drawn up within a day from the moment of establishing the fact of causing environmental damage, the amount of damage caused as a result of violation of state ownership of the subsoil, or, accordingly, the amount of economic benefit received as a result of violation of the requirements of environmental legislation of the Republic of Kazakhstan.

9. In cases when the requirements mentioned in a part six of this Article may not be executed by the reason of failure to establish an individual, the protocol on administrative infraction shall be drawn up on the fact of commission of administrative infraction within the terms established by this Article.

Footnote. Article 806 as amended by the laws of the Republic of Kazakhstan dated 29.10.2015 № 376-V (shall be enforced from 01.01.2016); dated 28.12.2016 № 34-VI (shall be enforced from 01.01.2017); dated 06.05.2017 № 63-VI (shall be enforced upon expiry of twenty one calendar days after its first official publication); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); № 168-VІ dated 02.07.2018 (order of enforcement see Article 2); dated 02.01.2021 № 403-VI (shall be enforced from 01.07.2021).

Article 807. Cases when the protocol on administrative infraction shall not be drawn up

1. The protocol on administrative infraction shall not be drawn up:

1) in cases of commission of an administrative infraction that entails imposition of administrative sanction in the form of notification, if the person admitted the fact of commission of the administrative infraction;

2) if the administrative infraction is recorded by certified special control monitoring and testing technical means and devices operating in automated regime, the fine shall be drawn up in the form of prescription on necessity to pay the fine;

3) upon commission of administrative infractions the cases on which shall be considered by the state revenues bodies in case if the person admitted the fact of commission of an administrative infraction and agreed with imposition of a sanction, as well as paid a fine in accordance with Article 897 of this Code;

4) upon address of individuals with application on restoration of violated rights, the cases on administrative infractions provided by Articles 74, 75, 76, 78, 81, 82, 82-1, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 92-1,93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 128, 130, 132, 456-1 и 456-2 (parts one and two) of this Code shall be considered by a court without drawing up of a protocol on infraction;

5) if the administrative infraction proceeding is initiated by a decree of a prosecutor and upon establishment of the fact of contempt of court directly in the course of consideration by court in cases provided by a part three of Article 684 of this Code.

2. Recovery in the form of notification shall be drawn up by the authorized civil servant at the place of commission of administrative infraction, with the exception of the infraction in the field of finance and trade.

The person that committed administrative infraction shall confirm own agreement with imposed sanction by signing of the second copy of the decree on issuance of notification.

Footnote. Article 807 as amended by the Laws of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); dated 19.05.2015 № 315-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 16.11.2015 № 404-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.11.2015 № 406-V (shall be enforced from 01.07.2017); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2023 № 20-VIII (effective sixty calendar days after the date of its first official publication).

Article 808 – Sending of a protocol (order of a public prosecutor) for consideration of case

A protocol, and in cases provided by part nine, Article 803 of this Code a copy of protocol (order of a public prosecutor) on administrative offense within three days after it has been drawn shall be sent for consideration at the court, authority (executive office), authorized to consider cases on administrative infraction.

When it is impossible to identify a person who committed administrative infraction, protocol on administrative infraction shall be sent within three days to the court, a authority (executive officer) authorized to consider cases on administrative infractions after identification of a person who committed the administrative infraction.

A protocol, and in cases provided by part nine, Article 803 of this Code a copy of a protocol (order of a public prosecutor) on administrative infraction, liability for commitment whereof may result in application of administrative arrest, administrative deportation of a foreign citizen or a person without citizenship out of the Republic of Kazakhstan, shall be sent immediately after it has been drawn.

In cases provided by part three, Article 811 of this Code, a protocol (order of a public prosecutor) on administrative infraction shall be sent within three days for consideration at the court, an authority (executive officer) authorized to consider cases on administrative infraction after expiration of the term specified in part one, Article 811 of this Code.

A protocol (order of a public prosecutor) on administrative infraction may be sent to a judge, authority (executive officer) authorized to consider cases on administrative infractions in written or in the form of an electronic document certified by electronic digital signature.

Footnote. Article 808 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 809. Termination of the administrative infraction proceeding before transfer of a case for consideration

In existence of at least one of the circumstances provided by Articles 741 and 742 of this Code, the civil servant the proceeding of which includes a case, shall issue a decree on termination of the administrative infraction proceeding.

Chapter 42. CURTAILED ADMINISTRATIVE INFRACTION PROCEEDING Article 810. Grounds for curtailed administrative infraction proceeding

1. Curtailed administrative infraction proceeding shall be carried out on cases on administrative infraction, including the cases, the consideration of which is related to jurisdiction, for which the administrative sanction in the form of fine is provided according to the item of part one of Article 44, the individual that committed it is established admitting his (her) guilt and that is agreed with paying the fine in amount of fifty percent of stated sanction of the Article of special part of this Code and not appeal the submitted evidences.

2. Curtailed administrative infraction proceeding shall not be applied in the cases:

1) when the sanction of Article provides the other types of sanction, with the exception of the prevention;

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

3) commission of an infraction by persons having privileges and immunity;

4) commission of administrative infractions the cases on which are considered by the state revenues bodies;

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

6) commitment of administrative infraction cases whereon shall be considered by the National Bank of the Republic of Kazakhstan and an authorized authority for regulation, control and supervision of the financial market and financial organizations, as well as in case of drawing by authorized officers of the National Bank of the Republic of Kazakhstan and authorized authority for regulation, control and supervision over financial market and financial organizations of protocols on administrative infractions on articles specified in parts two and 2-1, Article 804 of this Code.

Footnote. Article 810 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2019 № 217-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2019 № 262-VІ (shall be enforced from 01.01.2020).

Article 811. Procedure for curtailed administrative infraction proceeding

1. In case of identification of an administrative infraction and identification of a person who committed it, an authorized person specified in Articles 804 or 805 of this Code shall initiate administrative proceedings, explain such person a right to pay penalty at the amount of fifty per cent of penalty amount specified in sanction of Article of Special Part of this Code within seven days and, where necessary, serve a pay receipt as per standard form.

If the administrative infraction is recorded by certified special monitoring testing technical means and devices operating in automated regime, the person shall have the right to pay a fine in amount of fifty percent of stated sum of the fine within seven days from the date of the proper delivery of the prescription on necessity to pay a fine, with a receipt of the established sample.

2. In case of payment a fine in amount of fifty percent of stated sum of the fine within seven days, the case is considered in essence, decision entered into force, and a person committed on administrative liability.

The cases shall not be subject to review that considered on rules of this Chapter, with the exception of cases provided by Chapter 47 of this Code.

3. In case failure to use or improper use of the right provided by a part one of this Article, the administrative infraction proceeding shall be carried out according to the standard procedure.

Footnote. Article 811 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Chapter 43. CONSIDERATION OF CASES ON ADMINISTRATIVE INFRACTIONS BY AUTHORIZED BODY (CIVIL SERVANTS)

Footnote. Title of Chapter 43 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 812. Place of consideration of a case on administrative infraction

1. The case on administrative infraction shall be considered at the place of its commission, and in the cases provided by this Code – at location of a authorized body (civil servant) the jurisdiction of which includes consideration of the case on administrative infraction. Upon petition of a person in respect of whom the administrative infraction proceeding is conducted, the case may be considered at the place of residence of this person or at the place of registration of transport vehicles, vessels including small size vessels.

2. Cases on administrative infraction stipulated by Articles 333, 334, 571, 572, 590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 606, 607, 608, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624-1, 625, 626, 627, 628, 630, 631 and 632 of this Code may be also considered at place of registration of vehicles, ships, including small ships, or at place of residence of a person in relation to whom proceedings on a case on administrative infraction shall be administered.

3. The cases on administrative infractions provided by Articles 378, 379, 382, 383, 440 and 481 of this Code shall be considered at the place of their commission or at the place of residence of a person in respect of whom the administrative infraction proceeding is conducted.

4. The cases on administrative infractions of minor persons, their parents or persons substituting them shall be considered at the place of residence of a person in respect of whom the administrative infraction proceeding is conducted.

Footnote. Article 812 as amended by the laws of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.12.2019 № 295-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 813. Preparation for consideration of a case on administrative infraction

1. The body (civil servant) upon preparation for consideration of a case on administrative infraction shall clarify the following issues:

1) if the consideration of this case is related to their competence;

2) are there the circumstances excluding the possibility of considering this case by a civil servant;

3) are there petitions, including on cases with participation of a minor person on consideration of a case in court at the place of residence of the minor person and challenges;

4) if the persons mentioned in Articles 744, 745, 746, 747 and 748 of this Code notified on place and time for consideration of a case.

2. Is excluded by the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
Footnote. Article 813 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 814. Circumstances excluding a possibility of considering the case on administrative infraction by a civil servant

The civil servant for consideration of whom the case on administrative infraction is transferred, may not consider this case in cases if this person:

1) is a relative of the person bringing to liability, or of injured party, their representatives, defence attorney;

2) is interested in solution of a case in person, directly or indirectly.

Footnote. Article 814 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 815. Recusation and challenge of a civil servant

Footnote. Title of Article 815 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

1. In existence of circumstances provided by Article 814 of this Code, the civil servant shall be obliged to apply on recusation.

2. In existence of circumstances provided by Article 814 of this Code, the person in respect of whom the proceeding on case is conducted, injured party, legal representatives of an individual and representatives of legal entity, defence attorney, prosecutor shall have the right to challenge civil servant.

3. Applications of recusation, challenge shall be filed to a chairman of civil servant.

4. Applications on recusation, challenge shall be considered by a chairman of civil servant within a day from the date of receipt.

5. Following the results of consideration of applications on recusation, challenge, the ruling on satisfying the applications or on refusal from their satisfaction shall be issued.

Footnote. Article 815 as amended by the laws of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 816. Decision of a body (civil servant), adopted upon preparation to consideration of a case on administrative infraction

Footnote. Title of Article 816 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

1. The body (civil servant) upon preparation to consideration of a case on administrative infraction, shall adopt the relevant decision:

1) on appointment of time and place for consideration of a case;

2) on calling of persons, demand of necessary additional case materials, on assignment of examination in case of necessity;

3) on postponement of consideration of a case;

4) on transfer of a protocol on administrative infraction and other case materials for consideration according to jurisdiction, if the consideration of this case does not relate to its competence or the ruling on challenge of a judge, civil servant is issued;

5) on transfer of a case for consideration in essence in accordance with Article 812 of this Code.

2. Decisions provided by a part one of this Article shall be issued in the form of ruling.

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

4. Upon establishment that there are two and more cases initiated in respect of one and the same person, the body (civil servant) authorized to consider the cases on administrative infractions shall have the right to consolidate these cases in one proceeding for joint consideration.

5. Upon preparation to repeated consideration of a case on administrative infraction due to non-appearance of a person bringing to liability, his (her) representative, witness without reasonable excuses in cases provided by a part four of Article 744, part six of Article 746 and part five of Article 754 of this Code, the body (civil servant) considering the case shall have the right to issue a ruling on bringing of mentioned persons.

Footnote. Article 816 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 817. Terms for consideration of cases on administrative infractions

1. The cases on administrative infractions shall be considered within fifteen days from the date of receipt of a protocol on administrative infraction and other case materials by a body (civil servant) legally competent to consider a case.

In case when the administrative infraction is recorded by certified special control monitoring and testing technical means and devices operating in automated regime, the case shall be considered upon expiry of fifteen days from the date of the proper delivery of the prescription on necessity to pay a fine, with exception cases considered in essence in the manner of curtailed proceeding.

2. In case of receipt of petitions from participants of the proceeding on a case on administrative infraction or upon necessity of additional clarification of the circumstances of a case, the term for consideration of the case may be extended by a body (civil servant) considering the case, but no more than one month. The reasoned ruling shall be issued on extension of a term.

3. In respect of a person subjected to administrative detention, a case on administrative infraction shall be considered no later than twenty four hours from the date of its detention.

4. If the person in respect of whom the case on administrative infraction is initiated, appeals the results of inspection and other circumstances on the basis of which the civil servant initiated the case on administrative infraction, the term for consideration of the case shall be extended by a body (civil servant) considering the case on administrative infraction, until issuance and entering of the relevant court decision into legal force or expiration of the term for appealing the decision of the body (civil servant) considering a complaint of the person in respect of whom the case on administrative infraction is initiated.

Footnote. Article 817 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 818. Procedure for consideration of cases on administrative infractions

1. Upon beginning of consideration of a case on administrative infractions, the body (civil servant) shall:

1) declare who considers a case, which case is subject to consideration, who and on the basis of which Article of this Code is brought to liability;

2) be satisfied in appearance of an individual or representative of legal entity bringing to administrative liability, as well as other persons participating in consideration of a case;

3) establish identity of participants of the proceeding on a case and check the powers of legal representatives of an individual or representatives of legal entity, defence attorney;

4) clarify the reasons of non-appearance of participants of the proceeding on a case and adopt decision on consideration of a case in the absence of mentioned persons or on postponement of consideration of the case;

5) issue a ruling in necessary cases on bringing of a person the participation of which is compulsory during consideration of a case, shall appoint an interpreter;

6) explain the rights and obligations to the persons participating in consideration of a case, provided by this Code, including the right to receive a gratuitous legal assistance on account of the funds of state budget;

7) determine the language of proceeding, shall explain the right to make statements, to give explanations and testimony, to present petitions, to deliver complaints, to familiarize with case materials, to speak during its consideration in native or other language that is known by the person in respect of whom the proceeding is conducted, to enjoy the services of an interpreter on a free basis;

8) permit the challenges and filed petitions;

9) announce a protocol on administrative infraction, and in case of necessity – other case materials;

10) hear explanations of a person in respect of whom the proceeding on a case is conducted, testimony of other persons participating in the proceeding, clarifications of a specialist and opinion of an expert, shall examine the other evidences, and in case of participation of a prosecutor in consideration of the case, shall hear his (her) opinion;

11) issue a ruling on postponement of consideration of a case due to: application on recusation or challenge of a civil servant considering the case, in case if his (her) challenge precludes consideration of the case in essence; challenge of a defence attorney, authorized representative, expert or interpreter, if the mentioned challenge precludes consideration of the case in essence; necessity of appearance of the persons participating in consideration of the case, or demand of additional case materials, as well as in cases provided by a part two of article 51 of this Code. In case of necessity, the body (civil servant) shall issue a ruling on assignment of examination;

12) issue a ruling on transfer of a case for consideration in essence in cases provided by Article 816 of this Code.

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

3. In case of participation of a civil servant that initiated a case on administrative infraction in consideration of the case, or a chairman of the state body whose representatives have the right to initiated cases on administrative infractions, they first shall represent explanations in essence of an infraction and proofs of guiltiness of a person in its commission.

4. In necessary cases, the other procedural actions provided by this Code shall be carried out.

Footnote. Article 818 as amended by the laws of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 819. Circumstances subjected to clarification upon consideration of a case on administrative infraction

1. Upon consideration of a case on administrative infraction, the body (civil servant) shall be obliged to clarify if the administrative infraction was committed, if this person is guilty of its commission, if it is subjected to administrative liability, are there any circumstances mitigating or aggravating administrative liability, if the material damage is inflicted, circumstances, provided by Articles 741 and 742 of this Code, if the protocol on administrative infraction and other protocols drawn up properly, if the other case materials drawn up properly, provided by this Code, are there circumstances excluding proceeding on the case, as well as the circumstances allowing shall not brought a person to administrative liability, as well as to clarify other circumstances having significance for a proper solution of a case.

2. Upon establishment of circumstances, provided in part one of this Article, the body (civil servant) shall have the right to reduce a sum of administrative fine imposed on an individual in respect of whom the case on administrative infraction is initiated, and calculated according to the first paragraph of the first part of Article 44 of this Code, but no more than thirty percent of total fine amount.

Footnote. Article 819 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 820. Protocol of a court session

Footnote. Article 820 is excluded by the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 820-1. Fixing of court session by means of audio, video recording

Footnote. Chapter 43 as amended by Article 820-1 in accordance with the Law of the Republic of Kazakhstan dated 31.10.2015 № 378-V (shall be enforced from 01.01.2016); Is excluded by the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 821. Types of decisions based on the results of consideration of a case on administrative infraction

1. After consideration of a case on administrative infraction, the body (civil servant) shall issue one of the following decrees:

1) on imposition of administrative sanction;

2) on termination of the proceeding on a case.

1-1. In case when the administrative infraction is recorded by certified special control monitoring and testing technical means and devices operating in automated regime, the decision on the case on administrative infraction shall be drawn up in the form of the prescription on necessity to pay a fine, which is considered in accordance with Article 817 of this Code, with the exception of the cases, considered in essence in the manner of curtailed proceeding.

2. After recognition of a legal evaluation of illegal acts as incorrect in results of consideration of a case, the judge, body (civil servant) shall have the right to change classification of an infraction to Article or part of Article of the Law providing less severe administrative sanction.

3. Upon referral of a driver of a transport vehicle to pass the exam for testing of knowledge of the road traffic rules, the decree on referral for testing of knowledge of the road traffic rules, the copy of which is issued to a person referred to pass the exam, shall be issued.

3-1. Prior to sending an owner and (or) user of civilian and service weapon to pass examination to verify knowledge of the rules for safe civilian and service weapon handling, an order on sending for verification of knowledge of the rules for safe civilian and service weapon handling shall be passed and its copy shall be sent to the person to be sent to pass examination.

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

5. Decree on termination of the proceeding on a case shall be issued in the cases of:

1) existence of circumstances excluding the proceeding on a case provided by Article 741 of this Code;

2) existence of circumstances that allow not to bring to administrative liability provided by Article 742 of this Code;

3) transfer of case materials to the relevant bodies for solution of the issue on bringing of a person to disciplinary liability in accordance with Article 32 of this Code.

Footnote. Article 821 as amended by the laws of the Republic of Kazakhstan dated 22.12.2016 № 28-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 237-VI dated 18.03.2019 (shall be enforced upon expiry of ten calendar days after its first official publication);

Article 822. Decree on a case on administrative infraction

1. Decree on a case on administrative infraction shall contain:

1) position, last name, initials of a civil servant that issued decree;

2) date and place of consideration of a case;

3) details on a person in respect of whom the case is considered: for individuals – last name, first name, patronymic (when available), date of birth, place of residence, name and requisite elements of a document certifying identity, identification number, details on registration at the place of residence, place of work; for legal entities – name, legal organizational form, location, number and date of the state registration as a legal entity, identification number and bank details;

4) language of a proceeding on a considered case;

5) Article of this Code providing liability for administrative infraction;

6) circumstances established upon consideration of a case;

7) decision on a case;

8) procedure and terms for appealing decree;

9) terms of voluntary payment of fine or execution of another type of administrative sanction.

2. Decree on a case on administrative infraction shall be lawful and reasoned.

3. In decree on a case on administrative infraction, the issues on withdrawn things and documents being in possession of an individual, on withdrawn documents and property belonging to a legal entity shall be resolved, by this:

1) the subjects that are the tools or subjects for commission of an administrative infraction and belonging to an individual or legal entity brought to administrative liability, in cases provided by the sanctions of the rules of the Special part of section 2 of this Code shall be confiscated or transferred to the relevant institutions or destructed; in other cases shall be returned to whom it may concern;

2) things prohibited to circulation shall be transferred to the relevant institutions or shall be destructed;

3) things of no value and that may not be used shall be subject to destruction, and in cases of petitions of interested persons may be issued to them;

4) documents that are material evidences shall remain in a case within entire term of its storage or shall be transferred to interested persons.

4. The decision made on the basis of the results of the consideration of the case of an administrative offense shall be executed in writing and signed by the official who issued such an order or be made in the form of an electronic document certified by an electronic digital signature of the official who issued such an order.

Footnote. Article 822 as amended by the laws of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 822-1. Prescription on necessity to pay a fine and procedure of its direction

1. The prescription on necessity to pay a fine shall includes:

1) name, location of the body that drawn up the prescription on necessity to pay a fine;

2) details of the owner (user) of the transport vehicle, in respect of whom the prescription on necessity to pay a fine is draw up: for individuals - the last name, first name, patronymic (if available), date of birth, place of registration and other necessary personal data; for legal entities - name, organizational and legal form, location;

3) details of a transport vehicle: trademark, model, state registration number plate;

4) date, time, place, essence of an administrative infraction, article of this Code, providing liability on administrative infraction;

5) indications of certified special monitoring and testing technical mean and device, operating in automated regime;

6) name, number, date of metrological verification of certified special monitoring and testing technical mean and device, operating in automated regime;

7) amount of a fine;

8) terms of voluntary payment of a fine or in the manner of curtailed proceeding;

9) procedure and terms of the prescription appeal;

10) electronic digital signature.

2. Along with a written form may be used an electronic form of the prescription on necessity to pay a fine.

3. Prescription on necessity to pay a fine with receipt of establishment sample shall be directed to the owner (user) of the transport vehicle within ten days from the date of fixing an administrative infraction.

Footnote. Chapter 43 as amended by Article 822-1 in accordance with the laws of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 823. Announcement of a decree on a case on administrative infraction and delivery of copy of the decree

1. Decree on a case on administrative infraction shall be announced immediately upon completion of consideration of the case.

2. Decree issued on the basis of results on consideration of the case on administrative infraction to the persons indicated in Articles 744, 745, 746, 747 and 748, shall be delivered and (or) sent within three days from the date of its announcement.

3. Is excluded by the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
Footnote. Article 823 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 824. Determination on a case on administrative infraction

Determination on a case on administrative infraction shall contain details provided by a part one of Article 822 of this Code, with the exception of terms of voluntary payment of a fine or execution of another type of administrative sanction.

Footnote. Article 824 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 825. Correction of slips, clerical mistakes and arithmetic errors

1. The body (civil servant) that issued a decree on a case on administrative infraction, upon application of participants of the proceeding on a case, officer of justice, body (civil servant) executing the decree on a case on administrative infraction, or at own initiative, shall have the right to correct slips, clerical mistakes and arithmetic errors made in a decree without change of content of the decree.

2. Correction of slips, clerical mistakes and arithmetic errors in a decree adopted on the basis of results of consideration of complaints, appeal petition, prosecutor’s protests against the decree on a case on administrative infraction shall be carried out in the manner established by this Article.

3. Consideration of an application on correction of slips, clerical mistakes and arithmetic errors shall be carried out within three days from the date of receipt of the application.

4. Correction of a slip, clerical mistake or arithmetic error shall be carried out in the form of a ruling.

5. Copy of a ruling shall be directed to participants of a proceeding on a case, officer of justice, body (civil servant) executing decrees, as well as to body (civil servant) that drew up a protocol on administrative infraction within three days from the date of its issuance.

Footnote. Article 825 as amended by the laws of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 826. Private representation

1. Upon detection of cases of violation of legality, as well as establishment of the reasons and conditions promoting commission of administrative infractions, the body (civil servant) shall make a submission to the relevant organization and civil servants on taking of measures on their elimination.

Submission of a body (an official) may be appealed within ten days from the date of its receipt in the superior body (an official). The decision of a superior body issued on the basis of results of consideration of complaint on representation, may be appealed in a specialized district and equated court for administrative infractions within ten days from the date of its receipt, the decision of which is not subject to appeal. Decision of a body (official) issued in manner of ruling.

2. Heads of organizations and other civil servants shall be obliged to consider a private representation within a month from the date of its receipt and inform a body (civil servant) that issued the representation on taken measures.

Footnote. Article 826 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 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 29.06.2020 № 351-VI (shall be enforced from 01.07.2021).

Chapter 43-1. PROCEDURE FOR APPEAL PROTEST DECREES ON CASES ON ADMINISTRATIVE INFRACTION THAT DID NOT ENTER INTO LEGAL FORCE IN A SUPERIOR BODY (CIVIL SERVANT), PRESCRIPTION ON NECESSITY TO PAY A FINE

Footnote. Code as amended by Chapter 43-1 in accordance with the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 826-1. Right to appeal, protest a decree on a case on administrative infraction, prescription on necessity to pay a fine

Decree on a case on administrative infraction the prescription on necessity to pay a fine, may be appealed by persons mentioned in Articles 744, 745, 746, 747, 748 and 753 of this Code, as well as may be protested by a prosecutor in a superior body (civil servant).

Article 826-2. Procedure for appeal, protest of decree on a case on administrative infraction, prescription on necessity to pay a fine

1. Complaint, protest to a decree on a case on administrative infraction, prescription on necessity to pay a fine shall be directed to a body (civil servant) that issued the decree on a case, that drew up the prescription, that within three days from the date of receipt of the complaint, protest shall be obliged to direct them with all case materials to the relevant superior body (civil servant).

The complaint may be filed, and the protest may be entered directly in a superior body (civil servant) that are authorized to consider them.

2. Complaint, protest to a decree on a case on administrative infraction shall be filed within ten days from the date of delivery of a copy of decree, and in case if the persons mentioned in Articles 744, 745, 746, 747, 748 and 753 of this Code did not participate in consideration of the case – from the date of its receipt.

Complaint, protest to a prescription on necessity to pay a fine may be filed within ten days upon expiration of the term provided by Article 817 of this Code.

3. A complaint, a protest against a decision on an administrative offense case, issued in connection with non-fulfillment or improper fulfillment of a tax obligation established by the Tax Code of the Republic of Kazakhstan, or obligations provided for by the legislation of the Republic of Kazakhstan in the field of pension provision and compulsory social insurance, identified by the results of a tax audit, may be filed within thirty days from the date of delivery or receipt of a copy of the resolution.

4. Filing of a complaint, protest within established term of this Article shall suspend the execution of a decree on imposition of administrative infraction, a prescription on necessity to pay a fine until issuance of the decision on the complaint, the protest.

5. The complaint being filed to the superior body (civil servant) shall include details and confirm the requirements provided by Article 833 of this Code.

In case, if delivered complaint do not conform to the requirements provided by parts one and two of Article 833 of this Code, it shall be considered as delivered, but shall be returned with specification of the term for completion. If within the specified term, the complaint is not represented in court, body (civil servant) after repeated lodging, it shall be considered unfiled.

Footnote. Article 826-2 as amended by the Law of the Republic of Kazakhstan dated 20.04.2023 № 227-VII (effective from 01.07.2023).

Article 826-3. Consideration of a complaint, protest to a decree on a case on administrative infraction, prescription on necessity to pay a fine

1. The complaint, protest to a decree on a case on administrative infraction, the prescription on necessity to pay a fine shall be subject to consideration within ten days from the date of their receipt.

2. The superior body (civil servant) after beginning of considering a complaint, protest to a decree on a case on administrative infraction, the prescription on necessity to pay a fine shall:

1) announce, who considers a complaint, protest; which complaint, protest is subject to consideration; who filed the complaint, protest; shall clarify if the consideration of the complaint, protest are related to their competence, if consideration of a complaint, protest does not relate to their competence, shall direct them with all case materials according to jurisdiction;

2) be ascertain in attendance of a person, or his (her) representative, in respect of whom the decree on a case is issued, the prescription is drawn up, as well as persons summoned for participation in consideration of a complaint, protest;

3) verify the powers of participants of the proceeding and his (her) legal representatives;

4) clarify the reasons of non-appearance of participants of the proceeding on a case and adopt decision on consideration of a complaint, protest in their absence or on postponement of consideration of the complaint, protest;

5) explain the rights and obligations to the persons participating in consideration of a complaint, protest;

6) read a complaint, protest to a decree on a case on administrative infraction, the prescription on necessity of payment a fine and other case materials in case of necessity;

7) solve challenges and filed petitions, establish other circumstances necessary for full, comprehensive and objective consideration of the complaint, protest.

3. Upon consideration of a complaint, protest to a decree on a case on administrative infraction, the prescription on necessity to pay a fine, the legality and substantiation of the issued decree, prescription shall be verified according to available and additionally represented materials. The superior body (civil servant) shall have the right to establish new facts and examine new evidences.

Upon consideration of a case on administrative infraction a superior body (civil servant) shall be obliged to clarify, if the administrative infraction was committed, if this person is guilty of its commission, if it is subjected to administrative liability, are there any circumstances mitigating or aggravating administrative liability, if the material damage is inflicted, circumstances provided by Articles 741 and 742 of this Code, as well as to find out other circumstances that are important for the proper resolution of the case.

4. The superior body (civil servant) shall have the right to postpone consideration of a complaint, protest due to demand of additional case materials, assignment of examination and in other cases when it is necessary for full, comprehensive and objective consideration of the complaint, protest.

5. In case of receipt of petitions from participants of the proceeding on a case on administrative infraction or upon necessity of additional clarification of circumstances of the case, the term for consideration of a complaint, protest may be extended by a superior body (an official) considering the case, but no more than ten days. The body (an official) shall be obliged to suspend the term for consideration of a complaint, protest upon impossibility of its consideration until solution of another case considered in a civil, criminal, administrative judicial proceeding or proceeding on administrative infractions, as well as in case of appeal of the results of tax and (or) customs checks, on the basis of which a case on an administrative infraction is initiated, to the superior body or when sending a request to a state body on issues of importance to the case. Decision on suspension or extension of a term, shall be issued in kind of a ruling.

6. If the complaint, protest to a decree on a case on administrative infraction, the prescription on necessity to pay a fine delivered to the court and the superior body (civil servant) simultaneously, the complaint, the protest filed to superior body, shall be subject to direct them to the court.

Footnote. Article 826-3 as amended by the Law of the Republic of Kazakhstan dated 29.06.2020 № 351-VI (shall be enforced from 01.07.2021).

Article 826-4. Solution of a complaint, protest to a decree on a case on administrative infraction, prescription on necessity to pay a fine, and its announcement

1. After consideration of a complain, protest to a decree on a case on administrative infraction, the prescription on necessity to pay a fine, the superior body (civil servant) shall adopt one of the following decisions:

1) on leaving the decree, the prescription unchanged, and the complaint, protest – without satisfaction;

2) on change of the decree;

3) on repeal of the decree, the prescription and termination of a case;

4) on repeal of the decree, the prescription and issuance of new decree on a case.

2. The solution of the complaint, protest to the decree on a case on administrative infraction, prescription shall be announced immediately after its adoption, and shall be issued in the form of a decree on the complaint, protest drew up in accordance with Article 822 of this Code, a written or electronic document.

3. The decree with regard complaint, protest to the decree on a case, prescription shall be issued or sent to a person in respect of whom the decree on a case was issued, or him (her) representative drawn up the prescription, to an injured party in case of filing of the complaint by him (her), to a prosecutor that lodged a protest, within the term up to three days after its issuance.

4. The decree of a superior body (civil servant) with regard to complaint, protest to the decree on a case on administrative infraction, the prescription on necessity to pay a fine, may be appealed, protested within ten days from the date of delivery or receive of the decree to a court in the manner provided by Chapter 44-1 of this Code.

Article 826-5. Repeal or change of a decree on a case on administrative infraction or repeal of prescription on necessity to pay a fine

Decision on repeal of a decree, the prescription and termination of a case shall be adopted in presence of circumstances provided by Articles 741 and 742 of this Code, as well as upon unprovenness of the circumstances, on the grounds of which the decree is issued the prescription is drawn up.

Repeal or amendment of the decree on the case on administrative infraction, or repeal of the prescription on necessity to pay a fine as well as carrying out on the grounds provided in Articles 841, 842, 843, 844 and 845 of this Code.

Chapter 44. APPEAL OF ACTIONS (OMISSION) AND DECISIONS OF A BODY (CIVIL SERVANT), CARRYING OUT THE ADMINISTRATIVE INFRACTION PROCEEDING

Footnote. Title of Chapter 44 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 827. Procedure for filing a complaint

1. A person whose rights and freedoms are directly affected by the actions (omission) and (or) decision of a body (civil servant) carrying out the administrative infraction proceeding may be appealed in a superior body (civil servant) and (or) court on the violation of the law on drawing up of a protocol on administrative infraction, the use of measures to ensure on the case proceeding, appointment and expertise proceeding procedure, on other actions (omission) and adoption of decisions, with the exception of adopting of the decisions on the results of consideration a case on administrative infraction and on complaint (protest) on decree on the case on administrative infraction. Preliminary referral to a superior body (civil servant) is not compulsory condition for filing an application in court and its acceptance for consideration and solution in essence by the court.

2. Complaints shall be filed to a body (civil servant) court, whose actions (omission) and decisions are appealed, that shall be obliged directed complaints within three days from its receipt to superior body (civil servant), relevant court.

Complaints may be filed directly to a superior body (civil servant), court, that are authorized to consider them.

3. Complaints may be oral and written. Oral complaints shall be entered in a protocol which shall be signed by an applicant and civil servant that accepted the complaint. Oral complaints set out by persons at reception of the relevant civil servants shall be solved on a common basis with the complaints represented in written form. The complaint may be accompanied by additional materials.

4. The person that does not speak the language in which the proceeding on a case is conducted, shall be ensured by the right to file a complaint in native language or language that he (she) can speak.

5. The person that filed a complaint shall have the right to withdraw it. The person in respect of whom a case is initiated, injured party shall have the right to withdraw a complaint of own defence attorney, representative, except for legal representative. The complaint filed in behalf of a person in respect of whom a case is initiated may be withdrawn only with their written consent. Withdrawal of a complaint shall not preclude its repeated filing.

6. Filing of a complaint shall not suspend proceeding of appealed action and execution of appealed decision.

7. In case of filing a written application on withdrawal the complaint to action (omission) of civil servant carrying out an administrative infraction proceeding on a case, ruling on returning of a complaint shall be issued by a court.

Footnote. Article 827 as amended by the laws of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.06.2020 № 351-VI (shall be enforced from 01.07.2021).

Article 828. Term for filing a complaint

1. The person shall have the right to refer to superior body (civil servant) and (or) to court with a complaint within two months from the date when he (she) became known on violation of his (her) rights, freedoms and legal interests.

2. Omission of the term for filing of a complaint shall not be the ground for refusal in acceptance of the complaint. The reasons for omission of the term shall be clarified upon consideration of a complaint in essence and may be one of the grounds for refusal in satisfying the complaint.

Article 829. Procedure for consideration of a complaint

1. During consideration of a complaint, the judge or body (civil servant) shall be obliged to check the arguments set out in it comprehensively, upon necessity to demand additional materials, receive explanations from the relevant civil servants, individuals and legal entities in respect of appealed actions (omission) and decisions.

2. The complaint shall be subject to consideration within ten days from the date of acceptance. The term of consideration of a complaint may be extended upon necessity up to ten days. Non-appearance of notified person in a proper manner is not preclusion for consideration of a complaint.

The decision on refusal to satisfy the complaint shall be subject to appeal within ten days from the date of receipt of a copy of the decision of the body (an official) in a specialized district and equivalent court for administrative infractions, the decision of which can be appealed to a superior court, and the court decision - to a superior court whose decisions shall not be subject to appeal.

The decision to satisfy the complaint may be filed with an appeal by the prosecutor to a specialized district and equivalent court for administrative infractions, against the decision of which an appeal by the prosecutor can be filed with a superior court, and against a court decision - with a superior court.

3. The decree shall be delivered to an individual or representative of legal entity without delay, and in case of absence of these persons – shall be delivered to them within three days from the date of issuance of the decree.

4. The body (civil servant) or judge considering a complaint, shall be obliged to take measures within the competence without delay to restore violated rights and legal interests of participants of the administrative infraction proceeding, as well as other persons.

Footnote. Article 829 as amended by the laws of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.06.2020 № 351-VI (shall be enforced from 01.07.2021).

Chapter 44-1. CONSIDERATION OF CASES ON ADMINISTRATIVE INFRACTIONS BY COURTS, APPEAL, PROTEST DECREES ON CASES ON ADMINISTRATIVE INFRACTIONS, PRESCRIPTION ON NECESSITY TO PAY A FINE, DECREES OF SUPERIOR BODY (CIVIL SERVANT) ON COMPLAINT, PROTEST IN COURTS

Footnote. Code as amended by Chapter 44-1 in accordance with the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 829-1. Place of consideration of a case on administrative infraction by court

1. The case on administrative infraction shall be considered at the place of its commission. Upon petition of a person in respect of whom the administrative infraction proceeding is conducted, the case may be considered at the place of residence of this person.

2. Cases on administrative infraction stipulated by Articles 333, 334, 571, 572, 590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 606, 607, 608, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624-1, 625, 626, 627, 628, 630, 631 and 632 of this Code may also be considered at the place of registration of vehicles, ships, including small ships, or at the place of residence of a person in relation to whom proceedings on a case on administrative infraction shall be administered.

3. The cases on administrative infractions provided by Articles 378, 379, 382, 383, 440 and 481 of this Code shall be considered at the place of their commission or at the place of residence of a person in respect of whom the administrative infraction proceeding is conducted.

Footnote. Article 829-1 as amended by the laws of the Republic of Kazakhstan № 156-VI dated 24.05.2018 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.12.2019 № 295-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 829-2. Right to appeal, protest a decree on a case of administrative infraction, prescription on necessity to pay a fine, decree of superior body (civil servant) on complaint, protest

1. Decree on a case on administrative infraction the prescription on necessity to pay a fine, the decree may be appealed by persons mentioned in Articles 744, 745, 746, 747, 748 and 753 of this Code, as well as may be protested by a prosecutor in a superior body (civil servant) on the complaint, protest.

2. A complaint, an appeal of the prosecutor to a superior court may be filed against a court decision on the imposition of an administrative penalty.

3. Decree on a case of the fact of contempt of court issued by a judge (court) in the procedure of part four of Article 829-10 of this Code may be appealed, protested in a court of superior instance.

4. A complaint, an appeal of the prosecutor may be filed against a decision issued by a body (official) in a case on an administrative infraction, an order on the need to pay a fine, to a specialized district court and an equivalent court for administrative infractions and a juvenile court at the location of the body (official).

5. Preliminary referral of persons mentioned in Articles 744, 745, 746, 747 and 748 of this Code to a superior body (civil servant) is not compulsory condition for filing a complaint in court and its acceptance by the court for consideration and solution in essence.

Footnote. Article 829-2 as amended by the Law of the Republic of Kazakhstan dated 29.06.2020 № 351-VI (shall be enforced from 01.07.2021).

Article 829-3. Procedure for appeal, protest of decree on a case of administrative infraction, prescription on necessity to pay a fine, decrees of superior body (civil servant) on complaint, protest

1. Complaint, protest to a decree on a case on administrative infraction, the prescription on necessity to pay a fine, decree of superior body (civil servant) on the complaint, protest shall be directed to a body (civil servant) that issued the decree on a case, drawn up the prescription, that within three days from the date of receipt of the complaint, protest shall be obliged to direct them with all case materials to the relevant court.

2. In case of appeal, protest of a decree on a case of the fact of contempt of court in accordance with a part two of Article 830 of this Code, the court shall enclose the decree by an extract from the protocol of court session in a part of establishment of the fact.

3. The complaint may be filed, and the protest may be entered directly in a court, that is authorized to consider them, at the place of residence of a person or his location.

4. The complaint, protest of a decree of a judge on imposition of sanction in the form of administrative arrest shall be subject to direction to a superior court on a date of receipt of the complaint, protest.

5. If consideration of a complaint, protest does not relate to the competence of a judge to whom a decree on a case on administrative infraction, a prescription on necessity to pay a fine, a decree of superior body (civil servant) on the complaint, protest are appealed, protested, the complaint, protest shall be directed according to jurisdiction.

6. Complaint being filed to the superior body (civil servant) shall include details and confirm the requirements provided by Article 833 of this Code.

Article 829-4. Terms for appeal, protest of a decree on a case of administrative infraction, prescription on necessity to pay a fine, decrees of superior body (civil servant) on complaint, protest

1. The complaint, protest to a decree on a case on administrative infraction, the prescription on necessity to pay a fine, decree of superior body (civil servant) on the complaint, protest shall be filed within ten days from the date of delivery of a copy of decree, and in case if the persons mentioned in Articles 744, 745, 746, 747, 748 and 753 of this Code did not participate in consideration of the case – from the date of its receipt.

Complaint, protest to a prescription on necessity to pay a fine may be filed within ten days upon expiration of the term provided by Article 817 of this Code.

2. A complaint, a protest against a decision on an administrative offense case made in connection with non-fulfillment or improper fulfillment of a tax obligation established by the Tax Code of the Republic of Kazakhstan, or obligations provided for by the legislation of the Republic of Kazakhstan in the field of pension provision and compulsory social insurance identified by the results of a tax audit, may be filed within thirty days from the date of delivery or receipt of a copy of the resolution.

3. Omission of the term for filing of a complaint, protest shall not be the ground for refusal in acceptance of the complaint, protest. The complaint, protest are considered, the reasons for omission of the term shall be clarified upon consideration of a complaint, protest.

4. Filing of a complaint, protest within established term of this Article shall suspend the execution of a decree on imposition of administrative sanction, a prescription on necessity to pay a fine until issuance of the decision on the complaint, the protest.

5. The Court shall have the right to suspend the execution of a decree on imposition of administrative sanction for a period of consideration of a case on administrative infraction.

6. The complaint may be filed, the protest lodged to the side aggravating position of a person brought to administrative liability, or a person in respect of whom the administrative proceeding is terminated, shall be admitted within a year from the date of entering of decree on a case of administrative infraction, the prescription on necessity to pay a fine, decree of superior body (civil servant) on the complaint, protest into legal force.

Footnote. Article 829-4 as amended by the Law of the Republic of Kazakhstan dated 20.04.2023 № 227-VII (effective from 01.07.2023).

Article 829-5. Terms for consideration of a case on administrative infraction, complaint, protest on a decree on a case of administrative infraction, prescription on necessity to pay a fine, decree of superior body

1. Cases on administrative infraction, claim, opposition to judgement on the case of an administrative infraction, order for payment of penalty, order of a superior authority (executive officer) on a claim, opposition, shall be considered within fifteen days after the court authorized to consider the case have received the protocol on administrative infraction, claim, opposition and other case materials.

2. A case on administrative infraction may be considered immediately in case of receipt of respective requests from a person in relation to whom proceedings shall be administered, and from complainant. In case of receipt of requests from parties of proceedings on administrative infraction or, where necessary, additional identification of circumstance of the case, time for consideration of the case, claim, opposition may be extended but no more for than fifteen days.

3. The case on administrative infraction the commission of which entails administrative arrest, administrative expulsion beyond the Republic of Kazakhstan, shall be considered on a date of receipt of a protocol on administrative infraction and other case materials, and in respect of a person subjected to administrative detention – no later than twenty four hours from the date of its detention.

If the person bringing to liability, endured administrative arrest the complaint, protest on decree of administrative arrest, shall be subject to consideration within a day from the date of filing a complaint or protest.

4. The court shall be obliged to suspend the term for consideration of a complaint, protest upon impossibility of its consideration until solution of another case considered in a civil, criminal, administrative judicial proceeding or proceeding on administrative infractions, as well as in case of appeal of the results of tax and (or) custom inspections, on the ground of which initiated a case on administrative infraction to superior body, or expiration of term for appeal a decision of body (official), considering a complaint of a person, in respect of whom a case on administrative infraction is initiated.

Footnote. Article 829-5 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); dated 29.06.2020 № 351-VI (shall be enforced from 01.07.2021).

Article 829-6. Preparation to consideration of a case on administrative infraction, complaint, protest on a decree on a case of administrative infraction, prescription on necessity to pay a fine, decree of superior body (civil servant) on complaint, protest

1. Upon preparation to consideration of a complaint, protest, the judge shall clarify the following issues:

1) if the consideration of this case, complaint, protest are related to their competence;

2) are there the circumstances excluding the possibility of considering this case, complaint, protest by a judge;

3) are the protocol on administrative infraction and the other protocols provided by this Code drawn up in a proper manner, as well as other case materials;

4) are there the circumstances excluding the proceeding on a case, as well as circumstances that allow not to bring a person to administrative liability;

5) are there petitions, including on cases with participation of a minor person on consideration of a case in court at the place of residence of the minor person and challenges;

6) resolve petitions, demand of necessary additional case materials, on calling of persons whose participation shall recognized necessary for the consideration of a case, complaint, protest, on assignment of examination in case of necessity;

7) are the persons mentioned in Articles 744, 745, 746, 747 and 748 of this Code notified on place and time for consideration of a case.

2. Requirements of subparagraphs 1), 3) and 6) of part one of this Article shall not be applied to the cases on facts of contempt of court considered in accordance with part three of Article 684 of this Code.

Article 829-7. Circumstances excluding a possibility of considering the case on administrative infraction, complaint, protest on a decree on a case of administrative infraction by a court, prescription on necessity to pay a fine, decree of superior body (civil servant) on complaint, protest

The judge may not consider a case, complaint, protest in cases if this person:

1) is a relative of the person bringing to liability, or of injured party, their representatives, defence attorney;

2) is interested in solution of a case in person, directly or indirectly.

Article 829-8. Recusation and challenge of a judge

1. In existence of circumstances provided by Article 829-7 of this Code, the judge shall be obliged to apply on recusation.

2. In existence of circumstances provided by Article 829-7 of this Code, the person in respect of whom the proceeding on case is conducted, injured party, legal representatives of an individual and representatives of legal entity, defence attorney, prosecutor shall have the right to challenge a judge.

3. Applications of recusation, challenge shall be filed to a chairman of the relevant court.

4. Applications on recusation, challenge shall be considered by a chairman of court within a day from the date of receipt.

5. Following the results of consideration of applications on recusation, challenge, the ruling on satisfying the applications or on refusal from their satisfaction shall be issued.

Article 829-9. Decision of a judge, adopted upon preparation to consideration of a case on administrative infraction complaint, protest on a decree on a case of administrative infraction, prescription on necessity to pay a fine, decree of superior body (civil servant) on complaint, protest

1. The judge upon preparation to consideration of a case on administrative infraction, complaint, protest shall adopt the relevant decision:

1) on appointment of time and place for consideration of a case, complaint, protest;

2) on calling of persons, demand of necessary additional case materials, on assignment of examination in case of necessity;

3) on postponement of consideration of a case, complaint, protest;

4) on extension, suspension of terms for consideration of the case, complaint, protest;

5) on transfer of a protocol on administrative infraction and other case materials, complaint, protest for consideration according to jurisdiction, if the consideration of this case, complaint, protest do not relate to its competence;

6) on transfer of a case for consideration in essence in accordance with Article 812 of this Code;

7) on transfer of a case for consideration to a court, authorized to impose a sanction of other type or amount for the administrative infraction, as well as on transfer of a case for consideration at the place of registration of transport vehicles (vessels including small size vessels) in cases provided by Article 812 of this Code

2. Decisions provided by a part one of this Article shall be issued in the form of ruling and contain information provided by a part one of this Article 822 of this Code, with the exception of term and procedure for appeal.

3. Upon establishment that there are two and more cases initiated in respect of one and the same person, the judge shall have the right to consolidate these cases in one proceeding for joint consideration.

4. Upon preparation to repeated consideration of a case on administrative infraction due to non-appearance of a person bringing to liability, his (her) representative, witness without reasonable excuses in cases provided by a part four of Article 744, part six of Article 746 and part five of Article 754 of this Code, the judge shall have the right to issue a ruling on bringing of mentioned persons.

Article 829-10. Procedure for consideration of a case on administrative infraction complaint, protest on a decree on a case of administrative infraction, prescription on necessity to pay a fine, decree of superior body (civil servant) on complaint, protest

1. Upon beginning of consideration of a case, complaint, protest, the judge shall:

1) declare who considers a case, which case, complaint, protest, are subject to consideration, who and on the basis of which Article of this Code is brought to liability, determine the language of proceeding;

2) be satisfied in appearance of a person or his (her) representative bringing to administrative liability, as well as other persons participating in consideration of a case, complaint, protest;

3) establish identity of participants of the proceeding and check the powers of legal representatives of persons, defense attorney;

4) clarify the reasons of non-appearance of participants of the proceeding on a case and adopt decision on consideration of a case, complaint, protest, in the absence of mentioned persons or on postponement of consideration of the case, complaint, protest;

5) issue a ruling in necessary cases on bringing of a person the participation of which is compulsory during consideration of a case, complaint, protest shall appoint an interpreter;

6) explain the rights and obligations to the persons participating in consideration of a case, provided by this Code including the right to receive a gratuitous legal assistance on account of the funds of state budget;

7) permit the challenges and filed petitions;

8) announce a protocol on administrative infraction, complaint, protest, and in case of necessity – other case materials;

9) hear explanations of a person in respect of whom the proceeding on a case is conducted, testimony of other persons participating in the proceeding, clarifications of a specialist and opinion of an expert, shall examine the other evidences, and in case of participation of a prosecutor in consideration of the case, complaint, protest, shall hear his (her) opinion;

10) issue a ruling on postponement of consideration of a case, complaint, protest, due to: application on recusation or challenge of a judge in case if his (her) challenge precludes consideration of the case, complaint, protest, in essence; challenge of a defence attorney, authorized representative, expert or interpreter, if the mentioned challenge precludes consideration of the case, complaint, protest, in essence; necessity of appearance of the persons participating in consideration of the case, complaint, protest, or demand of additional case materials, complaint, protest, as well as in cases provided by part two of article 51 of this Code. In case of necessity, the judge shall issue a ruling on assignment of examination;

11) issue a ruling on extension, suspension of terms of consideration a case, complaint, protest;

12) issue a ruling on transfer of a case for consideration in essence in cases provided by Article 829-9 of this Code.

2. Upon consideration of a case, complaint, protest shall be checked legitimacy and relevancy the initiation of a case on administrative infraction, according to issued decrees and additional materials available in a case. The court unconnected with arguments and circumstances of the case, complaint, protest and checked the case in full, herewith the court shall have the right establish new facts and examine new evidences.

3. The court shall be obliged to suspend the term for consideration of a complaint, an appellate petition of a prosecutor upon impossibility of its consideration until solution of another case considered in a civil, criminal or administrative judicial proceeding. Upon extension and (or) suspension of a term, the reasoned ruling shall be issued.

4. Upon establishment of the fact of contempt of court from the side of a person attending the process directly in the course of judicial proceeding, the presiding judge shall have the right to issue a decree after declaring the fact on imposition of administrative sanction on a guilty person provided by Article 653 of this Code without compliance with the requirements of subparagraphs 2), 4), 8) and 12) of part one of this Article.

5. The case on the fact of contempt of court from the side of person attending the process established in the course of judicial proceeding shall be considered by a judge (court) directly at the same court session with establishment and recording of this fact in a protocol of a court session.

6. In case of participation of a civil servant that initiated a case on administrative infraction, complaint, protest, in consideration of the case, or a chairman of the state body whose representatives have the right to initiated cases on administrative infractions, to consider a complaint, protest to a decree on a case on administrative infraction, the prescription on necessity to pay a fine, they first shall represent explanations in essence of an infraction and evidences of guiltiness of a person in its commission.

7. In necessary cases, the other procedural actions provided by this Code shall be carried out.

Article 829-11. Circumstances subjected to clarification upon consideration of a case on administrative infraction complaint, protest on a decree on a case of administrative infraction, prescription on necessity to pay a fine, decree of superior body (civil servant) on complaint, protest

1. Upon consideration of a case on administrative infraction, complaint, protest, the judge shall be obliged to clarify if the administrative infraction was committed, if this person is guilty of its commission, if it is subjected to administrative liability, are there any circumstances mitigating or aggravating administrative liability, if the material damage is inflicted, circumstances provided by Articles 741 and 742 of this Code, are the protocol on administrative infraction and the other protocols provided by this Code drawn up in a proper manner, as well as other case materials, are there the circumstances excluding the proceeding on a case, as well as circumstances that allow not to bring a person to administrative liability, as well as to clarify other circumstances having significance for a proper solution of a case.

2. Upon establishment of circumstances provided by part one of this Article, the judge shall have the right to reduce a sum of administrative fine imposed on a person in respect of whom the case on administrative infraction is initiated, and calculated according to the first paragraph of part one of Article 44 of this Code, but no more than thirty percent of total fine amount.

Article 829-12. Protocol of a court session

1. Upon consideration of a case on administrative infraction, the protocol shall be kept in a court session. If the person in respect of whom the administrative infraction proceeding is conducted, makes full admission of his (her) guiltiness upon consideration of a case on administrative infraction, does not apply on necessity to examine evidences, the keeping of a protocol is not mandatory. By this, upon consideration of a case according to the rules provided for the court of first instance, the court of superior instances shall keep the protocol of a court session in cases of necessity of examining additional materials having significance for a proper solution of the case, received expert opinions, of interrogation of the persons summoned at session, as well as at own initiative or upon petition of a person in respect of whom the administrative infraction proceeding is conducted.

2. The protocol of a court session shall contain:

1) place and date of a session, time of its beginning and completion;

2) details of a person in respect of whom the case is considered: for individuals – last name, first name, patronymic (when available), date of birth, place of residence, name and requisite elements of a document certifying identity, identification number, details on registration at the place of residence, place of work; for legal entities – name, legal organizational form, location, number and date of the state registration as a legal entity, identification number and bank details;

3) language of a proceeding on a considered case;

4) event of a considered case on administrative infraction;

5) position, last name, initials of a judge, secretary of a court cession;

6) details on appearance of persons participating in consideration of a case, on notifying absent persons in established manner;

7) the course of a court session;

8) challenges, petitions and results of their consideration;

9) explanation of the rights and obligations to participants on a case on administrative infraction proceeding;

10) content of explanations, questions and answers, speeches of participants of a court session;

11) considered materials and documents;

12) indication to rulings, decrees issued in the course of a court session, court decision on a case on administrative infraction, explanation of the term and procedure for its appealing;

13) familiarization with a protocol of a court session and explanation of the term for filing remarks on it.

3. The protocol shall be drawn up, signed by a judge and secretary of a court session no later than five days from the date of consideration of the case.

4. The judge shall be obliged to ensure a possibility to familiarize with a protocol of a court session to a person in respect of whom the administrative infraction proceeding is conducted, to other participants of the administrative infraction proceeding.

5. The participants of the administrative infraction proceeding shall have the right to represent own remarks in respect of fullness and credibility of drawing up the protocol of a court session within five days after its signing.

6. Remarks on the protocol of a court session shall be considered by a judge within five days from the date of their filing.

7. The judge shall issue a reasoned decree on acceptance or denying of remarks on the protocol of a court session. The decree and remarks on the protocol of a court session shall be attached to the protocol of a court session.

Article 829-13. Fixing of court session by audio, video recording means

1. Fixing the course of a court session is carried out by audio, video recording means. Fixing of a court session means of audio, video recording shall be carried out by secretary of a court session.

Fixation of a court session by audio, video recording means shall not be carried out in cases of technically faulty equipment, its absence or impossibility of its application on technical reasons. The impossibility of using audio, video recording does not exclude the continuation of a court session.

The secretary of a court session, in case of impossibility of using audio, video recording means, shall reported this to a court with a mandatory reflection of the reasons for not using audio, video recording in a protocol of a court session.

2. In case of fixing consideration of a case with the using by means of audio, video recording, the secretary of a court session shall draw up a brief protocol in written form.

The brief protocol of the court session shall contain:

1) place and date of a session, time of its beginning and completion;

2) details of a person in respect of whom the case is considered: for individuals – last name, first name, patronymic (when available), date of birth, place of residence, name and requisite elements of a document certifying identity, identification number, details on registration at the place of residence, place of work; for legal entities – name, legal organizational form, location, number and date of the state registration as a legal entity, identification number and bank details;

3) position, last name, initials of a judge, secretary of a court cession;

4) details on application of audio, video recording means by court;

5) name of a file containing audio, video recording;

6) details on appearance of persons participating in consideration of a case, on notifying absent persons in established manner;

7) indication to rulings, decrees issued in the course of a court session, court decision on a case on administrative infraction, explanation of the term and procedure for its appealing;

8) considered materials and documents;

9) familiarization with audio, video recording,

a protocol of a court session and clarification of the term for filing remarks on it .

A brief protocol shall be drawn up, signed by a judge and secretary of a court session no later than three days from the date of consideration of the case.

The material carrier containing audio, video recording, and a brief protocol of the court session shall be attached to the case materials.

3. The judge shall be obliged to ensure a possibility to familiarize with audio, video recording, a brief protocol of the court session provide comments on the completeness and reliability of the compilation audio, video recording, protocol of the court session to a person in respect of whom the administrative infraction proceeding is conducted, to other participants of the administrative infraction proceeding within three days after its signing.

4. Remarks on audio, video recording and brief protocol of the court session shall be considered by a judge in the manner established by parts six and seven of Article 829-12 of this Code.

5. Audio, video recording of the court sessions shall be used for the purposes of judicial proceedings for accurately fixing the course of the court trial only, as well as for establishing factual data in civil, criminal, judicial proceeding, on cases of administrative infractions proceeding or in disciplinary case proceedings.

The procedure for the technical use of audio, video recording means that ensure the fixing the course of court session, the storage and destruction of audio, video recordings, as well as access to audio, video recordings shall be determined by the body that carried out organizational and material and engineering ensure activities of the courts, taking into account the requirements of this Code.

Article 829-14. Decisions, adopted based on the results of consideration of a case on administrative infraction complaint, protest on a decree on a case of administrative infraction, prescription on necessity to pay a fine, decree of superior body (civil servant) on complaint, protest

1. After consideration of a case on administrative infraction, complaint, protest, the judge, shall issue one of the following decrees:

1) on imposition of administrative sanction;

2) on termination of the proceeding on a case;

3) on leaving the decree, prescription unchanged, and the complaint, protest – without satisfaction;

4) on change of the decree;

5) on repeal of the decree, prescription and termination of a case;

6) on repeal of the decree, prescription and issuance of new decree on a case.

2. Decree provided by this Article shall be lawful and reasoned.

If upon solution of an issue on imposition of sanction for administrative infraction, the judge decides the issue on compensation of property damage by a guilty person, the decree shall contain the extent of damage subjected to recovery, term and procedure for its compensation.

Decree of a court on expulsion of a foreign person or stateless person beyond the Republic of Kazakhstan, enter into legal force from the date of its issuance and serve as a ground for expulsion of a foreign person or stateless person beyond the Republic of Kazakhstan. It also contain the term within which a foreign person or stateless person should leave the territory of the Republic of Kazakhstan.

3. Decree shall contain details, also issues shall be solved provided by Article 822 of this Code.

4. After recognition of a legal evaluation of illegal acts as incorrect in results of consideration of a case, the judge shall be obliged to change classification of an infraction to Article of the Law providing less severe administrative sanction.

5. Upon referral of a driver of a transport vehicle to pass the exam for testing of knowledge of the road traffic rules, the decree on referral for testing of knowledge of the road traffic rules, the copy of which is issued to a person referred to pass the exam, shall be issued.

6. Upon referral of a owner and (or) user of civil and service weapons to pass the exam for testing knowledge of civil and service weapon safe handling rules, the decree on referral for testing of knowledge of the safe handling rules of civil and service weapons, shall be issued the copy of which shall be issued to a person referred to pass the exam.

6-1. Judgement based on Article 54 of this Code may establish special requirements for behavior of an offender.

7. Decree on termination of the proceeding on a case shall be issued in the cases of:

1) existence of circumstances excluding the proceeding on a case provided by Article 741 of this Code;

2) existence of circumstances that allow not to bring to administrative liability provided by Article 742 of this Code;

3) transfer of case materials to the relevant bodies for solution of the issue on bringing of a person to disciplinary liability in accordance with Article 32 of this Code.

8. Decree issued by the results of considering a case, complaint, protest shall be drawn up in written and shall be signed by a judge that issued the decree or electronic document certified by electronic digital signature of a judge that issued the decree.

Footnote. Article 829-14 as amended by the Law of the Republic of Kazakhstan № 237-VI dated 18.03.2019 (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 829-15. Repeal or change of a decree on a case on administrative infraction, complaint, protest, decree of superior body on complaint, protest or repeal of a prescription on necessity to pay a fine

Decision on repeal of a decree, prescription, a decree on complaint, a protest and termination of a case shall be adopted upon presence of circumstances provided by Articles 741 and 742 of this Code, and also upon unprovedness of circumstances, on the ground of which the decree was issued, the prescription is drawn up.

Repeal or change of decree on a case on administrative infraction, decree on a complaint, a protest or repeal of the prescription on necessity to pay a fine shall carrying out on the grounds provided by Articles, 840, 841, 842, 843, 844 and 845 of this Code.

Article 829-16. Announcement of a decree based on the results of consideration of a case on administrative infraction, on complaint, protest to decree on a case on administrative infraction, prescription on necessity to pay a fine, decree of superior body (civil servant) on complaint, protest

1. Decree of a judge based on the results of consideration of a case on administrative infraction, on complaint, protest to decree on a case on administrative infraction, prescription on necessity to pay a fine, decree of superior body (civil servant) on complaint, protest shall be announced immediately after its issuance.

2. Decree of a judge shall be issued or sent to the person in respect of whom the decree on a case, on a complaint, on protest was issued, to an injured party in case of filing of the complaint by him (her), on upon his (her) request, to a prosecutor that lodged a protest, within the term up to three days after its issuance.

In case of a decree on administrative arrest issuance, the decree shall be directed immediately to a prosecutor.

3. The decree of a judge with regard to complaint, protest to the decree on a case on administrative arrest shall be brought to the notice of a body (civil servant) executing the decree, as well as of a person in respect of whom it is issued – on a date of issuance of the decree.

4. On cases on administrative infractions, provided by Articles статьями 484 и 485 of this Code, in respect of the person whom firearms and ammunition have been entrusted in connection with performance of official duties or given for temporary use by an enterprise, a copy of a decree shall be directed to the relevant enterprise.

5. The decree of a judge may be appealed, protested in the superior court in order provided by Chapter 45 of this Code.

Footnote. Article 829-16 as amended by the Law of the Republic of Kazakhstan dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 829-17. Determination on a case on administrative infraction issued by a judge

Determination on a case on administrative infraction shall contain details provided by a part one of Article 822 of this Code, with the exception of terms of voluntary payment of a fine or execution of other type of administrative sanction.

Article 829-18. Correction of slips, clerical mistakes and arithmetic errors by judge

1. The judge, that issued a decree on a case on administrative infraction, upon application of participants of the proceeding on a case, officer of justice, body (civil servant) executing the decree on a case on administrative infraction, or at own initiative, shall have the right to correct slips, clerical mistakes and arithmetic errors made in a decree without change of content of the decree.

2. Consideration of an application on correction of slips, clerical mistakes and arithmetic errors shall be carried out within three days from the date of receipt of the application.

3. Correction of a slip, clerical mistake or arithmetic error shall be carried out in the form of a ruling.

4. Copy of a ruling shall be directed to participants of a proceeding on a case, officer of justice, body (civil servant) executing decrees, as well as to body (civil servant) that drew up a protocol on administrative infraction within three days from the date of its issuance.

Article 829-19. Private decree

1. Upon detection of cases of violation of legality, as well as establishment of the reasons and conditions promoting commission of administrative infractions, the judge shall issue a private decree, shall make a submission to the relevant organization and civil servants on taking of measures on their elimination.

Private decree of court may be appealed, protested within ten days from the date of its receipt in a superior court, the decision of which is not subject to appeal, protest.

2. Heads of organizations and other civil servants shall be obliged to consider a private decree within a month from the date of its receipt and inform a judge that issued the private decree on taken measures.

Chapter 45. REVIEW OF DECREES OF JUDGES THAT DID NOT ENTER INTO LEGAL FORCE UNDER APPEAL PROCEDURE

Footnote. Title of Chapter 45 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 830. Right to appeal, bringing an appellate petition of a prosecutor to a decree of a judge

1. Decree of a judge of specialized district and equated administrative court and juvenile court on imposition of administrative sanction may be appealed by persons indicated in Articles 744, 745, 746, 747, 748 and 753 of this Code, in a superior court as well as reviewed on appellate petition of the prosecutor.

2. Decree on a case of the fact of contempt of judge issued by a judge in the procedure of part four of Article 829-10 of this Code a complaint, an appellate petition of the prosecutor can be filled in a court of superior instance.

Footnote. Article 830 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 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 29.06.2020 № 351-VI (shall be enforced from 01.07.2021).

Article 831. Procedure for appeal, review on an appellate petition of a prosecutor to a decree of a judge

Footnote. Title of Article 831 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

1. Complaint, appellate petition of the prosecutor to a decree of a judge shall be directed to a judge that issued the decree, that within three days from the date of receipt of the complaint, the appellate petition of the prosecutor shall be obliged to direct them with all case materials to superior body court.

2. In case of appeal, bringing an appellate petition of the prosecutor to a decree on a case of the fact of contempt of court in accordance with a part two of Article 830 of this Code, the court shall enclose the decree by an extract from the protocol of court session in a part of establishment of the fact.

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

4. The complaint, protest of a decree of a judge on imposition of sanction in the form of administrative arrest shall be subject to direction to a superior court on a date of receipt of the complaint, protest.

5. Is excluded by the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
Footnote. Article 831 as amended by the laws of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 832. Term for appeal, bringing an appellate petition of a prosecutor to a decree of a judge

1. Complaint, appellate petition of the prosecutor to a decree of a judge may be filed within ten days from the date of delivery of decree, and in case if the persons mentioned in Articles 744, 745, 746, 747, 748 and 753 of this Code did not participate in consideration of the case – from the date of its receipt.

2. Omission of the term for filing of a complaint, an appellate petition of the prosecutor shall not be the ground for refusal in acceptance of its consideration. Terms and its value for the right resolution of a case shall be clarified by court regardless of the content of the complaint, appellate petition of the prosecutor.

3. The complaint, appellate petition of the prosecutor may be filed, to the side aggravating position of a person brought to administrative liability, or a person in respect of whom the administrative proceeding is terminated, shall be admitted within a year from the date of entering of decree on a case of administrative infraction, the prescription on necessity to pay a fine, decree of superior body (civil servant) on the complaint, protest into legal force.

Footnote. Article 832 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 833. Content of a complaint, an appellate petition of a prosecutor

1. The complaint shall be filed, the appellate petition of a prosecutor shall be brought in written form or electronic document, certified with electronic digital signature and it shall contain:

1) name of a court, superior body to which the complaint is filed, the appellate petition of a prosecutor is brought;

2) last name, first name and patronymic (when available) (precise name of a legal entity), place of permanent residence or location (mail address) of an applicant of complaint, prosecutor that issued appellate petition;

3) name of a court to a decree of whom the complaint is filed, the appellate petition is brought;

4) content of appealed or reviewed the decree on appellate petition of a prosecutor, as well as the reasons by which the applicant of complaint, prosecutor that issued appellate petition, considers the decree of court violating his (her) rights and freedoms;

5) clearly worded petition of an applicant of complaint, claim of a person, prosecutor that issued appellate petition.

2. The complaint, the appellate petition shall be signed by persons mentioned in Articles 744, 745, 746, 747 and 748 of this Code as well as by prosecutor. The complaint being filed in behalf of a legal entity shall be signed by his (her) representative or other authorized person.

3. If the complaint is filed, the appellate petition of a prosecutor is brought in behalf of another person, the first name and last name, place of permanent residence or location (mail address) of a person in behalf of whom the complaint or protest is filed, shall be stated in there. The complaint shall be accompanied by a document certifying the powers.

4. The complaint shall be filed, the appellate petition of a prosecutor shall be brought in two copies accompanied by copy of appealed or reviewed decree of court, as well as other documents for substantiation of the arguments raised in the complaint or the appellate petition of reasons.

5. In case, if delivered complaint or the appellate petition of a prosecutor do not conform to the requirements provided by a part one and two of this Article, they shall be considered as delivered, but shall be returned with specification of the term for completion. If within the specified term, the complaint, appellate petition of a prosecutor are not represented in court, after repeated lodging, they shall be considered unfiled.

Footnote. Article 833 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 834. Suspension of execution of a decree due to filing of a complaint or bringing an appellate petition of a prosecutor

Footnote. Title of Article 834 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

1. Filing of a complaint within established term shall suspend the execution of a decree on imposition of administrative infraction until consideration of the complaint.

2. The prosecutor shall have the right to suspend the execution of a decree on imposition of administrative sanction for a period of monitoring of its legality, give written instructions to authorized civil servants and bodies (except for court) on proceeding of additional monitoring. Based on the results of monitoring, the prosecutor shall bring the appellate petition to the relevant body on repeal or change of the decree or cancel the suspension of execution of the decree.

3. Bringing of an appellate petition by a prosecutor shall suspend the execution of a decree until consideration of the appellate petition.

Footnote. Article 834 as amended by the laws of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 835. Terms of consideration of a complain, an appellate petition of a prosecutor to a decree of a judge

Footnote. Title of Article 835 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

1. The complaint, appellate petition of a prosecutor to a decree shall be subject to consideration within ten days from the date of their receipt.

2. The complaint, appellate petition of a prosecutor to a decree on administrative arrest, if the person brought to liability serves administrative arrest, shall be subject to consideration within one day from the date of filing of the complaint or bringing of the appellate petition.

3. In cases of receipt of petitions from the participants in the proceedings in the case of an administrative infraction or the need for additional clarification of the circumstances of the case, the period for considering the complaint, the appeal petition of the prosecutor may be extended by the court considering the case, but not more than for ten days. The court shall be obliged to suspend the term for consideration of the complaint, the appeal petition of the prosecutor if it is impossible to consider it (his) until the resolution of another case considered in civil, criminal, administrative proceedings or proceedings on administrative infractions. Decision on extension and (or) suspension of the term shall be issued in the form of a reasoned ruling.

Footnote. Article 835 is in the wording of the Law of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (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 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.06.2020 № 351-VI (shall be enforced from 01.07.2021).

Article 836. Sole consideration of a complaint, appellate petition of a prosecutor to a decree of a court by judge

1. The complaint, appellate petition of a prosecutor to a decree of the court shall be considered at sole discretion by a judge of superior court.

2. The complaint, appellate petition of a prosecutor to a decree of court on a case of the fact of contempt of court issued by a judge (court) in the manner provided by a part four of Article 829-10 of this Code, shall be considered at sole discretion by a judge of superior court.

Footnote. Article 836 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 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 29.06.2020 № 351-VI (shall be enforced from 01.07.2021).

Article 837. Preparation to consideration of a complaint, appellate petition of a prosecutor to a decree of a court

Upon preparation to consideration of a complaint, appellate petition of a prosecutor, the court shall: permit petitions, demand additional materials, summon persons the participation of which is recognized necessary for consideration of a complaint, appellate petition of a prosecutor; the judge shall assign examination in case of necessity.

Footnote. Article 837 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 838. Consideration of a complaint, appellate petition of a prosecutor to a decree of a court

1. The judge after beginning of considering a complaint, appellate petition of a prosecutor to a decree of a judge, shall:

1) announce, who considers a complaint, appellate petition; which complaint, appellate petition is subject to consideration; who filed the complaint, brought the appellate petition;

2) be ascertain in attendance of an individual or representative of legal entity in respect of whom the decree on a case is issued, as well as persons summoned for participation in consideration of a complaint, appellate petition;

3) verify the powers of participants of a proceeding and their legal representatives;

4) clarify the reasons of non-appearance of participants of the proceeding on a case and adopt decision on consideration of a complaint, appellate petition in their absence or on postponement of consideration of the complaint, appellate petition;

5) explain the rights and obligations to the persons participating in consideration of a complaint, appellate petition;

6) solve challenges and filed petitions;

7) read a complaint and petition to a decree, and other case materials in case of necessity.

2. Upon consideration of a complaint, appellate petition to a decree of a court, the legality and substantiation of the issued decree shall be verified according to available and additionally represented materials. The judge is not linked with arguments of a complaint, appellate petition of a prosecutor and shall verify the case in a full measure, by this, they shall have the right to establish new facts and examine new evidences.

3. The judge shall have the right to postpone consideration of a complaint, appellate petition of a prosecutor due to non-attendance of summoned persons, demand of additional case materials, assignment of examination and in other cases when it is necessary for full, comprehensive and objective consideration of the complaint, appellate petition.

Footnote. Article 838 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 839. Solution of a complaint, appellate petition of a prosecutor to a decree of a court

1. After consideration of a complain, appellate petition of a prosecutor to a decree of a court, the judge shall adopt one of the following decisions:

1) on leaving the decree unchanged, and the complaints, appellate petition – without satisfaction;

2) on change of the decree;

3) on repeal of the decree and termination of a case in existence of circumstances provided by Articles 741 and 742 of this Code, as well as in case of lack of evidentiary support of evidences on the basis of which the decree was issued;

4) on repeal of the decree and issuance of new decree on a case.

2. Following the results of consideration of a complaint, appellate petition of a prosecutor to a decree of a court, the decision shall be announced immediately after its adoption and shall be issued in the form of a decree on the complaint, appellate petition, drew up in accordance with Article 822 of this Code.

3. The decree of a judge issued in appellate procedure may be appealed, protested in the manner provided by chapter 46 of this Code.

Footnote. Article 839 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 840. Grounds for repeal or change of a decree of a court

Footnote. Title of Article 840 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

The grounds for repeal or change of a decree of a court and issuance of the decree are:
1) non-conformance of summaries of a judge, on actual circumstances of a case set out in a decree of a court, examined evidences during consideration of a complaint, appellate petition of a prosecutor;

2) incorrect application of the Law on administrative liability;

3) essential violation of the procedural rules of this Code;

4) non-conformance of administrative sanction imposed by the decree to a nature of committed infraction, identity of a guilty person or property status of a legal entity.

Footnote. Article 840 as amended by the laws of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 841. Non-conformance of summaries of a judge on actual circumstances of a case set out in a decree of a court, examined evidences during consideration of a complaint, appellate petition of a prosecutor

1. After establishment that the summaries on actual circumstances of a case set out in a decree of a court do not conform to the evidences examined during consideration of a complaint, appellate petition of a prosecutor, the judge shall repeal this decree in full or in part and shall issue new decree in accordance with the results of consideration of the complaint, appellate petition.

2. During evaluation of the evidences examined during consideration of a complaint, appellate petition of a prosecutor, the judge, shall have the right to recognize the facts proved that were not established by a decree of a court or were not taken into account by a judge, that issued the decree.

Footnote. Article 841 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 842. Incorrect application of the Law on administrative liability

1. Incorrect application of the Law on administrative liability is:

1) violation of the requirements of section 1 and the Common pat of section 2 of this Code;

2) application of wrong Article or part of Article of the Special part of section 2 of this Code that were subject to application;

3) imposition of more severe administrative sanction that it is provided by a sanction of the relevant Article of the Special part of section 2 of this Code.

2. After recognition of a legal evaluation of illegal acts as incorrect in results of consideration of a complaint, appellate petition of a prosecutor, the judge shall have the right to change classification of an infraction to Article of the Law providing less severe administrative sanction.

3. Based on the results of consideration of a complaint, appellate petition of a prosecutor, the judge shall have the right to change classification of an infraction to Article of the Law providing more severe administrative sanction or impose more severe administrative sanction only in case when on these grounds the complaint was filed by an injured party or appellate petition of a prosecutor was brought.

Footnote. Article 842 as amended by the laws of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 843. Substantial violation of procedural rules of this Code

1. Substantial violations of procedural rules of this Code are the violations of principles and other general provisions of this Code during proceeding on a case and its consideration by deprivation or impairment of the rights guaranteed by the Law of the persons participating in the case, non-compliance with the procedure for the administrative infraction proceeding or otherwise impeded comprehensive, full and objective examination of circumstances of a case, influenced or might influence on issuance of legal and reasonable decree.

2. The decree shall be subject to repeal when one-sidedness or incompleteness of the proceeding on a case are the result of wrong exclusion of available evidences from examination or unreasonable refusal in examination of evidences that may have a significance for a case; failure to examine evidences subjected to compulsory examination.

3. The decree shall be subject to repeal at least if:

1) in existence of grounds provided by Articles 741 and 742 of this Code, the proceeding on a case was not terminated;

2) The decree issued by a judge, is not authorized to consider cases on administrative infractions;

3) the case is considered without participation of a defence attorney, when his (her) participation is compulsory in accordance with the Law, or the right of a person in respect of whom the proceeding on a case is conducted to have the defence attorney is violated by other means;

4) the right of a person in respect of whom the proceeding on a case is conducted to use native language or language that he (she) can speak, and services of an interpreter is violated;

5) the person in respect of whom the proceeding on a case is conducted is not provided by the right to five explanations on circumstances of a case;

6) the decree is not signed by any of the persons mentioned in a part four of Article 822 of this Code.

4. After establishment that upon consideration of a case on administrative infraction the violation of procedural rules mentioned in subparagraph 1) of part three of this Article is committed, the judge, shall repeal the decree and terminate the proceeding on a case.

5. If during the consideration of a case on an administrative infraction any other significant violation of procedural norms was committed, the judge conducts the consideration of the case, taking measures to eliminate the violation, shall cancel the decision of the court, the superior body (an official) and, taking into account the results of the consideration of the case, shall issue a new decree.

Footnote. Article 843 as amended by the laws of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.06.2020 № 351-VI (shall be enforced from 01.07.2021).

Article 844. Non-conformance of administrative sanction imposed by a decree to the character of committed infraction, identity of a guilty person or property financial status of a legal entity

1. After recognition of administrative sanction imposed by a decree as unfair due to its excessive severity that does not conform to the character of committed infraction, identity of a guilty person or property status of a legal entity, the judge shall mitigate the sanction being governed by general rules of imposition of the administrative sanction.

2. The judge may impose more severe sanction on a guilty person that was determined by the decree on a case on administrative infraction, but only in the cases when the appellate petition of a prosecutor was brought or when the complaint of an injured party was filed.

Footnote. Article 844 as amended by the laws of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 845. Repeal or change of a decree on termination of a proceeding on case

1. The decree on termination of a proceeding on case may be repealed by a judge with issuance of the decree on imposition of administrative sanction not otherwise than according to the complaint of an injured party or according to the appellate petition of a prosecutor to inconsistency of termination of the proceeding on case.

2. The decree on termination of the proceeding on case may be changed in a part of the grounds for termination according to the complaint of a person in respect of whom the proceeding on case is terminated.

Footnote. Article 845 as amended by the laws of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 846. Announcement of a decree on a complaint, appellate petition of a prosecutor to a decree of a court

1. The decree with regard to complaint, appellate petition of a prosecutor to a decree of a court shall be announced immediately after its issuance.

2. Copy of the decree with regard complaint, appellate petition of a prosecutor to a decree of a court shall be issued or sent to an individual or representative of legal entity in respect of which the decree on a case was issued, to an injured party in case of filing of the complaint by him (her), on upon his (her) request, to a prosecutor that brought an appellate petition, within the term up to three days after its issuance.

3. The decree with regard to complaint, appellate petition of a prosecutor to a decree of a court on arrest shall be brought to the notice of a body (civil servant) executing the decree, as well as of a person in respect of whom it is issued – on a date of issuance of the decree.

Footnote. Article 846 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 46. REVIEW OF DECREES ENTERED INTO LEGAL FORCE IN CASSATIONAL PROCEDURE

Footnote. Title of Chapter 46 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 847. Cassational procedure for review of decrees on cases on administrative infractions entered into legal force and decrees based on results of consideration of complaints, protests to them

Footnote. Article 847 is excluded by the Law of the Republic of Kazakhstan dated 31.10.2015 № 378-V (shall be enforced from 01.01.2016).

Article 848. Procedure and arguments for evocation of cases and consideration of petitions on lodging of a protest to judicial acts entered into legal force

1. A case on an administrative infraction may be requested from the relevant court for verification in cassation by the Chairman, the Chairman of the Judicial Collegium of the Supreme Court of the Republic of Kazakhstan, as well as the Prosecutor General of the Republic of Kazakhstan, his deputies, regional prosecutors and prosecutors equivalent to them.

2. The arguments for evocation of cases are the petitions of persons mentioned in a part four of Article 851 of this Code, and equally the initiative of Chairman of the Supreme Court of the Republic of Kazakhstan, General Prosecutor of the Republic of Kazakhstan mentioned within their competence.

3. Request on evocation of a case shall be executed by a court no later than seven days from the date of its receipt in court. The request may be directed written form or electronic document

4. Cases on administrative infractions shall not be subject to review in cassational procedure, with exception cases provided by part five of Article 851 of this Code.

5. Decrees on cases of administrative infractions that have entered into force may be reviewed on the proposal of the Chairman, Chairman of the Judicial Collegium of the Supreme Court of the Republic of Kazakhstan, as well as on the protest of the Prosecutor General of the Republic of Kazakhstan or his deputy, if there are grounds provided for by part five Article 851 of this Code.

6. Representation, protest with a case shall be directed to the Judicial Collegium of the Supreme Court of the Republic of Kazakhstan.

Copies of protest shall be directed to the persons, participating in a case, by prosecutor.

7. In case of evocation of a case, the petition on entering of representation or lodging of a cassational protest shall be subject to consideration within thirty business days from the date of receipt of the case.

8. The petition on entering of representation or lodging of a protest shall be filed in written form or electronic document, certified with electronic digital signature and shall contain:

1) name of a civil servant to whom the petition is addressed;

2) name of a person lodging the petition; his (her) place of residence or location and procedural position in a case;

3) indication to courts considering a case in the first, appeal and cassational instances, and content of decisions adopted by them;

4) indication on judicial act on which the petition is filed;

5) indication:

to what serious irreversible consequences for human life, health, or for the economy and security of the Republic of Kazakhstan, may entail execution of a decree;

what rights and legitimate interests of an indefinite circle of persons or other public interests violate the decree;

how the adopted decree violates uniformity in the interpretation and application by courts, authorized bodies (civil servants) of the law;

6) an indication of what the request of the person filing the petition is.

9. The petition shall be signed by a person filing the petition, or by his (her) representative. The petition signed by a representative shall be accompanied by power of attorney or another document certifying the powers of the representative.

10. The petition shall be subject to return to persons that filed them in case of its non-conformance to requirements of this Article.

11. The person filing the petition shall have the right withdraw it by applying to the court of cassational instance until consideration of a petition.

Footnote. Article 848 is in the wording of the Law of the Republic of Kazakhstan dated 11.07.2017 № 91-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 20.03.2021 № 21-VII (shall be enforced from 01.07.2021).

Article 849. Lodging of a protest, filing of complaint to decrees on cases on administrative infractions and decrees on results of consideration of the complaint, protest to them

Footnote. Article 849 is excluded by the Law of the Republic of Kazakhstan dated 31.10.2015 № 378-V (shall be enforced from 01.01.2016).

Article 850. Suspension of execution of a decree on imposition of administrative sanction

Lodging of a protest to decrees entered into legal force shall suspend the execution of these decrees.

Footnote. Article 850 as amended by the laws of the Republic of Kazakhstan dated 31.10.2015 № 378-V (shall be enforced from 01.01.2016).

Article 851. Cassational procedure for review of decrees on cases on administrative infractions entered into legal force

1. The Judicial Collegium of the Supreme Court of the Republic of Kazakhstan, in a collegiate composition of at least three judges, on the proposal of the Chairman, the Chairman of the Judicial Collegium of the Supreme Court of the Republic of Kazakhstan, the protest of the Prosecutor General of the Republic of Kazakhstan and his deputies, shall be eligible to verify the legitimacy and validity of the the force of a court decision in a case of an administrative infraction.

2. Representation, protest to the side aggravating position of a person brought to administrative liability, or a person in respect of whom the administrative proceeding is terminated, shall be admitted within a year from the date of entering of decree of court into legal force.

3. The protest to decrees on cases on administrative infractions, the decree of court with regard to complaint, protest to them shall conform to requirements mentioned in Article 833 of this Code.

4. A person brought to administrative responsibility, complainant, their legal representatives, defenders, representatives of legal persons, as well as authorized authorities (executive officers) administering proceedings through their central state, local executive authorities of regions, cities of republican status and the capital city have a right to file a request on introduction of a petition and lodging of prosecutor’s appeal.

5. The grounds for the review in cassational procedure of decrees on cases on administrative infractions are cases when:

1) the execution of adopted decree may entail to serious irreversible consequences for human life, health, or for the economy and security of the Republic of Kazakhstan;

2) adopted decree violates the rights and legitimate interests of an indefinite circle of persons or other public interests;

3) adopted decree violates the uniformity in the interpretation and application by the courts, authorized bodies (civil servants) of the rules of law.

6. The prosecutor that issued the protest, shall has the right recalled it by filing an application to the court of cassational instance before consider the protest. The recall of the protest does not prevent its reapplying.

Footnote. Article 851 is in the wording of the Law of the Republic of Kazakhstan dated 11.07.2017 № 91-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); dated 20.03.2021 № 21-VII (shall be enforced from 01.07.2021).

Chapter 47. REVIEW OF DECREES ON CASES ON ADMINISTRATIVE INFRACTIONS, PRESCRIPTION ON NECESSITY TO PAY A FINE THAT ENTERED INTO LEGAL FORCE AND DECREES BASED ON RESULTS OF CONSIDERATION OF COMPLAINTS, APPELLATE PETITION, PROTESTS OF PROSECUTOR TO THEM ON NEWLY DISCOVERED CURCUMSTANCES

Footnote. Title of Chapter 47 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 852. Grounds of review

1. The decrees on cases on administrative infractions, prescription on necessity to pay a fine and the decrees based on results of consideration of complaints, protests may be reviewed on newly discovered circumstances.

2. The grounds for review of decrees, prescriptions on newly discovered circumstances are:

1) circumstances essential for a case that were not and might not be known by an offender, injured party;

2) knowingly false evidences of a witness, knowingly false opinion of an expert, knowingly incorrect interpretation, forgery of a protocol on administrative infraction or prescription on necessity to pay a fine, of documents or material evidences that entailed issuance of illegal or unreasonable decree, established by the court verdict that entered into legal force;

3) criminal actions of participants of a proceeding on cases on administrative infractions, of other persons participating in a case, or their representatives or criminal actions of judges, authorized bodies (civil servant) committed during consideration of this case, established by the court verdict that entered into legal force;

4) revocation of a decision, verdict, ruling or decree of court or legal act of another state body (civil servant) that served as the ground for issuance of this decree;

5) recognition by the Constitutional Court of the Republic of Kazakhstan as unconstitutional of a law or other regulatory legal act that was applied in this case of an administrative offense.

Footnote. Article 852 as amended by the laws of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.11.2022 № 158-VII (shall be enforced from 01.01.2023).

Article 853. Courts, authorized bodies (civil servants) reviewing decrees on cases on administrative infractions, prescription on necessity to pay a fine and decrees based on results of consideration of complaints, protests to them on newly discovered circumstances

The decree, prescription that entered into legal force shall be reviewed on newly discovered circumstances by a court, authorized body (civil servant) that issued this decision.

In case of review of the decree, prescription of a body (civil servant) by a court and leaving it unchanged, the review on newly discovered circumstances shall be carried out by the court that issued this decision.

Footnote. Article 853 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 854. Filing of application

1. The application on review of a decree, prescription on necessity to pay a fine on newly discovered circumstances shall be filed by a person brought to administrative liability, by an injured party or their legal representatives, or a prosecutor in court, body (civil servant) that issued the decree or drew up the prescription.

2. The persons mentioned in a part one of this Article may file an application on review of decree, prescription on newly discovered circumstances within three months from the date of establishment of circumstances serving as the ground for review.

Footnote. Article 854 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 855. Forma and content of application

1. The application on review of decree, prescription on necessity to pay a fine on newly discovered circumstances shall be filed in written form. The application shall be signed by a person filing the application, or by his (her) authorized representative.

2. The application on review on newly discovered circumstances shall contain:

1) name of a court, body (civil servant) to which the application is filed;

2) details on a person filing the application (for individuals – last name, first name, patronymic (when available), subscriber’s number of phone, fax, cellular communications and (or) electronic mail (if available); for legal entities – name, location, number and date of state registration (reregistration) of a legal entity, subscriber’s number of phone, fax, cellular communications and (or) electronic mail (if available);

3) name of a court, body (civil servant) that adopted the act on review of which the applicant files petition on newly discovered circumstances; date of adoption of this act;

4) requirement of a person filing the application; newly discovered circumstance provided by Article 852 of this Code and that in opinion of an applicant is the ground for raising a question on review of decree, prescription on necessity to pay a fine on newly discovered circumstances with a reference to the documents certifying opening or establishment of this circumstance;

5) list of attached documents.

3. The application shall be accompanied by:

1) copies of documents certifying newly discovered circumstances;

2) copy of a decree, prescription on necessity to pay a fine, on review of which the applicant files petitions;

3) a document certifying direction of absent copies of an application and documents to the other persons participating in a case;

4) credibility or another document certifying the powers of a person for signing an application.

Footnote. Article 855 as amended by the laws of the Republic of Kazakhstan dated 31.10.2015 № 378-V (shall be enforced from 01.01.2016); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 856. Admission of an application for initiation of proceeding of a court, body (civil servant)

1. The application on review of a decree, prescription on necessity to pay a fine on newly discovered circumstances filed in compliance with requirements submitted for its form and content shall be admitted for initiation of a proceeding of the relevant court, body (civil servant).

2. Issue on admission of an application for initiation of proceeding shall be solved within three days from the date of its receipt.

3. Upon admission of an application for proceeding, the ruling containing date and place of holding of meeting on consideration of the application, shall be issued.

4. Copies of a ruling shall be directed to persons participating in a case.

Footnote. Article 856 as amended by the laws of the Republic of Kazakhstan dated 28.12.2017 №127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 857. Return of an application on review of a decree, prescription on necessity to pay a fine on newly discovered circumstances

Footnote. Title of Article 857 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

1. The judge of the relevant court, civil servant of authorized body shall return an application to an applicant filed by him (her) on review of a decree, prescription on necessity to pay a fine on newly discovered circumstances, if during solving the issue on its admission for initiation of proceeding it is established that:

1) the application is filed with violation of rules established by Article 855 of this Code;

2) the application is filed after expiration of established term and there is no petition on its restoration or restoration of omitted term for filing of application was refused;

3) the requirements submitted to form and content of the application were not complied.

2. Upon return of an application, the ruling shall be issued.

Copy of the ruling shall be directed to an applicant together with an application and enclosed documents no later than the next day after the date of its issuance.

3. The ruling on return of application may be appealed, reviewed on petition or protest of a prosecutor.

Footnote. Article 857 as amended by the laws of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 858. Calculation of term for filing of application

The term for filing of application shall be calculated:

1) in cases provided by subparagraph 1) of part two of Article 852 of this Code – from the date of discovery of circumstances having substantial significance for a case;

2) in cases provided by subparagraphs 2) and 3) of part two of Article 852 of this Code – from the date of entering of a court verdict into legal force;

3) cases provided by subparagraph 4) of part two of Article 852 of this Code – from the date of entering of a verdict, decision, ruling, decree of court or legal act of the other state body (civil servant) into legal force, on which the reviewed decree, prescription on necessity to pay a fine was based;

4) in the cases provided for by subparagraph 5) of part two of Article 852 of this Code – from the date of adoption of the decision of the Constitutional Court of the Republic of Kazakhstan on the recognition as unconstitutional of a law or other regulatory legal act that was applied in this case of an administrative offense.

Footnote. Article 858 as amended by the laws of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.11.2022 № 158-VII (shall be enforced from 01.01.2023).

Article 859. Consideration of an application

The application on review of a decree, prescription on necessity to pay a fine on newly discovered circumstances shall be considered at session by a court, body (civil servant). The applicant and persons participating in a case shall be notified on time and place of session, however their non-appearance is not an obstacle for consideration of the application.

Footnote. Article 859 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 860. Decree of court, authorized body (civil servant) on review of a case

1. After consideration of an application on review of a decree, prescription on necessity to pay a fine on newly discovered circumstances, the court, body (civil servant) shall certify the application and repeal the decree, prescription or refuse in review.

2. Decisions of courts, bodies (civil servant) on repeal of a decree, prescription on newly discovered circumstances and on refusal in satisfaction of an application on review of the decree, prescription on newly discovered circumstances may be appealed and protested in established manner.

3. In case of repeal of a decree, prescription, the case shall be considered by a court, body (civil servant) according to the rules established by this Code.

Footnote. Article 860 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 48. REHABILITATION, COMPENSATIO FOR DAMAGE
INFLICTED BY ILLEGAL ACTIONS OF A BODY (CIVIL SERVANT)
AUTHORIZED TO CONSIDER CASES ON ADMINISTRATIVE INFRACTIONS Article 861. Rehabilitation by recognition of faultlessness of a person brought to administrative liability

1. The person in respect of whom the decree of court, body (civil servant) authorized to consider cases on administrative infractions, on termination of a case on the grounds provided by subparagraphs 1) – 7) and 11) of part one of Article 741 of this Code is issued, shall be considered faultless and may not be subjected to any restrictions in rights and freedoms guaranteed by the Constitution and Laws of the Republic of Kazakhstan.

2. The judge, body (civil servant) authorized to consider cases on administrative infractions shall be obliged to take all the measures provided by the Law on recognition of a person mentioned in a part one of this Article as faultless and on restoration of personal non-property and property rights violated in a result of illegal actions of a judge, body (civil servant) authorized to consider cases on administrative infractions.

Article 862. Persons having the right to compensation of damage inflicted in a result of illegal actions of a court, body (civil servant) authorized to consider cases on administrative infractions

1. Damage inflicted to a person in a result of illegal application of the measures of ensuring the proceeding on case shall be compensated from republican budget in a full measure independently from guilt of a judge, body (civil servant) authorized to consider cases on administrative infractions.

2. The following persons shall have the right to compensation of damage inflicted in a result of illegal actions, body (civil servant) authorized to consider cases on administrative infractions:

1) persons mentioned in a part one of Article 745 of this Code;

2) persons in respect of whom the proceeding on case should not be initiated, and the initiated proceeding was subject to termination on the grounds provided by subparagraphs 1) – 7) and 11) of part one of Article 741 of this Code, if the proceeding on case was initiated in spite of existence of the circumstances excluding the administrative infraction proceeding, or was not terminated from the date of their detection.

3. In case of death of an individual, the right of compensation of damage in established manner shall be transferred to his (her) legal successors.

4. Damage shall not be subject to compensation to a person if it is proved that during the proceeding on case by voluntary self-accusation, he (she) barred establishment of truth and so promoted occurrence of the consequences mentioned in a part one of this Article.

5. In the absence of circumstances mentioned in subparagraph 2 (of part two of this Article, the rules of this Article shall not apply to the cases when the administrative sanctions imposed on a person and other measures of legal administrative effect are cancelled or changed due to expiration of the terms of limitation, adoption of the Law eliminating administrative liability or mitigating administrative sanction.

Article 863. Damage subjected to compensation

The persons mentioned in Article 862 of this Code shall have the right to compensation of property damage in a full measure, elimination of consequences of moral damage and restoration in all lost or impaired rights.

Article 864. Recognition of the right to compensation of damage

After adoption of a decision on full or partial rehabilitation of a person, the judge or body (civil servant) authorized to consider cases on administrative infractions shall be obliged to recognize his (her) right to compensation of damage. Copy of decree on termination of a case, on repeal or change of other illegal decisions shall be delivered or sent to an interested person by mail. At the same time, the notification with explanation of the procedure for compensation of damage shall be directed to him (her). In the absence of details on place of residence of successors, relatives or dependents of deceased person having the right to compensation of damage, the notification shall be directed to them no later than five days from the date of their apply to the body (civil servant) authorized to consider cases on administrative infractions.

Article 865. Compensation of property damage

1. Property damage inflicted to persons mentioned in Article 862 of this Code shall include the compensation of:

1) salary, pension, benefits, other funds and incomes that they are deprived;

2) property illegally confiscated on the basis of court decree. Upon impossibility to return the property, its cost shall be returned;

3) fines recovered in execution of illegal decree of a body (civil servant) authorized to solve a case; procedural expenditures and other sums paid by a person due to illegal actions;

4) sums paid by a person for rendering of legal assistance;

5) other expenses incurred in a result of illegal bringing to administrative liability.

2. The sums paid for maintenance of persons mentioned in a part one of Article 603 of this Code at the places of execution of administrative arrest, the procedural expenditures linked with a proceeding on case, and equally earnings for performing any works by these persons during execution of the administrative arrest may not be deducted from the sums subjected to payment as a recompense of damage inflicted in a result of illegal actions of a body (civil servant) authorized to consider cases on administrative infractions.

3. Upon receipt of a copy of documents mentioned in Article 823 of this Code with notification on procedure for compensation of damage, the persons mentioned in parts two and three of Article 862 of this Code shall have the right to refer to the body (civil servant) that issued the decree on termination of a case, revocation or change of other illegal decisions with a demand for compensation of property damage. If the case is terminated by a superior body (civil servant) or a court, the demand for compensation of damage shall be directed to a body (civil servant) that issued illegal decree. If the case being considered by a judge is terminated by a superior court, the demand for compensation of damage shall be directed to the judge that issued illegal decree. In case of rehabilitation of a minor person, the demand for compensation of damage may be applied by his (her) legal representative.

4. No later than one month from the date of receipt of the application, the body (civil servant) mentioned in a part two of this Article shall determine the extent of damage after requesting estimation in necessary cases from financial bodies and bodies of social protection after what shall issue a decree on making payments as a recompense of this damage adjusted for inflation. If the case is terminated by a court, the mentioned actions shall be made by a judge that considered the case.

5. Copy of a decree certified by the common seal shall be delivered or sent to a person for representation in bodies that are obliged to make payment. Procedure for paying shall be determined by the legislation.

Article 866. Elimination of consequences of moral damage

1. The body (civil servant) that adopted decision on rehabilitation of a person, shall be obliged to submit apologies to him (her) in written form for inflicted damage.

2. Claims for compensation for inflicted moral damage in pecuniary terms shall be made in the manner of civil legal proceeding.

3. If the person was illegally brought to administrative liability, and details on this were published in the press, distributed via radio, television or other means of mass media, upon request of this person, and in case of his (her) death – upon request of his (her) relatives or a prosecutor, the relevant mass media shall be obliged to make necessary statement on this within one month.

4. Upon request of the persons mentioned in Article 862 of this Code, the body (civil servant) authorized to consider cases on administrative infractions shall be obliged to direct written statement on revocation of own illegal decisions at the place of their work, education, residence within ten days.

Article 867. Terms for submission of requirements

1. Requirements on making monetary payments as a recompense of property damage may be submitted within one year from the date of receipt of a decree on making such payments by persons mentioned in Article 862.

2. Requirements on restoration of such rights may be submitted within six months from the date of receipt of a notification explaining the procedure for restoration of the rights.

3. In case of omission of these terms by reasonable excuse, they shall be subject to restoration upon application of interested persons by a body (civil servant) authorized to consider cases on administrative infractions.

Article 868. Compensation of damage to legal entities

The damage inflicted to legal entities by illegal actions of a body (civil servant) authorized to consider cases on administrative infractions shall be subject to restoration by the state in a full measure and terms established by this chapter.

Article 869. Restoration of rights in court actions

If the requirement on rehabilitation or compensation of damage is not satisfied or the person is not agreed with adopted decision, he (she) shall have the right to refer in court in the manner of civil legal proceeding.

Chapter 49. SPECIAL ASPECTS OF A PROCEEDING ON CASES
OF PERSONS HAVING PRIVILEGES AND IMMUNITY
FROM ADMINISTRATIVE LIABILITY Article 870. Conditions and procedure for the administrative infraction proceeding in respect of a deputy of the Parliament of the Republic of Kazakhstan

1. The deputy of the Parliament of the Republic of Kazakhstan may not be subject to bringing, measures of administrative sanction imposed in a judicial proceeding within the term of own powers without the consent of the relevant Chamber of the Parliament of the Republic of Kazakhstan.

2. For obtainment of the consent to bringing of a deputy to administrative liability entailing imposition of the administrative sanction in a judicial proceeding, bringing, the General Prosecutor of the Republic of Kazakhstan shall submit proposal to the relevant Chamber of the Parliament of the Republic of Kazakhstan the deputy of which is the person that committed administrative infraction. The proposal shall be submitted before direction of a case on administrative infraction in court, as well as before solution of the issue on necessity of compulsory conveying of a deputy in court, body (civil servant) authorized to consider cases on administrative infractions.

3. Decision of the relevant Chamber of the Parliament of the Republic of Kazakhstan for proposal submitted by the General Prosecutor of the Republic of Kazakhstan shall be issued in terms established by the Constitutional Law of the Republic of Kazakhstan “On Parliament of the Republic of Kazakhstan and status of its deputies”.

4. If the relevant Chamber of the Parliament of the Republic of Kazakhstan gives a consent to bringing of a deputy to administrative liability entailing imposition of administrative sanction in a judicial proceeding, the further proceeding on case shall be conducted in the manner established by this Code considering the special aspects provided by this Article.

5. If the relevant Chamber of the Parliament of the Republic of Kazakhstan gives a consent to bringing, the question of application of this measure of ensuring the administrative infraction proceeding shall be solved in the manner established by this Code.

6. In case if the relevant Chamber of the Parliament of the Republic of Kazakhstan did not give a consent to bringing of a deputy to administrative liability entailing imposition of administrative sanction in a judicial proceeding, the proceeding on case shall be subject to termination on this ground.

7. In case if the relevant Chamber of the Parliament of the Republic of Kazakhstan did not give a consent to bringing, the other measures of ensuring the administrative infraction proceeding shall be applied to a deputy in the manner established by this Code.

8. Supervision of legality of considering a case on administrative infraction in a judicial proceeding in respect of a deputy of the Parliament of the Republic of Kazakhstan shall be carried out by the General Prosecutor of the Republic of Kazakhstan.

Article 871. Conditions and procedure for the administrative infraction proceeding in respect of a candidate for President of the Republic of Kazakhstan, candidate for deputy of the Parliament of the Republic of Kazakhstan

1. Candidates for President of the Republic of Kazakhstan, for deputies of the Parliament of the Republic of Kazakhstan from the date of their registration and until publication of election returns, as well as until their registration as the President, deputy of the Parliament may not be subject to bringing, measures of administrative sanction imposed in a judicial proceeding without the consent of the Central Elective Commission of the Republic of Kazakhstan.

2. Proposal on bringing of a candidate for President of the Republic of Kazakhstan, for deputies of the Parliament of the Republic of Kazakhstan to administrative liability shall be submitted to the Central Elective Commission by the General Prosecutor of the Republic of Kazakhstan before direction of a case on administrative infraction in court.

3. Substantiated decision of the Central Elective Commission of the Republic of Kazakhstan to proposal submitted by the General Prosecutor of the Republic of Kazakhstan shall be issued within ten days from the date of its receipt.

4. After receipt of the decision of the Central Elective Commission by the General Prosecutor of the Republic of Kazakhstan, the further proceeding on case shall be conducted in the manner established by Article 813 of this Code.

Article 872. Conditions and procedure of proceedings in the case of an administrative offense against the Chairman, Deputy Chairman or judge of the Constitutional Court of the Republic of Kazakhstan

Footnote. The title of Article 872 as amended by the Law of the Republic of Kazakhstan dated 05.11.2022 № 158-VII (shall be enforced from 01.01.2023).

1. The Chairman, Deputy Chairman or judge of the Constitutional Court of the Republic of Kazakhstan during the term of their powers may not be subjected to bringing to court, administrative penalties imposed in court, without the consent of the Parliament of the Republic of Kazakhstan.

2. In order to obtain consent to bring the Chairman, Deputy Chairman or judge of the Constitutional Court of the Republic of Kazakhstan to administrative responsibility, entailing the imposition of an administrative penalty in court, the Prosecutor General of the Republic of Kazakhstan submits a recommendation to the Parliament of the Republic of Kazakhstan. The recommendation is made before submission of the case of an administrative offense to the court, the decision on the need to forcibly bring the Chairman, Deputy Chairman or judge of the Constitutional Court of the Republic of Kazakhstan to the court, to the body (to the official) authorized to consider cases of administrative offenses.

3. After receipt of the decision of the Parliament of the Republic of Kazakhstan by the General Prosecutor of the Republic of Kazakhstan, the further proceeding on case shall be conducted in the manner established by Article 813 of this Code.

4. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015).

Footnote. Article 872 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); dated 05.11.2022 № 158-VII (shall be enforced from 01.01.2023).

Article 873. Conditions and procedure for the administrative infraction proceeding in respect of a judge

1. The judge may not be arrested, subjected to bringing, measures of administrative sanction imposed in a judicial proceeding without the consent of the President of the Republic of Kazakhstan based on conclusion of the Supreme Judicial Council of the Republic, or in case established by subparagraph 3) of Article 55 of the Constitution of the Republic of Kazakhstan without the consent of the Senate of the Parliament of the Republic of Kazakhstan.

2. For obtainment of the consent for bringing of a judge to administrative liability entailing imposition of administrative sanction in a judicial proceeding, bringing, the General Prosecutor of the Republic of Kazakhstan shall submit a proposal to the President of the Republic of Kazakhstan, and in case provided by subparagraph 3) of Article 55 of the Constitution – to the Senate of the Parliament of the Republic of Kazakhstan. The proposal shall be submitted before direction of a case on administrative infraction in court, before solution of the issue on necessity of compulsory conveying of a judge in court, body (civil servant) authorized to consider cases on administrative infractions.

3. After receipt of the decision of the President of the Republic of Kazakhstan, the Senate of the Parliament of the Republic of Kazakhstan by the General Prosecutor of the Republic of Kazakhstan, the further proceeding on case shall be conducted in the manner established by Article 813 of this Code.

4. The case on administrative infraction settled by proceeding in respect of a judge shall be transferred by a body (civil servant) carrying out this proceeding in the manner established by this Code in court through the General Prosecutor of the Republic of Kazakhstan.

Article 874. Conditions and procedure for the administrative infraction proceeding in respect of the General Prosecutor of the Republic of Kazakhstan

1. The General Prosecutor of the Republic of Kazakhstan may not be subjected to bringing, measures of administrative sanction imposed in a judicial proceeding within the entire term of own powers without the consent of the Senate of the Parliament of the Republic of Kazakhstan.

2. For obtainment of the consent for bringing of the General Prosecutor of the Republic of Kazakhstan to administrative liability entailing imposition of administrative sanction in a judicial proceeding, bringing, the first deputy of the General Prosecutor of the Republic of Kazakhstan shall submit a proposal to the Senate of the Parliament of the Republic of Kazakhstan. The proposal shall be submitted before direction of a case on administrative infraction in court, before solution of the issue on necessity of compulsory conveying of the General Prosecutor in court, body (civil servant) authorized to consider cases on administrative infractions.

3. After receipt of the decision of the Senate of the Republic of Kazakhstan by the first deputy of the General Prosecutor of the Republic of Kazakhstan, the further proceeding on case shall be conducted in the manner established by Article 819 of this Code.

4. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015).

5. Supervision of legality of considering a case on administrative infraction in a judicial proceeding in respect of a deputy of the General Prosecutor of the Republic of Kazakhstan shall be carried out by his (her) first deputy.

6. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015).

Footnote. Article 874 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015).

Article 874-1. Conditions and procedure for proceedings in a case on an administrative offense against the Commissioner for Human Rights in the Republic of Kazakhstan

1. The Commissioner for Human Rights in the Republic of Kazakhstan during the term of his powers may not be subjected to bringing to court, administrative penalties imposed in court, without the consent of the Senate of the Parliament of the Republic of Kazakhstan.

2. In order to obtain consent to bring the Commissioner for Human Rights in the Republic of Kazakhstan to administrative responsibility, entailing the imposition of an administrative penalty in court, the Prosecutor General of the Republic of Kazakhstan submits a recommendation to the Senate of the Parliament of the Republic of Kazakhstan. The recommendation is made before submission of the case of an administrative offense to the court, the decision on the need to forcibly bring the Commissioner for Human Rights in the Republic of Kazakhstan to the court, the body (to the official) authorized to consider cases of administrative offenses.

3. After the Prosecutor General of the Republic of Kazakhstan receives the decision of the Senate of the Parliament of the Republic of Kazakhstan, further proceedings on the case shall be carried out in accordance with the procedure established by Article 819 of this Code.

4. Supervision over the legality of the consideration of a case on an administrative offense in court against the Commissioner for Human Rights in the Republic of Kazakhstan is carried out by the Prosecutor General of the Republic of Kazakhstan.

Footnote. Chapter 49 is supplemented by Article 874-1 in accordance with the Law of the Republic of Kazakhstan dated 29.12.2021 № 92-VII (shall be enforced six months after the day of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 05.11.2022 № 158-VII (shall be enforced ten calendar days after the date of its first official publication).

Article 875. Consideration by a judge of an administrative offense case against a deputy of the Parliament of the Republic of Kazakhstan, Chairman, Deputy Chairman or judge of the Constitutional Court of the Republic of Kazakhstan, judge, Prosecutor General of the Republic of Kazakhstan, Commissioner for Human Rights in the Republic of Kazakhstan

Footnote. Heading as amended by the Law of the Republic of Kazakhstan dated December 29, 2021 № 92-VII (shall be enforced six months after the day of its first official publication); dated 05.11.2022 № 158-VII (shall be enforced from 01.01.2023).

1. Consideration of a case shall be carried out in general with special aspects of the proceeding on cases of the persons having privileges and immunity from administrative liability.

2. As a measure to ensure the proceedings on an administrative offense, the judge has the right to apply the bringing to court to a deputy of the Parliament of the Republic of Kazakhstan, the Chairman, the Deputy Chairman or a judge of the Constitutional Court of the Republic of Kazakhstan, a judge, the Prosecutor General of the Republic of Kazakhstan, the Commissioner for Human Rights in the Republic of Kazakhstan, applying with a recommendation to give a consent to this in accordance with the procedure provided for in part two of Article 870, part two of Article 874-1 of this Code, if in giving consent to the bringing by state bodies, specified in paragraph 4 of Article 52, paragraph 5 of Article 71, paragraph 2 of Article 79, paragraph 3 of Article 83 of the Constitution of the Republic of Kazakhstan, prior to the consideration of the case, it was refused by the judge or such consent was not requested.

Footnote. Article 875 as amended by the Law of the Republic of Kazakhstan dated 29.12.2021 № 92-VII (shall be enforced six months after the day of its first official publication); dated 05.11.2022 № 158-VII (shall be enforced from 01.01.2023).

Article 876. Persons having diplomatic immunity from administrative liability

1. In accordance with the legislation of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan, the following persons shall enjoy immunity from administrative liability in a judicial proceeding in the Republic of Kazakhstan:

1) the heads of diplomatic representatives of foreign states, the members of diplomatic personnel of these representatives and their family members, if they reside jointly with them and are not citizens of the Republic of Kazakhstan;

2) on the basis of mutuality, the employees of service personnel of diplomatic representatives and their family members residing jointly with them, if these employees and their family members are not citizens of the Republic of Kazakhstan or do not reside on a permanent basis in Kazakhstan, heads of consular agencies and other consular civil servant in respect of the acts committed by them upon execution of employment duties, unless otherwise provided by the international treaty of the Republic of Kazakhstan;

3) on the basis of mutuality, the employees of administrative and technical personnel of diplomatic representatives and their family members residing jointly with them, if these employees and their family members are not citizens of the Republic of Kazakhstan or do not reside on a permanent basis in Kazakhstan;

4) the diplomatic couriers;

5) the heads and representatives of foreign states, members of parliamentary and governmental delegations, and on the basis of mutuality – the employees of delegations of foreign states arriving to Kazakhstan for participation in international negotiations, international conferences and meetings or with other official instructions, or travelling through the territory of the Republic of Kazakhstan for the same purposes and family members of the mentioned persons that accompany them, if these family members are not citizens of the Republic of Kazakhstan;

6) the heads, members and personnel of the representatives of foreign states in international organizations, the civil servants of these organizations located in a territory of the Republic of Kazakhstan on the basis of international treaties or generally accepted international customs;

7) the heads of diplomatic representative, members of diplomatic personnel of representatives of foreign states in a third country travelling through the territory of the Republic of Kazakhstan, and their family members that accompany the mentioned persons or that travel separately for joining them or for the purpose of returning to own country;

8) other persons in accordance with an international treaty of the Republic of Kazakhstan.

2. The persons mentioned in subparagraphs 1), 4) – 7) of part one of this Article, as well as the persons in accordance with an international treaty of the Republic of Kazakhstan may be brought to administrative liability only in the case if the foreign state represents formal waiver of immunity from administrative liability. The issue on such waiver shall be solved upon presentation of the General Prosecutor of the Republic of Kazakhstan through the Ministry of foreign Affairs of the Republic of Kazakhstan by diplomatic means. In the absence of waiver of the relevant foreign state of immunity of the mentioned persons, the administrative proceeding in respect of them may not be initiated, and the initiated proceeding – shall be subject to termination.

3. The rules of part two of this Article shall not apply to the persons mentioned in subparagraphs 2) and 3) of part one of this Article, with the exception of cases when the infraction committed by these persons is linked with execution of own employment duties and is not directed against the interests of the Republic of Kazakhstan, unless otherwise provided by the international treaty of the Republic of Kazakhstan.

Article 877. Search, administrative detention and bringing of persons enjoying diplomatic immunity

1. The persons listed in subparagraphs 1), 4) – 7) of part one of Article 876 of this Code, as well as other persons in accordance with international treaties of the Republic of Kazakhstan shall enjoy personal inviolability. In existence of documents being in their possession confirming their status of persons enjoying diplomatic immunity, they may not be subject to personal inspection, detained or subjected to bringing for commission of an administrative infraction. Search of the things being in their possession also may not be carried out.

2. If the foreign state represents formal waiver of immunity from administrative liability of the persons mentioned in subparagraphs 1), 4) – 7) of part one of Article 876, the proceeding on case shall be carried out according to the standard procedure.

Article 878. Diplomatic immunity from testimony

1. The persons listed in subparagraphs 1), 3) – 6) of part one of Article 876 of this Code, as well as other persons in accordance with the international treaty of the Republic of Kazakhstan may not give testimony as a witness, injured party, and when approved to give such testimony – are not obliged to appear to a judge, body (civil servant) considering a case on administrative infraction. Call for interrogation delivered to mentioned persons shall not contain notifications on a possibility of applying compulsory measures for their non-appearance.

2. In case if these persons gave testimony as injured parties, witnesses in the course of administrative proceeding, and did not appear during consideration of a case, the judge, body (civil servant) considering the case on administrative infraction shall announce their testimony.

3. The persons mentioned in subparagraph 2) of part one of Article 876 of this Code may not refuse from giving testimony as witnesses and injured parties, except for the testimony on the issues linked with execution of their employment duties. In case of refusal of consular civil servants to give witness statements, the measures of ensuring a case on administrative infraction may not be applied to them.

4. The persons enjoying diplomatic immunity shall not be obliged to represent correspondence and other documents related to execution of employment duties by them to a judge, body (civil servant) considering a case on administrative infraction.

Article 879. Diplomatic immunity of premises and documents

1. Residency of a head of diplomatic representative, premise, occupied by diplomatic representatives, living quarters of members of diplomatic personnel and their family members, the property in their possession and means of transportation are inviolable. Access to these premises, their survey, as well as search of means of transportation may be carried out only in the consent of a head of diplomatic representative or a person substituting him (her).

2. On the basis of mutuality, the immunity provided by a part one of this Article shall apply to living quarters occupied by employees of service personnel of a diplomatic representative and their family members that reside jointly with them, if these employees and their family members are not the citizens of the Republic of Kazakhstan.

3. The premise occupied by a consular agency and residency of a head of consular agency shall enjoy inviolability on the basis of mutuality. Access to these premises, their survey may take place only upon request or with the consent of a head of consular agency or diplomatic representative of the relevant foreign state.

4. Archives, official correspondence and other documents of diplomatic representatives and consular agencies are inviolable. They may not be subjected to survey and withdrawal without the consent of a head of diplomatic representative, consular agency. Diplomatic mail shall not be subject to printing and detention.

5. Consent of a head of diplomatic representative or consular agency to access to the premises mentioned by parts one, two and three of this Article, performance of survey, as well as to survey and seizure of documents mentioned in a part four of this Article shall be requested by a prosecutor through the Ministry of Foreign Affairs of the Republic of Kazakhstan.

6. In case of receipt of request or consent of a head of diplomatic representative or consular agency to access to premises, performance of survey, as well as survey and seizure of documents mentioned in a part four of this Article shall be carried out in the presence of a prosecutor and representative of the Ministry of Foreign Affairs of the Republic of Kazakhstan.

Chapter 50. INTERACTION OF BODIES CARRYING OUT THE
ADMINISTRATIVE INFRACTION PROCEEDING, WITH COMPETENT
INSTITUTIONS AND CIVIL SERVANTS OF FOREIGN STATES ON
CASES ON ADMINISTRATIVE INFRACTIONS Article 880. General conditions of rendering of legal assistance on cases on administrative infractions

1. In accordance with rendering of legal assistance to courts, bodies (civil servants) of foreign states with which the Republic of Kazakhstan concluded the international treaty on legal assistance, or on the basis of interaction, the actions provided by this Code, as well as the other actions provided by other Laws and international treaties of the Republic of Kazakhstan may be conducted.

2. In case if the provisions of international treaty ratified by the Republic of Kazakhstan contradict this Code, the provisions of the international treaty shall be applied.

3. The costs linked with rendering of legal assistance shall be incurred by requested institution in a territory of own state, unless otherwise provided by the international treaty of the Republic of Kazakhstan.

Article 881. Direction of requests on provision of information and documents and instructions on conduct of separate procedural actions

1. Requests on provision of information and documents, instruction on conduct of separate procedural actions may be directed between courts, bodies (civil servants) in cases provided by international treaties ratified by the Republic of Kazakhstan.

2. In cases when it is impossible to determine to which court, body it is necessary to direct a request on provision of information and documents, instruction on conduct of separate procedural actions, they shall be directed to the central body of Requested Party.

3. Request on provision of information and documents, instruction on conduct of separate procedural actions shall be drawn up in written in a form of a body and shall contain:

1) name of requested body of the relevant Party;

2) name of requesting body of the relevant Party;

3) detailed description of an infraction and other facts related to it, data on costs of goods, on extent of damage, legal qualification of the act in accordance with the legislation of Requesting Party accompanied by a text of applied Law;

4) names, patronymics (when available) and last names of persons in respect of whom the administrative infraction proceeding is conducted, witnesses, their place of residence or place of stay, citizenship, occupation, place and date of birth, for legal entities – their full name and location (if there is information on listed details);

5) instruction on delivery of a document shall contain exact address of a recipient and name of delivered document;

6) list of details and actions subjected to representation or execution (for interrogation it is necessary to state which circumstances should be investigated and clarified, as well as a sequence and wording of the questions that shall be raised to a respondent).

4. Request on provision of information and documents, instruction on conduct of separate procedural actions may also contain:

1) specification of a term for execution of required measures;

2) petition on conduct of the measures mentioned in the request in a certain manner;

3) petition on a provision of possibility to representatives of bodies of Requesting Party to attend during performance of the measures mentioned in the request, as well as to participate in their performance if it is not inconsistent with the legislation of Parties;

4) other petitions linked with performance of a request, instruction.

5. The request on provision of information and documents, instruction on conduct of separate procedural actions shall be signed by a head of requesting body or his (her) deputy. The request, instruction shall be accompanied by available copies of documents to which there are references in a text of the request, instruction, copies of the other documents required for their proper execution.

6. Bodies of the Parties may send procedural documents by mail directly to participants of the administrative infraction proceeding being in a territory of the other Party.

7. Direction of repeated request on provision of information and documents, instruction on conduct of separate procedural actions on cases on administrative infractions shall be allowed upon necessity of receiving additional details, clarification of information received within the execution of previous request or instruction.

Article 882. Procedure for execution of requests on provision of information and documents and instructions on conduct of separate procedural actions

1. The court, body (civil servant) shall execute instructions of the relevant institutions and civil servants of foreign states transferred to them in established manner on the proceeding of procedural actions as a general rule of this Code.

2. Upon execution of an instruction, the procedural rules of foreign state may be applied if it is provided by the international treaty of the Republic of Kazakhstan with this state.

3. In cases provided by the international treaty, the representative of a competent institution of the other state may attend upon execution of an instruction.

4. If the request (instruction) may not be executed, the received documents shall be returned to the foreign institution from which the instruction was originated specifying reasons that obstructed its execution. The instruction shall be returned, if its execution may cause damage to sovereignty or security or contradicts the legislation of the Republic of Kazakhstan.

SECTION 5. EXECUTION OF DECREES ON IMPOSITION OF
ADMINISTRATIVE SANCTIONS
Chapter 51. GENERAL PROVISIONS Article 883. Entering of a decree on case on administrative infraction, prescription on necessity to pay a fine into legal force

The decree on a case on administrative infraction, prescription on necessity to pay a fine shall enter into legal force:

1) upon expiration of the term established for appealing the decree on case on administrative infraction, prescription on necessity to pay a fine, if it was not appealed or protested;

2) without delay after issuance of a decree on a complaint, protest, as well as issuance of the decree in case provided by article 339 of this Code;

3) without delay in case provided by paragraph one, part two of article 811 of this Code;

3-1) immediately upon a written request from a person, in relation to whom proceedings are administered, and from complainant, stipulated by Articles 744 and 745 of this Code;

4) after announcement of the decree on expulsion of a foreigner or stateless person beyond the Republic of Kazakhstan.

Footnote. Article 883 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 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 884. Obligatoriness of decree on imposition of administrative sanction, prescription on necessity to pay a fine

Footnote. Title of Article 884 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

1. The decree on imposition of administrative sanction, prescription on necessity to pay a fine shall be compulsory for execution by all the state bodies, bodies of local self-government, civil servants, individuals and their associations, legal entities.

2. The decree on imposition of administrative sanction, prescription on necessity to pay a fine shall be subject to execution from the date of its entering into legal force.

3. The decree on imposition of administrative sanction in the form of deprivation of a special right and administrative arrest shall be subject to execution from the date of issuance.

Footnote. Article 884 as amended by the laws of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 885. Recourse of decree on imposition of administrative sanction, prescription on necessity to pay a fine to execution

Recourse of decree on imposition of administrative sanction, prescription on necessity to pay a fine to execution shall be assigned on a judge, body (civil servant) that issued the decree, or body that drew up the prescription. The decree shall be directed to a body (civil servant) authorized to carry it into execution within a day from the date of its entering into legal force. The decree on imposition of administrative infraction in the form of deprivation of the special right shall be directed to bodies authorized to carry it into execution immediately after its issuance.

Footnote. Article 885 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 886. Carrying a decree on imposition of administrative sanction, prescription on necessity to pay a fine into execution

Footnote. Title of Article 886 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

1. The decree on imposition of administrative sanction, prescription on necessity to pay a fine shall be carried into execution by authorized bodies in the manner established by this Code.

2. In case of issuance of several decrees on imposition of administrative sanctions, prescriptions on necessity to pay a fine in respect of one person, each decree, prescription shall be carried into execution on an independent basis.

3. Avoidance of a person from administrative sanction shall entail execution of this sanction in a compulsory manner in accordance with the legislation.

Footnote. Article 886 as amended by the laws of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 887. Solution of issues linked with execution of a decree on imposition of administrative sanction, prescription on necessity to pay a fine

Footnote. Title of Article 887 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

1. The body (civil servant) that issued a decree on imposition of administrative sanction, or body, that drew up a prescription on necessity to pay a fine shall be assigned to solve the issues linked with execution of this decree, prescription and control of its execution.

2. The issues on deferral, installment, suspension or termination of executing a decree on imposition of administrative infraction, prescription on necessity to pay a fine as well as on recover of a fine imposed on a minor person from his (her) parents or persons substituting them, shall be considered by a judge, body (civil servant) that issued the decree, drew up the prescription, within three days term from the date of occurrence of the ground for solution of the relevant issue.

3. The persons interested in solution of the issues mentioned in a part two of this Article shall be notified on place and time of their consideration. By this, non-appearance of interested persons without reasonable excuses is not an impediment for solution of the relevant issues. Upon consideration of the issue on avoidance from serving administrative arrest, the appearance of the person subjected to administrative arrest shall be compulsory.

4. Solution on the issues mentioned in a part two of this Article shall be adopted in the form of decree.

5. Copy of a decree shall be delivered immediately to an individual or representative of legal entity in respect of whom it is issued, as well as to an injured person upon his (her) request against receipt. In case of absence of mentioned persons, the copy of a decree shall be sent within three days from the date of its issuance, whereat the relevant record shall be made in a case.

Footnote. Article 887 as amended by the laws of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 888. Deferral and installment of execution of a decree on imposition of administrative sanction, prescription on necessity to pay a fine

Where there are circumstances making enforcement of an order to pay penalty, judgement on imposition of administrative penalty in the form of administrative arrest, deprivation of a special right, or a penalty impossible within the terms established by the law, a judge, authority (executive officer) who has passed judgement, or a authority that executed order may, upon application from a person in relation to whom judgement is passed, order executed, defer execution of the judgement, order for a term up to one month. In consideration of the financial standing of a person brought to administrative responsibility, payment of a penalty may be deferred by a judge, authority (executive officer) who passed judgement, or a authority that executed order, for a term up to three months.

Footnote. Article 888 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 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 889. Release from execution of administrative sanction

The judge, body (civil servant) that issued a decree on imposition of administrative sanction, or body that drew up the prescription on necessity to pay a fine shall terminate execution of the decree, the prescription and release from administrative sanction in cases of:

1) repeal of the Law or its separate provisions establishing administrative liability;

2) provided by a part two of Article 8 of this Code;

3) death of a person brought to administrative liability or declaring him (her) decedent in the manner established by the Law;

4) expiration of the term of limitation of execution of a decree on imposition of administrative sanction, a prescription on necessity to pay a fine established by Article 890 of this Code;

5) provided by the legislative act of the Republic of Kazakhstan on coming of the Code of the Republic of Kazakhstan “On taxes and other compulsory payments to budget” (Tax Code) into effect.

Footnote. Article 889 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 890. Limitation of execution of a decree on imposition of administrative sanction, prescription on necessity to pay a fine

Footnote. Title of Article 890 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

1. The decree on imposition of administrative sanction, the prescription on necessity to pay a fine shall not be subject to execution, if it was not carried into execution within a year from the date of entering into legal force, and for infractions in the field of tax assessment and antimonopoly legislation of the Republic of Kazakhstan within five years from the date of its entering into legal force.

2. In case of suspension of the execution of a decree in accordance with Article 834 of this Code, the running of period of limitation shall be suspended until consideration of a complaint, an appellate petition, protest of a prosecutor.

3. Running of the term of limitation provided in a part one of this Article, shall be revived if the person brought to administrative liability avoids its execution. Calculation of the term of limitation in this case shall be restored from the date of detection of this person.

4. In case of deferral of execution of a decree in accordance with Article 888 of this Code, running of the term of limitation shall be suspended until expiration of the term for deferral, and upon execution of the decree by installments, running of the tem of limitation shall be extended for the term of deferral.

Footnote. Article 890 as amended by the laws of the Republic of Kazakhstan dated 29.10.2015 № 376-V (shall be enforced from 01.01.2016); dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 891. Completion of the proceeding on execution of a decree on imposition of administrative sanction

1. The decree on imposition of administrative sanction according to which the sanction is collected in full, shall be returned by a body executing the decree to a judge (body) that issued the decree with a note on collected sanction.

2. The decree on imposition of administrative sanction according to which the execution was not carried out or the execution is carried not in full, shall be returned to a body (civil servant) that issued the decree, drew up a protocol on administrative infraction, in cases and in the manner provided by the Law of the Republic of Kazakhstan “On execution proceeding and status of officers of justice”.

Chapter 52. PROCEDURE FOR EXECUTION OF SEPARATE TYPES
OF ADMINISTRATIVE INFRACTIONS Article 892. Execution of a decree on imposition of administrative sanction in form of notification

Footnote. Title of Article 892 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

The decree on imposition of administrative sanction in the form of a notification shall be executed by a judge, body (civil servant) that issued the decree by delivering or sending copies of the decree in accordance with Article 823 of this Code.

Footnote. Article 892 as amended by the laws of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 893. Voluntary execution of a decree on imposition of fine, prescription on necessity to pay a fine

1. Fine shall be subject to payment by a person brought to administrative liability no later than thirty days from the date of entering of the decree on imposition of fine, the prescription on necessity of payment a fine into legal force.

In case of deferral provided by Article 888 of this Code, the fine shall be subject to payment by a person brought to administrative liability from the date of expiration of the term for deferral.

2. A penalty imposed for commitment of administrative infraction shall be paid by an individual or be transferred by a legal entity to the state budget in accordance with the procedures established by the laws of the Republic of Kazakhstan.

Footnote. Article 893 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 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 894. Compulsory execution of a decree on imposition of a fine on an individual, individual entrepreneur, private notary officer, private court bailiff and advocate, prescription on necessity to pay the fine

Footnote. Title of Article 894 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

1. The decree on imposition of a fine or prescription on necessity to pay the fine shall be directed by a court, authorized body (civil servant) to administration of the organization when the person brought to liability works or receives remuneration, pension, scholarship for deduction of the fine amount in compulsory manner from his (her) salary or other incomes. Deduction of the fine shall be carried out within the term not exceeding six months. The priority of recovery of the fine shall be carried out in the manner provided by the Civil Code of the Republic of Kazakhstan.

2. In cases of dismissal of a person brought to administrative liability from work or impossibility to recover a fine from his (her) salary or other incomes, the administration of an organization shall return the decree on imposition of a fine, prescription on necessity to pay the fine to a court, body (civil servant) that issued the decree, within the term of ten days from the date of dismissal or occurrence of the event entailing impossibility of recovery, with specification of new place of work of the person brought to liability (if available), the reasons of impossibility of recovery, as well as with a note on performed deductions (if such were performed).

3. If the individual subjected to fine is not employed or recovery of the fine from salary or other incomes is impossible by other reasons, the decree on imposition of the fine, prescription on necessity to pay the fine shall be directed by a court, authorized body that issued the decree to an officer of justice for compulsory execution in the manner provided by the legislation of the Republic of Kazakhstan.

4. The decree on imposition of a fine on administrative infractions considered by the state revenues bodies, as well as on other administrative infractions in the field of tax assessment in respect of individual entrepreneurs, private notary officers, judicial enforcement agent and advocates shall be executed by the state revenues bodies in the manner established by the tax legislation of the Republic of Kazakhstan.

Footnote. Article 894 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 895. Compulsory execution of a decree on imposition of a fine on a legal entity

1. The decree on imposition of a fine shall be directed by a court, authorized body (civil servant) to an officer of justice for withdrawal of money from banking account of a legal entity without its consent in the manner established by the civil legislation of the Republic of Kazakhstan, legislation of the Republic of Kazakhstan on payment and money transfers on execution proceeding and status of officers of justice.

The decree on imposition of a fine on administrative infractions considered by the state revenues bodies, as well as on other administrative infractions in the field of tax assessment shall be executed by the state revenues bodies in the manner established by the tax legislation of the Republic of Kazakhstan.

2. The bank or organization carrying out other types of banking operations shall be obliged to transfer fine amount to the budget in established manner.

3. In case of absence of money on accounts of a legal entity, the officer of justice shall levy execution upon other property belonging to a debtor in accordance with the Laws of the Republic of Kazakhstan.

Footnote. Article 895 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); dated 26.07.2016 № 12-VІ (shall be enforced upon expiry of thirty calendar days after its first official publication).

Article 896. Procedure for direction of a decree on imposition of a fine, prescription on necessity to pay the fine for compulsory execution

Footnote. Title of Article 896 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

1. The decree on imposition of a fine or prescription on necessity to pay the fine shall be directed to officers of justice, regional chambers of private court bailiffs in manner established by the Law of the Republic of Kazakhstan "On execution proceeding and officers of justice status", within ten days after expiration of the term for voluntary execution of the decree on imposition of the fine or prescription on necessity to pay the fine.

The decree on imposition of a fine or prescription on necessity to pay the fine may be directed for compulsory execution in electronic document which is certifies with electronic digital signature of a judge, civil servant of authorized body.

Upon direction of a decree on imposition of a fine or prescription on necessity to pay the fine to an officer of justice and regional chambers of private court bailiff, it shall be accompanied by details on non-receipt of the fine amount to the state revenues.

2. The decree on imposition of a fine, prescription on necessity to pay the fine directed for compulsory execution with violation of the requirements of this Code shall be subject to return to the state body that imposed administrative sanction.

3. Return of a decree on imposition of a fine, prescription on necessity to pay the fine to a body that imposed administrative sanction is not an impediment for their repeated direction for compulsory execution with the eliminated shortcomings.

Footnote. Article 896 as amended by the laws of the Republic of Kazakhstan dated 29.10.2015 № 376-V (shall be enforced from 01.01.2016); dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 897. Procedure for execution of separate types of administrative sanctions

1. A person who admitted the fact of commitment of an infraction and agreed with payment of a penalty on the basis of notification and (or) notice of appearance at a state revenue authority sent (delivered) by a state revenue authority in accordance with the laws of the Republic of Kazakhstan received, shall pay penalty within ten days after the day following the day of receipt (delivery) of notification or notice at the amount of fifty per cent of the amount of penalty specified in sanction of article of Special Part of this Code.

1-1. Provision of the first part of this Article in relation to reduction of the amount of administrative penalty shall not apply to administrative infractions stipulated by Articles 91 (part six, seven and eight), 92 (part two, three and four), 92-1, 266, 275 (part one, two and five), 278 (part two and three), 279 (part one), 280, 282 (part five), 537, 551 of this Code.

2. The documents mentioned in a part one of this Article shall also contain details on date of issuance, position, last name, initials of a civil servant that imposed the sanction, details on a person brought to administrative liability, Article of this Code providing the liability for this infraction, time and place of commission of the administrative infraction, amount of administrative fine, requisite elements for paying the fine.

3. In case of non-performance of the requirement established by a part one of this Article, the administrative infraction proceeding shall be carried out in the manner provided by this Code.

Footnote. Article 897 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

Article 898. Completion of proceeding on execution of a decree on imposition of a fine

The decree on imposition of a fine on which recovery of fine is carried out in full, shall be returned to a body (civil servant) that issued the decree with a note on execution.

Article 899. Execution of a decree on confiscation of a subject that is a tool or subject for commission of administrative infraction, and equally of property received due to commission of administrative infraction

1. The decree of a judge on confiscation of a subject that is a tool or subject for commission of administrative infraction, as well as property including incomes (dividends), money and securities received due to commission of administrative infraction, shall be executed in the manner provided by the legislation by an officer of justice, and on confiscation of weapons, ammunition, special technical means for conduct of special operational investigative measures and encryption-based means of information protection and narcotic drugs – by the internal affairs body.

2. Selling or further use of confiscated subject that is a tool or subject of commission of administrative infraction shall be carried out in the manner established by the Government of the Republic of Kazakhstan.

Article 900. Bodies executing a decree on deprivation of the special right

1. The decree of judge on deprivation of the right of operating transport vehicles, with the exception of tractors, self-propelled vehicles and other types of technology shall be executed by civil servants of the internal affairs bodies.

2. The decree of judge on deprivation of the right of operating tractors, self-propelled vehicle or other types of technology shall be executed by civil servants of the bodies carrying out state supervision of technical condition of the self-propelled vehicles and other types of technology.

3. The decree of judge on deprivation of the right of operating vessels, including small size vessels shall be executed by civil servants of the bodies carrying out the state supervision of compliance with the rules of using vessels, including small size vessels.

4. Is excluded by the Law of the Republic of Kazakhstan dated 28.12.2017 № 128-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

5. The decree of judge on deprivation of the right of hunting shall be executed by civil servants of the bodies carrying out the state supervision of compliance with the hunting regulations.

6. The decree of judge on deprivation of the right of bearing and keeping weapons shall be executed by civil servants of the internal affairs bodies.

Footnote. Article 900 as amended by the laws of the Republic of Kazakhstan dated 28.12.2017 № 128-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 901. Procedure for execution of a decree on deprivation of the special right

1. Execution of a decree on deprivation of the right of operating transport vehicles, vessels or other types of technology shall be carried out by withdrawal of driving license respectively for the right to operate vessels, including small size vessels, or certificate of a tractor driver (tractor operator), if the driver, navigator or tractor driver (tractor operator) are deprived of the right of operation of all the types of transport vehicles, vessels (including small size vessels) and other technology.

2. If the driver, navigator or tractor driver (tractor operator) are deprived of the right of operating not all the types of transport vehicles, vessels, including small size vessels, or another technology, it shall be stated in a driving license, certificate for the right of operation of small size vessel or in a certificate of a tractor driver (tractor operator) by which types of transport vehicles, small size vehicles, self-propelled devices they are deprived of the right to operate.

3. Procedure for withdrawal of a certificate for the right of operation of transport vehicles or vessel shall be established by the authorized body.

4. In case of avoidance of a driver (navigator) or a tractor driver (tractor operator) deprived of the right of operation of transport vehicles, vessel or right of operation of a tractor or other self-propelled vehicle from delivery of the driving license, certificate for the right of operating a vessel or certificate of a tractor driver (tractor operator), the internal affairs bodies, bodies carrying out state supervision of compliance with the rules of using the vessels, including small size vessels, as well as bodies carrying out state supervision of technical condition of self-propelled machines and other types of technology shall carry out withdrawal of the driving license, certificate for the right of operating a vessel or certificate of a tractor driver (tractor operator) in established manner.

5. Upon expiration of the term of deprivation of the special right, the withdrawn documents shall be returned to a person subjected to this type of administrative sanction in established manner.

Article 902. Procedure for execution of a decree on deprivation of the right of hunting

1. Execution of a decree on deprivation of the right of hunting shall be carried out by withdrawal of hunting permit.

2. In case of avoidance of a person deprived of the right of hunting from delivery of hunting permit, the withdrawal of the hunting permit shall be carried out by the bodies carrying out state supervision of compliance with the hunting regulations in established manner.

Article 903. Procedure for execution of a decree on deprivation of the right of operating radio electronic means or high frequency devices

Footnote. Article 903 is excluded by the Law of the Republic of Kazakhstan dated 28.12.2017 № 128-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 904. Procedure for execution of a decree on deprivation of the right of bearing and keeping weapons

Execution of a decree on deprivation of the right of bearing and keeping weapons shall be carried out by withdrawal of the relevant certificate and weapons by internal affairs bodies in the manner provided by the legislation.

Article 905. Execution of a decree on deprivation of a permit or suspension of its validity

The decree on deprivation of a permit of an individual, individual entrepreneur or legal entity or suspension of its validity shall be enforced in the manner established by this Code and legislation on permissions and notifications.

Article 906. Bodies executing a decree on deprivation of a permit or suspension of its validity

The decree on deprivation of a permit of an individual, individual entrepreneur or legal entity or suspension of its validity shall be enforced by civil servants of the bodies that issued the permit.

Article 907. Procedure for execution of a decree on deprivation of a permit or suspension of its validity

1. Execution of a decree on deprivation of a permit of an individual, individual entrepreneur or legal entity shall be carried out by withdrawal of the permit and (or) exclusion of the permit from the state electronic register of permissions and notifications.

2. In case of avoidance of an individual, individual entrepreneur or legal entity from delivery of the permit, the body that issued the permit shall take measures provided by the legislation for withdrawal of the permit and exclusion of the permit from the state electronic register of permissions and notifications.

Article 908. Calculation of terms of deprivation of a permit or suspension of its validity

1. The term of deprivation of a permit or suspension of its validity shall be calculated from the date of entering of a decree on deprivation (suspension of validity) of the permit into legal force.

2. Upon expiry of the term of deprivation of a permit for particular type of activity, the person subjected to this measure of administrative sanction shall obtain a license in the manner established by the legislation.

Upon expiry of the term of validity of a permit, the withdrawn permit shall be returned to a person subjected to this measure of administrative sanction in established manner.

3. The validity of a permit shall be suspended from the date stated in a decree on imposition of administrative sanction and for the term stated there.

Article 909. Execution of a decree on suspension or prohibition of activity

1. Judgement on imposition of administrative punishment in the form of suspension or prohibition of activities of a legal entity or an individual entrepreneur shall be passed by a judge, authority (executive officer) authorized to consider cases on administrative infractions, and shall be subject to execution by the legal entity or the individual entrepreneur immediately after the judgement comes into legal force.

2. During suspension of the activities of a legal entity and an individual entrepreneur, their right to use the money in their bank accounts shall be suspended, with the exception of payments for compensation for harm caused to life and health, collection of alimony, wages and compensation to persons working under an employment contract, social contributions, mandatory pension contributions, mandatory professional pension contributions, payment of taxes and other mandatory payments to the budget, payment of fines. During the period of suspension of the activities of a public association, it shall be prohibited to use mass media, conduct campaigning and propaganda, organize and hold peaceful assemblies and other mass events, and taking part in elections. If, during the established suspension period the public association eliminated the violation, then after expiry of the period specified in the resolution, the public association resumes its activities.

3. In case of failure to execute voluntary an administrative punishment in the form of suspension or prohibition of activities, imposed by a judge, authority (executive officer) authorized to consider cases on administrative offense, by the founder (executive board, executives) of a legal entity or by the individual entrepreneur, the judgement shall be enforced according to the procedures of enforcement proceeding by an authorized authority.

Footnote. Article 909 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); dated 25.05.2020 № 334-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 19.06.2024 № 95-VIII (effective sixty calendar days after the date of its first official publication).

Article 910. Procedure for execution of a decree on suspension or prohibition of activity

1. Authorized civil servant shall suspend work of organizations, separate enterprises, shall prohibit operation of buildings, constructions, separate premises, warehouses, electric networks, heating devices in part or in full.

2. After receipt of a decision on prohibition of activity (liquidation) of a legal entity, the body carrying out registration of legal entities shall check compliance with the procedure for prohibition of activity (liquidation) provided by the legislation and within ten days shall register termination of activity of the legal entity, whereat the authorized body in the field of state statistics shall be notified.

Article 910-1. Termination of a decree on suspension of validity of a permit (of separate subspecies), also decree on suspension of activity or its separate types

1. Execution of a judgement on suspension of a permit of (its separate subtype), as well as of a judgement on suspension of activities or their separate types, provided for by Articles 187 (parts two and four), 281 (part three), 282 (parts five and twelve), 333 (part two), 426 (part two), 427 (part one), 445 (parts one, two, three, four, five, six, seven, eight, nine and ten), 445-1 (parts one, two, three and four), 462 (part three), 464 (part one), 484 (part one), 485 (part one), 485-1 (part one), 489-1 (part two) of this Code, may be early terminated by a judge, authorized body (executive officer) who imposed such administrative sanction, on the basis of a request from a person brought to administrative responsibility or its representative (legal representative) in case of identification of elimination of circumstances which served as a basis for imposition of a sanction.

2. The court, the body (civil servant) that imposed an administrative sanction in the form of on suspension of validity of a permit (separate subspecies), as well as suspension of activity or its separate types on the day of receipt of the petition, within two days shall direct a request to draw up a protocol on an administrative infraction, on giving an opinion on the elimination of violations to a civil servant authorized in accordance with Article 804 of this Code.

3. Upon receiving of a relevant request for the purpose of preparing a conclusion, the civil servant shall verify the elimination of the circumstances that served as the ground for imposition an administrative sanction provided by part one of this Article.

The conclusion shall be submitted in written form within five days from receipt of a request.

Specified conclusion is not mandatory for a court, body (civil servant), but disagreement with the conclusion must be motivated.

4. The petition shall be considered by a court, body (civil servant), that appointed an administrative sanction provided for by part one of this Article, within ten days from the date of receipt of a petition in the procedure provided by Chapter 44 of this Code. Herewith, a person shall be summoned, that is brought to administrative liability or his representative (legal representative), who shall have the right to give explanations and submit documents for participation in considering of a petition.

5. After examination of the submitted documents, the court, body (civil servant) a decree on satisfying or on refusal from their satisfaction shall be issued.

6. The decree on pre-term termination of execution an administrative sanction in the form of suspension of validity of a permit (separate subspecies), as well as suspension of activity or its separate types shall included details provided by Article 822 of this Code, as well as the date of renewal of validity of a permit (separate subspecies) or renewal of previously suspended activity.

7. The decision on the refusal in satisfaction of the petition on early termination of execution an administrative sanction in the form of suspension of validity of a permit (separate subspecies), as well as suspension of activity or its separate types, shall not be subject to appeal.

Footnote. Chapter 52 as amended by Article 910-1 in accordance with the Law of the Republic of Kazakhstan dated 28.12.2017 № 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); dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 11.07.2022 № 137-VII (shall be enforced sixty calendar days after the date of its first official publication).

Article 911. Execution of a decree on compulsory demolition of a building

1. The court decree on compulsory demolition of illegally constructing or constructed building shall be enforced by a person in respect of whom this administrative sanction is issued.

2. In case of failure to execute administrative sanction imposed by a court in the form of compulsory demolition of illegally constructing or constructed building on a voluntary basis, the decree shall be enforced in the manner of execution proceeding by the authorized body.

Article 912. Costs for execution of a decree on compulsory demolition of a building

Compulsory demolition of illegally constructed or constructing building shall be carried out on account of an offender.

Article 913. Execution of a decree on administrative arrest

1. The court decree on administrative arrest shall be enforced by internal affairs bodies and bodies of military police in the manner established by the legislation of the Republic of Kazakhstan.

2. Persons subjected to administrative arrest shall be detained under custody at the places determined by internal affairs bodies. Upon execution of a decree on administrative arrest, the arrested persons shall be subject to personal inspection.

Military servants shall serve administrative arrest in detention quarters.

3. Service of administrative arrest shall be carried out in accordance with the rules established by the legislation of the Republic of Kazakhstan.

Article 914. Consequences of avoidance from serving administrative arrest

If the person subjected to administrative arrest willfully leaves the place of his (her) service until expiration of the term of administrative arrest, the served sentence may be disregarded in term of administrative arrest in full or in part by a judge’s decree. By this, the judge shall establish beginning of new term for serving administrative arrest.

Article 915. Execution of a decree in a part of compensation of property damage

The decree on a case on administrative infraction in a part of compensation of property damage subjected to recovery in accordance with Article 59 of this Code shall be enforced in the manner established by the legislation.

Article 916. Execution of a decree on administrative expulsion of foreign persons and stateless persons from the Republic of Kazakhstan

1. Execution of a decree on administrative expulsion of foreign persons and stateless persons from the Republic of Kazakhstan shall be carried out by controlled independent departure of expelled person from the Republic of Kazakhstan.

Costs for expulsion shall be incurred by expelled illegal immigrants, individuals or legal entities that invited the immigrant to the Republic of Kazakhstan. In cases of absence or insufficiency of funds of mentioned persons for covering the costs for expulsion, the financing of the relevant events shall be performed on account of budget funds.

In accordance with international treaties ratified by the Republic of Kazakhstan, the organization responsible for transportation of persons from the territory of the Republic of Kazakhstan that entered without the right of entry is the transport organization that brought these persons.

2. The persons that did not execute a court decision on expulsion and that did not leave the territory of the Republic of Kazakhstan within the term stated in the decision, shall be subject to expulsion in compulsory manner under the court decision.

3. If the transfer of expelled person to a representative of foreign state is not provided by the treaty of the Republic of Kazakhstan with mentioned state, the expulsion shall be carried out at the place determined by the Frontier Service of the National Security Committee of the Republic of Kazakhstan.

4. Upon expulsion of foreign persons or stateless persons from the check point through the State Border of the Republic of Kazakhstan, the authorities of a foreign state to (through) the territory of which the mentioned person is expelled shall be notified, if the expulsion is provided by a treaty of the Republic of Kazakhstan with mentioned state.

5. Execution of a decree on administrative expulsion shall be drawn up in the form of bilateral or unilateral act.

Footnote. Article 916 as amended by the laws of the Republic of Kazakhstan dated 28.12.2017 № 127-VI (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 917. Bodies, carrying execution of a decree on administrative expulsion of foreign persons or stateless persons from the Republic of Kazakhstan

The decree on administrative expulsion of foreign persons or stateless persons from the Republic of Kazakhstan shall be executed:

1) by the Border Service of the National Security Committee of the Republic of Kazakhstan upon commission of infractions provided by Articles 510 (part four), 513 (part two), 514 (part two), 516 (part two), 517 (parts two, four, six, seven) of this Code;

2) 2) by internal affairs bodies upon commission of infractions provided for by Articles 109, 443-1 (part two), 449 (part three), 490 (parts three, seven), 495 (part two), 496 (parts two and three), 510 (part four), 517 (parts two, four, five) of this Code.

Footnote. Article 917 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2017 № 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 30.12.2016 № 41-VІ (shall be enforced from 01.01.2021).

Article 918. Execution of a decree on testing of knowledge of road traffic rules

The decree on testing of knowledge of road traffic rules shall be enforced by internal affair bodies in the manner established by the legislation.

Article 918-1. Execution of Decree on testing of knowledge of save handling rules for civil and service weapon

Footnote. Heading of Article 918-1 as amended by the Law of the Republic of Kazakhstan № 237-VI dated 18.03.2019 (shall be enforced upon expiry of ten calendar days after its first official publication).

The Decree on testing of knowledge of save handling rules for civil and service weapon rules shall be enforced by the Internal Affair Agencies in the manner established by the legislation of the Republic of Kazakhstan.

Footnote. The Code as amended by Article 918-1 in accordance with the laws of the Republic of Kazakhstan dated 22.12.2016 № 28-VІ (shall be enforced upon expiry of ten calendar days after its first official publication); № 237-VI dated 18.03.2019 (shall be enforced upon expiry of ten calendar days after its first official publication).

Chapter 53. FINAL PROVISIONS Article 919. Procedure for application of this Code

1. The decrees on a case on administrative infraction of a court, body (civil servants) authorized to consider cases on administrative infractions issued and not executed before entering of this Code into force for the purpose of their bringing in compliance with Article 5 of this Code establishing retroactive effect of the Law on administrative infractions in the case when the Law mitigates or aggravates the liability for an administrative infraction or otherwise improves the position of a person that committed the administrative infraction, shall be subject to review. Review of previously issued decrees shall be carried out by a judge of the court, civil servant of the body, that issued the decree upon application of a person in respect of whom it was issued.

2. Judicial acts, which issued before 1 January 2016, may be appealed, protested in manner, established by this Code.

Footnote. Article 919 is in the wording of the Law of the Republic of Kazakhstan dated 31.10.2015 № 378-V (shall be enforced from 01.01.2016).

Article 919-1. Suspension of the article of this Code, as well as its individual norms

Footnote. Title of Article 919-1 as amended by the Law of the Republic of Kazakhstan dated 06.02.2023 № 195-VII (shall be enforced from 01.01.2021).

Validity of Article 329 of this Code is suspended till 1 January 2018.

The effect of part two of Article 443-1 of this Code shall be suspended until January 1, 2024.

Footnote. Chapter 53 as amended by Article 919-1 in accordance with the laws of the Republic of Kazakhstan dated 08.04.2016 № 491-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 06.02.2023 № 195-VII (shall be enforced from 01.01.2021); dated 23.12.2023 № 50-VIII (effective from 01.01.2024).

Article 920. Order of entering of this Code into force

1. From the date of entering of this Code into force, it shall be deemed to have lost force:

Code of the Republic of Kazakhstan on administrative infractions dated 30 January 2001 (The bulletin of the Parliament of the Republic of Kazakhstan, 2001, № 5-6, Article 24; № 17-18, Article 241; № 21-22, Article 281; 2002, № 4, Article 33; № 17, Article 155; 2003, № 1-2, Article 3; № 4, Article 25; № 5, Article 30; № 11, Article 56, 64, 68; № 14, Article 109; № 15, Article 122, 139; № 18, Article 142; № 21-22, Article 160; № 23, Article 171; 2004, № 6, Article 42; № 10, Article 55; № 15, Article 86; № 17, Article 97; № 23, Article 139, 140; № 24, Article 153; 2005, № 5, Article 5; № 7-8, Article 19; № 9, Article 26; № 13, Article 53; № 14, Article 58; № 17-18, Article 72; № 21-22, Article 86, 87; № 23, Article 104; 2006, № 1, Article 5; № 2, Article 19, 20; № 3, Article 22; № 5-6, Article 31; № 8, Article 45; № 10, Article 52; № 11, Article 55; № 12, Article 72, 77; № 13, Article 85, 86; № 15, Article 92, 95; № 16, Article 98, 102; № 23, Article 141; 2007, № 1, Article 4; № 2, Article 16, 18; № 3, Article 20, 23; № 4, Article 28, 33; № 5-6, Article 40; № 9, Article 67; № 10, Article 69; № 12, Article 88; № 13, Article 99; № 15, Article 106; № 16, Article 131; № 17, Article 136, 139, 140; № 18, Article 143, 144; № 19, Article 146, 147; № 20, Article 152; № 24, Article 180; 2008, № 6-7, Article 27; № 12, Article 48, 51; № 13-14, Article 54, 57, 58; № 15-16, Article 62; № 20, Article 88; № 21, Article 97; № 23, Article 114; № 24, Article 126, 128, 129; 2009, № 2-3, Article 7, 21; № 9-10, Article 47, 48; № 13-14, Article 62, 63; № 15-16, Article 70, 72, 73, 74, 75, 76; № 17, Article 79, 80, 82; № 18, Article 84, 86; № 19, Article 88; № 23, Article 97, 115, 117; № 24, Article 121, 122, 125, 129, 130, 133, 134; 2010, № 1-2, Article 1, 4, 5; № 5, Article 23; № 7, Article 28, 32; № 8, Article 41; № 9, Article 44; № 11, Article 58; № 13, Article 67; № 15, Article 71; № 17-18, Article 112, 114; № 20-21, Article 119; № 22, Article 128, 130; № 24, Article 146, 149; 2011, № 1, Article 2, 3, 7, 9; № 2, Article 19, 25, 26, 28; № 3, Article 32; № 6, Article 50; № 8, Article 64; № 11, Article 102; № 12, Article 111; № 13, Article 115, 116; № 14, Article 117; № 16, Article 128, 129; № 17, Article 136; № 19, Article 145; № 21, Article 161; № 24, Article 196; 2012, № 1, Article 5; № 2, Article 9, 11, 13, 14, 16; № 3, Article 21, 22, 25, 26, 27; № 4, Article 32; № 5, Article 35, 36; № 8, Article 64; № 10, Article 77; № 12, Article 84, 85; № 13, Article 91; № 14, Article 92, 93, 94; № 15, Article 97; № 20, Article 121; № 23-24, Article 125; 2013, № 1, Article 2, 3; № 2, Article 10, 11, 13; № 4, Article 21; № 7, Article 36; № 8, Article 50; № 9, Article 51; № 10-11, Article 54, 56; № 13, Article 62, 63, 64; № 14, Article 72, 74, 75; № 15, Article 77, 78, 79, 81, 82; № 16, Article 83; № 23-24, Article 116; 2014, № 1, Article 6, 9; № 2, Article 10, 11; № 3, Article 21; № 4-5, Article 24; № 7, Article 37; № 8, Article 44, 46, 49; the Law of the Republic of Kazakhstan dated 10 June 2014 “On amendments and supplements in several legislative acts of the Republic of Kazakhstan on the issues of counteractions of legitimization (laundering) of incomes received by illegal means, and financing of terrorism” published in newspapers “Yegemen Kazakhstan” and “Kazakhstanskaya pravda” on 14 June 2014.

2. This Code shall be enforced from 1 January 2015, with exception:

1) Part 2-1 Article 1, which shall be enforced on July 1, 2020;

1-1) subparagraphs 4) and 8) part five Article 281, which shall be enforced:

for producers of oil products since January 1, 2017;

for wholesale suppliers of oil products, importers, retail sellers of oil products, oil suppliers:

since January 1, 2019 – for fuel filling station located within the capital city, cities of republican, regional and district status;

since January 1, 2021– for fuel filling stations not indicated in sub-paragraph four of this subparagraph;

2) subparagraph 6) part three of Article 282, which shall be enforced from 1 January 2016.

Footnote. Article 920 as amended by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (shall be enforced from 01.01.2015); dated 09.04.2016 № 500-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.12.2017 № 126-VI (shall be enforced from 01.01.2018); dated 30.12.2019 № 300-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).

The President
of the Republic of Kazakhstan	N. NAZARBAYEV

Об административных правонарушениях

Кодекс Республики Казахстан от 5 июля 2014 года № 235-V ЗРК.

Примечание ИЗПИ!
Для удобства пользования ИЗПИ создано Содержание

СОДЕРЖАНИЕ

Сноска. Оглавление исключено Законом РК от 02.07.2021 № 63-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).
Примечание РЦПИ!
Порядок введения в действие настоящего Кодекса см. ст. 920
Сноска:
по всему тексту Кодекса:
слова "налоговый орган", "налоговые органы", "в налоговом органе", "налогового органа", "налоговых органов", "орган налоговой службы", "органа налоговой службы", "органом налоговой службы", "органы налоговой службы", "органами налоговой службы", "органов налоговой службы" заменены словами "орган государственных доходов", "органы государственных доходов", "в органе государственных доходов", "органа государственных доходов", "органом государственных доходов", "органами государственных доходов", "органов государственных доходов";
слова "таможенный орган", "таможенные органы", "таможенного органа", "таможенному органу", "таможенных органов", "таможенным органом", "таможенными органами" заменены словами "орган государственных доходов", "органы государственных доходов", "органа государственных доходов", "органу государственных доходов", "органов государственных доходов", "органом государственных доходов", "органами государственных доходов" в соответствии с Законом РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015);
слова "инвалидам", "инвалидов", "инвалидами" заменены словами "лицам с инвалидностью", "лиц с инвалидностью", "лицами с инвалидностью" в соответствии с Законом РК от 11.07.2022 № 137-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

РАЗДЕЛ 1. ОБЩИЕ ПОЛОЖЕНИЯ
Глава 1. ЗАКОНОДАТЕЛЬСТВО
ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ

Статья 1. Законодательство Республики Казахстан об административных правонарушениях

1. Законодательство Республики Казахстан об административных правонарушениях состоит из настоящего кодекса.

2. Настоящий Кодекс основывается на Конституции Республики Казахстан, общепризнанных принципах и нормах международного права.

2-1. Внесение изменений и (или) дополнений в настоящий Кодекс осуществляется законом, не предусматривающим внесение изменений и дополнений в другие законодательные акты Республики Казахстан.

Данное положение не распространяется на случаи исключения административной ответственности, а также на проекты законов, разрабатываемых в порядке законодательной инициативы Президента Республики Казахстан.

3. Международные договорные и иные обязательства Республики Казахстан, а также нормативные постановления Конституционного Суда и Верховного Суда Республики Казахстан, регулирующие административно-деликтные правоотношения, являются составной частью законодательства об административных правонарушениях.

4. Международные договоры, ратифицированные Республикой Казахстан, имеют приоритет перед настоящим Кодексом и применяются непосредственно, кроме случаев, когда из международного договора следует, что для его применения требуется издание закона. Если международным договором, ратифицированным Республикой Казахстан, установлены иные правила, чем те, которые предусмотрены законодательством Республики Казахстан об административных правонарушениях, то применяются правила международного договора.

Сноска. Статья 1 с изменениями, внесенными Законами РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 05.11.2022 № 158-VII (вводится в действие с 01.01.2023).

Статья 2. Основание административной ответственности

Основанием административной ответственности является совершение деяния, содержащего все признаки состава правонарушения, предусмотренного в Особенной части настоящего Кодекса.

Статья 3. Действие законодательства Республики Казахстан об ответственности за административные правонарушения в пространстве

1. Лицо, совершившее административное правонарушение на территории Республики Казахстан, подлежит ответственности по настоящему Кодексу.

2. Административным правонарушением, совершенным на территории Республики Казахстан, признается деяние, которое начато или продолжилось либо было окончено на территории Республики Казахстан. Действие настоящего Кодекса распространяется также на административные правонарушения, совершенные на континентальном шельфе и в исключительной экономической зоне Республики Казахстан.

3. Лицо, совершившее административное правонарушение на судне, приписанном к порту Республики Казахстан и находящемся в открытом водном или воздушном пространстве вне пределов Республики Казахстан, подлежит административной ответственности по настоящему Кодексу, если иное не предусмотрено международным договором Республики Казахстан. По настоящему Кодексу административную ответственность несет также лицо, совершившее административное правонарушение на военном корабле или военном воздушном судне Республики Казахстан независимо от места его нахождения.

4. Вопрос об административной ответственности дипломатических представителей иностранных государств и иных иностранцев, которые пользуются иммунитетом, в случае совершения этими лицами правонарушения на территории Республики Казахстан разрешается в соответствии с нормами международного права.

Статья 4. Действие законодательства Республики Казахстан об ответственности за административные правонарушения во времени

1. Лицо, совершившее административное правонарушение, подлежит ответственности на основании законодательства, действовавшего во время совершения этого правонарушения.

2. Временем совершения административного правонарушения признается время осуществления деяния, предусмотренного Особенной частью настоящего Кодекса, независимо от времени наступления последствий.

Статья 5. Обратная сила закона об административных правонарушениях

1. Закон, смягчающий или отменяющий административную ответственность за административное правонарушение либо иным образом улучшающий положение лица, совершившего административное правонарушение, имеет обратную силу, то есть распространяется на правонарушение, совершенное до введения этого закона в действие и в отношении которого постановление о наложении административного взыскания не исполнено.

2. Закон, устанавливающий или усиливающий административную ответственность за административное правонарушение или иным образом ухудшающий положение лица, обратной силы не имеет.

Сноска. Статья 5 с изменениями, внесенными Законом РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).

Глава 2. ЗАДАЧИ И ПРИНЦИПЫ ЗАКОНОДАТЕЛЬСТВА ОБ АДМИНИСТРАТИВНЫХ
ПРАВОНАРУШЕНИЯХ

Статья 6. Задачи законодательства об административных правонарушениях

1. Законодательство об административных правонарушениях имеет задачей охрану прав, свобод и законных интересов человека и гражданина, здоровья, санитарно-эпидемиологического благополучия населения, окружающей среды, общественной нравственности, собственности, общественного порядка и безопасности, установленного порядка осуществления государственной власти и государственного управления, охраняемых законом прав и интересов организаций от административных правонарушений, а также предупреждение их совершения.

2. Для осуществления этой задачи законодательство об административных правонарушениях устанавливает основания и принципы административной ответственности, определяет, какие деяния являются административными правонарушениями и виды взысканий, налагаемых за их совершение, а также какое административное взыскание, каким государственным органом (должностным лицом) и в каком порядке может быть наложено на лицо, совершившее административное правонарушение.

Статья 7. Значение принципов законодательства об административных правонарушениях

Значение принципов законодательства об административных правонарушениях состоит в том, что их нарушение в зависимости от его характера и существенности влечет признание состоявшегося производства по делу недействительным, отмену вынесенных в ходе такого производства решений либо признание собранных при этом материалов, не имеющих силы доказательств.

Статья 8. Законность

1. Административные правонарушения, меры административного взыскания, меры обеспечения производства по делу об административном правонарушении и меры административно-правового воздействия определяются только настоящим Кодексом. Никто не может быть подвергнут административному взысканию, мерам административно-правового воздействия или мерам обеспечения производства по делу об административном правонарушении иначе как на основаниях и в порядке, установленных настоящим Кодексом.

2. Суд, органы (должностные лица), уполномоченные рассматривать дела об административных правонарушениях, при производстве по делам об административных правонарушениях обязаны точно соблюдать требования Конституции Республики Казахстан, настоящего Кодекса, иных нормативных правовых актов, указанных в статье 1 настоящего Кодекса. Конституция Республики Казахстан имеет высшую юридическую силу и прямое действие на всей территории Республики Казахстан. В случае противоречия между правилами, установленными законом и Конституцией Республики Казахстан, действуют положения Конституции.

3. Суды не вправе применять законы и иные нормативные правовые акты, ущемляющие закрепленные Конституцией Республики Казахстан права и свободы человека и гражданина. Если суд усмотрит, что закон или иной нормативный правовой акт, подлежащий применению, ущемляет закрепленные Конституцией права и свободы человека и гражданина, он обязан приостановить производство по делу и обратиться в Конституционный Суд Республики Казахстан с представлением о признании этого акта неконституционным. По получении судом решения Конституционного Суда производство по делу возобновляется.

Решения судов и органов (должностных лиц), уполномоченных рассматривать дела об административных правонарушениях, основанные на законе или ином нормативном правовом акте, признанном неконституционным, исполнению не подлежат.

4. Нарушение закона судом, органами (должностными лицами), уполномоченными рассматривать дела об административных правонарушениях, при производстве по делам об административных правонарушениях недопустимо и влечет за собой установленную законом ответственность, признание недействительными принятых актов и их отмену.

Сноска. Статья 8 с изменениями, внесенными Законом РК от 05.11.2022 № 158-VII (вводится в действие с 01.01.2023).

Статья 9. Равенство перед законом и судом

В ходе производства по делам об административных правонарушениях все равны перед законом и судом. Никто не может подвергаться какой-либо дискриминации по мотивам происхождения, социального, должностного и имущественного положения, пола, расы, национальности, языка, отношения к религии, убеждений, места жительства или по любым иным обстоятельствам.

Статья 10. Презумпция невиновности

1. Лицо, в отношении которого возбуждено дело об административном правонарушении, считается невиновным, пока его виновность не будет доказана в предусмотренном настоящим Кодексом порядке и установлена вступившим в законную силу постановлением судьи, органа (должностного лица), рассмотревшего в пределах своих полномочий дело.

В случае рассмотрения дела об административном правонарушении в порядке сокращенного производства, а также по предписанию о необходимости уплаты штрафа лицо, в отношении которого возбуждено дело об административном правонарушении, считается невиновным до момента вступления в законную силу соответствующего решения.

2. Никто не обязан доказывать свою невиновность.

3. Любые сомнения в виновности толкуются в пользу лица, в отношении которого возбуждено дело об административном правонарушении. В его же пользу должны разрешаться и сомнения, возникающие при применении законодательства об административных правонарушениях.

Сноска. Статья 10 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 11. Принцип вины

1. Физическое лицо подлежит административной ответственности только за те правонарушения, в отношении которых установлена его вина. Объективное вменение, то есть административная ответственность за невиновное причинение физическим лицом вреда, не допускается.

2. Виновным в административном правонарушении признается физическое лицо, совершившее деяние умышленно или по неосторожности.

Статья 12. Недопустимость повторного привлечения к административной ответственности

Никто не может быть повторно привлечен к административной ответственности за одно и то же правонарушение.

Сноска. Статья 12 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 13. Принцип гуманизма

Административное взыскание, применяемое к лицу, совершившему правонарушение, не может иметь своей целью причинение физических страданий или унижение человеческого достоинства.

Статья 14. Неприкосновенность личности

1. Никто не может быть подвергнут административному задержанию, приводу, доставлению в органы внутренних дел (полицию) или другие государственные органы, личному досмотру и досмотру находящихся при физическом лице вещей или иным мерам обеспечения производства по делу об административном правонарушении иначе как на основаниях и в порядке, установленных настоящим Кодексом.

2. Административный арест как мера административного взыскания может налагаться только по постановлению судьи в случаях и порядке, установленных настоящим Кодексом.

3. Каждому задержанному, подвергнутому приводу, доставленному в органы внутренних дел (полицию) или другой государственный орган, немедленно сообщаются основания задержания, привода, доставления, а также юридическая квалификация административного правонарушения, совершение которого ему вменяется.

4. Государственный орган (должностное лицо) обязан немедленно освободить незаконно задержанного, подвергнутого приводу, доставлению или находящегося под административным арестом свыше срока, предусмотренного постановлением судьи.

5. Никто из участвующих в деле об административном правонарушении лиц не может подвергаться пыткам, насилию, жестокому или унижающему человеческое достоинство обращению.

6. Совершение в процессе производства по делу об административном правонарушении против воли лица либо его представителя действий, нарушающих неприкосновенность личности, возможно только в случаях и порядке, прямо предусмотренных настоящим Кодексом.

7. Содержание лица, в отношении которого в качестве меры административного взыскания избран административный арест, а также лица, подвергнутого административному задержанию, должно осуществляться в условиях, исключающих угрозу его жизни и здоровью.

8. Вред, причиненный физическому лицу в результате незаконного административного ареста, содержания в условиях, опасных для жизни и здоровья, жестокого обращения с ним, подлежит возмещению в порядке, предусмотренном законом.

Статья 15. Уважение чести и достоинства личности

1. При производстве по делам об административных правонарушениях запрещаются решения и действия, унижающие честь или умаляющие достоинство лица, участвующего в деле, не допускаются сбор, использование и распространение сведений о частной жизни, а равно сведений личного и делового характера, которые лицо считает необходимым сохранить в тайне, для целей, не предусмотренных настоящим Кодексом.

2. Моральный вред, причиненный лицу в ходе производства по делам об административных правонарушениях незаконными действиями суда, других государственных органов и должностных лиц, подлежит возмещению в установленном законом порядке.

Статья 16. Неприкосновенность частной жизни и охрана тайны

Частная жизнь, личная, семейная, коммерческая и иная охраняемая законом тайна находятся под охраной закона. Каждый имеет право на тайну личных вкладов и сбережений, переписки, телефонных переговоров, почтовых, телеграфных и иных сообщений. Ограничения этих прав в ходе производства по делу об административном правонарушении допускаются только в случаях и порядке, прямо установленных законом.

Статья 17. Неприкосновенность собственности

1. Собственность гарантируется законом. Никто не может быть лишен своего имущества иначе как по решению суда.

2. Изъятие имущества и документов; отстранение от управления транспортным средством, маломерным судном; задержание транспортного средства, маломерного судна; досмотр транспортных средств, маломерных судов; осмотр территорий, помещений, транспортных средств, товаров, иного имущества, а также соответствующих документов, применение иных мер обеспечения производства по делу об административном правонарушении, посягающих на собственность, могут производиться только в случаях и порядке, предусмотренных настоящим Кодексом.

Статья 18. Независимость суда (судьи) и органа (должностного лица), уполномоченного рассматривать дела об административных правонарушениях

Суды (судьи) и органы (должностные лица), уполномоченные рассматривать дела об административных правонарушениях, разрешают их в условиях, исключающих постороннее воздействие на них. Какое-либо вмешательство в деятельность суда (судьи) и органа (должностного лица), уполномоченного рассматривать дела об административных правонарушениях, недопустимо и влечет установленную законом ответственность.

Статья 19. Освобождение от обязанности давать свидетельские показания

1. Никто не обязан давать показания против себя самого, супруга (супруги) и своих близких родственников, круг которых определен законом.

2. Священнослужители не обязаны свидетельствовать против доверившихся им на исповеди.

3. Уполномоченный по правам человека в Республике Казахстан не обязан давать показания об обстоятельствах, ставших известными ему в связи с исполнением им своих должностных обязанностей.

4. В случаях, предусмотренных частями первой, второй и третьей настоящей статьи, указанные лица вправе отказаться от дачи показаний и не могут быть подвергнуты за это какой бы то ни было ответственности.

Сноска. Статья 19 с изменениями, внесенными Законом РК от 29.12.2021 № 92-VII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 20. Обеспечение прав на квалифицированную юридическую помощь

1. Каждый имеет право на получение в ходе административного производства квалифицированной юридической помощи в соответствии с положениями настоящего Кодекса.

2. В случаях, предусмотренных законом, юридическая помощь оказывается бесплатно.

Статья 21. Гласность производства по делам об административных правонарушениях

1. Суд, органы (должностные лица), уполномоченные рассматривать дела об административных правонарушениях, осуществляют производство по этим делам открыто.

2. В соответствии с законом закрытое производство осуществляется в отношении дел, содержащих сведения, являющиеся государственными секретами, а также при удовлетворении судом, органом (должностным лицом), уполномоченным рассматривать дела об административных правонарушениях, ходатайства участвующего в деле лица, ссылающегося на необходимость обеспечения тайны усыновления, сохранения личной, семейной, коммерческой или иной охраняемой законом тайны, сведений об интимных сторонах жизни физических лиц либо на иные обстоятельства, препятствующие открытому разбирательству.

3. Личная переписка и личные телеграфные сообщения физических лиц могут быть оглашены при открытом производстве только с согласия лиц, между которыми происходили переписка и телеграфные сообщения. В противном случае личная переписка и личные телеграфные сообщения этих лиц оглашаются и исследуются при закрытом производстве. Указанные правила применяются и при исследовании фото– и кинодокументов, звуко– и видеозаписей, информации на электронных носителях, содержащих сведения личного характера.

4. Лица, участвующие в деле, и физические лица, присутствующие при открытом производстве, имеют право фиксировать письменно или с использованием аудиозаписи ход производства с занимаемых ими мест в помещении, где осуществляется производство. Кино– и фотосъемка, видеозапись, трансляция по радио, телевидению и интернет-ресурсам в ходе производства допускаются по разрешению суда, органа (должностного лица), уполномоченного рассматривать дела об административных правонарушениях, с учетом мнения лиц, участвующих в деле. Эти действия не должны мешать нормальному ходу производства и могут быть ограничены во времени.

Статья 22. Обеспечение безопасности в ходе производства

Производство по делам об административных правонарушениях происходит в условиях, обеспечивающих нормальную работу суда, органа (должностного лица), уполномоченного рассматривать дела об административных правонарушениях, и безопасность участников производства. В целях обеспечения безопасности судья, должностное лицо могут распорядиться о проведении проверки лиц, желающих присутствовать при производстве по делу, включая проверку документов, удостоверяющих их личность, личный досмотр и досмотр проносимых ими вещей.

Статья 23. Свобода оспаривания процессуальных решений и обжалования процессуальных действий

1. Действия органа (должностного лица), уполномоченного составлять протоколы по делам об административных правонарушениях, могут быть обжалованы, а решения суда, органа (должностного лица), уполномоченного рассматривать дела об административных правонарушениях, могут быть оспорены в порядке, установленном настоящим Кодексом.

2. Лицо, участвующее в деле, имеет право на пересмотр постановлений по делам об административных правонарушениях в порядке, установленном настоящим Кодексом.

3. Не допускается обращение жалобы во вред лицу, подавшему жалобу, или во вред лицу, в интересах которого она была подана.

Статья 24. Судебная защита прав, свобод и законных интересов лица

1. Каждый имеет право на судебную защиту своих прав и свобод. Заинтересованное лицо вправе в порядке, установленном законом, обратиться в суд за защитой нарушенных или оспариваемых прав, свобод или охраняемых законом интересов.

2. Прокурор вправе обратиться в суд с иском (заявлением) в целях осуществления возложенных на него обязанностей и для защиты прав физических лиц, организаций, общественных и государственных интересов.

3. Никому не может быть без его согласия изменена подсудность, предусмотренная для него законом.

4. Суд обязан разъяснить законному представителю лица, в отношении которого ведется производство по делу об административном правонарушении, или потерпевшего, являющихся несовершеннолетними или по своему физическому или психическому состоянию лишенных возможности самостоятельно осуществлять свои права, право, предусмотренное частью пятой статьи 683 настоящего Кодекса.

Раздел 2. АДМИНИСТРАТИВНОЕ ПРАВОНАРУШЕНИЕ И АДМИНИСТРАТИВНАЯ ОТВЕТСТВЕННОСТЬ
ОБЩАЯ ЧАСТЬ
Глава 3. АДМИНИСТРАТИВНОЕ ПРАВОНАРУШЕНИЕ

Статья 25. Административное правонарушение

1. Административным правонарушением признается противоправное, виновное (умышленное или неосторожное) действие либо бездействие физического лица или противоправное действие либо бездействие юридического лица, за которое настоящим Кодексом предусмотрена административная ответственность.

2. Административная ответственность за правонарушения, предусмотренные статьями Особенной части настоящего Кодекса, наступает, если эти правонарушения по своему характеру не влекут за собой в соответствии с законодательством уголовной ответственности.

Статья 26. Совершение административного правонарушения умышленно

Административное правонарушение признается совершенным умышленно, если физическое лицо, его совершившее, сознавало противоправный характер своего действия (бездействия), предвидело его вредные последствия и желало или сознательно допускало наступление этих последствий либо относилось к ним безразлично.

Статья 27. Совершение административного правонарушения по неосторожности

Административное правонарушение признается совершенным по неосторожности, если физическое лицо, его совершившее, предвидело возможность наступления вредных последствий своего действия (бездействия), но без достаточных к тому оснований легкомысленно рассчитывало на их предотвращение либо не предвидело возможности наступления таких последствий, хотя при должной внимательности и предусмотрительности должно было и могло их предвидеть.

Глава 4. АДМИНИСТРАТИВНАЯ ОТВЕТСТВЕННОСТЬ

Статья 28. Лица, подлежащие административной ответственности

Административной ответственности подлежат:

1) физическое вменяемое лицо, достигшее к моменту окончания или пресечения административного правонарушения шестнадцатилетнего возраста;

2) юридическое лицо.

Статья 29. Невменяемость

Не подлежит административной ответственности физическое лицо, которое во время совершения противоправного деяния, предусмотренного настоящим Кодексом, находилось в состоянии невменяемости, то есть не могло осознавать фактический характер и опасность своих действий (бездействия) или руководить ими вследствие хронического психического заболевания, временного психического расстройства, слабоумия или иного болезненного состояния психики.

Статья 30. Административная ответственность должностных лиц

Должностное лицо привлекается к административной ответственности при условии совершения административного правонарушения в связи с неисполнением или ненадлежащим исполнением им служебных обязанностей. При отсутствии этого обстоятельства должностное лицо, виновное в совершении административного правонарушения, подлежит ответственности на общих основаниях.

Примечание. Должностными лицами в настоящем Кодексе признаются лица, постоянно, временно или по специальному полномочию осуществляющие или осуществлявшие на момент совершения административного правонарушения функции представителя власти либо выполняющие или выполнявшие на момент совершения административного правонарушения организационно-распорядительные или административно-хозяйственные функции в государственных учреждениях, субъектах квазигосударственного сектора, органах местного самоуправления.

Статья 31. Особенности административной ответственности при фиксации правонарушения сертифицированными специальными контрольно-измерительными техническими средствами и приборами

Сноска. Заголовок статьи 31 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).
Примечание ИЗПИ!
В часть первую предусмотрено изменение Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

1. При фиксации административного правонарушения сертифицированными специальными контрольно-измерительными техническими средствами и приборами, работающими в автоматическом режиме, к административной ответственности за административные правонарушения в области дорожного движения привлекаются собственники (владельцы) транспортных средств.

2. Собственник (владелец) транспортного средства освобождается от административной ответственности за правонарушение, совершенное с участием этого транспортного средства, если в ходе проверки по его сообщению или заявлению будет установлено лицо, во владении которого оно находилось в момент фиксации правонарушения либо оно выбыло из его обладания в результате противоправных действий других лиц.

Примечание ИЗПИ!
В примечание предусмотрены изменения Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Примечание.

Владельцами транспортных средств в статьях настоящего Кодекса признаются физические лица, владеющие транспортным средством на праве собственности, а также физические лица, которым транспортные средства, принадлежащие физическим и юридическим лицам, переданы во временное владение и пользование.

Под сертифицированными специальными контрольно-измерительными техническими средствами и приборами в статьях настоящего Кодекса следует понимать технические средства и приборы наблюдения и фиксации правонарушений, прошедшие метрологическую поверку, фото-, видеоаппаратуру, фиксирующие факт и время совершения правонарушения, вид, марку, государственный регистрационный номерной знак, а также скорость и направление движения транспортного средства.

Сноска. Статья 31 с изменениями, внесенными законами РК от 03.07.2017 № 84-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 32. Административная ответственность военнослужащего, прокурора и иных лиц, на которых распространяется действие дисциплинарных уставов либо специальных положений, за совершение ими административных правонарушений

1. Военнослужащие и находящиеся на воинских сборах военнообязанные несут ответственность за административные правонарушения, совершенные при исполнении служебных обязанностей, по дисциплинарным уставам, за исключением случаев, предусмотренных статьями 651, 652, 667, 676, 677, 680, 681 настоящего Кодекса. Сотрудники специальных государственных и правоохранительных органов за административные правонарушения, совершенные при исполнении служебных обязанностей, несут ответственность в соответствии с нормативными правовыми актами, регламентирующими порядок прохождения службы в соответствующих органах.

2. За нарушения режима Государственной границы Республики Казахстан, режима в пунктах пропуска через Государственную границу Республики Казахстан и таможенную границу Евразийского экономического союза, законодательства Республики Казахстан о государственных секретах, санитарно-эпидемиологического благополучия населения, требований пожарной безопасности, правил дорожного движения, таможенных правил вне места службы, законодательства Республики Казахстан о бухгалтерском учете и финансовой отчетности, бюджетного и налогового законодательства Республики Казахстан, законодательства Республики Казахстан о государственных закупках, правил охоты, рыболовства, требований экологического законодательства Республики Казахстан, норм рационального использования и охраны природных ресурсов лица, указанные в части первой настоящей статьи, несут административную ответственность на общих основаниях. К указанным лицам не могут быть применены административные взыскания в виде лишения права ношения и хранения огнестрельного и холодного оружия и административного ареста.

3. К военнослужащим, проходящим срочную воинскую службу, и курсантам военных и специальных учебных заведений не может быть применено административное взыскание в виде административного штрафа.

4. Органы (должностные лица), которым предоставлено право налагать административные взыскания, вместо наложения административных взысканий на лиц, указанных в частях первой и третьей настоящей статьи, должны передавать материалы о правонарушениях соответствующим органам для решения вопроса о привлечении виновных к дисциплинарной ответственности.

Сноска. Статья 32 с изменениями, внесенными законами РК от 07.11.2014 № 248-V (вводится в действие с 01.01.2015); от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 18.11.2015 № 411-V (вводится в действие с 01.01.2016); от 03.07.2017 № 84-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 33. Административная ответственность частных нотариусов, частных судебных исполнителей, адвокатов, индивидуальных предпринимателей и юридических лиц

1. Частные нотариусы, частные судебные исполнители, адвокаты, индивидуальные предприниматели и юридические лица подлежат административной ответственности за административное правонарушение в случаях, предусмотренных Особенной частью настоящего раздела.

2. Индивидуальные предприниматели и юридические лица подлежат административной ответственности за административное правонарушение, если предусмотренное Особенной частью настоящего раздела деяние (действие либо бездействие) было совершено, санкционировано, одобрено органом, лицом, осуществляющим функции управления юридическим лицом, или работником индивидуального предпринимателя и юридического лица, выполняющим организационно-распорядительные или административно- хозяйственные функции.

3. Структурные подразделения юридического лица, совершившие административные правонарушения и являющиеся самостоятельными налогоплательщиками (за исключением финансовых организаций), несут административную ответственность как юридические лица.

4. Привлечение к административной ответственности индивидуальных предпринимателей и юридических лиц освобождает от административной ответственности за данное правонарушение работника индивидуального предпринимателя и юридического лица.

Примечание. Для целей настоящего Кодекса индивидуальные предприниматели и юридические лица несут административную ответственность в качестве субъектов предпринимательства.

Сноска. Статья 33 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 34. Административная ответственность иностранцев, иностранных юридических лиц и лиц без гражданства

1. Иностранцы, иностранные юридические лица, их филиалы и представительства и лица без гражданства, совершившие на территории Республики Казахстан административные правонарушения, а также на континентальном шельфе Республики Казахстан, подлежат административной ответственности на общих основаниях.

2. Структурные подразделения (филиалы и представительства) иностранных и международных некоммерческих неправительственных объединений несут административную ответственность за нарушение законодательства Республики Казахстан об общественных объединениях как юридические лица.

3. Вопрос об административной ответственности за административные правонарушения, совершенные на территории Республики Казахстан дипломатическими представителями иностранных государств и иными иностранцами, которые пользуются иммунитетом, разрешается в соответствии с нормами международного права.

Глава 5. ОБСТОЯТЕЛЬСТВА, ИСКЛЮЧАЮЩИЕ АДМИНИСТРАТИВНУЮ ОТВЕТСТВЕННОСТЬ

Статья 35. Необходимая оборона

1. Не является административным правонарушением совершение предусмотренного настоящим Кодексом деяния в состоянии необходимой обороны, то есть при защите личности, жилища, собственности, земельного участка и других прав обороняющегося или иных лиц, охраняемых законом интересов общества или государства от противоправного посягательства путем причинения посягающему вреда, если при этом не было допущено превышения пределов необходимой обороны.

2. Право на необходимую оборону имеют в равной мере все лица независимо от их профессиональной или иной специальной подготовки и служебного положения. Это право принадлежит лицу независимо от возможности избежать противоправного посягательства либо обратиться за помощью к другим лицам или государственным органам.

3. Превышением пределов необходимой обороны признается явное несоответствие защиты характеру и степени опасности посягательства, в результате чего посягающему причиняется явно чрезмерный, не вызываемый обстановкой вред. Такое превышение влечет за собой административную ответственность лишь в случаях умышленного причинения вреда.

4. Не подлежит административной ответственности лицо, превысившее пределы необходимой обороны вследствие страха, испуга или замешательства, вызванного противоправным посягательством.

Статья 36. Задержание лица, совершившего посягательство

1. Не является административным правонарушением совершение предусмотренного настоящим Кодексом деяния при задержании лица, совершившего противоправное посягательство, для доставления этого лица государственным органам и пресечения возможности совершения им новых посягательств, если иными средствами задержать такое лицо не представлялось возможным и при этом не было допущено превышения необходимых для этого мер.

2. Превышением мер, необходимых для задержания лица, совершившего посягательство, признается их явное несоответствие характеру и степени опасности совершенного задерживаемым лицом посягательства и обстоятельствам задержания, когда лицу без необходимости причиняется явно чрезмерный, не вызываемый обстановкой вред. Такое превышение влечет за собой административную ответственность лишь в случаях умышленного причинения вреда.

3. Правом на задержание лица, совершившего посягательство, наряду со специально уполномоченными на то лицами обладают также потерпевшие и другие физические лица.

Статья 37. Крайняя необходимость

1. Не является административным правонарушением причинение вреда охраняемым настоящим Кодексом интересам в состоянии крайней необходимости, то есть для устранения опасности, непосредственно угрожающей жизни, здоровью, правам и законным интересам данного лица или иных лиц, интересам общества или государства, если эта опасность не могла быть устранена иными средствами и при этом не допущено превышения пределов крайней необходимости.

2. Превышением пределов крайней необходимости признается причинение вреда, явно не соответствующего характеру и степени угрожавшей опасности и обстановке, в которой опасность устранялась, когда правоохраняемым интересам был причинен вред, равный или более значительный, чем предотвращенный. Такое превышение влечет за собой ответственность лишь в случаях умышленного причинения вреда.

Статья 38. Физическое или психическое принуждение

1. Не является административным правонарушением совершение деяния, предусмотренного настоящим Кодексом, в результате физического или психического принуждения, если вследствие такого принуждения лицо не могло руководить своими действиями (бездействием).

2. Вопрос об административной ответственности за причинение вреда охраняемым настоящим Кодексом интересам в результате психического принуждения, а также в результате физического принуждения, вследствие которого лицо сохранило возможность руководить своими действиями, решается с учетом положений статьи 37 настоящего Кодекса.

Статья 39. Исполнение приказа или распоряжения

1. Не является административным правонарушением совершение деяния, предусмотренного настоящим Кодексом, лицом, действовавшим во исполнение обязательного для него приказа или распоряжения. Административную ответственность за совершение такого деяния несет лицо, отдавшее незаконный приказ или распоряжение.

2. Лицо, совершившее умышленное административное правонарушение во исполнение заведомо незаконного приказа или распоряжения, несет административную ответственность на общих основаниях. Неисполнение заведомо незаконного приказа или распоряжения исключает административную ответственность.

Глава 6. АДМИНИСТРАТИВНОЕ ВЗЫСКАНИЕ И МЕРЫ АДМИНИСТРАТИВНО-ПРАВОВОГО ВОЗДЕЙСТВИЯ

Статья 40. Понятие и цели административного взыскания

1. Административное взыскание является мерой государственного принуждения, применяемой уполномоченными на то законом судьей, органами (должностными лицами) за совершение административного правонарушения, и заключается в предусмотренном настоящим Кодексом лишении или ограничении прав и свобод лица, совершившего такое правонарушение.

2. Административное взыскание применяется в целях воспитания лица, совершившего правонарушение, в духе соблюдения требований законодательства и уважения правопорядка, а также предупреждения совершения новых правонарушений как самим правонарушителем, так и другими лицами.

3. Административное взыскание не имеет своей целью причинение физических страданий лицу, совершившему административное правонарушение, или унижение его человеческого достоинства, а также нанесение вреда деловой репутации юридического лица.

4. Административное взыскание не является средством возмещения имущественного ущерба. Причиненный административным правонарушением вред возмещается в порядке, предусмотренном статьей 59 настоящего Кодекса.

Статья 41. Виды административных взысканий

1. За совершение административных правонарушений могут применяться следующие административные взыскания:

1) предупреждение;

2) административный штраф;

3) конфискация предмета, явившегося орудием либо предметом совершения административного правонарушения, а равно имущества, полученного вследствие совершения административного правонарушения;

4) лишение специального права;

5) лишение разрешения либо приостановление его действия, а также исключение из реестра;

6) приостановление или запрещение деятельности;

7) принудительный снос незаконно возводимого или возведенного строения;

8) административный арест;

9) административное выдворение за пределы Республики Казахстан иностранца или лица без гражданства.

2. К юридическим лицам за совершение административных правонарушений могут применяться административные взыскания, перечисленные в подпунктах 1) – 5) и 7) части первой настоящей статьи, а также приостановление или запрещение деятельности или отдельных видов деятельности юридического лица.

Статья 42. Основные и дополнительные меры административных взысканий

1. Предупреждение, административный штраф, административный арест могут применяться только в качестве основных административных взысканий.

2. Лишение специального права, лишение разрешения либо приостановление его действия, а также исключение из реестра, приостановление или запрещение деятельности или отдельных ее видов, а также административное выдворение за пределы Республики Казахстан иностранцев или лиц без гражданства могут применяться в качестве как основных, так и дополнительных административных взысканий.

3. Конфискация, принудительный снос незаконно возводимого или возведенного строения могут применяться только в качестве дополнительного административного взыскания.

Статья 43. Предупреждение

1. Предупреждение состоит в официальной даче судом, органом (должностным лицом), уполномоченным налагать административное взыскание, отрицательной оценки совершенного правонарушения и предостережении физического или юридического лица о недопустимости противоправного поведения. Предупреждение выносится в письменной форме.

2. При отсутствии обстоятельств, предусмотренных статьей 57 и примечанием к статье 366 настоящего Кодекса, суд (судья), орган (должностное лицо), налагающий административное взыскание, обязан применить предупреждение, предусмотренное соответствующей статьей Особенной части настоящего Кодекса.

Сноска. Статья 43 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 44. Административный штраф

1. Административный штраф (далее – штраф) есть денежное взыскание, налагаемое за административное правонарушение в случаях и пределах, предусмотренных в статьях Особенной части настоящего раздела, в размере, соответствующем определенному количеству месячного расчетного показателя, устанавливаемого в соответствии с законом, действующим на момент возбуждения дела об административном правонарушении.

В случаях, предусмотренных в статьях Особенной части настоящего раздела, размер штрафа выражается в процентах от:

1) ставок платы за негативное воздействие на окружающую среду, а также суммы экономической выгоды, полученной в результате нарушения экологического законодательства Республики Казахстан;

1-1) суммы ущерба, причиненного ресурсам недр в результате нарушения права государственной собственности на недра;

2) суммы неисполненного или исполненного ненадлежащим образом налогового обязательства;

3) суммы неуплаченных (неперечисленных), несвоевременно и (или) неполно уплаченных (перечисленных) социальных отчислений;

4) суммы неперечисленных, несвоевременно и (или) неполно исчисленных, удержанных (начисленных) и (или) уплаченных (перечисленных) обязательных пенсионных взносов и обязательных профессиональных пенсионных взносов;

5) суммы стоимости подакцизных товаров, полученных в результате незаконного предпринимательства;

6) суммы, неучтенной в соответствии с требованиями законодательства Республики Казахстан о бухгалтерском учете и финансовой отчетности либо учтенной ненадлежащим образом;

7) суммы сделки (операции), совершенной (проведенной) с нарушением финансового законодательства Республики Казахстан;

8) суммы дохода (выручки), полученного в результате осуществления монополистической деятельности или нарушения законодательства Республики Казахстан об электроэнергетике, о естественных монополиях, законодательства Республики Казахстан, регулирующего деятельность финансового рынка и финансовых организаций;

9) стоимости энергетических ресурсов, использованных сверх утвержденных нормативов за период, в котором произошло правонарушение, но не более чем за один год;

10) суммы незачисленной национальной и иностранной валюты;

11) суммы неуплаченных (неперечисленных), несвоевременно и (или) неполно уплаченных (перечисленных) отчислений и (или) взносов на обязательное социальное медицинское страхование.

12) суммы неуплаченных таможенных платежей, налогов, специальных, антидемпинговых, компенсационных пошлин;

13) суммы наличных денежных средств и (или) стоимости денежных инструментов, недекларированных либо недостоверно декларированных при перемещении через таможенную границу Евразийского экономического союза.

Если в предусмотренных статьях Особенной части настоящего раздела размер штрафа выражается в процентах от суммы операции, проведенной с нарушением норм финансового законодательства Республики Казахстан, и такая операция проведена в иностранной валюте, пересчет суммы штрафа в тенге осуществляется по официальному курсу, установленному Национальным Банком Республики Казахстан, на момент составления протокола об административном правонарушении.

2. Размер штрафа, налагаемого на физическое лицо, не может превышать двести месячных расчетных показателей.

Размер штрафа, налагаемого на должностное лицо, частного нотариуса, частного судебного исполнителя, адвоката, субъектов малого предпринимательства, а также некоммерческие организации, не может превышать семьсот пятьдесят месячных расчетных показателей.

Размер штрафа, налагаемого на субъектов среднего предпринимательства, не может превышать тысячу месячных расчетных показателей.

Размер штрафа, налагаемого на субъектов крупного предпринимательства, не может превышать две тысячи месячных расчетных показателей.

3. Штраф, исчисленный в соответствии с абзацем вторым части первой настоящей статьи, может быть установлен в размерах, превышающих или менее установленных размеров штрафов, указанных в части второй настоящей статьи.

Примечание РЦПИ!
Данная редакция пункта 4 действует с 01.01.2018 для городов районного значения, сел, поселков, сельских округов с численностью населения более двух тысяч человек в соответствии с Законом РК от 11.07.2017 № 90-VI (действующую редакцию до 01.01.2020 для городов районного значения, сел, поселков, сельских округов с численностью населения две тысячи и менее человек см. архивную версию от 28.12.2017 Кодекса РК об административных правонарушениях от 05.07.2014 № 235-V).

4. Штраф взыскивается в доход государственного бюджета в порядке, установленном законодательством Республики Казахстан.

Сноска. Статья 44 с изменениями, внесенными законами РК от 29.12.2014 № 271-V (вводится в действие с 01.01.2015); от 16.11.2015 № 406-V (вводится в действие с 01.07.2017); от 28.12.2016 № 34-VI (вводится в действие с 01.01.2017); от 11.07.2017 № 90-VI (порядок введения в действие см. пп.1) п.1 ст.2); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021); от 05.07.2024 № 114-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 45. Конфискация предмета, явившегося орудием либо предметом совершения административного правонарушения, а также имущества, полученного вследствие совершения административного правонарушения

1. Конфискация предмета, явившегося орудием либо предметом совершения административного правонарушения, а также имущества, полученного вследствие совершения административного правонарушения, состоит в принудительном безвозмездном обращении их в собственность государства в установленном законодательством порядке.

Не является конфискацией изъятие из незаконного владения лица, совершившего административное правонарушение, предмета, подлежащего возвращению его собственнику либо изъятого из оборота. Предмет, изъятый из оборота, подлежит обращению в собственность государства или уничтожению.

2. Конфискации подлежит лишь предмет, являющийся собственностью нарушителя, если иное не предусмотрено Особенной частью настоящего Кодекса.

3. Конфискация охотничьего оружия, боевых припасов к нему и других разрешенных орудий охоты и рыболовства не может применяться к лицам, для которых охота (рыболовство) является основным законным источником существования.

4. Конфискация применяется судьей и может налагаться в случаях, когда она предусмотрена соответствующей статьей Особенной части настоящего раздела в качестве административного взыскания.

Статья 46. Лишение специального права

1. Лишение специального права, предоставленного конкретному лицу, применяется судьей.

2. Срок лишения специального права не может быть менее одного месяца и более двух лет.

3. Срок лишения права управления транспортными средствами не может быть менее шести месяцев и более десяти лет.

4. Лишение права управления транспортными средствами не может применяться к лицам, которые пользуются этими средствами в связи с инвалидностью, за исключением случаев управления транспортным средством в состоянии опьянения либо уклонения от прохождения в установленном порядке освидетельствования на состояние опьянения, а также оставления указанными лицами в нарушение установленных правил места дорожно-транспортного происшествия, участниками которого они являлись.

5. Лишение права охоты, рыболовства, хранения и ношения охотничьего оружия, боевых припасов к нему и рыболовных снастей не может применяться к лицам, для которых охота (рыболовство) является основным законным источником существования, за исключением систематического нарушения порядка пользования этим правом.

Сноска. Статья 46 с изменением, внесенным Законом РК от 03.07.2017 № 83-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 47. Лишение разрешения либо приостановление его действия, а также исключение из реестра

1. Лишение разрешения либо приостановление его действия применяется за административное правонарушение, совершенное при осуществлении деятельности либо совершении определенных действий (операций), предусмотренных разрешением.

1-1. Лишение разрешения либо приостановление его действия налагаются судьей, уполномоченным органом (должностным лицом) с учетом положений частей третьей, четвертой, шестой и 6-1 настоящей статьи.

2. Срок приостановления действия разрешения не может быть менее одного и более шести месяцев.

3. Приостановление либо лишение разрешения на осуществление деятельности в финансовой сфере и деятельности, связанной с концентрацией финансовых ресурсов, за исключением лишения разрешения кредитного бюро, осуществляется уполномоченным органом по регулированию, контролю и надзору финансового рынка и финансовых организаций и Национальным Банком Республики Казахстан в пределах их компетенции по основаниям и в порядке, которые установлены законами Республики Казахстан.

4. Исключение из реестра осуществляется уполномоченным органом в сфере таможенного дела по основаниям и в порядке, которые установлены таможенным законодательством Республики Казахстан, и уполномоченным органом в области транспорта и коммуникаций по основаниям и в порядке, которые установлены законодательством Республики Казахстан о дорожном движении.

5. Исключен Законом РК от 03.07.2020 № 359-VI (вводится в действие с 01.01.2021).

6. Исключение из реестра коллекторских агентств осуществляется уполномоченным органом по регулированию, контролю и надзору финансового рынка и финансовых организаций по основаниям и в порядке, которые установлены Законом Республики Казахстан "О коллекторской деятельности".

6-1. Исключение из реестра платежных организаций осуществляется Национальным Банком Республики Казахстан по основаниям и в порядке, которые установлены Законом Республики Казахстан "О платежах и платежных системах".

7. В случае, если деятельность, при осуществлении которой совершено административное правонарушение, является подвидом лицензируемого вида деятельности, административное взыскание в виде лишения либо приостановления разрешения применяется только к конкретному подвиду лицензируемого вида деятельности.

Примечание. Для целей настоящего Кодекса под лишением разрешения, приостановлением его действия понимается лишение лицензии на осуществление лицензируемого вида деятельности или его подвида, специального разрешения, квалификационного аттестата (свидетельства), либо приостановление ее (его) действия на определенный вид или подвид деятельности, либо совершение определенного действия, а также иного разрешительного документа, предусмотренного Законом Республики Казахстан "О разрешениях и уведомлениях".

Сноска. Статья 47 с изменениями, внесенными законами РК от 29.03.2016 № 479-V (вводится в действие по истечении двадцати одного календарного дня после дня его первого официального опубликования); от 06.05.2017 № 63-VI (вводится в действие по истечении двадцати одного календарного дня после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.07.2020 № 359-VI (вводится в действие с 01.01.2021).

Статья 48. Приостановление или запрещение деятельности или отдельных ее видов

1. Приостановление или запрещение деятельности или отдельных ее видов заключается во временном прекращении деятельности или запрещении деятельности или отдельных ее видов физических и (или) юридических лиц, в том числе филиалов, представительств, структурных подразделений юридического лица, производственных участков, а также эксплуатации агрегатов, зданий и сооружений, осуществления отдельных видов деятельности (работ), оказания услуг.

2. Приостановление или запрещение деятельности или отдельных ее видов производится в судебном порядке или органом (должностным лицом), уполномоченным рассматривать дела об административных правонарушениях, если за совершение административного правонарушения возможно назначение санкции в виде приостановления либо запрещения деятельности. Рассмотрение таких дел осуществляется в течение десяти суток.

3. Приостановление деятельности или отдельных ее видов устанавливается на срок до трех месяцев.

4. До рассмотрения дела к физическому или юридическому лицу может быть применена мера обеспечения в виде приостановления или запрещения деятельности или отдельных ее видов в порядке, предусмотренном статьей 801 настоящего Кодекса. В этом случае срок приостановления или запрещения деятельности или отдельных ее видов включается в срок приостановления либо запрещения деятельности или отдельных ее видов, если данная мера административного взыскания будет применена при рассмотрении дела.

Сноска. Статья 48 с изменениями, внесенными Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 49. Принудительный снос незаконно возводимого или возведенного строения

Принудительный снос незаконно возводимого или возведенного строения налагается судьей в случаях, предусмотренных статьями Особенной части настоящего раздела.

Статья 50. Административный арест

1. Административный арест устанавливается на срок до тридцати суток, а за нарушение требований режима чрезвычайного положения - до сорока пяти суток. Административный арест назначается судьей в исключительных случаях в пределах, предусмотренных в статьях Особенной части настоящего раздела.

2. Административный арест не может применяться к беременным женщинам и женщинам, имеющим детей в возрасте до четырнадцати лет, лицам, не достигшим восемнадцатилетнего возраста, лицам с инвалидностью первой и второй групп, а также женщинам в возрасте свыше пятидесяти восьми лет, мужчинам свыше шестидесяти трех лет и мужчинам, в одиночку воспитывающим детей, не достигших четырнадцатилетнего возраста.

3. Срок административного задержания включается в срок административного ареста.

Сноска. Статья 50 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 11.07.2022 № 137-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 51. Административное выдворение за пределы Республики Казахстан иностранцев или лиц без гражданства

1. Административное выдворение за пределы Республики Казахстан иностранцев или лиц без гражданства применяется судьей как мера административного взыскания в порядке и по основаниям, которые предусмотрены Особенной частью настоящего Кодекса.

Положения настоящей части не распространяются на случаи выдворения иностранцев или лиц без гражданства, осуществляемого в порядке, предусмотренном гражданским процессуальным законодательством Республики Казахстан.

2. В случае если в ходе административного производства лицо, в отношении которого может быть применена мера административного взыскания в виде административного выдворения за пределы Республики Казахстан, сообщит о совершенном в отношении него деянии, признаваемом в соответствии с Уголовным кодексом Республики Казахстан тяжким или особо тяжким преступлением, то рассмотрение дела об административном правонарушении в отношении этого лица откладывается до принятия решения по сообщению или заявлению в порядке, установленном статьей 179 Уголовно-процессуального кодекса Республики Казахстан.

Статья 52. Меры административно-правового воздействия

1. К лицу, совершившему административное правонарушение, в целях предупреждения совершения этим лицом новых правонарушений в соответствии с настоящим Кодексом применяются следующие меры административно-правового воздействия:

1) проверка знаний правил дорожного движения;

2) установление особых требований к поведению правонарушителя;

3) проверка знаний правил безопасного обращения с гражданским и служебным оружием.

2. Меры административно-правового воздействия, указанные в части первой настоящей статьи, применяются наряду с наложением административного взыскания, так и вместо него при освобождении лица, совершившего административное правонарушение, от административной ответственности по основаниям, предусмотренным статьями 64, 64-1 настоящего Кодекса.

Сноска. Статья 52 в редакции Закона РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 53. Проверка знаний правил дорожного движения

1. Водители транспортных средств, совершившие правонарушения, предусмотренные статьями 594 (частью четвертой), 596 (частью четвертой), 598 (частью второй), 599 (частью второй), 600 (частью второй) настоящего Кодекса, направляются на сдачу экзамена для проверки знания правил дорожного движения.

2. Постановление о направлении на проверку знания правил дорожного движения выносится органами (должностными лицами), уполномоченными рассматривать дела об административных правонарушениях, предусмотренных указанными статьями настоящего Кодекса.

Сноска. Статья 53 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 53-1. Проверка знаний правил безопасного обращения с гражданским и служебным оружием

Сноска. Заголовок статьи 53-1 с изменением, внесенным Законом РК от 18.03.2019 № 237-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Владельцы и пользователи гражданского и служебного оружия, совершившие правонарушения, предусмотренные частью первой статьи 484, частью первой статьи 485 и частью первой статьи 486 настоящего Кодекса, направляются на сдачу экзамена для проверки знаний правил безопасного обращения с гражданским и служебным оружием.

Постановление о направлении на проверку знаний правил безопасного обращения с гражданским и служебным оружием выносится органами (должностными лицами), уполномоченными рассматривать дела об административных правонарушениях, предусмотренных указанными статьями настоящего Кодекса.

Сноска. Кодекс дополнен статьей 53-1 в соответствии с Законом РК от 22.12.2016 № 28-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными Законом РК от 18.03.2019 № 237-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 54. Установление особых требований к поведению правонарушителя

1. При рассмотрении дела об административном правонарушении судом по собственной инициативе либо по ходатайству органов полиции или других участников производства по делу об административном правонарушении могут быть установлены особые требования к поведению лица, совершившего административное правонарушение, предусмотренное статьями 73, 127, 128, 131, 434, 435, 440 (частью третьей), 442 (частью третьей), 448, 461, 482, 485 (частью второй) настоящего Кодекса на срок от трех месяцев до одного года, предусматривающие в полном объеме или раздельно запрет:

1) вопреки воле потерпевшего разыскивать, преследовать, посещать потерпевшего, вести устные, телефонные переговоры и вступать с ним в контакты иными способами, включая несовершеннолетних и (или) недееспособных членов его семьи;

2) приобретать, хранить, носить и использовать огнестрельное и другие виды оружия;

3) несовершеннолетним посещать определенные места, выезжать в другие местности без разрешения комиссии по защите прав несовершеннолетних;

4) употреблять алкогольные напитки, наркотические средства, психотропные вещества.

2. При установлении особых требований к поведению лица, совершившего административное правонарушение в сфере семейно-бытовых отношений, для охраны и защиты потерпевшего и членов его семьи суд в исключительных случаях вправе применить на срок до тридцати суток меру административно-правового воздействия в виде запрета лицу, совершившему бытовое насилие, проживать в жилище с потерпевшим.

2-1. При установлении особых требований к поведению лица, совершившего административное правонарушение в сфере семейно-бытовых отношений, суд вправе установить меры по оказанию психологической помощи.

3. В течение срока действия особых требований к поведению правонарушителя на него могут быть возложены обязанности являться в органы внутренних дел для профилактической беседы от одного до четырех раз в месяц.

Сноска. Статья 54 с изменениями, внесенными законами РК от 31.10.2015 № 378-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 09.04.2016 № 501-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.07.2017 № 84-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 15.04.2024 № 73-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Глава 7. НАЛОЖЕНИЕ АДМИНИСТРАТИВНОГО ВЗЫСКАНИЯ

Статья 55. Общие правила наложения взыскания за административное правонарушение

1. Административное взыскание за административное правонарушение налагается в пределах, предусмотренных в статье Особенной части настоящего раздела за данное административное правонарушение, в точном соответствии с положениями настоящего Кодекса.

2. Административное взыскание должно быть справедливым, соответствующим характеру правонарушения, обстоятельствам его совершения, личности правонарушителя.

3. При наложении административного взыскания на физическое лицо учитываются характер совершенного административного правонарушения, личность виновного, в том числе его поведение до и после совершения правонарушения, имущественное положение, обстоятельства, смягчающие и отягчающие ответственность.

4. При наложении административного взыскания на юридическое лицо учитываются характер административного правонарушения, имущественное положение, обстоятельства, смягчающие и отягчающие ответственность.

5. Наложение административного взыскания не освобождает лицо от исполнения обязанности, за неисполнение которой было наложено указанное взыскание, устранения допущенных нарушений и возмещения ущерба.

6. За одно административное правонарушение может быть наложено одно основное либо основное и дополнительное административные взыскания.

Статья 56. Обстоятельства, смягчающие ответственность за административное правонарушение

1. Обстоятельствами, смягчающими ответственность за административное правонарушение, признаются:

1) раскаяние виновного;

2) предотвращение лицом, совершившим административное правонарушение, вредных последствий правонарушения, добровольное возмещение ущерба или устранение причиненного вреда;

3) совершение административного правонарушения под влиянием сильного душевного волнения либо при стечении тяжелых личных или семейных обстоятельств;

4) совершение административного правонарушения несовершеннолетним;

5) совершение административного правонарушения беременной женщиной или женщиной, имеющей ребенка в возрасте до четырнадцати лет;

6) совершение административного правонарушения в результате физического или психического принуждения;

7) совершение административного правонарушения при нарушении условий правомерности необходимой обороны, задержании лица, совершившего противоправное посягательство, исполнении приказа или распоряжения;

8) совершение административного правонарушения впервые по неосторожности.

2. Суд (судья), орган (должностное лицо), рассматривающие дело об административном правонарушении, могут признать смягчающими и обстоятельства, не указанные в части первой настоящей статьи.

Статья 57. Обстоятельства, отягчающие ответственность за административные правонарушения

Обстоятельствами, отягчающими ответственность за административные правонарушения, признаются:

1) продолжение противоправного поведения, несмотря на разъяснения закона прокурором и (или) требование уполномоченных на то лиц прекратить его;

2) повторное совершение однородного административного правонарушения, за которое лицо уже подвергалось административному взысканию, в течение срока, предусмотренного статьей 61 настоящего Кодекса;

3) вовлечение несовершеннолетнего в административное правонарушение;

4) привлечение к совершению административного правонарушения лиц, которые заведомо для виновного страдают тяжелым психическим расстройством, либо лиц, не достигших возраста, с которого наступает административная ответственность;

5) совершение административного правонарушения по мотиву национальной, расовой и религиозной ненависти или вражды, из мести за правомерные действия других лиц, а также с целью скрыть другое правонарушение или облегчить его совершение;

6) совершение административного правонарушения в отношении лица или его близких в связи с выполнением данным лицом своего служебного, профессионального или общественного долга;

7) совершение административного правонарушения в отношении женщины, заведомо для виновного находящейся в состоянии беременности, а также в отношении малолетнего, другого беззащитного или беспомощного лица либо лица, находящегося в зависимости от виновного;

8) совершение административного правонарушения группой лиц;

9) совершение административного правонарушения в условиях стихийного бедствия или при других чрезвычайных обстоятельствах;

10) совершение административного правонарушения в состоянии алкогольного, наркотического или токсикоманического опьянения. Суд (судья), орган (должностное лицо), налагающие административное взыскание, в зависимости от характера административного правонарушения могут не признать данное обстоятельство отягчающим.

Сноска. Статья 57 с изменением, внесенным Законом РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 58. Наложение административных взысканий при совершении нескольких административных правонарушений

1. При совершении одним лицом двух или более административных правонарушений административное взыскание налагается за каждое правонарушение в отдельности.

2. Если лицо совершило несколько административных правонарушений, которые рассматриваются одним и тем же судьей, уполномоченным органом (должностным лицом), то в случае наложения на это лицо взысканий одного и того же вида окончательный размер взыскания не может превышать трехкратный максимальный предел, установленный настоящим Кодексом для данного вида взыскания, для административного ареста не может превышать срок, установленный частью первой статьи 50 настоящего Кодекса, а для лишения специального права – сроки, установленные частями второй и третьей статьи 46 настоящего Кодекса.

3. В случае, если административные штрафы выражены в процентах, при наложении их за совершение нескольких административных правонарушений штраф взыскивается за каждое административное правонарушение отдельно.

Сноска. Статья 58 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 59. Возмещение вреда, причиненного административным правонарушением

1. Судья, рассматривая дело об административном правонарушении, которым причинен имущественный вред, при решении вопроса о наложении административного взыскания одновременно взыскивает такой вред, если отсутствует спор о его размере.

Споры о размере имущественного вреда, причиненного административным правонарушением, рассматриваются в порядке гражданского судопроизводства.

2. Возмещение имущественного вреда по делам об административных правонарушениях, рассматриваемым иными уполномоченными органами (должностными лицами), в случае отказа виновного лица от его добровольного возмещения производится в порядке гражданского судопроизводства.

3. Требования о защите деловой репутации или возмещении морального вреда, причиненного административным правонарушением, рассматриваются в порядке гражданского судопроизводства по основаниям, предусмотренным Гражданским кодексом Республики Казахстан.

Статья 60. Исчисление сроков административного взыскания

Срок административного ареста исчисляется сутками, а лишения специального права, предоставленного физическому или юридическому лицу, а также лишения разрешения либо приостановления его действия исчисляется годами, месяцами или календарными днями.

Статья 61. Срок, в течение которого лицо считается подвергнутым административному взысканию

Лицо, на которое наложено административное взыскание за административное правонарушение, считается подвергнутым данному взысканию в течение года со дня окончания исполнения административного взыскания, а по административным правонарушениям в области охраны окружающей среды, совершенным субъектами крупного предпринимательства, – в течение трех лет.

Сноска. Статья 61 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Глава 8. ОСВОБОЖДЕНИЕ ОТ АДМИНИСТРАТИВНОЙ ОТВЕТСТВЕННОСТИ И АДМИНИСТРАТИВНОГО ВЗЫСКАНИЯ

Статья 62. Освобождение от административной ответственности в связи с истечением срока давности

1. Лицо не подлежит привлечению к административной ответственности по истечении двух месяцев со дня совершения административного правонарушения, кроме случаев, предусмотренных настоящим Кодексом.

2. Физическое лицо не подлежит привлечению к административной ответственности за совершение административного коррупционного правонарушения, незаконное вмешательство должностных лиц в предпринимательскую деятельность, а также за правонарушения в области проведения проверок субъектов частного предпринимательства и иных форм контроля и надзора с посещением субъектов частного предпринимательства, налогообложения, охраны окружающей среды, защиты конкуренции, сфере таможенного дела, в области пенсионного обеспечения, обязательного социального страхования, законодательства Республики Казахстан об энергосбережении и повышении энергоэффективности, о государственных секретах, о естественных монополиях, о недрах и недропользовании, о порядке организации и проведения мирных собраний – по истечении одного года со дня его совершения, а юридическое лицо (в том числе индивидуальный предприниматель) не подлежит привлечению к административной ответственности за совершение административного коррупционного правонарушения, правонарушения в области законодательства Республики Казахстан об энергосбережении и повышении энергоэффективности, об охране окружающей среды, а также о недрах и недропользовании, о порядке организации и проведения мирных собраний, за нарушение процедур оценки соответствия объектов технического регулирования – по истечении трех лет со дня его совершения, за правонарушения в области налогообложения, защиты конкуренции, сфере таможенного дела, в области пенсионного обеспечения, обязательного социального страхования, законодательства Республики Казахстан о естественных монополиях – по истечении пяти лет со дня его совершения.

3. При длящемся административном правонарушении, а также при совершении административного правонарушения в области бюджетных отношений, посягающего на охраняемые законом интересы общества и государства, лицо не подлежит привлечению к административной ответственности по истечении двух месяцев со дня обнаружения административного правонарушения.

При совершении административного правонарушения в области финансов, при восстановлении платежеспособности, реабилитации и банкротстве лицо подлежит привлечению к административной ответственности не позднее трех лет со дня совершения административного правонарушения, но не может быть привлечено к административной ответственности по истечении двух месяцев со дня обнаружения административного правонарушения.

За совершение операции c деньгами и (или) иным имуществом, повлекшей легализацию (отмывание) доходов, полученных преступным путем, юридическое лицо подлежит привлечению к административной ответственности не позднее трех лет со дня совершения административного правонарушения.

4. Положения частей первой и третьей настоящей статьи не распространяются на случаи, когда административное правонарушение способствовало совершению уголовного правонарушения и об этом стало известно в ходе расследования или судебного рассмотрения уголовного дела. Суд вправе в порядке, предусмотренном частью первой статьи 405 Уголовно-процессуального кодекса Республики Казахстан, наложить на лицо, виновное в таком правонарушении, административное взыскание, если с момента совершения административного правонарушения прошло не более одного года.

5. Течение срока наложения административного взыскания за административное правонарушение приостанавливается с момента назначения экспертизы, на период рассмотрения актов прокурорского надзора и реагирования, вынесения определения о приводе лица, в отношении которого ведется производство по делу, а также направления дела в суд или должностному лицу государственного органа, уполномоченному рассматривать дела об административных правонарушениях.

Исчисление этих сроков возобновляется с момента получения результатов экспертизы, со дня принятия решения по акту прокурорского надзора и реагирования, а также фактического доставления лица, привлекаемого к административной ответственности, в орган (к должностному лицу), исполняющий определение о приводе.

Общий срок привода не может превышать более одного месяца.

6. В случае прекращения уголовного дела при наличии в действиях нарушителя признаков административного правонарушения лицо может быть привлечено к административной ответственности не позднее трех месяцев со дня поступления решения о его прекращении.

7. Течение срока наложения взыскания за административное правонарушение прерывается, если до истечения сроков, указанных в частях первой и третьей настоящей статьи, лицо совершит новое административное правонарушение. Исчисление срока в этих случаях начинается с момента обнаружения нового административного правонарушения.

8. Постановление судьи или уполномоченного органа о прекращении административного производства вне зависимости от срока, предусмотренного в части первой настоящей статьи, может быть пересмотрено по представлению Председателя Верховного Суда, председателя судебной коллегии Верховного Суда, протесту прокурора, поданным в течение года со дня вступления его в законную силу.

Примечание. Длящимся признается правонарушение, которое характеризуется непрерывным осуществлением единого состава определенного деяния, предусмотренного статьей Особенной части настоящего раздела, и не завершено к моменту его обнаружения.

Сноска. Статья 62 с изменениями, внесенными законами РК от 29.10.2015 № 376-V (вводится в действие с 01.01.2016); от 03.12.2015 № 432-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2016 № 34-VI (вводится в действие с 01.01.2017); от 27.12.2017 № 126-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 05.10.2018 № 184-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 25.05.2020 № 334-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021); от 20.03.2021 № 21-VII (вводится в действие с 01.07.2021); от 02.07.2021 № 63-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 01.07.2022 № 132-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 30.12.2022 № 180-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 06.02.2023 № 195-VII (вводится в действие с 01.04.2023); от 20.04.2023 № 227-VII (вводится в действие с 01.07.2023).

Статья 63. Освобождение от административной ответственности и административного взыскания на основании акта амнистии

1. Лицо, совершившее административное правонарушение, может быть освобождено от административной ответственности или наложенного административного взыскания на основании акта амнистии, если указанный акт устраняет применение административного взыскания.

2. Акт об амнистии издается Парламентом Республики Казахстан в отношении индивидуально не определенного круга лиц.

Статья 64. Освобождение от административной ответственности в связи с примирением сторон

1. Дела об административных правонарушениях, предусмотренных статьями 73-3, 79 (частью первой), 127-2, 146, 185, 186, 190 (частями пятая и шестая), 220, 229 (частью второй) настоящего Кодекса, возбуждаются не иначе как по заявлению потерпевшего и подлежат прекращению за примирением его с лицом, совершившим административное правонарушение.

1-1. Лица, впервые совершившие административные правонарушения, предусмотренные статьями 73 и 73-3 настоящего Кодекса, могут быть освобождены судом от административной ответственности, если они примирились с потерпевшими, заявителями, в том числе в порядке медиации, и загладили причиненный вред.

Положения настоящей части не распространяются на лиц, освобожденных в течение года от административной ответственности в связи с примирением сторон по статье 73 настоящего Кодекса.

2. Примирение осуществляется на основе письменного соглашения, подписанного потерпевшим и лицом, совершившим административное правонарушение.

Сноска. Статья 64 с изменениями, внесенными законами РК от 03.07.2017 № 84-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2); от 25.06.2020 № 346-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 26.06.2020 № 349-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 20.04.2023 № 227-VII (вводится в действие с 01.07.2023); от 15.04.2024 № 73-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 64-1. Освобождение от административной ответственности при малозначительности правонарушения

При малозначительности совершенного административного правонарушения судья, орган (должностное лицо), уполномоченный рассматривать дела об административных правонарушениях, может освободить лицо, совершившее административное правонарушение, от административной ответственности, ограничившись устным замечанием.

Примечание. При решении вопроса об освобождении лица от административной ответственности по указанному в настоящей статье основанию учитываются конкретные обстоятельства совершения административного правонарушения, в том числе личность правонарушителя, а также объект посягательства, а при наличии вреда – его размер.

Сноска. Глава 8 дополнена статьей 64-1 в соответствии с Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Глава 9. АДМИНИСТРАТИВНАЯ ОТВЕТСТВЕННОСТЬ НЕСОВЕРШЕННОЛЕТНИХ

Статья 65. Административная ответственность несовершеннолетних

1. Несовершеннолетними, на которых распространяется действие настоящей главы, признаются лица, которым ко времени совершения административного правонарушения исполнилось шестнадцать, но не исполнилось восемнадцати лет.

2. На несовершеннолетнего, совершившего административное правонарушение, может быть наложено административное взыскание с применением мер воспитательного воздействия.

Статья 66. Особенности применения административных взысканий к несовершеннолетним

1. Размер административного штрафа, налагаемого на несовершеннолетнего, не может превышать десять месячных расчетных показателей независимо от размера штрафа, предусмотренного статьей Особенной части настоящего раздела.

При отсутствии у несовершеннолетнего имущества, достаточного для уплаты штрафа, штраф налагается на родителей или лиц, их заменяющих.

2. Лишение специального права может налагаться на несовершеннолетних на срок не более одного года.

3. Другие виды административных взысканий (за исключением административного ареста), а также меры административно-правового воздействия, указанные в статьях 41 и 52 настоящего Кодекса, применяются к несовершеннолетним на общих основаниях.

Статья 67. Наложение административного взыскания на несовершеннолетнего

1. При наложении административного взыскания на несовершеннолетнего, кроме обстоятельств, предусмотренных статьями 56 и 57 настоящего Кодекса, учитываются условия его жизни и воспитания, уровень психического развития, иные особенности личности, а также влияние на него старших по возрасту лиц.

2. Несовершеннолетний возраст как смягчающее обстоятельство учитывается в совокупности с другими смягчающими и отягчающими обстоятельствами.

Статья 68. Освобождение несовершеннолетних от административной ответственности и административного взыскания

Несовершеннолетний, впервые совершивший административное правонарушение, может быть освобожден судом, органом (должностным лицом), уполномоченным рассматривать дела об административных правонарушениях, от административной ответственности или от исполнения назначенного административного взыскания с применением к нему мер воспитательного воздействия, предусмотренных законодательством.

Cтатья 69. Меры воспитательного воздействия

1. Несовершеннолетнему могут быть назначены следующие меры воспитательного воздействия:

1) разъяснение закона;

2) исключен Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования);

3) возложение обязанности загладить причиненный вред;

4) ограничение досуга и установление особых требований к поведению несовершеннолетнего.

2. Несовершеннолетнему может быть назначено одновременно несколько мер воспитательного воздействия.

3. Срок применения меры воспитательного воздействия, предусмотренной подпунктом 4) части первой настоящей статьи, устанавливается продолжительностью от трех до шести месяцев.

4. В случае систематического неисполнения несовершеннолетним меры воспитательного воздействия, предусмотренной подпунктом 4) части первой настоящей статьи, органы внутренних дел представляют материалы в суд для решения вопроса об отмене этой меры и привлечения несовершеннолетнего к административной ответственности, если не истек срок давности, установленный частью первой статьи 890 настоящего Кодекса.

Сноска. Статья 69 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 70. Содержание мер воспитательного воздействия

1. Разъяснение закона состоит в разъяснении несовершеннолетнему вреда, причиненного его деянием, и юридических последствий повторного совершения правонарушений, предусмотренных настоящим Кодексом.

2. Исключен Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

3. Обязанность загладить причиненный вред возлагается с учетом имущественного положения несовершеннолетнего и наличия у него соответствующих трудовых навыков.

4. Ограничение досуга и установление особых требований к поведению несовершеннолетнего могут предусматривать запрет посещения определенных мест, использования определенных форм досуга, в том числе связанных с управлением транспортным средством, ограничения пребывания вне дома после определенного времени суток, выезда в другие местности без разрешения суда либо органа (должностного лица), уполномоченного рассматривать дела об административных правонарушениях. В отношении несовершеннолетнего могут быть установлены особые требования к поведению правонарушителя, предусмотренные статьей 54 настоящего Кодекса, а также предъявлено требование закончить обучение либо трудоустроиться с помощью комиссии по защите прав несовершеннолетних.

Сноска. Статья 70 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 71. Сроки давности

Сроки давности, предусмотренные статьей 62 настоящего Кодекса, при освобождении несовершеннолетних от административной ответственности или исполнения административного взыскания сокращаются наполовину.

Статья 72. Срок, в течение которого несовершеннолетний считается подвергнутым административному взысканию

Несовершеннолетний, на которого наложено административное взыскание за административное правонарушение, считается подвергнутым данному взысканию в течение шести месяцев со дня окончания исполнения постановления о наложении административного взыскания.

ОСОБЕННАЯ ЧАСТЬ
Глава 10. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ НА ПРАВА ЛИЧНОСТИ

Статья 73. Противоправные действия в сфере семейно-бытовых отношений

1. Нецензурная брань, оскорбительное приставание, унижение, повреждение предметов домашнего обихода и другие действия, выражающие неуважение к лицам, состоящим с правонарушителем в семейно-бытовых отношениях, нарушающие их спокойствие, совершенные в жилище, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут предупреждение либо административный арест на пять суток.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут административный арест на десять суток.

3. Действия, предусмотренные частью второй настоящей статьи, совершенные лицами, к которым административный арест в соответствии с частью второй статьи 50 настоящего Кодекса не применяется, –

влекут штраф в размере пяти месячных расчетных показателей.

Примечание. Под семейно-бытовыми отношениями для целей настоящего Кодекса понимаются отношения между супругами, бывшими супругами, лицами, проживающими или проживавшими совместно, близкими родственниками, лицами, имеющими общего ребенка (детей).

Сноска. Статья 73 с изменениями, внесенными законами РК от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2); от 20.04.2023 № 227-VII (вводится в действие с 01.07.2023); от 15.04.2024 № 73-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 73-1. Умышленное причинение легкого вреда здоровью

Сноска. Глава 10 дополнена статьей 73-1 в соответствии с Законом РК от 03.07.2017 № 84-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); исключена Законом РК от 15.04.2024 № 73-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 73-2. Побои

Сноска. Глава 10 дополнена статьей 73-2 в соответствии с Законом РК от 03.07.2017 № 84-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); исключена Законом РК от 15.04.2024 № 73-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 73-3. Клевета

1. Клевета, то есть распространение заведомо ложных сведений, порочащих честь и достоинство другого лица или подрывающих его репутацию, –

влечет штраф на физическое лицо в размере ста шестидесяти месячных расчетных показателей или административный арест на срок пятнадцать суток, на должностное лицо – штраф в размере пятисот пятидесяти месячных расчетных показателей либо административный арест на срок двадцать суток.

2. То же деяние, совершенное публично или с использованием масс-медиа или сетей телекоммуникаций, –

влечет штраф на физическое лицо в размере ста восьмидесяти месячных расчетных показателей или административный арест на срок двадцать суток, на должностное лицо – штраф в размере шестисот пятидесяти месячных расчетных показателей либо административный арест на срок двадцать пять суток.

3. Деяния, предусмотренные частями первой или второй настоящей статьи, соединенные с обвинением лица в совершении коррупционного, тяжкого или особо тяжкого преступления, –

влекут штраф на физическое лицо в размере двухсот месячных расчетных показателей или административный арест на срок двадцать пять суток, на должностное лицо – штраф в размере семисот пятидесяти месячных расчетных показателей либо административный арест на срок тридцать суток.

Сноска. Глава 10 дополнена статьей 73-3 в соответствии с Законом РК от 26.06.2020 № 349-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 74. Воспрепятствование получению гражданства Республики Казахстан

1. Незаконные действия (бездействие) должностных лиц, препятствующих получению лицом гражданства Республики Казахстан, –

влекут штраф в размере пятнадцати месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере тридцати месячных расчетных показателей.

Сноска. Статья 74 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 75. Ответственность за нарушение законодательства Республики Казахстан о языках

1. Отказ должностного лица в принятии документов, обращений физических и юридических лиц, а также нерассмотрение их по существу, мотивированные незнанием языка, –

влечет предупреждение или штраф в размере десяти месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере двадцати месячных расчетных показателей.

3. Нарушение требований по размещению реквизитов и визуальной информации –

влечет предупреждение.

4. Действие, предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц, субъектов малого предпринимательства или некоммерческие организации в размере пяти, на субъектов среднего предпринимательства – в размере десяти, на субъектов крупного предпринимательства – в размере двадцати пяти месячных расчетных показателей.

5. Ограничение прав физических лиц в выборе языка, дискриминация по языковым признакам –

влекут штраф на должностных лиц в размере десяти месячных расчетных показателей.

6. Действия, предусмотренные частью пятой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере двадцати месячных расчетных показателей.

Сноска. Статья 75 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 76. Ограничение права свободного передвижения и выбора места жительства

1. Действие (бездействие) должностных лиц, ограничивающее право физических лиц на свободу передвижения и выбора места жительства (за исключением пограничных зон, запретных зон при арсеналах, базах и складах Вооруженных Сил Республики Казахстан, других войск и воинских формирований Республики Казахстан и запретных районов при арсеналах, базах и складах Вооруженных Сил Республики Казахстан, других войск и воинских формирований Республики Казахстан и отдельных местностей, в которых могут быть установлены ограничения Правительством Республики Казахстан), если это действие (бездействие) не содержит признаков уголовно наказуемого деяния, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере тридцати месячных расчетных показателей.

Сноска. Статья 76 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 77. Воспрепятствование законной деятельности общественных объединений, благотворительных организаций

Сноска. Заголовок статьи 77 с изменениями, внесенными Законом РК от 16.11.2015 № 403-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Воспрепятствование законной деятельности общественных объединений, а также благотворительных организаций должностным лицом с использованием служебного положения, а равно вмешательство в законную деятельность этих объединений, совершенное должностным лицом с использованием своего служебного положения, повлекшее нарушение их прав и законных интересов, –

влекут штраф в размере двухсот пятидесяти месячных расчетных показателей.

Сноска. Статья 77 с изменениями, внесенными Законом РК от 16.11.2015 № 403-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 78. Отказ в предоставлении физическому лицу информации

1. Неправомерный отказ в представлении собранных в установленном порядке документов, материалов, непосредственно затрагивающих права и свободы физического лица, либо предоставление физическому лицу неполной или заведомо ложной информации, –

влекут штраф на должностных лиц в размере пятнадцати месячных расчетных показателей.

2. Совершение должностным лицом деяний, предусмотренных частью первой настоящей статьи, если эти деяния причинили вред правам и законным интересам физических лиц, –

влечет штраф в размере пятидесяти месячных расчетных показателей.

Сноска. Статья 78 с изменениями, внесенными законами РК от 16.11.2015 № 404-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 79. Нарушение законодательства Республики Казахстан о персональных данных и их защите

1. Незаконные сбор и (или) обработка персональных данных, если эти деяния не содержат признаков уголовно наказуемого деяния, –

влекут штраф на физических лиц в размере десяти, на должностных лиц, частных нотариусов, частных судебных исполнителей, адвокатов, субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере семидесяти месячных расчетных показателей.

2. Те же деяния, совершенные собственником, оператором или третьим лицом с использованием своего служебного положения, если эти действия не влекут установленную законом уголовную ответственность –

влекут штраф на физических лиц в размере пятидесяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере семидесяти пяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

3. Несоблюдение собственником, оператором или третьим лицом мер по защите персональных данных, если это деяние не содержит признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере пятидесяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

4. Деяние, предусмотренное частью третьей настоящей статьи, повлекшее утерю, незаконный сбор и (или) обработку персональных данных, если эти деяния не влекут установленную законом уголовную ответственность, –

влечет штраф на физических лиц в размере двухсот, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере пятисот, на субъектов среднего предпринимательства – в размере семисот, на субъектов крупного предпринимательства – в размере тысячи месячных расчетных показателей.

Сноска. Статья 79 с изменениями, внесенными законами РК от 24.11.2015 № 419-V (вводится в действие с 01.01.2016); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 25.06.2020 № 347-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 80. Несоблюдение порядка, стандартов и некачественное оказание медицинской помощи

1. Исключен Законом РК от 28.12.2018 № 208-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).
2. Исключен Законом РК от 28.12.2018 № 208-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

2-1. Грубые нарушения стандартов организации оказания медицинской помощи, правил оказания медицинской помощи, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф на физических лиц в размере десяти, на должностных лиц – в размере двадцати пяти, на субъектов малого предпринимательства и некоммерческие организации – в размере тридцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере семидесяти месячных расчетных показателей.

2-2. Деяния, предусмотренные частью 2-1 настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере пятнадцати, на должностных лиц – в размере тридцати месячных расчетных показателей с лишением сертификата специалиста в области здравоохранения или сертификата менеджера в области здравоохранения, на субъектов малого предпринимательства и некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере шестидесяти, на субъектов крупного предпринимательства – в размере восьмидесяти пяти месячных расчетных показателей, с лишением лицензии или приложения к лицензии.

3. Несоблюдение порядка, стандартов оказания медицинской помощи, не выполнение или ненадлежащее выполнение профессиональных обязанностей медицинским работником вследствие небрежного или недобросовестного отношения к ним, если это повлекло причинение легкого вреда здоровью, –

влекут штраф на физических лиц в размере двадцати, на должностных лиц – в размере сорока, на субъектов малого предпринимательства и некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере семидесяти пяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

4. Деяния, предусмотренные частью третьей настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере сорока, на должностных лиц - в размере восьмидесяти, на субъектов малого предпринимательства и некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Сноска. Статья 80 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2018 № 208-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 80-1. Воспрепятствование законной деятельности медицинских и (или) фармацевтических работников

1. Воспрепятствование осуществлению профессиональной деятельности медицинских и (или) фармацевтических работников, а равно незаконное вмешательство в их профессиональную деятельность, выразившиеся в:

1) требовании совершения незаконных действий, не влекущих за собой уголовную ответственность;

2) привлечении медицинских и (или) фармацевтических работников к видам работ, не связанных с их профессиональными обязанностями, за исключением случаев, предусмотренных законами Республики Казахстан;

3) истребовании от медицинских и (или) фармацевтических работников отчетности либо информации, не предусмотренной законодательством Республики Казахстан;

4) возложении на медицинских и (или) фармацевтических работников обязанности по приобретению товаров (работ) и услуг, не предусмотренных законодательством Республики Казахстан, –

влекут штраф на физических лиц в размере тридцати, на должностных лиц – в размере пятидесяти, на юридических лиц – в размере ста месячных расчетных показателей.

2. Проявление неуважения к медицинским и (или) фармацевтическим работникам при исполнении ими своих должностных обязанностей, выраженное в нецензурной брани, демонстрации неприличных жестов (знаков) и предметов, в том числе с использованием масс-медиа или сетей телекоммуникаций, непристойном поведении, оскорбительном приставании, –

влечет штраф на физических лиц в размере тридцати месячных расчетных показателей либо административный арест на срок до десяти суток.

3. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере пятидесяти, на должностных лиц – в размере семидесяти, на юридических лиц – в размере ста пятидесяти месячных расчетных показателей.

4. Действия, предусмотренные частью второй настоящей статьи, совершенные повторно в течении года после наложения административного взыскания, –

влекут административный арест на срок до пятнадцати суток.

5. Действия, предусмотренные частью четвертой настоящей статьи, совершенные лицами, к которым административный арест в соответствии с частью второй статьи 50 настоящего Кодекса не применяется, –

влекут штраф в размере семидесяти месячных расчетных показателей.

Сноска. Глава 10 дополнена статьей 80-1 в соответствии с Законом РК от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 81. Нарушение медицинским работником правил выдачи листа или справки о временной нетрудоспособности

1. Нарушение медицинским работником правил выдачи листа или справки о временной нетрудоспособности –

влечет предупреждение или штраф на физических лиц в размере пяти, на должностных лиц – в размере десяти месячных расчетных показателей.

2. То же деяние, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере десяти месячных расчетных показателей с лишением сертификата специалиста в области здравоохранения либо без такового, на должностных лиц – в размере двадцати месячных расчетных показателей.

Сноска. Статья 81 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2018 № 208-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 82. Нарушение медицинским работником правил реализации лекарственных средств и требований по выписыванию рецептов, установленных законодательством Республики Казахстан

1. Нарушение медицинским работником правил реализации лекарственных средств и требований по выписыванию рецептов, установленных законодательством Республики Казахстан, –

влечет штраф на физических лиц в размере пяти, на должностных лиц – в размере десяти месячных расчетных показателей.

2. То же деяние, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере десяти месячных расчетных показателей с лишением сертификата специалиста в области здравоохранения либо без такового, на должностных лиц – в размере двадцати месячных расчетных показателей.

Сноска. Статья 82 с изменением, внесенным Законом РК от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 82-1. Нарушение законодательства Республики Казахстан о минимальных социальных стандартах и их гарантиях

1. Нарушение законодательства Республики Казахстан о минимальных социальных стандартах и их гарантиях, выразившееся в неисполнении и (или) необеспечении минимальных социальных стандартов, за исключением случаев, предусмотренных статьями 83, 84, 87, 89 и 91 настоящего Кодекса, –

влечет штраф на должностных лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере шестидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц в размере сорока, на субъектов малого предпринимательства или некоммерческие организации – в размере шестидесяти, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере ста двадцати месячных расчетных показателей.

Сноска. Глава 10 дополнена статьей 82-1 в соответствии с Законом РК от 19.05.2015 № 315-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 83. Нарушение законодательства Республики Казахстан о социальной защите лиц с инвалидностью

1. Нарушение законодательства Республики Казахстан о социальной защите лиц с инвалидностью, совершенное в виде:

1) необеспечения лицам с инвалидностью доступа к объектам социальной и транспортной инфраструктуры;

2) необеспечения условий для доступа лиц с инвалидностью к культурно-зрелищным мероприятиям;

3) несоблюдения работодателем обязанностей в сфере профессиональной реабилитации лиц с инвалидностью от трудового увечья и (или) профессионального заболевания, полученных по вине работодателя, –

влечет штраф на должностных лиц в размере пятидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста двадцати, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц в размере восьмидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере двухсот пятидесяти, на субъектов крупного предпринимательства – в размере шестисот месячных расчетных показателей.

3. Необеспечение лиц с инвалидностью видами социальной реабилитации в соответствии с индивидуальной программой абилитации и реабилитации лиц с инвалидностью –

влечет штраф на должностных лиц в размере двадцати месячных расчетных показателей.

Сноска. Статья 83 в редакции Закона РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 84. Нарушение законодательства Республики Казахстан в области специальных социальных услуг

Сноска. Заголовок статьи 84 с изменением, внесенным Законом РК от 20.04.2023 № 227-VII (вводится в действие с 01.07.2023).

1. Нарушение законодательства Республики Казахстан в области специальных социальных услуг, совершенное в виде:

1) нарушения установленных сроков проведения оценки и определения потребности в предоставлении специальных социальных услуг, вынесения решения о предоставлении гарантированного объема специальных социальных услуг;

2) невыполнения решения о предоставлении гарантированного объема специальных социальных услуг, –

влечет штраф на должностных лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере шестидесяти месячных расчетных показателей.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц в размере тридцати, на субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере восьмидесяти месячных расчетных показателей.

Сноска. Статья 84 с изменением, внесенным Законом РК от 20.04.2023 № 227-VII (вводится в действие с 01.07.2023).

Статья 85. Разглашение участниками медиации сведений, ставших известными в ходе проведения медиации

1. Разглашение участниками медиации сведений, ставших известными в ходе проведения медиации, без разрешения стороны, предоставившей эту информацию, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф в размере двадцати месячных расчетных показателей.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере шестидесяти месячных расчетных показателей.

Статья 86. Допуск к работе лица без заключения трудового договора

1. Допуск работодателем к работе лица без заключения трудового договора –

влечет штраф на должностных лиц в размере тридцати, на субъектов малого предпринимательства или некоммерческие организации – в размере шестидесяти, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц в размере шестидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере восьмидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

3. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное в отношении несовершеннолетних, –

влечет штраф на должностных лиц в размере пятидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере восьмидесяти, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

4. Действие (бездействие), предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц в размере семидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

Сноска. Статья 86 в редакции Закона РК от 23.11.2015 № 415-V (вводится в действие с 01.01.2016); с изменениями, внесенными Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 87. Нарушение требований по оплате труда

1. Невыплата заработной платы работодателем в полном объеме и в сроки, которые установлены трудовым законодательством Республики Казахстан, а равно неначисление и невыплата пени за период задержки платежа по вине работодателя –

влекут штраф на должностных лиц в размере тридцати, на субъектов малого предпринимательства или некоммерческие организации – в размере шестидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на должностных лиц в размере шестидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере восьмидесяти, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

3. Нарушение требований трудового законодательства Республики Казахстан по оплате сверхурочной работы, работы в праздничные и выходные дни, а также оплате труда в ночное время –

влечет штраф на должностных лиц в размере тридцати, на субъектов малого предпринимательства или некоммерческие организации – в размере шестидесяти, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере ста двадцати месячных расчетных показателей.

4. Действия, предусмотренные частью третьей настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на должностных лиц в размере шестидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере восьмидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

Сноска. Статья 87 в редакции Закона РК от 23.11.2015 № 415-V (вводится в действие с 01.01.2016); с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 88. Непредоставление отпусков

Непредоставление работодателем оплачиваемого ежегодного трудового отпуска либо его части в течение двух лет подряд –

влечет штраф на должностных лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере шестидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Сноска. Статья 88 с изменением, внесенным Законом РК от 23.11.2015 № 415-V (вводится в действие с 01.01.2016).

Статья 89. Незаконное превышение нормы рабочего времени

1. Незаконное превышение работодателем либо принимающей стороной нормальной и сокращенной продолжительности рабочего времени и ежедневной работы (рабочей смены), предусмотренной трудовым законодательством Республики Казахстан, –

влечет предупреждение.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц в размере сорока, на субъектов малого предпринимательства или некоммерческие организации – в размере шестидесяти, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере ста двадцати месячных расчетных показателей.

Сноска. Статья 89 с изменением, внесенным Законом РК от 02.07.2021 № 63-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 90. Допущение дискриминации в сфере труда

1. Допущение работодателем дискриминации в сфере труда, выраженное в нарушении права работника на равную оплату за равный труд, а также на равные производственно-бытовые условия, в том числе при выполнении работ в рамках договора на оказание услуг по предоставлению персонала, –

влечет штраф на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере шестидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц, субъектов малого предпринимательства или некоммерческие организации в размере шестидесяти, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере ста двадцати месячных расчетных показателей.

3. Размещение центром занятости населения, частным агентством занятости, а также работодателем информации о вакансиях для приема на работу, содержащей требования дискриминационного характера в сфере труда, –

влечет штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

4. Действие, предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере тридцати, на субъектов малого предпринимательства или некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Сноска. Статья 90 с изменениями, внесенными законами РК от 16.04.2018 № 147-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 04.05.2020 № 321-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.07.2021 № 63-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 91. Нарушение законодательства Республики Казахстан в области пенсионного обеспечения, а также неисполнение обязанностей по выплате государственных пособий

Сноска. Заголовок статьи 91 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 20.04.2023 № 227-VII (вводится в действие с 01.07.2023).

1. Нарушение единым накопительным пенсионным фондом (добровольным накопительным пенсионным фондом) установленных законодательством Республики Казахстан в области пенсионного обеспечения сроков и (или) порядка, и (или) условий осуществления пенсионных выплат, переводов, а также порядка заключения договоров в области пенсионного обеспечения за счет добровольных пенсионных взносов –

влечет штраф на юридических лиц в размере четырехсот месячных расчетных показателей.

2. Непредставление, несвоевременное представление единым накопительным пенсионным фондом Государственной корпорации "Правительство для граждан" сведений о вкладчиках, присоединившихся к договору о пенсионном обеспечении за счет обязательных пенсионных взносов, обязательных профессиональных пенсионных взносов, а равно представление недостоверных сведений об указанных вкладчиках –

влекут штраф на юридическое лицо в размере ста месячных расчетных показателей.

3. Деяния, предусмотренные частью второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на юридическое лицо в размере двухсот месячных расчетных показателей.

4. Неисполнение обязанностей по выплате пенсий и государственных пособий в полном размере и (или) установленные сроки должностными лицами Государственной корпорации "Правительство для граждан" –

влечет штраф на должностных лиц в размере тридцати месячных расчетных показателей.

5. Осуществление единым накопительным пенсионным фондом или добровольным накопительным пенсионным фондом сделок и операций в нарушение законодательства Республики Казахстан в области пенсионного обеспечения –

влечет штраф на юридических лиц – в размере четырехсот месячных расчетных показателей.

6. Неисполнение либо ненадлежащее исполнение физическим лицом, индивидуальным предпринимателем, частным нотариусом, частным судебным исполнителем, адвокатом, юридическим лицом обязанностей, предусмотренных законодательством Республики Казахстан в области пенсионного обеспечения, совершенное в виде:

1) непредставления в орган государственных доходов списков вкладчиков единого накопительного пенсионного фонда, в пользу которых взыскивается задолженность по обязательным пенсионным взносам, обязательным профессиональным пенсионным взносам;

2) непредставления в органы государственных доходов расчетов по исчисленным, удержанным (начисленным) и перечисленным суммам обязательных пенсионных взносов, обязательных профессиональных пенсионных взносов в сроки, установленные законодательством Республики Казахстан в области пенсионного обеспечения;

3) неведения первичного учета исчисленных, удержанных (начисленных) и перечисленных обязательных пенсионных взносов, обязательных профессиональных пенсионных взносов по каждому работнику в соответствии с порядком, установленным законодательством Республики Казахстан;

4) непредставления вкладчикам сведений об исчисленных, удержанных (начисленных) и перечисленных обязательных пенсионных взносах, обязательных профессиональных пенсионных взносах в сроки, установленные законодательством Республики Казахстан в области пенсионного обеспечения;

5) неперечисления, несвоевременного и (или) неполного исчисления, удержания (начисления) и (или) уплаты (перечисления) обязательных пенсионных взносов, обязательных профессиональных пенсионных взносов в единый накопительный пенсионный фонд;

6) непрекращения всех расходных операций по кассе по распоряжению органов государственных доходов в случаях, предусмотренных законодательством Республики Казахстан в области пенсионного обеспечения, –

влечет предупреждение.

7. Деяние, предусмотренное частью шестой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти процентов от суммы неперечисленных, несвоевременно и (или) неполно исчисленных, удержанных (начисленных) и (или) уплаченных (перечисленных) обязательных пенсионных взносов, обязательных профессиональных пенсионных взносов.

8. Неисполнение банками и организациями, осуществляющими отдельные виды банковских операций, обязанностей, установленных законодательством Республики Казахстан в области пенсионного обеспечения, совершенное в виде:

1) неприостановления расходных операций по банковским счетам агентов – юридических лиц или индивидуальных предпринимателей, частных нотариусов, частных судебных исполнителей и адвокатов по распоряжению органов государственных доходов в случаях и порядке, предусмотренных законодательством Республики Казахстан в области пенсионного обеспечения;

2) неперечисления (незачисления), несвоевременного перечисления (позднее дня совершения операций по списанию денег с банковских счетов или следующего дня внесения наличных денег в банк или организацию, осуществляющую отдельные виды банковских операций) либо допущения ошибок при заполнении реквизитов платежного документа по вине банка или организации, осуществляющей отдельные виды банковских операций, при переводе в Государственную корпорацию "Правительство для граждан" суммы обязательных пенсионных взносов, обязательных профессиональных пенсионных взносов и пеней;

3) неисполнения в порядке, установленном законодательством Республики Казахстан, инкассовых распоряжений органов государственных доходов на взимание сумм обязательных пенсионных взносов, обязательных профессиональных пенсионных взносов и пеней, –

влечет штраф в размере пяти процентов от суммы совершенных расходных операций по банковским счетам агентов за период неисполнения обязанностей, установленных законодательством Республики Казахстан в области пенсионного обеспечения.

9. Объявление или опубликование единым накопительным пенсионным фондом или добровольным накопительным пенсионным фондом в масс-медиа рекламы, не соответствующей действительности на день опубликования, –

влечет штраф на юридических лиц в размере двухсот месячных расчетных показателей.

10. Несоответствие инвестиционной декларации добровольного накопительного пенсионного фонда требованиям, предусмотренным законодательством Республики Казахстан в области пенсионного обеспечения, к ее содержанию –

влечет штраф на юридических лиц в размере ста месячных расчетных показателей.

11. Непредоставление, а равно неоднократное (два и более раза в течение двенадцати последовательных календарных месяцев) несвоевременное предоставление единым накопительным пенсионным фондом или добровольным накопительным пенсионным фондом, учредителями (акционерами) добровольного накопительного пенсионного фонда и (или) его аффилиированными лицами сведений или иной запрашиваемой информации -

влекут штраф на физических лиц в размере ста, на юридических лиц – в размере двухсот месячных расчетных показателей.

12. Предоставление единым накопительным пенсионным фондом или добровольным накопительным пенсионным фондом, учредителями (акционерами) добровольного накопительного пенсионного фонда и (или) его аффилиированными лицами недостоверной, а равно неполной отчетности, сведений или иной запрашиваемой информации –

влечет штраф на физических лиц в размере ста, на юридических лиц – в размере двухсот месячных расчетных показателей.

Примечание. Для целей частей шестой и седьмой настоящей статьи лицо не подлежит привлечению к административной ответственности в случае, если сумма неперечисленных, несвоевременно и (или) неполно исчисленных, удержанных (начисленных) и (или) уплаченных (перечисленных) обязательных пенсионных взносов, обязательных профессиональных пенсионных взносов составляет менее одного месячного расчетного показателя, устанавливаемого в соответствии с законом, действующим на дату выявления административного правонарушения.

Сноска. Статья 91 с изменениями, внесенными законами РК от 17.11.2015 № 408-V (вводится в действие с 01.03.2016); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 20.04.2023 № 227-VII (вводится в действие с 01.07.2023); от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 92. Нарушение законодательства Республики Казахстан в области обязательного социального страхования

Сноска. Заголовок статьи 92 с изменением, внесенным Законом РК от 20.04.2023 № 227-VII (вводится в действие с 01.07.2023).

1. Неисполнение либо ненадлежащее исполнение должностными лицами требований, установленных законодательством Республики Казахстан в области обязательного социального страхования, совершенное в виде:

1) нарушения установленных сроков и полноты размера назначенных социальных выплат государственным фондом социального страхования;

2) нарушения установленных сроков и полноты размера выплаты социальных выплат Государственной корпорацией "Правительство для граждан", –

влечет штраф на должностных лиц в размере тридцати месячных расчетных показателей.

2. Неисполнение либо ненадлежащее исполнение плательщиком социальных отчислений обязанностей, предусмотренных законодательством Республики Казахстан в области обязательного социального страхования, совершенное в виде:

1) непредставления в орган государственных доходов списков участников системы обязательного социального страхования, в пользу которых взыскивается задолженность по социальным отчислениям;

2) неуплаты (неперечисления), несвоевременной и (или) неполной уплаты (перечисления) социальных отчислений;

3) непрекращения всех расходных операций по кассе по распоряжению органов государственных доходов в случаях, предусмотренных законодательством Республики Казахстан в области обязательного социального страхования, –

влечет предупреждение.

3. Деяния, предусмотренные частью второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на частных нотариусов, частных судебных исполнителей, адвокатов, субъектов малого предпринимательства или некоммерческие организации в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти процентов от суммы неуплаченных (неперечисленных), несвоевременно и (или) неполно уплаченных (перечисленных) социальных отчислений.

4. Неисполнение банками и организациями, осуществляющими отдельные виды банковских операций, обязанностей, установленных законодательством Республики Казахстан в области обязательного социального страхования, совершенное в виде:

1) непрекращения всех расходных операций по банковским счетам плательщика социальных отчислений по распоряжению органов государственных доходов в случаях, предусмотренных законодательством Республики Казахстан в области обязательного социального страхования;

2) неперечисления (незачисления), несвоевременного перечисления (позднее дня совершения операций по списанию денег с банковских счетов или следующего дня внесения наличных денег в банк или организацию, осуществляющую отдельные виды банковских операций) либо допущения ошибок при заполнении реквизитов платежного документа по вине банка или организации, осуществляющей отдельные виды банковских операций, при переводе в Государственную корпорацию "Правительство для граждан" суммы социальных отчислений и пеней;

3) неисполнения в порядке, установленном законодательством Республики Казахстан, инкассовых распоряжений органов государственных доходов на взимание сумм социальных отчислений и пеней, –

влечет штраф в размере пяти процентов от суммы совершенных расходных операций по банковским счетам плательщиков за период неисполнения обязанностей, установленных законодательством Республики Казахстан в области обязательного социального страхования.

Примечание. Для целей частей второй и третьей настоящей статьи лицо не подлежит привлечению к административной ответственности в случае, если сумма неуплаченных (неперечисленных), несвоевременно и (или) неполно уплаченных (перечисленных) социальных отчислений не превышает размера одного месячного расчетного показателя, устанавливаемого в соответствии с законом, действующим на дату выявления административного правонарушения.

Сноска. Статья 92 с изменениями, внесенными законами РК от 17.11.2015 № 408-V (вводится в действие с 01.03.2016); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 26.12.2019 № 287-VІ (вводится в действие с 01.01.2020); от 20.04.2023 № 227-VII (вводится в действие с 01.07.2023).

Статья 92-1. Нарушение законодательства Республики Казахстан об обязательном социальном медицинском страховании

1. Неисполнение либо ненадлежащее исполнение плательщиком отчислений и (или) взносов на обязательное социальное медицинское страхование обязанностей, предусмотренных законодательством Республики Казахстан об обязательном социальном медицинском страховании, совершенное в виде:

1) непредставления в органы государственных доходов списков плательщиков отчислений и (или) взносов на обязательное социальное медицинское страхование;

2) неуплаты (неперечисления), несвоевременной и (или) неполной уплаты (несвоевременного и (или) неполного перечисления) отчислений и (или) взносов на обязательное социальное медицинское страхование работодателями, индивидуальными предпринимателями, частными нотариусами, частными судебными исполнителями, адвокатами, профессиональными медиаторами -

влечет предупреждение.

2. Деяния, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, -

влекут штраф на частных нотариусов, частных судебных исполнителей, адвокатов, профессиональных медиаторов, субъектов малого предпринимательства или некоммерческие организации в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти процентов от суммы неуплаченных (неперечисленных), несвоевременно и (или) неполно уплаченных (перечисленных) отчислений и (или) взносов на обязательное социальное медицинское страхование.

3. Неисполнение банками и организациями, осуществляющими отдельные виды банковских операций, обязанностей, установленных законодательством Республики Казахстан об обязательном социальном медицинском страховании, совершенное в виде:

1) непрекращения всех расходных операций по банковским счетам плательщика социальных отчислений по распоряжению органов государственных доходов в случаях, предусмотренных законодательством Республики Казахстан об обязательном социальном медицинском страховании;

2) неисполнения в порядке, установленном законодательством Республики Казахстан, инкассовых распоряжений органов государственных доходов на взимание сумм отчислений и (или) взносов на обязательное социальное медицинское страхование и пеней, влечет штраф в размере пяти процентов от суммы совершенных расходных операций по банковским счетам плательщиков за период неисполнения обязанностей, установленных законодательством Республики Казахстан об обязательном социальном медицинском страховании.

Примечание. Для целей частей первой и второй настоящей статьи лицо не подлежит привлечению к административной ответственности в случае, если сумма неуплаченных (неперечисленных), несвоевременно и (или) неполно уплаченных (перечисленных) отчислений и (или) взносов на обязательное социальное медицинское страхование не превышает размера одного месячного расчетного показателя, установленного в соответствии с законом, действующим на дату выявления административного правонарушения.

Сноска. Глава 10 дополнена статьей 92-1 в соответствии с Законом РК от 16.11.2015 № 406-V (вводится в действие с 01.07.2017).

Статья 93. Нарушение правил обеспечения безопасности и охраны труда

1. Отсутствие службы (специалиста) безопасности и охраны труда в производственных организациях в соответствии с требованием трудового законодательства Республики Казахстан –

влечет предупреждение.

2. Нарушение работодателем требований по проведению обязательных и периодических медицинских осмотров и предсменного медицинского освидетельствования работников в соответствии с требованием трудового законодательства Республики Казахстан –

влечет предупреждение.

3. Необеспечение работников лечебно-профилактическим питанием, средствами индивидуальной и коллективной защиты в соответствии с требованием трудового законодательства Республики Казахстан –

влечет предупреждение.

4. Неисполнение работодателем требований трудового законодательства Республики Казахстан по проведению обучения, проверок знаний по вопросам безопасности и охраны труда работников, руководителей и лиц, ответственных за обеспечение безопасности и охраны труда, –

влечет предупреждение.

5. Действия, предусмотренные частями первой, второй, третьей, четвертой настоящей статьи, совершенные повторно в течение года после предупреждения, –

влекут штраф на субъектов малого предпринимательства или некоммерческие организации в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере ста двадцати месячных расчетных показателей.

6. Неисполнение работодателем требований трудового законодательства Республики Казахстан по проведению инструктирования (кроме вводного инструктажа) и отсутствие документов по безопасности и охраны труда –

влекут штраф на субъектов малого предпринимательства или некоммерческие организации в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере восьмидесяти месячных расчетных показателей.

7. Деяния, предусмотренные частью шестой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на субъектов малого предпринимательства или некоммерческие организации в размере сорока, на субъектов среднего предпринимательства – в размере шестидесяти, на субъектов крупного предпринимательства – в размере ста двадцати месячных расчетных показателей.

Сноска. Статья 93 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 04.05.2020 № 321-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 94. Нарушение требований законодательства по проведению аттестации производственных объектов по условиям труда

Нарушение работодателем требований законодательства по проведению аттестации производственных объектов по состоянию условий труда, установленных трудовым законодательством Республики Казахстан, –

влечет предупреждение или штраф на субъектов малого предпринимательства или некоммерческие организации в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати пяти, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Исключен Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).
Сноска. Статья 94 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 95. Необеспечение расследования несчастных случаев, связанных с трудовой деятельностью

Сноска. Заголовок статьи 95 в редакции Закона РК от 23.11.2015 № 415-V (вводится в действие с 01.01.2016).

1. Необеспечение расследования несчастных случаев, связанных с трудовой деятельностью, в соответствии с требованием трудового законодательства Республики Казахстан -

влечет штраф на субъектов малого предпринимательства или некоммерческие организации в размере тридцати пяти, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере ста сорока месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства или некоммерческие организации в размере семидесяти, на субъектов среднего предпринимательства – в размере ста сорока, на субъектов крупного предпринимательства – в размере двухсот восьмидесяти месячных расчетных показателей.

Сноска. Статья 95 с изменениями, внесенными законами РК от 23.11.2015 № 415-V (вводится в действие с 01.01.2016); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 96. Несообщение о факте несчастного случая, связанного с трудовой деятельностью

Сноска. Заголовок статьи 96 в редакции Закона РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Несообщение о факте несчастного случая, связанного с трудовой деятельностью, –

влечет штраф на субъектов малого предпринимательства или некоммерческие организации в размере семидесяти, на субъектов среднего предпринимательства – в размере ста пяти, на субъектов крупного предпринимательства – в размере ста сорока месячных расчетных показателей.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства или некоммерческие организации в размере ста сорока, на субъектов среднего предпринимательства – в размере двухсот десяти, на субъектов крупного предпринимательства – в размере двухсот восьмидесяти месячных расчетных показателей.

Сноска. Статья 96 с изменениями, внесенными законами РК от 23.11.2015 № 415-V (вводится в действие с 01.01.2016); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 97. Нарушение требований законодательства по заключению коллективного договора, соглашения

1. Уклонение от участия в переговорах по заключению, изменению или дополнению коллективного договора, соглашения или нарушение сроков проведения указанных переговоров, необеспечение работы соответствующей комиссии в определенные сторонами сроки –

влекут штраф на лиц, уполномоченных на ведение переговоров, в размере четырехсот месячных расчетных показателей.

2. Необоснованный отказ от заключения коллективного договора, соглашения –

влечет штраф на лиц, уполномоченных заключить коллективный договор, соглашение, в размере четырехсот месячных расчетных показателей.

3. Невыполнение или нарушение обязательства по коллективному договору, соглашению –

влечет штраф на лиц, виновных в невыполнении обязательств по коллективному договору, соглашению, в размере четырехсот месячных расчетных показателей.

4. Непредоставление информации, необходимой для проведения коллективных переговоров и осуществления контроля за выполнением коллективных договоров, соглашений, –

влечет штраф на лиц, виновных в непредоставлении информации, в размере восьмидесяти месячных расчетных показателей.

Сноска. Статья 97 в редакции Закона РК от 23.11.2015 № 415-V (вводится в действие с 01.01.2016).

Статья 98. Нарушение законодательства Республики Казахстан в области занятости населения

Сноска. Заголовок статьи 98 с изменением, внесенным Законом РК от 20.04.2023 № 227-VII (вводится в действие с 01.07.2023).

1. Нарушение работодателем законодательства Республики Казахстан в области занятости населения, совершенное в виде:

1) непредоставления в полном объеме и (или) в установленные сроки центру занятости населения информации о предстоящем высвобождении работников в связи с ликвидацией работодателя – юридического лица либо прекращением деятельности работодателя – физического лица, сокращением численности или штата, снижением объема производств и выполняемых работ и услуг, повлекшим ухудшение экономического состояния работодателя;

2) ненаправления, несвоевременного направления центру занятости населения сведений о наличии вакансий;

3) непредставления, несвоевременного извещения о приеме на работу или отказе в приеме на работу;

4) невыполнения установленной квоты рабочих мест для лиц с инвалидностью, лиц, состоящих на учете службы пробации, а также лиц, освобожденных из мест лишения свободы, и граждан из числа молодежи, потерявших или оставшихся до наступления совершеннолетия без попечения родителей, являющихся выпускниками организаций образования, -

5) исключен Законом РК от 16.04.2018 № 147-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования);

влечет предупреждение.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц, субъектов малого предпринимательства или некоммерческие организации в размере пяти, на субъектов среднего предпринимательства – в размере семи, на субъектов крупного предпринимательства – в размере десяти месячных расчетных показателей.

3. Незаключение частным агентством занятости договора с лицом, обратившимся для получения услуг по трудовому посредничеству, –

влечет предупреждение.

4. Действие (бездействие), предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере десяти месячных расчетных показателей.

5. Исключена Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).
6. Исключена Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).
Сноска. Статья 98 с изменениями, внесенными законами РК от 06.04.2016 № 483-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 16.04.2018 № 147-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 13.05.2020 № 327-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 20.04.2023 № 227-VII (вводится в действие с 01.07.2023); от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 99. Нарушение законодательства Республики Казахстан о государственной службе

1. Нарушение процедуры конкурсного отбора на занятие вакантной административной государственной должности –

влечет штраф на должностных лиц в размере пятнадцати месячных расчетных показателей.

2. Неправомерное освобождение лиц с административных государственных должностей –

влечет штраф на должностных лиц в размере тридцати месячных расчетных показателей.

Сноска. Статья 99 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 100. Обращение во вред физическому или юридическому лицу поданной им жалобы

Обращение жалобы во вред физическому или юридическому лицу, подавшему обоснованную жалобу или в интересах которого она была подана, –

влечет штраф на должностных лиц в размере десяти месячных расчетных показателей.

Глава 11. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ
НА ИЗБИРАТЕЛЬНЫЕ ПРАВА (ПРАВО НА УЧАСТИЕ В
РЕСПУБЛИКАНСКОМ РЕФЕРЕНДУМЕ)

Статья 101. Непредставление избирательной комиссии (комиссии республиканского референдума)должностными лицами необходимых сведений и материалов или невыполнение решений комиссии

Непредставление избирательной комиссии (комиссии республиканского референдума) должностными лицами сведений и материалов о наличии или отсутствии не погашенной или не снятой в установленном законом порядке судимости кандидата; о виновности в совершении коррупционного преступления и правонарушения кандидата, признанной судом в установленном законом порядке; о гражданстве кандидата; о достоверности сведений о доходах и имуществе, задекларированных кандидатом или его (ее) супругой (супругом); о списках избирателей по каждому избирательному участку или невыполнение ими решения комиссии, принятого в пределах ее полномочий, –

влечет штраф в размере двадцати месячных расчетных показателей.

Статья 102. Проведение предвыборной агитации в период ее запрещения

Проведение предвыборной агитации до окончания срока регистрации кандидата, партийного списка, выдвинутого политической партией, в день выборов либо предшествующий им день, а также проведение агитации в день проведения республиканского референдума либо предшествующий ему день –

влекут штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов крупного предпринимательства – в размере тридцати пяти месячных расчетных показателей.

Статья 103. Воспрепятствование праву вести предвыборную агитацию

Воспрепятствование кандидатам в президенты, в депутаты или на иные выборные должности, их доверенным лицам, политическим партиям в процессе реализации ими права вести предвыборную агитацию –

влечет штраф на физических лиц в размере двадцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

Статья 104. Распространение заведомо ложных сведений о кандидатах, политических партиях

Распространение заведомо ложных сведений о кандидатах, политических партиях или совершение иных действий, порочащих их честь, достоинство и деловую репутацию, в целях влияния на исход выборов –

влечет штраф на физических лиц в размере двадцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

Статья 105. Нарушение прав члена избирательной комиссии (комиссии республиканского референдума)

Нарушение прав члена избирательной комиссии (комиссии республиканского референдума) выступать на заседании избирательной комиссии, вносить предложения по вопросам, входящим в компетенцию соответствующей избирательной комиссии, и требовать проведения по ним голосования, знакомиться с документами и материалами избирательной комиссии, в которой он состоит, получать удостоверенные их копии, осуществлять проверку деятельности нижестоящей избирательной комиссии –

влечет штраф в размере тридцати пяти месячных расчетных показателей.

Статья 106. Нарушение права граждан на ознакомление со списком избирателей

Нарушение членом избирательной комиссии (комиссии республиканского референдума) права граждан на ознакомление со списком избирателей (выборщиков, списком лиц, имеющих право участвовать в республиканском референдуме) либо нерассмотрение в день поступления заявления в избирательную комиссию, либо отказ выдать гражданину копию решения в письменной форме с изложением мотивов отклонения заявления о внесении исправления в список избирателей (выборщиков, список лиц, имеющих право участвовать в республиканском референдуме), либо неисполнение решения суда об исправлении списка избирателей (выборщиков, списка лиц, имеющих право участвовать в республиканском референдуме) в незамедлительном порядке –

влечет предупреждение или штраф в размере тридцати месячных расчетных показателей.

Сноска. Статья 106 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 107. Представление неверных сведений об избирателях для составления списков избирателей (граждан, имеющих право участвовать в республиканском референдуме)

1. Представление должностными лицами местным исполнительным органам неверных сведений об избирателях (гражданах, имеющих право участвовать в республиканском референдуме) для составления списков избирателей (граждан, имеющих право участвовать в референдуме) –

влечет штраф в размере двадцати пяти месячных расчетных показателей.

2. Представление недостоверных списков избирателей (граждан, имеющих право участвовать в республиканском референдуме) должностными лицами местных исполнительных органов в соответствующую избирательную комиссию –

влечет штраф в размере тридцати месячных расчетных показателей.

Статья 108. Нарушение требования о равном избирательном праве

Нарушение требования о равном избирательном праве путем голосования два или более раза или за другого избирателя –

влечет штраф в размере двадцати пяти месячных расчетных показателей.

Статья 109. Осуществление иностранцами, лицами без гражданства, иностранными юридическими лицами и международными организациями деятельности, препятствующей и (или) способствующей выдвижению и избранию кандидатов, политических партий, выдвинувших партийный список, достижению определенного результата на выборах

Осуществление иностранцами, лицами без гражданства, иностранными юридическими лицами и международными организациями деятельности, препятствующей и (или) способствующей выдвижению и избранию кандидатов, политических партий, выдвинувших партийный список, достижению определенного результата на выборах, –

влечет штраф на физических лиц в размере тридцати месячных расчетных показателей с административным выдворением за пределы Республики Казахстан или без такового, на юридических лиц – в размере одной тысячи месячных расчетных показателей.

Статья 110. Выдача гражданам избирательных бюллетеней (бюллетеней для голосования) в целях предоставления им возможности голосования за других лиц

Выдача членом избирательной комиссии (комиссии республиканского референдума) гражданам избирательных бюллетеней (бюллетеней для голосования) в целях предоставления им возможности голосования за других лиц –

влечет штраф в размере двадцати пяти месячных расчетных показателей.

Статья 111. Отказ работодателя в предоставлении отпуска для участия в выборах (республиканском референдуме)

Отказ работодателя предоставить зарегистрированному кандидату в депутаты или на иную выборную должность либо члену избирательной комиссии предусмотренный законодательными актами отпуск для участия в подготовке и проведении выборов в органы государственной власти, управления и в органы местного самоуправления (республиканского референдума) –

влечет штраф в размере тридцати месячных расчетных показателей.

Статья 112. Нарушение условий проведения предвыборной агитации через средства массовой информации и онлайн-платформы

Сноска. Заголовок статьи 112 с изменением, внесенным Законом РК от 05.11.2022 № 158-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

1. Необъективное освещение средствами массовой информации выборной кампании кандидатов, политических партий, выразившееся в искажении целей, задач и результатов предвыборных мероприятий, а также событий и фактов, связанных с ними, –

влечет штраф на физических лиц в размере двадцати, на должностных лиц – в размере тридцати, на юридических лиц – в размере пятидесяти месячных расчетных показателей.

1-1. Распространение субъектами телерадиовещания любых агитационных материалов в новостных, аналитических программах –

влечет штраф в размере пятидесяти месячных расчетных показателей.

2. Публикация средствами массовой информации, пользователями онлайн-платформ агитационных материалов и иной информации, заведомо порочащих честь, достоинство и деловую репутацию кандидата или политической партии, а также отказ в предоставлении указанным лицам возможности бесплатного опубликования опровержения в защиту чести, достоинства и деловой репутации –

влекут штраф на физических лиц в размере двадцати, на должностных лиц – в размере тридцати, на юридических лиц – в размере пятидесяти месячных расчетных показателей.

3. Прерывание и комментирование выступлений кандидатов на телевидении и по радио сразу после выступления, а также в печатных изданиях в том же номере –

влекут штраф физических лиц в размере двадцати, должностных лиц – в размере тридцати, на юридических лиц – в размере пятидесяти месячных расчетных показателей.

4. Нарушение средствами массовой информации требований о распространении информации о мероприятиях по выдвижению всех кандидатов и партийных списков, их регистрации избирательными комиссиями в равных объемах печатной площади, эфирного времени –

влечет штраф на физических лиц в размере двадцати, должностных лиц – в размере тридцати, на юридических лиц – в размере пятидесяти месячных расчетных показателей.

5. Опубликование или выпуск в эфир агитационных материалов кандидатов, политических партий, участвующих в выборах, средствами массовой информации, которые не позднее пяти дней до начала проведения предвыборной агитации не объявили и не опубликовали, а также не представили в избирательную комиссию сведения о размере оплаты, условиях и порядке предоставления эфира и печатной площади, –

влечет штраф на должностных лиц в размере тридцати, на юридических лиц – в размере пятидесяти месячных расчетных показателей.

6. Отказ средства массовой информации в выделении эфирного времени, печатной площади одному из кандидатов, политической партии, выдвинувшей партийный список, в случае, если другому кандидату, политической партии, выдвинувшей партийный список, этим же средством массовой информации было дано согласие на выделение эфирного времени, печатной площади, –

влечет штраф на должностных лиц в размере тридцати, на юридических лиц – в размере пятидесяти месячных расчетных показателей.

7. Нарушение очередности выступления кандидатов и политических партий, выдвинувших партийные списки, в средствах массовой информации, установленной в порядке поступления письменных обращений либо по жребию, в случае, если обращения поступили одновременно, –

влечет штраф на должностных лиц в размере тридцати, на юридических лиц – в размере пятидесяти месячных расчетных показателей.

8. Создание преимущества тому или иному кандидату, политической партии, выдвинувшей партийный список, условиями договора о предоставлении кандидатам и политическим партиям, выдвинувшим партийные списки, эфирного времени, печатной площади в средствах массовой информации –

влечет штраф на должностных лиц в размере тридцати, на юридических лиц – в размере пятидесяти месячных расчетных показателей.

Сноска. Статья 112 с изменениями, внесенными законами РК от 29.06.2018 № 163-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 05.11.2022 № 158-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 113. Изготовление или распространение анонимных агитационных материалов

Изготовление или распространение в период подготовки и проведения выборов в органы государственной власти и органы местного самоуправления (республиканского референдума) агитационных материалов, не содержащих информацию об организациях, выпустивших данные материалы (по печатным материалам – месте их печатания и тираже), лицах, сделавших заказ, и из каких средств оплачено, а также изготовление агитационных материалов за пределами территории Республики Казахстан, распространение анонимных агитационных материалов –

влекут штраф в размере двадцати пяти месячных расчетных показателей.

Сноска. Статья 113 с изменением, внесенным Законом РК от 05.11.2022 № 158-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 114. Умышленное уничтожение, повреждение агитационных материалов

Умышленное уничтожение, повреждение агитационных материалов кандидатов в депутаты или на иную выборную должность, вывешенных с согласия собственника или иного владельца на зданиях, сооружениях и иных объектах, –

влекут штраф в размере пятнадцати месячных расчетных показателей.

Статья 115. Непредставление или неопубликование отчетов о расходовании средств на подготовку и проведение выборов (республиканского референдума)

Непредставление кандидатом, лицом, избранным депутатом или на иную выборную должность, либо политической партией сведений о размерах поступлений (пожертвований) в избирательные фонды и об источниках создания избирательных фондов, а также отчета об использовании средств избирательного фонда –

влечет штраф на кандидата, лицо, избранное депутатом или на иную выборную должность, в размере пятнадцати, на юридическое лицо – в размере пятидесяти пяти месячных расчетных показателей.

Статья 116. Финансирование избирательной кампании или оказание иной материальной помощи, помимо избирательных фондов

Оказание финансовой или иной материальной помощи, а также благотворительной помощи, оказываемой благотворительными организациями и объединениями кандидатам, политическим партиям, выдвинувшим партийные списки, помимо их избирательных фондов, –

влечет штраф на физических лиц в размере двадцати пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

Сноска. Статья 116 с изменениями, внесенными Законом РК от 16.11.2015 № 403-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 117. Принятие пожертвований кандидатом на выборную государственную должность либо политической партией от иностранных государств, организаций, иностранцев и лиц без гражданства

Принятие кандидатом в депутаты или на иную выборную государственную должность либо политической партией пожертвований в любой форме от иностранного государства, международной организации или международного общественного объединения, зарубежных государственных органов, иностранцев и юридических лиц, созданных в соответствии с законодательством другого государства, а также лиц без гражданства –

влечет штраф на кандидата в депутаты или на иную выборную должность в размере пятидесяти, на юридическое лицо – в размере ста месячных расчетных показателей, с конфискацией предметов пожертвования.

Статья 118. Оказание физическими и юридическими лицами услуг кандидатам, политическим партиям без их письменного согласия

Оказание физическими и юридическими лицами услуг кандидатам, политическим партиям в связи с их предвыборной деятельностью без их письменного согласия –

влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

Статья 119. Непредставление либо неопубликование сведений об итогах голосования или о результатах выборов (республиканского референдума)

1. Непредставление председателем участковой избирательной комиссии для ознакомления доверенному лицу кандидата, представителю средств массовой информации, наблюдателю сведений об итогах голосования, обязательных для представления в соответствии с законодательством Республики, –

влечет штраф в размере десяти месячных расчетных показателей.

2. Исключен Законом РК от 29.06.2018 № 163-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

3. Деяние, предусмотренное частью первой настоящей статьи, совершенное председателем территориальной избирательной комиссии, а также нарушение им сроков опубликования либо неполное опубликование установленных избирательным законодательством (законодательством о республиканском референдуме) сведений об итогах голосования на выборах (республиканском референдуме) –

влекут штраф в размере пятнадцати месячных расчетных показателей.

4. Деяния, предусмотренные частями первой и третьей настоящей статьи, совершенные Председателем Центральной избирательной комиссии Республики Казахстан, –

влекут штраф в размере двадцати пяти месячных расчетных показателей.

Сноска. Статья 119 с изменением, внесенным Законом РК от 29.06.2018 № 163-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 120. Нарушение условий проведения опроса общественного мнения, связанного с выборами

1. Нарушение средствами массовой информации порядка публикаций результатов опросов общественного мнения, прогнозов результатов выборов, иных исследований, связанных с выборами, а именно неуказание юридического лица, проводившего опрос, лиц, заказавших опрос и оплативших его, времени проведения опроса, метода сбора информации, точной формулировки вопроса, числа опрошенных и коэффициента погрешности результатов опроса –

влечет штраф на физических лиц в размере пятнадцати, на юридических лиц – в размере тридцати месячных расчетных показателей.

2. Опубликование в средствах массовой информации результатов опросов общественного мнения, прогнозов результатов выборов, иных исследований, связанных с выборами, голосования в поддержку кандидатов либо политических партий в сети Интернет в течение пяти дней до дня голосования и в день голосования, а также проведение опроса общественного мнения в день выборов в помещении или пункте для голосования –

влекут штраф на физических лиц в размере десяти, на юридических лиц – в размере двадцати пяти месячных расчетных показателей.

3. Проведение опроса общественного мнения без соблюдения требований выборного законодательства Республики Казахстан –

влечет штраф на физических лиц в размере пятнадцати, на юридических лиц – в размере тридцати месячных расчетных показателей.

Сноска. Статья 120 в редакции Закона РК от 29.06.2018 № 163-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 121. Внесение изменений в списки избирателей (выборщиков) после начала подсчета голосов

Внесение изменений в списки избирателей (выборщиков) после начала подсчета голосов –

влечет штраф в размере двадцати месячных расчетных показателей.

Статья 122. Нарушение условий проведения предвыборной агитации

1. Проведение государственными органами, органами местного самоуправления, а также их должностными лицами при исполнении служебных обязанностей, военнослужащими Вооруженных Сил Республики Казахстан, других войск и воинских формирований Республики Казахстан, работниками органов национальной безопасности, правоохранительных органов, судьями, членами избирательных комиссий, религиозными объединениями предвыборной агитации, а также распространение указанными лицами любых агитационных предвыборных материалов –

влекут штраф на физических лиц в размере двадцати, на должностных лиц – в размере тридцати месячных расчетных показателей.

2. Проведение предвыборной агитации, сопровождаемой предоставлением избирателям бесплатно или на льготных условиях товаров, услуг, ценных бумаг, а также проведением лотерей, благотворительных акций, выплатой денег либо обещанием предоставления таковых, –

влечет штраф в размере двадцати месячных расчетных показателей.

3. Участие журналистов, должностных лиц редакций средств массовой информации, зарегистрированных кандидатами либо их доверенными лицами, в освещении выборов через средства массовой информации –

влечет штраф в размере двадцати месячных расчетных показателей.

Статья 123. Нарушение условий предоставления кандидатам помещений для встреч с избирателями

Отказ должностных лиц местных исполнительных органов и органов самоуправления в предоставлении на договорной основе одному из кандидатов, политической партии, выдвинувшей партийный список, помещений для встреч с избирателями в случае, если другому кандидату, политической партии, выдвинувшей партийный список, было дано согласие, –

влечет штраф в размере тридцати месячных расчетных показателей.

Статья 124. Размещение агитационных материалов

Размещение агитационных материалов на памятниках, обелисках, зданиях и сооружениях, имеющих историческую, культурную или архитектурную ценность, а также в помещении для голосования –

влечет штраф в размере двадцати пяти месячных расчетных показателей.

Статья 125. Нарушение порядка расходования средств, выделенных из республиканского бюджета на проведение предвыборной агитации

Нецелевое расходование кандидатами в депутаты или на иную выборную должность средств, выделенных из республиканского бюджета на проведение предвыборной агитации, –

влечет штраф в размере пяти месячных расчетных показателей.

Статья 126. Воспрепятствование законной деятельности доверенных лиц кандидатов, политических партий, представителей средств массовой информации и наблюдателей на выборах

1. Воспрепятствование праву доверенных лиц кандидатов, политических партий, наблюдателей политических партий, иных общественных объединений, некоммерческих организаций Республики Казахстан, представителей средств массовой информации на присутствие на заседаниях избирательной комиссии либо присутствие на избирательном участке в день голосования с момента его открытия и до установления результатов голосования при подсчете голосов избирателей, либо наблюдение за ходом голосования, процедурой подсчета голосов и оформления результатов голосования на избирательном участке, в пункте для голосования, либо присутствие при вскрытии и установке оборудования электронной избирательной системы, а также при проверке его работы в случаях, когда такое право предусмотрено законом, –

влечет штраф в размере тридцати пяти месячных расчетных показателей.

2. Воспрепятствование праву доверенных лиц кандидатов, политических партий, наблюдателей политических партий, иных общественных объединений, некоммерческих организаций Республики Казахстан на сопровождение членов избирательной комиссии для организации голосования вне помещения для голосования либо присутствие при проведении голосования избирателей вне помещения для голосования, либо осуществление фото-, аудио– и видеозаписи, либо наблюдение процедур передачи протоколов о результатах голосования вышестоящим избирательным комиссиям, либо отказ в получении информации о количестве избирателей, принявших участие в голосовании, в том числе в голосовании вне помещения, либо обжаловании решений, действий (бездействия) соответствующей избирательной комиссии и (или) ее членов в случаях, когда такое право предусмотрено законом, –

влечет штраф в размере тридцати пяти месячных расчетных показателей.

3. Отказ доверенным лицам кандидатов, политических партий в повторном подсчете голосов в случаях, когда такое право предусмотрено законом, –

влечет штраф в размере тридцати пяти месячных расчетных показателей.

4. Воспрепятствование праву наблюдателей иностранных государств и международных организаций, представителей иностранных средств массовой информации на присутствие на всех стадиях избирательного процесса либо получение в избирательных комиссиях информации о ходе избирательной кампании, либо доступ на избирательные участки во время проведения голосования и подсчета голосов, либо встречу с участниками избирательного процесса, либо дачу публичных заявлений, либо наблюдение процедур передачи протоколов о результатах голосования вышестоящим избирательным комиссиям в случаях, когда такое право предусмотрено законом, –

влечет штраф в размере тридцати пяти месячных расчетных показателей.

Глава 12. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ НА ПРАВА НЕСОВЕРШЕННОЛЕТНИХ

Статья 127. Неисполнение обязанностей по воспитанию и (или) образованию, защите прав и (или) интересов, мер по обеспечению безопасности несовершеннолетнего

Сноска. Заголовок - в редакции Закона РК от 15.04.2024 № 73-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

1. Неисполнение родителями или другими законными представителями обязанностей по воспитанию и (или) образованию, защите прав и (или) интересов, мер по обеспечению безопасности несовершеннолетних детей, а также по уходу за ними и содержанию –

влечет штраф в размере десяти месячных расчетных показателей.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пятнадцати месячных расчетных показателей либо административный арест на срок до пяти суток.

3. Деяние, предусмотренное частью первой настоящей статьи, совершенное родителем или иным лицом, на которое возложены эти обязанности, а равно педагогом или другим работником организации образования, здравоохранения или иной организации, на которого возложены обязанности по воспитанию и (или) образованию, повлекшее употребление несовершеннолетним алкогольных напитков, наркотических средств, психотропных веществ, их аналогов либо занятие бродяжничеством или попрошайничеством, либо совершение им умышленного деяния, содержащего признаки уголовного либо административного правонарушения, –

влечет штраф в размере двадцати месячных расчетных показателей либо административный арест на срок до десяти суток.

Сноска. Статья 127 в редакции Закона РК от 27.12.2019 № 294-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 15.04.2024 № 73-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 127-1. Несообщение о противоправных деяниях, совершенных несовершеннолетними или в отношении несовершеннолетних

1. Несообщение работниками организаций образования, здравоохранения, социальной защиты населения в правоохранительные органы о фактах совершения несовершеннолетними или в отношении них действий (бездействия), содержащих признаки уголовного либо административного правонарушения, в организациях образования, здравоохранения, социальной защиты населения, а также о фактах, ставших им известными в связи с профессиональной деятельностью вне организаций образования, здравоохранения, социальной защиты населения, если эти деяния не содержат признаков уголовного наказуемого деяния, предусмотренного статьей 434 Уголовного кодекса Республики Казахстан, –

влечет штраф на физических лиц в размере пяти, на должностных лиц – в размере десяти месячных расчетных показателей.

2. То же деяние, совершенное повторно в течение года после наложения административного взыскания, предусмотренного частью первой настоящей статьи, –

влечет штраф на физических лиц в размере двадцати, на должностных лиц – в размере тридцати месячных расчетных показателей.

Сноска. Глава 12 дополнена статьей 127-1 в соответствии с Законом РК от 01.04.2019 № 240-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 127-2. Травля (буллинг, кибербуллинг) несовершеннолетнего

1. Травля (буллинг, кибербуллинг) несовершеннолетнего –

влечет предупреждение или штраф в размере десяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере тридцати месячных расчетных показателей.

3. Действие, предусмотренное частями первой или второй настоящей статьи, совершенное несовершеннолетним лицом в возрасте от двенадцати до шестнадцати лет, –

влечет предупреждение или штраф на родителей или лиц, их заменяющих, в размере десяти месячных расчетных показателей.

Сноска. Закон дополнен статьей 127-2 в соответствии с Законом РК от 15.04.2024 № 73-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 128. Вовлечение несовершеннолетнего в совершение административного правонарушения

1. Вовлечение несовершеннолетнего в совершение административного правонарушения, за исключением деяний, предусмотренных частью второй настоящей статьи, –

влечет штраф в размере пятидесяти месячных расчетных показателей.

2. Вовлечение несовершеннолетнего в собрания, митинги, шествия, демонстрации и иные формы выражения общественных, групповых или личных интересов и протеста, проводимые в нарушение законодательства Республики Казахстан, а равно использование несовершеннолетнего в указанных формах выражения общественных, групповых или личных интересов и протеста –

влекут штраф в размере ста месячных расчетных показателей либо административный арест на срок до десяти суток.

Сноска. Статья 128 в редакции Закона РК от 26.11.2019 № 273-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 129. Невыполнение должностными лицами местных исполнительных органов и (или) законными представителями ребенка обязанности по постановке на учет детей-сирот, детей, оставшихся без попечения родителей, нуждающихся в жилище

1. Невыполнение должностными лицами местных исполнительных органов и (или) законными представителями ребенка обязанности по постановке на учет детей-сирот, детей, оставшихся без попечения родителей, нуждающихся в жилище, а равно постановка на учет с нарушением установленного срока –

влекут штраф в размере ста месячных расчетных показателей.

2. Деяния, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере двухсот месячных расчетных показателей.

Статья 130. Невыполнение должностными лицами местных исполнительных органов и (или) законными представителями ребенка обязанности по сохранности жилища детей-сирот, детей, оставшихся без попечения родителей

1. Невыполнение должностными лицами местных исполнительных органов и (или) законными представителями ребенка обязанности по сохранности жилища детей-сирот, детей, оставшихся без попечения родителей, –

влечет штраф в размере ста пятидесяти месячных расчетных показателей.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере двухсот месячных расчетных показателей.

Сноска. Статья 130 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 131. Доведение несовершеннолетнего до состояния опьянения

Доведение несовершеннолетнего до состояния опьянения –

влечет штраф в размере двадцати месячных расчетных показателей либо административный арест на срок до пяти суток.

Статья 132. Допущение нахождения несовершеннолетних в развлекательных заведениях в ночное время

1. Допущение нахождения несовершеннолетних в развлекательных заведениях без сопровождения законных представителей в ночное время (с 22 до 6 часов утра) –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере пятнадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей, с приостановлением деятельности или отдельных видов деятельности.

Сноска. Статья 132 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 133. Продажа табака и табачных изделий, в том числе изделий с нагреваемым табаком, табака для кальяна, кальянной смеси, систем для нагрева табака, лицами, не достигшими восемнадцати лет

1. Продажа табака и табачных изделий, в том числе изделий с нагреваемым табаком, табака для кальяна, кальянной смеси, систем для нагрева табака, лицами, не достигшими восемнадцати лет, –

влечет штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства – в размере двадцати пяти, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере тридцати, на субъектов малого предпринимательства – в размере пятидесяти, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Сноска. Статья 133 в редакции Закона РК от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными Законом РК от 19.04.2024 № 74-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 134. Распространение несовершеннолетним предметов эротического содержания либо информационной продукции, содержащей информацию, запрещенную для детей

1. Распространение, то есть продажа, подписка, доставка, раздача, показ, прокат и (или) аренда несовершеннолетним предметов эротического содержания либо информационной продукции, содержащей информацию, запрещенную для детей, - влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере шестидесяти, на субъектов крупного предпринимательства – в размере восьмидесяти месячных расчетных показателей, с конфискацией предметов эротического содержания и (или) информационной продукции, содержащей информацию, запрещенную для детей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, а равно с использованием сетей телекоммуникаций, – влечет штраф на физических лиц в размере сорока, на субъектов малого предпринимательства или некоммерческие организации – в размере шестидесяти, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере ста шестидесяти месячных расчетных показателей, с конфискацией предметов эротического содержания и (или) информационной продукции, содержащей информацию, запрещенную для детей.

Сноска. Статья 134 в редакции Закона РК от 02.07.2018 № 170-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 135. Нарушение порядка и сроков представления в Республиканский банк данных детей-сирот, детей, оставшихся без попечения родителей, и лиц, желающих принять детей на воспитание в свои семьи, и разглашение сведений о детях-сиротах, детях, оставшихся без попечения родителей

Сноска. Заголовок статьи 135 в редакции Закона РК от 09.04.2016 № 501-V (вводится в действие с 01.01.2017).

1. Нарушение руководителями организаций, в которых находятся дети, оставшиеся без попечения родителей, должностными лицами исполнительных органов Республики Казахстан, если это действие (бездействие) не содержит признаков уголовно наказуемого деяния, а также лицами, желающими принять детей на воспитание в свои семьи, совершенное в виде:

1) несоблюдения сроков представления сведений о детях-сиротах и детях, оставшихся без попечения родителей, в Республиканский банк данных детей-сирот, детей, оставшихся без попечения родителей, и лиц, желающих принять детей на воспитание в свои семьи;

2) представления недостоверных сведений о детях-сиротах, детях, оставшихся без попечения родителей, сокрытия данных, подлежащих отражению в Республиканском банке данных детей-сирот, детей, оставшихся без попечения родителей, и лиц, желающих принять детей на воспитание в свои семьи;

3) незаконного разглашения данных о детях-сиротах, детях, оставшихся без попечения родителей, содержащихся в Республиканском банке данных детей-сирот, детей, оставшихся без попечения родителей, и лиц, желающих принять детей на воспитание в свои семьи, –

влечет штраф в размере тридцати месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере шестидесяти месячных расчетных показателей.

Сноска. Статья 135 с изменениями, внесенными Законом РК от 09.04.2016 № 501-V (вводится в действие с 01.01.2017).

Статья 135-1. Несообщение должностными лицами о фактах оставления новорожденного, поступления и доставления детей-сирот и детей, оставшихся без попечения родителей

1. Несообщение должностными лицами медицинских организаций и организаций, осуществляющих функции по защите прав ребенка, о фактах оставления новорожденного, поступления и доставления детей-сирот и детей, оставшихся без попечения родителей, в орган, осуществляющий функции по опеке или попечительству, и прокуратуру соответствующей административно-территориальной единицы, –

влечет штраф в размере десяти месячных расчетных показателей.

2. То же деяние, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере тридцати месячных расчетных показателей.

Сноска. Глава 12 дополнена статьей 135-1 в соответствии с Законом от 05.07.2024 № 112-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Глава 13. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ НА СОБСТВЕННОСТЬ

Статья 136. Нарушение права государственной собственности на землю

Незаконное занятие или обмен государственных земельных участков либо совершение других сделок, в прямой или косвенной форме нарушающих право государственной собственности на землю, а также несвоевременный возврат временно занимаемых государственных земель –

влекут штраф на физических лиц в размере семидесяти пяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере семисот месячных расчетных показателей.

Статья 137. Нарушение земельного законодательства Республики Казахстан при предоставлении права на земельный участок и при изменении целевого назначения земельного участка

1. Нарушения земельного законодательства Республики Казахстан при предоставлении права на земельный участок и при изменении целевого назначения земельного участка, если эти действия не содержат признаков уголовно наказуемого деяния, совершенные в виде:

1) предоставления земельных участков или права аренды земельных участков, находящихся в государственной собственности и не предоставленных в землепользование без проведения торгов (аукционов) и конкурсов, за исключением случаев, когда на земельный участок или право аренды земельного участка не распространяются аукционный и конкурсный способы предоставления земельных участков;

2) нарушения установленных сроков рассмотрения ходатайств (заявлений) физических и юридических лиц о предоставлении соответствующего права на земельный участок;

3) принятия решения местным исполнительным органом о предоставлении прав на земельные участки без положительного заключения земельной комиссии и (или) без утвержденного землеустроительного проекта;

4) нарушения срока принятия решения местным исполнительным органом об отказе в предоставлении прав на земельные участки;

5) нарушения срока принятия решения местным исполнительным органом о предоставлении прав на земельные участки;

6) принятия решения местным исполнительным органом о предоставлении права частной собственности на земельные участки, которые не могут находиться в частной собственности;

7) принятия решения местным исполнительным органом о принудительном отчуждении земельного участка для государственных нужд в случаях, не предусмотренных законодательными актами;

8) принятия решения местным исполнительным органом о бесплатном предоставлении в частную собственность земельных участков размером выше нормы, предусмотренной земельным законодательством, а также повторного бесплатного предоставления;

9) принятия решения местным исполнительным органом о предоставлении права временного безвозмездного землепользования для цели или в срок, не предусмотренных земельным законодательством;

10) принятия решения местным исполнительным органом о предоставлении права частной собственности или права землепользования на земли сельскохозяйственного назначения иностранцам, лицам без гражданства, иностранным юридическим лицам, юридическим лицам Республики Казахстан с иностранным участием, международным организациям, научным центрам с международным участием, кандасам, а также гражданам Республики Казахстан, состоящим в браке (супружестве) с иностранцами или лицами без гражданства;

10-1) принятия решения местным исполнительным органом, акимом города районного значения, поселка, села, сельского округа о предоставлении права частной собственности или права землепользования на пастбища, указанные в плане по управлению пастбищами и их использованию, необходимые для удовлетворения нужд населения для выпаса сельскохозяйственных животных личного подворья;

10-2) принятия решения местным исполнительным органом, акимом города районного значения, поселка, села, сельского округа о предоставлении в раздельную собственность и землепользование гражданам и негосударственным юридическим лицам земельных участков, занятых сенокосными угодьями, используемыми и предназначенными для нужд населения, в том числе находящимися в пределах границ городов областного и районного значения, сельских населенных пунктов;

11) принятия решения местным исполнительным органом о предоставлении прав на земельные участки, не входящие в его компетенцию;

12) нарушения срока рассмотрения заявления об изменении целевого назначения земельного участка;

13) Исключен Законом РК от 15.03.2023 № 208-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

14) нарушения сроков утверждения землеустроительного проекта;

15) нарушения сроков заключения договоров купли-продажи, договоров аренды земельного участка и временного безвозмездного землепользования;

16) непроведения или несвоевременного проведения конкурсов по предоставлению права временного возмездного землепользования (аренды) для ведения крестьянского или фермерского хозяйства, сельскохозяйственного производства и торгов (аукционов) по предоставлению земельных участков или права аренды земельных участков после отказа в предоставлении по причине необходимости осуществления такого предоставления на торгах (аукционах);

17) нарушения уполномоченным органом по земельным отношениям сроков переоформления договора временного возмездного землепользования (аренды) земельных участков сельскохозяйственного назначения при отчуждении права землепользования;

18) нарушения сроков размещения и обновления информации по свободным земельным участкам и планируемым торгам (аукционам) на веб-портале реестра государственного имущества, интернет-ресурсах местных исполнительных органов и специальных информационных стендах в местах, доступных для населения, –

влекут штраф на должностных лиц в размере тридцати месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на должностных лиц в размере шестидесяти месячных расчетных показателей.

Сноска. Статья 137 с изменениями, внесенными Законом РК от 15.03.2023 № 208-VII (порядок введения в действие см. ст. 2).

Статья 138. Уничтожение специальных знаков

1. Уничтожение межевых знаков границ земельных участков –

влечет предупреждение или штраф на физических лиц в размере трех, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере десяти, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Уничтожение или повреждение наблюдательных и режимных скважин на подземные воды, наблюдательных режимных створов на водных объектах, водоохранных или водохозяйственных знаков, лесоустроительных или лесохозяйственных знаков в лесном фонде, маркшейдерских, геодезических пунктов и знаков –

влечет штраф на физических лиц в размере пяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Сноска. Статья 138 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 15.03.2023 № 208-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 139. Нарушение права государственной собственности на недра

1. Незаконное пользование недрами, за исключением подземных вод, совершение сделок, в прямой или скрытой форме нарушающих право государственной собственности на недра, –

влекут штраф в размере ста процентов от суммы причиненного ущерба ресурсам недр.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере двухсот процентов от суммы причиненного ущерба ресурсам недр с конфискацией полученного в результате совершения административного правонарушения имущества, а также орудий и предметов, использованных при совершении административного правонарушения.

Примечание. Под ущербом, причиненным ресурсам недр в результате совершения административного правонарушения, предусмотренного настоящей статьей, признается рыночная стоимость незаконно изъятых ресурсов недр.

Сноска. Статья 139 с изменениями, внесенными Законом РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 140. Выборочная отработка участков месторождения

Сноска. Статья 140 исключена Законом РК от 27.12.2017 № 126-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 141. Нарушение права государственной собственности на воды

1. Незаконный захват водных объектов, в том числе сброс сточных и других вод, незаконное водопользование, переуступка права водопользования, а также совершение других сделок, в прямой или скрытой форме нарушающих право государственной собственности на воды, –

влекут штраф на физических лиц в размере тридцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере шестидесяти, на субъектов крупного предпринимательства – в размере двухсот шестидесяти месячных расчетных показателей.

2. Забор воды с нарушением лимитов, превышение разрешенных объемов, несоблюдение установленных режимов водопользования, незаконное производство гидротехнических работ, нерациональное, нецелевое использование подземных и поверхностных вод, добытых или отведенных из водных объектов, –

влекут штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере ста семидесяти месячных расчетных показателей.

Сноска. Статья 141 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 142. Нарушение права государственной собственности на леса

Купля-продажа, дарение, залог, незаконное занятие и обмен участков лесного фонда, а также незаконная переуступка права осуществления лесных пользований, нарушающие права государственной собственности на леса, –

влекут штраф на физических лиц в размере двадцати, на должностных лиц – в размере двадцати пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере семидесяти, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

Статья 143. Нарушение права государственной собственности на животный и растительный мир

1. Незаконная переуступка права пользования объектами животного мира, а также совершение других сделок, в прямой или скрытой форме нарушающих право государственной собственности на животный мир, а равно незаконное пользование объектами животного мира в заповедниках и на других особо охраняемых природных территориях, на пользование которыми требуется получение разрешения, –

влекут штраф на физических лиц в размере десяти, на должностных лиц – в размере двадцати пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере семидесяти, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

2. Незаконная переуступка права пользования растительным миром, а также совершение других сделок, в прямой или скрытой форме нарушающих право государственной собственности на растительный мир, а равно незаконное пользование объектами растительного мира, на пользование которым требуется получение разрешения или направление уведомления, –

влекут штраф на физических лиц в размере десяти, на должностных лиц – в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства, – в размере трехсот месячных расчетных показателей.

Статья 143 с изменением, внесенным Законом РК от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 144. Незаконные подключение, использование энергии или воды

Сноска. Статья 144 исключена Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 145. Нарушение законодательства Республики Казахстан об охране и использовании объектов историко-культурного наследия

Нарушение законодательства Республики Казахстан об охране и использовании объектов историко-культурного наследия, совершенное в виде:

1) нарушений условий содержания памятника истории и культуры, прописанных в охранных обязательствах;

2) нарушений правил установления сооружений монументального искусства;

3) незаконного перемещения и изменения памятника истории и культуры;

4) непроведения при освоении территорий до отвода земельных участков археологических работ по выявлению объектов историко-культурного наследия;

5) проведения работ, которые могут создавать угрозу существованию объектов историко-культурного наследия;

6) нарушений режима использования земель в пределах охранных зон, зон регулирования застройки и зон охраняемого природного ландшафта памятников истории и культуры;

7) нарушений условий проведения научно-реставрационных работ на памятниках истории и культуры и условий осуществления археологических работ, –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот пятидесяти месячных расчетных показателей, с приостановлением производимых работ.

Сноска. Статья 145 в редакции Закона РК от 26.12.2019 № 289-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 146. Проезд по посевам или насаждениям

Проезд по посевам или насаждениям на механическом транспортном средстве, гужевом транспорте –

влечет предупреждение или штраф в размере пяти месячных расчетных показателей.

Статья 147. Потрава посевов, стогов, порча или уничтожение находящегося в поле собранного урожая сельскохозяйственных культур, повреждение насаждений

1. Потрава посевов, стогов, порча или уничтожение находящегося в поле собранного урожая сельскохозяйственных культур либо повреждение насаждений сельскохозяйственных организаций независимо от организационно-правовых форм, крестьянских или фермерских хозяйств, личных подсобных хозяйств скотом или птицей –

влекут штраф на физических лиц в размере двадцати, на должностных лиц – в размере пятидесяти месячных расчетных показателей.

2. Те же действия, совершенные повторно в течение года после наложения административного взыскания, предусмотренного частью первой настоящей статьи, –

влекут штраф на физических лиц в размере сорока, на должностных лиц – в размере семидесяти месячных расчетных показателей.

Статья 147-1. Умышленное уничтожение или повреждение чужого имущества

1. Умышленное уничтожение или повреждение чужого имущества, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф в размере пятидесяти месячных расчетных показателей либо административный арест на срок от пяти до двадцати суток.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет административный арест на срок от двадцати до тридцати суток.

3. Действие, предусмотренное частью второй настоящей статьи, совершенное лицом, к которому административный арест в соответствии с частью второй статьи 50 настоящего Кодекса не применяется, –

влечет штраф в размере шестидесяти месячных расчетных показателей.

Сноска. Глава 13 дополнена статьей 147-1 в соответствии с Законом РК от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными Законом РК от 05.07.2024 № 112-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 148. Нарушение сроков возврата государственных натурных грантов

Нарушение сроков возврата государственных натурных грантов, установленных законодательством Республики Казахстан в области инвестиций, –

влечет штраф на субъектов малого предпринимательства в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

Сноска. Статья 148 с изменением, внесенным Законом РК от 29.10.2015 № 376-V (вводится в действие с 01.01.2016).

Статья 149. Неисполнение и (или) ненадлежащее исполнение обязанностей по обеспечению антитеррористической защищенности объекта, уязвимого в террористическом отношении

Сноска. Заголовок статьи 149 в редакции Закона РК от 13.05.2020 № 325-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

1. Неисполнение и (или) ненадлежащее исполнение собственником, владельцем, руководителем или иным должностным лицом объекта, уязвимого в террористическом отношении, либо субъектом охранной деятельности, заключившим договор об оказании охранных услуг по объекту, уязвимому в террористическом отношении, обязанностей по обеспечению антитеррористической защищенности объекта –

влекут штраф на физических или должностных лиц в размере ста, на субъектов малого предпринимательства или некоммерческие организации - в размере двухсот, на субъектов среднего предпринимательства - в размере трехсот, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

2. Действия (бездействие), предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических или должностных лиц в размере двухсот, на субъектов малого предпринимательства или некоммерческие организации – в размере трехсот, на субъектов среднего предпринимательства – в размере пятисот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с приостановлением деятельности или отдельных видов деятельности на срок до трех месяцев или без таковой.

Сноска. Статья 149 с изменениями, внесенными законами РК от 22.12.2016 № 28-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 13.05.2020 № 325-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 150. Рекламирование деятельности финансовой (инвестиционной) пирамиды

Производство, распространение и размещение рекламы деятельности финансовой (инвестиционной) пирамиды, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф на физических лиц в размере ста пятидесяти, на должностных лиц – в размере ста семидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере шестисот месячных расчетных показателей, с приостановлением выпуска (выхода в эфир) масс-медиа на срок до трех месяцев.

Сноска. Статья 150 с изменениями, внесенными законами РК от 12.07.2022 № 140-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Глава 14. Административные правонарушения в области предпринимательской деятельности, а также реабилитации, восстановления платежеспособности и банкротства

Сноска. Заголовок главы 14 - в редакции Закона РК от 30.12.2022 № 180-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 151. Нарушение правил вывоза или отправки сырья, продовольственных и промышленных товаров за пределы Республики Казахстан

1. Нарушение правил вывоза или отправки сырья, продовольственных, промышленных товаров за пределы Республики Казахстан –

влечет штраф на физических лиц в размере пяти, на субъектов малого предпринимательства – в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере тридцати пяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей, с конфискацией сырья или товаров или без таковой.

Сноска. Статья 151 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2022 № 180-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 152. Нарушение правил приема сырья, продовольственных и промышленных товаров для отправки за пределы Республики Казахстан

Сноска. Статья 152 исключена Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 153. Незаконное предпринимательство

Занятие запрещенными видами предпринимательской деятельности, если это деяние причинило крупный ущерб гражданину, организации или государству либо сопряжено с извлечением дохода в крупном размере или производством, хранением, перевозкой либо сбытом подакцизных товаров в значительных размерах, если эти действия не содержат признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц, субъектов малого предпринимательства в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти процентов от суммы причиненного ущерба, от суммы извлеченного дохода и стоимости подакцизных товаров, полученных в результате незаконного предпринимательства.

Примечания.

1. Крупным ущербом в статьях 153 и 155 настоящего Кодекса признается ущерб, причиненный гражданину на сумму, не превышающую одну тысячу месячных расчетных показателей, либо ущерб, причиненный организации или государству на сумму, не превышающую десять тысяч месячных расчетных показателей.

2. Доходом в крупном размере в статьях 153 и 155 настоящего Кодекса признается доход, сумма которого не превышает десять тысяч месячных расчетных показателей.

3. В настоящей статье значительным размером признается такое количество товаров, стоимость которых не превышает одну тысячу месячных расчетных показателей.

Примечание ИЗПИ!
См. Нормативное постановление Конституционного Суда РК от 13.06.2023 № 19.

Статья 154. Занятие предпринимательской деятельностью лицом, для которого установлен законодательством Республики Казахстан запрет на осуществление такой деятельности

Занятие предпринимательской деятельностью лицом, для которого установлен законодательством Республики Казахстан запрет на осуществление такой деятельности, –

влечет штраф на физических лиц в размере двухсот месячных расчетных показателей с конфискацией предметов и (или) орудия совершения административных правонарушений и (или) доходов (дивидендов), денег, ценных бумаг, полученных вследствие совершения правонарушения.

Статья 155. Незаконная банковская деятельность

Осуществление банковской деятельности (банковских операций) без регистрации или без специального разрешения (лицензии) в случаях, когда такое разрешение (лицензия) обязательно, причинившее крупный ущерб гражданину, организации или государству либо сопряженное с извлечением дохода в крупном размере, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц, субъектов малого предпринимательства в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти процентов от суммы причиненного ущерба, от суммы извлеченного дохода, полученного в результате незаконной деятельности.

Статья 156. Нарушение требований законодательства Республики Казахстан о культуре

1. Нарушение требований законодательства Республики Казахстан о культуре, совершенное в виде:

1) проката фильмов на территории Республики Казахстан без прокатного удостоверения на фильм;

2) неинформирования зрителей в установленном порядке о возрастной категории фильма;

3) несоблюдения установленного времени при прокате фильмов с возрастными категориями "18+" и "21+";

4) непредоставления информации и (или) предоставления искаженной информации по фильмам организациями, осуществляющими деятельность по показу фильмов, в Единую автоматизированную информационную систему мониторинга фильмов;

5) несоблюдения порядка и условий временного вывоза культурных ценностей;

6) непредоставления обязательного бесплатного экземпляра издания в национальные библиотеки и Национальную государственную книжную палату Республики Казахстан, -

влечет предупреждение.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Сноска. Статья 156 с изменениями, внесенными законами РК от 05.05.2017 № 60-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.01.2019 № 213-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 156-1. Нарушение законодательства Республики Казахстан о защите детей от информации, причиняющей вред их здоровью и развитию

1. Нарушение законодательства Республики Казахстан о защите детей от информации, причиняющей вред их здоровью и развитию, совершенное в виде:

1) распространения периодических печатных изданий без знака возрастной категории;

2) несоблюдения установленного времени при распространении посредством телерадиовещания информационной продукции, содержащей информацию, отнесенную к возрастной категории "с 18 лет";

3) распространения посредством телерадиовещания информационной продукции без указания знака возрастной категории или без сообщения возрастной категории в начале теле-, радиопрограммы, а также при каждом возобновлении после ее прерывания, –

влечет предупреждение.

2. Распространение аудиовизуальной и (или) печатной продукции без знака возрастной категории –

влечет предупреждение.

3. Деяния, предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере шестидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Сноска. Глава 14 дополнена статьей 156-1 в соответствии с Законом РК от 02.07.2018 № 170-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 157. Заведомо ложная реклама

Использование рекламодателем в рекламе информации, вводящей потребителя в заблуждение, относительно товаров, работ или услуг, а также их производителей, исполнителей или продавцов –

влечет штраф на физических лиц в размере ста, на субъектов малого предпринимательства – в размере трехсот пятидесяти, на субъектов среднего предпринимательства – в размере пятисот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

Сноска. Статья 157 в редакции Закона РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 158. Незаконное использование чужого товарного знака, знака обслуживания, наименования места происхождения товара или фирменного наименования

Незаконное использование чужого товарного знака, знака обслуживания или наименования места происхождения товара или сходных с ними до степени смешения обозначений для однородных товаров или услуг, а также незаконное использование чужого фирменного наименования, за исключением случаев, связанных с исчерпанием исключительного права на товарный знак, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере восьмидесяти месячных расчетных показателей, с конфискацией товаров, содержащих незаконное изображение товарного знака, знака обслуживания, наименование места происхождения товара или сходных с ними до степени смешения обозначений для однородных товаров или услуг.

Примечание. Конфискованные в соответствии с настоящей статьей контрафактные товары подлежат уничтожению в порядке, предусмотренном статьей 795 настоящего Кодекса, за исключением случаев, когда введение в оборот таких товаров необходимо в общественных интересах и не нарушает требований законодательства Республики Казахстан о защите прав потребителей (при условии удаления с товара и его упаковки незаконно используемого товарного знака или сходного с ним до степени смешения обозначения).

Сноска. Статья 158 в редакции Закона РК от 27.10.2015 № 365-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 20.06.2018 № 161-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 21.01.2019 № 217-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 159. Монополистическая деятельность

1. Антиконкурентные соглашения субъектов рынка, запрещенные Предпринимательским кодексом Республики Казахстан, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф на субъектов малого или среднего предпринимательства или некоммерческие организации в размере трех, на субъектов крупного предпринимательства – в размере пяти процентов от дохода (выручки), полученного в результате осуществления монополистической деятельности, с конфискацией монопольного дохода, полученного в результате осуществления монополистической деятельности, не более чем за один год.

2. Антиконкурентные согласованные действия субъектов рынка, запрещенные Предпринимательским кодексом Республики Казахстан, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф на субъектов малого или среднего предпринимательства или некоммерческие организации в размере трех, на субъектов крупного предпринимательства – в размере пяти процентов от дохода (выручки), полученного в результате осуществления монополистической деятельности, с конфискацией монопольного дохода, полученного в результате осуществления монополистической деятельности, не более чем за один год.

3. Злоупотребления субъектами рынка своим доминирующим или монопольным положением путем установления, поддержания монопольно высоких (низких) или монопсонически низких цен, запрещенные Предпринимательским кодексом Республики Казахстан, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф на субъектов малого или среднего предпринимательства или некоммерческие организации в размере трех, на субъектов крупного предпринимательства – в размере пяти процентов от дохода (выручки), полученного в результате осуществления монополистической деятельности, с конфискацией монопольного дохода, полученного в результате осуществления монополистической деятельности, не более чем за один год.

3-1. Злоупотребления субъектами рынка своим доминирующим или монопольным положением, за исключением установления, поддержания монопольно высоких (низких) или монопсонически низких цен, запрещенные Предпринимательским кодексом Республики Казахстан, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф на субъектов малого или среднего предпринимательства или некоммерческие организации в размере трех, на субъектов крупного предпринимательства – в размере пяти процентов от дохода (выручки), полученного в результате осуществления монополистической деятельности.

4. Действия, предусмотренные частями первой, второй , третьей и 3-1 настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на субъектов малого или среднего предпринимательства или некоммерческие организации в размере пяти, на субъектов крупного предпринимательства – в размере десяти процентов от дохода (выручки), полученного в результате осуществления монополистической деятельности, с конфискацией монопольного дохода, полученного в результате осуществления монополистической деятельности, не более чем за один год.

5. Координация физическими и (или) юридическими лицами экономической деятельности субъектов рынка, способная привести, приводящая или приведшая к любой форме антиконкурентных соглашений субъектов рынка, запрещенных Предпринимательским кодексом Республики Казахстан, –

влечет штраф на физических лиц в размере ста пятидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере трехсот пятидесяти, на субъектов среднего предпринимательства – в размере пятисот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

6. Действие, предусмотренное частью пятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере двухсот, на субъектов малого предпринимательства или некоммерческие организации – в размере трехсот пятидесяти, на субъектов среднего предпринимательства – в размере семисот, на субъектов крупного предпринимательства – в размере тысячи пятисот месячных расчетных показателей.

Примечание.

Субъект рынка, совершивший административное правонарушение в виде антиконкурентного соглашения или антиконкурентных согласованных действий, освобождается от административной ответственности при совокупном соблюдении следующих условий:

1) к моменту, когда субъект рынка заявляет антимонопольному органу об антиконкурентных соглашениях или антиконкурентных согласованных действиях, антимонопольный орган не получал информации о данных антиконкурентных соглашениях или антиконкурентных согласованных действиях из других источников;

2) субъект рынка предпринимает срочные меры по прекращению своего участия в антиконкурентных соглашениях или антиконкурентных согласованных действиях;

3) субъект рынка сообщает полную информацию о фактах антиконкурентных соглашений или антиконкурентных согласованных действий на протяжении всего расследования с момента заявления;

4) субъект рынка добровольно возмещает ущерб потребителям, причиненный в результате совершения антиконкурентных соглашений или антиконкурентных согласованных действий

Сноска. Статья 159 с изменениями, внесенными законами РК от 05.05.2015 № 312-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 29.10.2015 № 376-V (вводится в действие с 01.01.2016); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 160. Нарушение законодательства Республики Казахстан о государственной монополии

1. Несоблюдение субъектом государственной монополии ограничений, установленных законодательством Республики Казахстан о государственной монополии, –

влечет штраф в размере трехсот месячных расчетных показателей.

2. Осуществление деятельности, отнесенной к сфере государственной монополии, неуполномоченным лицом –

влечет штраф на физических лиц в размере пятидесяти, на субъектов малого предпринимательства – в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот пятидесяти месячных расчетных показателей, с конфискацией предметов и (или) орудия совершения административного правонарушения или без таковой.

Сноска. Статья 160 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 161. Неправомерные действия субъектов рынка при экономической концентрации

1. Экономическая концентрация субъектов рынка без получения согласия антимонопольного органа в случае, если такое согласие необходимо, невыполнение субъектами рынка, участвующими в экономической концентрации, требований и обязательств, которыми было обусловлено решение о даче согласия на экономическую концентрацию, –

влекут штраф на физических лиц в размере восьмидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот двадцати, на субъектов крупного предпринимательства – в размере тысячи шестисот месячных расчетных показателей.

2. Непредставление или несвоевременное представление уведомления в антимонопольный орган о совершенной экономической концентрации в случае, если наличие такого уведомления необходимо, –

влечет штраф на физических лиц в размере восьмидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот двадцати, на субъектов крупного предпринимательства – в размере тысячи шестисот месячных расчетных показателей.

Статья 162. Невыполнение предписания антимонопольного органа. Нарушение обязательств по предоставлению информации и создание препятствий доступу в помещения и на территорию

Невыполнение предписания или выполнение его не в полном объеме, непредоставление информации либо предоставление информации в неполном объеме антимонопольному органу в установленные сроки, предоставление недостоверной и (или) ложной информации антимонопольному органу, создание препятствий должностным лицам антимонопольного органа, проводящим расследование, в доступе в помещения и на территорию –

влекут штраф на физических лиц в размере пятидесяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере трехсот шестидесяти, на субъектов крупного предпринимательства – в размере тысячи шестисот месячных расчетных показателей.

Сноска. Статья 162 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 163. Антиконкурентные действия (бездействие)государственных, местных исполнительных органов, организаций, наделенных государством функциями регулирования деятельности субъектов рынка, недобросовестная конкуренция

Сноска. Заголовок статьи 163 в редакции Закона РК от 28.12.2016 № 34-VI (вводится в действие с 01.01.2017).

1. Антиконкурентные действия (бездействие) государственных, местных исполнительных органов, организаций, наделенных государством функциями регулирования деятельности субъектов рынка, –

влекут штраф на должностных лиц в размере трехсот месячных расчетных показателей.

2. Недобросовестная конкуренция –

влечет штраф на субъектов малого предпринимательства в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере тысячи пятисот месячных расчетных показателей.

3. Действие, предусмотренное частью второй настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере трехсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

Сноска. Статья 163 с изменениями, внесенными Законом РК от 28.12.2016 № 34-VI (вводится в действие с 01.01.2017).

Статья 163-1. Координация организаторами закупок товаров, операторами закупок и торгов деятельности поставщиков закупок, участников торгов

1. Координация организаторами закупок товаров, операторами закупок и торгов деятельности поставщиков закупок и участников торгов, если такое действие приводит или может привести к недопущению, ограничению или устранению конкуренции и не содержит признаков уголовно наказуемого деяния, –

влечет штраф на должностных лиц в размере ста месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц в размере ста пятидесяти месячных расчетных показателей.

Сноска. Глава 14 дополнена статьей 163-1 в соответствии с Законом РК от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 164. Нарушение законодательства Республики Казахстан о естественных монополиях

Сноска. Заголовок статьи 164 с изменением, внесенным Законом РК от 28.12.2016 № 34-VI (вводится в действие с 01.01.2017).

1. Непредоставление субъектом естественной монополии в уполномоченные органы, осуществляющие руководство в сферах естественных монополий, сфере информатизации и связи, сфере гражданской авиации, информации, отчета и уведомления установленных форм, а равно предоставление информации, отчета и уведомления установленных форм с нарушением установленных сроков –

влекут штраф на субъектов малого предпринимательства в размере двухсот, на субъектов среднего предпринимательства – в размере двухсот сорока, на субъектов крупного предпринимательства – в размере восьмисот месячных расчетных показателей.

2. Те же действия (бездействие), совершенные повторно в течение года после наложения административного взыскания, предусмотренного частью первой настоящей статьи, –

влекут штраф на субъектов малого предпринимательства в размере двухсот сорока, на субъектов среднего предпринимательства – в размере двухсот восьмидесяти, на субъектов крупного предпринимательства – в размере тысячи двухсот месячных расчетных показателей.

3. Непредоставление лицами, осуществляющими деятельность, отнесенную к сфере естественной монополии, в уполномоченный орган заявления и документов, информации о включении в Государственный регистр на субъектов естественных монополий в течение пятнадцати календарных дней со дня начала осуществления данной деятельности в порядке, установленном законодательством о естественных монополиях, –

влечет штраф в размере ста процентов от суммы дохода (выручки), полученного в результате совершения административного правонарушения.

4. Несоблюдение субъектом естественной монополии ограничений, а равно неисполнение или ненадлежащее исполнение субъектом естественной монополии обязанностей, установленных законодательством Республики Казахстан о естественных монополиях, за исключением обязанности предоставления в уполномоченные органы, осуществляющие руководство в сферах естественных монополий, сфере информатизации и связи, сфере гражданской авиации, информации, отчета и уведомления установленных форм, –

влекут штраф на субъектов малого предпринимательства в размере двухсот восьмидесяти, на субъектов среднего предпринимательства – в размере трехсот двадцати, на субъектов крупного предпринимательства – в размере тысячи шестисот месячных расчетных показателей.

5. Действие (бездействие), предусмотренное частью четвертой настоящей статьи, повлекшее получение дохода (выручки), –

влечет штраф на юридических лиц в размере десяти процентов от дохода (выручки), полученного в результате совершения административного правонарушения.

Примечание. Под доходом (выручкой), полученным в результате совершения административного правонарушения, понимается разница между доходом (выручкой), полученным субъектом естественной монополии, и доходом (выручкой), который должен был получить субъект естественной монополии при соблюдении законодательства Республики Казахстан.

Сноска. Статья 164 с изменениями, внесенными законами РК от 29.10.2015 № 376-V (вводится в действие с 01.01.2016); от 28.12.2016 № 34-VI (вводится в действие с 01.01.2017); от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 165. Нарушение порядка реализации (продажи)электрической энергии

1. Реализация (продажа) энергопроизводящей организацией электрической энергии, превышающей отпускную цену электрической энергии, за исключением случаев реализации (продажи) на спот-торгах (не более десяти процентов от объемов вырабатываемой такими организациями электрической энергии за календарный месяц), на балансирующем рынке, на экспорт и на централизованных торгах электрической энергией цифровым майнерам в рамках установленных квот, определяемых системным оператором, –

влечет штраф на юридических лиц в размере десяти процентов от дохода (выручки), полученного в результате совершения административного правонарушения.

2. Реализация (продажа) энергопроизводящей организацией электрической энергии физическим и юридическим лицам, не являющимся субъектами оптового и (или) розничного рынка, за исключением случаев экспорта электрической энергии, –

влечет штраф на юридических лиц в размере ста процентов от суммы дохода (выручки), полученного в результате совершения административного правонарушения.

3. Незаконное приобретение (покупка) энергопроизводящей организацией электрической энергии у другой энергопроизводящей организации –

влечет штраф на юридических лиц в размере ста процентов от суммы оплаты за электрическую энергию, приобретенную (купленную) в результате совершения административного правонарушения.

4. Незаконная реализация (продажа) энергоснабжающей организацией электрической энергии другой энергоснабжающей организации, а равно ее незаконное приобретение (покупка) у другой энергоснабжающей организации –

влекут штраф на юридических лиц в размере ста процентов от суммы оплаты за электрическую энергию, реализованную (проданную), равно как и приобретенную (купленную) в результате совершения административного правонарушения.

Примечания.

1. Под доходом (выручкой), полученным в результате совершения административного правонарушения, понимается:

1) по части первой настоящей статьи: разница между доходом (выручкой), полученным энергопроизводящей организацией, за исключением случаев, предусмотренных настоящей статьей, и доходом (выручкой), рассчитанным соответственно по предельному, расчетному, индивидуальному тарифам электрической энергии;

2) по частям второй, третьей и четвертой настоящей статьи: весь доход (выручка), полученный в результате нарушения запрета на реализацию (продажу) электрической энергии, установленного законодательством Республики Казахстан об электроэнергетике.

2. В состав дохода (выручки) следует включать и стоимость реализованной (проданной) электрической энергии, но не оплаченной ко дню составления протокола об административном правонарушении.

Сноска. Статья 165 с изменением, внесенным Законом РК от 06.02.2023 № 195-VII (вводится в действие с 01.04.2023).

Статья 166. Нарушение обязанностей субъектом общественно значимого рынка

1. Непредоставление субъектом общественно значимого рынка информации об отпускных ценах с приложением обосновывающих материалов, подтверждающих уровень цены, финансовой отчетности в соответствии с законодательством Республики Казахстан о бухгалтерском учете и финансовой отчетности, а также информации об объемах производства (реализации), уровне доходности и отпускных ценах монопольно производимых (реализуемых) товаров (работ, услуг) в сроки, установленные Предпринимательским кодексом Республики Казахстан, а равно предоставление недостоверной и (или) неполной информации в уполномоченный орган, осуществляющий руководство в сферах естественных монополий, –

влекут штраф на субъектов малого предпринимательства в размере трехсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

2. Неисполнение субъектом общественно значимого рынка инвестиционной программы (проекта), учтенной в предельной цене, –

влечет штраф на субъектов малого предпринимательства, на субъектов среднего предпринимательства, на субъектов крупного предпринимательства в размере десяти процентов от сумм, не использованных на реализацию инвестиционных программ (проектов).

3. Неисполнение субъектом общественно значимого рынка обязанности по возврату дохода (выручки), полученного и не использованного на реализацию инвестиционных программ (проектов), учтенных в предельных ценах, потребителям либо в случае невозможности установления полного перечня потребителей путем снижения уровня предельной цены на предстоящий период в соответствии с порядком ценообразования –

влечет штраф на субъектов малого предпринимательства в размере шестидесяти пяти, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере ста процентов от суммы дохода (выручки), полученного в результате совершения административного правонарушения.

4. Неисполнение субъектом общественно значимого рынка обязанности по возврату дохода (выручки), полученного в результате необоснованного превышения предельной цены, потребителям либо в случае невозможности установления полного перечня потребителей путем снижения уровня предельной цены на предстоящий период в соответствии с порядком ценообразования –

влечет штраф на субъектов малого предпринимательства в размере шестидесяти пяти, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере ста процентов от суммы дохода (выручки), полученного в результате совершения административного правонарушения.

5. Повышение цены и реализация товаров (работ, услуг) субъектом общественно значимого рынка без представления в уполномоченный орган, осуществляющий руководство в сферах естественных монополий, уведомления о предстоящем повышении цены в установленные законодательством Республики Казахстан сроки, а равно неснижение действующей или проектируемой цены до уровня цены, определенного уполномоченным органом, осуществляющим руководство в сферах естественных монополий, в порядке, установленном Предпринимательским кодексом Республики Казахстан, –

влекут штраф на субъектов малого предпринимательства, на субъектов среднего предпринимательства, на субъектов крупного предпринимательства в размере десяти процентов от дохода (выручки), полученного в результате совершения административного правонарушения.

Примечания.

1. Под доходом (выручкой), полученным в результате совершения административного правонарушения, понимается:

1) по части второй настоящей статьи: разница между доходом (выручкой), полученным субъектом общественно значимого рынка, и доходом (выручкой), рассчитанным по цене, действовавшей до повышения, либо по цене, уровень которой определен уполномоченным органом, осуществляющим руководство в сферах естественных монополий;

2) по части третьей настоящей статьи: разница между доходом (выручкой), полученным субъектом общественно значимого рынка для реализации инвестиционных программ (проектов) за счет применения предельной цены, и доходом (выручкой), использованным на реализацию инвестиционных программ (проектов);

3) по части четвертой настоящей статьи: разница между доходом (выручкой), полученным субъектом общественно значимого рынка, и доходом (выручкой), сформированным исходя из уровня предельной цены.

2. В состав дохода (выручки) следует включать и стоимость проданного товара (работ, услуг), но не оплаченного на день составления протокола об административном правонарушении.

Сноска. Статья 166 в редакции Закона РК от 28.12.2016 № 34-VI (вводится в действие с 01.01.2017).

Статья 167. Несоблюдение субъектом общественно значимого рынка порядка ценообразования

Сноска. Заголовок статьи 167 в редакции Закона РК от 28.12.2016 № 34-VI (вводится в действие с 01.01.2017).

Несоблюдение субъектом общественно значимого рынка порядка ценообразования, установленного уполномоченным органом, осуществляющим руководство в сферах естественных монополий, –

влечет штраф на субъектов малого предпринимательства в размере трехсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

Сноска. Статья 167 с изменениями, внесенными законами РК от 05.05.2015 № 312-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2016 № 34-VI (вводится в действие с 01.01.2017).

Статья 168. Неисполнение энергопроизводящей или энергопередающей организацией инвестиционной программы

1. Несоблюдение, а равно неисполнение или ненадлежащее исполнение энергопроизводящей или энергопередающей организацией мероприятий утвержденной инвестиционной программы –

влечет штраф на должностных лиц в размере пятидесяти, на субъектов малого предпринимательства – в размере двухсот восьмидесяти, на субъектов среднего предпринимательства – в размере трехсот двадцати, на субъектов крупного предпринимательства – в размере тысячи шестисот месячных расчетных показателей.

2. Неисполнение энергопроизводящей или энергопередающей организацией внесенного уполномоченным органом, осуществляющим руководство в сферах естественных монополий, предписания об исполнении инвестиционной программы –

влечет штраф в размере десяти процентов от сумм, полученных от потребителей и не использованных в целях реализации инвестиционной программы.

3. Действие (бездействие), предусмотренное частью первой настоящей статьи, повлекшее получение дохода (выручки), –

влечет штраф в размере двадцати процентов от дохода (выручки), полученного (полученной) в результате совершения административного правонарушения.

Сноска. Статья 168 - в редакции Законом РК от 08.07.2024 № 122-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 169. Нарушение законодательства Республики Казахстан о государственном регулировании производства и оборота биотоплива

1. Превышение норм квоты производителями биотоплива на приобретение пищевого сырья для последующей его переработки в биотопливо –

влечет штраф на субъектов малого предпринимательства в размере двухсот пятидесяти, на субъектов среднего предпринимательства – в размере трехсот сорока, на субъектов крупного предпринимательства – в размере тысячи пятисот семидесяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере трехсот, на субъектов среднего предпринимательства – в размере трехсот девяноста, на субъектов крупного предпринимательства – в размере тысячи восьмисот двадцати месячных расчетных показателей, с конфискацией продукции, произведенной из пищевого сырья в размере превышенной квоты, и приостановлением деятельности по производству биотоплива на срок до трех месяцев.

3. Использование в качестве пищевого сырья пшеницы 1 и 2 классов при производстве биотоплива –

влечет штраф на субъектов малого предпринимательства в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере семисот пятидесяти месячных расчетных показателей.

4. Реализация биотоплива, состав которого не соответствует составу, установленному техническими регламентами, –

влечет штраф на субъектов малого предпринимательства в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере семисот пятидесяти месячных расчетных показателей.

5. Производство оборота неденатурированного биоэтанола, за исключением случаев его поставки на завод по производству биотоплива или на нефтеперерабатывающий завод для переработки в другие виды биотоплива, –

влечет штраф на субъектов малого предпринимательства в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере семисот пятидесяти месячных расчетных показателей.

6. Осуществление производства биотоплива двумя и более производителями биотоплива на одном и том же заводе по производству биотоплива –

влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере семисот пятидесяти месячных расчетных показателей.

7. Производство биотоплива производителями биотоплива без паспорта производства, без контрольных приборов учета объемов производства биотоплива либо во время их неисправности –

влечет штраф на субъектов малого предпринимательства в размере ста десяти, на субъектов среднего предпринимательства – в размере двухсот двадцати, на субъектов крупного предпринимательства – в размере семисот тридцати месячных расчетных показателей, с конфискацией продукции, произведенной в этот период.

8. Прием производителями биотоплива пищевого сырья, являющегося генетически модифицированным источником (объектом) или содержащего генетически модифицированные источники (объекты) без научно обоснованного подтверждения их безопасности и проведения их государственной регистрации, –

влечет штраф на субъектов малого предпринимательства в размере ста двадцати пяти, на субъектов среднего предпринимательства – в размере двухсот пятидесяти, на субъектов крупного предпринимательства – в размере девятисот сорока месячных расчетных показателей.

9. Исключен Законом РК от 25.12.2017 № 122-VI (вводится в действие с 01.01.2020).

10. Реализация биотоплива производителями биотоплива лицам, не осуществляющим производство биотоплива и (или) не имеющим лицензию на компаундирование нефтепродуктов, за исключением экспорта биотоплива при наличии соответствующих документов, –

влечет штраф на субъектов малого предпринимательства в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере девятисот девяноста месячных расчетных показателей, с конфискацией биотоплива в объеме, равном реализованной партии.

11. Отпуск произведенного биотоплива производителями биотоплива для его хранения лицам, не являющимся участниками биотопливного рынка, за исключением экспорта биотоплива при наличии соответствующих документов, –

влечет штраф на субъектов малого предпринимательства в размере ста десяти, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере шестисот шестидесяти месячных расчетных показателей, с конфискацией биотоплива в объеме, равном реализованной партии.

12. Хранение биотоплива лицами, не являющимися участниками биотопливного рынка и (или) не имеющими лицензию на компаундирование нефтепродуктов, за исключением экспорта биотоплива при наличии соответствующих документов, –

влечет штраф на субъектов малого предпринимательства в размере ста тридцати пяти, на субъектов среднего предпринимательства – в размере ста семидесяти, на субъектов крупного предпринимательства – в размере двухсот шестидесяти месячных расчетных показателей, с конфискацией биотоплива в объеме, равном реализованной партии.

13. Действия, предусмотренные частями седьмой, восьмой, десятой, одиннадцатой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания,

– влекут штраф на субъектов малого предпринимательства в размере двухсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере тысячи трехсот месячных расчетных показателей с конфискацией биотоплива в соответствующем объеме.

14. Действие, предусмотренное частью двенадцатой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере ста двадцати, на субъектов среднего предпринимательства – в размере двухсот сорока, на субъектов крупного предпринимательства – в размере четырехсот тридцати месячных расчетных показателей.

Сноска. Статья 169 с изменениями, внесенными Законом РК от 25.12.2017 № 122-VI (вводится в действие с 01.01.2020).

Статья 170. Нарушение требований законодательства Республики Казахстан о газе и газоснабжении

1. Непредставление субъектом систем газоснабжения сведений по производству, транспортировке (перевозке), хранению, отгрузке и реализации товарного, сжиженного нефтяного и (или) сжиженного природного газа, а равно представление сведений с нарушением установленных сроков –

влечет предупреждение.

1-1. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на субъектов малого предпринимательства в размере двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Несоблюдение ограничений по эксплуатации объектов систем газоснабжения, установленных законодательством Республики Казахстан о газе и газоснабжении, –

влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

3. Нарушение порядка учета и (или) реализации товарного и (или) сжиженного нефтяного газа, установленного законодательством Республики Казахстан о газе и газоснабжении, за исключением случая, предусмотренного частью десятой настоящей статьи, –

влечет штраф на субъектов малого предпринимательства в размере семидесяти пяти, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере семисот месячных расчетных показателей.

4. Нарушение недропользователем преимущественного права государства на приобретение сырого и (или) товарного газа –

влечет штраф на юридических лиц в размере одной тысячи месячных расчетных показателей.

5. Нарушение собственником объекта систем газоснабжения приоритетного права государства на приобретение объектов единой системы снабжения товарным газом, долей в праве общей собственности на объекты единой системы снабжения товарным газом и (или) пакетов акций (долей участия) юридических лиц-собственников объектов единой системы снабжения товарным газом –

влечет штраф на юридических лиц в размере тысячи месячных расчетных показателей.

6. Несоблюдение субъектами единой системы снабжения товарным газом установленных технологических режимов эксплуатации объектов единой системы снабжения товарным газом –

влечет штраф на субъектов малого предпринимательства в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере тысячи пятисот месячных расчетных показателей.

7. Действие, предусмотренное частью третьей настоящей статьи, повлекшее получение дохода (выручки), –

влечет штраф на юридических лиц – в размере тридцати процентов от дохода (выручки), полученного в результате совершения административного правонарушения, с приостановлением действия либо лишением свидетельства об аккредитации.

8. Исключен Законом РК от 04.07.2018 № 173-VI (вводится в действие с 01.01.2022).
9. Исключен Законом РК от 04.07.2018 № 173-VI (вводится в действие с 01.01.2022).

10. Незаконная реализация сжиженного нефтяного газа за пределы Республики Казахстан, если эти действия не содержат признаков уголовно наказуемого деяния, –

влечет штраф на субъектов малого предпринимательства в размере двухсот, среднего предпринимательства в размере пятисот, на субъектов крупного предпринимательства – в размере тысячи месячных расчетных показателей, с конфискацией доходов, полученных вследствие совершения административного правонарушения.

11. Исключен Законом РК от 04.07.2018 № 173-VI (вводится в действие с 01.01.2022).

12. Действие, предусмотренное частью десятой настоящей статьи, совершенное повторно в течение года, –

влечет штраф на субъектов малого предпринимательства в размере пятисот, среднего предпринимательства в размере восьмисот, на субъектов крупного предпринимательства – в размере тысячи триста месячных расчетных показателей, с конфискацией доходов, полученных вследствие совершения административного правонарушения, и приостановлением действия либо лишением свидетельства об аккредитации.

Сноска. Статью 170 с изменениями, внесенными законами РК от 28.04.2016 № 506-V (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 04.07.2018 № 173-VI (порядок введения в действие см. ст.2).

Статья 171. Превышение предельных цен реализации нефтепродуктов, товарного и сжиженного нефтяного газа, на которые установлено государственное регулирование цен

1. Превышение розничными реализаторами нефтепродуктов предельной цены розничной реализации нефтепродуктов, установленной в соответствии с законодательством Республики Казахстан о государственном регулировании производства и оборота отдельных видов нефтепродуктов, –

влечет штраф на субъектов малого предпринимательства в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

2. Превышение лицами, осуществляющими реализацию товарного или сжиженного нефтяного газа, предельных цен оптовой реализации товарного газа на внутреннем рынке Республики Казахстан или предельных цен сжиженного нефтяного газа, реализуемого в рамках плана поставки сжиженного нефтяного газа на внутренний рынок Республики Казахстан вне электронных торговых площадок, установленных в соответствии с законодательством Республики Казахстан о газе и газоснабжении, –

влечет штраф на субъектов малого предпринимательства в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

3. Действия, предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на юридических лиц в размере ста процентов от дохода (выручки), полученного в результате совершения административного правонарушения, с приостановлением действия либо лишением свидетельства об аккредитации.

Примечание. Под доходом (выручкой), полученным в результате совершения административного правонарушения, понимается разница между доходом (выручкой), полученным лицом, совершившим административное правонарушение, и доходом (выручкой), который это лицо должно было получить при соблюдении законодательства Республики Казахстан.

Сноска. Статья 171 с изменением, внесенным Законом РК от 04.07.2018 № 173-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 172. Нарушение законодательства Республики Казахстан об электроэнергетике и в области теплоэнергетики

Сноска. Заголовок статьи 172 с изменением, внесенным Законом РК от 08.07.2024 № 122-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

1. Неопубликование, несвоевременное, недостоверное или неполное опубликование энергопроизводящей организацией в масс-медиа сведений об объеме и направлениях инвестиций либо исполнении инвестиционных обязательств, предусмотренных законодательством Республики Казахстан об электроэнергетике, –

влекут штраф на субъектов среднего предпринимательства в размере ста шестидесяти, на субъектов крупного предпринимательства – в размере восьмисот месячных расчетных показателей.

2. Непредставление, несвоевременное, недостоверное или неполное представление энергопроизводящей организацией отчетов по затратам на производство и реализацию электрической энергии и по объемам производства и реализации электрической энергии, предусмотренных законодательством Республики Казахстан об электроэнергетике, –

влекут штраф на субъектов среднего предпринимательства в размере трехсот двадцати, на субъектов крупного предпринимательства – в размере тысячи шестисот месячных расчетных показателей.

3. Непредоставление, несвоевременное, недостоверное или неполное предоставление энергопроизводящей, энергопередающей организациями, субъектами теплоснабжения запрашиваемой государственными органами информации, необходимой для осуществления их полномочий, предусмотренных законодательством Республики Казахстан об электроэнергетике и в области теплоэнергетики, –

влекут штраф на субъектов малого предпринимательства в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере тысячи шестисот месячных расчетных показателей.

4. Неисполнение энергопроизводящей организацией инвестиционных обязательств, определенных соглашением, за исключением случаев, предусмотренных законодательством Республики Казахстан об электроэнергетике, –

влечет штраф на субъектов среднего предпринимательства в размере пяти, на субъектов крупного предпринимательства – в размере десяти процентов от сумм, не использованных на реализацию инвестиционных обязательств, предусмотренных соглашением.

5. Незаконные ограничение и (или) отключение электрической и (или) тепловой энергии -

влекут штраф на должностных лиц, субъектов малого предпринимательства в размере двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере семидесяти пяти месячных расчетных показателей.

6. Отказ энергоснабжающей организации от заключения индивидуального договора энергоснабжения с потребителем –

влечет штраф на субъектов малого предпринимательства в размере двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере семидесяти пяти месячных расчетных показателей.

Сноска. Статья 172 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 08.07.2024 № 122-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 173. Незаконное вмешательство должностных лиц в предпринимательскую деятельность

Незаконное вмешательство должностных лиц государственных органов, осуществляющих надзорные и контрольные функции, а также местных исполнительных органов в деятельность индивидуальных предпринимателей, юридических лиц путем издания незаконных актов и дачи незаконных поручений, препятствующих их предпринимательской деятельности, –

влечет штраф в размере ста месячных расчетных показателей.

Статья 174. Подкуп участников и организаторов профессиональных спортивных соревнований и зрелищных коммерческих конкурсов

1. Подкуп спортсменов, спортивных судей, тренеров, руководителей команд и других участников или организаторов профессиональных спортивных соревнований, а равно организаторов или членов жюри зрелищных коммерческих конкурсов в целях оказания влияния на результаты этих соревнований или конкурсов –

влечет штраф в размере двухсот месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере двухсот месячных расчетных показателей либо административный арест до пятнадцати суток.

3. Незаконное получение спортсменами денег, ценных бумаг или иного имущества, переданных им в целях оказания влияния на результаты соревнований, а равно незаконное пользование спортсменами услугами имущественного характера, предоставленными им в тех же целях, –

влекут штраф в размере двухсот месячных расчетных показателей.

4. Незаконное получение денег, ценных бумаг или иного имущества, незаконное пользование услугами имущественного характера спортивными судьями, тренерами, руководителями команд и другими участниками или организаторами профессиональных спортивных соревнований, а равно организаторами или членами жюри зрелищных коммерческих конкурсов в целях, указанных в части третьей настоящей статьи, –

влекут штраф в размере двухсот месячных расчетных показателей.

Сноска. Статья 174 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 175. Нарушение порядка проведения проверки субъектов частного предпринимательства

1. Нарушение порядка проведения проверки субъектов частного предпринимательства, в том числе:

1) отсутствие оснований проведения проверки;

2) отсутствие акта о назначении проверки и профилактического контроля и надзора с посещением субъекта (объекта) контроля и надзора;

3) отсутствие уведомления, а равно несоблюдение сроков уведомления о проведении проверки и профилактического контроля и надзора с посещением субъекта (объекта) контроля и надзора, предусмотренных пунктом 1 статьи 147 Предпринимательского кодекса Республики Казахстан;

4) проверка выполнения требований, не установленных в проверочных листах данного органа контроля и надзора, а также если такие требования не относятся к компетенции государственного органа, от имени которого действуют эти должностные лица;

5) требование представления документов, информации, образцов продукции, проб обследования объектов окружающей среды и объектов производственной среды, если они не являются объектами проверки или не относятся к предмету проверки;

6) отбор образцов продукции, проб обследования объектов окружающей среды и объектов производственной среды для проведения их исследований, испытаний, измерений без оформления протоколов об отборе указанных образцов, проб по установленной форме и (или) количеству, превышающему нормы, установленные национальными стандартами, правилами отбора образцов, проб и методами их исследований, испытаний, измерений, техническими регламентами или действующими до дня их введения в действие иными нормативными техническими документами, правилами и методами исследований, испытаний, измерений;

7) разглашение и (или) распространение информации, полученной в результате проведения проверки и профилактического контроля и надзора с посещением субъекта (объекта) контроля и надзора, составляющей коммерческую или иную охраняемую законом тайну, за исключением случаев, предусмотренных законодательством Республики Казахстан;

8) превышение установленных сроков проведения проверки и профилактического контроля и надзора с посещением субъекта (объекта) контроля и надзора, предусмотренных статьей 148 Предпринимательского кодекса Республики Казахстан;

9) проведение проверки или профилактического контроля и надзора с посещением субъекта (объекта) контроля и надзора, в отношении которого ранее проводились проверка или профилактический контроль и надзор с посещением субъекта (объекта) контроля и надзора его вышестоящим (нижестоящим) органом либо иным государственным органом по одному и тому же вопросу за один и тот же период, за исключением случаев, предусмотренных подпунктами 3), 4), 8), 9) и 10) пункта 3 статьи 144 Предпринимательского кодекса Республики Казахстан;

10) проведение мероприятий, носящих затратный характер, в целях государственного контроля за счет субъектов частного предпринимательства;

11) нарушение периодичности проведения проверок по особому порядку проведения проверок и профилактического контроля и надзора с посещением субъекта (объекта) контроля и надзора, предусмотренных статьей 141 Предпринимательского кодекса Республики Казахстан;

12) непредставление проверяемому субъекту акта проверки, –

влечет штраф на должностное лицо в размере двадцати месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностное лицо двадцати пяти месячных расчетных показателей.

Сноска. Статья 175 с изменениями, внесенными законами РК от 29.10.2015 № 376-V (вводится в действие с 01.01.2016); от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 175-1. Необоснованное проведение иных форм контроля и надзора с посещением субъектов частного предпринимательства

1. Необоснованное проведение иных форм контроля и надзора с посещением субъектов частного предпринимательства –

влечет штраф на должностных лиц в размере двадцати месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц в размере двадцати пяти месячных расчетных показателей.

Сноска. Глава 14 дополнена статьей 175-1 в соответствии с Законом РК от 29.10.2015 № 376-V (вводится в действие с 01.01.2016).

Статья 176. Неправомерные действия при реабилитации и банкротстве юридических лиц и индивидуальных предпринимателей

Сноска. Заголовок статьи 176 с изменением, внесенным Законом РК от 30.12.2022 № 180-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

1. Сокрытие имущества или имущественных обязательств, сведений об имуществе, его размере, месте нахождения либо иной информации об имуществе, передача имущества в иное владение, отчуждение или уничтожение имущества, а равно сокрытие, уничтожение, фальсификация бухгалтерской и (или) учетной документации либо иных документов, отражающих экономическую деятельность, если эти действия совершены индивидуальным предпринимателем – должником, учредителем (участником), должностным лицом юридического лица – должника, а равно временным или банкротным либо реабилитационным управляющим, если эти действия совершены при реабилитации и банкротстве и не содержат признаков уголовно наказуемого деяния, –

влекут штраф на физическое лицо в размере двухсот месячных расчетных показателей.

2. Неправомерное удовлетворение имущественных требований отдельных кредиторов индивидуальным предпринимателем – должником, учредителем (участником), должностным лицом юридического лица – должника, а равно временным или банкротным либо реабилитационным управляющим заведомо в ущерб другим кредиторам, если эти действия совершены при реабилитации и банкротстве и не содержат признаков уголовно наказуемого деяния, –

влекут штраф на физическое лицо в размере ста пятидесяти, на субъектов малого предпринимательства – в размере трехсот пятидесяти, на субъектов среднего предпринимательства – в размере шестисот, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

Сноска. Статья 176 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 27.12.2019 № 290-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2022 № 180-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 176-1. Неправомерные действия при восстановлении платежеспособности и банкротстве граждан Республики Казахстан, не зарегистрированных в качестве индивидуального предпринимателя

1. Сокрытие имущества или имущественных обязательств, сведений об имуществе, его размере, месте нахождения либо иной информации об имуществе, передача имущества в иное владение, отчуждение или уничтожение имущества, а равно сокрытие, уничтожение, фальсификация правоустанавливающих документов, если эти действия совершены гражданином Республики Казахстан, не зарегистрированным в качестве индивидуального предпринимателя, в процедуре восстановления платежеспособности, внесудебного или судебного банкротства, –

влекут штраф в размере ста месячных расчетных показателей.

2. Неправомерное удовлетворение имущественных требований отдельных кредиторов гражданином Республики Казахстан, не зарегистрированным в качестве индивидуального предпринимателя, заведомо в ущерб другим кредиторам в процедуре восстановления платежеспособности или судебного банкротства –

влечет штраф в размере пятидесяти месячных расчетных показателей.

Сноска. Глава 14 дополнена статьей 176-1 в соответствии с Законом РК от 30.12.2022 № 180-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 177. Нарушение законодательства Республики Казахстан о реабилитации и банкротстве временным управляющим

1. Неисполнение либо ненадлежащее исполнение обязанности представить в суд заключение о финансовой устойчивости должника –

влечет штраф в размере тридцати месячных расчетных показателей.

2. Неисполнение либо ненадлежащее исполнение обязанности провести инвентаризацию имущественной массы банкрота и (или) представить отчет по инвентаризации –

влечет штраф в размере тридцати месячных расчетных показателей.

3. Неисполнение либо ненадлежащее исполнение обязанности направить в уполномоченный орган в области реабилитации и банкротства объявление о возбуждении дела о банкротстве и порядке заявления требований кредиторами для размещения на его интернет-ресурсе –

влечет штраф в размере пяти месячных расчетных показателей.

4. Исключен Законом РК от 27.12.2019 № 290-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

5. Неисполнение либо ненадлежащее исполнение обязанности предоставлять в уполномоченный орган в области реабилитации и банкротства текущую и запрашиваемую информацию о ходе осуществления процедуры банкротства –

влечет предупреждение.

6. Несвоевременное уведомление кредиторов о решении, принятом по результатам рассмотрения требований, заявленных в соответствии с законодательством Республики Казахстан о реабилитации и банкротстве, –

влечет штраф в размере пяти месячных расчетных показателей.

7. Неисполнение либо ненадлежащее исполнение обязанности по уведомлению кредиторов о дате, времени и месте проведения собрания кредиторов –

влечет штраф в размере пяти месячных расчетных показателей.

8. Исключен Законом РК от 27.12.2019 № 290-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

9. Неисполнение либо ненадлежащее исполнение обязанности принять от должностных лиц банкрота учредительные документы, учетную документацию, правоустанавливающие документы на имущество банкрота, печати (при их наличии), штампы, материальные и иные ценности, принадлежащие банкроту, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

10. Неисполнение либо ненадлежащее исполнение обязанности передать учредительные документы, учетную документацию, правоустанавливающие документы на имущество банкрота (должника), печати (при их наличии), штампы, материальные и иные ценности, принадлежащие банкроту (должнику), при передаче полномочий от временного управляющего к банкротному управляющему или должнику в случае отмены решения суда о признании должника банкротом –

влечет штраф в размере пятнадцати месячных расчетных показателей.

11. Неисполнение либо ненадлежащее исполнение обязанности по предоставлению информации на основании письменного запроса кредитора и индивидуального предпринимателя – банкрота, собственника имущества (уполномоченного им органа), учредителя (участника) юридического лица – банкрота –

влечет предупреждение.

12. Неисполнение либо ненадлежащее исполнение обязанности по формированию реестра требований кредиторов –

влечет штраф в размере тридцати месячных расчетных показателей.

13. Исключен Законом РК от 27.12.2019 № 290-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

14. Осуществление продажи имущества, стоимость которого значительно снизится (скоропортящиеся товары, скот и прочие товары, требующие срочной реализации) в течение срока до назначения банкротного управляющего, с нарушением порядка, установленного Законом Республики Казахстан "О реабилитации и банкротстве", –

влечет штраф в размере пятнадцати месячных расчетных показателей.

15. Действия (бездействие), предусмотренные частями первой, второй и двенадцатой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере шестидесяти месячных расчетных показателей.

16. Действия (бездействие), предусмотренные частями третьей, пятой, шестой, седьмой и одиннадцатой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере пятнадцати месячных расчетных показателей.

17. Действия (бездействие), предусмотренные частями девятой, десятой и четырнадцатой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере тридцати месячных расчетных показателей.

Сноска. Статья 177 с изменениями, внесенными Законом РК от 27.12.2019 № 290-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 178. Нарушение установленного порядка проведения публичных торгов, аукционов и конкурсов

Нарушение установленного порядка проведения публичных торгов, аукционов или конкурсов, причинившее крупный ущерб собственнику имущества, организатору торгов или аукционов, покупателю или иному хозяйствующему субъекту, –

влечет штраф в размере ста пятидесяти месячных расчетных показателей.

Примечание. Крупным ущербом в настоящей статье признается ущерб, причиненный физическому лицу на сумму, в сто раз превышающую месячный расчетный показатель, либо ущерб, причиненный организации или государству на сумму, в пятьсот раз превышающую месячный расчетный показатель.

Статья 179. Нарушение законодательства Республики Казахстан о реабилитации и банкротстве банкротным управляющим

1. Неисполнение либо ненадлежащее исполнение обязанности провести инвентаризацию и (или) представить отчет по инвентаризации комитету кредиторов –

влечет штраф в размере тридцати месячных расчетных показателей.

2. Неисполнение либо ненадлежащее исполнение обязанности по обеспечению охраны и контроля за имуществом банкрота –

влечет штраф в размере тридцати месячных расчетных показателей.

3. Неисполнение либо ненадлежащее исполнение обязанности предъявления требований о взыскании задолженности с лиц, имеющих задолженность перед банкротом, в судебном порядке, за исключением случаев, установленных законодательством Республики Казахстан о реабилитации и банкротстве, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

4. Неисполнение либо ненадлежащее исполнение обязанности по предоставлению в уполномоченный орган в области реабилитации и банкротства текущей информации о ходе осуществления процедуры банкротства –

влечет предупреждение.

5. Неуведомление либо ненадлежащее уведомление кредитора о дате, времени и месте проведения заседаний собрания и комитета кредиторов в процедуре банкротства –

влечет штраф в размере пяти месячных расчетных показателей.

6. Исключен Законом РК от 27.12.2019 № 290-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

7. Неисполнение или ненадлежащее исполнение обязанности по составлению плана продажи имущества банкрота или осуществлению его реализации –

влечет штраф в размере пятнадцати месячных расчетных показателей.

8. Неисполнение либо ненадлежащее исполнение обязанности по осуществлению расчетов с кредиторами после поступления денег в пользу должника, а равно проведение расчетов с кредиторами с нарушением установленного порядка удовлетворения требований кредиторов –

влекут штраф в размере пятнадцати месячных расчетных показателей.

9. Несообщение в правоохранительные органы об имеющихся данных, указывающих на наличие признаков преднамеренного банкротства, –

влечет штраф в размере пятидесяти месячных расчетных показателей.

10. Неисполнение либо ненадлежащее исполнение обязанностей по выявлению сделок, совершенных должником или уполномоченным им лицом с нарушением требований, предусмотренных гражданским законодательством Республики Казахстан и Законом Республики Казахстан "О реабилитации и банкротстве", и непредъявление требований о признании их недействительными либо возврате имущества в судебном порядке в имущественную массу банкрота –

влекут штраф в размере тридцати месячных расчетных показателей.

11. Оплата административных расходов без решения комитета кредиторов –

влечет штраф в размере пятнадцати месячных расчетных показателей.

12. Неисполнение либо ненадлежащее исполнение обязанности передать учредительные документы, учетную документацию, правоустанавливающие документы на имущество банкрота, печати (при их наличии), штампы, материальные и иные ценности, принадлежащие банкроту, вновь назначенному банкротному управляющему – при отстранении (освобождении) банкротного управляющего, должнику или реабилитационному управляющему – при отмене решения суда о признании должника банкротом, покупателю – при продаже предприятия банкрота –

влечет штраф в размере пятнадцати месячных расчетных показателей.

13. Непредставление, несвоевременное представление либо представление несоответствующего требованиям законодательства Республики Казахстан о реабилитации и банкротстве заключительного отчета в суд –

влекут штраф в размере пятнадцати месячных расчетных показателей.

14. Неисполнение либо ненадлежащее исполнение обязанности по предоставлению уполномоченному органу в области реабилитации и банкротства запрашиваемой информации –

влечет предупреждение.

15. Несообщение либо несвоевременное сообщение кредитору о ходе осуществления процедуры банкротства, финансовом состоянии должника на основании его письменного запроса –

влечет предупреждение.

16. Несвоевременное заявление кредитору о зачете требований на основании решения комитета кредиторов –

влечет штраф в размере пяти месячных расчетных показателей.

17. Неисполнение либо ненадлежащее исполнение обязанности по истребованию от государственных органов, физических и юридических лиц информации о банкроте, принадлежащем (принадлежавшем) ему имуществе и копий подтверждающих документов –

влечет предупреждение.

18. Необращение в суд в случаях, установленных Законом Республики Казахстан "О реабилитации и банкротстве", с иском о привлечении лиц к субсидиарной ответственности и взыскании сумм –

влечет штраф в размере тридцати месячных расчетных показателей.

19. Неисполнение либо ненадлежащее исполнение обязанностей по представлению комитету кредиторов копии судебного акта, затрагивающего интересы банкрота и его кредиторов для рассмотрения вопроса его обжалования, если иное не установлено договором о проведении процедуры банкротства с банкротным управляющим, –

влечет штраф в размере пяти месячных расчетных показателей.

20. Неисполнение либо ненадлежащее исполнение обязанности принять от временного управляющего или реабилитационного управляющего учредительные документы, учетную документацию, правоустанавливающие документы на имущество банкрота, печати (при их наличии), штампы, материальные и иные ценности, принадлежащие банкроту, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

21. Несвоевременное направление в банк, организацию, осуществляющую отдельные виды банковских операций, заявления о закрытии банковских счетов банкрота, уничтожение печати (при наличии) банкрота –

влекут штраф в размере пятнадцати месячных расчетных показателей.

22. Действия (бездействие), предусмотренные частями четвертой, пятой, четырнадцатой – семнадцатой и девятнадцатой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере пятнадцати месячных расчетных показателей.

23. Действия (бездействие), предусмотренные частями третьей, седьмой, восьмой, одиннадцатой, двенадцатой, тринадцатой, двадцатой и двадцать первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере тридцати месячных расчетных показателей.

24. Действия (бездействие), предусмотренные частями первой, второй, десятой и восемнадцатой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере шестидесяти месячных расчетных показателей.

25. Деяние, предусмотренное частью девятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере ста месячных расчетных показателей.

Сноска. Статья 179 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 27.12.2019 № 290-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 180. Нарушение законодательства Республики Казахстан о реабилитации и банкротстве временным администратором

1. Неисполнение либо ненадлежащее исполнение обязанности направить в уполномоченный орган в области реабилитации и банкротства объявления о возбуждении производства по делу о реабилитации и порядке заявления требований кредиторами для размещения на его интернет-ресурсе –

влечет штраф в размере пяти месячных расчетных показателей.

2. Нарушение установленного законодательством Республики Казахстан о реабилитации и банкротстве порядка формирования реестра требований кредиторов –

влечет штраф в размере тридцати месячных расчетных показателей.

3. Неисполнение либо ненадлежащее исполнение обязанности представить в суд заключение о финансовой устойчивости должника –

влечет штраф в размере тридцати месячных расчетных показателей.

4. Исключен Законом РК от 27.12.2019 № 290-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).
5. Исключен Законом РК от 27.12.2019 № 290-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

6. Неисполнение либо ненадлежащее исполнение обязанности рассмотреть требования кредиторов и довести до них результаты рассмотрения –

влечет штраф в размере пяти месячных расчетных показателей.

7. Неисполнение либо ненадлежащее исполнение обязанности уведомить кредиторов о месте и дате проведения первого собрания кредиторов –

влечет штраф в размере пяти месячных расчетных показателей.

8. Исключен Законом РК от 27.12.2019 № 290-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

9. Действия (бездействие), предусмотренные частями первой, шестой и седьмой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере пятнадцати месячных расчетных показателей.

10. Действия (бездействие), предусмотренные частями второй и третьей настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере шестидесяти месячных расчетных показателей.

Сноска. Статья 180 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 27.12.2019 № 290-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 181. Нарушение законодательства Республики Казахстан о реабилитации и банкротстве реабилитационным управляющим

1. Исключен Законом РК от 27.12.2019 № 290-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).
2. Исключен Законом РК от 27.12.2019 № 290-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

3. Неисполнение либо ненадлежащее исполнение обязанности по принятию имущества должника в управление и обеспечению его охраны и контроля –

влечет штраф в размере тридцати месячных расчетных показателей.

4. Необеспечение либо ненадлежащее обеспечение исполнения плана реабилитации –

влечет штраф в размере пятидесяти месячных расчетных показателей.

5. Неисполнение либо ненадлежащее исполнение обязанности по предоставлению в уполномоченный орган в области реабилитации и банкротства текущей информации о ходе осуществления реабилитационной процедуры –

влечет предупреждение.

6. Неуведомление либо ненадлежащее уведомление кредитора о дате, времени и месте проведения заседаний собрания и комитета кредиторов в реабилитационной процедуре –

влечет штраф в размере пяти месячных расчетных показателей.

7. Неисполнение либо ненадлежащее исполнение обязанности передать вновь назначенному реабилитационному управляющему или банкротному управляющему учредительные документы, учетную документацию, правоустанавливающие документы на имущество должника, печати (при наличии), штампы, материальные и иные ценности, принадлежащие должнику, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

8. Совершение сделок вне рамок обычных коммерческих операций, не предусмотренных планом реабилитации, в реабилитационной процедуре без согласия собрания кредиторов –

влечет штраф в размере тридцати месячных расчетных показателей.

9. Непредставление, несвоевременное представление либо представление не соответствующего требованиям законодательства Республики Казахстан о реабилитации и банкротстве заключительного отчета в суд –

влекут штраф в размере пятнадцати месячных расчетных показателей.

10. Исключен Законом РК от 27.12.2019 № 290-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

11. Неисполнение либо ненадлежащее исполнение обязанности по предоставлению информации о ходе осуществления деятельности, финансовом состоянии должника кредитору должника на основании его письменного запроса –

влечет предупреждение.

12. Неисполнение либо ненадлежащее исполнение обязанности по предоставлению уполномоченному органу в области реабилитации и банкротства запрашиваемой информации –

влечет предупреждение.

13. Неисполнение либо ненадлежащее исполнение обязанности по направлению в суд ходатайства о внесении изменений и дополнений в план реабилитации –

влечет штраф в размере тридцати месячных расчетных показателей.

14. Исключен Законом РК от 27.12.2019 № 290-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

15. Неисполнение либо ненадлежащее исполнение обязанностей по доведению до сведения членов комитета кредиторов информации о финансовом состоянии должника, произведенных сделках за предыдущий месяц, а также по предоставлению информации по требованию комитета кредиторов –

влечет штраф в размере пятнадцати месячных расчетных показателей.

16. Неисполнение либо ненадлежащее исполнение обязанности по выявлению сделок, совершенных должником или уполномоченным им лицом с нарушением требований, предусмотренных гражданским законодательством Республики Казахстан и Законом Республики Казахстан "О реабилитации и банкротстве", и непредъявление требований о признании их недействительными либо возврате имущества в судебном порядке –

влекут штраф в размере тридцати месячных расчетных показателей.

17. Исключен Законом РК от 27.12.2019 № 290-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

18. Совершение сделок, влекущих увеличение кредиторской задолженности, если общая сумма кредиторской задолженности должника, возникшей после применения реабилитационной процедуры, превышает пять процентов от общей суммы кредиторской задолженности на момент введения реабилитационной процедуры без согласия собрания кредиторов –

влечет штраф в размере пятидесяти месячных расчетных показателей.

19. Действия (бездействие), предусмотренные частями пятой, шестой, одиннадцатой и двенадцатой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере пятнадцати месячных расчетных показателей.

20. Действия (бездействие), предусмотренные частями седьмой, девятой и пятнадцатой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере тридцати месячных расчетных показателей.

21. Действия (бездействие), предусмотренные частями третьей, восьмой, тринадцатой и шестнадцатой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере шестидесяти месячных расчетных показателей.

22. Действия (бездействие), предусмотренные частями четвертой и восемнадцатой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере ста месячных расчетных показателей.

Сноска. Статья 181 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 27.12.2019 № 290-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 181-1. Нарушение законодательства Республики Казахстан о восстановлении платежеспособности и банкротстве граждан финансовым управляющим

1. Неисполнение либо ненадлежащее исполнение финансовым управляющим обязанностей по направлению в уполномоченный орган в сфере государственного управления по восстановлению платежеспособности и банкротства граждан Республики Казахстан объявления о возбуждении производства по делу о применении процедуры восстановления платежеспособности или судебного банкротства и порядке заявления требований кредиторами, реестра требований кредиторов, сформированного в установленном порядке, для размещения на его интернет-ресурсе, а равно несвоевременное принятие решения по результатам рассмотрения заявленных требований кредиторов –

влекут штраф в размере пяти месячных расчетных показателей.

2. Неисполнение финансовым управляющим обязанностей по проведению инвентаризации, оценки имущества, принятию от должника правоустанавливающих документов на его имущество, его имущества в свое управление, а также непринятие мер по возврату имущества в имущественную массу должника при выявлении сделок, совершенных должником с нарушением требований, предусмотренных гражданским законодательством Республики Казахстан, до возбуждения производства по делу о применении процедуры восстановления платежеспособности или судебного банкротства –

влекут штраф в размере пятнадцати месячных расчетных показателей.

3. Непредставление или несвоевременное представление в суд заключения финансового управляющего, заключения о наличии или отсутствии оснований для прекращения обязательств банкрота, заключительного отчета, а равно окончательного плана восстановления платежеспособности должника в суд и кредиторам, требования которых включены в реестр требований кредиторов, –

влечет штраф в размере десяти месячных расчетных показателей.

4. Неисполнение обязанности по предоставлению информации о ходе разработки плана восстановления платежеспособности кредитору на основании его письменного запроса –

влечет предупреждение.

5. Отчуждение финансовым управляющим имущественной массы должника, проведение расчетов с кредиторами с нарушением установленного порядка, предусмотренного Законом Республики Казахстан "О восстановлении платежеспособности и банкротстве граждан Республики Казахстан", а также порядка проведения электронного аукциона по продаже имущества должника, определенного уполномоченным органом в сфере государственного управления по восстановлению платежеспособности и банкротства граждан Республики Казахстан, –

влекут штраф в размере тридцати месячных расчетных показателей.

6. Неправомерное удовлетворение имущественных требований отдельных кредиторов финансовым управляющим заведомо в ущерб другим кредиторам, если это действие совершено при судебном банкротстве и не содержит признаков уголовно наказуемого деяния, –

влечет штраф в размере пятидесяти месячных расчетных показателей.

7. Действия (бездействие), предусмотренные частями первой и четвертой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере пятнадцати месячных расчетных показателей.

8. Действия (бездействие), предусмотренные частью второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере пятидесяти месячных расчетных показателей.

9. Действие (бездействие), предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере шестидесяти месячных расчетных показателей.

10. Действия, предусмотренные частями пятой и шестой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере ста месячных расчетных показателей.

Сноска. Глава 14 дополнена статьей 181-1 в соответствии с Законом РК от 30.12.2022 № 180-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 182. Преднамеренное банкротство

1. Преднамеренное банкротство юридического лица или индивидуального предпринимателя, то есть действия учредителя (участника), должностного лица, лица, осуществляющего функции управления юридическим лицом, а равно индивидуального предпринимателя, совершенные в личных интересах или интересах иных лиц с целью уклонения от исполнения обязательств перед кредиторами путем отчуждения или сокрытия имущества в течение трех лет до признания банкротом юридического лица или индивидуального предпринимателя, если эти действия не содержат признаков уголовно наказуемого деяния, –

влечет штраф на физическое лицо в размере двухсот месячных расчетных показателей, на юридическое лицо – в размере четырехсот месячных расчетных показателей.

2. Преднамеренное банкротство гражданина, то есть действия гражданина, совершенные в течение трех лет до даты признания его банкротом с целью уклонения от исполнения обязательств перед кредиторами путем отчуждения или сокрытия имущества после даты возникновения обязательств, неисполнение которых признано основанием для банкротства, –

влечет штраф в размере двухсот месячных расчетных показателей.

Сноска. Статья 182 - в редакции Закона РК от 30.12.2022 № 180-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 183. Ложное банкротство

Сноска. Статья 183 исключена Законом РК от 27.12.2019 № 290-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 184. Нарушение законодательства Республики Казахстан об оценочной деятельности

1. Несвоевременное предоставление или непредоставление, а равно предоставление недостоверной информации по форме, установленной уполномоченным органом в области оценочной деятельности, –

влекут штраф в размере двадцати месячных расчетных показателей.

2. Неустранение палатой оценщиков нарушений законодательства Республики Казахстан об оценочной деятельности, выявленных в ходе проверки уполномоченным органом в области оценочной деятельности, –

влечет штраф в размере сорока месячных расчетных показателей.

3. Действия (бездействие), совершенные повторно в течение года после наложения административного взыскания, предусмотренного частью второй настоящей статьи, –

влекут штраф в размере восьмидесяти месячных расчетных показателей.

Сноска. Статья 184 в редакции Закона РК от 10.01.2018 № 134-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 185. Нарушение обязанности сохранения коммерческой, банковской тайны, сведений кредитных отчетов или информации из базы данных кредитных историй кредитного бюро

Нарушение обязанности сохранения сведений, содержащих коммерческую, банковскую тайну, сведений кредитных отчетов или информации, полученных из базы данных кредитных историй кредитного бюро, без согласия их владельца лицом, которому они стали известны в связи с профессиональной или служебной деятельностью, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф в размере пятидесяти месячных расчетных показателей.

Сноска. Статья 185 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 186. Нарушение обязанности сохранения тайны страхования или пенсионных накоплений либо тайны предоставления микрокредита

Нарушение обязанности сохранения сведений, содержащих тайну страхования или пенсионных накоплений либо тайну предоставления микрокредита, без согласия их владельца лицом, которому они стали известны в связи с профессиональной или служебной деятельностью, –

влечет штраф в размере пятидесяти месячных расчетных показателей.

Статья 187. Нарушение законодательства Республики Казахстан о туристской деятельности

1. Непредставление, несвоевременное или неполное представление лицами, осуществляющими туристскую деятельность, туристам сведений об особенностях путешествий, опасностях, с которыми они могут встретиться при совершении путешествий, указанных в правилах предоставления туристских услуг, либо неосуществление предупредительных мер, направленных на обеспечение безопасности туристов, –

влекут штраф на субъектов малого предпринимательства в размере семнадцати, на субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Оказание туристских услуг лицами, осуществляющими туристскую деятельность, без заключения письменного договора на туристское обслуживание –

влечет штраф на субъектов малого предпринимательства в размере семнадцати, на субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей, с приостановлением действия лицензии.

3. Действия (бездействие), предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на субъектов малого предпринимательства в размере тридцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей, с лишением лицензии.

4. Непредоставление или несвоевременное предоставление лицами, осуществляющими туристскую деятельность, заинтересованным государственным органам и семье туриста информации о чрезвычайных происшествиях с туристами во время путешествий –

влечет штраф на субъектов малого предпринимательства в размере тридцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей, с приостановлением действия лицензии.

5. Действие (бездействие), предусмотренное частью четвертой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере семидесяти пяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей, с лишением лицензии.

Статья 188. Непредоставление или несвоевременное предоставление информации о возбуждении в суде дела по корпоративному спору

Сноска. Статья 188 исключена Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 189. Нарушение порядка и сроков рассмотрения обращений физических и юридических лиц

Сноска. Статья 189 исключена Законом РК от 29.06.2020 № 351-VI (вводится в действие с 01.07.2021).

Глава 15. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ
ТОРГОВЛИ И ФИНАНСОВ

Статья 190. Нарушение законодательства Республики Казахстан о защите прав потребителей

1. Обмеривание, обвешивание, обсчет, введение в заблуждение относительно потребительских свойств или качества товара (работы, услуги) или иной обман потребителей индивидуальными предпринимателями или организациями, осуществляющими торговую деятельность и оказание услуг, –

влекут штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере тридцати, на субъектов малого предпринимательства – в размере пятидесяти, на субъектов среднего предпринимательства – в размере семидесяти пяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей, с лишением лицензии и приостановлением или запрещением деятельности на срок до трех лет.

3. Действия, предусмотренные частью первой настоящей статьи, повлекшие причинение значительного ущерба, –

влекут штраф на физических лиц в размере тридцати, на субъектов малого предпринимательства – в размере пятидесяти, на субъектов среднего предпринимательства – в размере семидесяти пяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей, с лишением лицензии либо приостановлением или запрещением деятельности на срок до трех лет.

4. Действия, предусмотренные частью первой настоящей статьи, повлекшие причинение крупного ущерба, –

влекут штраф на физических лиц в размере пятидесяти, на субъектов малого предпринимательства – в размере семидесяти пяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей, с лишением лицензии либо приостановлением или запрещением деятельности на срок до трех лет.

5. Неисполнение продавцом (изготовителем, исполнителем) обязанностей по:

1) размещению на казахском и русском языках информации о контактных данных продавца (изготовителя, исполнителя), уполномоченного органа в сфере защиты прав потребителей и субъектов досудебного урегулирования потребительских споров, а также информации о праве потребителя обратиться к ним за восстановлением своих нарушенных прав и законных интересов;

2) обеспечению обмена или возврата товара как надлежащего, так и ненадлежащего качества в срок, установленный законодательством Республики Казахстан о защите прав потребителей;

3) представлению письменного ответа на претензию об устранении нарушений прав и законных интересов потребителя в срок, установленный законодательством Республики Казахстан о защите прав потребителей, –

влечет предупреждение.

6. Деяние, предусмотренное частью пятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

Примечание. Применительно к данной статье значительным размером ущерба признается сумма, превышающая один месячный расчетный показатель, крупным размером ущерба – сумма не менее трех месячных расчетных показателей.

Сноска. Статья 190 в редакции Закона РК от 25.06.2020 № 346-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 190-1. Нарушение требований законодательства Республики Казахстан по реализации ювелирных и других изделий из драгоценных металлов и драгоценных камней

1. Нарушение требований законодательства Республики Казахстан, совершенное в виде реализации ювелирных и других изделий из драгоценных металлов и драгоценных камней без наличия пробирного клейма, а также оттиска именника, проставляемого субъектом производства ювелирных и других изделий из драгоценных металлов и драгоценных камней на произведенных ими ювелирных и других изделиях из драгоценных металлов и драгоценных камней, –

влечет штраф на физических лиц в размере пятидесяти, на должностных лиц, субъектов малого предпринимательства – в размере восьмидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере восьмидесяти, на должностных лиц, субъектов малого предпринимательства – в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Сноска. Глава 15 дополнена статьей 190-1 в соответствии с Законом РК от 14.01.2016 № 445-V (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 191. Нарушение порядка приобретения, хранения, учета, перевозки и торговли гражданским и служебным оружием и патронами к нему

Сноска. Статья 191 исключена Законом РК от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 192. Нарушение порядка продажи специальных технических средств

Продажа специальных технических средств, предназначенных для проведения специальных оперативно-розыскных мероприятий, лицам, не имеющим соответствующего разрешения, кроме государственных органов, уполномоченных на осуществление оперативно-розыскной деятельности, –

влечет штраф в размере сорока месячных расчетных показателей.

Статья 193. Нарушение законодательства Республики Казахстан о регулировании торговой деятельности

1. Непредоставление по просьбе покупателя необходимой информации о товаре, его месте происхождения, изготовителях, потребительских свойствах, гарантийных обязательствах и порядке предъявления претензий –

влечет предупреждение или штраф на физических лиц в размере двух, на субъектов малого предпринимательства – в размере шести, на субъектов среднего предпринимательства – в размере десяти, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

2. Неправомерное использование официального документа, удостоверяющего соответствие товаров требованиям безопасности, –

влечет штраф на физических лиц в размере семи, на субъектов малого предпринимательства – в размере пятидесяти пяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей, с конфискацией товаров либо без таковой.

3. Совершение действий (бездействие), предусмотренных частями первой и второй настоящей статьи, повторно в течение года после наложения административного взыскания –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере шестидесяти пяти, на субъектов среднего предпринимательства – в размере ста двадцати, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей, с конфискацией товаров либо без таковой.

4. Реализация на территории Республики Казахстан без указания цены в тенге товара, оформленного ярлыком цен, выставленного во внутренних и (или) внешних витринах торгового объекта, либо реализация на территории Республики Казахстан товара, стоимость которого превышает оформленную ярлыком цену, выставленного во внутренних и (или) внешних витринах торгового объекта, либо указание цены товара не в тенге при его реализации на территории Республики Казахстан на условиях публичного договора –

влечет штраф на субъектов малого предпринимательства в размере шести, на субъектов среднего предпринимательства – в размере десяти, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

5. Действие, предусмотренное частью четвертой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере шестидесяти пяти, на субъектов среднего предпринимательства – в размере ста двадцати, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Сноска. Статья 193 с изменениями, внесенными законами РК от 08.01.2019 № 215-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 25.06.2020 № 346-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 194. Отказ в принятии платежей с использованием платежных карточек

1. Отказ в принятии платежей и (или) переводов с использованием платежных карточек индивидуальным предпринимателем или юридическим лицом, обязанным принимать их при осуществлении торговой деятельности (выполнении работ, оказании услуг) на территории Республики Казахстан, –

влечет предупреждение.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере сорока, на субъектов среднего предпринимательства – в размере шестидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Сноска. Статья 194 с изменением, внесенным Законом РК от 30.11.2016 № 26-VI (вводится в действие с 01.01.2017).

Статья 195. Отсутствие у индивидуального предпринимателя или юридического лица оборудования (устройства), предназначенного для осуществления платежей с использованием платежных карточек

1. Отсутствие у индивидуального предпринимателя или юридического лица, обязанного принимать платежи с использованием платежных карточек, при осуществлении торговой деятельности (выполнении работ, оказании услуг) на территории Республики Казахстан, оборудования (устройства), предназначенного для осуществления платежей с использованием платежных карточек, –

влечет предупреждение.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере сорока, на субъектов среднего предпринимательства – в размере шестидесяти, на субъектов крупного предпринимательства – в размере восьмидесяти месячных расчетных показателей.

Статья 196. Незаконная торговля товарами или иными предметами

Торговля товарами и иными предметами, свободная торговля которыми запрещена или ограничена законодательством Республики Казахстан, –

влечет штраф в размере двадцати пяти месячных расчетных показателей.

Статья 197. Использование марки табачного изделия, в том числе изделий с нагреваемым табаком, табака для кальяна, кальянной смеси, систем для нагрева табака

1. Умышленное распространение, выставка, продажа любых товаров, имеющих на себе марку табачного изделия, кроме самих табачных изделий, в том числе изделий с нагреваемым табаком, табака для кальяна, кальянной смеси, систем для нагрева табака, или любой пачки, упаковки, в которой данное изделие продается или транспортируется, –

влекут штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства – в размере сорока, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере семидесяти месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двадцати пяти, на субъектов малого предпринимательства – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

Сноска. Статья 197 в редакции Закона РК от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными Законом РК от 19.04.2024 № 74-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 198. Нарушение требований законодательства об информации о табаке и табачных изделиях

1. Нарушение требований законодательства об информации о табаке и табачных изделиях –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере двадцати пяти, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства – в размере сорока, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Статья 199. Нарушение требований законодательства Республики Казахстан по продаже табака и табачных изделий, в том числе изделий с нагреваемым табаком, табака для кальяна, кальянной смеси, систем для нагрева табака, спонсорству табака, табачных изделий, а также по производству, продаже и распространению товаров, имитирующих табачные изделия, в том числе изделия с нагреваемым табаком, табак для кальяна, кальянную смесь, системы для нагрева табака

Сноска. Заголовок статьи 199 в редакции Закона РК от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Нарушение требований законодательства Республики Казахстан по продаже табака и табачных изделий, в том числе изделий с нагреваемым табаком, табака для кальяна, кальянной смеси, систем для нагрева табака, за исключением случаев, предусмотренных статьями 133 и 423-1 настоящего Кодекса, –

влекут штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере семидесяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере ста двадцати месячных расчетных показателей.

3. Спонсорство табака, табачных изделий, а также производство, продажа, распространение товаров, имитирующих табачные изделия, в том числе изделий с нагреваемым табаком, табака для кальяна, кальянной смеси, систем для нагрева табака, –

влекут штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере сорока месячных расчетных показателей.

4. Действия, предусмотренные частью третьей настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства – в размере двадцати пяти, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере шестидесяти месячных расчетных показателей.

Сноска. Статья 199 с изменениями, внесенными законами РК от 06.04.2015 № 299-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 19.04.2024 № 74-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 200. Нарушение требований законодательства Республики Казахстан по реализации алкогольной продукции

1. Реализация алкогольной продукции лицам в возрасте до двадцати одного года –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере сорока, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере ста двадцати месячных расчетных показателей, с приостановлением действия лицензии.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания,

– влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства – в размере восьмидесяти, на субъектов среднего предпринимательства – в размере ста сорока, на субъектов крупного предпринимательства – в размере ста восьмидесяти месячных расчетных показателей, с лишением лицензии.

3. Розничная реализация алкогольной продукции, за исключением реализации в ресторанах, барах и кафе, а также на пассажирских воздушных судах, пассажирских судах морского транспорта, в вагонах-ресторанах пассажирских поездов:

с 23 до 8 часов следующего дня;

с объемной долей этилового спирта свыше тридцати процентов с 21 до 12 часов следующего дня -

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере сорока, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере ста двадцати месячных расчетных показателей, с приостановлением действия лицензии.

4. Действие, предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства – в размере восьмидесяти, на субъектов среднего предпринимательства – в размере ста сорока, на субъектов крупного предпринимательства – в размере ста восьмидесяти месячных расчетных показателей, с лишением лицензии.

Сноска. Статья 200 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 19.04.2019 № 249-VI (вводится в действие по истечении двадцати одного календарного дня после дня его первого официального опубликования).

Статья 201. Ограничение доступа товаров в торговые сети или крупные торговые объекты

1. Ограничение субъектами торговой деятельности, осуществляющими деятельность по продаже товаров посредством организации торговой сети или крупных торговых объектов, доступа товаров в торговые сети или крупные торговые объекты, выражающееся в необоснованном отказе от заключения договора о поставке товаров либо в заключении договора, носящего заведомо дискриминационный характер и содержащего условия о:

1) запрещении заключать субъекту торговой деятельности договоров поставки товаров с другими субъектами торговой деятельности, осуществляющими аналогичную деятельность, а также с другими субъектами торговой деятельности на аналогичных или иных условиях;

2) требовании представления субъектом торговой деятельности, осуществляющим поставки товаров, сведений о заключаемых договорах с другими субъектами торговой деятельности, осуществляющими аналогичную деятельность, –

влечет штраф в размере ста месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере двухсот месячных расчетных показателей.

Сноска. Статья 201 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).
Примечание ИЗПИ!
Статью 202 предусмотрено исключить Законом РК от 06.04.2024 № 71-VIII (вводится в действие с 31.12.2025).

Статья 202. Превышение размера предельно допустимых розничных цен на социально значимые продовольственные товары

1. Превышение субъектами внутренней торговли размера предельно допустимых розничных цен на социально значимые продовольственные товары в соответствии с законодательством Республики Казахстан о регулировании торговой деятельности –

влечет штраф в размере ста месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере двухсот месячных расчетных показателей.

3. Недоведение администратором торгового рынка до сведения субъектов внутренней торговли размера предельно допустимых розничных цен на социально значимые продовольственные товары на торговых рынках в письменной форме –

влечет предупреждение.

4. Деяние, предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере двадцати пяти месячных расчетных показателей.

Сноска. Статья 202 в редакции Закона РК от 02.04.2019 № 241-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными Законом РК от 25.06.2020 № 346-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 203. Продажа товаров без документов

1. Продажа товаров индивидуальными предпринимателями и организациями, осуществляющими торговую деятельность, без документов, содержащих сведения о стране происхождения, об изготовителе, поставщике или продавце либо достоверную и достаточную информацию о товаре (услуге) на казахском и русском языках, за исключением случаев, предусмотренных статьями 415 и 416 настоящего Кодекса, –

влечет штраф на субъектов малого предпринимательства в размере сорока пяти, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере девяноста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

Статья 204. Торговля в неустановленных местах

1. Торговля вне мест, установленных местным исполнительным органом, –

влечет предупреждение или штраф в размере пяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере десяти месячных расчетных показателей.

Статья 204-1. Нарушение законодательства Республики Казахстан о регулировании торговой деятельности при приеме и реализации непродовольственных товаров, бывших в употреблении

1. Нарушения субъектом внутренней торговли законодательства Республики Казахстан о регулировании торговой деятельности при приеме и реализации непродовольственных товаров, бывших в употреблении, если эти действия не содержат признаков уголовно наказуемого деяния, совершенные в виде:

1) реализации непродовольственных товаров, бывших в употреблении, в нестационарных торговых объектах, за исключением нестационарных торговых объектов, места и (или) маршруты которых утверждены местными исполнительными органами;

2) неисполнения либо ненадлежащего исполнения обязанности по ведению учета принятых и реализованных непродовольственных товаров, бывших в употреблении, в порядке, определяемом правилами внутренней торговли;

3) нарушения обязанности хранения информации о принятых и реализованных непродовольственных товарах, бывших в употреблении, в течение одного календарного года, –

влекут предупреждение.

2. Деяния, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на субъектов малого предпринимательства в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

Сноска. Глава 15 дополнена статьей 204-1 в соответствии с Законом РК от 25.06.2020 № 346-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 204-2. Нарушение законодательства Республики Казахстан о регулировании торговой деятельности по организации деятельности торговых рынков

1. Отсутствие утвержденного администратором торгового рынка регламента рынка, а равно неуказание в нем:

1) сведений о режиме работы торгового рынка и порядка доступа на торговый рынок субъектов внутренней торговли, покупателей и работников администрации торгового рынка;

2) перечня дополнительных услуг, предоставляемых торговым рынком (при наличии);

3) порядка предоставления субъектам внутренней торговли торговых мест, их характеристики, условий договора имущественного найма (аренды) –

влекут предупреждение.

2. Деяния, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере двадцати пяти месячных расчетных показателей.

Сноска. Глава 15 дополнена статьей 204-2 в соответствии с Законом РК от 25.06.2020 № 346-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 204-3. Превышение размера вознаграждения от цены приобретенных продовольственных товаров при заключении договора поставки продовольственных товаров или незаконное требование вознаграждения в связи с приобретением социально значимых продовольственных товаров

1. Превышение субъектом внутренней торговли, осуществляющим деятельность по продаже товаров посредством организации торговой сети или крупных торговых объектов, пятипроцентного размера вознаграждения от цены приобретенных продовольственных товаров при заключении договора поставки продовольственных товаров с поставщиком продовольственных товаров или незаконное требование им вознаграждения в связи с приобретением социально значимых продовольственных товаров –

влечет предупреждение.

2. Деяния, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере трехсот месячных расчетных показателей.

Сноска. Глава 15 дополнена статьей 204-3 в соответствии с Законом РК от 25.06.2020 № 346-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 204-4. Превышение размера торговой надбавки на социально значимые продовольственные товары

1. Превышение субъектом внутренней торговли размера торговой надбавки на социально значимые продовольственные товары, установленного законодательством Республики Казахстан о регулировании торговой деятельности, –

влечет предупреждение.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере десяти, на субъектов среднего предпринимательства – в размере семидесяти пяти, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

Сноска. Глава 15 дополнена статьей 204-4 в соответствии с Законом РК от 25.06.2020 № 346-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 205. Несвоевременная или неполная уплата неналоговых платежей и поступлений от продажи основного капитала в бюджет, за исключением поступлений средств связанных грантов

1. Несвоевременная уплата неналоговых платежей и поступлений от продажи основного капитала в бюджет, за исключением поступлений средств связанных грантов, –

влечет предупреждение.

2. Неполная уплата неналоговых платежей и поступлений от продажи основного капитала в бюджет, за исключением поступлений средств связанных грантов, –

влечет штраф на физических лиц в размере десяти процентов от суммы неисполненного обязательства, но не менее пяти месячных расчетных показателей, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати процентов от суммы неисполненного обязательства, но не менее пятнадцати месячных расчетных показателей, на субъектов среднего предпринимательства – в размере пятидесяти процентов от суммы неисполненного обязательства, но не менее тридцати месячных расчетных показателей, на субъектов крупного предпринимательства – в размере ста процентов от суммы неисполненного обязательства, но не менее пятидесяти месячных расчетных показателей.

3. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере десяти процентов от суммы неисполненного обязательства, но не менее пяти месячных расчетных показателей, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати процентов от суммы неисполненного обязательства, но не менее пятнадцати месячных расчетных показателей, на субъектов среднего предпринимательства – в размере пятидесяти процентов от суммы неисполненного обязательства, но не менее тридцати месячных расчетных показателей, на субъектов крупного предпринимательства – в размере ста процентов от суммы неисполненного обязательства, но не менее пятидесяти месячных расчетных показателей.

Сноска. Статья 205 в редакции Закона РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 206. Отказ в приеме банкнот и монет национальной валюты

1. Отказ в приеме по нарицательной стоимости банкнот и монет национальной валюты, находящихся в обращении на территории Республики Казахстан, которые являются законным платежным средством, –

влечет предупреждение.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства или некоммерческие организации в размере пяти, на субъектов среднего предпринимательства – в размере десяти, на субъектов крупного предпринимательства – в размере двадцати пяти месячных расчетных показателей.

3. Отказ банками, Национальным оператором почты в приеме, размене и обмене банкнот и монет национальной валюты, находящихся в обращении на территории Республики Казахстан и подлежащих приему по всем видам платежей, –

влечет штраф в размере пятидесяти месячных расчетных показателей.

Примечания.

1. Банкноты и монеты национальной валюты Республики Казахстан не являются законным платежным средством в случаях:

1) если имеют явные признаки подделки;

2) если банкноты и монеты являются неплатежными.

2. Субъекты частного предпринимательства (за исключением банков, Национального оператора почты), некоммерческие организации не несут ответственности, предусмотренной настоящей статьей, за отказ в приеме ветхих банкнот и дефектных (поврежденных) монет.

3. Банки, Национальный оператор почты не подлежат привлечению к административной ответственности, предусмотренной частями первой и второй настоящей статьи, за отказ в приеме по нарицательной стоимости банкнот и монет национальной валюты, находящихся в обращении на территории Республики Казахстан, которые являются законным платежным средством.

Сноска. Статья 206 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 207. Нарушение законодательства Республики Казахстан о государственных закупках

1. Нарушение требований законодательства Республики Казахстан о государственных закупках к конкурсной документации (аукционной документации) либо в размещаемой информации при осуществлении государственных закупок способом запроса ценовых предложений путем установления любых не измеряемых количественно и (или) неадминистрируемых требований к потенциальным поставщикам либо указания на характеристики, определяющие принадлежность приобретаемых товаров, работ, услуг отдельным потенциальным поставщикам, за исключением случаев, предусмотренных законодательством Республики Казахстан о государственных закупках, –

влечет штраф на должностных лиц в размере пятидесяти месячных расчетных показателей.

2. Нерассмотрение либо несвоевременное рассмотрение замечаний к проекту конкурсной документации (аукционной документации), запросов о разъяснении положений конкурсной документации (аукционной документации), поступивших в рамках предварительного обсуждения проекта конкурсной документации (аукционной документации), а равно неразмещение либо несвоевременное размещение на веб-портале государственных закупок протокола предварительного обсуждения проекта конкурсной документации (аукционной документации) при наличии к ним замечаний и запросов о разъяснениях, а также текста конкурсной документации (аукционной документации), за исключением случаев, предусмотренных законодательством Республики Казахстан о государственных закупках, –

влекут штраф на должностных лиц в размере тридцати месячных расчетных показателей.

3. Отказ от осуществления государственных закупок в случаях, не предусмотренных законодательством Республики Казахстан о государственных закупках, –

влечет штраф на должностных лиц в размере ста месячных расчетных показателей.

4. Направление запроса и иные действия конкурсной комиссии (аукционной комиссии), связанные с дополнением заявки на участие в конкурсе (аукционе) недостающими документами, заменой документов, представленных в заявке на участие в конкурсе (аукционе), приведением в соответствие ненадлежащим образом оформленных документов, после истечения срока приведения заявок на участие в конкурсе (аукционе) в соответствие с квалификационными требованиями и требованиями конкурсной документации (аукционной документации), предусмотренными законодательством Республики Казахстан о государственных закупках, –

влекут штраф на должностных лиц в размере ста месячных расчетных показателей.

5. Установление в конкурсной документации (аукционной документации) к потенциальным поставщикам и (или) к привлекаемым ими субподрядчикам (соисполнителям) работ либо услуг квалификационных требований, не предусмотренных законодательством Республики Казахстан о государственных закупках, –

влечет штраф на должностных лиц в размере пятидесяти месячных расчетных показателей.

6. Нарушение требований законодательства Республики Казахстан о государственных закупках в части неприменения критериев, влияющих на конкурсное ценовое предложение, а равно их неправильный расчет –

влекут штраф на должностных лиц в размере пятидесяти месячных расчетных показателей.

7. Признание потенциального поставщика и (или) привлекаемых им субподрядчиков (соисполнителей) работ либо услуг несоответствующими квалификационным требованиям и (или) требованиям конкурсной документации (аукционной документации) по основаниям, не предусмотренным законодательством Республики Казахстан о государственных закупках, –

влечет штраф на должностных лиц в размере ста месячных расчетных показателей.

8. Неразделение при осуществлении государственных закупок товаров, работ, услуг на лоты по их однородным видам и месту их поставки (выполнения, оказания), за исключением случаев, предусмотренных законодательством Республики Казахстан о государственных закупках, –

влечет штраф на должностных лиц в размере десяти месячных расчетных показателей.

9. Подготовка экспертной комиссией либо экспертом заведомо ложного экспертного заключения, на основании которого принято незаконное решение конкурсной комиссией (аукционной комиссией), –

влечет штраф в размере пятидесяти месячных расчетных показателей.

Примечание ИЗПИ!
Часть десятая предусмотрена в редакции Закона РК от 01.07.2024 № 108-VIII (вводится в действие с 01.01.2025).

10. Необращение или несвоевременное обращение заказчика в суд с иском о признании потенциальных поставщиков или поставщиков недобросовестными участниками государственных закупок в случаях:

1) предоставления потенциальным поставщиком или поставщиком недостоверной информации по квалификационным требованиям и (или) документам, влияющим на конкурсное ценовое предложение;

2) неисполнения поставщиком обязательств по заключенному с ним договору о государственных закупках;

3) ненадлежащего исполнения поставщиком обязательств по заключенному с ним договору о государственных закупках, за исключением случаев, предусмотренных законодательством Республики Казахстан о государственных закупках, –

влечет штраф на должностных лиц в размере тридцати месячных расчетных показателей.

Примечание ИЗПИ!
Статью 207 предусмотрено дополнить частями 10-1 и 10-2 в соответствии с Законом РК от 01.07.2024 № 108-VIII (вводится в действие с 01.01.2025).

11. Осуществление государственных закупок способом из одного источника путем прямого заключения договора о государственных закупках в случаях, не предусмотренных законодательством Республики Казахстан о государственных закупках, а равно приобретение товаров, работ, услуг, не предусмотренных в утвержденном годовом плане государственных закупок (предварительном годовом плане государственных закупок), за исключением случаев, предусмотренных законодательством Республики Казахстан о государственных закупках, –

влекут штраф на должностных лиц в размере ста месячных расчетных показателей.

12. Неуказание в протоколах предварительного допуска на участие в конкурсе (аукционе), об итогах государственных закупок способом конкурса (аукциона) подробного описания причин отклонения заявки потенциального поставщика на участие в конкурсе (аукционе), в том числе сведений и документов, подтверждающих его несоответствие квалификационным требованиям и требованиям конкурсной документации (аукционной документации), –

влечет штраф на должностных лиц в размере десяти месячных расчетных показателей.

Примечание ИЗПИ!
В часть тринадцатую предусмотрено изменение Законом РК от 01.07.2024 № 108-VIII (вводится в действие с 01.01.2025).

13. Неразмещение или несвоевременное размещение годового плана государственных закупок (предварительного годового плана государственных закупок) или внесенных изменений и (или) дополнений в годовой план государственных закупок (предварительный годовой план государственных закупок) на веб-портале государственных закупок, за исключением сведений, составляющих государственные секреты в соответствии с законодательством Республики Казахстан о государственных секретах и (или) содержащих информацию ограниченного распространения, а равно утверждение (уточнение) годового плана государственных закупок в объеме, не соответствующем бюджету (плану развития) или индивидуальному плану финансирования в совокупности по спецификам экономической классификации (статьям расходов), по которым требуются заключения договоров о государственных закупках, –

влекут штраф на должностных лиц в размере пятнадцати месячных расчетных показателей.

14. Несвоевременное рассмотрение заявок потенциальных поставщиков на участие в конкурсе (аукционе), а равно несвоевременное размещение протокола предварительного допуска и (или) протокола итогов –

влекут штраф на должностных лиц в размере тридцати месячных расчетных показателей.

15. Действия (бездействие), предусмотренные частями первой и шестой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на должностных лиц в размере ста месячных расчетных показателей.

Примечание ИЗПИ!
В часть шестнадцатую предусмотрено изменение Законом РК от 01.07.2024 № 108-VIII (вводится в действие с 01.01.2025).

16. Действия (бездействие), предусмотренные частями второй, десятой и тринадцатой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на должностных лиц в размере шестидесяти месячных расчетных показателей.

17. Действие, предусмотренное частью девятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере ста месячных расчетных показателей.

18. Действия, предусмотренные частями третьей и одиннадцатой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на должностных лиц в размере двухсот месячных расчетных показателей.

Примечание ИЗПИ!
В примечание предусмотрены изменения Законом РК от 01.07.2024 № 108-VIII (вводится в действие с 01.01.2025).

Примечания.

1. Под должностными лицами в настоящей статье следует понимать:

1) в части первой – первого руководителя либо ответственного секретаря или иного осуществляющего полномочия ответственного секретаря должностного лица, определяемого Президентом Республики Казахстан, организатора государственных закупок, единого организатора государственных закупок, заказчика или лиц, исполняющих их обязанности, и (или) лиц, непосредственно участвующих в разработке конкурсной документации (аукционной документации);

2) в части второй – первых руководителей организатора государственных закупок, единого организатора государственных закупок, заказчика или лиц, исполняющих их обязанности, ответственных за осуществление процедур организации и проведения государственных закупок;

3) в частях третьей, восьмой, десятой, одиннадцатой и тринадцатой – первого руководителя либо ответственного секретаря или иного осуществляющего полномочия ответственного секретаря должностного лица, определяемого Президентом Республики Казахстан, заказчика либо лица, исполняющего его обязанности;

4) в частях четвертой и четырнадцатой – председателя конкурсной комиссии (аукционной комиссии), а также членов и секретаря конкурсной комиссии (аукционной комиссии);

5) в части пятой – первого руководителя либо ответственного секретаря или иного осуществляющего полномочия ответственного секретаря должностного лица, определяемого Президентом Республики Казахстан, заказчика либо лица, исполняющего его обязанности, первого руководителя единого организатора государственных закупок либо лица, исполняющего его обязанности;

6) в частях шестой, седьмой и двенадцатой – председателя конкурсной комиссии (аукционной комиссии), а также членов конкурсной комиссии (аукционной комиссии).

2. Должностное лицо не подлежит привлечению к административной ответственности, предусмотренной настоящей статьей, в случае самостоятельного устранения нарушений, выявленных по результатам камерального контроля, в течение десяти рабочих дней со дня, следующего за днем вручения объекту контроля уведомления об устранении нарушений, выявленных по результатам камерального контроля.

Сноска. Статья 207 в редакции Закона РК от 26.12.2018 № 202-VI (вводится в действие с 01.01.2019).

Статья 207-1. Нарушение порядка осуществления закупок товаров, работ, услуг национальных управляющих холдингов, национальных холдингов, национальных компаний и организаций, пятьдесят и более процентов голосующих акций (долей участия в уставном капитале) которых прямо или косвенно принадлежат национальному управляющему холдингу, национальному холдингу, национальной компании

1. Установление в тендерной документации (аукционной документации) к потенциальным поставщикам квалификационных требований, не предусмотренных порядком осуществления закупок, либо указание в тендерной документации (аукционной документации) либо в размещаемой информации при осуществлении закупок способом запроса ценовых предложений на характеристики, определяющие принадлежность приобретаемых товаров, работ, услуг отдельным потенциальным поставщикам, за исключением случаев, предусмотренных порядком осуществления закупок, –

влечет штраф на должностных лиц в размере пятидесяти месячных расчетных показателей.

2. Отказ от осуществления закупок в случаях, не предусмотренных порядком осуществления закупок, –

влечет штраф на должностных лиц в размере пятидесяти месячных расчетных показателей.

3. Признание потенциального поставщика и (или) привлекаемых им субподрядчиков (соисполнителей) работ либо услуг несоответствующими квалификационным требованиям и (или) требованиям тендерной документации (аукционной документации) по основаниям, не предусмотренным порядком осуществления закупок, –

влечет штраф на должностных лиц в размере пятидесяти месячных расчетных показателей.

4. Неразделение при осуществлении закупок товаров, работ, услуг на лоты по их однородным видам и месту их поставки (выполнения, оказания), за исключением случаев, предусмотренных порядком осуществления закупок, –

влечет штраф на должностных лиц в размере десяти месячных расчетных показателей.

5. Подготовка экспертной комиссией по закупкам либо экспертом по закупкам заведомо ложного экспертного заключения, на основании которого принято незаконное решение тендерной комиссией (аукционной комиссией), –

влечет штраф в размере пятидесяти месячных расчетных показателей.

6. Осуществление закупок способом из одного источника путем прямого заключения договора о закупках в случаях, не предусмотренных порядком осуществления закупок, –

влечет штраф на должностных лиц в размере пятидесяти месячных расчетных показателей.

Примечания.

Примечание ИЗПИ!
В пункт 1 предусмотрено изменение Законом РК от 01.07.2024 № 108-VIII (вводится в действие с 01.01.2025).

1. Под порядком осуществления закупок в настоящей статье следует понимать правила осуществления закупок, предусмотренные Законом Республики Казахстан "О государственном имуществе", или порядок осуществления закупок, предусмотренный Законом Республики Казахстан "О Фонде национального благосостояния".

2. Под должностными лицами в настоящей статье следует понимать:

1) в части первой – первых руководителей организатора закупок, заказчика или лиц, исполняющих их обязанности, и (или) лиц, непосредственно участвующих в разработке тендерной документации (аукционной документации);

2) в частях второй, четвертой и шестой – первых руководителей организатора закупок, заказчика или лиц, исполняющих их обязанности, ответственных за осуществление процедур организации и проведения закупок;

3) в части третьей – председателя тендерной комиссии (аукционной комиссии) и его заместителя, а также членов тендерной комиссии (аукционной комиссии), созданной организатором закупок товаров, работ и услуг национальными управляющими холдингами, национальными холдингами, национальными компаниями и организациями, пятьдесят и более процентов голосующих акций (долей участия в уставном капитале) которых прямо или косвенно принадлежат национальному управляющему холдингу, национальному холдингу, национальной компании.

3. Должностное лицо не подлежит привлечению к административной ответственности, предусмотренной настоящей статьей, в случае самостоятельного устранения нарушений, выявленных по результатам контроля, проведенного Фондом национального благосостояния, централизованной службой по контролю за закупками, в течение десяти рабочих дней со дня, следующего за днем вручения объекту контроля уведомления об устранении нарушений, выявленных по результатам контроля, проведенного Фондом национального благосостояния, централизованной службой по контролю за закупками.

Сноска. Глава 16 дополнена статьей 207-1 в соответствии с Законом РК от 26.12.2018 № 202-VI (вводится в действие с 01.01.2020).

Статья 208. Нарушение требований законодательства Республики Казахстан о кредитных бюро и формировании кредитных историй

1. Нарушение кредитным бюро законодательства Республики Казахстан о кредитных бюро и формировании кредитных историй –

влечет штраф на юридических лиц в размере двухсот месячных расчетных показателей.

2. Предоставление поставщиком информации сведений о субъекте кредитной истории в кредитные бюро (за исключением кредитного бюро с государственным участием) для формирования кредитной истории без согласия субъекта кредитной истории, за исключением случаев предоставления негативной информации о субъекте кредитной истории, а также неправильное оформление такого согласия –

влекут штраф на физических лиц в размере двадцати, на должностных лиц – в размере пятидесяти, на субъектов малого предпринимательства – в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

2-1. Подача получателем кредитного отчета запроса о представлении кредитного отчета без согласия субъекта кредитной истории, за исключением случаев получения негативной информации о субъекте кредитной истории, а также неправильное оформление такого согласия –

влекут штраф на физических лиц в размере двадцати, на должностных лиц – в размере пятидесяти, на субъектов малого предпринимательства – в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

3. Непредставление, а равно несвоевременное представление поставщиком информации в кредитное бюро сведений, полученных от субъекта кредитной истории, представление которых требуется в соответствии с законодательством Республики Казахстан о кредитных бюро и формировании кредитных историй, либо представление недостоверных сведений –

влекут штраф на физических лиц в размере двадцати, на должностных лиц – в размере пятидесяти, на субъектов малого предпринимательства – в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Примечание. Под сведениями понимаются сведения в отношении субъектов кредитных историй на электронном и бумажном носителях, передаваемые участниками системы формирования кредитных историй и их использования, при необходимости удостоверяемые электронной цифровой подписью.

Сноска. Статья 208 с изменениями, внесенными Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 209. Нарушение законодательства Республики Казахстан о концессиях

Внесение изменений в условия конкурса по выбору концессионера, а также в начальные параметры и характеристики концессионной заявки в ходе проведения с участником конкурса, концессионная заявка которого признана лучшей, переговоров по уточнению концессионного проекта и условий договора концессии –

влечет штраф на должностных лиц в размере ста месячных расчетных показателей.

Примечание. Под должностными лицами в настоящей статье следует понимать первых руководителей организатора конкурса по концессии или лиц, исполняющих их обязанности, ответственных за осуществление процедур организации и проведения конкурса.

Статья 210. Проведение платежей и (или) переводов денег по валютным операциям без представления валютного договора в предусмотренном валютным законодательством Республики Казахстан порядке

1. Проведение уполномоченным банком платежа и (или) перевода денег по валютной операции без представления валютного договора или валютного договора с присвоенным учетным номером, когда представление такого валютного договора является обязательным в соответствии с нормативными правовыми актами Национального Банка Республики Казахстан, –

влечет предупреждение.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пятидесяти месячных расчетных показателей.

Сноска. Статья 210 в редакции Закона РК от 02.07.2018 № 168-VІ (вводится в действие с 01.07.2019).

Статья 210-1. Невыполнение уполномоченным банком требования Национального Банка Республики Казахстан об устранении выявленных нарушений валютного законодательства Республики Казахстан

1. Невыполнение уполномоченным банком требования Национального Банка Республики Казахстан об устранении выявленных нарушений валютного законодательства Республики Казахстан –

влечет предупреждение.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере четырехсот пятидесяти месячных расчетных показателей.

Примечание. Ответственность за совершение правонарушения, предусмотренного частью второй настоящей статьи, наступает в случае совершения уполномоченным банком аналогичного нарушения, за которое уполномоченный банк был привлечен к административной ответственности по части первой настоящей статьи.

Сноска. Глава 15 дополнена статьей 210-1 в соответствии с Законом РК от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020).

Статья 211. Нарушение требований законодательства Республики Казахстан о микрофинансовой деятельности

Сноска. Заголовок статьи 211 с изменением, внесенным Законом РК от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020).

1. Осуществление организациями, осуществляющими микрофинансовую деятельность, видов деятельности, не предусмотренных Законом Республики Казахстан "О микрофинансовой деятельности", –

влечет штраф в размере ста месячных расчетных показателей.

2. Распространение или размещение организацией, осуществляющей микрофинансовую деятельность, в масс-медиа рекламы, не соответствующей действительности на день ее опубликования, а также рекламы, связанной с предложением микрокредита на условиях, не соответствующих законодательству Республики Казахстан о микрофинансовой деятельности, если это действие не имеет признаков уголовно наказуемого деяния, –

влечет штраф в размере ста пятидесяти месячных расчетных показателей.

3. Представление организациями, осуществляющими микрофинансовую деятельность, недостоверной финансовой или иной отчетности –

влечет предупреждение.

3-1. Деяние, предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пятидесяти месячных расчетных показателей.

4. Неоднократное (два и более раза в течение двенадцати последовательных календарных месяцев) нарушение организациями, осуществляющими микрофинансовую деятельность, одних и тех же пруденциальных нормативов и (или) других обязательных к соблюдению норм и лимитов, установленных уполномоченным органом по регулированию, контролю и надзору финансового рынка и финансовых организаций, –

влечет штраф в размере трехсот месячных расчетных показателей.

5. Неуказание, недостоверное указание размера годовой эффективной ставки вознаграждения, рассчитанной в порядке, установленном законодательством Республики Казахстан, организациями, осуществляющими микрофинансовую деятельность, лицами, которым уступлено право (требование) по договору о предоставлении микрокредита, в договорах о предоставлении микрокредита, заключаемых с клиентами, а равно превышение предельного размера годовой эффективной ставки вознаграждения, определенного совместным нормативным правовым актом уполномоченного органа по регулированию, контролю и надзору финансового рынка и финансовых организаций и Национального Банка Республики Казахстан, –

влекут штраф на юридических лиц в размере пятидесяти месячных расчетных показателей.

6. Утеря организациями, осуществляющими микрофинансовую деятельность, платежных документов клиентов –

влечет штраф на юридических лиц в размере ста месячных расчетных показателей.

7. Утеря оригиналов правоустанавливающих документов на имущество, являющееся обеспечением по договору о предоставлении микрокредита, организацией, осуществляющей микрофинансовую деятельность, лицом, которому уступлено право (требование) по договору о предоставлении микрокредита, –

влечет штраф в размере ста месячных расчетных показателей.

Примечания.

1. Ответственность за совершение правонарушения, предусмотренного частью 3-1 настоящей статьи, наступает в случаях представления одной и той же формы периодической отчетности, представление которой требуется нормативным правовым актом Национального Банка Республики Казахстан.

2. Для целей частей пятой и седьмой настоящей статьи под лицами, которым уступлено право (требование) по договору о предоставлении микрокредита, понимаются банк второго уровня, коллекторское агентство, организация, осуществляющая микрофинансовую деятельность, специальная финансовая компания, созданная в соответствии с законодательством Республики Казахстан о проектном финансировании и секьюритизации, при сделке секьюритизации, юридическое лицо – залогодержатель прав требования по договору о предоставлении микрокредита при выпуске организацией, осуществляющей микрофинансовую деятельность, обеспеченных облигаций или получении займов.

Сноска. Статья 211 с изменениями, внесенными законами РК от 06.05.2017 № 63-VI (вводится в действие по истечении двадцати одного календарного дня после дня его первого официального опубликования); от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020); от 10.06.2024 № 91-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 211-1. Нарушение требований законодательства Республики Казахстан о коллекторской деятельности

1. Совершение коллекторским агентством следующих недобросовестных действий, если эти действия не содержат признаков уголовно наказуемого деяния:

1) использование иных способов взаимодействия с должником и (или) его представителем, и (или) третьим лицом, не предусмотренных Законом Республики Казахстан "О коллекторской деятельности";

2) принятие от должника денег (в наличной или безналичной форме), а также иного имущества в счет погашения задолженности при оказании услуг кредитору по коллекторской деятельности в рамках соответствующего договора;

3) требование погашения задолженности иным имуществом, кроме денег, при оказании услуг кредитору по коллекторской деятельности в рамках соответствующего договора;

4) разглашение коммерческой или иной охраняемой законами Республики Казахстан тайны, полученной от кредитора и (или) его представителя, и (или) третьих лиц, за исключением случаев, предусмотренных законами Республики Казахстан, –

влечет штраф на субъектов малого предпринимательства в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

2. Нарушение коллекторским агентством правил осуществления коллекторской деятельности, за исключением недобросовестных действий, предусмотренных Законом Республики Казахстан "О коллекторской деятельности", –

влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

3. Несвоевременное предоставление коллекторским агентством в уполномоченный орган по регулированию, контролю и надзору финансового рынка и финансовых организаций информации, требуемой в соответствии с законодательством Республики Казахстан о коллекторской деятельности, –

влечет предупреждение.

3-1. Действие, предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на субъектов среднего предпринимательства – в размере семидесяти пяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

3-2. Непредоставление коллекторским агентством в уполномоченный орган по регулированию, контролю и надзору финансового рынка и финансовых организаций информации, требуемой в соответствии с законодательством Республики Казахстан о коллекторской деятельности, –

влечет штраф на субъектов малого предпринимательства в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

3-3. Предоставление в уполномоченный орган по регулированию, контролю и надзору финансового рынка и финансовых организаций коллекторским агентством информации, не содержащей сведений, представление которых требуется в соответствии с законодательством Республики Казахстан о коллекторской деятельности, либо предоставление недостоверной информации либо заведомо недостоверных сведений –

влечет штраф на субъектов малого предпринимательства в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

4. Представление коллекторскими агентствами недостоверной, а равно неполной отчетности –

влечет предупреждение.

5. Действие, предусмотренное частью четвертой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере ста месячных расчетных показателей.

Примечание. Ответственность за совершение правонарушения, предусмотренного частью пятой настоящей статьи, наступает в случаях представления недостоверной, а равно неполной одной и той же формы отчетности, представление которой требуется нормативным правовым актом Национального Банка Республики Казахстан.

Сноска. Глава 15 дополнена статьей 211-1 в соответствии с Законом РК от 06.05.2017 № 63-VI (вводится в действие по истечении двадцати одного календарного дня после дня его первого официального опубликования); с изменениями, внесенными законами РК от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования); от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020).

Статья 211-2. Нарушение лицом, которому уступлено право (требование) по договору банковского займа или договору о предоставлении микрокредита, требований и ограничений, предъявляемых законодательством Республики Казахстан к взаимоотношениям кредитора с заемщиком

1. Изменение условий договора банковского займа или договора о предоставлении микрокредита без соблюдения требований, предусмотренных банковским законодательством Республики Казахстан либо законодательством Республики Казахстан о микрофинансовой деятельности, –

влечет штраф в размере ста пятидесяти месячных расчетных показателей.

2. Переуступка лицом, которому уступлено право (требование) по договору банковского займа или договору о предоставлении микрокредита, заключенному с физическим лицом, иным лицам, не предусмотренным законами Республики Казахстан "О банках и банковской деятельности в Республике Казахстан" и "О микрофинансовых организациях", –

влечет штраф в размере ста пятидесяти месячных расчетных показателей.

3. Взимание с должника комиссий и платежей при переходе прав (требований) кредитора по договору уступки права требования, не предусмотренных договором банковского займа или договором о предоставлении микрокредита, –

влечет штраф в размере ста пятидесяти месячных расчетных показателей.

Примечания.

1. Для целей настоящей статьи под лицом, которому уступлено право (требование) по договору банковского займа, понимаются коллекторское агентство, банк, организация, осуществляющая отдельные виды банковских операций, дочерняя организация банка, приобретающая сомнительные и безнадежные активы родительского банка, организация, специализирующаяся на улучшении качества кредитных портфелей банков второго уровня, специальная финансовая компания, созданная в соответствии с законодательством Республики Казахстан о проектном финансировании и секьюритизации, при сделке секьюритизации.

2. Для целей настоящей статьи под лицом, которому уступлено право (требование) по договору о предоставлении микрокредита, понимаются коллекторское агентство, организация, осуществляющая микрофинансовую деятельность, специальная финансовая компания, созданная в соответствии с законодательством Республики Казахстан о проектном финансировании и секьюритизации, при сделке секьюритизации.

Сноска. Глава 15 дополнена статьей 211-2 в соответствии с Законом РК от 06.05.2017 № 63-VI (вводится в действие по истечении двадцати одного календарного дня после дня его первого официального опубликования); с изменениями, внесенными Законом РК от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020).

Статья 212. Нарушение сроков представления финансовой или иной отчетности финансовыми организациями и иными лицами

Сноска. Заголовок статьи 212 с изменением, внесенным Законом РК от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020).

1. Нарушение финансовыми организациями, филиалами банков – нерезидентов Республики Казахстан, филиалами страховых (перестраховочных) организаций – нерезидентов Республики Казахстан, филиалами страховых брокеров – нерезидентов Республики Казахстан, организацией, гарантирующей осуществление страховых выплат, организациями, осуществляющими микрофинансовую деятельность, коллекторскими агентствами, кредитными бюро и платежными организациями предусмотренного нормативными правовыми актами Национального Банка Республики Казахстан срока представления финансовой или иной отчетности –

влечет предупреждение.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства, некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства, филиалы банков – нерезидентов Республики Казахстан, филиалы страховых (перестраховочных) организаций – нерезидентов Республики Казахстан, филиалы страховых брокеров – нерезидентов Республики Казахстан – в размере ста месячных расчетных показателей.

3. Исключен Законом РК от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020).

Примечание. Ответственность за совершение правонарушения, предусмотренного частью второй настоящей статьи, наступает в случаях нарушения предусмотренного нормативными правовыми актами Национального Банка Республики Казахстан срока представления одной и той же формы периодической отчетности, представление которой требуется нормативным правовым актом Национального Банка Республики Казахстан.

Сноска. Статья 212 в редакции Закона РК от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования); с изменениями, внесенными законами РК от 24.11.2015 № 422-V (вводится в действие с 16.12.2020); РК от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020).

Статья 213. Нарушение требований банковского законодательства Республики Казахстан

1. Исключен Законом РК от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования).
2. Исключен Законом РК от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования).
3. Исключен Законом РК от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования).

4. Неоднократное (два и более раза в течение двенадцати последовательных календарных месяцев) нарушение банками, филиалами банков – нерезидентов Республики Казахстан, организациями, осуществляющими отдельные виды банковских операций, одних и тех же пруденциальных нормативов и (или) иных обязательных к соблюдению норм и лимитов, установленных уполномоченным органом по регулированию, контролю и надзору финансового рынка и финансовых организаций, –

влечет штраф на юридических лиц, филиалы банков – нерезидентов Республики Казахстан в размере трехсот месячных расчетных показателей.

5. Неоднократное (два и более раза в течение трех последовательных календарных месяцев) нарушение банками, филиалами банков – нерезидентов Республики Казахстан минимальных резервных требований, установленных Национальным Банком Республики Казахстан, –

влечет штраф на юридических лиц, филиалы банков – нерезидентов Республики Казахстан в размере трехсот месячных расчетных показателей.

6. Осуществление банками, филиалами банков – нерезидентов Республики Казахстан, банковскими холдингами, организациями, осуществляющими отдельные виды банковских операций, операций и сделок, запрещенных в соответствии с банковским законодательством Республики Казахстан либо в нарушение банковского законодательства Республики Казахстан, а равно выходящих за пределы их правоспособности, –

влечет штраф на юридических лиц, филиалы банков – нерезидентов Республики Казахстан в размере одной десятой процента от суммы сделки, но не менее двухсот и не более одной тысячи месячных расчетных показателей.

7. Действие, предусмотренное частью шестой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на юридических лиц, филиалы банков – нерезидентов Республики Казахстан в размере одного процента от суммы сделки, но не менее четырехсот и не более двух тысяч месячных расчетных показателей.

8. Составление банками, филиалами банков – нерезидентов Республики Казахстан, организациями, осуществляющими отдельные виды банковских операций, отчетности, приведшее к искажению сведений о выполнении пруденциальных нормативов и (или) иных обязательных к соблюдению норм и лимитов, определенных банковским законодательством Республики Казахстан, –

влечет штраф на юридических лиц, филиалы банков – нерезидентов Республики Казахстан в размере двухсот месячных расчетных показателей.

9. Действие, предусмотренное частью восьмой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на юридических лиц, филиалы банков – нерезидентов Республики Казахстан в размере шестисот месячных расчетных показателей.

10. Невыполнение банками, филиалами банков – нерезидентов Республики Казахстан, организациями, осуществляющими отдельные виды банковских операций, лицами, которым уступлено право (требование) по договору банковского займа, обязанности по указанию ставки вознаграждения в достоверном, годовом, эффективном, сопоставимом исчислении в договорах, заключаемых с клиентами, а также при распространении информации о величинах вознаграждения по займам и вкладам (за исключением межбанковских), в том числе ее публикации, –

влечет штраф на юридических лиц, филиалы банков – нерезидентов Республики Казахстан в размере пятидесяти месячных расчетных показателей.

11. Объявление или опубликование банком, филиалом банка – нерезидента Республики Казахстан в масс-медиа рекламы, не соответствующей действительности на день опубликования, –

влечет штраф в размере двухсот месячных расчетных показателей.

12. Превышение банками, филиалами банков – нерезидентов Республики Казахстан, организациями, осуществляющими отдельные виды банковских операций, лицами, которым уступлено право (требование) по договору банковского займа, предельного размера годовой эффективной ставки вознаграждения, определенного совместным нормативным правовым актом уполномоченного органа по регулированию, контролю и надзору финансового рынка и финансовых организаций и Национального Банка Республики Казахстан, –

влечет штраф на юридических лиц, филиалы банков – нерезидентов Республики Казахстан в размере пятидесяти месячных расчетных показателей.

13. Нарушение банками, филиалами банков – нерезидентов Республики Казахстан, организациями, осуществляющими отдельные виды банковских операций, лицами, которым уступлено право (требование) по договору банковского займа, порядка исчисления, условия действия плавающей ставки вознаграждения по договорам банковского займа, в том числе по договорам ипотечных займов, заключаемых с физическими лицами, –

влечет штраф на юридических лиц, филиалы банков – нерезидентов Республики Казахстан в размере пятидесяти месячных расчетных показателей.

14. Утеря оригиналов правоустанавливающих документов на имущество, являющееся обеспечением по договору банковского займа, банком, филиалом банка – нерезидента Республики Казахстан, организацией, осуществляющей отдельные виды банковских операций, лицом, которому уступлено право (требование) по договору банковского займа, –

влечет штраф в размере ста месячных расчетных показателей.

Примечания.

1. Для целей части восьмой настоящей статьи административная ответственность наступает в случае, когда в результате корректировки искаженных сведений выявлено нарушение банком, филиалом банка – нерезидента Республики Казахстан, организацией, осуществляющей отдельные виды банковских операций, пруденциальных нормативов и (или) иных обязательных к соблюдению норм и лимитов, установленных уполномоченным органом по регулированию, контролю и надзору финансового рынка и финансовых организаций.

2. Для целей частей десятой, двенадцатой, тринадцатой и четырнадцатой настоящей статьи под лицом, которому уступлено право (требование) по договору банковского займа, понимаются коллекторское агентство, банк, организация, осуществляющая отдельные виды банковских операций, дочерняя организация банка, приобретающая сомнительные и безнадежные активы родительского банка, организация, специализирующаяся на улучшении качества кредитных портфелей банков второго уровня, специальная финансовая компания, созданная в соответствии с законодательством Республики Казахстан о проектном финансировании и секьюритизации, при сделке секьюритизации.

Сноска. Статья 213 с изменениями, внесенными законами РК от 24.11.2015 № 422-V (вводится в действие с 16.12.2020); от 06.05.2017 № 63-VI (вводится в действие по истечении двадцати одного календарного дня после дня его первого официального опубликования); от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования); от 03.07.2019 № 262-VІ (порядок введения в действие см. ст. 2); от 10.06.2024 № 91-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 214. Нарушение законодательства Республики Казахстан о противодействии легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма

1. Нарушение субъектами финансового мониторинга законодательства Республики Казахстан о противодействии легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма в части фиксирования сведений, хранения сведений и документов, защиты документов –

влечет штраф на физических лиц в размере двадцати, на должностных лиц, нотариусов и адвокатов, субъектов малого предпринимательства, некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

2. Непредоставление, несвоевременное предоставление субъектами финансового мониторинга информации об операциях с деньгами и (или) иным имуществом, подлежащих финансовому мониторингу, предусмотренных пунктами 3 и 5 статьи 4 Закона Республики Казахстан "О противодействии легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма", –

влекут штраф на физических лиц в размере пятидесяти, на должностных лиц, нотариусов и адвокатов, субъектов малого предпринимательства, некоммерческие организации – в размере ста сорока, на субъектов среднего предпринимательства – в размере двухсот двадцати, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

3. Непредоставление, несвоевременное предоставление субъектами финансового мониторинга информации, сведений и документов по запросу уполномоченного органа по финансовому мониторингу –

влекут штраф на физических лиц в размере тридцати, на должностных лиц, нотариусов и адвокатов, субъектов малого предпринимательства, некоммерческие организации – в размере восьмидесяти, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

3-1. Непредставление, несвоевременное представление, а также представление недостоверных сведений и документов, предусмотренных пунктом 5 статьи 12-3 Закона Республики Казахстан "О противодействии легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма", по запросу уполномоченного органа по финансовому мониторингу –

влекут штраф на субъектов малого предпринимательства, некоммерческие организации в размере восьмидесяти, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

4. Непринятие субъектами финансового мониторинга мер по надлежащей проверке клиентов (их представителей) и бенефициарных собственников –

влечет штраф на физических лиц в размере тридцати, на должностных лиц, нотариусов и адвокатов, субъектов малого предпринимательства, некоммерческие организации – в размере восьмидесяти, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

5. Нарушение субъектами финансового мониторинга законодательства Республики Казахстан о противодействии легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма в части принятия мер по замораживанию операций с деньгами и (или) иным имуществом и (или) предоставления информации о мерах по замораживанию операций с деньгами и (или) иным имуществом –

влечет штраф на физических лиц в размере пятидесяти, на должностных лиц, нотариусов и адвокатов, субъектов малого предпринимательства, некоммерческие организации – в размере ста сорока, на субъектов среднего предпринимательства – в размере двухсот двадцати, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

6. Неисполнение субъектами финансового мониторинга обязанностей по отказу клиенту в установлении деловых отношений и проведении операций с деньгами и (или) иным имуществом и (или) предоставлению информации об отказах в установлении деловых отношений и проведении операций с деньгами и (или) иным имуществом –

влечет штраф на физических лиц в размере тридцати, на должностных лиц, нотариусов и адвокатов, субъектов малого предпринимательства, некоммерческие организации – в размере восьмидесяти, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

7. Неисполнение субъектами финансового мониторинга программы подготовки и обучения в сфере противодействия легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма, утвержденной правилами внутреннего контроля, –

влечет штраф на физических лиц в размере двадцати, на должностных лиц, нотариусов и адвокатов, субъектов малого предпринимательства, некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

8. Непредоставление, несвоевременное предоставление субъектами финансового мониторинга информации об операциях с деньгами и (или) иным имуществом, подлежащих финансовому мониторингу, предусмотренных пунктом 1 статьи 4 Закона Республики Казахстан "О противодействии легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма", –

влекут штраф на физических лиц в размере тридцати, на должностных лиц, нотариусов и адвокатов, субъектов малого предпринимательства, некоммерческие организации – в размере восьмидесяти, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

9. Неприостановление операций клиентов субъектами финансового мониторинга по решению уполномоченного органа по финансовому мониторингу –

влечет штраф на физических лиц в размере пятидесяти, на должностных лиц, нотариусов и адвокатов, субъектов малого предпринимательства, некоммерческие организации – в размере ста сорока, на субъектов среднего предпринимательства – в размере двухсот двадцати, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

10. Неисполнение субъектами финансового мониторинга обязанностей по разработке и принятию правил внутреннего контроля и программ его осуществления либо несоответствие правил внутреннего контроля требованиям законодательства Республики Казахстан о противодействии легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма –

влечет штраф на физических лиц в размере восьмидесяти, на должностных лиц, нотариусов и адвокатов, субъектов малого предпринимательства, некоммерческие организации – в размере ста тридцати, на субъектов среднего предпринимательства – в размере двухсот тридцати, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

11. Извещение субъектами финансового мониторинга своих клиентов и иных лиц о предоставлении в уполномоченный орган по финансовому мониторингу информации –

влечет штраф на физических лиц в размере пятидесяти, на должностных лиц, нотариусов и адвокатов, субъектов малого предпринимательства, некоммерческие организации – в размере ста сорока, на субъектов среднего предпринимательства – в размере двухсот двадцати, на субъектов крупного предпринимательства – в размере четырехсот сорока месячных расчетных показателей.

12. Действия (бездействие), предусмотренные частями первой, второй, третьей, четвертой, пятой, шестой, седьмой, девятой, десятой и одиннадцатой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере ста, на должностных лиц, нотариусов и адвокатов, субъектов малого предпринимательства, некоммерческие организации – в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере двухсот пятидесяти, на субъектов крупного предпринимательства – в размере шестисот месячных расчетных показателей.

13. Действия (бездействие), предусмотренные частями первой, второй, третьей, четвертой, пятой, шестой, седьмой, девятой, десятой и одиннадцатой настоящей статьи, совершенные три и более раза в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере ста пятидесяти, на должностных лиц, нотариусов и адвокатов, субъектов малого предпринимательства, некоммерческие организации – в размере трехсот, на субъектов среднего предпринимательства – в размере шестисот, на субъектов крупного предпринимательства – в размере тысячи двухсот месячных расчетных показателей с приостановлением действия лицензии или квалификационного аттестата (свидетельства) на срок до шести месяцев либо их лишением или приостановлением деятельности на срок до трех месяцев.

Сноска. Статья 214 в редакции Закона РК от 13.05.2020 № 325-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); с изменениями, внесенными законами РК от 01.07.2022 № 132-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 12.07.2023 № 24-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 214-1. Совершение операции c деньгами и (или) иным имуществом, повлекшей легализацию (отмывание) доходов, полученных преступным путем

Совершение юридическим лицом операции с деньгами и (или) иным имуществом, полученными заведомо для физического лица этого юридического лица преступным путем, повлекшее придание правомерного вида владению, пользованию или распоряжению указанными деньгами и (или) иным имуществом, –

влечет штраф на субъектов малого предпринимательства, некоммерческие организации в размере семисот пятидесяти, на субъектов среднего предпринимательства – в размере одной тысячи, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

Примечания.

1. Под физическим лицом в настоящей статье следует понимать лицо, постоянно, временно либо по специальному полномочию осуществляющее организационно-распорядительные или административно-хозяйственные функции в юридическом лице, указанном в абзаце первом настоящей статьи, или работника такого юридического лица, обладающего правом на совершение операции с деньгами и (или) иным имуществом в соответствии с законами Республики Казахстан или уставом юридического лица, или бенефициарного собственника такого юридического лица, определенного подпунктом 3) статьи 1 Закона Республики Казахстан "О противодействии легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма".

2. Юридическое лицо, добровольно заявившее о совершенной операции с деньгами и (или) иным имуществом, повлекшей легализацию (отмывание) доходов, полученных преступным путем, освобождается от административной ответственности, если в его действиях не содержится состав иного правонарушения.

Сноска. Глава 15 дополнена статьей 214-1 в соответствии с Законом РК от 01.07.2022 № 132-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 215. Нарушение порядка формирования системы управления рисками и внутреннего контроля

Сноска. Статья 215 исключена Законом РК от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020).

Статья 216. Недостижение субъектами квазигосударственного сектора результатов бюджетных инвестиций

1. Недостижение дочерними, зависимыми и иными юридическими лицами, являющимися аффилиированными в соответствии с законодательными актами Республики Казахстан, результатов бюджетных инвестиций посредством участия государства в их уставном капитале, предусмотренных в финансово-экономическом обосновании, –

влечет штраф на должностных лиц – первых руководителей в размере четырехсот месячных расчетных показателей.

2. Недостижение государственными предприятиями, товариществами с ограниченной ответственностью, акционерными обществами, участником или акционером которых является государство, результатов бюджетных инвестиций посредством участия государства в их уставном капитале, предусмотренных в финансово-экономическом обосновании, –

влечет штраф на должностных лиц – первых руководителей в размере четырехсот месячных расчетных показателей.

Статья 217. Нарушение агентами валютного контроля порядка представления отчетов по валютным операциям клиентов

1. Нарушение агентом валютного контроля предусмотренного нормативным правовым актом Национального Банка Республики Казахстан срока представления отчета по уведомлению о проведенных валютных операциях –

влечет предупреждение.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

3. Представление агентом валютного контроля неполного и (или) недостоверного отчета по уведомлению о проведенных валютных операциях, предусмотренного нормативным правовым актом Национального Банка Республики Казахстан, –

влечет предупреждение.

4. Действие, предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

5. Нарушение агентом валютного контроля предусмотренного нормативным правовым актом Национального Банка Республики Казахстан срока представления отчета по валютным договорам по экспорту или импорту –

влечет предупреждение.

6. Деяние, предусмотренное частью пятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

7. Представление агентом валютного контроля неполного и (или) недостоверного отчета по валютным договорам по экспорту или импорту, предусмотренного нормативным правовым актом Национального Банка Республики Казахстан, –

влечет предупреждение.

8. Действие, предусмотренное частью седьмой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

9. Нарушение агентом валютного контроля предусмотренного нормативным правовым актом Национального Банка Республики Казахстан срока представления отчета по валютным договорам, на основании и (или) во исполнение которых проводятся операции движения капитала, –

влечет предупреждение.

10. Деяние, предусмотренное частью девятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

11. Представление агентом валютного контроля неполного и (или) недостоверного отчета по валютным договорам, на основании и (или) во исполнение которых проводятся операции движения капитала, предусмотренного нормативным правовым актом Национального Банка Республики Казахстан, –

влечет предупреждение.

12. Действие, предусмотренное частью одиннадцатой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

Сноска. Статья 217 в редакции Закона РК от 02.07.2018 № 168-VІ (вводится в действие с 01.07.2019).

Статья 218. Нарушение порядка представления отчетов для целей мониторинга источников спроса и предложения на внутреннем валютном рынке Республики Казахстан или отчетов о деятельности по организации обменных операций с наличной иностранной валютой

1. Нарушение уполномоченным банком или профессиональным участником рынка ценных бумаг, осуществляющим валютные операции по поручениям клиентов, предусмотренного нормативным правовым актом Национального Банка Республики Казахстан срока представления отчета для целей мониторинга источников спроса и предложения на внутреннем валютном рынке Республики Казахстан –

влечет предупреждение.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

3. Представление уполномоченным банком или профессиональным участником рынка ценных бумаг, осуществляющим валютные операции по поручениям клиентов, неполного и (или) недостоверного отчета для целей мониторинга источников спроса и предложения на внутреннем валютном рынке Республики Казахстан, предусмотренного нормативным правовым актом Национального Банка Республики Казахстан, –

влечет предупреждение.

4. Действие, предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

5. Нарушение уполномоченным банком или уполномоченной организацией предусмотренного нормативным правовым актом Национального Банка Республики Казахстан срока представления отчета о деятельности по организации обменных операций с наличной иностранной валютой –

влечет предупреждение.

6. Деяние, предусмотренное частью пятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

7. Представление уполномоченным банком или уполномоченной организацией неполного и (или) недостоверного отчета о деятельности по организации обменных операций с наличной иностранной валютой, предусмотренного нормативным правовым актом Национального Банка Республики Казахстан, –

влечет предупреждение.

8. Действие, предусмотренное частью седьмой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

Сноска. Статья 218 в редакции Закона РК от 02.07.2018 № 168-VІ (вводится в действие с 01.07.2019).

Статья 219. Превышение натуральных норм по административным расходам

Превышение государственными предприятиями, акционерными обществами и товариществами с ограниченной ответственностью, контролируемыми государством, натуральных норм по административным расходам, установленным нормативными правовыми актами, –

влечет штраф на первых руководителей в размере пятидесяти месячных расчетных показателей.

Статья 220. Нарушение законодательства Республики Казахстан о платежах и платежных системах, требований, связанных с банковским обслуживанием клиентов

Сноска. Заголовок статьи 220 в редакции Закона РК от 26.07.2016 № 12-VІ (вводится в действие по истечении тридцати календарных дней после дня его первого официального опубликования).

1. Нарушение банками, филиалами банков – нерезидентов Республики Казахстан, организациями, осуществляющими отдельные виды банковских операций, сроков исполнения указания по платежу и (или) переводу денег или отказа в исполнении указания по платежу и (или) переводу денег, установленных Законом Республики Казахстан "О платежах и платежных системах", –

влечет штраф на юридических лиц, филиалы банков – нерезидентов Республики Казахстан в размере пяти процентов от суммы указания по платежу и (или) переводу денег, но не более ста месячных расчетных показателей на субъектов среднего предпринимательства и двухсот месячных расчетных показателей на субъектов крупного предпринимательства, филиалы банков – нерезидентов Республики Казахстан.

2. Исполнение банками, филиалами банков – нерезидентов Республики Казахстан, организациями, осуществляющими отдельные виды банковских операций, указания по платежу и (или) переводу денег, совершенного в пользу бенефициара, отличного от проставленного в указании, или на сумму, отличную от проставленной в указании, –

влечет штраф на юридических лиц, филиалы банков – нерезидентов Республики Казахстан в размере пяти процентов от суммы указания по платежу и (или) переводу денег, но не более ста месячных расчетных показателей на субъектов среднего предпринимательства и двухсот месячных расчетных показателей на субъектов крупного предпринимательства, филиалы банков – нерезидентов Республики Казахстан.

3. Утеря банками, филиалами банков – нерезидентов Республики Казахстан, организациями, осуществляющими отдельные виды банковских операций, платежных документов клиентов –

влечет штраф на юридических лиц, филиалы банков – нерезидентов Республики Казахстан в размере ста месячных расчетных показателей за каждый платежный документ.

4. Необоснованный отказ банками, филиалами банков – нерезидентов Республики Казахстан, организациями, осуществляющими отдельные виды банковских операций, в исполнении указания по платежу и (или) переводу денег при отсутствии оснований для отказа в исполнении указания, определенных Законом Республики Казахстан "О платежах и платежных системах", –

влечет штраф на юридических лиц, филиалы банков – нерезидентов Республики Казахстан в размере пяти процентов от суммы указания по платежу и (или) переводу денег, но не более ста месячных расчетных показателей на субъектов среднего предпринимательства и двухсот месячных расчетных показателей на субъектов крупного предпринимательства, филиалы банков – нерезидентов Республики Казахстан.

4-1. Исполнение банками, филиалами банков – нерезидентов Республики Казахстан, организациями, осуществляющими отдельные виды банковских операций, указания по платежу и (или) переводу денег в случаях, при которых Законом Республики Казахстан "О платежах и платежных системах" предусмотрен отказ в исполнении указания по платежу и (или) переводу денег, –

влечет штраф на юридических лиц, филиалы банков – нерезидентов Республики Казахстан в размере пяти процентов от суммы указания по платежу и (или) переводу денег, но не более ста месячных расчетных показателей на субъектов среднего предпринимательства и двухсот месячных расчетных показателей на субъектов крупного предпринимательства, филиалы банков – нерезидентов Республики Казахстан.

5. Нарушение банками, филиалами банков – нерезидентов Республики Казахстан, организациями, осуществляющими отдельные виды банковских операций, очередности изъятия денег с банковского счета клиента, установленной Гражданским кодексом Республики Казахстан, –

влечет штраф на юридических лиц, филиалы банков – нерезидентов Республики Казахстан в размере ста месячных расчетных показателей.

6. Исключен Законом РК от 26.07.2016 № 12-VІ (вводится в действие по истечении тридцати календарных дней после дня его первого официального опубликования).

7. Несоблюдение банками, филиалами банков – нерезидентов Республики Казахстан, организациями, осуществляющими отдельные виды банковских операций, платежными организациями установленных Законом Республики Казахстан "О платежах и платежных системах" требований при оказании платежных услуг через платежных агентов и (или) платежных субагентов –

влечет штраф на юридических лиц, филиалы банков – нерезидентов Республики Казахстан в размере пятидесяти месячных расчетных показателей.

8. Действие (бездействие), предусмотренное частью седьмой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на юридических лиц, филиалы банков – нерезидентов Республики Казахстан в размере ста месячных расчетных показателей.

Примечания.

1. Требования настоящей статьи не распространяются на действия (бездействие), ответственность за которые предусмотрена частью восьмой статьи 91, частью четвертой статьи 92, частью третьей статьи 92-1 и статьей 285 настоящего Кодекса.

2. Для целей части первой настоящей статьи не подлежат привлечению к административной ответственности банки, филиалы банков – нерезидентов Республики Казахстан, организации, осуществляющие отдельные виды банковских операций, лишенные разрешения, выданного уполномоченным органом по регулированию, контролю и надзору финансового рынка и финансовых организаций, и (или) у которых на дату, в которую подлежало исполнению указание по платежу и (или) переводу денег в соответствии со сроками, установленными Законом Республики Казахстан "О платежах и платежных системах", имелись по корреспондентскому счету, открытому в Национальном Банке Республики Казахстан, неисполненные требования или ограничения распоряжения деньгами, препятствующие проведению расходных операций.

Сноска. Статья 220 с изменениями, внесенными законами РК от 24.11.2015 № 422-V (вводится в действие с 16.12.2020); от 26.07.2016 № 12-VІ (вводятся в действие по истечении тридцати календарных дней после дня его первого официального опубликования); от 16.11.2015 № 406-V (вводится в действие с 01.07.2017); от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования); от 03.07.2019 № 262-VІ (порядок введения в действие см. ст. 2).

Статья 221. Выпуск дружеских, бронзовых и финансовых векселей на территории Республики Казахстан

Выпуск дружеских, бронзовых и финансовых векселей на территории Республики Казахстан –

влечет штраф на физических лиц в размере сорока, на субъектов малого предпринимательства – в размере ста двадцати, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

Статья 222. Нарушение требований выпуска, использования и погашения электронных денег

1. Выпуск эмитентом электронных денег на сумму, не соответствующую сумме принятых на себя обязательств, –

влечет предупреждение.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов среднего предпринимательства в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

3. Выпуск эмитентом электронных денег на сумму, превышающую пятьдесят месячных расчетных показателей, без идентификации владельца электронных денег, а также допущение эмитентом использования электронных денег в системе электронных денег при совершении операций на сумму, которая превышает установленные ограничения по максимальной сумме одной операции, сумме хранения электронных денег на электронном кошельке и общей сумме использованных электронных денег посредством электронного кошелька, установленным Законом Республики Казахстан "О платежах и платежных системах",–

влекут предупреждение.

4. Действия, предусмотренные частью третьей настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на субъектов среднего предпринимательства в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

5. Непогашение, несвоевременное и неполное погашение эмитентом электронных денег, полученных индивидуальным предпринимателем или юридическим лицом от физических лиц при оплате по гражданско-правовым сделкам, –

влечет предупреждение.

6. Действия, предусмотренные частью пятой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере ста месячных расчетных показателей.

Сноска. Статья 222 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.07.2020 № 359-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 223. Нарушения, связанные с неправомерным приобретением прямо или косвенно десяти или более процентов акций финансовой организации без получения письменного согласия уполномоченного органа по регулированию, контролю и надзору финансового рынка и финансовых организаций

Сноска. Заголовок статьи 223 с изменением, внесенным Законом РК от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020).

Приобретение лицом прямо или косвенно акций финансовой организации в размере десяти или более процентов от размещенных (за вычетом привилегированных и выкупленных) акций финансовой организации, а также контроля или возможности оказывать влияние на принимаемые финансовой организацией решения в размере десяти или более процентов от размещенных (за вычетом привилегированных и выкупленных) акций финансовой организации без письменного согласия уполномоченного органа по регулированию, контролю и надзору финансового рынка и финансовых организаций –

влечет штраф на физических лиц в размере двухсот, на юридических лиц – в размере одной тысячи месячных расчетных показателей.

Примечание. Под финансовыми организациями в настоящей статье следует понимать банк, страховую (перестраховочную) организацию, управляющего инвестиционным портфелем.

Сноска. Статья 223 с изменением, внесенным Законом РК от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020).

Статья 224. Нарушения, связанные с неправомерным приобретением долей участия в уставных капиталах юридических лиц или акций банками, страховыми (перестраховочными) организациями, банковскими холдингами, страховыми холдингами

1. Приобретение долей участия в уставных капиталах юридических лиц или акций банками, страховыми (перестраховочными) организациями в нарушение требований законодательных актов Республики Казахстан, за исключением деяний, предусмотренных частью третьей настоящей статьи, –

влечет штраф на юридических лиц в размере двух тысяч месячных расчетных показателей.

2. Приобретение долей участия в уставных капиталах юридических лиц или акций банковскими холдингами, страховыми холдингами в нарушение требований законодательных актов Республики Казахстан, за исключением деяний, предусмотренных частью третьей настоящей статьи, –

влечет штраф на юридических лиц в размере двух тысяч месячных расчетных показателей.

3. Создание либо приобретение банком, страховой (перестраховочной) организацией, банковским холдингом, страховым холдингом дочерней организации без предварительного разрешения уполномоченного органа по регулированию, контролю и надзору финансового рынка и финансовых организаций –

влечет штраф на юридических лиц в размере двух тысяч месячных расчетных показателей.

Сноска. Статья 224 с изменением, внесенным Законом РК от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020).

Статья 225. Нецелевое использование пенсионных активов

1. Нарушение управляющим инвестиционным портфелем, а также членами инвестиционного комитета условий и порядка инвестирования пенсионных активов, установленных законодательством Республики Казахстан, –

влечет штраф на физическое лицо в размере двухсот, на юридических лиц в размере восьмисот месячных расчетных показателей.

2. Неосуществление банком-кастодианом контроля за целевым размещением пенсионных активов добровольного накопительного пенсионного фонда –

влечет штраф на юридических лиц в размере двухсот месячных расчетных показателей.

Примечание. Для целей части второй настоящей статьи под банком-кастодианом понимается банк второго уровня.

Сноска. Статья 225 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 226. Нарушение требований, связанных с ликвидацией банков, страховых (перестраховочных)организаций

1. Уклонение председателя либо руководителя подразделения ликвидационной комиссии от проведения проверки уполномоченным органом по регулированию, контролю и надзору финансового рынка и финансовых организаций деятельности ликвидационной комиссии либо препятствование ее проведению –

влечет штраф в размере двадцати пяти месячных расчетных показателей.

2. Неоднократное (два и более раза в течение шести последовательных календарных месяцев) предоставление недостоверных отчетности и информации, установленной банковским законодательством Республики Казахстан, законодательством Республики Казахстан о страховании и страховой деятельности, несвоевременное предоставление, непредоставление отчетности и дополнительной информации, установленной банковским законодательством Республики Казахстан, законодательством Республики Казахстан о страховании и страховой деятельности, председателем, руководителем подразделения ликвидационной комиссии уполномоченному органу по регулированию, контролю и надзору финансового рынка и финансовых организаций –

влекут штраф в размере пятидесяти месячных расчетных показателей.

Сноска. Статья 226 с изменениями, внесенными Законом РК от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020).

Статья 227. Невыполнение, несвоевременное выполнение обязанностей, принятых и (или) возложенных посредством применения мер надзорного реагирования, ограниченных мер воздействия

1. Невыполнение, несвоевременное выполнение банками, филиалами банков-нерезидентов Республики Казахстан, крупными участниками банков, банковскими холдингами, организациями, входящими в состав банковского конгломерата, Банком Развития Казахстана, организациями, осуществляющими отдельные виды банковских операций, обязанностей, принятых ими и (или) возложенных на них посредством применения меры надзорного реагирования в форме письменного предписания и (или) письменного соглашения, –

влекут штраф на физических лиц в размере пятидесяти, на субъектов малого предпринимательства – в размере двухсот пятидесяти, на субъектов среднего предпринимательства – в размере трехсот пятидесяти, на субъектов крупного предпринимательства, филиалы банка-нерезидента Республики Казахстан – в размере четырехсот пятидесяти месячных расчетных показателей.

2. Невыполнение, несвоевременное выполнение страховыми (перестраховочными) организациями, филиалами страховых (перестраховочных) организаций – нерезидентов Республики Казахстан, филиалами страховых брокеров – нерезидентов Республики Казахстан, страховыми брокерами, страховыми холдингами, крупными участниками страховой (перестраховочной) организации, юридическими лицами, входящими в состав страховой группы, организацией, гарантирующей осуществление страховых выплат, актуарием, имеющим лицензию на осуществление актуарной деятельности на страховом рынке, профессиональными участниками рынка ценных бумаг, крупными участниками управляющего инвестиционным портфелем обязанностей, принятых ими и (или) возложенных на них посредством применения меры надзорного реагирования в форме письменного предписания и (или) письменного соглашения, –

влекут штраф на физических лиц в размере пятидесяти, на субъектов малого предпринимательства или некоммерческую организацию – в размере ста двадцати, на субъектов среднего предпринимательства – в размере ста девяноста, на субъектов крупного предпринимательства, филиалы страховых (перестраховочных) организаций – нерезидентов Республики Казахстан, филиалы страховых брокеров-нерезидентов Республики Казахстан – в размере двухсот пятидесяти месячных расчетных показателей.

3. Невыполнение, несвоевременное выполнение эмитентами, единым накопительным пенсионным фондом, добровольными накопительными пенсионными фондами, организациями, осуществляющими микрофинансовую деятельность, операторами платежных систем, операционными центрами платежных систем и поставщиками платежных услуг обязанностей, принятых ими и (или) возложенных на них посредством применения ограниченных мер воздействия, –

влекут штраф на субъектов малого предпринимательства или некоммерческие организации – в размере ста двадцати, на субъектов среднего предпринимательства – в размере ста девяноста, на субъектов крупного предпринимательства – в размере двухсот пятидесяти месячных расчетных показателей.

4. Невыполнение председателем ликвидационной комиссии банка, страховой (перестраховочной) организации в срок, установленный уполномоченным органом по регулированию, контролю и надзору финансового рынка и финансовых организаций, письменного предписания об устранении нарушений законодательства Республики Казахстан –

влечет штраф на физических лиц в размере сорока месячных расчетных показателей.

5. Невыполнение, несвоевременное выполнение коллекторским агентством обязанностей, принятых им и (или) возложенных на него посредством применения ограниченных мер воздействия, –

влекут штраф в размере ста пятидесяти месячных расчетных показателей.

Примечание. Для целей части третьей настоящей статьи под операторами платежных систем, операционными центрами платежных систем и поставщиками платежных услуг понимаются операторы платежных систем, операционные центры платежных систем и поставщики платежных услуг, не являющиеся банками, филиалами банков – нерезидентов Республики Казахстан и организациями, осуществляющими отдельные виды банковских операций.

Сноска. Статья 227 в редакции Закона РК от 02.07.2018 № 168-VІ (вводится в действие с 01.01.2019); с изменениями, внесенными законами РК от 24.11.2015 № 422-V (вводится в действие с 16.12.2020); от 03.07.2019 № 262-VІ (порядок введения в действие см. ст. 2).

Статья 228. Нарушение требований, установленных законодательством Республики Казахстан о страховании и страховой деятельности

1. Исключен Законом РК от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования).
2. Исключен Законом РК от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования).
3. Исключен Законом РК от 28.10.2019 № 268-VI (вводится в действие с 06.01.2020).
4. Исключен Законом РК от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования).

5. Неоднократное (два и более раза в течение двенадцати последовательных календарных месяцев) нарушение страховой (перестраховочной) организацией, филиалом страховой (перестраховочной) организации – нерезидента Республики Казахстан, родительской организацией страховой группы одних и тех же пруденциальных нормативов и (или) иных обязательных к соблюдению норм и лимитов, установленных уполномоченным органом по регулированию, контролю и надзору финансового рынка и финансовых организаций, –

влечет штраф на юридических лиц, филиалы страховой организации – нерезидента Республики Казахстан в размере трехсот месячных расчетных показателей.

6. Исключен Законом РК от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования).
7. Исключен Законом РК от 28.10.2019 № 268-VI (вводится в действие с 06.01.2020).
8. Исключен Законом РК от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования).

9. Несвоевременное извещение страховой организацией, филиалом страховой организации – нерезидента Республики Казахстан в установленном законодательством Республики Казахстан порядке страхователей об изменении места нахождения своего постоянно действующего органа, обособленного подразделения или изменении наименования –

влечет штраф на юридических лиц, филиалы страховой (перестраховочной) организации – нерезидента Республики Казахстан в размере пятидесяти месячных расчетных показателей.

10. Нарушение страховой (перестраховочной) организацией, филиалом страховой (перестраховочной) организации – нерезидента Республики Казахстан, страховым брокером установленных законодательством Республики Казахстан о страховании и страховой деятельности условий по надлежащему документированию, учету и хранению документов, связанных с их деятельностью, –

влечет штраф на юридических лиц, филиалы страховой (перестраховочной) организации – нерезидента Республики Казахстан в размере пятидесяти месячных расчетных показателей.

11. Исключен Законом РК от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования).

12. Составление страховой (перестраховочной) организацией, филиалом страховой (перестраховочной) организации-нерезидента Республики Казахстан отчетности, приведшей к искажению сведений о соблюдении пруденциальных нормативов и (или) иных обязательных к соблюдению норм и лимитов, установленных уполномоченным органом по регулированию, контролю и надзору финансового рынка и финансовых организаций, –

влечет штраф на юридических лиц, филиалы страховых (перестраховочных) организаций-нерезидентов Республики Казахстан в размере двухсот месячных расчетных показателей.

13. Исключен Законом РК от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования).
14. Исключен Законом РК от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования).
15. Исключен Законом РК от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования).

16. Неуплата, несвоевременная уплата либо уплата обязательных или чрезвычайных взносов в неполном объеме в Фонд гарантирования страховых выплат –

влекут штраф на юридических лиц в размере двухсот пятидесяти месячных расчетных показателей.

17. Нарушение страховой (перестраховочной) организацией, филиалом страховой (перестраховочной) организации – нерезидента Республики Казахстан, страховым брокером требования об обязательности опубликования финансовой отчетности и иных сведений в масс-медиа в соответствии с законами Республики Казахстан –

влечет штраф на юридических лиц, филиалы страховой (перестраховочной) организации – нерезидента Республики Казахстан в размере пятидесяти месячных расчетных показателей.

18. Исключен Законом РК от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования).

19. Нарушение страховой организацией требования об обязательности заключения договоров о предоставлении информации и получении страховых отчетов с организацией по формированию и ведению базы данных по страхованию с государственным участием и регистрации в данной организации –

влечет штраф на юридических лиц в размере ста месячных расчетных показателей.

20. Действовал до 01.01.2018 в соответствии с Законом РК от 24.11.2015 № 422-V.

Примечание. Для целей части двенадцатой настоящей статьи административная ответственность наступает в случае, когда в результате корректировки искаженных сведений выявлено нарушение страховой (перестраховочной) организацией, филиалом страховой (перестраховочной) организации – нерезидента Республики Казахстан пруденциальных нормативов и (или) иных обязательных к соблюдению норм и лимитов, установленных уполномоченным органом по регулированию, контролю и надзору финансового рынка и финансовых организаций.

Сноска. Статья 228 с изменениями, внесенными законами РК от 24.11.2015 № 422-V (порядок введения в действие см. ст. 2); от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования); от 03.07.2019 № 262-VІ (порядок введения в действие см. ст. 2); от 28.10.2019 № 268-VI (вводится в действие с 06.01.2020); от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 229. Нарушение страховой организацией, филиалом страховой (перестраховочной) организации-нерезидента Республики Казахстан требований, связанных с осуществлением страховой выплаты

Сноска. Заголовок статьи 229 в редакции Закона РК от 24.11.2015 № 422-V (вводится в действие с 16.12.2020).

1. Неосуществление, а равно несвоевременное осуществление страховой выплаты либо осуществление страховой выплаты не в полном объеме –

влекут штраф на юридических лиц, филиал страховой (перестраховочной) организации-нерезидента Республики Казахстан в размере ста месячных расчетных показателей.

2. Утеря документов, представленных клиентом для осуществления страховой выплаты, –

влечет штраф на юридических лиц, филиал страховой (перестраховочной) организации-нерезидента Республики Казахстан в размере пятидесяти месячных расчетных показателей.

Сноска. Статья 229 с изменениями, внесенными законами РК от 24.11.2015 № 422-V (вводится в действие с 16.12.2020); от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования).

Статья 230. Нарушение законодательства Республики Казахстан об обязательном страховании

1. Уклонение страховой организации от заключения договора обязательного страхования, предусмотренного законодательными актами Республики Казахстан, –

влечет штраф на юридическое лицо в размере трехсот месячных расчетных показателей.

2. Незаключение договора обязательного страхования лицом, обязанным в соответствии с законодательным актом Республики Казахстан об обязательном страховании заключить договор обязательного страхования, –

влечет штраф на физических лиц в размере десяти, на должностных лиц, частных нотариусов, частных судебных исполнителей, субъектов малого предпринимательства или некоммерческие организации – в размере ста шестидесяти, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

3. Нарушение страховой (перестраховочной) организацией требований законодательных актов Республики Казахстан, выразившееся в неисполнении или ненадлежащем исполнении требований по предоставлению информации в базу данных по страхованию, –

влечет штраф на юридическое лицо в размере трехсот месячных расчетных показателей.

4. Заключение страховой (перестраховочной) организацией договора обязательного страхования на условиях, не соответствующих требованиям законодательства Республики Казахстан, выразившееся в установлении размеров страховых сумм иных, чем определено законами Республики Казахстан об обязательных видах страхования, –

влечет штраф на юридических лиц в размере ста процентов от суммы страховых премий по договорам страхования, но не более одной тысячи месячных расчетных показателей.

5. Заключение страховой (перестраховочной) организацией договора обязательного страхования на условиях, не соответствующих требованиям законодательства Республики Казахстан, выразившееся в установлении размеров страховых премий иных, чем определено законами Республики Казахстан об обязательных видах страхования, а равно неправильное (необоснованное) применение коэффициентов при расчете страховой премии –

влекут штраф на юридических лиц в размере ста процентов от суммы страховых премий по договорам страхования, но не более одной тысячи месячных расчетных показателей.

6. Заключение страховой (перестраховочной) организацией договора обязательного страхования на условиях, не соответствующих требованиям законодательства Республики Казахстан, выразившееся в страховании объектов по обязательным видам страхования, не подлежащих страхованию, –

влечет штраф на юридических лиц в размере ста процентов от суммы страховых премий по договорам страхования, но не более одной тысячи месячных расчетных показателей.

7. Исключен Законом РК от 02.04.2019 № 241-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).
Сноска. Статья 230 с изменениями, внесенными законами РК от 27.04.2015 № 311-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.07.2018 № 166-VI (вводится в действие с 01.01.2019); от 02.04.2019 № 241-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 231. Нарушение установленных законодательством Республики Казахстан сроков согласования руководящих работников финансовых организаций, филиалов банков-нерезидентов Республики Казахстан, филиалов страховых (перестраховочных) организаций-нерезидентов Республики Казахстан, филиалов страховых брокеров-нерезидентов Республики Казахстан, банковских и страховых холдингов, Фонда гарантирования страховых выплат

Сноска. Заголовок статьи 231 в редакции Закона РК от 24.11.2015 № 422-V (вводится в действие с 16.12.2020).

1. Нарушение финансовой организацией, филиалом банка-нерезидента Республики Казахстан, филиалом страховой (перестраховочной) организации-нерезидента Республики Казахстан, филиалом страхового брокера-нерезидента Республики Казахстан, банковским и страховым холдингом, Фондом гарантирования страховых выплат сроков согласования руководящего работника финансовой организации, филиала банка-нерезидента Республики Казахстан, филиала страховой (перестраховочной) организации-нерезидента Республики Казахстан, филиала страхового брокера-нерезидента Республики Казахстан, банковского и страхового холдинга, Фонда гарантирования страховых выплат –

влечет штраф на юридических лиц, филиалы банков-нерезидентов Республики Казахстан, филиалы страховых (перестраховочных) организаций-нерезидентов Республики Казахстан, филиалы страховых брокеров-нерезидентов Республики Казахстан в размере девяноста месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на юридических лиц, филиалы банков-нерезидентов Республики Казахстан, филиалы страховых (перестраховочных) организаций-нерезидентов Республики Казахстан, филиалы страховых брокеров-нерезидентов Республики Казахстан в размере двухсот месячных расчетных показателей.

Сноска. Статья 231 с изменениями, внесенными Законом РК от 24.11.2015 № 422-V (вводится в действие с 16.12.2020).

Статья 232. Невыполнение обязанности по уведомлению, а равно несвоевременное уведомление уполномоченного органа по регулированию, контролю и надзору финансового рынка и финансовых организаций об открытии или прекращении деятельности филиалов и (или) представительств финансовых организаций

Сноска. Заголовок статьи 232 с изменением, внесенным Законом РК от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020).

Невыполнение обязанности по уведомлению, а равно несвоевременное уведомление уполномоченного органа по регулированию, контролю и надзору финансового рынка и финансовых организаций об открытии или прекращении деятельности филиалов и (или) представительств финансовых организаций –

влекут штраф на юридических лиц в размере ста месячных расчетных показателей.

Сноска. Статья 232 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными Законом РК от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020).

Статья 233. Получение либо использование кредита, займа с нарушением законодательства Республики Казахстан, неосвоение средств государственного внешнего займа в срок, установленный договором займа

Сноска. Заголовок статьи 233 - в редакции Закона РК от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

1. Получение индивидуальным предпринимателем или организацией кредита либо льготных условий кредитования путем представления банку или организации, осуществляющим отдельные виды банковских операций, заведомо ложных сведений о хозяйственном положении, финансовом состоянии или залоговом имуществе индивидуального предпринимателя или организации или об иных обстоятельствах, имеющих существенное значение для получения кредита, льготных условий кредитования, а равно несообщение банку или иному кредитору информации о возникновении обстоятельств, могущих повлечь прекращение кредитования, отмену льгот либо ограничение размеров выделенного кредита, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф в размере пятидесяти месячных расчетных показателей.

2. Использование бюджетного кредита не по целевому назначению, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф в размере ста месячных расчетных показателей.

3. Использование средств гарантированных государством займов и займа, привлекаемого под поручительство государства, на цели, не предусмотренные условиями займа и не предусмотренные договором поручительства, а также на кредитование государственных органов –

влечет штраф на первых руководителей соответствующего юридического лица – заемщика по займу, имеющего государственную гарантию, их заместителей либо лиц, их заменяющих, на которых соответствующими приказами возложено исполнение обязанностей, в размере ста месячных расчетных показателей.

4. Неосвоение средств государственного внешнего займа в срок, установленный договором займа, –

влечет штраф на должностных лиц в размере ста месячных расчетных показателей.

Примечание. Для целей части четвертой настоящей статьи под должностным лицом следует понимать первого руководителя администратора бюджетной программы, ответственного за реализацию бюджетного инвестиционного проекта или институционального проекта, финансируемого за счет займов.

Сноска. Статья 233 с изменениями, внесенными законами РК от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 05.07.2024 № 114-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 234. Несвоевременное, неполное зачисление поступлений в республиканский и местные бюджеты

1. Несвоевременное, неполное зачисление средств, поступающих в республиканский и местные бюджеты, –

влечет штраф на должностных лиц в размере ста месячных расчетных показателей.

2. Несвоевременное, неполное зачисление средств, перечисляемых на счета получателей бюджетных средств в соответствующих банках или организациях, осуществляющих отдельные виды банковских операций, –

влечет штраф на должностных лиц в размере семидесяти месячных расчетных показателей.

Статья 234-1. Неэффективное планирование и (или) неэффективное использование бюджетных средств

Неэффективное планирование и (или) неэффективное использование бюджетных средств, выраженное в:

превышении утвержденных натуральных норм;

отсутствии предусмотренных бюджетным законодательством Республики Казахстан документов (технико-экономическое обоснование, финансово-экономическое обоснование, проектно-сметная документация) и (или) решений (заключений) по ним органов и (или) организаций, уполномоченных законодательством Республики Казахстан представлять такие решения (заключения);

расходовании бюджетных средств на содержание объектов, не числящихся на балансе соответствующего администратора бюджетных программ, если иное не предусмотрено законодательством Республики Казахстан;

расходовании бюджетных средств на содержание объектов, не введенных в установленном законодательством Республики Казахстан порядке в эксплуатацию, если иное не предусмотрено законодательством Республики Казахстан, –

влекут штраф на должностных лиц в размере ста месячных расчетных показателей.

Примечание.

Для целей настоящей статьи под должностными лицами следует понимать первого руководителя центрального государственного органа – администратора бюджетных программ, первого руководителя местного исполнительного органа – администратора бюджетных программ, руководителя бюджетной программы, первого руководителя субъекта квазигосударственного сектора.

Сноска. Глава 15 дополнена статьей 234-1 в соответствии с Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными Законом РК от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 235. Нарушение правил ведения бюджетного учета, составления и представления отчетности

Нарушение правил ведения бюджетного учета, составления и представления отчетности –

влечет штраф на должностных лиц в размере двухсот месячных расчетных показателей.

Статья 236. Нарушение условий и процедур предоставления бюджетных кредитов, государственных гарантий и поручительств государства

Нарушение условий и процедур предоставления бюджетных кредитов, государственных гарантий и поручительств государства –

влечет штраф на должностных лиц в размере четырехсот месячных расчетных показателей.

Статья 237. Нарушение правил возмещения затрат

1. Нарушение администраторами бюджетных программ правил возмещения затрат по оказанию гарантированного объема бесплатной медицинской помощи –

влечет штраф на должностных лиц в размере пятидесяти месячных расчетных показателей.

2. То же деяние, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц в размере ста месячных расчетных показателей.

Статья 238. Нарушение законодательства Республики Казахстан о бухгалтерском учете и финансовой отчетности физическими и должностными лицами

1. Неисполнение и (или) ненадлежащее исполнение физическими и должностными лицами обязанностей, предусмотренных законодательством Республики Казахстан о бухгалтерском учете и финансовой отчетности, совершенное в виде:

1) уклонения от ведения бухгалтерского учета;

2) составления искаженной финансовой отчетности, сокрытия данных, подлежащих отражению в бухгалтерском учете, внесения в бухгалтерскую документацию заведомо ложной информации о хозяйственной и финансовой деятельности организации, а равно уничтожения бухгалтерской документации;

3) назначения на должность главного бухгалтера публичной организации лица, не имеющего сертификата профессионального бухгалтера, –

влекут штраф в размере ста месячных расчетных показателей.

2. Деяния, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере двухсот месячных расчетных показателей.

Примечания.

1. Должностное лицо не подлежит привлечению к административной ответственности, предусмотренной настоящей статьей, в случае самостоятельного устранения нарушений, выявленных по результатам камерального контроля, в течение десяти рабочих дней со дня, следующего за днем вручения проверяемому лицу уведомления об устранении нарушений, выявленных по результатам камерального контроля.

2. Искажением финансовой отчетности для целей настоящей статьи признается искажение на сумму более двадцати месячных расчетных показателей.

Сноска. Статья 238 с изменениями, внесенными законами РК от 12.11.2015 № 393-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 05.07.2024 № 114-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 239. Нарушение законодательства Республики Казахстан о бухгалтерском учете и финансовой отчетности

Сноска. Заголовок статьи 239 с изменением, внесенным Законом РК от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020).

1. Нарушение законодательства Республики Казахстан о бухгалтерском учете и финансовой отчетности юридическим лицом, совершенное в виде:

1) уклонения от ведения бухгалтерского учета;

2) представления заведомо недостоверной финансовой отчетности, отказа от представления финансовой отчетности, представления с нарушением установленного срока либо непредставления ее без уважительной причины учредителям (участникам) организаций в соответствии с учредительными документами, уполномоченному органу в области государственной статистики по месту регистрации, органам государственного контроля и надзора в соответствии с их компетенцией, в депозитарий финансовой отчетности;

3) составления искаженной финансовой отчетности, сокрытия данных, подлежащих отражению в бухгалтерском учете, а равно уничтожения бухгалтерской документации;

4) подписания финансовой отчетности главным бухгалтером организации публичного интереса, не являющимся профессиональным бухгалтером, –

влечет штраф на субъектов малого предпринимательства или некоммерческие организации в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства или некоммерческие организации в размере двухсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

3. Проведение операций без соответствующего отражения их результатов в бухгалтерском учете финансовыми организациями, филиалами банков – нерезидентов Республики Казахстан, филиалами страховых (перестраховочных) организаций – нерезидентов Республики Казахстан, филиалами страховых брокеров – нерезидентов Республики Казахстан, организациями, осуществляющими микрофинансовую деятельность, –

влечет штраф в размере двадцати процентов от суммы, которая не была учтена, но не менее ста и не более четырех тысяч месячных расчетных показателей.

4. Ведение бухгалтерского учета финансовыми организациями, организациями, осуществляющими микрофинансовую деятельность, филиалами банков – нерезидентов Республики Казахстан, филиалами страховых (перестраховочных) организаций – нерезидентов Республики Казахстан, филиалами страховых брокеров – нерезидентов Республики Казахстан в нарушение требований, установленных законодательством Республики Казахстан о бухгалтерском учете и финансовой отчетности, и методов (принципов) бухгалтерского учета, приведшее к искажению финансовой отчетности финансовых организаций, организаций, осуществляющих микрофинансовую деятельность, и отчетности филиалов банков – нерезидентов Республики Казахстан, филиалов страховых (перестраховочных) организаций – нерезидентов Республики Казахстан, филиалов страховых брокеров – нерезидентов Республики Казахстан по данным бухгалтерского учета, –

влечет штраф в размере до пяти процентов от суммы, которая была учтена ненадлежащим образом, но не менее ста и не более четырех тысяч месячных расчетных показателей.

5. Непредставление, несвоевременное представление отчетности о своей деятельности в уполномоченный орган аккредитованными профессиональными организациями бухгалтеров и (или) организациями по профессиональной сертификации бухгалтеров в установленном законодательством Республики Казахстан порядке –

влекут штраф на юридические лица в размере ста пятидесяти месячных расчетных показателей.

Примечание. Искажением финансовой отчетности, отчетности по данным бухгалтерского учета для целей частей первой, второй и четвертой настоящей статьи признается искажение на сумму более ста месячных расчетных показателей.

Сноска. Статья 239 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования); от 03.07.2019 № 262-VІ (порядок введения в действие см. ст. 2); от 05.07.2024 № 114-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 239-1. Нарушение порядка проведения экзаменов организациями по профессиональной сертификации бухгалтеров

1. Проведение аккредитованными организациями по профессиональной сертификации бухгалтеров экзаменов по экзаменационным модулям, не соответствующим требованиям законодательства Республики Казахстан о бухгалтерском учете и финансовой отчетности, –

влечет штраф в размере семидесяти пяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет лишение свидетельства об аккредитации.

Сноска. Глава 15 дополнена статьей 239-1 в соответствии с Законом РК от 12.11.2015 № 393-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 240. Разглашение тайны бухгалтерской информации

Разглашение бухгалтерской информации, составляющей коммерческую тайну, лицами, имеющими доступ к ней, не причинившее крупного ущерба,

– влечет штраф в размере ста пятидесяти месячных расчетных показателей.

Статья 241. Нарушение правил аккредитации, установленных законодательством Республики Казахстан о бухгалтерском учете и финансовой отчетности

1. Нарушение правил аккредитации, установленных законодательством Республики Казахстан о бухгалтерском учете и финансовой отчетности, –

влечет предупреждение на юридическое лицо.

2. Действие, предусмотренное настоящей статьей, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на юридическое лицо в размере двухсот месячных расчетных показателей.

Сноска. Статья 241 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 242. Невыполнение управляющим инвестиционным портфелем пруденциальных нормативов и (или)иных обязательных к соблюдению норм и лимитов

Сноска. Статья 242 исключена Законом РК от 02.07.2018 № 166-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 243. Нарушение филиалами (представительствами) иностранных нефинансовых организаций порядка представления отчетов для целей мониторинга валютных операций

1. Нарушение филиалом (представительством) иностранной нефинансовой организации предусмотренного нормативным правовым актом Национального Банка Республики Казахстан срока представления отчета об операциях с резидентами Республики Казахстан и нерезидентами Республики Казахстан –

влечет предупреждение.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере десяти месячных расчетных показателей.

3. Представление филиалом (представительством) иностранной нефинансовой организации неполного и (или) недостоверного отчета об операциях с резидентами Республики Казахстан и нерезидентами Республики Казахстан, предусмотренного нормативным правовым актом Национального Банка Республики Казахстан, –

влечет предупреждение.

4. Действие, предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере десяти месячных расчетных показателей.

Сноска. Статья 243 - в редакции Закона РК от 02.07.2018 № 168-VІ (вводится в действие с 01.07.2019).

Статья 244. Нарушение порядка получения учетного номера для валютного договора или счета в иностранном банке и представления по ним информации, документов и отчетов

1. Нарушение физическим лицом, индивидуальным предпринимателем или юридическим лицом предусмотренного нормативным правовым актом Национального Банка Республики Казахстан срока обращения за присвоением валютному договору или счету в иностранном банке учетного номера –

влечет предупреждение.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства, некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

3. Нарушение индивидуальным предпринимателем или юридическим лицом предусмотренного совместным нормативным правовым актом Национального Банка Республики Казахстан и уполномоченного органа, осуществляющего руководство в сфере обеспечения поступлений налогов и других обязательных платежей в бюджет, срока предоставления информации и (или) документов, подтверждающих возникновение, исполнение и прекращение обязательств и (или) обстоятельств, которые влияют на сроки и (или) условия репатриации национальной и (или) иностранной валюты, –

влечет предупреждение.

4. Деяние, предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере двадцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

5. Нарушение физическим лицом, индивидуальным предпринимателем или юридическим лицом предусмотренного нормативным правовым актом Национального Банка Республики Казахстан срока представления отчета по валютному договору, на основании и (или) во исполнение которого проводятся операции движения капитала, или счету в иностранном банке с учетным номером –

влечет предупреждение.

6. Деяние, предусмотренное частью пятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере пяти, на субъектов малого предпринимательства – в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере сорока месячных расчетных показателей.

7. Представление физическим лицом, индивидуальным предпринимателем или юридическим лицом неполного и (или) недостоверного отчета по валютному договору, на основании и (или) во исполнение которого проводятся операции движения капитала, или счету в иностранном банке с учетным номером, предусмотренного нормативным правовым актом Национального Банка Республики Казахстан, –

влечет предупреждение.

8. Действие, предусмотренное частью седьмой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере пяти, на субъектов малого предпринимательства – в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере сорока месячных расчетных показателей.

Сноска. Статья 244 в редакции Закона РК от 02.07.2018 № 168-VІ (вводится в действие с 01.07.2019); с изменением, внесенным Законом от 12.07.2023 № 24-VIII (вводится в действие c 01.01.2024).

Статья 245. Сокрытие аудитором факта нарушения законодательства Республики Казахстан о бухгалтерском учете и финансовой отчетности от заказчиков проведения аудита

Сокрытие аудитором от заказчиков проведения аудита факта нарушения законодательства Республики Казахстан о бухгалтерском учете и финансовой отчетности, выявленного при проведении проверки, –

влечет штраф в размере пятидесяти месячных расчетных показателей с лишением квалификационного свидетельства "аудитор".

Сноска. Статья 245 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 246. Составление аудитором и аудиторской организацией недостоверного аудиторского отчета, а также недостоверного аудиторского заключения по налогам

Сноска. Заголовок статьи 246 в редакции Закона РК от 29.12.2014 № 269-V (вводится в действие с 01.01.2015).

1. Составление аудитором и аудиторской организацией недостоверного аудиторского отчета, за исключением случая, предусмотренного статьей 249 настоящего Кодекса, –

влечет штраф на аудиторов в размере восьмидесяти, на аудиторскую организацию – в размере ста восьмидесяти месячных расчетных показателей, с приостановлением действия лицензии на осуществление аудиторской деятельности либо без таковой.

2. Составление аудитором и аудиторской организацией заведомо недостоверного аудиторского отчета –

влечет штраф на аудиторов в размере ста десяти месячных расчетных показателей с лишением квалификационного свидетельства, на аудиторские организации – в размере двухсот двадцати месячных расчетных показателей с приостановлением действия лицензии на осуществление аудиторской деятельности.

3. Действия, предусмотренные частями первой или второй настоящей статьи, совершенные повторно аудитором в течение года после наложения административного взыскания, –

влекут лишение квалификационного свидетельства.

4. Действия, предусмотренные частями первой или второй настоящей статьи, совершенные повторно аудиторской организацией в течение года после наложения административного взыскания, –

влекут лишение лицензии на осуществление аудиторской деятельности.

5. Составление аудиторской организацией недостоверного аудиторского заключения по налогам –

влечет штраф на аудиторскую организацию в размере двухсот процентов от суммы договора на проведение аудита по налогам, но не менее пятисот месячных расчетных показателей.

6. Действие, предусмотренное частью пятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на аудиторскую организацию в размере двухсот пятидесяти процентов от суммы договора на проведение аудита по налогам, но не менее шестисот месячных расчетных показателей.

Сноска. Статья 246 с изменениями, внесенными законами РК от 29.12.2014 № 269-V (вводится в действие с 01.01.2015); от 25.12.2017 № 122-VI (вводится в действие с 01.01.2018); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 246-1. Нарушение аудиторской организацией порядка проведения аудита по налогам, аудита специального назначения субъектов квазигосударственного сектора

Нарушение аудиторской организацией порядка проведения аудита по налогам, аудита специального назначения субъектов квазигосударственного сектора, за исключением нарушений, влекущих признание аудиторского заключения по налогам недостоверным, –

влечет штраф на аудиторскую организацию в размере ста пятидесяти месячных расчетных показателей.

Примечания.

1. Под нарушением порядка проведения аудита по налогам в настоящей статье понимается несоблюдение аудиторской организацией обязанностей, установленных порядком проведения аудиторской организацией аудита по налогам, определяемым уполномоченным государственным органом, осуществляющим регулирование в области аудиторской деятельности.

2. Под нарушением порядка проведения аудита специального назначения субъектов квазигосударственного сектора в настоящей статье понимается несоблюдение аудиторской организацией обязанностей, установленных порядком проведения аудита специального назначения субъектов квазигосударственного сектора и представления аудиторского заключения по аудиту специального назначения субъектов квазигосударственного сектора, определяемым Высшей аудиторской палатой Республики Казахстан по согласованию с уполномоченными органами по внутреннему государственному аудиту, по управлению государственным имуществом и центральным уполномоченным органом по государственному планированию.

Сноска. Главу 15 дополнена статьей 246-1 в соответствии с Законом РК от 29.12.2014 № 269-V (вводится в действие с 01.01.2015); в редакции Закона РК от 12.11.2015 № 393-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 05.11.2022 № 158-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 247. Нарушение законодательства Республики Казахстан об аудиторской деятельности

1. Осуществление аудиторской организацией видов деятельности, не предусмотренных законодательством Республики Казахстан об аудиторской деятельности, –

влечет предупреждение.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере восьмидесяти месячных расчетных показателей.

3. Проведение аудита в запрещенных Законом Республики Казахстан "Об аудиторской деятельности" случаях –

влечет штраф на юридических лиц в размере ста двадцати месячных расчетных показателей с приостановлением действия лицензии.

4. Несообщение уполномоченному органу по регулированию, контролю и надзору финансового рынка и финансовых организаций и неуведомление аудируемых финансовых организаций, для которых проведение аудита обязательно, о нарушениях законодательства Республики Казахстан, регулирующего деятельность финансового рынка и финансовых организаций, выявленных в результате аудита данных организаций, –

влекут штраф на юридических лиц в размере ста двадцати месячных расчетных показателей.

5. Несвоевременное предоставление или непредоставление, а равно предоставление недостоверных сведений аккредитованными профессиональными аудиторскими организациями в соответствующие уполномоченные органы, информации, предоставление которой требуется в соответствии с законодательством Республики Казахстан об аудиторской деятельности, –

влекут штраф в размере ста двадцати месячных расчетных показателей.

6. Несообщение аудируемыми субъектами в лице государственных учреждений и государственных предприятий, юридических лиц с участием государства, а также субъектами квазигосударственного сектора органам государственного аудита и финансового контроля о нарушениях законодательства Республики Казахстан при использовании бюджетных средств, кредитов, связанных грантов, активов государства и субъектов квазигосударственного сектора, государственных и гарантированных государством займов, а также займов, привлекаемых под поручительство государства, выявленных в результате аудита данных организаций, а также аудита специального назначения субъектов квазигосударственного сектора, –

влечет штраф на первых руководителей в размере ста двадцати месячных расчетных показателей.

7. Несвоевременное предоставление или непредоставление аудиторскими организациями отчетности в уполномоченный орган в соответствии с квалификационными требованиями и (или) информации по страхованию своей гражданско-правовой ответственности по форме, утвержденной уполномоченным органом, –

влечет штраф на юридические лица в размере ста двадцати месячных расчетных показателей.

7-1. Деяние, предусмотренное частью седьмой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет лишение лицензии на осуществление аудиторской деятельности.

8. Непредставление аудиторского отчета аудиторскими организациями в уполномоченный орган по регулированию, контролю и надзору финансового рынка и финансовых организаций –

влечет штраф на юридические лица в размере ста семидесяти месячных расчетных показателей.

9. Нарушения законодательства Республики Казахстан об аудиторской деятельности аккредитованными профессиональными аудиторскими организациями, совершенные в виде:

1) наличия у десяти процентов от средней численности, но не менее пяти аудиторских организаций – членов профессиональной организации за двенадцать календарных месяцев лишения лицензии на осуществление аудиторской деятельности без ходатайства со стороны такой профессиональной организации;

2) неустранения в течение трех месяцев причин, по которым вынесено предупредительное письмо уполномоченного органа;

3) несоответствия проведения аттестации кандидатов в аудиторы порядку, установленному законодательством Республики Казахстан;

4) нарушения систематически (более двух раз подряд) в течение года Правил аккредитации;

5) несоздания Квалификационной комиссии по аттестации кандидатов в аудиторы в течение шести месяцев с момента получения аккредитации, –

влекут штраф в размере ста двадцати месячных расчетных показателей с лишением свидетельства об аккредитации.

10. Проведение обязательного аудита аудиторской организацией, не соответствующей минимальным требованиям к аудиторским организациям, которые проводят обязательный аудит, –

влечет штраф в размере ста месячных расчетных показателей.

11. Невступление и (или) несвоевременное вступление аудиторской организации в профессиональную аудиторскую организацию в сроки, предусмотренные Законом Республики Казахстан "Об аудиторской деятельности", –

влекут штраф в размере двухсот месячных расчетных показателей с лишением лицензии.

Сноска. Статья 247 с изменениями, внесенными законами РК от 12.11.2015 № 393-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020); от 13.05.2020 № 325-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 248. Нарушения, связанные с использованием и хранением личной печати аудитора

1. Нарушение аудитором требований по надлежащему хранению и использованию личной печати, установленных законодательством Республики Казахстан об аудиторской деятельности, –

влечет штраф в размере ста месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно аудитором в течение года после наложения административного взыскания, –

влечет штраф в размере двухсот месячных расчетных показателей.

Статья 249. Предоставление аудируемым субъектом несвоевременной, недостоверной или неполной информации аудиторской организации

Предоставление аудируемым субъектом аудиторской организации в ходе проведения аудита несвоевременной, недостоверной или неполной информации, приведшей к составлению недостоверного аудиторского отчета, –

влечет штраф на субъектов малого предпринимательства или некоммерческие организации в размере двадцати, на субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Статья 250. Уклонение от проведения обязательного аудита

Уклонение от проведения обязательного аудита либо препятствование его проведению –

влечет штраф на субъектов малого предпринимательства или некоммерческие организации в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Статья 251. Невыполнение требования репатриации национальной и (или) иностранной валюты

Невыполнение индивидуальным предпринимателем или юридическим лицом требования репатриации национальной и (или) иностранной валюты, совершенное в виде незачисления национальной и (или) иностранной валюты на банковские счета в уполномоченных банках:

1) выручки в национальной и (или) иностранной валюте от экспорта;

2) национальной и (или) иностранной валюты, переведенной резидентом Республики Казахстан в пользу нерезидента Республики Казахстан для осуществления расчетов по импорту, подлежащей возврату в связи с неисполнением или неполным исполнением нерезидентом Республики Казахстан обязательств, –

влечет штраф в размере двадцати процентов от суммы незачисленной национальной и (или) иностранной валюты.

Примечание. Ответственность за совершение правонарушения, предусмотренного настоящей статьей, наступает в случаях, когда после истечения срока репатриации сумма незачисленной национальной и (или) иностранной валюты превышает пороговое значение, свыше которого валютные договоры по экспорту или импорту подлежат контролю выполнения требования репатриации в соответствии с совместным нормативным правовым актом Национального Банка Республики Казахстан и уполномоченного органа, осуществляющего руководство в сфере обеспечения поступлений налогов и других обязательных платежей в бюджет, и если это действие (бездействие) не содержит признаков уголовно наказуемого деяния.

Сноска. Статья 251 в редакции Закона РК от 02.07.2018 № 168-VІ (вводится в действие с 01.07.2019); с изменениями, внесенными Законом от 12.07.2023 № 24-VIII (вводится в действие c 01.01.2024).

Статья 252. Проведение валютных операций с нарушением валютного законодательства Республики Казахстан

1. Проведение запрещенных валютных операций между резидентами Республики Казахстан, проведение платежей и (или) переводов денег не через банковские счета в уполномоченных банках, когда такое требование установлено валютным законодательством Республики Казахстан, –

влекут предупреждение.

1-1. Нарушение порядка покупки и (или) продажи безналичной иностранной валюты на внутреннем валютном рынке Республики Казахстан, установленного нормативным правовым актом Национального Банка Республики Казахстан, –

влечет предупреждение.

2. Действия, предусмотренные частями первой и 1-1 настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, -

влекут штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства, некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере ста процентов от суммы операции, проведенной с нарушением установленного порядка.

Сноска. Статья 252 в редакции Закона РК от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования); с изменениями, внесенными Законом РК от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020).

Статья 253. Нарушение специального валютного режима

Нарушение специального валютного режима в части:

1) невыполнения требования получения специального разрешения Национального Банка Республики Казахстан на проведение валютной операции;

2) невыполнения требования обязательной продажи полученной резидентами иностранной валюты;

3) использования счетов в иностранных банках;

4) невыполнения требований к порядку проведения валютных операций;

5) несоблюдения иных временных валютных ограничений, введенных Правительством Республики Казахстан, –

влечет штраф на физических и юридических лиц в размере ста процентов от суммы операции, проведенной с нарушением специального валютного режима.

Сноска. Статья 253 с изменениями, внесенными Законом РК от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования).

Статья 254. Незаконное использование инсайдерской информации

Сноска. Статья 254 исключена Законом РК от 02.07.2018 № 166-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 255. Недобросовестная реклама деятельности на рынке ценных бумаг

Недобросовестная реклама деятельности на рынке ценных бумаг путем представления и распространения субъектами рынка ценных бумаг недостоверных на момент публикации рекламы сведений –

влечет штраф на физических и юридических лиц в размере ста месячных расчетных показателей.

Статья 256. Нарушение профессиональным участником рынка ценных бумаг и иными лицами требований по предоставлению отчетности, информации, сведений

1. Неоднократное (два и более раза в течение двенадцати последовательных календарных месяцев) непредоставление и (или) несвоевременное предоставление в уполномоченный орган профессиональным участником рынка ценных бумаг, его участниками (акционерами) и (или) аффилированными лицами отчетности, сведений и (или) иной запрашиваемой информации –

влекут штраф на физических лиц в размере пятидесяти, на субъектов малого предпринимательства – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

2. Неоднократное (два и более раза в течение двенадцати последовательных календарных месяцев) предоставление в уполномоченный орган профессиональным участником рынка ценных бумаг, его участниками (акционерами) и (или) аффилированными лицами недостоверных и (или) неполных отчетности, сведений и (или) иной запрашиваемой информации, в том числе в ходе проведения проверок деятельности субъектов рынка ценных бумаг, –

влечет штраф на физических лиц в размере пятидесяти, на субъектов малого предпринимательства – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Примечания.

1. Под отчетностью в части первой настоящей статьи понимаются: отчетность, представляемая представителем держателей облигаций, отчетность, содержащая сведения о квалифицированных инвесторах, отчетность крупного участника управляющего инвестиционным портфелем.

2. Профессиональный участник рынка ценных бумаг, его участники (акционеры) и (или) аффилированные лица не подлежат привлечению к административной ответственности, предусмотренной частью первой настоящей статьи, в случае предоставления отчетности, сведений и (или) иной запрашиваемой информации не позднее одного дня с момента окончания сроков предоставления отчетности, сведений и (или) иной запрашиваемой информации.

3. Профессиональный участник рынка ценных бумаг, его участники (акционеры) и (или) аффилированные лица не подлежат привлечению к административной ответственности, предусмотренной частью второй настоящей статьи, в случае устранения нарушений, ответственность за которые предусмотрена частью второй настоящей статьи, до даты получения уведомления уполномоченного органа о допущенном нарушении.

Сноска. Статья 256 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 257. Нарушение прав держателей ценных бумаг

1. Нарушение прав акционеров, предусмотренных статьей 14 Закона Республики Казахстан "Об акционерных обществах", и (или) нарушение порядка созыва и проведения общего собрания акционеров, установленного законодательством Республики Казахстан, –

влечет штраф на субъектов малого предпринимательства или некоммерческие организации в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

2. Нарушение установленных законодательством Республики Казахстан порядка и условий выплаты вознаграждения по облигациям и (или) их погашения –

влечет штраф на юридических лиц в размере четырехсот месячных расчетных показателей.

3. Нарушение эмитентом ценных бумаг порядка и условий выкупа размещенных им ценных бумаг, установленных законодательством Республики Казахстан и (или) проспектом выпуска данных ценных бумаг, и (или) неосуществление выкупа размещенных им ценных бумаг в случаях, установленных законодательством Республики Казахстан и (или) проспектом выпуска данных ценных бумаг, –

влекут штраф на субъектов малого предпринимательства или некоммерческие организации в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

Сноска. Статья 257 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 258. Нарушение порядка совершения сделок с ценными бумагами и (или) производными финансовыми инструментами, а также условий заключения сделок

Сноска. Статья 258 исключена Законом РК от 02.07.2018 № 166-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 259. Совершение сделок в целях манипулирования на рынке ценных бумаг

1. Совершение сделок субъектами рынка ценных бумаг в целях манипулирования на рынке ценных бумаг, не имеющее признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере двухсот, на субъектов малого предпринимательства – в размере трехсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

2. Совершение сделок субъектами финансового рынка в целях манипулирования ценами (курсами) иных финансовых инструментов, в том числе рыночным курсом обмена валют, –

влечет штраф для физических и юридических лиц в размере десяти процентов от суммы сделок, совершенных в целях манипулирования.

Сноска. Статья 259 в редакции Закона РК от 24.11.2015 № 422-V (вводится в действие с 01.01.2016); с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 260. Нарушение профессиональным участником рынка ценных бумаг порядка, условий и сроков регистрации сделок с ценными бумагами и (или) порядка ведения системы реестров держателей ценных бумаг, системы учета номинального держания и (или) нарушение порядка, условий и сроков подтверждения прав по ценным бумагам

Сноска. Заголовок статьи 260 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Нарушение профессиональным участником рынка ценных бумаг порядка, условий и сроков регистрации сделок с ценными бумагами и (или) порядка ведения системы реестров держателей ценных бумаг или системы учета номинального держания и (или) нарушение порядка, условий и сроков подтверждения прав по ценным бумагам, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф на некоммерческие организации в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

2. Нарушение профессиональным участником рынка ценных бумаг установленных законодательством Республики Казахстан порядка и условий передачи документов и сведений, составляющих систему номинального держания, другому профессиональному участнику рынка ценных бумаг –

влечет штраф на юридическое лицо в размере четырехсот месячных расчетных показателей.

Сноска. Статья 260 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 261. Нарушение эмитентом условий и порядка выпуска и (или) размещения негосударственных эмиссионных ценных бумаг

1. Неоднократное (два и более раза в течение двенадцати последовательных календарных месяцев) непредставление и (или) несвоевременное представление эмитентом центральному депозитарию документов для внесения изменений и (или) дополнений по лицевым счетам эмитента в системе реестров держателей ценных бумаг –

влекут штраф на субъектов малого предпринимательства, некоммерческие организации в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

2. Неоднократное (два и более раза в течение двенадцати последовательных календарных месяцев) нарушение эмитентом порядка размещения негосударственных эмиссионных ценных бумаг, за исключением действий, предусмотренных частью третьей настоящей статьи, –

влечет штраф на субъектов малого предпринимательства, некоммерческие организации в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

3. Нарушение эмитентом установленных законодательством Республики Казахстан условий и порядка выпуска и (или) размещения негосударственных эмиссионных ценных бумаг на территории иностранного государства, и (или) включения негосударственных эмиссионных ценных бумаг в список ценных бумаг фондовой биржи, осуществляющей деятельность на территории иностранного государства, –

влечет штраф на юридических лиц в размере пятидесяти процентов от суммы денег, полученных от размещения эмиссионных ценных бумаг.

4. Нарушение эмитентом требований к государственной регистрации выпуска негосударственных эмиссионных ценных бумаг, неоднократное (два и более раза в течение двенадцати последовательных календарных месяцев) нарушение эмитентом условий выпуска негосударственных облигаций, установленных законодательством Республики Казахстан о рынке ценных бумаг, –

влекут штраф на субъектов малого или среднего предпринимательства в размере четырехсот, на субъектов крупного предпринимательства –
в размере пятисот месячных расчетных показателей.

Примечание.

К административной ответственности, установленной настоящей статьей, не привлекаются эмитенты в случае, если на момент обнаружения правонарушения эмитент:

лишен лицензии на осуществление деятельности в финансовой сфере и деятельности, связанной с концентрацией финансовых ресурсов, и подлежит принудительной ликвидации либо находится в процессе принудительной ликвидации;

признан судом банкротом.

Сноска. Статья 261 в редакции Закона РК от 02.07.2018 № 166-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 262. Нарушение требований, установленных законодательством Республики Казахстан о рынке ценных бумаг и об акционерных обществах

1. Несоблюдение субъектом рынка ценных бумаг порядка и (или) условий, установленных Законом Республики Казахстан "Об акционерных обществах", при совершении крупной сделки и (или) сделки, в совершении которой имеется заинтересованность, –

влечет штраф на субъектов малого предпринимательства или некоммерческие организации в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

2. Совершение профессиональным участником рынка ценных бумаг в рамках осуществляемой им профессиональной деятельности на рынке ценных бумаг сделки с финансовыми инструментами, условия которой противоречат законодательству Республики Казахстан о рынке ценных бумаг, и (или) сделки, в отношении которой законодательством Республики Казахстан о рынке ценных бумаг предусмотрены основания для отказа в ее совершении, –

влечет штраф на субъектов среднего предпринимательства в размере трехсот, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

3. Совершение брокером и (или) дилером сделки без наличия клиентского заказа на момент ее совершения –

влечет штраф на субъектов среднего предпринимательства в размере трехсот, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

4. Действия инсайдеров по использованию инсайдерской информации при совершении сделок с ценными бумагами и (или) производными финансовыми инструментами, незаконной передаче инсайдерской информации третьим лицам, предоставлению третьим лицам рекомендаций или предложений о совершении сделок с ценными бумагами и (или) производными финансовыми инструментами, основанных на инсайдерской информации, и (или) невыполнение требований законодательства Республики Казахстан по предоставлению эмитентам информации юридическими лицами, признанными инсайдерами в отношении данных эмитентов, не имеющие признаков уголовно наказуемого деяния, если эти действия не причинили крупный ущерб, –

влекут штраф на физическое лицо в размере двухсот, на должностное лицо – в размере четырехсот, на субъектов малого предпринимательства или некоммерческие организации – в размере трехсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

5. Нарушение эмитентами требований, установленных законодательством Республики Казахстан, в части осуществления контроля за распоряжением и использованием инсайдерской информации об эмитенте и выпущенных (предоставленных) им ценных бумагах (производных финансовых инструментах) –

влечет штраф на субъектов малого предпринимательства или некоммерческие организации в размере трехсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

6. Неоднократное (два и более раза в течение шести последовательных календарных месяцев) раскрытие субъектом рынка ценных бумаг недостоверной и (или) неполной информации и (или) нераскрытие в установленные сроки информации о своей деятельности в порядке и на условиях, определяемых законодательством Республики Казахстан, –

влекут штраф в размере пятидесяти месячных расчетных показателей.

Примечание.

Под информацией о своей деятельности для целей части шестой настоящей статьи понимается информация, подлежащая раскрытию субъектом рынка ценных бумаг в соответствии с законодательством Республики Казахстан о рынке ценных бумаг.

Субъекты рынка ценных бумаг не подлежат привлечению к административной ответственности, предусмотренной частью шестой настоящей статьи, в случае:

1) раскрытия информации в порядке и на условиях, определяемых законодательством Республики Казахстан, не позднее одного рабочего дня с момента окончания сроков, установленных законодательством Республики Казахстан для раскрытия данной информации;

2) если на момент обнаружения правонарушения субъект рынка ценных бумаг:

лишен лицензии на осуществление деятельности в финансовой сфере и деятельности, связанной с концентрацией финансовых ресурсов, и подлежит принудительной ликвидации либо находится в процессе принудительной ликвидации;

признан судом банкротом.

Сноска. Статья 262 в редакции Закона РК от 02.07.2018 № 166-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 263. Нарушение обязанности по раскрытию информации на рынке ценных бумаг

Сноска. Статья 263 исключена Законом РК от 02.07.2018 № 166-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 264. Нарушение законодательства Республики Казахстан о рынке ценных бумаг единым накопительным пенсионным фондом, добровольными накопительными пенсионными фондами и управляющим инвестиционным портфелем

1. Нарушение единым накопительным пенсионным фондом, добровольными накопительными пенсионными фондами порядка учета пенсионных накоплений на персональных счетах вкладчиков (получателей), а также нарушение управляющим инвестиционным портфелем установленного законодательством Республики Казахстан о рынке ценных бумаг порядка взаимоотношений с банками-кастодианами и единым накопительным пенсионным фондом, добровольными накопительными пенсионными фондами, не причинившее крупного ущерба, –

влекут штраф на юридических лиц в размере четырехсот месячных расчетных показателей.

2. Осуществление единым накопительным пенсионным фондом или добровольным накопительным пенсионным фондом сделок и операций в нарушение законодательства Республики Казахстан о рынке ценных бумаг –

влечет штраф на юридических лиц в размере четырехсот месячных расчетных показателей.

Статья 265. Нарушение требований Закона Республики Казахстан "Об инвестиционных и венчурных фондах"

Сноска. Заголовок статьи 265 с изменениями, внесенными Законом РК от 04.07.2018 № 174-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Нарушение акционерным инвестиционным фондом, управляющей компанией инвестиционного фонда требований Закона Республики Казахстан "Об инвестиционных и венчурных фондах" к содержанию информации о своей деятельности, показателях, характеризующих состав и стоимость чистых активов инвестиционного фонда, а также порядка ее опубликования и распространения –

влечет штраф на юридических лиц в размере четырехсот месячных расчетных показателей.

2. Распространение или опубликование акционерным инвестиционным фондом, управляющей компанией инвестиционного фонда неточной, неполной или вводящей в заблуждение информации –

влечет штраф на юридических лиц в размере четырехсот месячных расчетных показателей.

Сноска. Статья 265 с изменениями, внесенными Законом РК от 04.07.2018 № 174-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 266. Нарушение ограничений, установленных законами Республики Казахстан, по проведению платежей

Осуществление индивидуальными предпринимателями, состоящими на регистрационном учете в качестве плательщика налога на добавленную стоимость, или юридическими лицами платежа в наличном порядке по гражданско-правовой сделке на сумму свыше одной тысячи месячных расчетных показателей в пользу другого индивидуального предпринимателя, состоящего на регистрационном учете в качестве плательщика налога на добавленную стоимость, или юридического лица –

влечет штраф на лиц, осуществлявших платеж, в размере пяти процентов от суммы платежа.

Сноска. Статья 266 в редакции Закона РК от 25.12.2017 № 122-VI (вводится в действие с 01.01.2018).

Статья 267. Незаконные действия должностных лиц государственного учреждения и государственного предприятия на праве оперативного управления (казенного предприятия) по принятию денежных обязательств за счет средств государственного бюджета

1. Незаконные действия должностных лиц государственного учреждения или государственного предприятия на праве оперативного управления (казенного предприятия) по принятию денежных обязательств за счет средств государственного бюджета без установленной законодательством регистрации гражданско-правовых сделок и (или) сверх сумм смет, утвержденных уполномоченным органом, повлекшие ответственность Правительства Республики Казахстан или соответствующего местного исполнительного органа по обязательствам государственного учреждения или государственного предприятия на праве оперативного управления (казенного предприятия), –

влекут штраф в размере пятидесяти месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере ста месячных расчетных показателей.

Статья 268. Нарушение законодательства Республики Казахстан о товарных биржах

1. Участие работников товарной биржи в биржевых сделках –

влечет штраф в размере ста пятидесяти месячных расчетных показателей.

2. Осуществление товарной биржей торговой и иной деятельности, непосредственно не связанной с организацией биржевой торговли, –

влечет штраф в размере пятисот месячных расчетных показателей.

3. Реализация товаров, включенных в перечень биржевых товаров, вне товарных бирж –

влечет штраф на физических лиц в размере семидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере ста сорока, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

4. Исключен Законом РК от 02.04.2019 № 241-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

5. Невыполнение участниками биржевой торговли обязанности по обеспечению реализации не менее тридцати процентов от ежеквартального общего собственного биржевого оборота товаров, вошедших в перечень биржевых товаров, в режиме двойного встречного аукциона –

влечет предупреждение.

6. Деяние, предусмотренное частью пятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства или некоммерческие организации в размере семидесяти, на субъектов среднего предпринимательства – в размере ста сорока, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

7. Невыполнение, несвоевременное выполнение товарной биржей обязанности по размещению на собственном интернет-ресурсе результатов биржевых торгов –

влекут предупреждение.

8. Деяния, предусмотренные частью седьмой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на юридическое лицо в размере трехсот месячных расчетных показателей.

9. Несоблюдение товарной биржей обязательных требований к электронной торговой системе товарных бирж –

влечет предупреждение.

10. Деяние, предусмотренное частью девятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на юридическое лицо в размере трехсот месячных расчетных показателей.

11. Непредставление, несвоевременное представление, а равно представление заведомо ложных форм отчетности товарными биржами уполномоченному органу в области регулирования торговой деятельности –

влекут предупреждение.

12. Деяния, предусмотренные частью одиннадцатой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на юридическое лицо в размере ста пятидесяти месячных расчетных показателей.

13. Неисполнение товарной биржей режимов проведения биржевых торгов –

влечет штраф на юридическое лицо в размере ста месячных расчетных показателей.

14. Деяние, предусмотренное частью тринадцатой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на юридическое лицо в размере трехсот месячных расчетных показателей.

15. Неисполнение клиринговыми центрами товарных бирж обязанности по наличию аппаратно-программного комплекса, обеспечивающего автоматизацию процесса клиринговой деятельности, –

влечет штраф на юридическое лицо в размере трехсот месячных расчетных показателей.

Сноска. Статья 268 с изменениями, внесенными законами РК от 27.10.2015 № 364-V (порядок введения в действие см. ст. 2); от 02.04.2019 № 241-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Глава 16. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В
ОБЛАСТИ НАЛОГООБЛОЖЕНИЯ

Статья 269. Нарушение срока постановки на регистрационный учет в органе государственных доходов

1. Нарушение установленных законодательными актами Республики Казахстан сроков подачи налогового заявления о постановке на регистрационный учет в органе государственных доходов частного нотариуса, частного судебного исполнителя, адвоката и уведомления о регистрационном учете индивидуального предпринимателя, регистрационном учете по отдельным видам деятельности –

влечет предупреждение.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере восьми, на частных нотариусов, частных судебных исполнителей, адвокатов, на субъектов малого предпринимательства или некоммерческие организации – в размере пятнадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере семидесяти месячных расчетных показателей.

3. Нарушение налогоплательщиком установленного законодательными актами Республики Казахстан срока подачи налогового заявления в орган государственных доходов о постановке на регистрационный учет по налогу на добавленную стоимость –

влечет штраф в размере пятидесяти месячных расчетных показателей.

Сноска. Статья 269 с изменениями, внесенными законами РК от 29.03.2016 № 479-V (вводится в действие c 01.01.2017); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 270. Неправомерное осуществление деятельности при применении специального налогового режима

1. Применение специального налогового режима с нарушением условий, предусмотренных законодательными актами Республики Казахстан для этого режима, –

влечет предупреждение.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере пятнадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

3. Нарушение индивидуальным предпринимателем срока подачи расчета стоимости патента либо налогового заявления о приостановлении (продлении, возобновлении) представления налоговой отчетности –

влечет предупреждение.

4. Деяние, предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

Статья 271. Осуществление деятельности в период действия решения органа государственных доходов о приостановлении представления налоговой отчетности

1. Осуществление деятельности лицами в период действия решения органа государственных доходов о приостановлении представления налоговой отчетности –

влечет предупреждение.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на частных нотариусов, частных судебных исполнителей, адвокатов, на субъектов малого предпринимательства или некоммерческие организации в размере сорока, на субъектов среднего предпринимательства – в размере сорока пяти, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

Статья 272. Непредставление налоговой отчетности, документов, необходимых для определения финансовой прибыли контролируемой иностранной компании, а также представление неполных, недостоверных сведений в налоговой отчетности

Сноска. Заголовок статьи 272 в редакции Закона РК от 18.11.2015 № 412-V (вводится в действие с 01.01.2021).

1. Непредставление в орган государственных доходов налоговой отчетности в срок, установленный законодательными актами Республики Казахстан, –

влечет предупреждение.

2. Деяние, предусмотренное частью первой настоящей статьи, за исключением деяния, указанного в части третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере пятнадцати, на частных нотариусов, частных судебных исполнителей, адвокатов, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере сорока пяти, на субъектов крупного предпринимательства – в размере семидесяти месячных расчетных показателей.

2-1. Представление неполных, недостоверных сведений в декларации об активах и обязательствах, декларации о доходах и имуществе, декларации по индивидуальному подоходному налогу, предусмотренных налоговым законодательством Республики Казахстан, за исключением случаев, влекущих начисление налогов и других обязательных платежей в бюджет, –

влечет предупреждение.

2-2. Деяния, предусмотренные частью 2-1 настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере трех месячных расчетных показателей.

3. Деяние, предусмотренное частью первой настоящей статьи, выразившееся в непредставлении в срок, установленный законами Республики Казахстан, налоговых регистров, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на налогоплательщиков, подлежащих налоговому мониторингу, в размере пятисот пятидесяти месячных расчетных показателей.

4. Исключен Законом РК от 25.12.2017 № 122-VI (вводится в действие с 01.01.2018).

5. Непредставление налогоплательщиком в орган государственных доходов документов, необходимых для определения суммы финансовой прибыли или части финансовой прибыли контролируемой иностранной компании, подлежащей налогообложению в соответствии с Кодексом Республики Казахстан "О налогах и других обязательных платежах в бюджет" (Налоговый кодекс), –

влечет штраф на физических лиц в размере ста, на субъектов малого предпринимательства – в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

Примечание. Положения частей 2-1 и 2-2 настоящей статьи не применяются в случае неуказания в декларации об активах и обязательствах сведений об активах и обязательствах при наличии таких сведений в соответствующих государственных органах.

Сноска. Статья 272 с изменениями, внесенными законами РК от 18.11.2015 № 412-V (вводится в действие с 01.01.2021); от 25.12.2017 № 122-VI (вводится в действие с 01.01.2018).

Статья 273. Непредставление, отказ в представлении отчетности по мониторингу сделок, отчетности по трансфертному ценообразованию, документов, необходимых для осуществления контроля при трансфертном ценообразовании

Сноска. Заголовок статьи 273 в редакции Закона РК от 25.12.2017 № 122-VI (вводится в действие с 01.01.2019).

1. Непредставление налогоплательщиком в орган государственных доходов отчетности по мониторингу сделок в срок, установленный законодательством Республики Казахстан о трансфертном ценообразовании, а также непредставление в срок, установленный уполномоченным органом, либо отказ в представлении налогоплательщиком документов (в том числе в электронном виде), необходимых для осуществления контроля при трансфертном ценообразовании, –

влекут штраф на субъектов малого предпринимательства или некоммерческие организации в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере трехсот пятидесяти месячных расчетных показателей.

2. Выявление расхождений более двухтысячекратного размера месячного расчетного показателя, установленного на соответствующий финансовый год законом о республиканском бюджете, между данными отчетности по мониторингу сделок и данными, полученными в ходе проверки, –

влечет штраф на субъектов малого предпринимательства или некоммерческие организации в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

3. Действия (бездействие), предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на субъектов малого предпринимательства или некоммерческие организации в размере ста двадцати пяти, на субъектов среднего предпринимательства – в размере двухсот пятидесяти, на субъектов крупного предпринимательства – в размере семисот пятидесяти месячных расчетных показателей.

4. Непредставление, недостоверное или неполное представление, отказ в представлении налогоплательщиком в орган государственных доходов отчетности по трансфертному ценообразованию в сроки, установленные законодательством Республики Казахстан о трансфертном ценообразовании, –

влекут штраф на субъектов среднего предпринимательства в размере двухсот пятидесяти, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

5. Действия (бездействие), предусмотренные частью четвертой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на субъектов среднего предпринимательства в размере пятисот, на субъектов крупного предпринимательства – в размере тысячи месячных расчетных показателей.

Сноска. Статья 273 с изменениями, внесенными Законом РК от 25.12.2017 № 122-VI (вводится в действие с 01.01.2019).

Статья 274. Нарушение мер финансового контроля

Сноска. Статья 274 исключена Законом РК от 18.11.2015 № 412-V (вводится в действие с 01.01.2021).

Статья 275. Сокрытие объектов налогообложения и иного имущества, подлежащих отражению в налоговой отчетности

Сноска. Заголовок статьи 275 в редакции Закона РК от 13.11.2015 № 400-V (вводится в действие с 01.01.2017).

1. Сокрытие налогоплательщиком объектов налогообложения –

влечет штраф на физических лиц, субъектов малого предпринимательства или некоммерческие организации, на субъектов среднего предпринимательства, на субъектов крупного предпринимательства в размере двухсот процентов от суммы налогов и других обязательных платежей, подлежащих уплате по сокрытому объекту налогообложения.

2. Действия (бездействие), предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц, субъектов малого предпринимательства или некоммерческие организации, на субъектов среднего предпринимательства, на субъектов крупного предпринимательства в размере трехсот процентов от суммы налогов и других обязательных платежей, подлежащих уплате по сокрытому объекту налогообложения.

3. Сокрытие физическим лицом сведений о наличии имущества на праве собственности за пределами Республики Казахстан, а также денег на банковских счетах в иностранных банках, находящихся за пределами Республики Казахстан, подлежащих отражению в декларации по индивидуальному подоходному налогу в соответствии с налоговым законодательством Республики Казахстан, совершенное путем их неотражения в декларации по индивидуальному подоходному налогу, –

влечет штраф в размере ста месячных расчетных показателей.

4. Неустранение нарушений, установленных частью третьей настоящей статьи, в течение года после наложения административного взыскания –

влечет штраф в размере двухсот месячных расчетных показателей.

5. Совершение оборота за период непостановки на учет в качестве плательщика налога на добавленную стоимость –

влечет штраф в размере пятнадцати процентов от суммы оборота за период непостановки на учет.

Примечания. 1. Для целей части первой настоящей статьи под сокрытием объектов налогообложения понимается также непринятие налогоплательщиком на учет товаров, импортированных на территорию Республики Казахстан с территории государств-членов Евразийского экономического союза.

2. Для целей частей третьей и четвертой настоящей статьи административная ответственность возникает в отдельности по каждому объекту имущества, подлежащего государственной или иной регистрации (учету), права и (или) сделки по которому подлежат государственной или иной регистрации (учету) в компетентном органе иностранного государства в соответствии с законодательством иностранного государства, а также по каждому банковскому счету в иностранных банках, находящихся за пределами Республики Казахстан.

3. Для целей части третьей настоящей статьи непредставление лицом декларации по индивидуальному подоходному налогу в соответствии с налоговым законодательством Республики Казахстан приравнивается к неотражению сведений о наличии имущества на праве собственности за пределами Республики Казахстан, а также денег на банковских счетах в иностранных банках, находящихся за пределами Республики Казахстан.

4. Для целей части пятой настоящей статьи под совершением оборота понимается облагаемый оборот, определяемый в соответствии с налоговым законодательством Республики Казахстан.

Сноска. Статья 275 с изменениями, внесенными законами РК от 13.11.2015 № 400-V (вводится в действие с 01.01.2017); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 21.01.2019 № 217-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 276. Отсутствие учетной документации и нарушение ведения налогового учета

1. Отсутствие у налогоплательщика учетной документации и (или) несоблюдение требований по составлению и хранению учетной документации, установленных законодательством Республики Казахстан, –

влекут предупреждение.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на субъектов малого предпринимательства или некоммерческие организации в размере двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере семидесяти пяти месячных расчетных показателей.

3. Неотражение в учетной документации операций по учету и реализации товаров (работ, услуг) –

влечет предупреждение.

4. Действие, предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере трех, на субъектов среднего предпринимательства – в размере пяти, на субъектов крупного предпринимательства – в размере десяти процентов от стоимости неучтенных товаров (работ, услуг).

Примечание. Под отсутствием у налогоплательщика учетной документации понимается отсутствие бухгалтерской документации и (или) налоговых форм, налоговой учетной политики, иных документов, являющихся основанием для определения объектов налогообложения и (или) объектов, связанных с налогообложением, а также для исчисления налогового обязательства.

Сноска. Статья 276 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 277. Уклонение от уплаты начисленных (исчисленных)сумм налогов и других обязательных платежей в бюджет

Уклонение от уплаты начисленных (исчисленных) сумм налогов и других обязательных платежей в бюджет, совершенное путем осуществления налогоплательщиком взаиморасчетов с третьими лицами при наличии задолженности в период действия распоряжения органа государственных доходов о приостановлении расходных операций по кассе, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере пятнадцати месячных расчетных показателей, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти процентов от суммы произведенных расчетов.

Статья 278. Занижение сумм налогов и других обязательных платежей в бюджет

1. Занижение сумм налогов и других обязательных платежей в декларации, расчете, заявлении о ввозе товаров и уплате косвенных налогов, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере десяти месячных расчетных показателей, на частных нотариусов, частных судебных исполнителей, адвокатов, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере восьмидесяти процентов от начисленной суммы налогов и других обязательных платежей в бюджет.

2. Занижение налогоплательщиком сумм текущих платежей в расчете, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф на субъектов малого предпринимательства или некоммерческие организации, на субъектов среднего предпринимательства в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти процентов от заниженной суммы текущих платежей.

3. Превышение суммы фактически исчисленного корпоративного подоходного налога за налоговый период над суммой исчисленных авансовых платежей в течение налогового периода в размере более двадцати процентов, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф в размере двадцати процентов от суммы превышения фактического налога.

4. Исключен Законом РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).

Примечания.

1. Для целей части первой настоящей статьи при определении суммы административного взыскания по начисленной сумме налога на добавленную стоимость учитывается сумма переплаты по налогу на добавленную стоимость по лицевому счету налогоплательщика на дату установленного срока уплаты налога на добавленную стоимость за налоговый период.

В случае налоговой проверки более одного налогового периода сумма переплаты по лицевому счету на дату установленного срока уплаты за каждый последующий налоговый период определяется с учетом начисленной и (или) уменьшенной суммы налога на добавленную стоимость за предыдущие налоговые периоды, включенные в данную налоговую проверку.

2. Для целей части первой настоящей статьи в случае, если лицо подлежит административной ответственности за занижение сумм косвенных налогов в заявлении о ввозе товаров и уплате косвенных налогов, такое лицо не подлежит административной ответственности отдельно за занижение указанных сумм косвенных налогов в декларации по косвенным налогам по импортированным товарам.

3. Для целей части третьей настоящей статьи лицо также подлежит административной ответственности в случае непредставления в течение налогового периода расчетов авансовых платежей по корпоративному подоходному налогу, подлежащих представлению в соответствии с налоговым законодательством Республики Казахстан. При этом исчисленная сумма авансовых платежей приравнивается к нулю.

4. Для целей части третьей настоящей статьи при определении превышения не учитываются:

превышение, образовавшееся в связи с произведенной корректировкой налога на добычу полезных ископаемых в соответствии с пунктом 3 статьи 742 Кодекса Республики Казахстан "О налогах и других обязательных платежах в бюджет" (Налоговый кодекс);

корпоративный подоходный налог, исчисленный с суммарной прибыли контролируемых иностранных компаний или постоянных учреждений контролируемых иностранных компаний, определяемой в соответствии со статьей 297 Кодекса Республики Казахстан "О налогах и других обязательных платежах в бюджет" (Налоговый кодекс).

Сноска. Статья 278 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 25.12.2017 № 122-VI (вводится в действие с 01.01.2018); от 21.01.2019 № 217-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 279. Невыполнение налоговым агентом обязанности по удержанию и (или) перечислению налогов

1. Неудержание или неполное удержание налоговым агентом сумм налогов, подлежащих удержанию и (или) перечислению в бюджет, в срок, установленный налоговым законодательством Республики Казахстан, –

влечет штраф на частных нотариусов, частных судебных исполнителей, адвокатов, на субъектов малого предпринимательства или некоммерческие организации в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти процентов от неудержанной суммы налогов и других обязательных платежей.

2. Неперечисление или неполное перечисление налоговым агентом удержанных сумм налогов, подлежащих перечислению в бюджет, в срок, установленный налоговым законодательством Республики Казахстан, –

влечет штраф на частных нотариусов, частных судебных исполнителей, адвокатов, на субъектов малого предпринимательства или некоммерческие организации в размере пяти, на субъектов среднего предпринимательства – в размере десяти, на субъектов крупного предпринимательства – в размере двадцати месячных расчетных показателей.

Примечание. Лицо не подлежит привлечению к административной ответственности, предусмотренной настоящей статьей, по удержанным (подлежащим удержанию) суммам налогов, выявленным налоговым агентом самостоятельно и указанным в дополнительной налоговой отчетности, при условии их перечисления в бюджет не позднее трех рабочих дней со дня представления дополнительной налоговой отчетности в орган государственных доходов.

Статья 280. Выписка фиктивного счета-фактуры

Выписка налогоплательщиком фиктивного счета-фактуры –

влечет штраф на субъектов малого предпринимательства в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере трехсот процентов от суммы налога на добавленную стоимость, включенной в счет-фактуру.

Примечание. Фиктивным счетом-фактурой признается счет-фактура, выписанный плательщиком, не состоящим на регистрационном учете по налогу на добавленную стоимость, а равно лицом, фактически не производившим выполнение работ, оказание услуг, отгрузку товаров, и включающий в себя сумму налога на добавленную стоимость.

Сноска. Статья 280 с изменением, внесенным Законом РК от 21.01.2019 № 217-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 280-1. Нарушение порядка выписки счетов-фактур, а также нарушение системы учета перемещения товаров, включенных в перечень

1. Невыписка налогоплательщиком счета-фактуры в электронной форме –

влечет предупреждение.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере сорока, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

3. Выписка налогоплательщиком счета-фактуры в электронной форме с нарушением срока –

влечет предупреждение.

4. Действие, предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере двадцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

5. Отсутствие заверенных печатью органов государственных доходов товаросопроводительных документов, оформление которых предусмотрено при вывозе за пределы территории Республики Казахстан товаров, включенных в перечень в нарушение системы учета перемещения товаров, –

влечет штраф в размере пятидесяти месячных расчетных показателей.

6. Действие, предусмотренное частью пятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере ста месячных расчетных показателей.

Примечание. Под товарами, включенными в перечень, следует понимать товары, код единой Товарной номенклатуры внешнеэкономической деятельности Евразийского экономического союза и наименование которых включены в перечень товаров в соответствии с протоколом о некоторых вопросах ввоза и обращения товаров на таможенной территории Евразийского экономического союза, ратифицированным Законом Республики Казахстан от 9 декабря 2015 года.

Сноска. Глава 16 дополнена статьей 280-1 в соответствии с Законом РК от 03.12.2015 № 432-V (вводится в действие с 01.01.2016); в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 281. Нарушение законодательства Республики Казахстан в области государственного регулирования производства и оборота отдельных видов нефтепродуктов и подакцизных товаров, за исключением биотоплива, этилового спирта и алкогольной продукции

1. Непредставление либо несвоевременное представление декларации на нефтепродукты, на табачные изделия, а равно непредставление либо несвоевременное представление сведений, необходимых для осуществления мониторинга, –

влекут штраф на физических лиц в размере пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

2. Деяния, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере шестидесяти месячных расчетных показателей.

2-1. Недостоверное отражение объема нефтепродуктов, количества табачных изделий, а также недостоверное указание персонального идентификационного номера-кода на нефтепродукты в декларациях на нефтепродукты, на табачные изделия, в сведениях, необходимых для осуществления мониторинга, –

влекут штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2-2. Деяния, предусмотренные частью 2-1 настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере шестидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

3. Нарушение законодательства Республики Казахстан в области государственного регулирования производства и оборота табачных изделий, совершенное в виде:

1) отказа в представлении уполномоченному органу сведений или предоставления недостоверной информации в сфере производства и оборота табачных изделий, а равно непредоставления в течение тридцати календарных дней в письменном виде информации о внесенных изменениях и дополнениях в паспорт производства;

2) производства табачных изделий не по адресу, указанному в лицензии, на оборудовании, не соответствующем требованиям, установленным законодательством Республики Казахстан;

3) неосуществления деятельности по производству табачных изделий в течение года со дня выдачи лицензии, –

влечет штраф на субъектов малого предпринимательства в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере семисот месячных расчетных показателей, с приостановлением действия лицензии.

4. Деяния, предусмотренные частью третьей настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на субъектов малого предпринимательства в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере девятисот месячных расчетных показателей, с лишением лицензии.

5. Нарушение условий производства и (или) оборота отдельных видов нефтепродуктов и подакцизных товаров, за исключением биотоплива, этилового спирта и алкогольной продукции, совершенное в виде:

1) оборота этилированного бензина и (или) некондиционных нефтепродуктов, а также их хранения без дальнейшей переработки физическими и (или) юридическими лицами;

2) исключен Законом РК от 25.12.2017 № 122-VI (вводится в действие с 01.01.2020);

3) реализации нефтепродуктов лицами, за исключением производителей и поставщиков нефти, не с баз нефтепродуктов, автозаправочных станций;

4) срыва наложенных на контрольные приборы учета пломб;

5) оборота (кроме экспорта) табачных изделий ниже установленных Правительством Республики Казахстан минимальных цен;

6) реализации нефтепродуктов с автозаправочных станций передвижного типа не на землях сельскохозяйственного назначения в местах сосредоточения сельскохозяйственной техники на полевых работах;

7) оборота нефтепродуктов, включающих металлосодержащие присадки (железо, марганец, свинец и другие, кроме антистатических присадок для дизельного топлива) физическими и (или) юридическими лицами;

8) реализации и (или) отгрузки отдельных видов нефтепродуктов производителями нефтепродуктов, поставщиками нефти, оптовыми поставщиками нефтепродуктов или розничными реализаторами нефтепродуктов без контрольных приборов учета либо минуя контрольные приборы учета, за исключением случаев реализации и (или) отгрузки отдельных видов нефтепродуктов с баз нефтепродуктов;

9) исключен Законом РК от 25.12.2017 № 122-VI (вводится в действие с 01.01.2018);

10) реализации нефтепродуктов оптовыми поставщиками нефтепродуктов, приобретающими нефтепродукты у производителей, поставщиков нефти, импортеров, не розничным реализаторам нефтепродуктов или не конечным потребителям, –

влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей с конфискацией нефтепродуктов, табачных изделий, являющихся непосредственными предметами совершения административного правонарушения, и (или) доходов, полученных вследствие совершения правонарушения, или без таковой.

6. Действия, предусмотренные частью пятой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере сорока, на субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей с конфискацией нефтепродуктов, табачных изделий, являющихся непосредственными предметами совершения административного правонарушения, и (или) доходов, полученных вследствие совершения правонарушения.

7. Производство бензина и дизельного топлива с использованием металлосодержащих присадок (железо, марганец, свинец и другие, кроме антистатических присадок для дизельного топлива) по вине производителя нефтепродуктов –

влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

8. Остановка работы технологических установок по вине производителя нефтепродуктов, используемых для производства нефтепродуктов без согласования с уполномоченным органом в области производства нефтепродуктов, за исключением случаев необходимости немедленного предотвращения аварийной ситуации, –

влечет штраф на субъектов малого предпринимательства в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

9. Непредставление на утверждение в уполномоченный орган в области производства нефтепродуктов годового графика проведения планово-предупредительных работ технологических установок и (или) его несоблюдение по вине производителя нефтепродуктов –

влекут штраф на субъектов малого предпринимательства в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

10. Неисполнение установленных уполномоченным органом в области производства нефтепродуктов минимальных объемов производства нефтепродуктов по вине производителя нефтепродуктов –

влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Сноска. Статья 281 с изменениями, внесенными законами РК от 09.04.2016 № 500-V (вводится в действие по истечении десяти календарных дней после его первого официального опубликования); от 25.12.2017 № 122-VI (порядок введения в действие см. ст. 11); от 27.12.2017 № 126-VI (вводится в действие с 01.01.2018); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 282. Нарушение законодательства Республики Казахстан о государственном регулировании производства и оборота этилового спирта и алкогольной продукции

1. Непредставление либо несвоевременное представление декларации на этиловый спирт и (или) алкогольную продукцию –

влечет штраф на физических лиц в размере пяти, на субъектов малого предпринимательства – в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

2. Деяния, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, -

влекут штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере шестидесяти месячных расчетных показателей.

2-1. Недостоверное отражение объема этилового спирта и (или) алкогольной продукции, а также недостоверное указание персонального идентификационного номера-кода на этиловый спирт и (или) алкогольную продукцию в декларации на этиловый спирт и (или) алкогольную продукцию –

влекут штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2-2. Деяния, предусмотренные частью 2-1 настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства – в размере сорока, на субъектов среднего предпринимательства – в размере шестидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

3. Нарушение условий оборота и перемещения этилового спирта и алкогольной продукции, совершенное в виде:

1) хранения и реализации алкогольной продукции вне мест, установленных законами Республики Казахстан;

2) оборота алкогольной продукции в таре и упаковке, не установленных техническим регламентом;

3) оборота алкогольной продукции в жестяной таре (кроме пивоваренной продукции и слабоалкогольных напитков), в бутылках без этикеток и пластиковых емкостях (за исключением розлива пивоваренной продукции конечному потребителю);

4) розничной реализации водок и водок особых, водок с защищенным наименованием места происхождения товара, крепких ликероводочных изделий, коньяка и бренди ниже минимальных розничных цен, установленных Правительством Республики Казахстан;

5) хранения и оптовой реализации алкогольной продукции двумя и более лицензиатами в одном складском помещении;

6) хранения и реализации без наличия приборов, определяющих элементы защиты учетно-контрольных марок и (или) считывающих информацию с учетно-контрольных марок алкогольной продукции, подлежащей маркировке учетно-контрольными марками, -

7) исключен Законом РК от 25.12.2017 № 122-VI (вводится в действие с 01.01.2020).

влечет штраф на физических лиц в размере пятидесяти, на субъектов малого предпринимательства - в размере семидесяти пяти, на субъектов среднего предпринимательства - в размере ста пятидесяти, на субъектов крупного предпринимательства - в размере двухсот, на юридических лиц, являющихся субъектами крупного предпринимательства, - в размере шестисот месячных расчетных показателей, с конфискацией подакцизных товаров, явившихся непосредственным предметом правонарушения.

4. Действия, предусмотренные частью третьей настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, -

влекут штраф на физических лиц в размере ста, на субъектов малого предпринимательства - в размере двухсот, на субъектов среднего предпринимательства - в размере двухсот пятидесяти, на субъектов крупного предпринимательства - в размере восьмисот месячных расчетных показателей, с конфискацией подакцизных товаров, явившихся непосредственным предметом правонарушения.

5. Нарушение условий производства этилового спирта и (или) алкогольной продукции, совершенное в виде:

1) непредставления производителем до тридцати календарных дней со дня внесения изменений или дополнений в паспорт производства в письменном виде информации о внесенных изменениях или дополнениях в паспорт производства;

2) производства этилового спирта и (или) алкогольной продукции без оснащения технологических линий контрольными приборами учета, кроме производства вина наливом, а также пивоваренной продукции, производственные мощности которых ниже четырехсот тысяч декалитров в год;

3) производства этилового спирта и (или) алкогольной продукции с неисправными контрольными приборами учета, а равно со сверхнормативными отклонениями в учете, кроме производства вина наливом, а также пивоваренной продукции, производственные мощности которых ниже четырехсот тысяч декалитров в год;

4) производства этилового спирта и алкогольной продукции двумя и более лицензиатами на одних и тех же стационарных помещениях и оборудовании, -

влечет штраф на субъектов среднего предпринимательства в размере двухсот, на субъектов крупного предпринимательства - в размере семисот месячных расчетных показателей, с приостановлением действия лицензии.

6. Деяние, предусмотренное частью пятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, -

влечет штраф на субъектов среднего предпринимательства в размере трехсот, на субъектов крупного предпринимательства - в размере девятисот месячных расчетных показателей, с лишением лицензии.

7. Нарушение условий производства и оборота этилового спирта и (или) алкогольной продукции, совершенное в виде:

1) осуществления деятельности в период приостановления действия лицензии по такой деятельности;

2) производства алкогольной продукции из этилового спирта, произведенного не из пищевого сырья, -

влечет штраф на субъектов малого предпринимательства в размере ста, на субъектов среднего предпринимательства - в размере двухсот, на субъектов крупного предпринимательства - в размере семисот месячных расчетных показателей, с лишением лицензии.

8. Исключен Законом РК от 25.12.2017 № 122-VI (вводится в действие с 01.01.2018).
9. Исключен Законом РК от 25.12.2017 № 122-VI (вводится в действие с 01.01.2018).

10. Несоблюдение минимального процента использования производственной мощности и минимальных объемов производства при производстве этилового спирта, водок и водок особых, водок с защищенным наименованием места происхождения товара в соответствии с техническим регламентом –

влечет штраф на субъектов среднего предпринимательства в размере пятисот, на субъектов крупного предпринимательства - в размере тысячи месячных расчетных показателей, с приостановлением действия лицензии.

11. Деяние, предусмотренное частью десятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, -

влечет штраф на субъектов среднего предпринимательства в размере тысячи, на субъектов крупного предпринимательства - в размере двух тысяч месячных расчетных показателей, с лишением лицензии.

12. Хранение и реализация алкогольной продукции в зданиях и на территориях организаций здравоохранения, образования, физкультурно-оздоровительных, спортивных и спортивно-технических сооружений, автозаправочных станций, торговых рынков, культурно-досуговых организаций -

влекут приостановление действия лицензии.

13. Действия, предусмотренные частью двенадцатой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, -

влекут лишение лицензии.

Сноска. Статья 282 в редакции Закона РК от 29.12.2014 № 272-V (порядок введения в действие см. ст. 2); с изменениями, внесенными законами РК от 27.10.2015 № 364-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 25.12.2017 № 122-VI (порядок введения в действие см. ст. 11); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 11.07.2022 № 137-VII (порядок введения в действие см. ст. 2).

Статья 283. Нарушение правил маркировки (перемаркировки) алкогольной продукции, за исключением вина наливом, пивоваренной продукции, учетно-контрольными марками и табачных изделий средствами идентификации

Сноска. Заголовок статьи 283 в редакции Закона РК от 11.07.2022 № 137-VII (вводится в действие со дня его первого официального опубликования).

1. Нарушение производителем или импортером правил маркировки (перемаркировки) алкогольной продукции, за исключением вина наливом, пивоваренной продукции, учетно-контрольными марками и табачных изделий средствами идентификации –

влечет штраф на субъектов среднего предпринимательства в размере двухсот, на субъектов крупного предпринимательства - в размере пятисот месячных расчетных показателей, с конфискацией подакцизных товаров, явившихся непосредственным предметом правонарушения, а также с лишением лицензии.

2. Оборот подакцизных товаров, подлежащих маркировке средствами идентификации и (или) учетно-контрольными марками, совершенный в виде хранения, реализации и (или) транспортировки подакцизной продукции без средств идентификации и (или) учетно-контрольных марок, а равно с марками и средствами идентификации неустановленного образца и (или) не поддающимися идентификации, –

влечет штраф на физических лиц в размере пятидесяти, на субъектов малого предпринимательства - в размере ста пятидесяти, на субъектов среднего предпринимательства - в размере двухсот, на субъектов крупного предпринимательства - в размере пятисот месячных расчетных показателей, с конфискацией подакцизных товаров, явившихся непосредственным предметом правонарушения, а также с лишением лицензии.

Сноска. Статья 283 в редакции Закона РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 11.07.2022 № 137-VII (вводится в действие со дня его первого официального опубликования).

Статья 283-1. Непредставление либо несвоевременное представление сопроводительных накладных на товары, несоответствие наименования, недостоверное отражение количества (объема) товаров в сопроводительной накладной на товары, а равно недостоверное указание в сопроводительной накладной на товары персонального идентификационного номера-кода на нефтепродукты, этиловый спирт и алкогольную продукцию, биотопливо

Сноска. Заголовок статьи 283-1 с изменением, внесенным Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

1. Непредставление либо несвоевременное представление сопроводительных накладных на товары –

влечет штраф на физических лиц в размере пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере шестидесяти месячных расчетных показателей.

3. Несоответствие наименования, недостоверное отражение количества (объема) товаров в сопроводительной накладной на товары, а равно недостоверное указание в сопроводительной накладной на товары персонального идентификационного номера-кода на нефтепродукты, этиловый спирт и алкогольную продукцию, биотопливо –

влекут штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

4. Деяния, предусмотренные частью третьей настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере шестидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

5. Неоформление сопроводительных накладных на товары, а равно оборот отдельных видов нефтепродуктов, биотоплива, оборот и перемещение этилового спирта и (или) алкогольной продукции без сопроводительных накладных на товары –

влекут штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей с конфискацией этилового спирта и (или) алкогольной продукции, отдельных видов нефтепродуктов, биотоплива, являющихся непосредственными предметами совершения административного правонарушения, и (или) доходов, денег, полученных вследствие административного правонарушения.

6. Действия, предусмотренные частью пятой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере сорока, на субъектов малого предпринимательства – в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей с конфискацией этилового спирта и (или) алкогольной продукции, отдельных видов нефтепродуктов, биотоплива, являющихся непосредственными предметами совершения административного правонарушения, и (или) доходов, денег, полученных вследствие административного правонарушения.

Сноска. Глава 16 дополнена статьей 283-1 в соответствии с Законом РК от 03.12.2015 № 432-V (вводится в действие с 01.01.2020); с изменениями, внесенными Законом РК от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 284. Нарушение порядка применения контрольно-кассовых машин

1. Неприменение контрольно-кассовой машины при осуществлении на территории Республики Казахстан денежных расчетов, производимых при торговых операциях, выполнении работ, оказании услуг посредством наличных денег, а также применение контрольно-кассовой машины, являющейся неисправной или не состоящей на учете в органе государственных доходов по месту использования, –

влекут предупреждение.

2. Действия (бездействие), предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на частных нотариусов, частных судебных исполнителей, субъектов малого предпринимательства в размере пятнадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

3. Невыдача чека контрольно-кассовой машины или товарного чека либо выдача чека контрольно-кассовой машины или товарного чека на сумму больше или меньше уплаченной за товар или услугу –

влечет предупреждение.

4. Деяние, предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на частных нотариусов, частных судебных исполнителей, субъектов малого предпринимательства в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере сорока месячных расчетных показателей.

5. Нарушение сроков подачи налогового заявления для внесения изменений в регистрационные данные контрольно-кассовой машины, замены (восстановления) книги учета наличных денег или книги товарных чеков, а также при технической неисправности контрольно-кассовой машины, устранение которой невозможно без нарушения целостности пломбы органа государственных доходов, –

влечет предупреждение.

6. Деяние, предусмотренное частью пятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на частных нотариусов, частных судебных исполнителей, субъектов малого предпринимательства в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

7. Неотражение в контрольном чеке контрольно-кассовой машины одного или нескольких из следующих реквизитов:

1) наименование налогоплательщика;

2) идентификационный номер;

3) заводской номер контрольно-кассовой машины;

4) регистрационный номер контрольно-кассовой машины в органе государственных доходов;

5) порядковый номер чека;

6) дата и время совершения покупки товаров, выполнения работ, оказания услуг;

7) цена товара, работы, услуги и (или) сумма покупки;

8) фискальный признак либо неотражение в контрольном чеке аппаратно-программных комплексов (за исключением аппаратно-программных комплексов, применяемых банками и организациями, осуществляющими отдельные виды банковских операций) одного или нескольких реквизитов, установленных подпунктами 1) – 7) настоящей части, –

влечет предупреждение.

8. Деяние, предусмотренное частью седьмой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на частных нотариусов, частных судебных исполнителей, субъектов малого предпринимательства в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере сорока месячных расчетных показателей.

9. Незаполнение книги учета наличных денег при эксплуатации контрольно-кассовой машины либо несоответствие показаний сменных отчетов данным книги учета наличных денег на соответствующую дату, либо непроведение записи в книге учета наличных денег при осуществлении в контрольно-кассовой машине операций аннулирования ошибочно введенной суммы или возврата наличных денег за реализованные товары, выполненные работы, оказанные услуги –

влечет предупреждение.

10. Деяние, предусмотренное частью девятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влекут штраф на частных нотариусов, частных судебных исполнителей, субъектов малого предпринимательства в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере сорока месячных расчетных показателей.

11. Несоответствие показаний отчета о текущем состоянии кассы сумме наличных денег в кассе на момент снятия фискального отчета с учетом сумм приема и выдачи наличных денег, не связанных с реализацией товаров, выполнением работ, оказанием услуг, отраженных в книге учета наличных денег, выявленное в ходе налоговой проверки, –

влечет предупреждение.

12. Деяние, предусмотренное частью одиннадцатой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на частных нотариусов, частных судебных исполнителей, субъектов малого предпринимательства в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере сорока месячных расчетных показателей.

13. Нарушение сроков хранения сменного отчета, книги учета наличных денег, товарных чеков, регистрационной карточки контрольно-кассовой машины, чека аннулирования или возврата, а также контрольного чека, по которому проведена операция аннулирования или возврата, установленных налоговым законодательством Республики Казахстан, –

влечет предупреждение.

14. Деяние, предусмотренное частью тринадцатой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на частных нотариусов, частных судебных исполнителей, субъектов малого предпринимательства в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере сорока месячных расчетных показателей.

15. Проведение в контрольно-кассовой машине операций аннулирования ошибочно введенной суммы или возврата наличных денег за реализованные товары, выполненные работы, оказанные услуги без наличия оригинала контрольного чека на реализованные товары, выполненные работы, оказанные услуги –

влечет предупреждение.

16. Деяние, предусмотренное частью пятнадцатой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на частных нотариусов, частных судебных исполнителей, субъектов малого предпринимательства в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

17. Нарушение срока представления контрольно-кассовой машины в орган государственных доходов для установки пломбы после устранения технической неисправности контрольно-кассовой машины, устранение которой невозможно без нарушения целостности пломбы органа государственных доходов, –

влечет предупреждение.

18. Деяние, предусмотренное частью семнадцатой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на частных нотариусов, частных судебных исполнителей, субъектов малого предпринимательства в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

19. Нарушение оператором фискальных данных порядка приема, хранения сведений с контрольно-кассовых машин с функцией фиксации и (или) передачи данных о денежных расчетах, осуществляемых при реализации товаров, выполнении работ, оказании услуг, а также их передачи в органы государственных доходов –

влечет предупреждение.

20. Деяние, предусмотренное частью девятнадцатой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на оператора фискальных данных в размере ста пятидесяти месячных расчетных показателей.

Сноска. Статья 284 с изменениями, внесенными законами РК от 24.11.2015 № 419-V (вводится в действие с 01.01.2016); от 02.04.2019 № 241-VI (вводится в действие с 01.07.2019).

Статья 285. Неисполнение банками и организациями, осуществляющими отдельные виды банковских операций, обязанностей, установленных налоговым законодательством Республики Казахстан

1. Неисполнение банками и организациями, осуществляющими отдельные виды банковских операций, обязанностей, установленных налоговым законодательством Республики Казахстан, совершенное в виде:

1) неуведомления органов государственных доходов об открытии налогоплательщику – юридическому лицу, включая нерезидента, его структурным подразделениям, физическому лицу, состоящему на регистрационном учете в качестве индивидуального предпринимателя, частного нотариуса, частного судебного исполнителя, адвоката, иностранцу и лицу без гражданства банковских счетов посредством передачи по информационно-коммуникационной сети, обеспечивающей гарантированную доставку сообщений, не позднее одного рабочего дня, следующего за днем их открытия, либо при направлении уведомления на бумажном носителе – в течение трех рабочих дней;

2) проведения операции по банковским счетам клиентов без идентификационного номера в платежных документах (за исключением векселя и платежных документов, на основании которых производятся прием и выдача банком наличных денег);

3) исключен Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования);

4) неприостановления по распоряжению органов государственных доходов расходных операций в пределах суммы налоговой задолженности, указанной в таком распоряжении, на банковских счетах (за исключением корреспондентских) физического лица, состоящего на регистрационном учете в качестве индивидуального предпринимателя, частного нотариуса, частного судебного исполнителя, адвоката, юридического лица, структурного подразделения юридического лица, структурного подразделения юридического лица-нерезидента, осуществляющего деятельность в Республике Казахстан через постоянное учреждение, в порядке, установленном законами Республики Казахстан;

5) непредставления в орган государственных доходов в течение срока, установленного налоговым законодательством Республики Казахстан, отчета о движении денег, размещенных на условном банковском вкладе в течение отчетного квартала, при наличии такого движения денег по форме, установленной уполномоченным органом;

6) открытия своему клиенту нового банковского счета при наличии у последнего в данном банке открытого банковского счета, на который органами государственных доходов выставлены инкассовые распоряжения или распоряжения о приостановлении расходных операций по банковским счетам налогоплательщика;

7) открытия банковского счета бездействующему налогоплательщику, налогоплательщику, имеющему налоговую задолженность, задолженность по социальным платежам, информация о котором размещена на интернет-ресурсе уполномоченного органа, –

влечет штраф в размере пяти процентов от суммы совершенных расходных операций по банковским счетам налогоплательщиков за период неисполнения банком обязанностей, установленных налоговым законодательством Республики Казахстан.

2. Неперечисление или несвоевременное перечисление банками и организациями, осуществляющими отдельные виды банковских операций, сумм налогов в бюджет, размещенных по договорам об условном банковском вкладе, –

влечет штраф в размере пятидесяти процентов от суммы неперечисленного или несвоевременно перечисленного налога и другого обязательного платежа в бюджет, размещенного на условном банковском вкладе.

2-1. Неисполнение банками и организациями, осуществляющими отдельные виды банковских операций, в первоочередном порядке платежного поручения налогоплательщика по уплате налогов и других обязательных платежей в бюджет, инкассовых распоряжений органов государственных доходов о взыскании налогов, других обязательных платежей, пеней и штрафов – не позднее одного операционного дня, следующего за днем получения указания налогоплательщика либо органов государственных доходов, –

влечет штраф в размере пяти процентов от суммы, не перечисленной по платежному поручению, или неисполненного инкассового распоряжения.

3. Неисполнение банками и организациями, осуществляющими отдельные виды банковских операций, обязанностей, установленных налоговым законодательством, совершенное в виде:

1) неуведомления органов государственных доходов о закрытии налогоплательщику – юридическому лицу, включая нерезидента, его структурным подразделениям, физическому лицу, состоящему на регистрационном учете в качестве индивидуального предпринимателя, частного нотариуса, частного судебного исполнителя, адвоката, иностранцу и лицу без гражданства банковских счетов посредством передачи по информационно-коммуникационной сети, обеспечивающей гарантированную доставку сообщений, не позднее одного рабочего дня, следующего за днем их открытия, либо при направлении уведомления на бумажном носителе – в течение трех рабочих дней;

2) приема платежных документов в уплату налогов и других обязательных платежей в бюджет, социальных отчислений, отчислений и (или) взносов на обязательное социальное медицинское страхование, перечисления обязательных пенсионных взносов и обязательных профессиональных пенсионных взносов с неправильно указанным идентификационным номером;

3) приема платежных документов в уплату налогов на транспортное средство с неправильно указанным идентификационным номером транспортного средства;

4) неуведомления уполномоченного органа о приостановлении начисления вознаграждения физическому лицу, состоящему на регистрационном учете в качестве индивидуального предпринимателя, или юридическому лицу при прекращении признания доходов в виде вознаграждения по выданному кредиту (займу) – не позднее 31 марта года, следующего за отчетным налоговым периодом;

4-1) непредставления органам государственных доходов сведений по договорам, содержащим условия перехода права (требования) коллекторским агентствам, – не позднее 25 числа месяца, следующего за кварталом;

5) неперечисления (незачисления), несвоевременного перечисления (зачисления) суммы налогов и других обязательных платежей в бюджет, обязательных пенсионных взносов и обязательных профессиональных пенсионных взносов, социальных отчислений, отчислений и (или) взносов на обязательное социальное медицинское страхование либо допущения ошибок при заполнении реквизитов платежного документа по вине банка или организации, осуществляющей отдельные виды банковских операций, при переводе в банк или другую организацию, осуществляющую кассовое исполнение бюджетной системы, суммы налогов и других обязательных платежей в бюджет, пеней, штрафов;

6) недопуска должностного лица органов государственных доходов к проверке наличия денег и совершаемых операций по банковским счетам проверяемого физического лица, состоящего на регистрационном учете в качестве индивидуального предпринимателя, частного нотариуса, частного судебного исполнителя, адвоката, или юридического лица;

7) неуведомления органа государственных доходов о возникновении у налогоплательщика-заемщика дохода от списания обязательств в течение тридцати календарных дней со дня списания обязательств по выданным кредитам (займам) с заемщика, являющегося физическим лицом, состоящим на регистрационном учете в качестве индивидуального предпринимателя, или юридическим лицом;

8) непредставления в течение десяти рабочих дней со дня получения запроса органа государственных доходов информации о наличии и номерах банковских счетов, об остатках и движении денег на этих счетах у налогоплательщиков, а также о предоставленных кредитах проверяемому физическому лицу с указанием сумм погашения, включая вознаграждение, –

9) непредставления, несвоевременного, недостоверного или неполного представления по сети телекоммуникаций сведений о наличии (открытии), номерах банковских счетов и остатках денег на этих счетах, а также наличии, виде и стоимости иного имущества, в том числе размещенного на металлических счетах или находящегося в управлении физических и юридических лиц-нерезидентов, а также юридических лиц, бенефициарными собственниками которых являются нерезиденты, а равно по запросу органов государственных доходов –

влечет штраф в размере тридцати месячных расчетных показателей.

Сноска. Статья 285 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 16.11.2015 № 406-V (вводится в действие с 01.07.2017); от 18.11.2015 № 412-V (вводится в действие с 01.01.2021); от 30.11.2016 № 26-VI (вводится в действие с 01.01.2017); от 25.12.2017 № 122-VI (вводится в действие с 01.01.2018); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 285-1. Неисполнение кастодианами, брокерами и (или) дилерами, обладающими правом ведения счетов клиентов в качестве номинальных держателей ценных бумаг, управляющими инвестиционным портфелем, страховыми организациями, коллекторскими агентствами обязанностей, установленных налоговым законодательством Республики Казахстан

Сноска. Заголовок статьи 285-1 в редакции Закона РК от 02.07.2018 № 166-VI (вводится в действие с 01.01.2019).

1. Непредставление, несвоевременное, недостоверное или неполное представление кастодианами, брокерами и (или) дилерами, обладающими правом ведения счетов клиентов в качестве номинальных держателей ценных бумаг, сведений о наличии счетов для учета ценных бумаг, открытым физическим лицам-нерезидентам, юридическим лицам-нерезидентам, а также юридическим лицам, бенефициарными собственниками которых являются нерезиденты, а также об остатках и движении ценных бумаг по этим счетам –

влекут штраф в размере тридцати месячных расчетных показателей.

2. Непредставление, несвоевременное, недостоверное или неполное представление кастодианами, управляющими инвестиционным портфелем, сведений о наличии активов, за исключением указанных в части первой настоящей статьи, принадлежащих физическим лицам-нерезидентам, юридическим лицам-нерезидентам, а также юридическим лицам, бенефициарными собственниками которых являются нерезиденты, –

влекут штраф в размере тридцати месячных расчетных показателей.

3. Непредставление, несвоевременное, недостоверное или неполное представление страховыми организациями, осуществляющими деятельность в отрасли "страхование жизни", сведений о заключенных договорах накопительного страхования, выгодоприобретателями по которым являются физические лица-нерезиденты, –

влекут штраф в размере тридцати месячных расчетных показателей.

4. Непредставление, несвоевременное, недостоверное или неполное представление коллекторскими агентствами сведений по договорам, содержащим условия перехода права (требования) к коллекторскому агентству, –

влекут штраф в размере тридцати месячных расчетных показателей.

Сноска. Кодекс дополнен статьей 285-1 в соответствии с Законом РК от 30.11.2016 № 26-VI (вводится в действие с 01.01.2017); с изменениями, внесенными законами РК от 25.12.2017 № 122-VI (вводится в действие с 01.01.2018); от 02.07.2018 № 166-VI (вводится в действие с 01.01.2019).

Статья 286. Представление заведомо ложных сведений о банковских операциях

Представление банками и организациями, осуществляющими отдельные виды банковских операций, заведомо ложных сведений об операциях по банковским счетам юридических или физических лиц, а равно выдача поручительств, гарантий и иных обязательств, заведомо не обеспеченных фактическим финансовым состоянием данного банка, если эти действия не повлекли причинение крупного ущерба физическому или юридическому лицу либо государству, –

влекут штраф в размере пятидесяти месячных расчетных показателей.

Примечание. Крупным размером ущерба, причиненного физическому лицу, признается сумма, превышающая две тысячи, юридическому лицу – двадцать тысяч размеров месячных расчетных показателей на момент совершения правонарушения.

Статья 287. Неисполнение обязанностей, установленных налоговым законодательством Республики Казахстан, налогоплательщиками при экспорте и импорте товаров, выполнении работ, оказании услуг в Евразийском экономическом союзе, а также невыполнение лицами требований, установленных законодательством Республики Казахстан

Сноска. Заголовок статьи 287 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Неуплата, неполная уплата либо несвоевременная уплата косвенных налогов в срок, установленный налоговым законодательством Республики Казахстан, –

влекут штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Непредставление налогоплательщиком в орган государственных доходов обязательств о ввозе (вывозе) продуктов переработки и их неисполнение, предусмотренные налоговым законодательством Республики Казахстан, –

влекут штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

3. Неуведомление либо несвоевременное уведомление органов государственных доходов в следующих случаях:

1) при временном ввозе товаров на территорию Республики Казахстан с территории государств-членов Евразийского экономического союза, которые в последующем будут вывезены с территории Республики Казахстан без изменения свойств и характеристик ввезенных товаров;

2) при временном вывозе товаров с территории Республики Казахстан на территорию государств-членов Евразийского экономического союза, которые в последующем будут ввезены на территорию Республики Казахстан без изменения свойств и характеристик вывезенных товаров, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

4. Нарушение установленных налоговым законодательством Республики Казахстан сроков переработки давальческого сырья, вывезенного с территории Республики Казахстан на территорию государства-члена Евразийского экономического союза, а также ввезенного на территорию Республики Казахстан с территории государства-члена Евразийского экономического союза, –

влечет штраф на субъектов малого предпринимательства в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере тридцати процентов от суммы начисленных налогов.

5. Неуведомление либо несвоевременное уведомление организатором выставочно-ярмарочной торговли о проведении такой торговли –

влечет штраф на субъектов малого предпринимательства в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

6. Нарушение организатором порядка организации выставочно-ярмарочной торговли –

влечет штраф на субъектов малого предпринимательства в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

7. Исключен Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Примечание. Для целей части первой настоящей статьи в случае, если лицо подлежит привлечению к административной ответственности за непринятие на учет товаров, импортированных на территорию Республики Казахстан с территории государств-членов Евразийского экономического союза, предусмотренной статьей 275 настоящего Кодекса, такое лицо не подлежит привлечению к административной ответственности, предусмотренной частью первой настоящей статьи.

Сноска. Статья 287 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 288. Невыполнение законных требований органов государственных доходов и их должностных лиц

Сноска. Заголовок статьи 288 в редакции Закона РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).

1. Невыполнение налогоплательщиком законных требований органов государственных доходов и их должностных лиц -

влечет предупреждение.

2. Действия (бездействие), предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере пятнадцати месячных расчетных показателей.

3. Незаконное воспрепятствование доступу должностного лица органов государственных доходов, проводящего налоговую проверку, на территорию или в помещение, используемые налогоплательщиком (кроме жилых помещений) для предпринимательской деятельности, -

влечет штраф в размере сорока пяти месячных расчетных показателей.

4. Действия (бездействие), предусмотренные частью третьей настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере шестидесяти месячных расчетных показателей.

Сноска. Статья 288 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Глава 17. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ
ЭНЕРГОСБЕРЕЖЕНИЯ И ПОВЫШЕНИЯ ЭНЕРГОЭФФЕКТИВНОСТИ

Статья 289. Несоблюдение нормативных значений коэффициента мощности в электрических сетях и превышение нормативов энергопотребления

1. Несоблюдение нормативных значений коэффициента мощности в электрических сетях –

влечет предупреждение на субъектов малого предпринимательства, штраф на субъектов среднего предпринимательства в размере десяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

2. Превышение нормативов энергопотребления –

влечет предупреждение на субъектов малого предпринимательства, штраф на субъектов среднего предпринимательства в размере трех, на субъектов крупного предпринимательства – в размере десяти процентов от стоимости энергетических ресурсов, использованных сверх утвержденных нормативов за период, в котором произошло правонарушение, но не более чем за один год.

3. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

4. Деяние, предусмотренное частью второй настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере пяти, на субъектов среднего предпринимательства – в размере десяти, на субъектов крупного предпринимательства – в размере тридцати процентов от стоимости энергетических ресурсов, использованных сверх утвержденных нормативов за период, в котором произошло правонарушение, но не более чем за один год.

Примечание. Стоимость энергетического ресурса определяется на основе рыночной цены на момент выявления правонарушения.

Сноска. Статья 289 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 290. Неисполнение обязанности по недопущению прямых потерь энергетических ресурсов, воды при осуществлении их производства и передачи

Сноска. Статья 290 исключена Законом РК от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 291. Приемка в эксплуатацию новых объектов, потребляющих энергетические ресурсы, которые не оснащены соответствующими приборами учета энергетических ресурсов и автоматизированными системами регулирования теплопотребления

Сноска. Статья 291 исключена Законом РК от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 292. Нарушение субъектами Государственного энергетического реестра обязанности по предоставлению информации, вносимой в Государственный энергетический реестр, требования об обязательном ежегодном снижении объема потребления энергетических ресурсов и воды на единицу продукции, площади зданий, строений и сооружений до величин, определенных по итогам энергоаудита

Сноска. Заголовок статьи 292 в редакции Закона РК от 14.01.2015 № 279-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Нарушение субъектами Государственного энергетического реестра обязанности по предоставлению информации, вносимой в Государственный энергетический реестр, требования об обязательном ежегодном снижении объема потребления энергетических ресурсов и воды на единицу продукции, площади зданий, строений и сооружений до величин, определенных по итогам энергоаудита, в течение пяти лет после прохождения энергоаудита –

влечет штраф на субъектов малого предпринимательства в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

Сноска. Статья 292 с изменением, внесенным Законом РК от 14.01.2015 № 279-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 293. Отсутствие заключения по энергосбережению и повышению энергоэффективности у субъекта Государственного энергетического реестра

Сноска. Заголовок статьи 293 - в редакции Закона РК от 08.07.2024 № 122-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

1. Отсутствие заключения по энергосбережению и повышению энергоэффективности у субъекта Государственного энергетического реестра –

влечет штраф на субъектов малого предпринимательства в размере пяти, на субъектов среднего предпринимательства – в размере десяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

Сноска. Статья 293 с изменениями, внесенными законами РК от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 08.07.2024 № 122-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 294. Нарушение ограничений по продаже и использованию продукции в области энергосбережения и повышения энергоэффективности

Сноска. Заголовок статьи 294 в редакции Закона РК от 14.01.2015 № 279-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Использование электрических ламп накаливания мощностью 25 Вт и выше, которые могут быть использованы в цепях переменного тока в целях освещения, –

влекут штраф на субъектов малого предпринимательства в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей, с конфискацией электрических ламп накаливания мощностью 25 Вт и выше, которые могут быть использованы в цепях переменного тока в целях освещения.

2. Деяния, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на субъектов малого предпринимательства в размере сорока, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей, с конфискацией электрических ламп накаливания мощностью 25 Вт и выше, которые могут быть использованы в цепях переменного тока в целях освещения.

3. Продажа и (или) использование энергопотребляющих устройств, не содержащих в технической документации и на этикетках информацию о классе и характеристиках энергоэффективности в соответствии с техническим регламентом Таможенного союза или Евразийского экономического союза, –

влекут штраф на субъектов малого предпринимательства в размере трех, на субъектов среднего предпринимательства – в размере шести, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

4. Деяния, предусмотренные частью третьей настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на субъектов малого предпринимательства в размере шести, на субъектов среднего предпринимательства – в размере двенадцати, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Сноска. Статьи 294 с изменениями, внесенными законами РК от 14.01.2015 № 279-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 29.10.2015 № 376-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018); от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 295. Неисполнение обязанности по созданию, внедрению и организации работы системы энергоменеджмента субъектами Государственного энергетического реестра

Сноска. Статья 295 исключена Законом РК от 14.01.2015 № 279-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 296. Несоблюдение порядка проведения энергоаудита, установленного законодательством Республики Казахстан об энергосбережении и повышении энергоэффективности

Сноска. Заголовок статьи 296 в редакции Закона РК от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Несоблюдение порядка проведения энергоаудита, установленного законодательством Республики Казахстан об энергосбережении и повышении энергоэффективности, –

влечет штраф на субъектов малого предпринимательства в размере десяти, на субъектов среднего предпринимательства – в размере пятнадцати, на субъектов крупного предпринимательства – в размере восьмидесяти месячных расчетных показателей.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере пятнадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей, с исключением из реестра юридических лиц, осуществляющих деятельность в области энергосбережения и повышения энергоэффективности.

Сноска. Статья 296 с изменениями, внесенными законами РК от 14.01.2015 № 279-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 29.03.2016 № 479-V (вводится в действие c 01.01.2017); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Глава 18. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ
ПРОМЫШЛЕННОСТИ, ИСПОЛЬЗОВАНИЯ ТЕПЛОВОЙ, ЭЛЕКТРИЧЕСКОЙ
И АТОМНОЙ ЭНЕРГИИ

Статья 297. Нарушение требований безопасности при обращении с взрывчатыми материалами, радиоактивными и иными экологически опасными веществами

1. Нарушение требований безопасности при производстве, хранении, захоронении, уничтожении, использовании, утилизации, транспортировке или ином обращении с взрывчатыми материалами, пиротехническими веществами, радиоактивными, бактериологическими, химическими и иными экологически опасными веществами и отходами в отраслях промышленности и на объектах, подконтрольных органам надзора, за исключением случаев, предусмотренных статьей 416 настоящего Кодекса, если эти действия не содержат признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Нарушение установленных правил производства, хранения, захоронения, использования, утилизации, транспортировки или иного обращения ядерных материалов, радиоактивных веществ, специальных неядерных материалов и изделий двойного назначения, имеющих отношение к ядерной деятельности, за исключением случаев, предусмотренных статьей 416 настоящего Кодекса, –

влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства – в размере шестидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Статья 297-1. Ввоз на территорию Республики Казахстан и вывоз с территории Республики Казахстан драгоценных металлов, драгоценных камней, сырьевых товаров, содержащих драгоценные металлы, ювелирных и других изделий из драгоценных металлов и драгоценных камней

1. Ввоз на территорию Республики Казахстан и вывоз с территории Республики Казахстан драгоценных металлов, драгоценных камней, сырьевых товаров, содержащих драгоценные металлы, ювелирных и других изделий из драгоценных металлов и драгоценных камней с нарушением законодательства Республики Казахстан –

влекут штраф на физических лиц в размере тридцати, на должностных лиц, субъектов малого предпринимательства – в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере пятидесяти, на должностных лиц, субъектов малого предпринимательства – в размере ста восьмидесяти, на субъектов среднего предпринимательства – в размере семисот, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

Сноска. Глава 18 дополнена статьей 297-1 в соответствии с Законом РК от 14.01.2016 № 445-V (вводится в действие по истечении двадцати одного календарного дня после дня его первого официального опубликования).

Статья 298. Нарушение правил по безопасному ведению работ

1. Нарушение установленных требований по безопасному ведению работ в отраслях промышленности, горных и строительных работ либо на объектах, поднадзорных уполномоченному органу в области промышленной безопасности и другим государственным органам контроля и надзора, если это не повлекло по неосторожности причинение тяжкого или средней тяжести вреда здоровью человека, –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Нарушение требований промышленной безопасности при разработке проектов строительства, реконструкции, модернизации, ликвидации опасных производственных объектов –

влечет штраф на физических лиц в размере двадцати, на должностных лиц, субъектов малого предпринимательства – в размере сорока пяти, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

3. Сокрытие факта аварии, инцидента на опасном производственном объекте –

влечет штраф на должностных лиц, субъектов малого предпринимательства или некоммерческие организации в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

4. Действие (бездействие), предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц, субъектов малого предпринимательства или некоммерческие организации в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

Сноска. Статья 298 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 299. Нарушение законодательства Республики Казахстан при проведении аттестуемых видов работ в области промышленной безопасности и безопасности плотин, эксплуатации подпорных гидротехнических сооружений

Сноска. Заголовок статьи 299 с изменением, внесенным Законом РК от 28.10.2019 № 268-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Нарушение законодательства Республики Казахстан при проведении аттестуемых видов работ в области промышленной безопасности и безопасности плотин, совершенное в виде:

1) выдачи экспертных заключений, в том числе в области взрывных работ, содержащих неполную и (или) недостоверную информацию о соответствии (несоответствии) объекта экспертизы по результатам проведенных экспертиз в области промышленной безопасности;

2) разработки деклараций промышленной безопасности опасных производственных объектов, несоответствующих требованиям промышленной безопасности;

3) несоответствия подготовки, переподготовки специалистов, работников опасных производственных объектов требованиям промышленной безопасности;

4) проведения технического обслуживания газопотребляющих систем, не обеспечивающего их исправное состояние;

5) выдачи экспертных заключений, разработки деклараций безопасности плотин, содержащих неполную и (или) недостоверную информацию о их соответствии (несоответствии) требованиям, установленным водным законодательством Республики Казахстан, –

влечет штраф на субъектов малого предпринимательства в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей, с приостановлением действия аттестата либо без такового.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, а равно неустранение нарушений, предусмотренных частью первой настоящей статьи, –

влекут штраф на субъектов малого предпринимательства в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей, с лишением аттестата.

3. Эксплуатация подпорных гидротехнических сооружений, соответствующих критериям отнесения плотин к декларируемым, без наличия декларации безопасности –

влечет штраф на физических лиц, субъектов малого предпринимательства или некоммерческие организации в размере двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

4. Действие, предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц, субъектов малого предпринимательства или некоммерческие организации в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

Сноска. Статья 299 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.10.2019 № 268-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 300. Нарушение утвержденных правил устройства электроустановок, технической эксплуатации электрических станций и сетей, техники безопасности при эксплуатации тепломеханического оборудования электростанций и тепловых сетей, технической эксплуатации электроустановок потребителей, техники безопасности при эксплуатации электроустановок, техники безопасности при эксплуатации электроустановок потребителей, а также нарушение установленных режимов энергопотребления

1. Нарушение утвержденных правил устройства электроустановок, технической эксплуатации электрических станций и сетей, техники безопасности при эксплуатации тепломеханического оборудования электростанций и тепловых сетей, технической эксплуатации электроустановок потребителей, техники безопасности при эксплуатации электроустановок, техники безопасности при эксплуатации электроустановок потребителей, приведшее к состоянию, угрожающему аварией, загрязнением окружающей среды, пожаром, или опасному для жизни обслуживающего персонала, а также нарушение установленных режимов энергопотребления, повлекшее ограничения и (или) отключения других потребителей энергии, –

влечет штраф на должностных лиц или первых руководителей энергопроизводящей, энергопередающей организаций и субъекта теплоснабжения в размере пятидесяти месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на должностных лиц или первых руководителей энергопроизводящей, энергопередающей организаций и субъекта теплоснабжения в размере ста месячных расчетных показателей.

3. Нарушение правил технической эксплуатации электрических станций и сетей в части общего руководства за техническим состоянием оборудования, зданий и сооружений, выполнением объемов ремонтных работ, обеспечивающих стабильность установленных показателей эксплуатации, полноту выполнения подготовительных работ, своевременным обеспечением запланированных объемов ремонтных работ запасными частями и материалами, а также за сроки и качество выполненных ремонтных работ, а также в части общего руководства работой по технике безопасности –

влечет штраф на должностных лиц или первых руководителей энергопроизводящей, энергопередающей организаций и субъекта теплоснабжения в размере пятидесяти месячных расчетных показателей.

4. Действия, предусмотренные частью третьей настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на должностных лиц или первых руководителей энергопроизводящей, энергопередающей организаций и субъекта теплоснабжения в размере ста месячных расчетных показателей.

Сноска. Статья 300 - в редакции Законом РК от 08.07.2024 № 122-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 300-1. Превышение энергопередающими организациями утвержденных нормативных значений показателей надежности электроснабжения

Превышение энергопередающей организацией нормативных значений показателей надежности электроснабжения –

влечет штраф на должностное лицо энергопередающей организации в размере ста двадцати пяти месячных расчетных показателей.

Примечание. Под должностным лицом энергопередающей организации в настоящей статье следует понимать первого руководителя энергопередающей организации или лицо, исполняющее его обязанности.

Сноска. Глава 18 дополнена статьей 300-1 в соответствии с Законом РК от 29.03.2016 № 479-V (вводится в действие по истечении двадцати одного календарного дня после дня его первого официального опубликования).

Статья 300-2. Несоблюдение утвержденных нормативов запасов топлива энергопроизводящими организациями и теплопроизводящими субъектами в осенне-зимний период

1. Несоблюдение утвержденных нормативов запасов топлива энергопроизводящими организациями и теплопроизводящими субъектами в осенне-зимний период –

влечет штраф на субъектов малого предпринимательства в размере ста, на субъектов среднего предпринимательства – в размере пятисот, на субъектов крупного предпринимательства – в размере тысячи месячных расчетных показателей.

2. Несоблюдение утвержденных нормативов запасов топлива энергопроизводящими организациями и теплопроизводящими субъектами, повлекшее за собой остановку основного оборудования электростанции и котельной, –

влечет штраф на субъектов малого предпринимательства в размере двухсот, на субъектов среднего предпринимательства – в размере тысячи, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

Сноска. Закон дополнен статьей 300-2 в соответствии с Законом от 08.07.2024 № 122-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 301. Нарушение срока получения паспорта готовности

1. Нарушение энергопроизводящими, энергопередающими организациями, субъектами теплоснабжения срока получения паспорта готовности для работы в осенне-зимний период –

влечет штраф на должностных лиц в размере пятидесяти, на субъектов малого предпринимательства – в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере пятисот, на субъектов крупного предпринимательства – в размере тысячи пятисот месячных расчетных показателей.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц в размере ста, на субъектов малого предпринимательства – в размере двухсот, на субъектов среднего предпринимательства – в размере одной тысячи, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

Примечание. Под должностным лицом энергопроизводящей, энергопередающей организаций и субъекта теплоснабжения в настоящей статье следует понимать первого руководителя энергопроизводящей, энергопередающей организаций и субъекта теплоснабжения или лицо, исполняющее его обязанности.

Сноска. Статья 301 - в редакции Закона от 08.07.2024 № 122-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 301-1. Нарушение требований к выдаче технических условий на подключение к электрическим и тепловым сетям

1. Нарушение требований к порядку и срокам выдачи технических условий на подключение к электрическим и тепловым сетям –

влечет штраф на субъектов малого предпринимательства в размере двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Отказ в приеме документов и (или) выдаче технических условий на подключение к электрическим и тепловым сетям –

влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Сноска. Глава 18 дополнена статьей 301-1 в соответствии с Законом РК от 11.07.2017 № 89-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 301-2. Нарушение требований о предоставлении информации о технологических нарушениях

1. Несвоевременное, недостоверное предоставление энергопроизводящей, энергопередающей организациями и субъектами теплоснабжения информации о возникших технологических нарушениях –

влечет штраф на субъектов малого предпринимательства в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

2. Сокрытие энергопроизводящей, энергопередающей организациями и субъектами теплоснабжения информации о возникших технологических нарушениях –

влечет штраф на субъектов малого предпринимательства в размере двухсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

Сноска. Глава 18 дополнена статьей 301-2 в соответствии с Законом РК от 11.07.2017 № 89-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными Законом от 08.07.2024 № 122-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 301-3. Нарушение правил организации технического обслуживания и ремонта оборудования, зданий и сооружений электростанций, источников тепловой энергии, тепловых и электрических сетей

1. Нарушение правил организации технического обслуживания и ремонта оборудования, зданий и сооружений электростанций, источников тепловой энергии, тепловых и электрических сетей в части утверждения перспективного плана ремонта оборудования, зданий и сооружений электростанций, тепловых и электрических сетей энергопроизводящими, энергопередающими организациями, субъектами теплоснабжения –

влечет штраф на должностных лиц или первых руководителей энергопроизводящей, энергопередающей организаций и субъекта теплоснабжения в размере пятидесяти месячных расчетных показателей.

2. Нарушение правил организации технического обслуживания и ремонта оборудования, зданий и сооружений электростанций, источников тепловой энергии, тепловых и электрических сетей в части соблюдения сроков и видов ремонта, в том числе несогласованный перенос сроков ремонта основного оборудования электростанций, источников тепловой энергии, линий электропередачи, подстанций и тепловых сетей, –

влечет штраф на должностных лиц или первых руководителей энергопроизводящей, энергопередающей организаций и субъекта теплоснабжения в размере пятидесяти месячных расчетных показателей.

3. Действие, предусмотренное частью второй настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц или первых руководителей энергопроизводящей, энергопередающей организаций и субъекта теплоснабжения в размере ста месячных расчетных показателей.

Сноска. Закон дополнен статьей 301-3 в соответствии с Законом от 08.07.2024 № 122-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 302. Повреждение электрических сетей

1. Повреждение электрических сетей напряжением до 1000 вольт (воздушных линий электропередачи, подземных и подводных кабельных линий, трансформаторных и преобразовательных подстанций, распределительных устройств и переключающих пунктов) –

влечет штраф на физических лиц в размере пятидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере двухсот пятидесяти, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

2. Повреждение электрических сетей напряжением свыше 1000 вольт (воздушных линий электропередачи, подземных и подводных кабельных линий, трансформаторных и преобразовательных подстанций, распределительных устройств и переключающих пунктов) –

влечет штраф на физических лиц в размере семидесяти пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двухсот пятидесяти, на субъектов среднего предпринимательства – в размере пятисот, на субъектов крупного предпринимательства – в размере тысячи месячных расчетных показателей.

3. Действие, предусмотренное частью первой настоящей статьи, вызвавшее перерыв в обеспечении потребителей электрической энергией и причинившее ущерб, а равно совершенное повторно в течение года, –

влечет штраф на физических лиц в размере ста, на субъектов малого предпринимательства или некоммерческие организации – в размере трехсот, на субъектов среднего предпринимательства – в размере пятисот, на субъектов крупного предпринимательства – в размере тысячи месячных расчетных показателей.

4. Действие, предусмотренное частью второй настоящей статьи, вызвавшее перерыв в обеспечении потребителей электрической энергией и причинившее ущерб, а равно совершенное повторно в течение года, –

влечет штраф на физических лиц в размере ста пятидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере пятисот, на субъектов среднего предпринимательства – в размере тысячи, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

Сноска. Статья 302 - в редакции Закона от 08.07.2024 № 122-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 303. Нарушение законодательства Республики Казахстан в области поддержки использования возобновляемых источников энергии

1. Неисполнение и (или) ненадлежащее исполнение установленной законодательным актом Республики Казахстан о поддержке использования возобновляемых источников энергии обязанности покупать электрическую, тепловую энергию, производимую энергопроизводящими организациями, использующими возобновляемые источники энергии, –

влекут штраф на субъектов малого предпринимательства в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере тысячи пятисот месячных расчетных показателей.

2. Нарушение законодательства Республики Казахстан в области поддержки использования возобновляемых источников энергии, совершенное в виде нарушения порядка и сроков определения ближайшей точки подключения к электрическим или тепловым сетям и подключения объектов по использованию возобновляемых источников энергии, –

влечет штраф на субъектов малого предпринимательства в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере тысячи пятисот месячных расчетных показателей.

3. Деяния, предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на субъектов малого предпринимательства в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере трехсот пятидесяти, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

Статья 304. Повреждение тепловых сетей

Повреждение тепловых сетей (трубопроводов и их конструкций, каналов, тепловых камер, насосных станций), если это деяние не повлекло реальную угрозу причинения вреда здоровью людей и окружающей среде, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Статья 305. Производство работ в охранных зонах линий электрических и тепловых сетей, объектов систем газоснабжения

Производство строительных, монтажных, земляных, погрузочно-разгрузочных работ, поисковых работ, связанных с устройством скважин и шурфов, обустройство площадок, стоянок автомобильного транспорта, размещение рынков, строений, сооружений, складирование материалов, сооружение ограждений и заборов, сброс и слив едких коррозионных веществ и горюче-смазочных материалов в охранных зонах линий электрических и тепловых сетей, объектов систем газоснабжения без согласования с организацией, в ведении которой находятся электрические или тепловые сети либо объекты систем газоснабжения, –

влекут штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Сноска. Статья 305 с изменением, внесенным Законом РК от 11.07.2017 № 89-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 306. Нарушение требований по использованию газа, безопасности эксплуатации объектов систем газоснабжения

1. Нарушение требований по безопасности эксплуатации газопотребляющих систем и газового оборудования бытовых и коммунально-бытовых потребителей, установленных законодательством Республики Казахстан о газе и газоснабжении, –

влечет штраф на физических лиц в размере семи, на субъектов малого предпринимательства – в размере десяти, на субъектов среднего предпринимательства – в размере пятнадцати, на субъектов крупного предпринимательства – в размере двадцати месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

3. Самовольное возобновление подачи товарного или сжиженного нефтяного газа в газопотребляющую систему –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

4. Нарушение требований по безопасности эксплуатации объектов систем газоснабжения, за исключением газопотребляющих систем и газового оборудования бытовых и коммунально-бытовых потребителей, установленных законодательством Республики Казахстан о газе и газоснабжении, –

влечет штраф на субъектов малого предпринимательства в размере двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

5. Действие, предусмотренное частью четвертой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

Статья 307. Непринятие мер к обеспечению подготовленности резервного топливного хозяйства

Непринятие мер к обеспечению подготовленности к работе предусмотренного для промышленных и (или) коммунально-бытовых потребителей резервного топливного хозяйства или неподготовленность газопотребляющих систем промышленных и (или) коммунально-бытовых потребителей к работе на установленных резервных видах топлива –

влечет предупреждение или штраф в размере двадцати месячных расчетных показателей.

Статья 308. Повреждение нефтепроводов, газопроводов и их оборудования

Сноска. Заголовок статьи 308 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Повреждение нефтепроводов и газопроводов и их оборудования или незаконные установка, перемещение, подключение к сети приборов, а также иные нарушения правил их эксплуатации, которые могли быть причиной аварии, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Деяния, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двадцати пяти, на субъектов малого предпринимательства – в размере тридцати пяти, на субъектов среднего предпринимательства – в размере сорока пяти, на субъектов крупного предпринимательства – в размере пятидесяти пяти месячных расчетных показателей.

Сноска. Статья 308 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 309. Повреждение территорий при производстве строительных и ремонтных работ

Раскопка без соответствующего разрешения дворов, улиц и площадей, загромождение их строительными материалами, непринятие мер к приведению в порядок мест раскопок, а также строительных площадок после окончания строительства и ремонта –

влекут предупреждение или штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Статья 309-1. Самовольное подключение к электрическим сетям

1. Самовольное подключение к электрическим сетям –

влечет штраф на физических лиц в размере пятидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере ста, на субъектов малого предпринимательства или некоммерческие организации – в размере двухсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

Сноска. Глава 18 дополнена статьей 309-1 в соответствии с Законом от 18.07.2024 № 127-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 309-2. Самовольное подключение к тепловым сетям централизованной системы теплоснабжения и (или) местной системы теплоснабжения

1. Самовольное подключение к тепловым сетям централизованной системы теплоснабжения и (или) местной системы теплоснабжения –

влечет штраф на физических лиц в размере пятидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере ста, на субъектов малого предпринимательства или некоммерческие организации – в размере двухсот, на субъектов среднего предпринимательства – в размере пятисот, субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

Сноска. Глава 18 дополнена статьей 309-2 в соответствии с Законом от 08.07.2024 № 122-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Глава 19. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ КОСМИЧЕСКОЙ ДЕЯТЕЛЬНОСТИ

Статья 310. Нарушение законодательства Республики Казахстан в области космической деятельности

1. Нарушение законодательства Республики Казахстан в области космической деятельности, совершенное в виде:

1) реализации проекта в области космической деятельности, по которому отсутствует положительное заключение отраслевой экспертизы в области космической деятельности;

2) запуска космического объекта с территории Республики Казахстан, а также за ее пределами в случае его осуществления казахстанским участником космической деятельности без положительного решения Правительства Республики Казахстан о запуске космического объекта;

3) уклонения от государственной регистрации космического объекта;

4) создания непосредственной угрозы жизни и здоровью людей;

5) использования космической техники и (или) небесных тел для негативного воздействия на окружающую среду;

6) нарушения международных норм и стандартов по загрязнению космического пространства, –

влечет штраф на физических лиц в размере пятидесяти, на должностных лиц – в размере ста, на субъектов малого предпринимательства – в размере ста семидесяти пяти, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей, с приостановлением действия лицензии на право осуществления деятельности в сфере использования космического пространства на шесть месяцев или без такового.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет лишение лицензии.

Статья 311. Нарушение правил создания и эксплуатации (применения) космических систем на территории Республики Казахстан, а также в космическом пространстве

1. Нарушение правил создания и эксплуатации (применения) космических систем на территории Республики Казахстан, а также в космическом пространстве, выразившееся в эксплуатации космической системы, результаты которой привели к превышению предельно допустимых значений воздействия опасных и вредных факторов производственной деятельности на эксплуатирующий персонал, население, космическую систему, сопрягаемые объекты, окружающую среду и околоземное пространство, –

влечет штраф на физических лиц в размере тридцати, на субъектов малого предпринимательства – в размере сорока, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей, с приостановлением действия лицензии на право осуществления деятельности в сфере использования космического пространства на шесть месяцев или без такового.

2. Неустранение нарушений, повлекших привлечение к административной ответственности, предусмотренной частью первой настоящей статьи, по истечении срока приостановления действия лицензии на право осуществления деятельности в сфере использования космического пространства –

влечет лишение лицензии.

Глава 20. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В СФЕРАХ АРХИТЕКТУРНОЙ, ГРАДОСТРОИТЕЛЬНОЙ, СТРОИТЕЛЬНОЙ ДЕЯТЕЛЬНОСТИ И ЖИЛИЩНЫХ ОТНОШЕНИЙ

Сноска. Заголовок главы 20 в редакции Закона РК от 29.12.2014 № 272-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Cтатья 312. Выполнение предпроектных, изыскательских, проектных, строительно-монтажных работ с нарушением требований законодательства Республики Казахстан и государственных нормативов в сфере архитектурной, градостроительной и строительной деятельности, за исключением требований, установленных техническими регламентами

Сноска. Заголовок в редакции Закона РК от 05.10.2018 № 184-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

1. Выполнение предпроектных, изыскательских, проектных, строительно-монтажных работ с нарушением требований законодательства Республики Казахстан и государственных нормативов в сфере архитектурной, градостроительной и строительной деятельности, за исключением требований, установленных техническими регламентами, –

влекут штраф на должностных лиц в размере шестидесяти, на субъектов малого предпринимательства – в размере двухсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере семисот месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на должностных лиц в размере ста двадцати, на субъектов малого предпринимательства – в размере четырехсот, на субъектов среднего предпринимательства – в размере восьмисот, на субъектов крупного предпринимательства – в размере тысячи четырехсот месячных расчетных показателей, с лишением лицензии.

Сноска. Статья 312 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 313. Нарушение требований утвержденных строительных норм и проектных документов при производстве строительно-монтажных и ремонтно-восстановительных работ, за исключением требований, установленных техническими регламентами

Сноска. Заголовок в редакции Закона РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

1. Нарушение требований утвержденных строительных норм и проектных документов при производстве строительно-монтажных и ремонтно-восстановительных работ, за исключением требований, установленных техническими регламентами, повлекшее за собой ухудшение эксплуатационных качеств, снижение прочности, устойчивости зданий, строений, их частей, –

влечет штраф на должностных лиц в размере сорока, на субъектов малого предпринимательства – в размере двухсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере семисот месячных расчетных показателей, с приостановлением действия лицензии.

2. Совершение действий, указанных в части первой настоящей статьи, повлекшее за собой потерю прочности, устойчивости зданий, строений, их частей или отдельных конструктивных элементов, –

влечет штраф на должностных лиц в размере восьмидесяти, на субъектов малого предпринимательства – в размере четырехсот, на субъектов среднего предпринимательства – в размере восьмисот, на субъектов крупного предпринимательства – в размере тысячи четырехсот месячных расчетных показателей, с лишением лицензии.

Сноска. Статья 313 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 314. Производство строительных, строительно-монтажных, ремонтно-восстановительных работ при возведении и реконструкции объектов без утвержденной в установленном порядке проектной документации, за исключением требований, установленных техническими регламентами

Сноска. Заголовок с изменением, внесенным Законом РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

1. Производство строительных, строительно-монтажных, ремонтно- восстановительных работ при возведении и реконструкции объектов без утвержденной в установленном порядке проектной документации, за исключением требований, установленных техническими регламентами, –

влечет штраф на должностных лиц в размере сорока, на субъектов малого предпринимательства – в размере двухсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере семисот месячных расчетных показателей с приостановкой производимых работ.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц в размере восьмидесяти, на субъектов малого предпринимательства – в размере четырехсот, на субъектов среднего предпринимательства – в размере восьмисот, на субъектов крупного предпринимательства – в размере тысячи двухсот месячных расчетных показателей, с лишением лицензии и приостановкой производимых работ.

Сноска. Статья 314 с изменениями, внесенными Законом РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 315. Нарушение правил оформления исполнительной технической документации, предусмотренной нормативными документами, при производстве строительно-монтажных, ремонтно-восстановительных работ по возведению и реконструкции объектов, изготовлению строительных материалов, изделий и конструкций, за исключением требований, установленных техническими регламентами

Сноска. Заголовок с изменением, внесенным Законом РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Нарушение правил оформления исполнительной технической документации, предусмотренной нормативными документами, при производстве строительно-монтажных, ремонтно-восстановительных работ по возведению и реконструкции объектов, изготовлению строительных материалов, изделий и конструкций, за исключением требований, установленных техническими регламентами, –

влечет предупреждение или штраф на должностных лиц в размере десяти, на субъектов малого предпринимательства – в размере двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Сноска. Статья 315 с изменениями, внесенными Законом РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 316. Строительство (реконструкция, реставрация, расширение, техническое перевооружение, модернизация, капитальный ремонт) объектов и их комплексов без проектной (проектно-сметной)документации либо по проектной (проектно-сметной) документации, не прошедшей в установленном порядке экспертизу, за исключением требований, установленных техническими регламентами

Сноска. Заголовок с изменением, внесенным Законом РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

1. Строительство (реконструкция, реставрация, расширение, техническое перевооружение, модернизация, капитальный ремонт) объектов и их комплексов без проектной (проектно-сметной) документации либо по проектной (проектно-сметной) документации, не прошедшей в установленном порядке экспертизу, по которой требуется ее проведение, за исключением требований, установленных техническими регламентами, –

влечет штраф на физических лиц в размере ста двадцати, на должностных лиц – в размере ста шестидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот восьмидесяти, на субъектов крупного предпринимательства – в размере пятисот восьмидесяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, а равно неустранение нарушения, предусмотренного частью первой настоящей статьи, повлекшего привлечение к административной ответственности, –

влекут штраф на физических лиц в размере ста шестидесяти, на должностных лиц – в размере двухсот, на субъектов малого предпринимательства или некоммерческие организации – в размере трехсот, на субъектов среднего предпринимательства – в размере шестисот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с приостановлением работ.

Сноска. Статья 316 с изменениями, внесенными Законом РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 317. Нарушение законодательства Республики Казахстан при осуществлении экспертных работ и инжиниринговых услуг

1. Допущение лицами, осуществляющими авторский надзор, несоответствия выполненных (выполняемых) строительно-монтажных работ утвержденным проектным решениям -

влечет штраф на физических лиц в размере ста восьмидесяти месячных расчетных показателей с приостановлением действия аттестата эксперта на право ведения авторского надзора на срок шесть месяцев.

2. Выдача лицами, осуществляющими экспертизу проектов, положительного заключения экспертизы (экспертной оценки) на проектную (проектно-сметную) документацию, не соответствующего требованиям законодательства Республики Казахстан и не обеспечивающего устойчивость, надежность и прочность возводимых либо возведенных объектов, –

влечет штраф на физических лиц в размере ста восьмидесяти месячных расчетных показателей с приостановлением действия аттестата эксперта на право осуществления экспертизы проектов на срок шесть месяцев.

3. Допущение лицами, осуществляющими технический надзор, нарушений на стадии реализации проекта, включая качество, сроки, приемку выполненных работ и сдачу объекта в эксплуатацию, –

влечет штраф на физических лиц в размере ста восьмидесяти месячных расчетных показателей с приостановлением действия аттестата эксперта на право ведения технического надзора на срок шесть месяцев.

3-1. Выдача лицами, осуществляющими техническое обследование надежности и устойчивости зданий и сооружений, заключения, выполненного с нарушением требований утвержденных строительных норм и содержащего недостоверные данные, которые могут повлечь за собой ухудшение эксплуатационных качеств, снижение прочности, устойчивости зданий, строений, их частей или отдельных конструктивных элементов, –

влечет штраф на физических лиц в размере ста восьмидесяти месячных расчетных показателей с приостановлением действия аттестата эксперта на право осуществления технического обследования надежности и устойчивости зданий и сооружений на срок шесть месяцев.

4. Действия (бездействие), предусмотренные частями первой, второй, третьей и 3-1 настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двухсот месячных расчетных показателей с лишением аттестата эксперта на соответствующий вид услуги и специализации и запрещением деятельности на право осуществления экспертных работ и инжиниринговых услуг на срок три года.

Сноска. Статья 317 в редакции Закона РК от 29.12.2014 № 269-V (вводится в действие с 01.01.2015); с изменениями, внесенными законами РК от 28.10.2015 № 366-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 317-1. Нарушение законодательства Республики Казахстан при осуществлении инжиниринговых услуг (технический надзор и управление проектом) и экспертных работ (экспертиза проектов и техническое обследование надежности и устойчивости зданий и сооружений)аккредитованными юридическими лицами

1. Осуществление инжиниринговых услуг (технический надзор и управление проектом) и экспертных работ (экспертиза проектов и техническое обследование надежности и устойчивости зданий и сооружений) аккредитованными юридическими лицами, имеющими в составе аттестованных экспертов, с нарушением требований законодательства Республики Казахстан и иных нормативных и нормативных правовых актов в области архитектуры, градостроительства и строительства, в том числе:

1) несоответствие выполненных (выполняемых) строительно-монтажных работ утвержденным проектным решениям;

2) выдача положительного заключения экспертизы (экспертной оценки) на проектную (проектно-сметную) документацию, не обеспечивающего устойчивость, надежность и прочность возводимых либо возведенных объектов;

3) нарушение на стадии реализации проекта, включая качество, сроки, приемку выполненных работ и сдачу объекта в эксплуатацию;

4) выдача заключений по техническому обследованию надежности и устойчивости зданий и сооружений, выполненных с нарушением требований утвержденных строительных норм и содержащих недостоверные данные, которые могут повлечь за собой ухудшение эксплуатационных качеств, снижение прочности, устойчивости зданий, строений, их частей или отдельных конструктивных элементов;

5) несоответствие квалификационным требованиям для аккредитованных юридических лиц –

влечет штраф на юридических лиц в размере пятисот месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на юридических лиц в размере семисот месячных расчетных показателей с лишением свидетельства об аккредитации.

Сноска. Глава 20 дополнена статьей 317-1 в соответствии с Законом РК от 28.10.2015 № 366-V (вводится в действие по истечении трех месяцев после дня его первого официального опубликования).

Статья 317-2. Аттестация инженерно-технических работников, участвующих в процессе проектирования и строительства, с нарушением требований законодательства Республики Казахстан и иных нормативных и нормативных правовых актов в области архитектуры, градостроительства и строительства

1. Аттестация инженерно-технических работников, участвующих в процессе проектирования и строительства, с нарушением требований законодательства Республики Казахстан и иных нормативных и нормативных правовых актов в области архитектуры, градостроительства и строительства –

влечет штраф на юридических лиц в размере пятисот месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на юридических лиц в размере семисот месячных расчетных показателей с лишением свидетельства об аккредитации.

Сноска. Глава 20 дополнена статьей 317-2 в соответствии с Законом РК от 28.10.2015 № 366-V (вводится в действие по истечении трех месяцев после дня его первого официального опубликования).

Статья 318. Нарушение установленного порядка приемки и ввода объектов и комплексов в эксплуатацию, за исключением требований, установленных техническими регламентами

Сноска. Заголовок в редакции Закона РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Нарушение установленного порядка приемки и ввода объектов и комплексов в эксплуатацию с нарушениями требований государственных нормативов в сфере архитектурно-строительной деятельности, за исключением требований, установленных техническими регламентами, –

влечет штраф на физических лиц, должностных лиц в размере пятидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста двадцати, на субъектов среднего предпринимательства – в размере двухсот двадцати, на субъектов крупного предпринимательства – в размере шестисот пятидесяти месячных расчетных показателей.

Сноска. Статья 318 в редакции Закона РК от 29.12.2014 № 269-V (вводится в действие с 01.01.2015); с изменениями, внесенными Законом РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 319. Незаконное строительство

Незаконное строительство производственных, жилых, хозяйственных, гидротехнических (водохозяйственных) или бытовых объектов без соответствующего права на землю –

влечет штраф на физических лиц в размере пятнадцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей, с принудительным сносом незаконно возведенного или возводимого строения либо без такового.

Статья 320. Нарушение требований законодательного акта Республики Казахстан о долевом участии в жилищном строительстве и жилищного законодательства Республики Казахстан

1. Нарушение застройщиком, уполномоченной компанией требований законодательного акта Республики Казахстан о долевом участии в жилищном строительстве, в том числе к содержанию информации, подлежащей раскрытию, а также порядку ее распространения, либо распространение застройщиком, уполномоченной компанией неточной, неполной или недостоверной информации –

влечет штраф на юридических лиц в размере трехсот месячных расчетных показателей.

2. Непредставление застройщиком, уполномоченной компанией местному исполнительному органу города республиканского значения, столицы, района, города областного значения сведений и отчетности, предусмотренных законами Республики Казахстан, либо представление ими недостоверных сведений и отчетности, а равно недостоверного или неполного отчета о результатах мониторинга за ходом строительства многоквартирного жилого дома инжиниринговой компанией –

влечет штраф на юридических лиц в размере трехсот месячных расчетных показателей.

3. Действия (бездействие), предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, а равно неустранение нарушений, предусмотренных частями первой и второй настоящей статьи, повлекших привлечение к административной ответственности, –

влекут приостановление действия разрешения на привлечение денег дольщиков на срок до трех месяцев.

4. Нарушение органом управления объектом кондоминиума сроков открытия текущих и (или) сберегательных счетов на объект кондоминиума в банках второго уровня в случаях, предусмотренных жилищным законодательством, –

влечет предупреждение.

5. Нарушение органом управления объектом кондоминиума, управляющим многоквартирным жилым домом, управляющей компанией сроков представления ежемесячного и годового отчетов по управлению объектом кондоминиума и содержанию общего имущества объекта кондоминиума –

влечет предупреждение.

6. Действия (бездействие), предусмотренные частями четвертой и пятой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, -

влекут штраф на физических лиц в размере десяти, на юридических лиц – в размере двадцати месячных расчетных показателей.

Сноска. Статья 320 в редакции Закона РК от 07.04.2016 № 487-V (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); с изменениями, внесенными Законом РК от 26.12.2019 № 284-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 321. Осуществление строительства без сопровождения технического и авторского надзоров, за исключением требований, установленных техническими регламентами

Сноска. Заголовок с изменением, внесенным Законом РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Осуществление строительства без сопровождения технического и авторского надзоров, за исключением требований, установленных техническими регламентами, –

влечет штраф на физических лиц в размере сорока, на должностных лиц в размере ста шестидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

Сноска. Статья 321 с изменениями, внесенными законами РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 21.01.2019 № 217-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 322. Незаконные переоборудование и перепланировка помещений, за исключением требований, установленных техническими регламентами

Сноска. Заголовок с изменением, внесенным Законом РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

1. Незаконные переоборудование и перепланировка жилых и нежилых помещений в существующих зданиях без архитектурно-строительного проекта и соответствующего решения структурных подразделений местных исполнительных органов, осуществляющих функции в области архитектуры, градостроительства и строительства, за исключением требований, установленных техническими регламентами, –

влекут штраф на физических лиц в размере тридцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере девяноста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

2. Те же действия, которые повлекли или могли повлечь полную потерю прочности и устойчивости (разрушение) здания, –

влекут штраф на физических лиц в размере восьмидесяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере ста восьмидесяти, на субъектов среднего предпринимательства – в размере двухсот пятидесяти, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

Примечания.

1. Под административным правонарушением в области строительства понимается несоблюдение обязательных требований, строительных норм и правил, за исключением технических регламентов, проектов, других нормативных актов при градостроительном освоении территорий, проектировании, строительстве, реконструкции, реставрации, модернизации, капитальном ремонте и благоустройстве объектов и комплексов, влекущее снижение и потерю прочности, устойчивости, надежности зданий, строений, сооружений, их частей или отдельных конструктивных элементов, ухудшение эксплуатационных качеств возводимых объектов, отрицательное влияние на окружающую среду, а также действия, нарушающие установленный организационно-правовой порядок строительства объектов и приемки их в эксплуатацию.

2. Под прочностью понимается способность материала, конструкции, изделия, узлов их сопряжения, грунта основания здания и сооружения воспринимать, не разрушаясь, расчетные значения нагрузок и воздействий.

3. Под устойчивостью понимается способность здания, сооружения сохранять состояние устойчивого равновесия под действием расчетных воздействий и нагрузок.

4. Под надежностью понимается способность здания, сооружения, его инженерных систем, несущих и ограждающих конструкций выполнять функции, определенные значениями нормируемых показателей.

5. Под проектными работами понимаются работы по предпроектной (обоснования инвестиций в строительство, технико-экономические обоснования) и проектной (проект, рабочий проект и другие виды проектов) документации на строительство, расширение, реконструкцию, техническое перевооружение, капитальный ремонт и другие виды работ зданий и сооружений.

Сноска. Статья 322 с изменениями, внесенными законами РК от 28.10.2015 № 366-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 323. Эксплуатация объектов и комплексов, не введенных в установленном порядке в эксплуатацию, за исключением требований, установленных техническими регламентами

Сноска. Заголовок с изменением, внесенным Законом РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Эксплуатация (проживание, оказание услуг, производство продукции с целью получения доходов) законченных строительством, но не введенных в установленном порядке в эксплуатацию объектов, комплексов или их отдельных частей, за исключением требований, установленных техническими регламентами, –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Сноска. Статья 323 с изменениями, внесенными Законом РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 323-1. Нарушение законодательства Республики Казахстан об архитектурной, градостроительной и строительной деятельности, за исключением требований, установленных техническими регламентами

Сноска. Заголовок с изменением, внесенным Законом РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

1. Невыполнение или ненадлежащее выполнение местными исполнительными органами по делам архитектуры, градостроительства и строительства, а также государственного архитектурно-строительного контроля требований, возложенных на них законодательством Республики Казахстан, влияющих на градостроительную и архитектурно-строительную документацию, осуществление строительной деятельности, в том числе на качество строительства, за исключением требований, установленных техническими регламентами, –

влечет штраф на должностных лиц в размере ста месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц в размере двухсот месячных расчетных показателей.

Сноска. Глава 20 дополнена статьей 323-1 в соответствии с Законом РК от 28.10.2015 № 366-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными законами РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 29.05.2020 № 337-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Глава 21. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ ОХРАНЫ
ОКРУЖАЮЩЕЙ СРЕДЫ, ИСПОЛЬЗОВАНИЯ ПРИРОДНЫХ РЕСУРСОВ

Статья 324. Нарушение санитарно-эпидемиологических и экологических требований по охране окружающей среды

1. Нарушение норм санитарно-эпидемиологических и экологических требований, а также гигиенических нормативов по охране окружающей среды, за исключением случаев, предусмотренных статьей 416 настоящего Кодекса, –

влечет предупреждение или штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства – в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Дача должностными лицами указаний или разрешений на превышение или занижение установленных норм санитарно-эпидемиологических и экологических требований по охране окружающей среды –

влечет штраф в размере двадцати пяти месячных расчетных показателей.

Сноска. Статья 324 с изменением, внесенным Законом РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 325. Нарушение требований проведения производственного экологического контроля

Нарушение требований проведения производственного экологического контроля –

влечет штраф на физических лиц в размере двадцати пяти, на должностных лиц, субъектов малого предпринимательства – в размере шестидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Статья 326. Невыполнение условий экологического разрешения

1. Невыполнение условий экологического разрешения –

влечет штраф на должностных лиц, субъектов малого предпринимательства в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, в отношении тех же условий экологического разрешения, совершенное повторно в течение года, а субъектами крупного предпринимательства – в течение трех лет после наложения административного взыскания, –

влечет штраф на должностных лиц, субъектов малого предпринимательства в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере пятисот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

3. Действие, предусмотренное частью первой настоящей статьи, сопряженное с нанесением экологического ущерба, –

влечет штраф на должностных лиц в размере двухсот, на субъектов малого предпринимательства – в размере семисот, на субъектов среднего предпринимательства – в размере одной тысячи, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей, с приостановлением действия экологического разрешения или без такового.

4. Неустранение физическими и юридическими лицами в установленный срок нарушений, по которым приостановлено действие экологического разрешения, –

влечет лишение экологического разрешения.

Примечания:

1. Ответственность за нарушение условий экологического разрешения, предусмотренная настоящей статьей, наступает в случаях, когда за отдельное нарушение условий экологического разрешения не предусмотрена административная ответственность в соответствии с другими статьями настоящей главы.

2. В случае, если экологическое разрешение выдано на несколько объектов, действие экологического разрешения, приостановленное в соответствии с частью третьей настоящей статьи, прекращается по объекту, по которому не устранено нарушение.

Сноска. Статья 326 – в редакции Законом РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 327. Несообщение о производственных сверхнормативных сбросах и выбросах загрязняющих веществ, размещении отходов

Сноска.Статья 327 исключена Законом РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 327-1. Нарушение требований по представлению обязательных сведений, предусмотренных экологическим законодательством Республики Казахстан

1. Непредставление, представление неполных или несвоевременное представление обязательных сведений, предусмотренных экологическим законодательством Республики Казахстан, –

влекут штраф на физических лиц в размере двадцати пяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года, а субъектами крупного предпринимательства – в течение трех лет после наложения административного взыскания либо сопряженные с производственными сверхнормативными эмиссиями загрязняющих веществ в окружающую среду, превышением лимитов накопления или захоронения отходов и другими негативными воздействиями на окружающую среду, –

влекут штраф на физических лиц в размере пятидесяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот пятидесяти, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

3. Представление недостоверных обязательных сведений, предусмотренных экологическим законодательством Республики Казахстан, –

влечет штраф на физических лиц в размере ста, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере трехсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере шестисот месячных расчетных показателей.

4. Действие, предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года, а субъектами крупного предпринимательства – в течение трех лет после наложения административного взыскания либо сопряженное с нарушением экологического разрешения или невыполнением обязательных мероприятий по охране окружающей среды, –

влечет штраф на физических лиц в размере двухсот, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере шестисот, на субъектов среднего предпринимательства – в размере восьмисот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

Сноска. Глава 21 дополнена статьей 327-1) в соответствии с Законом РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 327-2. Ненадлежащее проведение или непроведение ремедиации (устранения) причиненного экологического ущерба

1. Ненадлежащее проведение ремедиации (устранения) причиненного экологического ущерба, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере двухсот, на должностных лиц, субъектов малого предпринимательства – в размере семисот, на субъектов среднего предпринимательства – в размере одной тысячи, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

2. Непроведение ремедиации (устранения) причиненного экологического ущерба –

влечет штраф в размере ста процентов от суммы экономической выгоды, полученной в результате нарушения, с приостановлением действия соответствующего экологического разрешения или деятельности.

Сноска. Глава 21 дополнена статьей 327-2) в соответствии с Законом РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 328. Нарушение нормативов допустимого антропогенного воздействия на окружающую среду

Превышение технологических нормативов выбросов, технологических нормативов сбросов, технологических удельных нормативов эмиссий или нормативов эмиссий в окружающую среду, осуществление эмиссий от источников, не указанных в экологическом разрешении, а равно осуществление эмиссий без вновь выданного экологического разрешения на действующий объект, оказывающий негативное воздействие на окружающую среду, –

влекут штраф на физических лиц в размере ста пятидесяти месячных расчетных показателей, на юридических лиц – в размере десяти тысяч процентов от соответствующей ставки платы за негативное воздействие на окружающую среду в отношении превышенного количества загрязняющих веществ.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно на том же источнике эмиссий в течение года, а субъектами крупного предпринимательства – в течение трех лет после наложения административного взыскания, –

влекут штраф на физических лиц в размере двухсот месячных расчетных показателей, на юридических лиц – в размере двадцати тысяч процентов от соответствующей ставки платы за негативное воздействие на окружающую среду в отношении превышенного количества загрязняющих веществ.

3. Систематическое (более двух раз) в течение года превышение технологических нормативов выбросов, технологических нормативов сбросов, технологических удельных нормативов эмиссий или нормативов эмиссий в окружающую среду, осуществление эмиссий от источников, не указанных в экологическом разрешении, либо превышение нормативов эмиссий в два раза продолжительностью более трех часов подряд, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф на физических лиц в размере двухсот месячных расчетных показателей, на юридических лиц – в размере двадцати тысяч процентов от соответствующей ставки платы за негативное воздействие на окружающую среду в отношении превышенного количества загрязняющих веществ, с приостановлением действия экологического разрешения по эксплуатации соответствующего источника эмиссии или производственного участка.

4. Осуществление антропогенного воздействия на окружающую среду без экологического разрешения, когда его получение являлось обязательным для вновь введенного в эксплуатацию объекта, оказывающего негативное воздействие на окружающую среду, либо без обязательной декларации о воздействии на окружающую среду –

влечет штраф на физических лиц в размере двухсот, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере семисот месячных расчетных показателей, на субъектов среднего и крупного предпринимательства – в размере двухсот процентов от суммы экономической выгоды, полученной в результате нарушения, с запрещением деятельности на срок до трех лет.

5. Представление недостоверной декларации о воздействии на окружающую среду, недостоверность которой выражена превышением антропогенного воздействия на окружающую среду в сравнении с задекларированными показателями выбросов, сбросов загрязняющих веществ, количеством накапливаемых и подлежащих захоронению отходов, –

влечет штраф на физических лиц в размере ста, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере семисот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с приостановлением деятельности или без такового.

6. Нарушение лимитов накопления или захоронения отходов –

влечет штраф в размере десяти тысяч процентов от ставки платы за захоронение отходов в отношении количества отходов, накопленных или захороненных сверх установленного лимита.

7. Действие, предусмотренное частью шестой настоящей статьи, совершенное повторно на том же объекте накопления или захоронения отходов в течение года, а субъектами крупного предпринимательства – в течение трех лет после наложения административного взыскания, –

влечет штраф в размере двадцати тысяч процентов от ставки платы за захоронение отходов в отношении количества отходов, накопленных или захороненных сверх установленного лимита, с приостановлением действия экологического разрешения или без такового.

8. Нарушение сроков накопления отходов –

влечет штраф в размере ста процентов от ставки платы за захоронение отходов в отношении количества накопленных отходов за каждый день сверх срока, установленного экологическим законодательством Республики Казахстан.

9. Нарушение лимитов размещения серы в открытом виде на серных картах, образуемой при проведении операций по разведке и (или) добыче углеводородов, –

влечет штраф в размере десяти тысяч процентов от ставки платы в отношении массы серы, размещенной в открытом виде сверх установленного лимита.

10. Размещение серы в открытом виде на серных картах, образуемой при проведении операций по разведке и (или) добыче углеводородов, без экологического разрешения –

влечет штраф в размере двадцати тысяч процентов от ставки платы в отношении массы серы, размещенной в открытом виде без экологического разрешения.

11. Нарушение нормативов допустимых физических воздействий на окружающую среду –

влечет штраф на физических лиц в размере двадцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

Примечания:

1. Для целей частей первой, второй и третьей настоящей статьи при определении суммы административного взыскания по выбросам или сбросам загрязняющих веществ, по которым налоговым законодательством Республики Казахстан не установлена соответствующая ставка платы, ставка платы признается в размере суммы, равной пятидесяти месячным расчетным показателям за одну тонну выбросов загрязняющих веществ или одной тысяче двумстам месячным расчетным показателям за одну тонну сбросов загрязняющих веществ.

2. Для целей частей первой и второй настоящей статьи под осуществлением эмиссий без вновь выданного экологического разрешения понимаются случаи осуществления эмиссий объектом, оказывающим негативное воздействие на окружающую среду, по которому истекло, отозвано или прекращено (включая лишение) действие ранее выданного экологического разрешения, но при этом для продолжения осуществления антропогенного воздействия не выдано новое обязательное экологическое разрешение.

3. Для целей части четвертой настоящей статьи под вновь введенным в эксплуатацию объектом, оказывающим негативное воздействие на окружающую среду, признается объект, на строительство или эксплуатацию которого ранее не выдавалось обязательное экологическое разрешение или положительное заключение государственной экологической экспертизы.

4. Для целей частей первой, второй и третьей настоящей статьи при расчете штрафа за выбросы загрязняющих веществ от сжигания попутного и (или) природного газа в факелах применяются ставки платы за выбросы загрязняющих веществ от стационарных источников, установленные пунктом 2 статьи 576 Кодекса Республики Казахстан "О налогах и других обязательных платежах в бюджет" (Налоговый кодекс).

При этом за выбросы диоксида серы, диоксида азота, окислов углерода в факелах применяются соответственно ставки платы за выбросы оксидов серы (SOₓ), оксидов азота (NOₓ), монооксида углерода, установленные пунктом 2 статьи 576 Кодекса Республики Казахстан "О налогах и других обязательных платежах в бюджет" (Налоговый кодекс). При расчете штрафа за выбросы меркаптана применяется соответствующая ставка платы, установленная пунктом 3 статьи 576 Кодекса Республики Казахстан "О налогах и других обязательных платежах в бюджет" (Налоговый кодекс).

Сноска. Статья 328 - в редакции Закона РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021); с изменением, внесенным Законом РК от 02.07.2021 № 63-VII (порядок введения в действие см. ст.2).

Статья 329. Превышение установленного и дополнительно полученного объема квоты на выбросы парниковых газов

Превышение установленного и дополнительно полученного объема квоты на выбросы парниковых газов –

влечет штраф на оператора установки в размере пяти месячных расчетных показателей за каждую единицу квоты сверхустановленного объема, не компенсированную приобретенными единицами квот и (или) углеродными единицами, полученными в результате реализации проектов, в соответствии с законодательством Республики Казахстан.

Сноска. Статья 329 в редакции Закона РК от 08.04.2016 № 491-V(вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 330. Представление недостоверных данных о валидации и верификации независимыми аккредитованными организациями, аккредитованными органами по валидации и верификации

Представление недостоверных данных о валидации и верификации независимыми аккредитованными организациями, аккредитованными органами по валидации и верификации –

влечет штраф на субъектов малого предпринимательства в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей, с приостановлением действия аттестата об аккредитации или свидетельства об аккредитации.

Сноска. Статья 330 в редакции Закона РК от 08.04.2016 № 491-V(вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 331. Нарушение требований по охране атмосферного воздуха и охране водных объектов от загрязнения и засорения

Нарушение правил эксплуатации или использование неисправных сооружений или оборудования для очистки и (или) контроля выбросов загрязняющих веществ в атмосферный воздух и сброса сточных вод –

влечет штраф на физических лиц в размере двадцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере восьмидесяти, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере восьмисот месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в отношении того же сооружения, оборудования или источника эмиссии в течение года, а субъектами крупного предпринимательства – в течение трех лет после наложения административного взыскания, –

влечет штраф на физических лиц в размере сорока, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двухсот, на субъектов среднего предпринимательства – в размере шестисот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

3. Неиспользование сооружений или оборудования для очистки и (или) контроля выбросов загрязняющих веществ в атмосферный воздух и сброса сточных вод –

влечет штраф на физических лиц в размере ста, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере четырехсот, на субъектов среднего предпринимательства – в размере семисот, на субъектов крупного предпринимательства – в размере одной тысячи двухсот месячных расчетных показателей.

4. Действие, предусмотренное частью третьей настоящей статьи, совершенное повторно в отношении того же сооружения, оборудования, источника эмиссий в течение года, а субъектами крупного предпринимательства в течение трех лет после наложения административного взыскания, –

влечет штраф на физических лиц в размере двухсот, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере семисот, на субъектов среднего предпринимательства – в размере одной тысячи месячных расчетных показателей, на субъектов крупного предпринимательства – в размере ста процентов от суммы экономической выгоды, полученной в результате нарушения, с приостановлением действия экологического разрешения в отношении источника эмиссий или производственного участка либо без такового.

Сноска. Статья 331 – в редакции Закона РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 332. Невыполнение требований законодательства Республики Казахстан об обязательном проведении государственной экологической экспертизы

Невыполнение требований законодательства Республики Казахстан об обязательном проведении государственной экологической экспертизы или финансирование проектов и программ, не прошедших государственную экологическую экспертизу, –

влечет штраф на физических лиц в размере пятидесяти, на должностных лиц, субъектов малого предпринимательства – в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере четырехсот пятидесяти месячных расчетных показателей.

2. Невыполнение требований, содержащихся в заключении государственной экологической экспертизы, –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере трехсот пятидесяти месячных расчетных показателей.

Сноска. Статья 332 – в редакции Закона РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 333. Выпуск в эксплуатацию транспортных и других передвижных средств с превышением нормативов содержания загрязняющих веществ в выбросах

1. Выпуск в эксплуатацию автомобилей, самолетов, судов и других передвижных средств и установок, у которых содержание загрязняющих веществ в выбросах, а также уровень шума, производимого ими при работе, превышают установленные нормативы, за исключением случаев, предусмотренных техническими регламентами, –

влечет штраф на должностных лиц, субъектов малого предпринимательства или некоммерческие организации в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц, субъектов малого предпринимательства или некоммерческие организации в размере сорока, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей, с приостановлением или запрещением деятельности либо без такового.

Сноска. Статья 333 с изменением, внесенным Законом РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 334. Эксплуатация автомототранспортных и других передвижных средств с превышением нормативов содержания загрязняющих веществ в выбросах

1. Эксплуатация автомототранспортных, других передвижных средств и установок, у которых содержание загрязняющих веществ в выбросах, а также уровень шума, производимого ими при работе, превышают установленные нормативы (технические нормативы), –

влечет предупреждение или штраф на физических лиц в размере десяти, на юридических лиц – в размере ста месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере двадцати, на юридических лиц – в размере двухсот месячных расчетных показателей.

Сноска. Статья 334 –в редакции Закона РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 335. Нарушение законодательства по охране атмосферного воздуха

Сноска. Статья 335 исключена Законом РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 336. Несоблюдение требований по охране атмосферного воздуха и пожарной безопасности при складировании или сжигании отходов

Несоблюдение требований по охране атмосферного воздуха и пожарной безопасности при складировании или сжигании отходов –

влечет штраф на физических лиц в размере двадцати, на должностных лиц – в размере пятидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

Сноска. Статья 336 - в редакции Закона РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 337. Порча земли

1. Уничтожение или незаконное снятие плодородного слоя почвы, в том числе в целях продажи или передачи ее другим лицам, за исключением случаев, когда такое снятие необходимо для предотвращения безвозвратной утери плодородного слоя почвы, –

влечет штраф на физических лиц в размере сорока, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере семисот, на субъектов среднего предпринимательства – в размере одной тысячи, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

2. Загрязнение или иная порча земли агрохимикатами, пестицидами, удобрениями, стимуляторами роста растений и иными опасными биологическими и радиоактивными веществами при их хранении, использовании или транспортировке, а равно заражение бактериально-паразитическими или характерными вредными организмами, повлекшие деградацию земли или ухудшение плодородия почвы без причинения вреда здоровью человека, –

влекут штраф на физических лиц в размере пятнадцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двадцати пяти, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

3. Загрязнение земли опасными химическими веществами, не повлекшее причинение экологического ущерба, –

влечет штраф на физических лиц в размере ста, на должностных лиц и субъектов малого предпринимательства или некоммерческие организации – в размере трехсот, на субъектов среднего предпринимательства – в размере пятисот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

4. Загрязнение земли опасными химическими веществами, повлекшее причинение экологического ущерба, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере двухсот, на должностных лиц и субъектов малого предпринимательства или некоммерческие организации – в размере семисот, на субъектов среднего предпринимательства – в размере одной тысячи, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

Сноска. Статья 337 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.10.2019 № 268-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021); от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 15.03.2023 № 208-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 338. Нерациональное использование или неиспользование земель сельскохозяйственного назначения

Нерациональное использование или неиспользование земель сельскохозяйственного назначения –

влекут предупреждение или штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Статья 339. Невыполнение обязанностей собственниками земельных участков и землепользователями по использованию земельных участков

1. Невыполнение обязанностей собственниками земельных участков и землепользователями по использованию земельных участков, проявившееся в:

1) использовании земель не по целевому назначению, а на землях населенных пунктов – не в соответствии с функциональной зоной;

2) неосуществлении мероприятий по охране земель, предусмотренных законодательным актом в области земельных отношений;

3) неуведомлении или несвоевременном уведомлении уполномоченного органа по земельным отношениям об отчуждении права землепользования на землях сельскохозяйственного назначения, –

влечет предупреждение или штраф на физических лиц в размере пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере шестидесяти месячных расчетных показателей.

Сноска. Статья 339 с изменениями, внесенными законами РК от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.10.2019 № 268-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 15.03.2023 № 208-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 340. Невыполнение обязанностей по приведению временно занимаемых земель в состояние, пригодное для дальнейшего использования по назначению

Невыполнение обязанностей по приведению временно занимаемых земель в состояние, пригодное для дальнейшего использования по назначению, –

влечет предупреждение или штраф на физических лиц в размере пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере ста десяти месячных расчетных показателей.

Статья 341. Сокрытие информации о наличии земельных участков для жилищного строительства, специального земельного фонда

Сокрытие информации о наличии земельных участков для строительства индивидуальных жилых домов, специального земельного фонда, ее искажение, необоснованный отказ в выделении земельных участков –

влекут штраф на должностных лиц местных исполнительных органов в размере десяти месячных расчетных показателей.

Статья 342. Искажение сведений государственной регистрации, учета и оценки земель

Умышленное искажение сведений государственной регистрации, учета и оценки земель –

влечет штраф на должностных лиц в размере двадцати месячных расчетных показателей.

Статья 342-1. Нарушение в области ведения государственного земельного кадастра

Нарушение в области ведения государственного земельного кадастра, связанное с:

1) формированием кадастрового дела земельного участка;

2) учетом качества земель, включающим их экономическую оценку и ведение мониторинга земель, проведением почвенных, геоботанических, агрохимических обследований и бонитировки почв;

3) учетом количества земель, собственников земельных участков и землепользователей, а также других субъектов земельных правоотношений для целей государственной регистрации;

4) государственной кадастровой оценкой земель, включающей определение кадастровой (оценочной) стоимости земельных участков; составление схем границ оценочных зон в населенных пунктах с установлением в них поправочных коэффициентов к базовым ставкам платы за земельные участки; расчет базовых ставок платы за земельные участки; определение потерь сельскохозяйственного производства при изъятии сельскохозяйственных угодий для целей, не связанных с ведением сельского хозяйства;

5) накоплением, обработкой и ведением банка данных о земельных участках и их субъектах, а также другой земельно-кадастровой информации на бумажных носителях и в электронной форме;

6) ведением автоматизированной информационной системы государственного земельного кадастра;

7) изготовлением и ведением земельно-кадастровых карт, в том числе цифровых;

8) ведением земельно-кадастровой книги и единого государственного реестра земель;

9) изготовлением и выдачей идентификационных документов на земельный участок;

10) изготовлением земельно-кадастрового плана;

11) присвоением кадастровых номеров земельным участкам;

12) изготовлением паспортов земельных участков, –

влечет штраф на должностных лиц в размере тридцати месячных расчетных показателей.

Сноска. Глава 21 дополнена статьей 342-1 в соответствии с Законом РК от 17.11.2015 № 408-V (вводится в действие с 01.03.2016); с изменением, внесенным Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 343. Нарушение законодательства Республики Казахстан в сфере геодезии, картографии и пространственных данных

Сноска. Заголовок статьи 343 с изменением, внесенным Законом РК от 15.03.2023 № 208-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Осуществление геодезических и (или) картографических работ при отсутствии:

1) собственного или арендованного комплекта поверенных приборов, оборудования и инструментов, позволяющих выполнять геодезические и (или) картографические работы, либо договора на оказание услуг с лицами, имеющими комплект поверенных приборов, оборудования, инструментов с указанием заводских номеров;

2) в штате специалиста, имеющего высшее или послесреднее образование в сфере геодезии, картографии и пространственных данных, –

влечет штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере ста сорока месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере тридцати пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере семидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Сноска. Статья 343 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 15.03.2023 № 208-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 343-1. Нарушение требований законодательства Республики Казахстан в области метеорологического мониторинга

1. Осуществление работ в области метеорологического мониторинга с нарушением обязательных требований в виде:

1) непредоставления полученной метеорологической информации в установленном порядке в Национальную гидрометеорологическую службу;

2) неуведомления либо несвоевременного уведомления об изменениях тех или иных данных, представленных при направлении уведомления для включения в государственный реестр производителей метеорологической информации, −

влечет штраф на субъектов малого предпринимательства в размере сорока, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере ста сорока месячных расчетных показателей.

2. Предоставление заведомо недостоверной информации при включении в государственный реестр производителей метеорологической информации –

влечет штраф на субъектов малого предпринимательства в размере шестидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

3. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года, а субъектами крупного предпринимательства – в течение трех лет после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере семидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Сноска. Глава 21 дополнена статьей 343-1 в соответствии с Законом РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 344. Нарушение экологических требований по управлению отходами

1. Нарушение запрета на захоронение отдельных видов отходов, предусмотренного экологическим законодательством Республики Казахстан, –

влечет штраф в размере ста процентов от суммы экономической выгоды, полученной в результате совершения нарушения.

2. Складирование отходов вне специально установленных мест, не предназначенных для их накопления или захоронения, а равно захоронение отходов без экологического разрешения или отходов, не заявленных в декларации о воздействии на окружающую среду, –

влекут штраф на физических лиц в размере пятидесяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере ста месячных расчетных показателей, на субъектов среднего предпринимательства – в размере ста процентов, на субъектов крупного предпринимательства – в размере двухсот процентов от суммы экономической выгоды, полученной в результате нарушения.

3. Нарушение экологических требований по накоплению, сбору, транспортировке, учету, восстановлению, удалению и обезвреживанию отходов –

влечет штраф на физических лиц в размере сорока, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

4. Нарушение экологических требований к операциям по управлению отходами –

влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

5. Действие, предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года, а субъектами крупного предпринимательства – в течение трех лет после наложения административного взыскания, –

влечет штраф на физических лиц в размере ста, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с приостановлением действия лицензии на переработку, обезвреживание, утилизацию и (или) уничтожение опасных отходов.

Примечание. Ответственность за правонарушение, предусмотренное частью четвертой настоящей статьи, наступает в случаях, когда за отдельное нарушение требований к операциям по управлению отходами не предусмотрена административная ответственность в соответствии с другими частями настоящей статьи.

Сноска. Статья 344 – в редакции Закона РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 344-1. Нарушение требований по выполнению расширенных обязательств производителей (импортеров)

1. Нарушение требований по выполнению расширенных обязательств производителей (импортеров) –

влечет предупреждение.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Сноска. Глава 21 дополнена статьей 344-1 в соответствии с Законом РК от 17.11.2015 № 407-V (вводится в действие с 01.01.2016).

Статья 344-2. Неисполнение или ненадлежащее исполнение оператором расширенных обязательств производителей (импортеров) обязанностей и функций

Несвоевременное или ненадлежащее распределение оператором расширенных обязательств производителей (импортеров) поступивших денег, неисполнение или ненадлежащее исполнение возложенных на оператора расширенных обязательств производителей (импортеров) обязанностей и функций –

влечет штраф на первого руководителя оператора расширенных обязательств производителей (импортеров) в размере пятисот месячных расчетных показателей.

Сноска. Глава 21 дополнена статьей 344-2 в соответствии с Законом РК от 17.11.2015 № 407-V (вводится в действие с 01.01.2016).

Статья 345. Нарушение правил по рациональному и комплексному использованию недр при проведении операций по недропользованию по контрактам на недропользование по углеводородам и урану

Нарушение правил по рациональному и комплексному использованию недр при проведении операций по недропользованию по контрактам на недропользование по углеводородам и урану, приведшее к ухудшению качества оставшихся запасов, необоснованным сверхпроектным и сверхнормативным потерям полезных ископаемых, –

влечет штраф на субъектов малого предпринимательства в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

Сноска. Статья 345 в редакции Закона РК от 27.12.2017 № 126-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 346. Проведение операций по разведке и (или) добыче твердых полезных ископаемых с применением видов, способов и методов работ, не предусмотренных проектным документом

Проведение операций по разведке и (или) добыче твердых полезных ископаемых с применением видов, способов и методов работ, не предусмотренных проектным документом, а равно неуведомление компетентного органа (государственного органа, являющегося стороной контракта и (или) выдавшего лицензию на недропользование) о внесении изменений в проектные документы в установленный срок –

влекут штраф на субъектов малого предпринимательства в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Сноска. Статья 346 в редакции Закона РК от 27.12.2017 № 126-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 347. Нарушение экологических требований при проведении операций по недропользованию

1. Нарушение экологических требований при проведении операций по недропользованию, если это деяние не повлекло причинение экологического ущерба, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года, а субъектами крупного предпринимательства – в течение трех лет после наложения административного взыскания, –

влечет штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства – в размере сорока, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

Сноска. Статья 347 – в редакции Закона РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 348. Проведение работ по добыче углеводородов без осуществления государственной экспертизы запасов полезных ископаемых

Проведение работ по добыче углеводородов без осуществления государственной экспертизы запасов полезных ископаемых –

влечет штраф в размере двадцати месячных расчетных показателей.

Сноска. Статья 348 в редакции Закона РК от 27.12.2017 № 126-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 349. Нарушение порядка представления отчетности в сфере недропользования

Нарушение недропользователем порядка и сроков представления отчетности, предусмотренной Кодексом Республики Казахстан "О недрах и недропользовании", –

влечет штраф в размере двадцати месячных расчетных показателей.

Сноска. Статья 349 в редакции Закона РК от 27.12.2017 № 126-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 350. Необеспечение достоверного учета добытых твердых полезных ископаемых, углеводородов

Необеспечение достоверного учета добытых твердых полезных ископаемых, углеводородов –

влечет штраф в размере двадцати пяти месячных расчетных показателей.

Сноска. Статья 350 в редакции Закона РК от 27.12.2017 № 126-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 351. Нарушение правил учета, утилизации и обезвреживания отходов производства и потребления

Сноска. Статья 351 исключена Законом РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 352. Нарушение требований по приведению горных выработок и буровых скважин в состояние, обеспечивающее их сохранность и безопасность населения

Утрата маркшейдерской документации, нарушение требований по приведению ликвидируемых или консервируемых горных выработок и буровых скважин в состояние, обеспечивающее безопасность населения, а также требований по сохранению горных выработок и буровых скважин на время консервации –

влекут штраф на должностных лиц, субъектов малого предпринимательства в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Статья 353. Нарушение порядка ликвидации и консервации объектов пользования недрами

1. Невыполнение обязательства по ликвидации последствий проведения операций по недропользованию в сроки, установленные законодательством Республики Казахстан о недрах и недропользовании, –

влечет штраф на субъектов малого предпринимательства или некоммерческие организации в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

2. Проведение операций по разведке и добыче твердых полезных ископаемых, добыче общераспространенных полезных ископаемых, использованию пространства недр и старательству, ликвидация последствий проведения которых не обеспечена в соответствии с требованиями Кодекса Республики Казахстан "О недрах и недропользовании", –

влечет приостановление деятельности на соответствующем участке или участках недр сроком на три месяца.

3. Неустранение недропользователем нарушения требования, предусмотренного частью второй настоящей статьи, в течение срока приостановления деятельности на соответствующем участке или участках недр −

влечет запрещение деятельности (операций по недропользованию) на соответствующем участке или участках недр.

Сноска. Статья 353 в редакции Закона РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 354. Отказ или уклонение от предоставления органам государственного контроля информации об использовании недр, геологической информации

Отказ или уклонение от предоставления органам государственного контроля своевременной, полной и достоверной информации об использовании недр, добытых полезных ископаемых, а также геологической информации –

влечет штраф на субъектов малого предпринимательства в размере шести, на субъектов среднего предпринимательства – в размере десяти, на субъектов крупного предпринимательства – в размере сорока месячных расчетных показателей.

Сноска. Статья 354 в редакции Закона РК от 27.12.2017 № 126-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 355. Дача должностными лицами указаний или разрешений, влекущих нарушение законодательства Республики Казахстан о недрах и недропользовании

Дача должностными лицами указаний или разрешений, влекущих нарушение законодательства Республики Казахстан о недрах и недропользовании, –

влечет штраф в размере двадцати пяти месячных расчетных показателей.

Статья 356. Нарушение правил проведения операций по недропользованию

Сноска. Заголовок статьи 356 в редакции Закона РК от 27.12.2017 № 126-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

1. Нарушение правил проведения операций по недропользованию –

влечет штраф на субъектов малого предпринимательства или некоммерческие организации в размере шестидесяти пяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

2. Невыполнение экологических требований при использовании недр –

влечет штраф на субъектов малого предпринимательства или некоммерческие организации в размере шестидесяти пяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

3. Нарушение условий проведения операций по недропользованию в сфере углеводороводов, предусмотренных законодательством Республики Казахстан о недрах и недропользовании, а также нарушение требований проектных документов по разведке и добыче углеводородов –

влекут штраф на субъектов малого предпринимательства в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

4. Проведение поисковых, оценочных работ и работ по добыче без утвержденных в установленном порядке проектных документов в сфере недропользования –

влечет штраф на субъектов малого предпринимательства в размере двухсот пятидесяти, на субъектов среднего предпринимательства – в размере пятисот, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

5. Сжигание сырого газа без разрешения или без соблюдения условий разрешения уполномоченного органа в области углеводородов, за исключением случаев, предусмотренных Кодексом Республики Казахстан "О недрах и недропользовании", –

влечет штраф на субъектов малого предпринимательства в размере двухсот пятидесяти, на субъектов среднего предпринимательства – в размере пятисот, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

6. Проведение работ недропользователем по добыче углеводородов без утилизации и (или) переработки сырого газа –

влечет штраф на субъектов малого предпринимательства в размере двухсот пятидесяти, на субъектов среднего предпринимательства – в размере пятисот, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

7. Отклонение от утвержденной в установленном порядке проектной документации при строительстве необходимых промысловых объектов и иных объектов инфраструктуры, необходимых для добычи, подготовки, хранения и транспортировки углеводородов от места добычи и хранения до места перевалки в магистральный трубопровод и (или) на другой вид транспорта, -

влечет штраф на субъектов малого предпринимательства в размере двухсот пятидесяти, на субъектов среднего предпринимательства - в размере пятисот, на субъектов крупного предпринимательства - в размере двух тысяч месячных расчетных показателей.

8. Эксплуатация скважин с нарушением установленных законодательством требований -

влечет штраф на субъектов малого предпринимательства в размере ста пятидесяти, на субъектов среднего предпринимательства - в размере трехсот, на субъектов крупного предпринимательства - в размере одной тысячи месячных расчетных показателей.

9. Проведение операций по разведке и (или) добыче углеводородов на море без разрешения, за исключением случаев, предусмотренных Кодексом Республики Казахстан "О недрах и недропользовании", или без соблюдения условий разрешения уполномоченного органа в области углеводородов –

влечет штраф на субъектов малого предпринимательства в размере двухсот пятидесяти, на субъектов среднего предпринимательства – в размере пятисот, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

10. Исключен Законом РК от 27.12.2017 № 126-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

11. Отсутствие у недропользователя, проводящего операции по разведке и (или) добыче углеводородов на море, физического или юридического лица, осуществляющего деятельность на море, связанную с риском разлива нефти на море, утвержденного плана организации работ по предупреждению и ликвидации нефтяных разливов –

влечет штраф на физических лиц в размере ста пятидесяти, на субъектов малого предпринимательства – в размере двухсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

12. Проведение операций по разведке и (или) добыче углеводородов на море без собственных материалов и оборудования, необходимых для ликвидации последствий разлива нефти первого и второго уровней на море, либо без заключенного договора со специализированной организацией –

влечет штраф на физических лиц в размере ста пятидесяти, на субъектов малого предпринимательства – в размере двухсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

13. Деяние, предусмотренное частью восьмой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере двухсот пятидесяти, на субъектов среднего предпринимательства – в размере пятисот, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

14. Деяния, предусмотренные частями четвертой, пятой, шестой и девятой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут приостановление или запрещение деятельности или отдельных видов деятельности.

Сноска. Статья 356 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 27.12.2017 № 126-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 357. Регистрация незаконных сделок по природопользованию

Регистрация заведомо незаконных сделок по природопользованию, искажение данных государственного учета и государственных кадастров природных ресурсов, а равно умышленное занижение платы за пользование природными ресурсами, загрязнение окружающей среды, охрану и воспроизводство природных ресурсов, совершенные из корыстной или иной личной заинтересованности должностным лицом с использованием своего служебного положения, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф в размере пятисот месячных расчетных показателей либо административный арест до тридцати суток.

Сноска. Статья 357 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 358. Нарушение правил охраны водных ресурсов

1. Ввод в эксплуатацию предприятий, коммунальных и других объектов без сооружений и устройств, предотвращающих загрязнение и засорение вод или их вредное воздействие, –

влечет штраф на физических лиц в размере двадцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере ста сорока месячных расчетных показателей.

2. Непроведение гидротехнических, технологических, лесомелиоративных, санитарных и других мероприятий, обеспечивающих охрану вод от загрязнения, засорения и истощения, а также улучшение состояния режима вод, –

влечет штраф на физических лиц в размере двадцати, на должностных лиц, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати четырех, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере ста сорока месячных расчетных показателей.

Сноска. Статья 358 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 359. Повреждение водохозяйственных сооружений, устройств и противопожарных систем водоснабжения, нарушение правил их эксплуатации

1. Повреждение водохозяйственных сооружений и устройств, средств измерений для учета потребления и сброса вод, а также противопожарных систем водоснабжения –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Нарушение правил эксплуатации водохозяйственных сооружений и устройств –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

Сноска. Статья 359 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 360. Незаконное строительство на водоохранных зонах и полосах водных объектов, а также незаконное изменение естественного русла реки

Сноска. Заголовок статьи 360 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Незаконное строительство зданий, сооружений и других объектов на водоохранных зонах и полосах, а также незаконное изменение естественного русла реки –

влекут штраф на физических лиц в размере двадцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере сорока пяти, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере двухсот пятидесяти месячных расчетных показателей, с принудительным сносом незаконно возводимого или возведенного строения.

2. Незаконное бурение скважин на воду и строительство водозаборов подземных вод –

влекут штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере пятидесяти пяти, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

Сноска. Статья 360 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 361. Нарушение правил ведения первичного учета вод и их использования

Нарушение правил ведения первичного учета вод и их использования –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати пяти, на субъектов крупного предпринимательства – в размере семидесяти месячных расчетных показателей.

Сноска. Статья 361 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 362. Искажение данных учета и отчетности водных ресурсов

Искажение данных учета и отчетности водного кадастра, схем комплексного использования и охраны водных ресурсов, а также их непредставление в сроки, установленные законодательством Республики Казахстан, –

влекут штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере семидесяти месячных расчетных показателей.

Сноска. Статья 362 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 363. Воспрепятствование регулированию водными ресурсами

Воспрепятствование регулированию водными ресурсами в интересах их комплексного использования, экологии и вододеления –

влечет штраф на физических лиц в размере десяти, на должностных лиц – в размере двадцати месячных расчетных показателей.

Статья 364. Нарушение правил общего водопользования

1. Нарушение правил общего водопользования, совершенное в виде:

1) купания, забора воды для питьевых и бытовых нужд, водопоя скота, катания на маломерных судах и других плавучих средствах в запрещенных местах;

2) ограничения физическими и юридическими лицами доступа населения к водным объектам общего водопользования путем установления заграждений, охранных пунктов, запрещающих знаков, –

влечет предупреждение на физических и юридических лиц.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двух, на субъектов малого предпринимательства или некоммерческие организации – в размере семи, на субъектов среднего предпринимательства – в размере семнадцати, на субъектов крупного предпринимательства – в размере сорока двух месячных расчетных показателей.

Сноска. Статья 364 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 365. Нарушение установленных водных сервитутов

1. Нарушение установленных водных сервитутов –

влечет предупреждение на физических и юридических лиц.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двух, на субъектов малого предпринимательства или некоммерческие организации – в размере семи, на субъектов среднего предпринимательства – в размере семнадцати, на субъектов крупного предпринимательства – в размере сорока двух месячных расчетных показателей.

Сноска. Статья 365 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 366. Незаконные раскорчевка, возведение построек, переработка древесины, устройство складов на землях лесного фонда

Незаконные раскорчевка, возведение построек, переработка древесины, устройства складов на землях лесного фонда –

влекут предупреждение или штраф на физических лиц в размере пяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере десяти, на субъектов среднего предпринимательства – в размере пятнадцати, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

Примечание. Лица, совершившие административные правонарушения, предусмотренные статьями 366, 368, 370, 371, 375, 381, 382, 386, 387 и 388 настоящего Кодекса, подвергаются административному взысканию в виде административного штрафа в случае причинения ими ущерба, в пять и более раз превышающего месячный расчетный показатель.

Сноска. Статья 366 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 367. Нарушение требований пожарной безопасности и санитарных правил в лесах

1. Нарушение требований пожарной безопасности и санитарных правил в лесах –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

2. То же деяние, повлекшее возникновение пожара, причинение вреда здоровью человека и окружающей среде, если это действие не причинило крупный ущерб, –

влечет штраф на физических лиц в размере двадцати пяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере сорока пяти, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере двухсот пятидесяти месячных расчетных показателей.

3. Деяния, предусмотренные частями первой и второй настоящей статьи, совершенные на особо охраняемых природных территориях, –

влекут штраф на физических лиц в размере ста, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двухсот пятидесяти, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере тысячи пятисот месячных расчетных показателей.

Сноска. Статья 367 с изменениями, внесенными Законом РК от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 368. Нарушение установленного порядка использования лесосечного фонда, заготовки и вывозки древесины, заготовки живицы и древесных соков, второстепенных древесных ресурсов (материалов)

Сноска. Заголовок статьи 368 – в редакции Закона РК от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

1. Нарушение установленного порядка использования лесосечного фонда, заготовки и вывозки древесины, заготовки живицы и древесных соков, второстепенных древесных ресурсов (материалов) –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное на особо охраняемых природных территориях, –

влечет предупреждение или штраф на физических лиц в размере тридцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере шестидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

Сноска. Статья 368 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 369. Нарушение сроков возврата временно занимаемых участков лесного фонда и особо охраняемых природных территорий

1. Нарушение сроков возврата временно занимаемых участков государственного лесного фонда или невыполнение обязанностей по приведению их в состояние, пригодное для использования по назначению, -

влечет предупреждение или штраф на физических лиц в размере трех, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. То же деяние, совершенное на особо охраняемых природных территориях, –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере двухсот пятидесяти месячных расчетных показателей.

Сноска. Статья 369 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 370. Повреждение сенокосов и пастбищных угодий, а также незаконное сенокошение и пастьба скота, сбор лекарственных растений и технического сырья на землях лесного фонда

1. Повреждение сенокосов и пастбищных угодий на землях лесного фонда –

влечет предупреждение или штраф в размере пяти месячных расчетных показателей.

2. Незаконные сенокошение и пастьба скота в лесах и на землях лесного фонда –

влекут предупреждение или штраф в размере семи месячных расчетных показателей.

3. Незаконный сбор лекарственных растений и технического сырья на участках, где это запрещено или допускается только по лесным билетам, –

влечет предупреждение или штраф в размере семи месячных расчетных показателей.

4. Действия, предусмотренные частями первой, второй и третьей настоящей статьи, совершенные на особо охраняемых природных территориях, –

влекут штраф в размере тридцати месячных расчетных показателей.

Сноска. Статья 370 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 371. Нарушение порядка и сроков облесения вырубок и других категорий земель лесного фонда, предназначенных лесовосстановления и лесоразведения

Нарушение порядка и сроков облесения вырубок и других категорий земель лесного фонда, предназначенных для лесовосстановления и лесоразведения, –

влечет предупреждение или штраф на должностных лиц в размере десяти месячных расчетных показателей.

Статья 372. Уничтожение или повреждение лесной фауны, а также повреждение, засорение леса отходами, химическими веществами и иное нанесение ущерба землям лесного фонда

1. Уничтожение или повреждение лесной фауны –

влечет штраф на физических лиц в размере восьми, на субъектов малого предпринимательства или некоммерческие организации – в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере двухсот пятидесяти месячных расчетных показателей.

2. Повреждение леса сточными водами, химическими веществами, промышленными и бытовыми выбросами, отходами и отбросами, влекущее его усыхание или заболевание либо засорение леса, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати пяти, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

3. Уничтожение или повреждение лесоосушительных канав, дренажных систем и дорог на землях лесного фонда –

влечет штраф на физических лиц в размере десяти месячных расчетных показателей.

4. Действия, предусмотренные частями первой, второй и третьей настоящей статьи, совершенные на особо охраняемых природных территориях, –

влекут штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере семидесяти, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере семисот пятидесяти месячных расчетных показателей.

Сноска. Статья 372 с изменениями, внесенными Законом РК от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 373. Осуществление лесных пользований не в соответствии с целями или требованиями, предусмотренными разрешительными документами

1. Осуществление лесных пользований не в соответствии с целями или требованиями, предусмотренными разрешительными документами, –

влечет штраф на физических лиц в размере трех, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере пяти, на субъектов среднего предпринимательства – в размере десяти, на субъектов крупного предпринимательства – в размере сорока месячных расчетных показателей.

2. То же действие, совершенное на особо охраняемых природных территориях, –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Сноска. Статья 373 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 374. Строительство и эксплуатация объектов, приведших к вредному воздействию на состояние и воспроизводство лесов

1. Строительство и эксплуатация объектов, приведших к вредному воздействию на состояние и воспроизводство лесов, –

влекут штраф на физических лиц в размере пяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере десяти, на субъектов среднего предпринимательства – в размере пятнадцати, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Те же действия, совершенные на особо охраняемых природных территориях, –

влекут штраф на физических лиц в размере двадцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере тридцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

Сноска. Статья 374 с изменением, внесенным законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 375. Нарушение установленного порядка отвода и таксации лесосек

Нарушение установленного порядка отвода и таксации лесосек –

влечет предупреждение или штраф на должностных лиц в размере десяти месячных расчетных показателей.

Статья 376. Допущение заготовки древесины в размерах, превышающих расчетную лесосеку

Допущение заготовки древесины в размерах, превышающих расчетную лесосеку, –

влечет штраф на должностных лиц в размере трехсот месячных расчетных показателей.

Статья 377. Незаконные транспортировка, хранение и применение пестицидов, ядохимикатов и других препаратов

Сноска. Заголовок статьи 377 с изменением, внесенным Законом РК от 28.10.2019 № 268-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Незаконные транспортировка, хранение и применение пестицидов, ядохимикатов и других препаратов, которые повлекли или могли повлечь загрязнение окружающей среды либо причинение ущерба животному миру, за исключением случаев, предусмотренных статьей 416 настоящего Кодекса, –

влекут предупреждение или штраф на физических лиц в размере пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Те же действия, совершенные на особо охраняемых природных территориях, –

влекут штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Сноска. Статья 377 с изменениями, внесенными Законом РК от 28.10.2019 № 268-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 378. Нарушение правил охраны мест произрастания растений и среды обитания животных, правил создания, хранения, учета и использования зоологических коллекций, а равно незаконные переселение, интродукция, реинтродукция и гибридизация видов животных

Сноска. Заголовок статьи 378 с изменением, внесенным Законом РК от 15.06.2017 № 73-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Нарушение правил охраны мест произрастания растений и среды обитания животных, условий размножения, путей миграции и мест концентраций животных, правил создания, хранения, учета и использования зоологических и ботанических коллекций, а равно незаконные переселение, интродукция, реинтродукция и гибридизация видов животных –

влекут предупреждение или штраф на физических лиц в размере восьми, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере четырнадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере шестидесяти месячных расчетных показателей.

2. Те же деяния, совершенные на особо охраняемых природных территориях, –

влекут предупреждение или штраф на физических лиц в размере пятнадцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Сноска. Статья 378 с изменениями, внесенными законами РК от 15.06.2017 № 73-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 379. Нарушение мероприятий охраны растений и животных при размещении, проектировании и строительстве населенных пунктов, предприятий и других объектов, осуществлении производственных процессов и эксплуатации транспортных средств, применении средств защиты растений, минеральных удобрений других препаратов

Нарушение мероприятий охраны растений и животных при размещении, проектировании и строительстве населенных пунктов, предприятий и других объектов, осуществлении производственных процессов и эксплуатации транспортных средств, применении средств защиты растений, минеральных удобрений и других препаратов, за исключением случаев, предусмотренных статьей 416 настоящего Кодекса, –

влечет предупреждение или штраф на физических лиц в размере восьми, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере четырнадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере семидесяти месячных расчетных показателей.

Статья 380. Нарушение порядка пребывания физических лиц на отдельных видах особо охраняемых природных территорий

Пребывание физических лиц без специального разрешения и вне отведенных мест для посещения на территориях государственных природных заповедников, государственных национальных природных парков, государственных природных резерватов, государственных региональных природных парков –

влечет предупреждение или штраф в размере пяти месячных расчетных показателей.

Сноска. Статья 380 с изменением, внесенным Законом РК от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 380-1. Нарушение режима охраны особо охраняемых природных территорий

1. Нарушение режима охраны особо охраняемых природных территорий, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере двадцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Сноска. Глава 21 дополнена статьей 380-1 в соответствии с Законом РК от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 381. Повреждение или уничтожение объектов селекционно-генетического назначения

Повреждение или уничтожение объектов селекционно-генетического назначения: плюсовых деревьев, архивных клонов плюсовых деревьев, географических культур, испытательных культур популяций и гибридов, деревьев и кустарников на лесосеменных плантациях, деревьев и кустарников на постоянных лесосеменных участках, деревьев и кустарников в плюсовых насаждениях –

влечет предупреждение или штраф на физических лиц в размере двадцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере трехсот пятидесяти месячных расчетных показателей.

Сноска. Статья 381 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 381-1. Незаконная порубка, уничтожение или повреждение деревьев и кустарников

1. Незаконная порубка, уничтожение или повреждение деревьев и кустарников, не входящих в лесной фонд и запрещенных к порубке, кроме деревьев и кустарников на приусадебных, дачных и садовых участках, а равно уничтожение или повреждение лесных культур, сеянцев либо саженцев в лесных питомниках и на плантациях, а также молодняков естественного происхождения, подроста либо самосева на площадях, предназначенных для воспроизводства лесов и лесоразведения, с причинением ущерба до пятидесяти месячных расчетных показателей –

влекут штраф на физических лиц в размере пятидесяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей, с конфискацией незаконно срубленных деревьев и кустарников, транспортных средств и иных предметов нарушителя, явившихся орудием совершения указанных нарушений.

2. Незаконная порубка, уничтожение или повреждение деревьев и кустарников, входящих в лесной фонд, с причинением ущерба до пятидесяти месячных расчетных показателей –

влекут штраф на физических лиц в размере ста, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере трехсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с конфискацией незаконно срубленных деревьев и кустарников, транспортных средств и иных предметов нарушителя, явившихся орудием совершения указанных нарушений.

3. Действия, предусмотренные частями первой или второй настоящей статьи, совершенные на особо охраняемых природных территориях или повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере ста пятидесяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере четырехсот пятидесяти, на субъектов среднего предпринимательства – в размере шестисот, на субъектов крупного предпринимательства – в размере одной тысячи пятисот месячных расчетных показателей, с конфискацией незаконно срубленных деревьев и кустарников, транспортных средств и иных предметов нарушителя, явившихся орудием совершения указанных нарушений.

Сноска. Глава 21 дополнена статьей 381-1 в соответствии с Законом РК от 28.10.2019 № 268-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными законами РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021); от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 382. Нарушение требований пользования животным миром и правил охоты

1. Нарушение требований пользования животным миром и (или) правил охоты, не содержащее признаков уголовно наказуемого деяния, –

влечет предупреждение или штраф на физических лиц в размере пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. То же нарушение, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере шестидесяти пяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей либо лишение права охоты на срок до двух лет, с конфискацией орудий добывания животных, транспортных средств и иных предметов, явившихся орудием совершения указанного нарушения.

3. Деяние, предусмотренное частью первой настоящей статьи, совершенное на особо охраняемых природных территориях, –

влечет штраф на физических лиц в размере семидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста десяти, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей либо лишение права охоты на срок до двух лет, с конфискацией предметов и (или) орудия административного правонарушения.

Сноска. Статья 382 с изменениями, внесенными Законом РК от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 383. Нарушение правил рыболовства и охраны рыбных ресурсов и других водных животных

1. Нарушение правил рыболовства, а также правил осуществления других видов пользования рыбными ресурсами и другими водными животными, не содержащее признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства – в размере пятидесяти, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

3. Грубое нарушение правил рыболовства, за исключением любительского (спортивного) рыболовства, в запрещенные сроки, запрещенными орудиями или способами, в запрещенных местах, а также правил осуществления других видов пользования рыбными ресурсами и другими водными животными, не содержащее признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства – в размере шестидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот пятидесяти месячных расчетных показателей, с конфискацией предметов и (или) орудия административного правонарушения или без таковой.

4. Действие, предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере сорока, на субъектов малого предпринимательства – в размере восьмидесяти, на субъектов среднего предпринимательства – в размере ста двадцати, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей, с конфискацией предметов и (или) орудия административного правонарушения или без таковой.

5. Забор воды из рыбохозяйственных водоемов без установки специальных приспособлений для предохранения от попадания рыбы в водозаборные сооружения –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере тридцати, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

Статья 384. Нарушение требований законодательства в области охраны, воспроизводства и использования рыбных ресурсов и других водных животных

Нарушение требований законодательства в области охраны, воспроизводства и использования рыбных ресурсов и других водных животных, если это действие не содержит признаков уголовно наказуемого деяния, совершенное в виде:

1) допущения сброса вредных веществ, превышающих установленные нормативы;

2) необеспечения новых и реконструируемых объектов сооружениями и устройствами, предотвращающими вредное воздействие, загрязнение и засорение вод;

3) использования животноводческих ферм и других производственных комплексов, не имеющих очистных сооружений и санитарно-защитных зон;

4) использования сооружений и устройств для транспортирования и хранения нефтяных, химических и других продуктов без оборудования их средствами для предотвращения загрязнения вод;

5) применения пестицидов, удобрений на водоохранных полосах водных объектов;

6) сброса и захоронения радиоактивных и токсичных веществ в водные объекты;

7) сброса в водные объекты сточных вод промышленных, пищевых объектов, не имеющих сооружений очистки и не обеспечивающих в соответствии с нормативами эффективной очистки;

8) применения техники и технологий на водных объектах и водохозяйственных сооружениях, представляющих угрозу окружающей среде;

9) сброса в водные объекты и захоронения в них твердых, производственных, бытовых и других отходов;

10) засорения водосборных площадей водных объектов, ледяного покрова водных объектов, ледников твердыми, производственными, бытовыми и другими отходами, смыв которых повлечет ухудшение качества поверхностных водных объектов, –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Сноска. Статья 384 с изменением, внесенным Законом РК от 28.10.2019 № 268-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 385. Нарушение правил ведения охотничьего хозяйства

1. Нарушение правил ведения охотничьего хозяйства, если это действие не содержит признаков уголовно наказуемого деяния, совершенное в виде:

1) незаконного ограничения посещения охотничьих угодий;

2) применения запрещенных видов, способов и сроков охоты;

3) необеспечения организации охраны, воспроизводства и пользования животным миром на закрепленных охотничьих угодьях, –

влечет штраф на физических лиц в размере трех, на должностных лиц, субъектов малого предпринимательства – в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное три и более раза в течение одного года, после наложения административного взыскания, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере пяти, на должностных лиц, субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей, либо лишение права ведения охотничьего хозяйства.

Сноска. Статья 385 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 386. Нарушение правил содержания и защиты зеленых насаждений

Нарушение устанавливаемых местными представительными органами областей, городов республиканского значения и столицы правил содержания и защиты зеленых насаждений, за исключением случаев, предусмотренных статьей 381-1 настоящего Кодекса, –

влечет предупреждение или штраф на физических лиц в размере тридцати, на субъектов малого предпринимательства или некоммерческие организации – в размере шестидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

Сноска. Статья 386 с изменениями, внесенными законами РК от 28.12.2018 № 210-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021); от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 387. Несвоевременная очистка мест рубок от порубочных остатков, засорение просек и прилегающих к лесосекам территорий

1. Несвоевременная очистка мест рубок от порубочных остатков, засорение просек и прилегающих к лесосекам территорий –

влекут предупреждение или штраф на физических лиц в размере пяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двенадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Те же деяния, совершенные на особо охраняемых природных территориях, –

влекут штраф на физических лиц в размере тридцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Сноска. Статья 387 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 388. Нарушения порядка и сроков разработки лесосек

1. Нарушения порядка и сроков разработки лесосек –

влекут предупреждение или штраф на физических лиц в размере пяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двенадцати, на субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Те же деяния, совершенные на особо охраняемых природных территориях, –

влекут штраф на физических лиц в размере тридцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Сноска. Статья 388 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 389. Незаконные приобретение, сбыт, провоз, ввоз, вывоз, хранение (содержание) видов диких животных и растений, их частей или дериватов

1. Незаконные приобретение, сбыт, провоз, ввоз, вывоз, хранение (содержание) видов диких животных и растений, их частей или дериватов –

влекут штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере семидесяти месячных расчетных показателей, с конфискацией видов диких животных и растений и их продукции.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение одного года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства – в размере шестидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере ста сорока месячных расчетных показателей, с конфискацией видов диких животных и растений и их продукции.

Статья 390. Нарушение порядка выдачи и использования выданных разрешений на пользование животным миром

1. Нарушение порядка выдачи разрешения на пользование животным миром –

влечет штраф на должностных лиц в размере двадцати пяти месячных расчетных показателей.

2. Нарушение выданных разрешений на пользование животным миром, выразившееся в незаконном изъятии половозрастного состава (в случае указания), сроков изъятия, территории и границ участка предполагаемого изъятия, способов изъятия (отлов, отстрел, сбор) животного мира из среды обитания, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере пяти, на субъектов малого предпринимательства – в размере двенадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

Статья 391. Незаконное изменение условий выданной лицензии, а равно нарушение утвержденного порядка проведения нефтяных операций на море

Незаконное изменение условий выданной лицензии, а равно нарушение утвержденного порядка проведения нефтяных операций на море –

влекут штраф на субъектов малого предпринимательства в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

Статья 392. Осуществление нефтяных операций на море, создающих препятствие и наносящих вред морскому судоходству, рыбной ловле

1. Осуществление нефтяных операций на море, создающих препятствие и наносящих вред морскому судоходству, рыбной ловле, –

влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

2. Исключен Законом РК от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

3. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на субъектов малого предпринимательства в размере семидесяти пяти, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей, с конфискацией судна и орудий совершения правонарушения либо без таковой.

Сноска. Статья 392 с изменениями, внесенными Законом РК от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 393. Нарушение правил проведения морских научных исследований на континентальном шельфе Республики Казахстан

1. Нарушение правил проведения морских научных исследований, предусмотренных разрешением или международными договорами Республики Казахстан, которое создало или могло создать помехи законным видам деятельности на континентальном шельфе Республики Казахстан, либо незаконное изменение программы морских научных исследований на континентальном шельфе Республики Казахстан –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере сорока пяти, на субъектов среднего предпринимательства – в размере семидесяти пяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства – в размере семидесяти, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Статья 394. Нарушение правил захоронения отходов и других материалов, а также правил консервации и демонтажа на континентальном шельфе Республики Казахстан

1. Нарушение правил захоронения судов и иных плавучих средств, летательных аппаратов, искусственных островов, установок и сооружений, отходов и других материалов, а также правил консервации и демонтажа, предусмотренных международными договорами, ратифицированными Республикой Казахстан, которое способно привести к порче месторождений полезных ископаемых, причинить вред жизни или здоровью людей, нанести ущерб биологическим ресурсам, морской флоре и фауне или создать помехи другим законным видам деятельности на континентальном шельфе Республики Казахстан, –

влечет штраф на физических лиц в размере пяти, на субъектов малого предпринимательства – в размере сорока пяти, на субъектов среднего предпринимательства – в размере семидесяти пяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере девяноста, на субъектов среднего предпринимательства – в размере одной тысячи, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

Сноска. Статья 394 с изменением, внесенным Законом РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 395. Невыполнение законных требований должностных лиц органов охраны континентального шельфа Республики Казахстан

1. Невыполнение законных требований должностных лиц органов охраны континентального шельфа Республики Казахстан об остановке судна, а также воспрепятствование осуществлению этими должностными лицами возложенных на них полномочий, в том числе осмотру судна, –

влекут штраф в размере семидесяти месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере ста пятидесяти месячных расчетных показателей с конфискацией судна и орудий совершения правонарушения, а также полученных результатов исследований либо без таковой.

Статья 396. Незаконная передача минеральных и биологических ресурсов континентального шельфа, территориальных вод (моря) и внутренних вод Республики Казахстан

1. Незаконная передача минеральных и биологических ресурсов континентального шельфа, территориальных вод (моря) и внутренних вод Республики Казахстан иностранцам, юридическим лицам, созданным в соответствии с законодательством другого государства, либо иностранным государствам –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере ста процентов от стоимости незаконно переданных минеральных и биологических ресурсов.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства – в размере двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере двухсот процентов от стоимости незаконно переданных минеральных и биологических ресурсов с конфискацией судна и орудий совершения правонарушения, а также полученных результатов исследований либо без таковой.

Статья 397. Нарушение законодательства об экологическом аудите

Сноска. Статья 397 исключена Законом РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 398. Реализация икры, маркированной с нарушением порядка маркирования, либо немаркированной икры осетровых видов рыб

1. Реализация икры, маркированной с нарушением порядка маркирования, либо немаркированной икры осетровых видов рыб –

влечет штраф на физических лиц в размере тридцати пяти, на субъектов малого предпринимательства – в размере шестидесяти, на субъектов среднего предпринимательства – в размере девяноста, на субъектов крупного предпринимательства – в размере ста двадцати месячных расчетных показателей, с конфискацией икры, маркированной с нарушением порядка маркирования, либо икры, реализуемой без маркировки.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере семидесяти, на субъектов малого предпринимательства – в размере ста пятнадцати, на субъектов среднего предпринимательства – в размере ста шестидесяти, на субъектов крупного предпринимательства – в размере двухсот двадцати месячных расчетных показателей, с конфискацией икры, маркированной с нарушением порядка маркирования, либо икры, реализуемой без маркировки.

Статья 399. Нарушения при выполнении работ и оказании услуг в области охраны окружающей среды

1. Представление физическими и юридическими лицами, выполняющими работы и оказывающими услуги в области охраны окружающей среды, недостоверных данных при оказании услуг –

влечет штраф на субъектов малого предпринимательства в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года, а субъектами крупного предпринимательства – в течение трех лет после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере восьмисот месячных расчетных показателей, с приостановлением действия лицензии на соответствующий вид услуги.

3. Совершение действий, предусмотренных частями первой и второй настоящей статьи, повлекших причинение экологического ущерба либо совершенных более трех раз, если эти действия не содержат признаков уголовно наказуемого деяния, –

влечет штраф на субъектов малого предпринимательства в размере четырехсот, на субъектов среднего предпринимательства – в размере шестисот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с лишением лицензии на соответствующий вид услуги.

Сноска. Статья 399 – в редакции Закона РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).
Примечание ИЗПИ!
В заголовок главы 22 предусмотрено изменение Законом РК от 10.06.2024 № 91-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Глава 22. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ ЗАЩИТЫ И КАРАНТИНА РАСТЕНИЙ, ЗЕРНОВОГО РЫНКА И ХРАНЕНИЯ ЗЕРНА, СЕМЕНОВОДСТВА И ГОСУДАРСТВЕННОГО ВЕТЕРИНАРНО-САНИТАРНОГО КОНТРОЛЯ И НАДЗОРА, ПЛЕМЕННОГО ЖИВОТНОВОДСТВА, ПРОИЗВОДСТВА ОРГАНИЧЕСКОЙ ПРОДУКЦИИ, А ТАКЖЕ РЕАЛИЗАЦИИ МЕХАНИЗМОВ СТАБИЛИЗАЦИИ ЦЕН НА СОЦИАЛЬНО ЗНАЧИМЫЕ ПРОДОВОЛЬСТВЕННЫЕ ТОВАРЫ

Сноска. Заголовок главы 22 в редакции Закона РК от 02.04.2019 № 241-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 05.01.2021 № 409-VI (вводится в действие с 01.01.2022).

Статья 400. Нарушение законодательства Республики Казахстан в области карантина растений

1. Нарушение фитосанитарных требований к ввозимой подкарантинной продукции и проведению фитосанитарных мероприятий, совершенное в виде:

1) ввоза на территорию Республики Казахстан подкарантинной продукции, не соответствующей фитосанитарным требованиям, предъявляемым к ввозимой подкарантинной продукции;

2) ввоза на территорию Республики Казахстан партии подкарантинной продукции высокого фитосанитарного риска без фитосанитарного сертификата национальной карантинной службы страны-экспортера;

3) ввоза на территорию Республики Казахстан партии подкарантинной продукции с высоким фитосанитарным риском без реэкспортного фитосанитарного сертификата национальной карантинной службы страны-реэкспортера;

4) осуществления перевозки импортной подкарантинной продукции по территории Республики Казахстан с нарушением фитосанитарных требований Республики Казахстан;

5) непредоставления подкарантинной продукции для досмотра;

6) непроведения ежегодного профилактического обеззараживания складских помещений, в которых осуществляется хранение или переработка подкарантинной продукции;

7) использования посадочного или семенного материала до получения результатов лабораторной экспертизы;

8) несоблюдения условий хранения импортного посадочного или семенного материала до получения результатов лабораторной экспертизы;

9) использования на семенные цели зерновых, зернобобовых, масличных культур, ввезенных на территорию Республики Казахстан для использования на продовольственные, кормовые и технические цели;

10) непроведения очистки транспортных средств после перевозки импортной подкарантинной продукции, а также подкарантинной продукции из карантинных зон с обязательным уничтожением отходов;

11) переадресовки подкарантинной продукции в пути следования или пункте назначения без разрешения уполномоченного органа;

12) непредоставления ввозимой подкарантинной продукции для вторичного карантинного досмотра в пункте ее назначения;

13) использования для посева семенной или посадочный материал, засоренный карантинными сорными растениями;

14) осуществления хранения или очистки подкарантинной продукции, заготовленной в зоне распространения карантинных объектов с подкарантинной продукции, заготовленной в свободной от карантинных объектов зоне;

15) необеспечения систематического обследования посевов, территорий, складов, деятельность которых связана с производством, заготовкой, переработкой, хранением, транспортировкой и реализацией подкарантинной продукции;

16) осуществления межобластных перевозок подкарантинной продукции без карантинного сертификата, –

влечет штраф на физических лиц в размере двадцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Нарушение законодательства Республики Казахстан в области карантина растений при ввозе, внутригосударственных перевозках и при реализации подкарантинной продукции, совершенное в виде:

1) ввоза на территорию Республики Казахстан и при внутригосударственных перевозках подкарантинной продукции, а также транспортных средств, зараженных карантинными объектами и чужеродными видами;

2) нарушения запретов или ограничений на ввоз подкарантинной продукции в Республику Казахстан;

3) реализации зараженной карантинными объектами подкарантинной продукции;

4) переадресовки подкарантинной продукции, вывезенной из карантинной зоны Республики Казахстан, в пути следования;

5) транспортировки клещей, нематод и живых насекомых, ввозимых в научно-исследовательских целях одновременно с зерновыми, зернобобовыми, кормовыми, масличными, техническими культурами и продуктами их переработки, плодами, овощами, фруктами и картофелем, посадочным или семенным материалом, срезами живых цветов и горшечных растений, древесными, упаковочными и крепежными материалами;

6) нарушения запретов или ограничений на вывоз зараженной карантинными объектами подкарантинной продукции из карантинной фитосанитарной зоны, –

влечет штраф на физических лиц в размере двадцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей с конфискацией подкарантинной продукции в случае невозможности ее обеззараживания и переработки.

3. Несвоевременное или ненадлежащее ведение учета распространения карантинных объектов либо несвоевременная или ненадлежащая организация мероприятий по карантину растений на объектах государственного контроля и надзора в области карантина растений –

влечет штраф на должностных лиц в размере тридцати месячных расчетных показателей.

4. Действие (бездействие), предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц в размере шестидесяти месячных расчетных показателей.

Сноска. Статья 400 в редакции Закона РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 401. Нарушение законодательства Республики Казахстан о зерне

1. Реализация зерна при экспорте и импорте без соответствующих паспортов качества зерна –

влечет штраф на физических лиц в размере пяти, на субъектов малого предпринимательства – в размере десяти, на субъектов среднего предпринимательства – в размере пятнадцати, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

2. Исключен Законом РК от 04.12.2015 № 435-V (вводится в действие с 01.01.2016).

3. Нарушение хлебоприемными предприятиями правил ведения количественно-качественного учета зерна, правил формирования и ведения государственного электронного реестра держателей зерновых расписок, совершенное в виде:

1) ненадлежащего оформления зерна, поступающего на хлебоприемные предприятия;

2) ненадлежащего оформления очистки, сушки зерна;

3) ненадлежащего оформления отгрузки зерна;

4) ненадлежащего ведения книги количественно-качественного учета зерна;

5) несоблюдения порядка определения зачтенного физического веса зерна;

6) несоблюдения срока выпуска и погашения зерновой расписки;

7) ввода недостоверной информации в государственный электронный реестр держателей зерновых расписок;

8) исключен Законом РК от 09.04.2016 № 502-V (порядок введения в действие см. ст. 2).
9) исключен Законом РК от 09.04.2016 № 502-V (порядок введения в действие см. ст. 2).
10) исключен Законом РК от 09.04.2016 № 502-V (порядок введения в действие см. ст. 2).

влекут штраф на субъектов среднего предпринимательства в размере двухсот, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

4. Осуществление хлебоприемным предприятием деятельности, не относящейся к оказанию услуг по складской деятельности с выпуском зерновых расписок, за исключением деятельности, разрешенной Законом Республики Казахстан "О зерне", –

влечет штраф на субъектов среднего предпринимательства в размере ста двадцати, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

4-1. Выпуск хлебоприемным предприятием гарантий и (или) предоставление своего имущества в залог по обязательствам третьих лиц –

влекут штраф на субъектов среднего предпринимательства в размере ста двадцати, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей, с приостановлением действия лицензии.

5. Систематическое (два и более раза в течение шести последовательных календарных месяцев) искажение хлебоприемными предприятиями показателей количества и качества зерна при условии их документального подтверждения –

влечет штраф на субъектов среднего предпринимательства в размере двухсот, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

6. Отчуждение хлебоприемным предприятием основных средств, без которых осуществление деятельности по оказанию услуг по складской деятельности с выпуском зерновых расписок становится полностью невозможным либо существенно ухудшается, –

влечет штраф на субъектов среднего предпринимательства в размере ста, на субъектов крупного предпринимательства – в размере двухсот восьмидесяти месячных расчетных показателей, с приостановлением действия лицензии.

7. Неустранение нарушений, повлекших привлечение к административной ответственности, предусмотренной частями четвертой, пятой, шестой настоящей статьи, по истечении срока приостановления действия лицензии –

влечет штраф на субъектов среднего предпринимательства в размере двухсот пятидесяти, на субъектов крупного предпринимательства – в размере пятисот пятидесяти месячных расчетных показателей, с лишением лицензии.

8. Исключен Законом РК от 04.12.2015 № 435-V (вводится в действие с 01.01.2016).
9. Исключен Законом РК от 04.12.2015 № 435-V (вводится в действие с 01.01.2016).

10. Нарушение законодательства Республики Казахстан о зерне членами комиссии по временному управлению или временной администрацией в период временного управления хлебоприемным предприятием –

влечет штраф на физических лиц, субъектов малого предпринимательства в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

11. Несоблюдение хлебоприемными предприятиями порядка хранения зерна, а также мероприятий, обеспечивающих их количественную и качественную сохранность, необеспечение в установленном порядке отбора проб зерна его владельцем –

влекут штраф на субъектов среднего предпринимательства в размере ста, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

Сноска. Статья 401 с изменениями, внесенными законами РК от 04.12.2015 № 435-V (вводится в действие с 01.01.2016); от 09.04.2016 № 502-V (порядок введения в действие см. ст. 2); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 402. Нарушения при осуществлении предпринимательской деятельности и оказании услуг в области семеноводства

1. Осуществление деятельности по производству, реализации, хранению, транспортировке и использования семян с нарушением законодательства Республики Казахстан в области семеноводства, совершенное в виде:

1) использования для посева (посадки) семян сельскохозяйственных растений, зараженных карантинными объектами;

2) исключен Законом РК от 27.11.2015 № 424-V (вводится в действие по истечении шести месяцев после дня его первого официального опубликования);
3) исключен Законом РК от 27.11.2015 № 424-V (вводится в действие по истечении шести месяцев после дня его первого официального опубликования);

4) использования для посева (посадки) в аттестованных элитно-семеноводческих и семеноводческих хозяйствах семян, не соответствующих по сортовым и посевным качествам;

5) использования для посева (посадки) семян, не прошедших экспертизу посевных качеств семян;

6) реализации и использования для посева (посадки) семян, не соответствующих требованиям технических регламентов;

7) нарушения порядка и сроков проведения сортообновления и сортосмены;

8) неприобретения оригинальных семян сортов и родительских форм гибридов для обеспечения производства элитных семян с целью их дальнейшей реализации;

9) неведения учета количества, происхождения реализованных и использованных на собственные нужды семян, их сортовых и посевных качеств;

10) несоздания страховых и переходящих фондов семян сельскохозяйственных растений за счет собственных средств, –

влечет предупреждение или штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере семнадцати, на субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Нарушение апробаторами, семенными экспертами и аттестованными юридическими лицами, оказывающими услуги по проведению апробации сортовых посевов сельскохозяйственных растений, экспертизы сортовых и посевных качеств семян –

влечет предупреждение или штраф на физических лиц в размере десяти, на юридических лиц – в размере двухсот месячных расчетных показателей.

3. Нарушение аттестованными физическими и юридическими лицами, а также апробаторами и семенными экспертами квалификационных требований, предъявляемых к деятельности в области семеноводства, –

влечет предупреждение или штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства – в размере тридцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

4. Деяния, предусмотренные частью третьей настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут на физических лиц в размере пятидесяти месячных расчетных показателей, на аттестованных лиц – лишение свидетельства об аттестации, удостоверяющего право на субъектов на осуществление деятельности в области семеноводства.

5. Несвоевременное проведение аттестации, переаттестации субъектов семеноводства –

влечет штраф на должностных лиц в размере двадцати месячных расчетных показателей.

Сноска. Статья 402 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 27.11.2015 № 424-V (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 403. Нарушение законодательства Республики Казахстан о защите растений

1. Непредставление, а равно несвоевременное представление фитосанитарной отчетности –

влечет штраф на физических лиц в размере пяти, на должностных лиц, субъектов малого предпринимательства – в размере десяти, на субъектов среднего предпринимательства – в размере пятнадцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Непроведение фитосанитарного мониторинга и фитосанитарных мероприятий на объектах фитосанитарного контроля, повлекшее развитие и распространение вредных организмов с численностью выше экономического порога вредоносности, –

влечет штраф на физических лиц в размере пяти, на должностных лиц, субъектов малого предпринимательства – в размере десяти, на субъектов среднего предпринимательства – в размере пятнадцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

3. Непроведение обезвреживания пестицидов и содержание, поддержание специальных хранилищ (могильников) в ненадлежащем состоянии, совершенные в виде:

1) отсутствия специальных хранилищ (могильников) для обезвреживания пестицидов и тары из-под них;

2) отсутствия методов и технологий обезвреживания пришедших в негодность пестицидов и тары из-под них, разработанных и предоставляемых поставщиками (производителями, импортерами, продавцами) пестицидов;

3) хранения пестицидов первого класса опасности, пришедших в негодность к дальнейшему использованию по назначению, в емкостях, не обеспечивающих герметичность и не исключающих возможность загрязнения пестицидами окружающей среды;

4) упаковки пестицидов второго класса опасности при необходимости в многослойную тару из полимерных материалов без специальных вкладышей (в зависимости от специфики пестицида);

5) переупаковки пестицидов с нарушенной целостностью упаковки;

6) отсутствия высокотемпературных установок, обеспечивающих распад сжигаемых соединений до нетоксичных (неопасных) веществ в местах, определенных в соответствии с законодательством государственными органами экологического контроля и санитарно-эпидемиологического благополучия населения для уничтожения бумажной или деревянной тары из-под пестицидов путем сжигания;

7) отсутствия средств механизации для загрузки, перевозки и выгрузки запрещенных, пришедших в негодность пестицидов и тары из-под них, –

влекут штраф на физических лиц в размере пяти, на должностных лиц, субъектов малого предпринимательства – в размере десяти, на субъектов среднего предпринимательства – в размере пятнадцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

4. Непринятие мер по строительству специальных хранилищ (могильников) –

влечет штраф на должностных лиц в размере десяти месячных расчетных показателей.

5. Действия (бездействие), предусмотренные частями первой, второй, третьей и четвертой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Сноска. Статья 403 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 28.10.2019 № 268-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 404. Нарушение законодательства Республики Казахстан о развитии хлопковой отрасли

Сноска. Статью 404 исключена Законом РК от 05.01.2021 № 409-VI (вводится в действие с 01.01.2022).

Статья 405. Несоблюдение предельной торговой надбавки при реализации механизмов стабилизации цен на социально значимые продовольственные товары

Несоблюдение предельной торговой надбавки при реализации механизмов стабилизации цен на социально значимые продовольственные товары –

влечет штраф на юридических лиц в размере двухсот пятидесяти месячных расчетных показателей.

Сноска. Статья 405 в редакции Закона РК от 02.04.2019 № 241-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 406. Нарушение законодательства Республики Казахстан в области ветеринарии

1. Нарушение законодательства Республики Казахстан в области ветеринарии, совершенное в виде:

1) несоблюдения условий и требований карантина и ограничительных мероприятий;

2) несоблюдения ветеринарных (ветеринарно-санитарных) правил, требований и ветеринарных нормативов:

при размещении, строительстве, реконструкции и вводе в эксплуатацию объектов государственного ветеринарно-санитарного контроля и надзора, связанных с содержанием, разведением, использованием, производством, заготовкой (убоем), хранением, переработкой и реализацией подконтрольных государственному ветеринарно-санитарному контролю и надзору перемещаемых (перевозимых) объектов;

при содержании, разведении и использовании животных, включая животных в зоопарках, цирках, на пасеках, в аквариумах;

при осуществлении деятельности на объектах внутренней торговли; на объектах производства, осуществляющих выращивание животных, заготовку (убой), хранение, переработку и реализацию животных, продукции и сырья животного происхождения; в организациях по производству, хранению и реализации ветеринарных препаратов, кормов и кормовых добавок;

при осуществлении транспортировки (перемещения) подконтрольных государственному ветеринарно-санитарному контролю и надзору перемещаемых (перевозимых) объектов на территории Республики Казахстан;

3) несоблюдения требований нормативных правовых актов об охране территории Республики Казахстан от заноса и распространения заразных и экзотических болезней животных из других государств;

4) несоблюдения условий и требований убоя сельскохозяйственных животных, предназначенных для последующей реализации;

5) осуществления производства, ввоза (импорта), реализации и применения (использования) ветеринарных препаратов, кормовых добавок без их государственной регистрации, за исключением случаев производства, ввоза (импорта) в объемах, необходимых для проведения их регистрационных испытаний, –

влечет штраф на физических лиц в размере двадцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере сорока, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

3. Непроведение или ненадлежащее проведение ветеринарных мероприятий, а также нарушение сроков их проведения –

влекут штраф на физических лиц в размере двадцати пяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере ста двадцати пяти, на субъектов среднего предпринимательства – в размере двухсот пятидесяти, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

4. Действия (бездействие), предусмотренные частью третьей настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере пятидесяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двухсот пятидесяти, на субъектов среднего предпринимательства – в размере пятисот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

5. Необеспечение идентификации сельскохозяйственных животных –

влечет штраф на должностных лиц в размере двадцати пяти месячных расчетных показателей.

6. Действие (бездействие), предусмотренное частью пятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц в размере пятидесяти месячных расчетных показателей.

7. Невыполнение местными исполнительными органами возложенных на них законодательством Республики Казахстан в области ветеринарии функций –

влечет предупреждение на должностных лиц местных исполнительных органов.

8. Действие (бездействие), предусмотренное частью седьмой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц местных исполнительных органов в размере ста месячных расчетных показателей.

9. Неизвещение подразделений местных исполнительных органов, осуществляющих деятельность в области ветеринарии, государственных ветеринарных организаций, созданных местными исполнительными органами, органов государственного ветеринарно-санитарного контроля и надзора о:

1) вновь приобретенном (приобретенных) животном (животных), полученном приплоде, его (их) убое и реализации;

2) случаях падежа, одновременного заболевания нескольких животных или об их необычном поведении и до прибытия специалистов в области ветеринарии, государственных ветеринарно-санитарных инспекторов непринятие мер к изолированному содержанию животных при подозрении в заболевании –

влечет предупреждение или штраф на физических лиц в размере пяти, на субъектов малого предпринимательства или некоммерческие организации штраф в размере двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

10. Действие (бездействие), предусмотренное частью девятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере тридцати, на субъектов малого предпринимательства или некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

11. Нарушение порядка выдачи ветеринарных документов и требований к их бланкам –

влечет штраф на должностных лиц, субъектов малого предпринимательства в размере двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

12. Действие (бездействие), предусмотренное частью одиннадцатой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц, субъектов малого предпринимательства в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

13. Неоказание содействия специалистам в области ветеринарии при выполнении ими служебных обязанностей по проведению ветеринарных мероприятий –

влечет штраф на физических лиц в размере пяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

14. Нарушение правил карантинирования животных –

влечет штраф на физических лиц в размере пяти, на должностных лиц, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

15. Нарушение нормативных правовых актов по вопросам борьбы с эпизоотиями, а также иных нормативных правовых актов в области ветеринарии, не повлекшее распространение эпизоотии или иные тяжкие последствия, –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

16. Действия (бездействие), предусмотренные частями тринадцатой, четырнадцатой и пятнадцатой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двадцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Статья 407. Нарушение законодательства Республики Казахстан о племенном животноводстве

1. Нарушение законодательства Республики Казахстан о племенном животноводстве, совершенное в виде:

1) реализации физическими и юридическими лицами племенной продукции (материала), не прошедшей бонитировку (оценку);

2) реализации физическими и юридическими лицами племенной продукции (материала) без выдачи племенного свидетельства;

3) отказа на субъектов в области племенного животноводства от ведения учета данных и непредставления отчетности;

4) неисполнения субъектами в области племенного животноводства, физическими и юридическими лицами, получившими бюджетные субсидии, актов государственных инспекторов по племенному животноводству;

5) использования субъектами в области племенного животноводства семени и эмбрионов, полученных от племенных животных, не зарегистрированных в порядке, установленном законодательством Республики Казахстан о племенном животноводстве;

6) использования физическими и юридическими лицами в целях воспроизводства племенных животных, не прошедших бонитировку (оценку);

7) фальсификация физическими и юридическими лицами результатов бонитировки (оценки) племенных животных;

8) исключен Законом РК от 27.11.2015 № 424-V (вводится в действие по истечении шести месяцев после дня его первого официального опубликования);
9) исключен Законом РК от 27.11.2015 № 424-V (вводится в действие по истечении шести месяцев после дня его первого официального опубликования);

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Несоблюдение физическими и юридическими лицами, осуществляющими деятельность в области племенного животноводства, подлежащую уведомлению, обязанностей, установленных Законом Республики Казахстан "О племенном животноводстве", –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей, с приостановлением деятельности на субъектов в области племенного животноводства либо без такового.

3. Действия (бездействие), предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, а равно неустранение нарушений, предусмотренных частями первой и второй настоящей статьи, повлекших привлечение к административной ответственности, –

влекут запрещение деятельности в области племенного животноводства.

Сноска. Статья 407 с изменениями, внесенными законами РК от 27.11.2015 № 424-V (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 407-1. Жестокое обращение с животными

1. Жестокое обращение с животными, если это деяние не содержит признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере пяти, на должностных лиц – в размере десяти месячных расчетных показателей.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере двадцати, на должностных лиц – в размере сорока месячных расчетных показателей.

Сноска. Глава 22 дополнена статьей 407-1 в соответствии с Законом РК от 30.12.2021 № 99-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 407-2. Нарушение законодательства Республики Казахстан в области ответственного обращения с животными

1. Нарушение установленных законодательством Республики Казахстан в области ответственного обращения с животными требований к:

1) отлову, временному содержанию и умерщвлению животных;

2) учету домашних животных;

Примечание ИЗПИ!
Действие подпункта 3) приостановлено 01.01.2025 Законом РК от 30.12.2021 № 99-VII и в период приостановления данный пункт действует в следующей редакции.

3) содержанию животных в зоологических питомниках, приютах для животных, зоологических гостиницах, пунктах временного содержания животных, реабилитационных центрах для животных, передвижных зверинцах, контактных зоопарках, за исключением случаев, предусмотренных абзацем третьим подпункта 2) части первой статьи 406 настоящего Кодекса;

4) содержанию и выгулу домашних животных;

5) перевозке животных, за исключением случаев, предусмотренных абзацем пятым подпункта 2) части первой статьи 406, частями 2-1 и четвертой статьи 571 настоящего Кодекса, –

влечет штраф на физических лиц в размере десяти, на должностных лиц – в размере двадцати, на юридических лиц – в размере тридцати месячных расчетных показателей.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере двадцати, на должностных лиц – в размере тридцати, на юридических лиц – в размере сорока месячных расчетных показателей.

Сноска. Глава 22 дополнена статьей 407-2 в соответствии с Законом РК от 30.12.2021 № 99-VII (порядок введения в действие см. ст. 2).

Статья 408. Нарушение правил выпаса сельскохозяйственных животных

1. Нарушение установленных местными представительными органами областей, городов республиканского значения, столицы правил выпаса сельскохозяйственных животных –

влечет штраф в размере трех месячных расчетных показателей.

2. То же действие, повлекшее причинение ущерба имуществу физических лиц, –

влечет штраф в размере десяти месячных расчетных показателей.

Сноска. Статья 408 - в редакции Закона РК от 30.12.2021 № 99-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).
Примечание ИЗПИ!
Статью 408-1 предусмотрено исключить Законом РК от 10.06.2024 № 91-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 408-1. Нарушение законодательства Республики Казахстан в области производства органической продукции

1. Нарушение законодательства Республики Казахстан в области производства органической продукции, совершенное в виде выпуска и реализации органической продукции, не соответствующей требованиям законодательства Республики Казахстан в области производства органической продукции, –

влечет штраф на физических лиц в размере тридцати, на субъектов малого предпринимательства или некоммерческие организации – в размере шестидесяти пяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере сорока пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста двадцати, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

Сноска. Глава 22 дополнена статьей 408-1 в соответствии с Законом РК от 27.11.2015 № 424-V (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Глава 23. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ
ОБРАЗОВАНИЯ, ФИЗИЧЕСКОЙ КУЛЬТУРЫ И СПОРТА

Сноска. Заголовок главы 23 в редакции Закона РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).

Статья 409. Нарушение законодательства Республики Казахстан в области образования, физической культуры и спорта

Сноска. Заголовок статьи 409 в редакции Закона РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).
1. Исключен Законом РК от 27.12.2019 № 294-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

2. Невыполнение или ненадлежащее выполнение обязанностей, предусмотренных законодательством Республики Казахстан в области образования, родителями или иными законными представителями –

влечет предупреждение или штраф в размере пяти месячных расчетных показателей.

3. Невыполнение или ненадлежащее выполнение обязанностей руководителем или иным должностным лицом организации образования вследствие небрежного или недобросовестного отношения к ним, если это повлекло причинение легкого вреда здоровью воспитанников, обучающихся и работников организаций образования во время учебного и воспитательного процесса, –

влечет штраф в размере пятидесяти месячных расчетных показателей.

3-1. Исключен Законом РК от 01.04.2019 № 240-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

4. Нарушение организациями образования требований, совершенных в виде:

1) несоблюдения типовых правил деятельности организаций образования;

2) несоблюдения типовых правил приема в организации образования;

3) несоблюдения типовых правил перевода и восстановления обучающихся по типам организации образования;

4) несоблюдения типовых правил предоставления академических отпусков обучающимся в организациях образования;

5) несоблюдения типовых правил конкурсного замещения должностей профессорско-преподавательского состава и научных работников высших учебных заведений, –

влечет штраф на должностных лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере двадцати пяти месячных расчетных показателей, с приостановлением действия лицензии.

4-1. Необеспечение учредителем (учредителями) организации высшего и (или) послевузовского образования в срок, установленный законом Республики Казахстан, перевода обучающихся для продолжения обучения и передачи их личных дел в другие организации высшего и (или) послевузовского образования и (или) передачи личных дел лиц, не завершивших образование или не прошедших итоговую аттестацию, а также личных дел и копий документов об образовании лиц, завершивших обучение в организации образования в предыдущие годы, в соответствующий государственный архив в случае лишения (отзыва), прекращения действия лицензии и (или) приложения к лицензии на занятие образовательной деятельностью или ликвидации организации образования высшего и (или) послевузовского образования –

влечет штраф на физических лиц в размере ста, на должностных лиц – в размере ста пятидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

4-2. Действие (бездействие), предусмотренное частью 4-1 настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере ста пятидесяти, на должностных лиц – в размере двухсот, на субъектов малого предпринимательства или некоммерческие организации – в размере трехсот, на субъектов среднего предпринимательства – в размере пятисот, на субъектов крупного предпринимательства – в размере семисот месячных расчетных показателей.

5. Создание и деятельность организационных структур политических партий в организациях образования –

влекут штраф на должностных лиц, субъектов малого предпринимательства в размере десяти, на субъектов среднего предпринимательства – в размере пятнадцати, на субъектов крупного предпринимательства – в размере двадцати месячных расчетных показателей.

6. Несоответствие предоставляемых образовательных услуг требованиям государственного общеобязательного стандарта образования, а также иные нарушения требований государственных общеобязательных стандартов образования -

влекут штраф на должностных лиц, субъектов малого предпринимательства или некоммерческие организации в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере тридцати расчетных показателей, с приостановлением действия лицензии.

7. Действия (бездействие), предусмотренные частями первой – шестой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двадцати, на должностных лиц в размере тридцати, на субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере шестидесяти месячных расчетных показателей, с лишением разрешительного документа.

7-1. Действие, предусмотренное частью четвертой настоящей статьи, совершенное организацией образования, реализующей деятельность в уведомительном порядке, повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц в размере тридцати, на субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере шестидесяти месячных расчетных показателей, с приостановлением деятельности.

7-2. Несоблюдение организациями образования требований по обеспечению доступа обучающихся и воспитанников к сети Интернет с использованием услуг операторов связи, предназначенных для ограничения доступа детей к информации, причиняющей вред их здоровью и развитию, –

влечет штраф на должностных лиц в размере десяти месячных расчетных показателей.

7-3. Нарушение законодательства Республики Казахстан о статусе педагога, совершенное в виде:

1) привлечения педагога к видам работ, не связанным с профессиональными обязанностями, за исключением случаев, предусмотренных законами Республики Казахстан;

2) истребования у педагога отчетности либо информации, не предусмотренной законодательством Республики Казахстан в области образования;

3) проведения проверки, не предусмотренной законами Республики Казахстан;

4) возложения на педагога обязанности по приобретению товаров и услуг;

5) привлечения педагога государственной организации среднего образования при осуществлении им профессиональной деятельности к проведению мероприятий негосударственных организаций, –

влечет предупреждение.

7-4. Действие, предусмотренное частью 7-3 настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере шестидесяти, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере ста двадцати месячных расчетных показателей.

7-5. Допуск к профессиональной деятельности педагога лиц:

1) лишенных права осуществлять профессиональную деятельность педагога в соответствии со вступившим в законную силу приговором суда;

2) признанных недееспособными или ограниченно дееспособными в порядке, установленном законами Республики Казахстан;

3) имеющих медицинские противопоказания, состоящих на психиатрическом и (или) наркологическом учете;

4) не имеющих документов о техническом и профессиональном, послесреднем, высшем или послевузовском образовании;

5) имеющих иные ограничения, предусмотренные Трудовым кодексом Республики Казахстан, –

влечет штраф в размере двадцати пяти месячных расчетных показателей.

7-6. Проявление неуважения к педагогу при исполнении им своих должностных обязанностей, выраженное в нецензурной брани, непристойном поведении, оскорбительном приставании, демонстрации неприличных жестов (знаков), предметов, в том числе с использованием масс-медиа или сетей телекоммуникаций, –

влечет штраф на физических лиц в размере тридцати месячных расчетных показателей.

7-7. Действия, предусмотренные частью 7-6 настоящей статьи, совершенные несовершеннолетними в возрасте от двенадцати до шестнадцати лет, –

влекут штраф на родителей или лиц, их заменяющих, в размере двадцати месячных расчетных показателей.

7-8. Действия, предусмотренные частью 7-6 настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере сорока месячных расчетных показателей либо административный арест на срок до пяти суток.

7-9. Действия, предусмотренные частью 7-7 настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на родителей или лиц, их заменяющих, в размере тридцати месячных расчетных показателей.

8. Несоблюдение требований по обеспечению спортивным инвентарем и оборудованием мест проведения занятий и соревнований –

влечет штраф на юридических лиц в размере ста месячных расчетных показателей.

9. Ликвидация, изменение целевого и функционального назначения физкультурно-оздоровительных, спортивных сооружений, находящихся в государственной собственности, без создания равнозначных физкультурно-оздоровительных, спортивных сооружений –

влекут штраф на должностных лиц в размере пятисот месячных расчетных показателей.

10. Несоблюдение требований по обеспечению участников спортивных мероприятий медицинской помощью и допуску к ним спортсменов, не прошедших медицинское обследование в соответствии с нормативными требованиями, –

влечет штраф на юридических лиц в размере пятисот месячных расчетных показателей.

11. Деяние, предусмотренное частью десятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере одной тысячи месячных расчетных показателей.

12. Нарушение антидопинговых правил Республики Казахстан тренером, тренером-преподавателем, специалистом по спортивной медицине и (или) иным специалистом в области физической культуры и спорта, выразившееся в использовании в отношении спортсмена запрещенных субстанций и (или) запрещенных методов в спорте независимо от согласия спортсмена либо в содействии в использовании спортсменом или в отношении спортсмена запрещенных субстанций и (или) запрещенных методов, –

влечет штраф в размере двухсот месячных расчетных показателей.

Примечание. Под содействием в использовании спортсменом или в отношении спортсмена запрещенных субстанций и (или) запрещенных методов в спорте в настоящей статье понимаются любые действия, способствующие использованию запрещенных субстанций и (или) запрещенных методов в спорте, в том числе советы, указания, предоставление информации, предоставление запрещенных субстанций, средств применения запрещенных методов, устранение препятствий к использованию запрещенных субстанций и (или) запрещенных методов в спорте, а также сокрытие следов использования запрещенных субстанций и (или) запрещенных методов в спорте.

Сноска. Статья 409 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 09.04.2016 № 501-V (вводится в действие с 01.01.2017); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.07.2018 № 170-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 01.04.2019 № 240-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 13.12.2019 № 280-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 27.12.2019 № 294-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Глава 24. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ
НА ОБЩЕСТВЕННУЮ БЕЗОПАСНОСТЬ И ЗДОРОВЬЕ НАСЕЛЕНИЯ

Статья 410. Нарушение или невыполнение требований пожарной безопасности, за исключением требований, установленных техническими регламентами

Сноска. Статья 410 в редакции Закона РК от 05.10.2018 № 184-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

1. Нарушение или невыполнение в организациях, зданиях, сооружениях, строениях, жилых домах, общественных местах, сельскохозяйственных угодьях, на технологических установках, оборудовании, агрегатах и ином имуществе требований пожарной безопасности, установленных законодательством Республики Казахстан, за исключением требований, установленных техническими регламентами, –

влечет предупреждение или штраф на физических лиц в размере пяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

3. Действие (бездействие), предусмотренное частью первой настоящей статьи, которое повлекло возникновение пожара, причинившего вред здоровью человека или значительный ущерб, при отсутствии состава уголовного правонарушения, –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

Примечание. Применительно к данной статье значительным размером ущерба признается сумма, превышающая пятьдесят месячных расчетных показателей на момент совершения административного правонарушения.

Сноска. Статья 410 с изменениями, внесенными Законом РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 410-1.Нарушение законодательства Республики Казахстан при проведении аудита в области пожарной безопасности

1. Непредставление либо несвоевременное представление экспертной организацией в территориальное подразделение уполномоченного органа в сфере гражданской защиты копии заключения по результатам проведенного аудита в области пожарной безопасности –

влечет штраф на экспертную организацию в размере тридцати месячных расчетных показателей.

2. Представление экспертной организацией заключения по результатам проведения аудита в области пожарной безопасности, содержащего недостоверную информацию о соответствии (несоответствии) объекта требованиям пожарной безопасности, –

влечет штраф на экспертную организацию в размере пятидесяти месячных расчетных показателей.

3. Действия (бездействие), предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, а также представление экспертной организацией заведомо ложного заключения по результатам проведения аудита в области пожарной безопасности –

влекут штраф на экспертные организации в размере ста месячных расчетных показателей с лишением аттестата аккредитации.

Сноска. Глава 24 дополнена статьей 410-1 в соответствии с Законом РК от 29.12.2014 № 269-V (вводится в действие с 01.01.2015).

Статья 411. Выпуск и реализация взрывопожароопасной и пожароопасной продукции, не отвечающей требованиям пожарной безопасности

Выпуск и реализация взрывопожароопасной и пожароопасной продукции, не отвечающей требованиям пожарной безопасности, за исключением требований, установленных техническими регламентами, если это не повлекло по неосторожности причинение тяжкого или средней тяжести вреда здоровью и (или) крупного ущерба физическому или юридическому лицу либо государству, –

влекут штраф на должностных лиц, субъектов малого предпринимательства в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Примечание. Применительно к данной статье настоящего Кодекса под крупным ущербом признается сумма, превышающая сто месячных расчетных показателей на момент совершения административного правонарушения.

Сноска. Статья 411 с изменением, внесенным Законом РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 412. Нарушение или невыполнение правил безопасности на водоемах

Нарушение или невыполнение правил безопасности на водоемах, совершенное лицом, ответственным за их соблюдение при отсутствии признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере семи, на должностных лиц, субъектов малого предпринимательства – в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере шестидесяти месячных расчетных показателей.

Сноска. Статья 412 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 413. Нарушение требований радиационной безопасности при использовании атомной энергии

1. Необоснованный или преднамеренный выброс радиоактивных веществ в атмосферу, водную среду и недра в количествах, превышающих уровни, установленные уполномоченными государственными органами; нарушение требований по обеспечению учета и контроля радиоактивных веществ и источников ионизирующего излучения, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф на физических лиц в размере двадцати, на должностных лиц, субъектов малого предпринимательства – в размере сорока пяти, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей либо приостановление лицензии в области использования атомной энергии.

2. Вовлечение в хозяйственный оборот в целях использования и потребления населением продукции и материалов, подвергшихся облучению или содержащих радиоактивные вещества, без разрешения на то уполномоченных государственных органов, допуск к работе на объекте использования атомной энергии лиц, не прошедших соответствующую подготовку либо не имеющих документа, удостоверяющего их квалификацию, а также лиц, не достигших восемнадцати лет или имеющих медицинские противопоказания, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф на физических лиц в размере двадцати, на должностных лиц, субъектов малого предпринимательства – в размере сорока пяти, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей либо лишение лицензии в области использования атомной энергии.

Сноска. Статья 413 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 413-1. Нарушение юридическими лицами требований технических регламентов в области использования атомной энергии

1. Нарушение юридическими лицами требований технических регламентов в области использования атомной энергии –

влечет штраф в размере шестидесяти месячных расчетных показателей с приостановлением отдельных видов деятельности либо без такового.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере ста пятидесяти месячных расчетных показателей с запрещением отдельных видов деятельности либо без такового.

Примечание.

Под юридическими лицами в настоящей статье понимаются субъекты, осуществляющие деятельность в области использования атомной энергии с ядерными установками и объектами І и II категорий потенциальной радиационной опасности.

Сноска. Глава 24 дополнена статьей 413-1 в соответствии с Законом РК от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 414. Нарушение требований режима нераспространения ядерного оружия

Нарушение установленного порядка ядерного экспорта и импорта; нарушение требований по обеспечению физической защиты ядерных материалов, ядерных установок, источников ионизирующего излучения и пунктов хранения; нарушение требований по обеспечению учета и контроля ядерных материалов или источников ионизирующего излучения, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства – в размере сорока, на субъектов среднего предпринимательства в размере – семидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей либо лишение лицензий, специальных разрешений на деятельность в сфере использования атомной энергии.

Сноска. Статья 414 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 415. Нарушение законодательства Республики Казахстан в области технического регулирования

1. Нарушение законодательства Республики Казахстан в области технического регулирования, совершенное в виде:

1) выпуска в обращение продукции, не соответствующей требованиям, установленным техническими регламентами и нормативными правовыми актами;

2) выпуска в обращение продукции без документов подтверждения и (или) оценки соответствия согласно требованиям, установленным техническими регламентами и нормативными правовыми актами, –

влечет штраф на физических лиц в размере девяноста, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере ста девяноста пяти, на субъектов среднего предпринимательства – в размере трехсот десяти, на субъектов крупного предпринимательства – в размере шестисот месячных расчетных показателей.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере ста тридцати пяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере трехсот шестидесяти, на субъектов среднего предпринимательства – в размере шестисот, на субъектов крупного предпринимательства – в размере тысячи двухсот месячных расчетных показателей, с приостановлением деятельности или без такового, с конфискацией продукции или без таковой.

Сноска. Статья 415 в редакции Закона РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 415-1. Нарушение законодательства Республики Казахстан об аккредитации в области оценки соответствия при проведении аккредитации, процедур подтверждения и (или) оценки соответствия, поверки средств измерений, установленных техническими регламентами, нормативными правовыми актами и документами по стандартизации

1. Нарушение законодательства Республики Казахстан об аккредитации в области оценки соответствия при проведении аккредитации, процедур подтверждения и (или) оценки соответствия, поверки средств измерений, установленных техническими регламентами, нормативными правовыми актами и документами по стандартизации, совершенное в виде:

1) нарушения правил проведения процедур подтверждения и (или) оценки соответствия, поверки средств измерений;

2) недостоверности результатов испытаний при проведении подтверждения и (или) оценки соответствия, поверки средств измерений;

3) выдачи документов, подтверждающих соответствие, и выдачи сертификата о поверке средств измерений без проведения обязательных процедур;

4) поверки средств измерений, метрологической аттестации методик выполнения измерений юридическими лицами без аккредитации;

5) применения субъектами аккредитации эталонов единиц величин, не прошедших калибровку или поверку;

6) нарушения порядка проведения работ по аккредитации, –

влечет штраф на физических лиц в размере девяноста, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере ста девяноста пяти, на субъектов среднего предпринимательства – в размере трехсот десяти, на субъектов крупного предпринимательства – в размере шестисот месячных расчетных показателей, с приостановлением аттестата аккредитации и аттестата эксперта-аудитора по подтверждению соответствия, сертификата поверителя средств измерений на срок шесть месяцев.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере ста тридцати пяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере трехсот шестидесяти, на субъектов среднего предпринимательства – в размере шестисот, на субъектов крупного предпринимательства – в размере тысячи двухсот месячных расчетных показателей, с лишением аттестата аккредитации и аттестата эксперта-аудитора по подтверждению соответствия, сертификата поверителя средств измерений.

Сноска. Глава 24 дополнена статьей 415-1 в соответствии с Законом РК от 05.10.2018 № 184-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 416. Нарушение законодательства в области обеспечения безопасности отдельных видов продукции

Непрекращение субъектом осуществления процессов жизненного цикла продукции с момента обнаружения несоответствия требованиям безопасности, установленным законодательными актами о безопасности пищевой продукции, химической продукции, машин и оборудования, игрушек и техническими регламентами, –

влечет штраф на физических лиц в размере ста шестидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двухсот тридцати, на субъектов среднего предпринимательства – в размере трехсот десяти, на субъектов крупного предпринимательства – в размере тысячи шестисот месячных расчетных показателей, с приостановлением деятельности или без такового с конфискацией продукции или без таковой.

Примечание. Применительно к данной статье под субъектами признаются лица, ответственные за безопасность продукции в соответствии с законодательными актами о безопасности пищевой продукции, химической продукции, машин и оборудования, игрушек.

Статья 417. Нарушение порядка выдачи сертификата о происхождении товара и заключения форм товара Евразийского экономического союза или иностранного товара

1. Составление экспертами-аудиторами заключения по определению страны происхождения товара для внутреннего обращения, статуса товара Евразийского экономического союза или иностранного товара и выдача экспертной организацией актов экспертизы о происхождении товара для внутреннего обращения, об определении статуса товара Евразийского экономического союза или иностранного товара, в которых данные о товаре фальсифицированы и (или) недостоверны, –

влекут штраф на экспертов-аудиторов по определению страны происхождения товара для внутреннего обращения, статуса товара Евразийского экономического союза или иностранного товара в размере десяти месячных расчетных показателей с приостановлением аттестатов экспертов-аудиторов по определению страны происхождения товара для внутреннего обращения, статуса товара Евразийского экономического союза или иностранного товара на срок шесть месяцев, на экспертные организации – в размере тридцати месячных расчетных показателей с приостановлением деятельности на срок до трех месяцев.

2. Отказ в выдаче сертификата о происхождении товара в случае представления надлежаще оформленного акта экспертизы о происхождении товара для внутреннего обращения, документов, подтверждающих происхождение товара для внутреннего обращения, по перечню, утверждаемому уполномоченным органом в области технического регулирования, или отказ в выдаче заключения форм товара Евразийского экономического союза или иностранного товара в случае представления надлежаще оформленного акта экспертизы об определении статуса товара Евразийского экономического союза или иностранного товара и сведений, документов, подтверждающих статус товара Евразийского экономического союза или иностранного товара, –

влечет штраф на организацию, уполномоченную на выдачу сертификата о происхождении товара, органы (организации), уполномоченные на выдачу сертификата о происхождении товара для внутреннего обращения, заключения форм товара Евразийского экономического союза или иностранного товара, в размере пятидесяти месячных расчетных показателей.

3. Выдача уполномоченной организацией сертификата о происхождении товара, органами (организациями), уполномоченными на выдачу сертификата о происхождении товара для внутреннего обращения, заключения форм товара Евразийского экономического союза или иностранного товара, сертификата о происхождении товара для внутреннего обращения, заключения форм товара Евразийского экономического союза или иностранного товара, в которых данные о товаре фальсифицированы и (или) недостоверны, –

влечет штраф на организацию, уполномоченную на выдачу сертификата о происхождении товара, органы (организации), уполномоченные на выдачу сертификата о происхождении товара для внутреннего обращения, заключения форм товара Евразийского экономического союза или иностранного товара, в размере тридцати месячных расчетных показателей.

4. Нарушение уполномоченной организацией, органами (организациями), уполномоченными на выдачу сертификата о происхождении товара, сертификата о происхождении товара для внутреннего обращения, заключения форм товара Евразийского экономического союза или иностранного товара, срока выдачи сертификата о происхождении товара, сертификата о происхождении товара для внутреннего обращения, заключения форм товара Евразийского экономического союза или иностранного товара, а также письменного мотивированного решения об отказе в их выдаче –

влечет штраф на организацию, уполномоченную на выдачу сертификата о происхождении товара, органы (организации), уполномоченные на выдачу сертификата о происхождении товара для внутреннего обращения, заключения форм товара Евразийского экономического союза или иностранного товара, в размере тридцати месячных расчетных показателей.

5. Представление фальсифицированных и (или) недостоверных документов, подтверждающих происхождение товара по перечню, утверждаемому уполномоченным органом в области технического регулирования, для получения сертификата о происхождении товара, документов, подтверждающих происхождение товара для внутреннего обращения, для получения сертификата о происхождении товара для внутреннего обращения, а также сведений, документов, подтверждающих статус товара Евразийского экономического союза или иностранного товара, для получения заключения форм товара Евразийского экономического союза или иностранного товара –

влечет штраф на субъектов малого предпринимательства в размере двенадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

6. Действия (бездействие), предусмотренные частями первой, второй, третьей и четвертой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на экспертов-аудиторов по определению страны происхождения товара, статуса товара Евразийского экономического союза или иностранного товара в размере сорока месячных расчетных показателей с лишением аттестатов экспертов-аудиторов по определению страны происхождения товара, статуса товара Евразийского экономического союза или иностранного товара, на организацию, уполномоченную на выдачу сертификата, органы (организации), уполномоченные на выдачу сертификата о происхождении товара для внутреннего обращения, заключения форм товара Евразийского экономического союза или иностранного товара, – в размере ста месячных расчетных показателей, на экспертные организации – в размере шестидесяти месячных расчетных показателей, с приостановлением деятельности на срок до трех месяцев.

Сноска. Статья 417 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018); с изменениями, внесенными Законом РК от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 418. Нарушение национальных стандартов, предъявляемых к Государственному Флагу Республики Казахстан и Государственному Гербу Республики Казахстан

1. Изготовление Государственного Флага Республики Казахстан и Государственного Герба Республики Казахстан, не соответствующих требованиям национального стандарта, –

влечет штраф на физических лиц в размере двадцати пяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере семидесяти пяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

1-1. Использование (установление, размещение) Государственного Флага Республики Казахстан и Государственного Герба Республики Казахстан с нарушением законодательства Республики Казахстан о государственных символах –

влечет предупреждение или штраф на физических лиц в размере пяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере пятидесяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот пятидесяти месячных расчетных показателей.

Сноска. Статья 418 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 419. Нарушение законодательства Республики Казахстан об обеспечении единства измерений

1. Нарушение законодательства Республики Казахстан об обеспечении единства измерений, совершенное в виде:

1) нарушения обязательных метрологических требований к измерениям, средствам измерений, стандартным образцам, методикам выполнения измерений, установленных в перечнях измерений, относящихся к государственному регулированию, и нормативных правовых актах;

2) выпуска в обращение, применения средств измерений, подлежащих государственному метрологическому контролю, не прошедших испытания для целей утверждения типа или метрологическую аттестацию, а также поверку и (или) не включенных в реестр государственной системы обеспечения единства измерений;

3) применения методик выполнения измерений, подлежащих государственному метрологическому контролю и не прошедших метрологическую аттестацию и регистрацию в реестре государственной системы обеспечения единства измерений, –

влечет штраф на физических лиц в размере тридцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двухсот тридцати, на субъектов среднего предпринимательства – в размере трехсот десяти, на субъектов крупного предпринимательства – в размере тысячи шестисот месячных расчетных показателей.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере девяноста, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере четырехсот шестидесяти, на субъектов среднего предпринимательства – в размере шестисот двадцати, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

Сноска. Статья 419 в редакции Закона РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 420. Непринятие мер к уничтожению дикорастущей конопли

Непринятие мер к уничтожению дикорастущей конопли на посевах сельскохозяйственных культур, в садах, виноградниках, питомниках и парках, на обочинах полей, оросительной и ирригационно-мелиоративных сетей, на полосах отчуждения шоссейных и железных дорог, на территории организаций, на земельных участках жителей городов, поселков и других населенных пунктов, а также на землях государственного лесного и водного фондов, государственного запаса и закрепленных за организациями после предписания –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Статья 421. Непринятие мер к обеспечению охраны наркосодержащих посевов

Непринятие мер к обеспечению установленного режима охраны посевов конопли, мака или других растений, содержащих наркотические вещества, мест хранения и переработки урожая этих культур, а равно непринятие мер к уничтожению пожнивных остатков и отходов производства, содержащих наркотические вещества, –

влекут штраф на субъектов малого предпринимательства или некоммерческие организации в размере шестидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Статья 422. Непринятие мер к пресечению сбыта и (или)немедицинского потребления наркотических средств, психотропных веществ и прекурсоров

1. Непринятие владельцем развлекательного заведения, а также организации образования мер к пресечению сбыта и (или) немедицинского потребления наркотических средств, психотропных веществ и прекурсоров -

влечет штраф на субъектов малого предпринимательства или некоммерческие организации в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

2. Действия (бездействие), предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на субъектов малого предпринимательства или некоммерческие организации в размере двухсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

Примечание. К развлекательным заведениям, указанным в настоящем Кодексе, относятся игорные заведения, ночные клубы, кафе-бары, рестораны, интернет-кафе, компьютерные, бильярдные, боулинг-клубы и кинотеатры, объекты театрально-зрелищного назначения и иные здания, помещения, сооружения, в которых оказываются услуги развлекательно-досугового, театрально-зрелищного, спортивного, культурно-досугового назначения.

Статья 423. Пропаганда или незаконная реклама наркотических средств, психотропных веществ и их аналогов, прекурсоров

Пропаганда или незаконная реклама наркотических средств, психотропных веществ и их аналогов, прекурсоров –

влекут штраф на субъектов малого предпринимательства в размере трехсот, на субъектов среднего предпринимательства – в размере пятисот, на субъектов крупного предпринимательства – в размере тысячи месячных расчетных показателей, с лишением лицензии либо без такового.

Примечания.

1. Под пропагандой наркотических средств, психотропных веществ, их аналогов и прекурсоров в настоящей статье следует понимать распространение любых сведений независимо от формы и способа их представления о наркотических средствах, психотропных веществах, их аналогах, прекурсорах, о способах, методах их разработки, изготовления и использования, о преимуществах и о пользе использования отдельных видов наркотических средств, психотропных веществ и их аналогов, направленное на формирование у неопределенного круга лиц положительного или терпимого отношения к незаконному обороту и незаконному потреблению наркотических средств, психотропных веществ, их аналогов, или совершение иных действий в этих целях.

2. Под незаконной рекламой наркотических средств, психотропных веществ и прекурсоров в настоящей статье следует понимать распространение и (или) размещение в любом месте, в любой форме, любым способом, за исключением случаев, установленных законом, информации о местах или способах их приобретения, качестве, цене и иных их свойствах, предназначенной для неопределенного круга лиц и призванной формировать или поддерживать интерес к наркотическим средствам и психотропным веществам, их аналогам и способствовать их незаконному потреблению и реализации.

Сноска. Статья 423 в редакции Закона РК от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2).

Статья 423-1. Продажа табака и табачных изделий, в том числе изделий с нагреваемым табаком, табака для кальяна, кальянной смеси, систем для нагрева табака, лицам, не достигшим двадцати одного года

1. Продажа табака и табачных изделий, в том числе изделий с нагреваемым табаком, табака для кальяна, кальянной смеси, систем для нагрева табака, лицам, не достигшим двадцати одного года, –

влечет штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства – в размере двадцати пяти, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере тридцати, на субъектов малого предпринимательства – в размере пятидесяти, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Сноска. Глава 24 дополнена статьей 423-1 в соответствии с Законом РК от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 19.04.2024 № 74-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 424. Незаконная медицинская и (или)фармацевтическая деятельность

1. Занятие незаконной медицинской и (или) фармацевтической деятельностью лицом, не имеющим сертификата и (или) лицензии на данный вид деятельности, –

влечет штраф на физических лиц в размере пяти, на должностных лиц – в размере пятнадцати, на субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере семидесяти месячных расчетных показателей

2. Предоставление на платной основе медицинской помощи, оказываемой в рамках гарантированного объема бесплатной медицинской помощи и (или) в системе обязательного социального медицинского страхования в организациях здравоохранения, ее оказывающих, –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства, – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

3. Повторное в течение года после наложения административного взыскания совершение деяний, предусмотренных частью второй настоящей статьи, –

влечет штраф на физических лиц в размере тридцати месячных расчетных показателей с лишением сертификата специалиста в области здравоохранения, на должностных лиц, субъектов малого предпринимательства – в размере шестидесяти пяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере семисот месячных расчетных показателей, с конфискацией доходов, полученных вследствие совершения административного правонарушения.

4. Проведение сеансов целительства с привлечением двух и более лиц, в том числе с использованием масс-медиа, –

влечет штраф в размере ста пятидесяти месячных расчетных показателей.

5. Участие медицинских работников, уполномоченных назначать лекарственные средства, в рекламе лекарственных средств, реализация лекарственных средств медицинскими работниками на рабочем месте, за исключением случаев, предусмотренных законодательством, а также направление в определенные аптечные или иные виды организаций и другие формы сотрудничества с ними в целях получения вознаграждения –

влекут штраф на физических лиц в размере восьмидесяти месячных расчетных показателей с лишением сертификата специалиста в области здравоохранения, на должностных лиц, субъектов малого предпринимательства – в размере ста месячных расчетных показателей с лишением сертификата специалиста в области здравоохранения, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

Сноска. Статья 424 с изменениями, внесенными законами РК от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 424-1. Нарушение порядка проведения клинических исследований и применения новых методов и средств профилактики, диагностики, лечения и медицинской реабилитации

Нарушение медицинским работником порядка проведения клинических исследований и применения новых методов и средств профилактики, диагностики, лечения и медицинской реабилитации, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере двухсот месячных расчетных показателей либо арест на срок до двадцати суток.

Сноска. Глава 24 дополнена статьей 424-1 в соответствии с Законом РК от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 425. Нарушение требований законодательства в области санитарно-эпидемиологического благополучия населения, а также гигиенических нормативов

1. Нарушение требований законодательства Республики Казахстан в области санитарно-эпидемиологического благополучия населения, а также гигиенических нормативов, технических регламентов, не повлекшее причинение вреда здоровью человека, –

влечет штраф на физических лиц в размере тридцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двухсот тридцати, на субъектов среднего предпринимательства – в размере трехсот десяти, на субъектов крупного предпринимательства – в размере тысячи шестисот месячных расчетных показателей.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, повлекшее причинение вреда здоровью человека, если это действие (бездействие) не содержит признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере двухсот, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере четырехсот шестидесяти, на субъектов среднего предпринимательства – в размере шестисот двадцати, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей, с приостановлением деятельности либо без такового, с конфискацией продукции или без такового.

Сноска. Статья 425 с изменениями, внесенными законами РК от 21.04.2016 № 504-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 426. Нарушение правил фармацевтической деятельности и сферы обращения лекарственных средств и медицинских изделий

1. Нарушение правил регистрации и перерегистрации, производства, изготовления и контроля качества, испытания (исследования), ввоза, закупки, транспортировки, хранения, маркировки, реализации, в том числе превышение установленных предельных цен на лекарственные средства, а также применения (использования), обеспечения, уничтожения, рекламы лекарственных средств, медицинских изделий, если оно не повлекло причинения вреда здоровью человека, –

влечет штраф на физических лиц в размере семидесяти, на должностных лиц – в размере ста, на субъектов малого предпринимательства – в размере ста тридцати, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет приостановление действия лицензии и (или) приложения к лицензии на фармацевтическую деятельность сроком до шести месяцев.

2-1. Нарушение правил ввоза, закупа, транспортировки, хранения вакцин, повлекшее причинение легкого вреда здоровью человека, –

влечет штраф на должностных лиц в размере ста, на субъектов малого предпринимательства – в размере ста тридцати, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

2-2. Нарушение порядка проведения экспертизы лекарственных средств, проводимой государственной экспертной организацией в сфере обращения лекарственных средств и медицинских изделий при проведении экспертизы качества и безопасности вакцин, –

влечет штраф на должностных лиц в размере двухсот месячных расчетных показателей.

3. Производство, закупка, транспортировка, хранение, реализация, применение (использование), реклама незарегистрированных, не разрешенных к применению лекарственных средств и медицинских изделий, если они не повлекли причинения вреда здоровью человека, –

влекут штраф на физических лиц в размере ста, на должностных лиц – в размере ста пятидесяти, на субъектов малого предпринимательства – в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере тысячи пятисот месячных расчетных показателей, с приостановлением деятельности, с конфискацией лекарственных и приравненных к ним средств, продуктов лечебно-профилактического питания и пищевых добавок, а также косметических средств, являющихся непосредственными предметами совершения административного правонарушения и доходов, полученных вследствие совершения административного правонарушения.

4. Деяния, предусмотренные частями первой, 2-1 и третьей настоящей статьи, повлекшие причинение вреда здоровью человека, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф на физических лиц в размере двухсот, на должностных лиц – в размере трехсот, на субъектов малого предпринимательства – в размере трехсот пятидесяти, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей, с конфискацией лекарственных средств и медицинских изделий, продуктов лечебно-профилактического питания и пищевых добавок, а также косметических средств, являющихся непосредственными предметами совершения административного правонарушения и доходов, полученных вследствие совершения административного правонарушения, а также запрещение их деятельности.

Сноска. Статья 426 в редакции Закона РК от 28.12.2018 № 211-VI (порядок введения в действие см. ст. 2); с изменениями, внесенными Законом РК от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 427. Нарушение требований технической укрепленности объектов и помещений в сфере оборота наркотических средств, психотропных веществ, прекурсоров

1. Нарушение требований технической укрепленности объектов и помещений в сфере оборота наркотических средств, психотропных веществ, прекурсоров -

влечет штраф на должностных лиц в размере двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей, с приостановлением деятельности юридического лица.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц в размере ста семидесяти пяти, на субъектов среднего предпринимательства – в размере трехсот пятидесяти, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей, с запрещением деятельности юридического лица.

Сноска. Статья 427 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 428. Недостоверная реклама в области здравоохранения

Распространение рекламодателем рекламы медицинских услуг, методов и средств профилактики, диагностики, лечения и медицинской реабилитации, не имеющим лицензии на осуществление соответствующего вида деятельности, а также рекламы биологически активных добавок к пище без их государственной регистрации, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере десяти, на должностных лиц – в размере двадцати пяти, на субъектов малого предпринимательства – в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Статья 429. Уклонение от медицинского обследования и лечения лиц, находящихся в контакте с ВИЧ-инфицированными, больными венерическими болезнями, туберкулезом, а также лиц с психическими, поведенческими расстройствами (заболеваниями), связанными с употреблением психоактивных веществ, либо потребляющих наркотические средства или психотропные вещества без назначения врача

Сноска. Заголовок статьи 429 с изменениями, внесенными законами РК от 28.12.2018 № 208-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Уклонение от медицинского обследования и лечения лиц, находящихся в контакте с ВИЧ-инфицированными, больными венерическими болезнями, туберкулезом, продолжающееся после письменного предупреждения, сделанного учреждением здравоохранения, –

влечет штраф в размере пяти месячных расчетных показателей.

2. Уклонение от медицинского обследования и лечения лиц с психическими, поведенческими расстройствами (заболеваниями), связанными с употреблением психоактивных веществ либо в отношении которых имеются достаточные данные о том, что они без назначения врача употребляют наркотические средства или психотропные вещества, –

влечет штраф в размере десяти месячных расчетных показателей.

Сноска. Статья 429 с изменениями, внесенными законами РК от 28.12.2018 № 208-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 430. Уклонение от лечения лиц с заболеваниями, представляющими опасность для окружающих

1. Отказ от приема лекарственных средств и иное уклонение от лечения лиц с заболеваниями, представляющими опасность для окружающих, перечень которых определяется уполномоченным органом в области здравоохранения, а также лиц, находившихся в контакте с ними и нуждающихся в профилактическом лечении, продолжающиеся после письменного предупреждения, сделанного учреждением здравоохранения, –

влекут штраф в размере пяти месячных расчетных показателей.

2. Уклонение родителей или лиц, их заменяющих, от лечения несовершеннолетних детей с заболеваниями, представляющими опасность для окружающих, перечень которых определяется уполномоченным органом в области здравоохранения, –

влечет штраф на физических лиц в размере десяти месячных расчетных показателей.

Сноска. Статья 430 с изменениями, внесенными Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 431. Сокрытие лицами с заболеваниями, представляющими опасность для окружающих, источника заражения и лиц, находившихся с ними в контакте

Сокрытие лицами с заболеваниями, представляющими опасность для окружающих, источника заражения и лиц, находившихся с ними в контакте, создающее опасность заражения этими болезнями других лиц, –

влечет штраф в размере пяти месячных расчетных показателей.

Статья 432. Предоставление заведомо ложных сведений и информации при получении разрешительных документов на занятие медицинской, фармацевтической деятельности

1. Предоставление заведомо ложных сведений и информации при получении разрешительных документов на занятие медицинской, фармацевтической деятельности, в том числе путем фальсификации документов, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства – в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

2. То же деяние, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере двадцати, на должностных лиц, субъектов малого предпринимательства – в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере шестидесяти месячных расчетных показателей.

Статья 433. Нарушение субъектами здравоохранения обязанности по информированию уполномоченных органов

1. Нарушение субъектами здравоохранения обязанности по предоставлению информации (экстренному извещению):

государственному органу в сфере санитарно-эпидемиологического благополучия населения – о случаях инфекционных заболеваний, отравлений, представляющих опасность для окружающих;

государственному органу в сфере оказания медицинских услуг (помощи) – о случаях наступления смерти беременных, рожениц, родильниц в течение сорока двух календарных дней после родов, внезапной смерти пациентов при оказании им плановой медицинской помощи (первичная медико-санитарная и специализированная, в том числе высокотехнологичная медицинская помощь);

уполномоченному органу в сфере гражданской защиты – об угрозе возникновения и (или) возникновении медико-санитарных последствий чрезвычайных ситуаций;

органам внутренних дел – сведений о лицах, обратившихся по поводу свежих травм, ранений, незаконного проведения искусственного прерывания беременности, бытового насилия, о случаях заболеваний, представляющих опасность для окружающих, –

влечет штраф на физических лиц в размере пяти, на должностных лиц – в размере десяти месячных расчетных показателей.

2. То же действие (бездействие), совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере десяти месячных расчетных показателей с лишением сертификата, на должностных лиц – в размере двадцати месячных расчетных показателей.

Сноска. Статья 433 с изменением, внесенным Законом РК от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Глава 25. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ
НА ОБЩЕСТВЕННЫЙ ПОРЯДОК И НРАВСТВЕННОСТЬ

Статья 434. Мелкое хулиганство

1. Нецензурная брань в общественных местах, оскорбительное приставание к физическим лицам и другие подобные действия, выражающие неуважение к окружающим, нарушающие общественный порядок и спокойствие физических лиц, –

влекут штраф в размере двадцати месячных расчетных показателей либо административный арест на срок от пяти до пятнадцати суток.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут административный арест на срок от пятнадцати до тридцати суток.

3. Действия, предусмотренные частью второй настоящей статьи, совершенные лицами, к которым административный арест в соответствии с частью второй статьи 50 настоящего Кодекса не применяется, –

влекут штраф в размере двадцати месячных расчетных показателей.

4. Осквернение зданий, иных сооружений, жилых помещений, мест общего пользования, имущества на транспорте и в иных общественных местах –

влечет штраф в размере пятидесяти месячных расчетных показателей либо административный арест на срок от пяти до двадцати суток.

5. Действие, предусмотренное частью четвертой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет административный арест на срок от двадцати до тридцати суток.

6. Действие, предусмотренное частью пятой настоящей статьи, совершенное лицами, к которым административный арест в соответствии с частью второй статьи 50 настоящего Кодекса не применяется, –

влечет штраф в размере шестидесяти месячных расчетных показателей.

Сноска. Статья 434 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 05.07.2024 № 112-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 434-1. Нарушение правил поведения на спортивных и спортивно-массовых, зрелищных культурно-массовых мероприятиях физическими лицами

1. Нарушение правил поведения на спортивных и спортивно-массовых, зрелищных культурно-массовых мероприятиях физическими лицами в виде:

1) проноса в места проведения спортивных и спортивно-массовых, зрелищных культурно-массовых мероприятий алкогольной продукции, продукции в металлической, стеклянной таре, пиротехнических изделий и иных предметов, использование которых может представлять угрозу жизни и здоровью людей либо причинить материальный ущерб физическим и юридическим лицам;

2) использования плакатов, эмблем, транспарантов и иных визуальных предметов, направленных на разжигание социальной, расовой, национальной, религиозной, сословной и родовой розни, а равно ущемляющих права физических лиц во время проведения спортивных и спортивно-массовых, зрелищных культурно-массовых мероприятий, если эти действия не содержат признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере двадцати месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере сорока месячных расчетных показателей.

Сноска. Глава 25 дополнена статьей 434-1 в соответствии с Законом РК от 22.01.2016 № 446-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 434-2. Загрязнение мест общего пользования

1. Загрязнение мест общего пользования, парков, скверов, в том числе выброс коммунальных отходов в неустановленных местах, –

влечет штраф в размере десяти месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере двадцати месячных расчетных показателей.

Сноска. Глава 25 дополнена статьей 434-2 в соответствии с Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными Законом РК от 05.07.2024 № 112-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 435. Хулиганство, совершенное несовершеннолетним

Мелкое хулиганство или хулиганство, предусмотренное частью первой статьи 293 Уголовного кодекса Республики Казахстан, совершенное несовершеннолетним в возрасте от четырнадцати до шестнадцати лет, –

влечет штраф на родителей или лиц, их заменяющих, в размере семи месячных расчетных показателей.

Статья 436. Применение пиротехнических изделий в населенных пунктах

Сноска. Заголовок статьи 436 – в редакции Закона РК от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).
1. Исключена Законом РК от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

2. Применение пиротехнических изделий в населенных пунктах и в не отведенных для этого местах, нарушающее покой физических лиц, установленный порядок и не повлекшее причинение крупного материального ущерба, –

влечет штраф в размере двадцати месячных расчетных показателей с конфискацией пиротехнических изделий.

3. Действие, предусмотренное частью второй настоящей статьи, совершенное несовершеннолетним в возрасте до шестнадцати лет, –

влечет предупреждение или штраф на родителей или лиц, их заменяющих, в размере двадцати месячных расчетных показателей с конфискацией пиротехнических изделий.

4. Действие, предусмотренное частью второй настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, а равно лицом, привлекавшимся в течение года к административной ответственности за правонарушение, предусмотренное статьей 437 настоящего Кодекса, –

влечет штраф в размере тридцати месячных расчетных показателей с конфискацией пиротехнических изделий.

Сноска. Статья 436 в редакции Закона РК от 22.12.2016 № 28-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными Законом РК от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 437. Нарушение тишины

1. Нарушение тишины с 22 до 9 часов утра, в том числе проведение в жилище и вне его работ, сопровождаемых шумом, не связанных с неотложной необходимостью, препятствующее нормальному отдыху и спокойствию физических лиц, а равно нарушение тишины развлекательными заведениями, расположенными в жилых зданиях и на территориях жилой застройки, с 22 до 9 часов утра в будние, с 23 до 10 часов утра в выходные и праздничные дни –

влечет штраф на физических лиц в размере пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. То же действие, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере шестидесяти, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

Сноска. Статья 437 с изменениями, внесенными законами РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 438. Заведомо ложный вызов специальных служб

1. Заведомо ложный вызов органов государственной противопожарной службы, полиции, скорой медицинской помощи, аварийных служб –

влечет штраф на физических лиц в размере тридцати месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания либо совершенные в период ликвидации аварии, пожаров, последствий стихийных бедствий, –

влекут штраф на физических лиц в размере шестидесяти месячных расчетных показателей.

3. Действия, предусмотренные частями первой и второй настоящей статьи, совершенные несовершеннолетними в возрасте от четырнадцати до шестнадцати лет, –

влекут предупреждение или штраф на родителей или лиц, их заменяющих, в размере пятнадцати месячных расчетных показателей.

Статья 439. Заведомо ложная информация о факте коррупционного правонарушения

1. Сообщение органу, ведущему борьбу с коррупцией, заведомо ложной информации о факте коррупционного правонарушения –

влечет предупреждение либо штраф на физических лиц в размере двадцати месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере сорока месячных расчетных показателей.

Сноска. Статья 439 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 440. Распитие алкогольных напитков или появление в общественных местах в состоянии опьянения

1. Распитие алкогольных напитков на улицах и в других общественных местах, кроме организаций торговли и общественного питания, в которых продажа алкогольных напитков на разлив разрешена местным исполнительным органом, или появление в общественных местах в состоянии опьянения, оскорбляющем человеческое достоинство и общественную нравственность, –

влечет штраф в размере пяти месячных расчетных показателей.

2. Появление в общественных местах в состоянии опьянения лиц, не достигших восемнадцати лет, а равно распитие ими алкогольных напитков –

влекут штраф на родителей или лиц, их заменяющих, в размере пяти месячных расчетных показателей.

3. Действия, предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере десяти месячных расчетных показателей либо административный арест на срок до пяти суток.

Сноска. Статья 440 в редакции Закона РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 441. Нарушение запрета потребления табачных изделий, в том числе изделий с нагреваемым табаком, табака для кальяна, кальянной смеси, систем для нагрева табака, электронных систем потребления и жидкостей для них, в местах, в которых законодательством Республики Казахстан он установлен

Сноска. Заголовок статьи 441 в редакции Закона РК от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Потребление табачных изделий, в том числе изделий с нагреваемым табаком, табака для кальяна, кальянной смеси, систем для нагрева табака, электронных систем потребления и жидкостей для них, в местах, в которых законодательством Республики Казахстан установлен запрет, за исключением случая, предусмотренного частью 1-2 настоящей статьи, –

влечет штраф на физических лиц в размере пятнадцати месячных расчетных показателей.

1-2. Потребление табачных изделий, в том числе изделий с нагреваемым табаком, табака для кальяна, кальянной смеси, систем для нагрева табака, электронных систем потребления и жидкостей для них, на борту воздушного судна –

влечет штраф на физических лиц в размере пятидесяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере двадцати месячных расчетных показателей.

3. Непринятие работодателем мер к лицам, потребляющим табачные изделия, в том числе изделия с нагреваемым табаком, табак для кальяна, кальянную смесь, системы для нагрева табака, электронные системы потребления и жидкостей для них, в не определенных для этого специальных местах –

влечет штраф на должностных лиц, субъектов малого предпринимательства или некоммерческие организации в размере двадцати пяти, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере шестидесяти месячных расчетных показателей.

Сноска. Статья 441 с изменениями, внесенными законами РК от 06.04.2015 № 299-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 10.05.2017 № 64-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 19.04.2019 № 249-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 441-1. Нарушение запрета потребления табачных изделий, в том числе изделий с нагреваемым табаком, табака для кальяна, кальянной смеси, систем для нагрева табака, электронных систем потребления и жидкостей для них, в автомобильном транспортном средстве во время нахождения в них несовершеннолетних лиц

1. Потребление табачных изделий, в том числе изделий с нагреваемым табаком, табака для кальяна, кальянной смеси, систем для нагрева табака, электронных систем потребления и жидкостей для них, в автомобильном транспортном средстве во время нахождения в них несовершеннолетних лиц –

влечет штраф на физических лиц в размере десяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере двадцати месячных расчетных показателей.

Сноска. Глава 25 дополнена статьей 441-1 в соответствии с Законом РК от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 442. Нахождение в ночное время несовершеннолетних в развлекательных заведениях или вне жилища без сопровождения законных представителей

Сноска. Заголовок статьи 442 в редакции Закона РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).

1. Нахождение несовершеннолетних в развлекательных заведениях в ночное время без сопровождения законных представителей с 22 до 6 часов утра –

влечет штраф на законных представителей в размере трех месячных расчетных показателей.

2. Нахождение несовершеннолетних без сопровождения законных представителей вне жилища с 23 до 6 часов утра –

влечет предупреждение на законных представителей.

3. Действия, предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на законных представителей в размере семи месячных расчетных показателей.

Сноска. Статья 442 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 443. Неповиновение законному требованию лица, участвующего в обеспечении общественного порядка

1. Неповиновение законному требованию лица, участвующего в обеспечении общественного порядка, –

влечет штраф в размере пяти месячных расчетных показателей.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере десяти месячных расчетных показателей либо административный арест до пяти суток.

Сноска. Статья 443 в редакции Закона РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).

Статья 443-1. Отказ граждан Республики Казахстан, иностранцев и лиц без гражданства от прохождения обязательной дактилоскопической и (или) геномной регистрации

1. Исключена Законом РК от 23.12.2023 № 50-VIII (вводится в действие с 01.01.2024).
Примечание ИЗПИ!
Действие частей второй было приостановлено до 01.01.2024 в соответствии со ст. 919-1 настоящего кодекса.

2. Отказ иностранцев или лиц без гражданства от прохождения обязательной дактилоскопической регистрации –

влечет административное выдворение за пределы Республики Казахстан.

3. Отказ граждан Республики Казахстан, иностранцев или лиц без гражданства от прохождения обязательной геномной регистрации –

влечет штраф в размере пяти месячных расчетных показателей.

Сноска. Кодекс дополнен статьей 443-1 в соответствии с Законом РК от 30.12.2016 № 41-VІ (вводится в действие с 01.01.2021); с изменением, внесенным Законом РК от 23.12.2023 № 50-VIII (вводится в действие с 01.01.2024).

Статья 444. Участие, вовлечение или допуск к азартным играм

1. Участие в азартных играх (на деньги, вещи и иные ценности) в неотведенных для этого местах, а равно принятие ставок на спортивные и иные состязания лицами, не имеющими на то специального разрешения, –

влекут штраф на физических лиц в размере двухсот месячных расчетных показателей с конфискацией игральных принадлежностей, денег, вещей и иных ценностей.

2. Вовлечение лиц в возрасте до двадцати одного года, лиц, ограниченных в участии в азартных играх и (или) пари, а также лиц, имеющих неисполненные обязательства по исполнительным документам об имущественных взысканиях, включенных уполномоченным органом, осуществляющим реализацию государственной политики и государственное регулирование деятельности в сфере обеспечения исполнения исполнительных документов, в Единый реестр должников, в занятия азартными играми и (или) пари на деньги, вещи и иные ценности –

влечет штраф на физических лиц в размере двухсот месячных расчетных показателей.

3. Допуск лиц в возрасте до двадцати одного года, лиц, ограниченных в участии в азартных играх и (или) пари, а также лиц, имеющих неисполненные обязательства по исполнительным документам об имущественных взысканиях, включенных уполномоченным органом, осуществляющим реализацию государственной политики и государственное регулирование деятельности в сфере обеспечения исполнения исполнительных документов, в Единый реестр должников, к участию в азартных играх и (или) пари на деньги, вещи и иные ценности –

влечет штраф на субъектов среднего предпринимательства в размере трехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

4. Допуск к организации и проведению азартных игр и (или) пари лиц, находящихся в списке лиц, ограниченных в участии в азартных играх и (или) пари, –

влечет штраф на субъектов среднего предпринимательства в размере трехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

5. Действия, предусмотренные частями третьей и четвертой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут приостановление действия лицензии.

Сноска. Статья 444 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 08.07.2024 № 117-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 445. Нарушение законодательства Республики Казахстан об игорном бизнесе

1. Несоблюдение требования о расположении игорных заведений, касс тотализатора или букмекерской конторы в нежилых помещениях и запрета на их размещение в нежилых помещениях жилых домов (жилых зданий), зданиях промышленных предприятий и их комплексов и других производственных, коммунальных и складских объектах, культовых зданиях (сооружениях), зданиях государственных органов и учреждений, организаций образования, здравоохранения, культуры, аэропортов, вокзалов, на станциях и остановках всех видов общественного транспорта городского и пригородного сообщения –

влечет штраф на субъектов среднего предпринимательства в размере трехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с приостановлением действия лицензии.

2. Заключение пари, прием (учет) ставок, выплата выигрыша вне игорных заведений (касс тотализаторов или букмекерских контор) либо организация и проведение азартных игр и (или) пари, предусматривающих прием ставок и (или) выдачу выигрыша в виде иного имущества, кроме денег, организатором игорного бизнеса, за исключением случая, установленного законом, –

влекут штраф на субъектов среднего предпринимательства в размере трехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с приостановлением действия лицензии.

3. Несоблюдение требований по проценту выигрыша, технологически заложенного в игровой автомат, –

влечет штраф на субъектов среднего предпринимательства в размере трехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с конфискацией доходов, полученных вследствие совершения административного правонарушения, и приостановлением действия лицензии.

4. Невыполнение организатором игорного бизнеса условий по формированию, использованию, обеспечению размещения на постоянной основе обязательных резервов в порядке и на условиях, определяемых законодательством Республики Казахстан, –

влечет штраф на субъектов среднего предпринимательства в размере трехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с приостановлением действия лицензии.

5. Монтаж игровых автоматов или их частей в стены, оконные и дверные проемы в казино и залах игровых автоматов –

влечет штраф на субъектов среднего предпринимательства в размере трехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с приостановлением действия лицензии.

6. Несоблюдение организатором игорного бизнеса требований по оборудованию касс и игровых мест игорных заведений видеозаписывающими системами либо нарушение сроков хранения записанной информации или условий фиксации, либо неисполнение обязанности установить оборудование для организации и проведения пари –

влечет штраф на субъектов среднего предпринимательства в размере трехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с приостановлением действия лицензии.

6-1. Несоблюдение организатором игорного бизнеса требований по размещению в игорных заведениях, помещениях букмекерской конторы или тотализатора, кассах казино и зала игровых автоматов, кассах и электронных кассах тотализатора или букмекерской конторы, на собственных интернет-ресурсах предупреждения о рисках и вреде участия в азартных играх и (или) пари –

влечет штраф на субъектов среднего предпринимательства в размере трехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с приостановлением действия лицензии.

7. Несоблюдение требований по установлению в одном казино не менее тридцати игровых столов, в зале игровых автоматов – не менее шестидесяти игровых автоматов –

влечет штраф на субъектов среднего предпринимательства в размере трехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с приостановлением действия лицензии.

8. Использование организатором игорного бизнеса игровых автоматов с нарушением требований законодательства Республики Казахстан в области технического регулирования –

влечет штраф на субъектов среднего предпринимательства в размере трехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с приостановлением действия лицензии.

9. Неисполнение обязанности по обеспечению фискальным режимом сервера аппаратно-программного комплекса, осуществлению посредством аппаратно-программного комплекса расчета коэффициентов выигрышей на варианты исхода пари, учета принятых ставок, расчета выигрышей по результатам пари, учета выигрышей и выплаты по ним –

влечет штраф на субъектов среднего предпринимательства в размере трехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с приостановлением действия лицензии.

10. Несоблюдение требований о приеме ставки на основании коэффициентов, рассчитанных аппаратно-программным комплексом, и только на предстоящие реальные события либо по оборудованию букмекерских контор аппаратно-программным комплексом либо о запрете на назначение на руководящую должность в игорном заведении лица, имеющего неснятую или непогашенную судимость за совершенное преступление в сфере экономической деятельности либо за умышленные преступления средней тяжести, тяжкие преступления, особо тяжкие преступления, –

влечет штраф на субъектов среднего предпринимательства в размере трехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с приостановлением действия лицензии.

11. Действия (бездействие), предусмотренные частями первой, второй, четвертой, пятой, шестой, 6-1, седьмой, девятой и десятой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на субъектов среднего предпринимательства в размере четырехсот, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей, с лишением лицензии.

12. Деяния, предусмотренные частями третьей и восьмой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на субъектов среднего предпринимательства в размере четырехсот, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей, с конфискацией доходов, полученных вследствие совершения административного правонарушения, и лишением лицензии.

Сноска. Статья 445 с изменениями, внесенными законами РК от 24.04.2015 № 310-V (порядок введения в действие см. ст. 2); от 08.07.2024 № 117-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 445-1. Нарушение законодательства Республики Казахстан о лотереях и лотерейной деятельности

1. Невыполнение оператором лотереи требований об опубликовании в периодических печатных изданиях, распространяемых на всей территории Республики Казахстан, или размещении на интернет-ресурсе оператора лотереи результатов каждого тиража и выигрышей по лотерейным билетам, электронным лотерейным билетам тиражной лотереи, а равно нарушение сроков опубликования или размещения –

влекут штраф на субъектов среднего предпринимательства в размере пятисот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с приостановлением деятельности.

2. Невыполнение требований о направлении оператором лотереи экземпляра утвержденных условий проведения лотереи в уполномоченный орган в сфере лотереи и лотерейной деятельности и размещении условий проведения лотереи на своем интернет-ресурсе, а равно нарушение сроков направления и размещения –

влекут штраф на субъектов среднего предпринимательства в размере пятисот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с приостановлением деятельности.

3. Нарушение оператором лотереи требований по сбору, формированию, хранению и учету информации о распространенных лотерейных билетах, электронных лотерейных билетах, выручке от реализованных лотерейных билетов, электронных лотерейных билетов, выплаченных выигрышах, а равно ее непредоставление, несвоевременное предоставление либо предоставление недостоверной информации в уполномоченный орган в сфере лотереи и лотерейной деятельности –

влекут штраф на субъектов среднего предпринимательства в размере пятисот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с приостановлением деятельности.

4. Нарушение оператором лотереи требований по формированию призового фонда –

влечет штраф на субъектов среднего предпринимательства в размере пятисот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с приостановлением деятельности.

5. Деяния, предусмотренные частями первой, второй, третьей и четвертой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на субъектов среднего предпринимательства в размере одной тысячи, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей, с запрещением деятельности.

6. Проведение лотереи лицом, не являющимся оператором лотереи, –

влечет штраф на физических лиц в размере ста, на субъектов малого предпринимательства или некоммерческие организации – в размере трехсот, на субъектов среднего предпринимательства – в размере пятисот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

7. Действие, предусмотренное частью шестой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере двухсот, на субъектов малого предпринимательства или некоммерческие организации – в размере семисот пятидесяти, на субъектов среднего предпринимательства – в размере одной тысячи, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей, с конфискацией доходов, полученных вследствие совершения административного правонарушения.

Сноска. Глава 25 дополнена статьей 445-1 в соответствии с Законом РК от 09.04.2016 № 496-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными законами РК от 10.06.2020 № 343-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 08.07.2024 № 117-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 446. Рекламирование продукции эротического содержания

Продажа, распространение или рекламирование продукции эротического содержания в неотведенных для этих целей местах –

влекут штраф на физических лиц в размере двадцати месячных расчетных показателей с конфискацией продукции эротического содержания.

Статья 447. Нарушение правил охраны и использования памятников истории и культуры

Нарушение правил охраны и использования памятников истории и культуры, охраняемых государством, –

влечет штраф на физических лиц в размере пяти, на должностных лиц – в размере десяти месячных расчетных показателей.

Статья 448. Вандализм несовершеннолетних

Вандализм, то есть осквернение объектов историко-культурного наследия, памятников истории и культуры, природных объектов, охраняемых государством, надписями или рисунками, или иными действиями, оскорбляющими общественную нравственность, совершенное несовершеннолетними в возрасте до шестнадцати лет, –

влечет штраф на родителей или лиц, их заменяющих, в размере пятнадцати месячных расчетных показателей.

Сноска. Статья 448 с изменениями, внесенными Законом РК от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 449. Приставание в общественных местах

1. Приставание, то есть назойливое обращение в общественных местах в целях покупки, продажи, обмена или приобретения вещей иным способом, совершенное лицом, не являющимся субъектом предпринимательства, а также в целях гадания, попрошайничества, занятия проституцией, оказания иных услуг сексуального характера либо навязывания иных услуг, –

влечет предупреждение либо штраф на физических лиц в размере пяти месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере десяти месячных расчетных показателей либо административный арест сроком до пяти суток.

3. Действия, предусмотренные частью первой настоящей статьи, совершенные иностранцем либо лицом без гражданства, –

влекут штраф в размере пяти месячных расчетных показателей либо административный арест сроком до пяти суток либо административное выдворение за пределы Республики Казахстан.

Сноска. Статья 449 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 05.07.2024 № 112-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 450. Предоставление помещений заведомо для занятия проституцией, оказания иных услуг сексуального характера или сводничества

Сноска. Заголовок статьи 450 с изменением, внесенным Законом РК от 05.07.2024 № 112-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

1. Предоставление помещений заведомо для занятия проституцией, оказания иных услуг сексуального характера или сводничества –

влечет штраф на физических и должностных лиц в размере ста месячных расчетных показателей, на субъектов малого предпринимательства – в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с приостановлением их деятельности или отдельных видов деятельности на срок до трех месяцев.

2. То же действие, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических и должностных лиц в размере ста пятидесяти месячных расчетных показателей, на субъектов малого предпринимательства – в размере двухсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей, с запрещением их деятельности или отдельных видов деятельности на срок до трех лет с конфискацией доходов, полученных вследствие совершения административного правонарушения.

Сноска. Статья 450 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 05.07.2024 № 112-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Глава 26. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ
ПЕЧАТИ И ИНФОРМАЦИИ

Статья 451. Нарушение законодательства Республики Казахстан о масс-медиа

1. Распространение продукции средства массовой информации без постановки на учет либо после вынесения решения о приостановлении, прекращении ее выпуска (выхода в эфир) или признании свидетельства о постановке на учет утратившим силу –

влечет штраф на должностных лиц в размере десяти, на субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей, с конфискацией продукции средства массовой информации.

2. Производство, изготовление, тиражирование и (или) распространение продукции средства массовой информации без переучета в случаях смены собственника или изменения его наименования, названия, языка, территории распространения, основной тематической направленности и периодичности выпуска, а также изменения организационно-правовой формы теле-, радиоканала –

влекут штраф на должностных лиц в размере сорока, на субъектов малого предпринимательства – в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с приостановлением выпуска (выхода в эфир) средства массовой информации на срок до трех месяцев.

3. Действия, предусмотренные частью второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут запрещение выпуска (выхода в эфир) средства массовой информации.

4. Распространение с нарушением требований законодательства Республики Казахстан в масс-медиа персональных и биометрических данных, иной информации, позволяющей установить личность несовершеннолетнего, пострадавшего в результате противоправных действий (бездействия), а также подозреваемого и (или) обвиняемого в совершении административного и (или) уголовного правонарушения, за исключением несовершеннолетних, признанных судом виновными в совершении тяжких и (или) особо тяжких преступлений, включая информацию об их родителях и иных законных представителях, –

влечет штраф на физических лиц в размере пяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

5. Действие, предусмотренное частью четвертой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических и должностных лиц, субъектов малого предпринимательства или некоммерческие организации в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

6. Нарушение законодательства Республики Казахстан о масс-медиа телерадиокомпаниями, совершенное в виде:

1) распространения отечественными теле-, радиоканалами менее установленной нормы процентов отечественных теле-, радиопрограмм;

2) распространения на телеканале телепрограмм новостного характера без обеспечения сурдопереводом или переводом в виде субтитров;

3) распространения на телеканале дополнительной информации, носящей характер коммерческой рекламы, превышающей двадцать пять процентов площади кадра и нарушающей текстовый или информационный материал в телепрограммах;

4) необеспечения качества подачи теле-, радиоканалами теле-, радиопрограмм в соответствии с правилами присоединения технических средств телерадиовещания к сетям операторов телерадиовещания, технической эксплуатации систем телерадиовещания и требованиями национальных стандартов телерадиовещания, а также техническими параметрами качества телерадиовещания, –

влечет штраф на должностных лиц в размере пятидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

7. Деяния, предусмотренные частью шестой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на должностных лиц в размере ста, на субъектов малого предпринимательства или некоммерческие организации – в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

8. Распространение объема теле-, радиопрограмм на государственном языке от общего объема теле-, радиопрограмм в интервалах времени продолжительностью шесть часов каждый, исчисляемый с ноля часов местного времени, менее установленного законодательством Республики Казахстан о масс-медиа, –

влечет предупреждение или штраф на должностных лиц в размере десяти, на субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

9. Действие, предусмотренное частью восьмой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц в размере пятидесяти, на субъектов малого предпринимательства – в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере двухсот пятидесяти, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с лишением лицензии на деятельность по организации телевизионного и (или) радиовещания и приостановлением выпуска (выхода в эфир) средства массовой информации на срок до трех месяцев.

10. Вещание в еженедельном объеме отечественными теле-, радиоканалами ретрансляции теле-, радиопрограмм иностранных теле-, радиоканалов, превышающем десять процентов от общего объема теле-, радиопрограмм, –

влечет штраф на должностных лиц в размере пятидесяти, на юридических лиц – в размере ста месячных расчетных показателей.

11. Действие, предусмотренное частью десятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц в размере ста, на юридических лиц – в размере двухсот месячных расчетных показателей.

12. Нарушение законодательства Республики Казахстан о масс-медиа операторами телерадиовещания, совершенное в виде:

1) нераспространения операторами телерадиовещания обязательных теле-, радиоканалов;

2) нарушения операторами телерадиовещания условий ретрансляции теле-, радиоканала, –

влечет штраф на должностных лиц в размере пятидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

13. Деяния, предусмотренные частью двенадцатой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на должностных лиц в размере ста, на субъектов малого предпринимательства или некоммерческие организации – в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

14. Нарушение законодательства Республики Казахстан о масс-медиа телерадиокомпаниями и операторами телерадиовещания, совершенное в виде:

1) организации системы коллективного приема, не предусматривающей коммерческой цели, без письменного согласия собственников здания и (или) зданий;

2) несвоевременного распространения операторами телерадиовещания и телерадиокомпаниями сигнала оповещения населения об угрозе жизни, здоровью людей и порядке действий в сложившейся обстановке при чрезвычайных ситуациях природного и техногенного характера, а также в интересах обороны, национальной безопасности и охраны правопорядка;

3) использования технических средств телерадиовещания, не прошедших процедуры подтверждения соответствия;

4) создания помех радиопередающим и (или) радиоприемным средствам связи посредством индивидуальных наземных спутниковых приемных устройств;

5) распространения операторами телерадиовещания теле-, радиоканалов, не поставленных на учет, переучет в уполномоченном органе, –

влечет штраф на должностных лиц в размере пятидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

15. Деяния, предусмотренные частью четырнадцатой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на должностных лиц в размере ста, на субъектов малого предпринимательства или некоммерческие организации – в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

16. Распространение карт условного доступа к услугам операторов телерадиовещания и оборудования, предназначенного для индивидуального приема теле-, радиосигнала операторов телерадиовещания, не имеющих лицензию в сфере телерадиовещания и не обладающих собственными спутниковыми системами вещания на территории Республики Казахстан, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

17. Действие, предусмотренное частью шестнадцатой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства – в размере сорока, на субъектов среднего предпринимательства – в размере шестидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей, с конфискацией карт условного доступа и оборудования, явившихся непосредственными предметами совершения административного правонарушения.

Сноска. Статья 451 - в редакции Закона РК от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными Законом РК от 08.07.2024 № 117-VIII (вводится в действие с 01.10.2024).

Статья 452. Нарушение законодательства Республики Казахстан о телерадиовещании

Сноска. Статью 452 исключена Законом РК от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 453. Изготовление, хранение, ввоз, перевозка, распространение на территории Республики Казахстан продукции масс-медиа, а равно иной продукции

Сноска. Заголовок статьи 453 с изменением, внесенным Законом РК от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

1. Изготовление, хранение, ввоз, перевозка на территории Республики Казахстан продукции масс-медиа, содержащей сведения и материалы, направленные на пропаганду или агитацию насильственного изменения конституционного строя, нарушения целостности Республики Казахстан, подрыва безопасности государства, войны, разжигания социальной, расовой, национальной, религиозной, сословной и родовой розни, культа жестокости, насилия и порнографии, –

влекут штраф на физических лиц в размере двадцати, на должностных лиц – в размере двадцати пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей, с конфискацией продукции масс-медиа.

2. Распространение на территории Республики Казахстан продукции масс-медиа, содержащей сведения и материалы, направленные на пропаганду или агитацию насильственного изменения конституционного строя, нарушения целостности Республики Казахстан, подрыва безопасности государства, войны, разжигания социальной, расовой, национальной, религиозной, сословной и родовой розни, пропаганду и оправдание экстремизма или терроризма, а также раскрывающие технические приемы и тактику антитеррористических операций в период их проведения, если эти действия не содержат признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере двадцати, на должностных лиц – в размере двадцати пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей, с конфискацией продукции масс-медиа.

3. Действия, предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере ста, на должностных лиц – в размере ста пятидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере тысячи пятисот месячных расчетных показателей, с конфискацией продукции масс-медиа с лишением лицензии на деятельность по организации телевизионных программ и (или) радиовещания и запрещением деятельности юридического лица.

4. Изготовление, хранение, ввоз, перевозка, распространение на территории Республики Казахстан иной продукции, не относящейся к масс-медиа, содержащей сведения и материалы, направленные на пропаганду или агитацию насильственного изменения конституционного строя, нарушения целостности Республики Казахстан, подрыва безопасности государства, войны, разжигания социальной, расовой, национальной, религиозной, сословной и родовой розни, культа жестокости, насилия и порнографии, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф на физических лиц в размере ста, на должностных лиц – в размере ста пятидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере тысячи пятисот месячных расчетных показателей, с конфискацией продукции.

5. Действия, предусмотренные частями третьей и четвертой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двухсот, на должностных лиц – в размере трехсот, на субъектов малого предпринимательства или некоммерческие организации – в размере трехсот пятидесяти, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей, с лишением лицензии на деятельность по организации телевизионного и (или) радиовещания и запрещением деятельности юридического лица.

Сноска. Статья 453 с изменениями, внесенными Законом РК от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 454. Нарушение порядка предоставления обязательных бесплатных экземпляров периодических печатных изданий, фиксации, хранения материалов теле- и радиопередач

1. Непредоставление обязательных бесплатных экземпляров периодических печатных изданий, а также фиксации и хранения материалов теле- и радиопередач –

влечет предупреждение.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере двадцати месячных расчетных показателей.

Сноска. Статья 454 с изменениями, внесенными Законом РК от 28.12.2017 № 128-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 455. Нарушение законодательства Республики Казахстан о рекламе

1. Производство, распространение, размещение и использование рекламы товаров (работ, услуг), запрещенных к рекламе законами Республики Казахстан, –

влекут штраф на физических лиц в размере шестидесяти, на должностных лиц – в размере восьмидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста двадцати, на субъектов среднего предпринимательства – в размере ста семидесяти, на субъектов крупного предпринимательства – в размере четырехсот пятидесяти месячных расчетных показателей.

1-1. Распространение и (или) размещение рекламы букмекерских контор или тотализаторов, не соответствующей положениям законодательства Республики Казахстан о рекламе, –

влекут штраф на физических лиц в размере шестидесяти, на должностных лиц – в размере восьмидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста двадцати, на субъектов среднего предпринимательства – в размере ста семидесяти, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

2. Нарушение законодательства Республики Казахстан о рекламе, совершенное в виде:

1) недобросовестной и недостоверной рекламы, за исключением случаев, предусмотренных статьей 163 настоящего Кодекса;

2) неэтичной и скрытой рекламы;

3) рекламы в дни национального траура на теле-, радиоканалах;

4) рекламы в форме проведения различных мероприятий, в том числе розыгрышей призов, лотерей, направленных на стимулирование спроса и интереса к алкогольной продукции, табаку и табачным изделиям, в том числе изделиям с нагреваемым табаком, табаку для кальяна, кальянной смеси, к системам для нагрева табака, электронным системам потребления и жидкостям для них;

5) прерывания рекламой, в том числе способом бегущей строки, трансляции официальных сообщений, выступлений кандидатов в президенты Республики Казахстан и депутаты представительных органов, образовательных и религиозных телепрограмм, а также демонстрации детских телепрограмм, за исключением рекламы, предназначенной для детей и подростков;

6) прерывания рекламой демонстрации фильма в кино- и видеообслуживании, за исключением перерывов между сериями;

7) размещения наружной (визуальной) рекламы на памятниках истории и культуры и в их охранных зонах, на культовых зданиях (сооружениях) и на отведенной им территории и их ограждениях, а также на особо охраняемых природных территориях;

8) рекламы строящегося или введенного в эксплуатацию жилого дома (жилого здания), не соответствующего классификации жилых домов (жилых зданий) в утвержденной проектной документации;

9) рекламы не зарегистрированных в соответствии с законодательством Республики Казахстан религиозных объединений и духовных (религиозных) организаций образования, –

влечет штраф на физических лиц в размере тридцати пяти, на должностных лиц – в размере семидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

3. Нарушение установленных законами Республики Казахстан требований к языкам распространения рекламы –

влечет штраф на физических лиц в размере двадцати, на должностных лиц – в размере семидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

4. Действие, предусмотренное частью третьей настоящей статьи, совершенное с использованием масс-медиа, –

влечет штраф на физических лиц в размере ста, на должностных лиц – в размере ста двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере ста семидесяти, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

5. Действия, предусмотренные частями первой, 1-1, второй, третьей и четвертой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере ста семидесяти, на должностных лиц – в размере двухсот, на субъектов малого предпринимательства или некоммерческие организации – в размере двухсот пятидесяти, на субъектов среднего предпринимательства – в размере трехсот пятидесяти, на субъектов крупного предпринимательства – в размере шестьсот пятидесяти месячных расчетных показателей.

Сноска. Статья 455 в редакции Закона РК от 08.01.2019 № 215-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными законами РК от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 08.07.2024 № 117-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 456. Нарушение порядка объявления выходных данных

1. Выпуск периодического печатного издания, распространение сообщений и материалов информационного агентства или сетевого издания без установленных выходных данных, выход в эфир теле-, радиоканалов без объявления своего наименования, а равно с неясными либо заведомо ложными выходными данными –

влекут предупреждение.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере двадцати месячных расчетных показателей.

Сноска. Статья 456 с изменениями, внесенными законами РК от 24.11.2015 № 419-V (вводится в действие с 01.01.2016); от 28.12.2017 № 128-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 456-1. Незаконное ограничение права на доступ к информации

1. Неправомерный отказ в предоставлении информации либо предоставление заведомо ложной информации в случаях, когда такая информация подлежит предоставлению по запросу пользователя информации в соответствии с законодательством Республики Казахстан, за исключением действий, ответственность за которые предусмотрена другими статьями настоящего Кодекса, –

влечет штраф на должностных лиц, субъектов малого предпринимательства, некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Исключен Законом РК от 10.07.2023 № 20-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

3. Неправомерное отнесение информации, не являющейся информацией с ограниченным доступом, к информации с ограниченным доступом, за исключением действий, предусмотренных частью третьей статьи 504 настоящего Кодекса, –

влечет штраф на должностных лиц в размере двадцати месячных расчетных показателей.

4. Деяния, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Сноска. Глава 26 дополнена статьей 456-1 в соответствии с Законом РК от 16.11.2015 № 404-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными Законом РК от 10.07.2023 № 20-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 456-2. Размещение, распространение ложной информации

1. Размещение, распространение ложной информации в масс-медиа, на интернет-ресурсе обладателя информации, на интернет-портале открытых данных или иными способами, предусмотренными законодательством Республики Казахстан, –

влечет штраф на должностных лиц, субъектов малого предпринимательства, некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на должностных лиц, субъектов малого предпринимательства, некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

3. Размещение, распространение ложной информации пользователями онлайн-платформ, создающей условия нарушения общественного порядка, прав и законных интересов граждан или организаций либо охраняемых законом интересов общества или государства, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф на физических лиц – в размере двадцати, на субъектов малого предпринимательства, некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

4. Действия, предусмотренные частью третьей настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц – в размере сорока месячных расчетных показателей либо административный арест на срок до десяти суток, на субъектов малого предпринимательства, некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

5. Действия, предусмотренные частью третьей настоящей статьи, совершенные инфлюенсерами (блогерами), –

влекут штраф на физических лиц – в размере тридцати, на субъектов малого предпринимательства, некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

6. Действия, предусмотренные частью пятой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц – в размере пятидесяти месячных расчетных показателей либо административный арест на срок до пятнадцати суток, на субъектов малого предпринимательства, некоммерческие организации – в размере шестидесяти, на субъектов среднего предпринимательства – в размере ста двадцати, на субъектов крупного предпринимательства – в размере двухсот пятидесяти месячных расчетных показателей.

Примечание: Для целей части пятой настоящей статьи под инфлюенсером (блогером) понимается пользователь онлайн-платформы, публикующий информацию на онлайн-платформах, адресованную неопределенному кругу лиц, в целях предпринимательской деятельности.

Сноска. Глава 26 дополнена статьей 456-2 в соответствии с Законом РК от 10.07.2023 № 20-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Глава 27. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ
НА УСТАНОВЛЕННЫЙ ПОРЯДОК УПРАВЛЕНИЯ

Статья 457. Нарушение законодательства Республики Казахстан по вопросам государственной регистрации нормативных правовых актов

1. Непредставление должностным лицом на государственную регистрацию нормативного правового акта, подлежащего такой регистрации, в порядке и сроки, установленные законодательством Республики Казахстан, –

влечет штраф в размере десяти месячных расчетных показателей.

2. Применение должностным лицом нормативного правового акта, утратившего силу в установленном порядке, признанного судом недействительным, официально неопубликованного в установленном порядке, не введенного в действие, либо действие которого приостановлено уполномоченным органом, а также не прошедшего государственную регистрацию в органах юстиции, –

влечет штраф в размере двадцати месячных расчетных показателей.

3. Действия, предусмотренные частями первой или второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере тридцати месячных расчетных показателей.

Статья 458. Нарушение порядка использования Государственного Флага Республики Казахстан, Государственного Герба Республики Казахстан, а также использования и исполнения Государственного Гимна Республики Казахстан

1. Незаконное использование Государственного Флага Республики Казахстан, Государственного Герба Республики Казахстан и их изображений, а также использование и исполнение Государственного Гимна Республики Казахстан с нарушением требований законодательства Республики Казахстан –

влекут штраф в размере пятидесяти месячных расчетных показателей.

2. Неиспользование государственных символов в случаях, когда их использование является обязательным, –

влечет штраф на должностных лиц в размере пятидесяти месячных расчетных показателей.

3. Деяния, предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере ста месячных расчетных показателей.

Сноска. Статья 458 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 459. Нарушение порядка последующего официального опубликования текстов нормативных правовых актов

Сноска. Статья 459 исключена Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 460. Нарушение срока подачи документов на государственную регистрацию прав на недвижимое имущество

Сноска. Статья 460 исключена Законом РК от 26.01.2021 № 412-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 460-1. Нарушение порядка представления сведений о получении денег и (или) иного имущества от иностранных государств, международных и иностранных организаций, иностранцев, лиц без гражданства или их расходовании

1. Неуведомление в сроки и случаях, предусмотренных налоговым законодательством Республики Казахстан, органов государственных доходов о получении денег и (или) иного имущества от иностранных государств, международных и иностранных организаций, иностранцев, лиц без гражданства, а также непредставление или несвоевременное представление сведений об их получении и расходовании –

влекут штраф на физических лиц в размере пятидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере трехсот пятидесяти месячных расчетных показателей.

2. Представление недостоверных или заведомо ложных сведений, указанных в части первой настоящей статьи, –

влечет штраф на физических лиц в размере ста, на субъектов малого предпринимательства или некоммерческие организации – в размере двухсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере семисот месячных расчетных показателей с приостановлением деятельности.

3. Действия (бездействие), предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере ста пятидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двухсот пятидесяти, на субъектов среднего предпринимательства – в размере четырехсот пятидесяти, на субъектов крупного предпринимательства – в размере тысячи месячных расчетных показателей с запрещением деятельности.

Сноска. Кодекс дополнен статьей 460-1 в соответствии с Законом РК от 26.07.2016 № 12-VІ (вводится в действие по истечении двух месяцев после дня его первого официального опубликования).

Статья 460-2. Нарушение порядка публикации, распространения и (или) размещения материалов лицами, получающими деньги и (или) иное имущество от иностранных государств, международных и иностранных организаций, иностранцев, лиц без гражданства

1. Публикация, распространение или размещение материалов на основании заключенных договоров об оказании услуг, выполнении работ с иностранными государствами, международными и иностранными организациями, иностранцами и лицами без гражданства, не содержащих сведения о лицах, сделавших заказ, и из каких средств оплачены публикация, распространение и (или) размещение данной публикации, –

влекут предупреждение.

2. Действия (бездействие), предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере двадцати пяти месячных расчетных показателей.

Сноска. Кодекс дополнен статьей 460-2 в соответствии с Законом РК от 26.07.2016 № 12-VІ (вводится в действие по истечении двух месяцев после дня его первого официального опубликования).

Статья 461. Нарушение защитного предписания

1. Нарушение защитного предписания, вынесенного органом внутренних дел, –

влечет административный арест на десять суток.

1-1. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет административный арест сроком на двадцать суток.

2. Действие, предусмотренное частями первой и 1-1 настоящей статьи, совершенное лицами, к которым административный арест в соответствии с частью второй статьи 50 настоящего Кодекса не применяется, –

влечет штраф в размере тридцати месячных расчетных показателей.

Сноска. Статья 461 - в редакции Закона РК от 20.04.2023 № 227-VII (вводится в действие с 01.07.2023); с изменениями, внесенными Законом РК от 15.04.2024 № 73-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 462. Воспрепятствование должностным лицам государственных инспекций и органов государственного контроля и надзора в выполнении ими служебных обязанностей, невыполнение постановлений, предписаний и иных требований

1. Воспрепятствование должностным лицам государственных инспекций и органов государственного контроля и надзора в выполнении ими служебных обязанностей в соответствии с их компетенцией, выразившееся в отказе от предоставления необходимых документов, материалов, статистических (за исключением первичных статистических данных) и иных сведений, информации о деятельности, о доходах, об оснащенности приборами учета энергетических ресурсов, объемах потребления и потерях энергетических ресурсов, воды, об исчислении и уплате страховых взносов, об использовании атомной энергии, в отказе допуска для проведения по постановлению уполномоченного органа ревизии, проверки, инвентаризации, экспертиз и других действий, предусмотренных законодательством, или в создании иного препятствия в их осуществлении, либо предоставление недостоверной информации –

влечет штраф на физических лиц в размере трех, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере семи, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

3. Невыполнение или ненадлежащее выполнение законных требований или предписаний, представлений, постановлений, выданных органами государственного контроля и надзора (должностных лиц), должностными лицами государственных органов в пределах их компетенции, за исключением случаев, предусмотренных статьями 162 и 227 настоящего Кодекса, –

влечет штраф на физических лиц в размере пяти, на должностных лиц – в размере пятнадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей, с приостановлением действия разрешения или без такового либо с приостановлением деятельности или отдельных видов деятельности или без такового.

4. Непредоставление либо несвоевременное предоставление проверяемыми субъектами информации о мерах, которые будут приняты по устранению нарушений, выявленных органами контроля и надзора, –

влечет штраф в размере двадцати месячных расчетных показателей.

5. Срыв печати (пломбы), наложенной должностным лицом уполномоченного органа, за исключением случаев, предусмотренных частью второй статьи 625, частью первой статьи 626 настоящего Кодекса, –

влечет штраф на физических лиц в размере пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

Примечания.

1. Физическое лицо, за исключением субъектов финансового мониторинга, не подлежит привлечению к административной ответственности в соответствии с частями первой и второй настоящей статьи за отказ от предоставления необходимых документов, материалов статистических (за исключением первичных статистических данных) и иных сведений, информации об оснащенности приборами учета энергетических ресурсов, воды.

2. Юридическое лицо, за исключением субъектов финансового мониторинга, государственных предприятий, товариществ с ограниченной ответственностью, акционерных обществ, в том числе национальных управляющих холдингов, национальных холдингов, национальных компаний, участником или акционером которых является государство, а также дочерних, зависимых и иных юридических лиц, являющихся аффилиированными с ними, не подлежит привлечению к административной ответственности в соответствии с частями первой и второй настоящей статьи за отказ от предоставления необходимых документов, материалов статистических (за исключением первичных статистических данных) и иных сведений, информации об оснащенности приборами учета энергетических ресурсов, воды, объемах потребления и потерях энергетических ресурсов, воды в случае, если такое лицо потребляет энергетические ресурсы в объеме, эквивалентном менее тысячи пятисот тонн условного топлива в год.

Сноска. Статья 462 с изменениями, внесенными законами РК от 02.08.2015 № 343-V (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 03.07.2017 № 84-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 463. Занятие предпринимательской или иной деятельностью, а также осуществление действий (операций) без соответствующей регистрации, разрешения или направления уведомления

1. Занятие предпринимательской или иной деятельностью, а также осуществление действий (операций) без регистрации, разрешения, а равно ненаправление уведомления в случаях, когда регистрация, разрешение, направление уведомления обязательны, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф на физических лиц в размере пятнадцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двадцати пяти, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей, с конфискацией предметов и (или) орудия совершения административных правонарушений либо без таковой, а занятие предпринимательской или иной деятельностью без лицензии дополнительно влечет конфискацию дохода (дивидендов), денег, ценных бумаг, полученных вследствие административного правонарушения.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере тридцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей, с конфискацией предметов и (или) орудия совершения административного правонарушения, а занятие предпринимательской или иной деятельностью без лицензии дополнительно влечет конфискацию дохода (дивидендов), денег, ценных бумаг, полученных вследствие административного правонарушения.

Примечание. Ответственность по настоящей статье не распространяется на уведомление о проведенных валютных операциях и учетную регистрацию валютных договоров, осуществляемые в соответствии с Законом Республики Казахстан "О валютном регулировании и валютном контроле", а также на уведомления, осуществляемые в соответствии с Законом Республики Казахстан "О естественных монополиях".

Сноска. Статья 463 с изменениями, внесенным законами РК от 28.12.2016 № 34-VI (вводится в действие с 01.01.2017); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.07.2018 № 168-VІ (вводится в действие с 01.07.2019).

Статья 464. Нарушение норм лицензирования

1. Нарушение установленных законодательством Республики Казахстан норм лицензирования, в том числе несоответствие квалификационным требованиям, предъявляемым к лицензируемым видам деятельности, –

влечет штраф на физических лиц в размере пятнадцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере сорока пяти, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей, с приостановлением действия лицензии или без такового.

2. Предоставление лицензиатом заведомо недостоверной информации при получении лицензии, а равно действия (бездействие), предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, а также неустранение нарушений норм лицензирования, повлекших привлечение к административной ответственности, по истечении срока приостановления действия лицензии –

влекут штраф на физических лиц в размере сорока, на субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей с лишением лицензии либо без такового.

Сноска. Статья 464 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 465. Нарушение порядка и срока выдачи разрешения

1. Нарушение срока выдачи разрешения –

влечет штраф на должностных лиц в размере двадцати месячных расчетных показателей.

2. Выдача разрешения с нарушением порядка, установленного законодательством Республики Казахстан о разрешениях и уведомлениях, а равно необоснованный отказ в выдаче разрешения –

влекут штраф на должностных лиц в размере тридцати месячных расчетных показателей.

3. Действия, предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на должностных лиц в размере пятидесяти месячных расчетных показателей.

Сноска. Статья 465 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 465-1. Нарушение саморегулируемой организацией требований, установленных законодательством Республики Казахстан о саморегулировании

1. Нарушения саморегулируемой организацией требований, установленных законодательством Республики Казахстан о саморегулировании, совершенные в виде:

1) смешивания средств компенсационного фонда с иными средствами саморегулируемой организации;

2) отсутствия органа по рассмотрению потребительских споров, возникающих между членами (участниками) саморегулируемой организации, потребителями и иными лицами в сфере защиты прав потребителей, –

влекут предупреждение.

2. Деяния, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере ста месячных расчетных показателей.

Сноска. Глава 27 дополнена статьей 465-1 в соответствии с Законом РК от 25.06.2020 № 346-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 466. Нарушение законодательства Республики Казахстан о государственной регистрации юридических лиц и учетной регистрации филиалов и представительств

1. Осуществление деятельности без перерегистрации юридического лица, его филиалов и представительств в случаях, предусмотренных законодательством, –

влечет предупреждение или штраф на должностных лиц, субъектов малого предпринимательства или некоммерческие организации в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере сорока месячных расчетных показателей.

2. Несвоевременное извещение регистрирующего органа об изменении места нахождения юридического лица –

влечет предупреждение или штраф на должностных лиц, субъектов малого предпринимательства или некоммерческие организации в размере пяти, на субъектов среднего предпринимательства – в размере десяти, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

Сноска. Статья 466 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 467. Невозвращение лицензии и (или) приложения к лицензии лицензиару

Сноска. Статья 467 исключена Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 468. Нарушение законодательства Республики Казахстан о национальных реестрах идентификационных номеров

1. Разглашение сведений, содержащихся в национальных реестрах идентификационных номеров, не подлежащих разглашению, а равно неисполнение либо ненадлежащее исполнение обязанностей, установленных законодательством Республики Казахстан о национальных реестрах идентификационных номеров, совершенные:

уполномоченным органом в виде:

1) неформирования идентификационного номера в течение одного рабочего дня с момента обращения регистрирующих органов;

2) непредоставления информации регистрирующим государственным органам и иным государственным учреждениям не позднее двух рабочих дней с момента их обращений;

регистрирующим органом в виде:

1) несвоевременного представления сведений в уполномоченный орган для формирования идентификационного номера в течение одного рабочего дня с момента поступления таких сведений;

2) непредставления сведений уполномоченному органу для пополнения и поддержания актуального состояния данных информационных систем национальных реестров идентификационных номеров в течение одного рабочего дня с момента поступления таких сведений;

3) непредставления сведений уполномоченному органу для исключения или условного исключения идентификационных номеров из национальных реестров идентификационных номеров в течение одного рабочего дня с момента поступления таких сведений;

государственными органами и иными государственными учреждениями в виде:

1) непредставления сведений, установленных Правительством Республики Казахстан, уполномоченному органу для пополнения и поддержания актуального состояния данных информационных систем национальных реестров идентификационных номеров в течение одного рабочего дня с момента поступления таких сведений;

2) непредставления сведений уполномоченному органу для исключения или условного исключения идентификационных номеров из национальных реестров идентификационных номеров в течение одного рабочего дня с момента поступления таких сведений;

3) неучитывания идентификационного номера при выдаче документов регистрационного, разрешительного и иного характера в соответствии с законодательством Республики Казахстан;

банками и организациями, осуществляющими отдельные виды банковских операций в виде:

неучитывания идентификационного номера, а также неконтролирования правильности указания в соответствии с алгоритмом формирования идентификационного номера, установленным законодательством Республики Казахстан, –

влекут штраф на должностных лиц в размере двадцати месячных расчетных показателей.

2. Деяния, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на должностных лиц в размере тридцати месячных расчетных показателей.

Статья 469. Нарушение требований, предъявляемых к деятельности по монтажу, наладке и техническому обслуживанию средств охранной сигнализации

1. Нарушение физическими или юридическими лицами требований, предъявляемых Законом Республики Казахстан "Об охранной деятельности" к деятельности по монтажу, наладке и техническому обслуживанию средств охранной сигнализации, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере пятидесяти пяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, а равно неустранение нарушения, предусмотренного частью первой настоящей статьи, повлекшего привлечение к административной ответственности, –

влекут штраф на физических лиц в размере сорока, на субъектов малого предпринимательства – в размере девяноста пяти, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей с запрещением деятельности.

Статья 470. Нарушение законодательства Республики Казахстан в области охранной деятельности

1. Нарушение законодательства Республики Казахстан в области охранной деятельности, совершенное в виде:

1) неисполнения и (или) ненадлежащего исполнения требований по обеспечению инженерно-технической укрепленности объектов, подлежащих государственной охране, утвержденных Правительством Республики Казахстан;

2) предоставления иностранным юридическим лицам, юридическим лицам с иностранным участием, иностранцам, а также лицам без гражданства права осуществлять все виды охранной деятельности; учреждать или быть учредителями (участниками) частных охранных организаций; иметь в доверительном управлении частную охранную организацию;

3) принятия на должность охранника частной охранной организации лиц, не соответствующих требованиям пункта 6 статьи 10 Закона Республики Казахстан "Об охранной деятельности";

4) невыполнения требований по обеспечению охранника при исполнении им своих должностных обязанностей документом установленного образца, удостоверяющим его личность и принадлежность к частной охранной организации, и специальной одеждой;

5) несоблюдения ограничений, предусмотренных статьей 17-1 Закона Республики Казахстан "Об охранной деятельности";

6) осуществления деятельности по подготовке и повышению квалификации работников, занимающих должность руководителя и охранника в частной охранной организации с нарушением требований, установленных законодательством Республики Казахстан, –

влечет штраф на должностных лиц, субъектов малого предпринимательства в размере сорока, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

1-1. Укрытие, а равно неинформирование органов внутренних дел работниками, занимающими должность охранника в частной охранной организации, о ставших известными им фактах готовящихся либо совершенных преступлений, если эти действия не содержат признаков уголовно наказуемого деяния, либо о срабатывании охранной сигнализации с охраняемых объектов, на территории которых имеются оружие, боеприпасы и взрывчатые вещества, –

влекут штраф на физических лиц в размере пяти месячных расчетных показателей.

2. Действия (бездействие), предусмотренные частями первой и 1-1 настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, а равно неустранение нарушения, предусмотренного частью первой настоящей статьи, повлекшего привлечение к административной ответственности, –

влекут штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства – в размере восьмидесяти, на субъектов среднего предпринимательства – в размере ста тридцати, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей, с запрещением деятельности либо без такового.

Сноска. Статья 470 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 471. Невыполнение местными исполнительными органами, иными уполномоченными органами и уполномоченными лицами обязанностей, установленных налоговым законодательством Республики Казахстан

Сноска. Заголовок статьи 471 в редакции Закона РК от 18.11.2015 № 412-V (вводится в действие с 01.01.2021).

1. Непредставление, несвоевременное, недостоверное или неполное представление местными исполнительными органами, иными уполномоченными органами и уполномоченными лицами сведений, определенных налоговым законодательством Республики Казахстан для представления органам государственных доходов, –

влекут штраф на должностных лиц в размере тридцати месячных расчетных показателей.

2. Непредставление, несвоевременное, недостоверное или неполное представление местными исполнительными органами и иными уполномоченными государственными органами сведений, определенных налоговым законодательством Республики Казахстан для представления органам государственных доходов, –

влекут штраф на должностных лиц в размере тридцати месячных расчетных показателей.

3. Невыполнение уполномоченными государственными и местными исполнительными органами требований по устранению нарушений, выявленных по результатам налогового контроля и указанных в акте контроля, -

влечет штраф на должностных лиц в размере тридцати месячных расчетных показателей.

4. Действия (бездействие), предусмотренные частями первой, второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на должностных лиц в размере шестидесяти месячных расчетных показателей.

Примечание. Понятие и термины налогового законодательства Республики Казахстан, используемые в настоящей статье, применяются только в том значении, в каком они используются в налоговом законодательстве Республики Казахстан.

Сноска. Статья 471 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 18.11.2015 № 412-V (вводится в действие с 01.01.2021).

Статья 472. Нарушение правил учета и дальнейшего использования имущества, поступившего в собственность государства по отдельным основаниям, в случаях, предусмотренных законодательными актами

1. Неполная и (или) несвоевременная передача в уполномоченный орган имущества, поступившего в собственность государства по отдельным основаниям, если эти деяния не имеют признаков уголовно наказуемого деяния, а именно:

1) конфискованного на основании судебных актов в доход государства;

2) вещественных доказательств на основании судебных актов, обращенных в доход государства;

3) кладов, содержащих вещи, относящиеся к памятникам истории и культуры;

4) подарков, поступивших лицам, занимающим ответственную государственную должность, лицам, уполномоченным на выполнение государственных функций, лицам, приравненным к ним (за исключением кандидатов в президенты Республики Казахстан, депутаты Парламента Республики Казахстан или маслихатов, акимы городов районного значения, поселков, сел, сельских округов, а также в члены выборных органов местного самоуправления), должностным лицам, а также лицам, являющимся кандидатами, уполномоченными на выполнение указанных функций, подлежащих безвозмездной сдаче в специальный государственный фонд;

5) перешедшего в республиканскую собственность в иных случаях, предусмотренных законодательными актами, в том числе товары и транспортные средства, оформленные в таможенном режиме отказа в пользу государства;

6) признанного в установленном порядке бесхозяйным;

7) перешедшего по праву наследования к государству, в том числе выморочное наследство;

8) находок;

9) безнадзорных животных, –

влечет штраф на физических лиц в размере восьми, на должностных лиц – в размере пятнадцати, на юридических лиц – в размере сорока пяти месячных расчетных показателей.

2. Несоблюдение порядка учета, хранения, оценки и реализации имущества, поступившего в собственность государства по отдельным основаниям, совершенное в виде:

1) необеспечения сохранности документов, удостоверяющих возникновение права собственности государства;

2) выбора организатора аукциона не путем государственных закупок услуг по организации и проведению аукционов;

3) неуничтожения имущества, не реализованного по минимальной цене;

4) несвоевременного перечисления в государственный бюджет сумм от реализации такого имущества, –

влечет штраф на должностных лиц в размере пятнадцати, на юридических лиц – в размере сорока пяти месячных расчетных показателей.

Сноска. Статья 472 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 473. Разглашение сведений, составляющих налоговую тайну

Разглашение сведений, составляющих налоговую тайну, без профессиональной или служебной необходимости лицами, которым стало известно о таких сведениях в порядке, установленном налоговым законодательством Республики Казахстан, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф в размере сорока месячных расчетных показателей.

Сноска. Статья 473 с изменением, внесенным Законом РК от 25.12.2017 № 122-VI (вводится в действие с 01.01.2019).

Статья 474. Осуществление органами (организациями), уполномоченными государством, определенных действий без взимания налогов и других обязательных платежей в бюджет, а равно без получения документов, подтверждающих такую уплату

1. Осуществление органами (организациями), уполномоченными государством, юридически значимых действий, предусмотренных законодательством Республики Казахстан, без взимания налогов и других обязательных платежей в бюджет –

влечет штраф на должностных лиц в размере тридцати месячных расчетных показателей.

2. Осуществление органами (организациями), уполномоченными государством, юридически значимых действий, предусмотренных законодательством Республики Казахстан, без получения документа, подтверждающего уплату налогов и других обязательных платежей в бюджет, в случаях, когда получение подтверждающего документа предусмотрено законодательными актами, –

влечет штраф на должностных лиц в размере тридцати месячных расчетных показателей.

3. Действия, предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на должностных лиц в размере семидесяти месячных расчетных показателей.

Статья 475. Отказ в постановке на налоговый учет или нарушение сроков постановки на налоговый учет

1. Отказ в постановке налогоплательщика на регистрационный учет или на учет налогоплательщика в качестве плательщика налога на добавленную стоимость, а равно нарушение должностным лицом органа государственных доходов установленных налоговым законодательством сроков такой регистрации (учета) –

влекут штраф в размере двадцати месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере сорока месячных расчетных показателей.

Статья 476. Нарушение режима чрезвычайного положения

1. Нарушение режима или невыполнение требований, установленных государственным органом в связи с объявлением чрезвычайного положения, а также неисполнение законных приказов и распоряжений коменданта местности, если эти действия (бездействие) не содержат признаков уголовно наказуемого деяния, в части:

1) особого режима въезда и выезда;

2) запрещения для определенных физических лиц покидать на установленный срок определенную местность, свою квартиру (дом);

3) запрещения или ограничения организации и проведения мирных собраний, а также зрелищных, спортивных и других массовых мероприятий;

4) запрещения на проведение забастовок;

5) ограничения или запрещения на торговлю оружием, сильнодействующими химическими и ядовитыми веществами, а также алкогольными напитками и спиртосодержащими веществами;

6) карантина и проведения других обязательных санитарно-противоэпидемических мероприятий;

7) ограничения или запрещения использования множительной техники, а также радио– и телепередающей аппаратуры, аудио– и видеозаписывающей техники; предписаний об изъятии звукоусиливающих технических средств; мер по обеспечению контроля за масс-медиа;

8) особых правил пользования связью;

9) ограничения движения транспортных средств и проведения их досмотра;

10) запрещения нахождения физических лиц во время комендантского часа без специально выданных пропусков и документов, удостоверяющих их личность, на улицах или в иных общественных местах либо пребывания вне своего жилища без документов, удостоверяющих личность, –

влекут предупреждение или штраф в размере десяти месячных расчетных показателей либо административный арест на срок до пятнадцати суток.

2. Действия (бездействие), предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере двадцати месячных расчетных показателей либо административный арест на срок до тридцати суток.

Сноска. Статья 476 с изменениями, внесенными законами РК от 25.05.2020 № 334-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.07.2020 № 359-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 477. Нарушение правового режима в зоне проведения антитеррористической операции

Нарушение правового режима или невыполнение требований, установленных в связи с объявлением антитеррористической операции, в части:

1) особого режима въезда и выезда;

2) запрещения нахождения физических лиц на отдельных участках местности и объектах, а также воспрепятствования отбуксировки транспортных средств;

2-1) нахождения в зоне проведения антитеррористической операции представителей масс-медиа и осуществления ими звукозаписи, фото- и видеосъемки без разрешения руководителя оперативного штаба;

3) воспрепятствования проверке документов, удостоверяющих личность физических лиц, проведению личного досмотра и досмотра вещей, находящихся при физическом лице, досмотра транспортных средств;

4) особых правил пользования связью;

5) воспрепятствования изъятию транспортных средств для доставления лиц, нуждающихся в срочной медицинской помощи, в лечебные учреждения, проезда к месту совершения акта терроризма, а также для преследования и задержания лиц, подозреваемых в совершении акта терроризма, если промедление может создать реальную угрозу жизни или здоровью людей;

6) приостановления деятельности опасных производственных объектов;

7) воспрепятствования временному отселению физических лиц, проживающих в пределах территории, на которой введен правовой режим антитеррористической операции;

8) введения карантина, проведения санитарно-противоэпидемических, ветеринарных мероприятий и мероприятий по карантину растений;

9) воспрепятствования проникновению в жилые и иные помещения, находящиеся в собственности или во владении и в пользовании физических и юридических лиц, и на земельные участки, принадлежащие им на праве частной собственности или праве землепользования;

10) ограничения или запрещения на торговлю оружием, боеприпасами, взрывчатыми веществами, сильнодействующими химическими и ядовитыми веществами, установления особого режима оборота лекарственных средств, наркотических средств, психотропных веществ и прекурсоров, этилового спирта и алкогольной продукции –

влечет штраф на физических лиц в размере двадцати месячных расчетных показателей либо административный арест на срок до пятнадцати суток, на субъектов малого предпринимательства или некоммерческие организации – в размере восьмидесяти пяти, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот пятидесяти месячных расчетных показателей, с приостановлением деятельности опасных производственных объектов.

Сноска. Статья 477 с изменениями, внесенными законами РК от 02.08.2015 № 343-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 478. Действия, провоцирующие нарушение правопорядка в условиях чрезвычайного положения

1. Действия, провоцирующие нарушение правопорядка или разжигающие национальную и религиозную рознь, активное воспрепятствование осуществлению физическими лицами и должностными лицами их законных прав и обязанностей, либо действия, нарушающие общественный порядок и спокойствие физических лиц, а также нарушение законодательства Республики Казахстан об административном надзоре, совершенные в местности, где объявлено чрезвычайное положение, –

влекут штраф в размере сорока месячных расчетных показателей либо административный арест на срок до тридцати суток.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере пятидесяти месячных расчетных показателей либо административный арест на срок до сорока суток.

Сноска. Статья 478 с изменениями, внесенными Законом РК от 03.07.2020 № 359-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 479. Несообщение о принятых мерах и (или) непринятие мер по устранению причин и условий, способствовавших совершению правонарушения

Сноска. Заголовок статьи 479 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Несообщение руководителем организации и другими лицами о принятых мерах, а равно непринятие мер по устранению причин и условий, способствующих совершению преступлений или административных правонарушений, по представлениям органов (должностных лиц), рассматривавших дело, –

влечет штраф в размере десяти месячных расчетных показателей.

Сноска. Статья 479 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 480. Нарушение законодательства Республики Казахстан об административном надзоре

1. Невыполнение лицом, освобожденным из мест лишения свободы, правил административного надзора или установленных в отношении него судом ограничений, –

влечет предупреждение или штраф в размере десяти месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере двадцати месячных расчетных показателей или административный арест до пятнадцати суток.

Статья 481. Передача лицам, содержащимся в учреждениях уголовно-исполнительной системы, специальных учреждениях, запрещенных веществ, изделий и предметов

1. Скрытая от досмотра передача или попытка передачи любым способом лицам, содержащимся в учреждениях уголовно-исполнительной системы, специальных учреждениях, алкогольных напитков, лекарственных и других веществ, обладающих одурманивающим действием, денег, продуктов питания, изделий и других предметов, запрещенных к хранению и использованию в этих учреждениях, –

влечет предупреждение или штраф в размере десяти месячных расчетных показателей, с конфискацией предмета, явившегося орудием либо предметом совершения административного правонарушения.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере двадцати месячных расчетных показателей либо административный арест на срок до тридцати суток, с конфискацией предмета, явившегося орудием либо предметом совершения административного правонарушения.

Статья 482. Незаконные приобретение, передача, реализация, хранение, ношение, перевозка физическими и юридическими лицами оружия

1. Незаконные приобретение, передача, реализация, хранение, ношение, перевозка не зарегистрированного в органах внутренних дел гладкоствольного, газового оружия и патронов к нему, электрического, метательного, охолощенного, сигнального, пневматического оружия с дульной энергией свыше 7,5 Джоуль, калибром более 4,5 миллиметра, основных (составных) частей к нему –

влекут штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати пяти, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере сорока месячных расчетных показателей, с конфискацией оружия, а также основных (составных) частей к нему.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере тридцати, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати пяти, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей, с конфискацией оружия, а также основных (составных) частей к нему.

Примечание. Лицо, добровольно сдавшее незаконно хранящееся оружие, а также основные (составные) части к нему, освобождается от административной ответственности, если в его действиях не содержится состав иного правонарушения.

Сноска. Статья 482 с изменениями, внесенными Законом РК от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 483. Нарушение порядка хранения, учета, использования, перевозки, торговли, уничтожения, ввоза, вывоза гражданских пиротехнических веществ и изделий с их применением

1. Нарушение порядка хранения, учета, использования, перевозки, торговли, уничтожения, ввоза, вывоза гражданских пиротехнических веществ и изделий с их применением лицами, имеющими лицензии на право деятельности в сфере оборота гражданских пиротехнических веществ и изделий с их применением, –

влечет штраф на физических лиц в размере пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере десяти, на субъектов среднего предпринимательства – в размере пятнадцати, на субъектов крупного предпринимательства – в размере сорока пяти месячных расчетных показателей, с конфискацией гражданских пиротехнических веществ и изделий с их применением.

2. Реализация гражданских пиротехнических изделий 4 класса опасности вне мест их хранения и (или) лицам, не имеющим лицензию на приобретение гражданских пиротехнических изделий 4 класса опасности, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере семидесяти месячных расчетных показателей, с конфискацией гражданских пиротехнических веществ и изделий с их применением.

3. Действия, предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере шестидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей, с конфискацией гражданских пиротехнических веществ и изделий с их применением.

Статья 484. Нарушение правил оборота гражданского и служебного оружия

1. Нарушение правил оборота гражданского и служебного оружия, если это деяние не содержит признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере десяти, на юридических лиц – в размере пятидесяти месячных расчетных показателей, с приостановлением действия лицензии и (или) разрешения либо без такового.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере двадцати, на юридических лиц – в размере восьмидесяти месячных расчетных показателей, с лишением лицензии и (или) разрешения либо без такового.

Примечание. Для целей настоящего Кодекса под оборотом оружия понимаются производство, сборка, ремонт, переделка, реализация (торговля), передача, дарение, награждение, наследование, приобретение, коллекционирование, экспонирование, учет, хранение, ношение, перевозка, использование, изъятие, уничтожение, ввоз на территорию Республики Казахстан, вывоз с территории Республики Казахстан и транзит по территории Республики Казахстан оружия, в том числе его основных (составных) частей и патронов к нему.

Сноска. Статья 484 - в редакции Закона РК от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 485. Неправомерное применение оружия

Сноска. Заголовок статьи 485 - в редакции Закона РК от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

1. Неправомерное применение оружия, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф в размере двадцати месячных расчетных показателей с приостановлением действия разрешения на хранение, хранение и ношение оружия.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере сорока месячных расчетных показателей с конфискацией оружия и лишением разрешения на хранение, хранение и ношение оружия.

Примечание. Конфискованное в соответствии с настоящей статьей и статьей 482 настоящего Кодекса оружие, непригодное к дальнейшему использованию, а также запрещенное к обороту в качестве гражданского и служебного оружия на территории Республики Казахстан, подлежит уничтожению в порядке, предусмотренном статьей 795 настоящего Кодекса.

Сноска. Статья 485 с изменениями, внесенными законами РК от 22.12.2016 № 28-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 485-1. Нарушение порядка открытия и функционирования стрелковых тиров (стрельбищ) и стендов

1. Нарушение порядка открытия и функционирования стрелковых тиров (стрельбищ) и стендов –

влечет штраф в размере двадцати месячных расчетных показателей с приостановлением действия разрешения на право открытия и функционирования стрелковых тиров (стрельбищ) и стендов.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере сорока месячных расчетных показателей.

Сноска. Кодекс дополнен статьей 485-1 в соответствии с Законом РК от 22.12.2016 № 28-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 486. Нарушение порядка регистрации (перерегистрации) гражданского, служебного, наградного, коллекционного оружия либо постановки его на учет

Сноска. Заголовок статьи 486 в редакции Закона РК от 22.12.2016 № 28-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Нарушение порядка регистрации (перерегистрации) гражданского, служебного, наградного, коллекционного оружия либо постановки его на учет, выразившееся в нарушении сроков:

1) регистрации и (или) получения физическим лицом разрешения на хранение, хранение и ношение оружия;

2) исключен Законом РК от 25.11.2019 № 272-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования);

3) уведомления владельцем оружия органа внутренних дел об утрате или хищении принадлежащего ему оружия;

4) обращения физического лица в органы внутренних дел для постановки оружия на учет при изменении места жительства;

5) регистрации в органах внутренних дел юридическим лицом служебного, гражданского, коллекционного оружия после его приобретения;

6) перерегистрации или сдачи на комиссионную реализацию гражданского оружия в случае смерти его владельца;

7) обращения юридического лица в органы внутренних дел для регистрации (перерегистрации) оружия при окончании срока действия разрешения на хранение, хранение и ношение оружия, а равно передаче его филиалам (представительствам) без согласования с органами внутренних дел, –

влечет штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере сорока месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере семидесяти месячных расчетных показателей.

Сноска. Статья 486 с изменениями, внесенными законами РК от 22.12.2016 № 28-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 25.11.2019 № 272-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 487. Уклонение от сдачи для реализации гражданского оружия, патронов к нему

Уклонение от сдачи для реализации гражданского оружия, патронов к нему физическими лицами, у которых аннулировано разрешение на их хранение и ношение, –

влечет штраф в размере пяти месячных расчетных показателей.

Статья 488. Нарушение законодательства Республики Казахстан о порядке организации и проведения мирных собраний

1. Воспрепятствование организации или проведению мирных собраний, если это действие не имеет признаков уголовно наказуемого деяния, –

влечет предупреждение или штраф в размере двадцати месячных расчетных показателей либо административный арест на срок до десяти суток.

2. Нарушение участником мирного собрания, проводимого в соответствии с законодательством Республики Казахстан о порядке организации и проведения мирных собраний, требований, установленных законодательством Республики Казахстан о порядке организации и проведения мирных собраний, если это действие не имеет признаков уголовно наказуемого деяния, –

влечет предупреждение или штраф в размере двадцати месячных расчетных показателей либо административный арест на срок до десяти суток.

3. Нарушение организатором мирного собрания, проводимого в соответствии с законодательством Республики Казахстан о порядке организации и проведения мирных собраний, требований, установленных законодательством Республики Казахстан о порядке организации и проведения мирных собраний, если это действие не имеет признаков уголовно наказуемого деяния, –

влечет предупреждение или штраф на физических лиц в размере тридцати месячных расчетных показателей либо административный арест на срок до десяти суток, на юридических лиц – в размере пятидесяти месячных расчетных показателей.

4. Действия, предусмотренные частями первой, второй и третьей настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере пятидесяти месячных расчетных показателей либо административный арест на срок до пятнадцати суток, на юридических лиц – в размере семидесяти месячных расчетных показателей.

5. Предоставление организаторам и (или) участникам собраний, митингов, демонстраций, шествий, пикетов либо иных публичных мероприятий, проводимых в нарушение порядка, установленного законодательством Республики Казахстан о порядке организации и проведения мирных собраний, помещений либо иного имущества (средств связи, множительной техники, оборудования, транспорта) или создание иных условий для их организации и проведения, если это действие не имеет признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере тридцати месячных расчетных показателей либо административный арест на срок до десяти суток, на юридических лиц – в размере семидесяти месячных расчетных показателей.

6. Участие в собраниях, митингах, демонстрациях, шествиях, пикетировании либо ином публичном мероприятии, проводимых в нарушение порядка, установленного законодательством Республики Казахстан о порядке организации и проведения мирных собраний, если это действие не имеет признаков уголовно наказуемого деяния, –

влечет предупреждение или штраф в размере тридцати месячных расчетных показателей либо административный арест на срок до пятнадцати суток.

7. Организация и (или) проведение собраний, митингов, демонстраций, шествий, пикетов либо иного публичного мероприятия, проводимых в нарушение порядка, установленного законодательством Республики Казахстан о порядке организации и проведения мирных собраний, если эти действия не имеют признаков уголовно наказуемого деяния, –

влекут штраф на физических лиц в размере пятидесяти месячных расчетных показателей либо административный арест на срок до пятнадцати суток, на юридических лиц – в размере ста месячных расчетных показателей.

8. Действие, предусмотренное частью шестой настоящей статьи, совершенное иностранцами, лицами без гражданства, –

влечет предупреждение или штраф в размере тридцати месячных расчетных показателей либо административный арест на срок до пятнадцати суток с административным выдворением за пределы Республики Казахстан.

9. Действия, предусмотренные частью седьмой настоящей статьи, совершенные иностранцами, лицами без гражданства, иностранными юридическими лицами, –

влекут штраф на физических лиц в размере пятидесяти месячных расчетных показателей либо административный арест на срок до пятнадцати суток с административным выдворением за пределы Республики Казахстан, на юридических лиц – в размере ста месячных расчетных показателей с приостановлением деятельности юридического лица или без такового.

10. Действие, предусмотренное частью пятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере сорока месячных расчетных показателей либо административный арест на срок до пятнадцати суток, на юридических лиц – в размере ста месячных расчетных показателей.

11. Действие, предусмотренное частью шестой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пятидесяти месячных расчетных показателей либо административный арест на срок до двадцати суток.

12. Действия, предусмотренные частью седьмой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере семидесяти месячных расчетных показателей либо административный арест на срок до двадцати пяти суток, на юридических лиц – в размере ста пятидесяти месячных расчетных показателей.

Сноска. Статья 488 в редакции Закона РК от 25.05.2020 № 334-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 488-1. Нарушение порядка организации проведения спортивных и спортивно-массовых, зрелищных культурно-массовых мероприятий

1. Нарушение порядка организации проведения спортивных и спортивно-массовых, зрелищных культурно-массовых мероприятий в виде непредоставления или несвоевременного предоставления местным исполнительным органам информации, предусмотренной законодательством о культуре и о физической культуре и спорте, –

влечет штраф на физических лиц в размере двадцати месячных расчетных показателей, на юридических лиц – в размере пятидесяти месячных расчетных показателей.

2. Действия (бездействие), предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после применения мер административного взыскания, –

влекут штраф на физических лиц в размере сорока месячных расчетных показателей, на юридических лиц – в размере ста месячных расчетных показателей.

Сноска. Глава 27 дополнена статьей 488-1 в соответствии с Законом РК от 22.01.2016 № 446-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 489. Нарушение законодательства Республики Казахстан об общественных объединениях, а также руководство, участие в деятельности незарегистрированных в установленном законодательством Республики Казахстан порядке общественных, религиозных объединений, финансирование их деятельности

1. Совершение руководителями, членами общественного объединения либо общественным объединением действий, выходящих за пределы целей и задач, определенных уставами этих общественных объединений, –

влечет предупреждение или штраф на юридических лиц в размере ста месячных расчетных показателей.

2. Совершение руководителями, членами общественного объединения либо общественным объединением действий, нарушающих законодательство Республики Казахстан, –

влечет предупреждение или штраф на юридических лиц в размере ста месячных расчетных показателей с приостановлением деятельности общественного объединения на срок от трех до шести месяцев.

3. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на юридических лиц в размере ста пятидесяти месячных расчетных показателей с приостановлением деятельности общественного объединения на срок от трех до шести месяцев.

4. Действие, предусмотренное частью второй настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влекут штраф на юридических лиц в размере двухсот месячных расчетных показателей с запрещением деятельности общественного объединения.

5. Финансирование политических партий иностранными юридическими лицами и международными организациями, юридическими лицами с иностранным участием, государственными органами и организациями, благотворительными организациями –

влечет штраф на должностных лиц в размере четырехсот, на юридических лиц – в размере двух тысяч месячных расчетных показателей, с конфискацией незаконных пожертвований.

6. Принятие политической партией незаконных пожертвований –

влечет штраф в размере четырехсот месячных расчетных показателей с конфискацией незаконных пожертвований и запрещением деятельности политической партии.

7. Неопубликование годовой отчетности о финансовой деятельности политической партии в сроки и объеме, установленные законодательством Республики Казахстан, –

влечет штраф в размере двухсот месячных расчетных показателей с приостановлением деятельности политической партии на срок до шести месяцев.

8. Осуществление деятельности политической партии, ее структурных подразделений (филиалов и представительств) без перерегистрации в случаях, предусмотренных законодательством Республики Казахстан, –

влечет штраф в размере двухсот месячных расчетных показателей с запрещением деятельности политической партии.

9. Руководство деятельностью не зарегистрированных в установленном законодательством Республики Казахстан порядке общественных, религиозных объединений, а равно деятельность которых приостановлена или запрещена, –

влечет штраф в размере ста месячных расчетных показателей.

10. Участие в деятельности не зарегистрированных в установленном законодательством Республики Казахстан порядке общественных, религиозных объединений, а равно деятельность которых приостановлена или запрещена, -

влечет штраф в размере пятидесяти месячных расчетных показателей.

11. Финансирование деятельности незарегистрированных в установленном законодательством Республики Казахстан порядке общественных, религиозных объединений, а равно деятельность которых приостановлена или запрещена, –

влечет штраф в размере двухсот месячных расчетных показателей.

Сноска. Статья 489 с изменением, внесенным Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 489-1. Нарушение законодательства Республики Казахстан о некоммерческих организациях

1. Непредставление, несвоевременное представление, а равно представление в уполномоченный орган в сфере взаимодействия с неправительственными организациями недостоверных или заведомо ложных сведений о своей деятельности, в том числе о своих учредителях (участниках), составе имущества, источниках формирования и направлениях расходования денег, некоммерческими организациями, созданными в форме частного учреждения, общественного, корпоративного и частного фондов, объединения юридических лиц в форме ассоциации (союза), общественного объединения, некоммерческого акционерного общества (за исключением политических партий, религиозных объединений и профессиональных союзов, некоммерческих акционерных обществ, учредителем или акционером которых является государство, дочерних, зависимых и иных юридических лиц, являющихся аффилированными с ними в соответствии с законодательными актами Республики Казахстан), а также филиалами и представительствами (обособленными подразделениями) иностранных и международных некоммерческих организаций, осуществляющими деятельность на территории Республики Казахстан, –

влекут предупреждение.

2. Действия (бездействие), предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере двадцати пяти месячных расчетных показателей либо приостановление деятельности сроком на три месяца.

Сноска. Глава 27 дополнена статьей 489-1 в соответствии с Законом РК от 02.12.2015 № 429-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 13.06.2018 № 160-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 490. Нарушение законодательства Республики Казахстан о религиозной деятельности и религиозных объединениях

1. Нарушение установленных законодательством Республики Казахстан требований к:

1) проведению религиозных обрядов, церемоний и (или) собраний;

2) осуществлению благотворительной деятельности;

3) ввозу, изготовлению, выпуску, изданию и (или) распространению религиозной литературы и иных материалов религиозного содержания, предметов религиозного назначения;

4) строительству культовых зданий (сооружений), перепрофилированию (изменению функционального назначения) зданий (сооружений) в культовые здания (сооружения), –

влечет штраф на физических лиц в размере пятидесяти, на юридических лиц – в размере двухсот месячных расчетных показателей с приостановлением деятельности сроком на три месяца.

2. Воспрепятствование законной религиозной деятельности, а равно нарушение гражданских прав физических лиц по мотивам отношения к религии или оскорбление их религиозных чувств либо осквернение почитаемых последователями той или иной религии предметов, строений и мест, если все вышеизложенные действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф на физических лиц в размере пятидесяти, на должностных лиц – в размере ста, на юридических лиц – в размере двухсот месячных расчетных показателей.

Примечание ИЗПИ!
Конституционным Судом РК начато производство по проверке конституционности части третьей статьи 490.

3. Осуществление миссионерской деятельности без регистрации (перерегистрации), а равно использование миссионерами религиозной литературы, информационных материалов религиозного содержания и предметов религиозного назначения без положительного заключения религиоведческой экспертизы, распространение вероучения незарегистрированных в Республике Казахстан религиозных объединений –

влекут штраф на граждан Республики Казахстан в размере ста месячных расчетных показателей, на иностранцев и лиц без гражданства – в размере ста месячных расчетных показателей с административным выдворением за пределы Республики Казахстан.

4. Осуществление религиозным объединением деятельности, не предусмотренной его уставом, –

влечет штраф в размере трехсот месячных расчетных показателей с приостановлением деятельности сроком на три месяца.

5. Занятие религиозным объединением политической деятельностью, а равно участие в деятельности политических партий и (или) оказание им финансовой поддержки, вмешательство в деятельность государственных органов либо присвоение функций государственных органов или их должностных лиц членами религиозных объединений –

влекут штраф в размере трехсот месячных расчетных показателей с приостановлением деятельности сроком на три месяца.

6. Создание организационных структур религиозных объединений в государственных органах, организациях, учреждениях, в том числе организациях здравоохранения и образования, –

влечет штраф на должностных лиц в размере ста, на юридических лиц – в размере двухсот месячных расчетных показателей.

7. Руководство религиозным объединением лицом, назначенным иностранным религиозным центром без согласования с уполномоченным органом, а равно непринятие руководителем религиозного объединения мер к недопущению вовлечения и (или) участия несовершеннолетних в деятельности религиозного объединения при возражении одного из родителей несовершеннолетнего или иных его законных представителей –

влекут штраф в размере пятидесяти месячных расчетных показателей с административным выдворением за пределы Республики.

8. Действия (бездействие), предусмотренные частями первой, второй, третьей, четвертой, пятой и седьмой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двухсот, на должностных лиц в размере трехсот, на юридических лиц – в размере пятисот месячных расчетных показателей с запрещением их деятельности.

Сноска. Статья 490 с изменением, внесенным Законом РК от 22.12.2016 № 28-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 491. Нарушение правил записи актов гражданского состояния

Сокрытие обстоятельств, препятствующих вступлению в брак, или сообщение ложных сведений органам записи актов гражданского состояния –

влечет штраф в размере пяти месячных расчетных показателей.

Статья 492. Проживание в Республике Казахстан без регистрации либо без документов, удостоверяющих личность

1. Проживание граждан Республики Казахстан без удостоверения личности или по недействительному удостоверению личности либо без регистрации по месту жительства, по месту временного пребывания (проживания) сроком от десяти календарных дней до одного месяца –

влечет предупреждение.

2. Проживание граждан Республики Казахстан без удостоверения личности или по недействительному удостоверению личности либо без регистрации по месту жительства, по месту временного пребывания (проживания) сроком свыше одного месяца –

влечет штраф в размере семи месячных расчетных показателей.

3. Деяние, предусмотренное частями первой и второй настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере тринадцати месячных расчетных показателей.

4. Постоянное проживание в Республике Казахстан иностранца или лица без гражданства без регистрации по постоянному месту жительства либо без вида на жительство или без удостоверения лица без гражданства либо по недействительному виду на жительство, удостоверению лица без гражданства сроком свыше десяти календарных дней, а также несвоевременное извещение органов внутренних дел об утере паспорта, вида на жительства либо удостоверения лица без гражданства –

влекут штраф в размере десяти месячных расчетных показателей.

5. Деяния, предусмотренные частью четвертой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере двадцати месячных расчетных показателей.

Примечание. Требования части первой настоящей статьи о проживании граждан Республики Казахстан без регистрации по месту временного пребывания (проживания) не распространяются на временных жильцов, проживающих сроком до одного месяца по месту временного пребывания (проживания).

Сноска. Статья 492 в редакции Закона РК от 22.12.2016 № 28-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 493. Допущение собственником жилища или другими лицами, в ведении которых находятся жилища, здания и (или) помещения, регистрации физических лиц, которые фактически у них не проживают, либо непринятие мер по снятию с регистрации физических лиц, зарегистрированных и не проживающих в жилищах, зданиях и (или) помещениях, принадлежащих собственнику или находящихся в ведении других лиц, либо допущение проживания физических лиц без регистрации

1. Допущение собственником жилища или другими лицами, в ведении которых находятся жилища, здания и (или) помещения, регистрации физических лиц, которые фактически не проживают в жилищах, зданиях и (или) помещениях, принадлежащих собственнику или находящихся в ведении других лиц, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

3. Непринятие мер собственником жилища или другими лицами, в ведении которых находятся жилища, здания и (или) помещения, по снятию с регистрации физических лиц, зарегистрированных и не проживающих в жилищах, зданиях и (или) помещениях, принадлежащих собственнику или находящихся в ведении других лиц, –

влечет штраф на физических лиц в размере пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов крупного предпринимательства – в размере сорока пяти месячных расчетных показателей.

4. Деяние, предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере восьмидесяти месячных расчетных показателей.

5. Допущение наймодателем (арендодателем) проживания физических лиц без регистрации в жилищах, зданиях и (или) помещениях, принадлежащих собственнику или находящихся в ведении других лиц, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

6. Деяние, предусмотренное частью пятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Сноска. Статья 493 в редакции Закона РК от 22.12.2016 № 28-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 494. Незаконное изъятие паспортов, удостоверений личности или принятие их в залог

1. Незаконное изъятие у граждан паспортов, удостоверений личности или принятие их в залог –

влечет предупреждение или штраф в размере пяти месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере десяти месячных расчетных показателей.

Статья 495. Представление заведомо ложных сведений в государственные органы Республики Казахстан при получении документов, удостоверяющих личность, либо при подаче заявления для получения разрешения на постоянное проживание в Республике Казахстан или о приеме в гражданство Республики Казахстан либо восстановлении в гражданстве Республики Казахстан

1. Представление заведомо ложных сведений в государственные органы Республики Казахстан при получении документов, удостоверяющих личность, –

влечет штраф в размере двадцати месячных расчетных показателей.

2. Представление иностранцем или лицом без гражданства заведомо ложных сведений в государственные органы Республики Казахстан при подаче заявления для получения разрешения на постоянное проживание в Республике Казахстан или о приеме в гражданство Республики Казахстан либо восстановлении в гражданстве Республики Казахстан –

влечет административное выдворение за пределы Республики Казахстан.

Статья 496. Нарушение законодательства Республики Казахстан о гражданстве

1. Использование паспорта и (или) удостоверения личности гражданина Республики Казахстан лицом, утратившим гражданство Республики Казахстан, –

влечет штраф на физических лиц в размере ста месячных расчетных показателей.

2. Несообщение в установленные законодательством Республики Казахстан сроки факта приобретения иностранного гражданства –

влечет штраф в размере двухсот месячных расчетных показателей либо административное выдворение за пределы Республики Казахстан.

3. Деяния, предусмотренные частями первой и второй настоящей статьи, совершенные лицами, состоящими на государственной службе, а также лицами, осуществляющими функции представителя власти либо выполняющими организационно-распорядительные или административно-хозяйственные функции в государственных органах, –

влекут штраф в размере трехсот месячных расчетных показателей либо административное выдворение за пределы Республики Казахстан.

Сноска. Статья 496 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 22.12.2016 № 28-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 497. Нарушение порядка представления первичных статистических данных

1. Представление недостоверных первичных статистических данных в соответствующие органы государственной статистики –

влечет предупреждение.

2. Непредставление первичных статистических данных в соответствующие органы государственной статистики в установленный срок –

влечет штраф на физических лиц в размере десяти, на должностных лиц, на некоммерческие организации, субъектов малого предпринимательства – в размере четырнадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере ста двадцати месячных расчетных показателей.

3. Деяния, предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере четырнадцати, на должностных лиц, на некоммерческие организации, субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

Сноска. Статья 497 в редакции Закона РК от 03.12.2015 № 432-V (вводится в действие с 01.01.2016).

Статья 498. Отказ, непредставление, несвоевременное представление, сокрытие, приписки и другие искажения данных правовой статистики и специальных учетов

1. Отказ, непредставление в государственный орган, осуществляющий деятельность в области правовой статистики и специальных учетов, данных правовой статистики и специальных учетов, представление их с нарушением установленного срока, сокрытие, приписки, другие умышленные искажения данных правовой статистики и специальных учетов, а равно воспрепятствование в какой-либо форме получению правовой статистической информации и сведений специальных учетов –

влекут штраф на должностных лиц и частных судебных исполнителей в размере десяти месячных расчетных показателей.

2. Исключен Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).
Сноска. Статья 498 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 499. Нарушение порядка представления административных данных

1. Представление административным источником недостоверных административных данных уполномоченному органу в области государственной статистики –

влечет штраф на должностных лиц в размере двадцати месячных расчетных показателей.

2. Непредставление административным источником административных данных уполномоченному органу в области государственной статистики –

влечет штраф на должностных лиц в размере двадцати месячных расчетных показателей.

3. Деяния, предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на должностных лиц в размере тридцати месячных расчетных показателей.

Примечание. Под должностными лицами в настоящей статье следует понимать руководителей административного источника или лиц, исполняющих их обязанности, ответственных за представление административным источником административных данных, а также за их достоверность.

Сноска. Статья 499 в редакции Закона РК от 29.10.2015 № 376-V (вводится в действие с 01.01.2016).

Статья 500. Отказ от проведения государственных статистических наблюдений

Сноска. Статья 500 исключена Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 501. Утрата, продажа, передача или иное незаконное разглашение первичных статистических данных, статистической информации и (или) баз данных должностным лицом

Утрата, продажа, передача или иное незаконное разглашение первичных статистических данных, статистической информации и (или) баз данных, позволяющих идентифицировать респондента, должностным лицом органов государственной статистики, подведомственной организации ведомства уполномоченного органа в области государственной статистики, за исключением случаев, предусмотренных статьей 8 Закона Республики Казахстан "О государственной статистике", если эти действия не содержат признаков уголовно наказуемого деяния,–

влекут штраф в размере пятидесяти месячных расчетных показателей.

Сноска. Статья 501 в редакции Закона РК от 29.10.2015 № 376-V (вводится в действие с 01.01.2016).

Статья 502. Сбор первичных статистических данных по неутвержденной статистической форме

Сноска. Статья 502 исключена Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 503. Сбор административных данных по несогласованной форме

Сбор административных данных по несогласованной форме –

влечет предупреждение или штраф на должностных лиц в размере двадцати месячных расчетных показателей.

Примечание. Под должностными лицами в настоящей статье следует понимать руководителей административного источника или лиц, исполняющих их обязанности, поручивших осуществить сбор административных данных по несогласованной форме.

Сноска. Статья 503 в редакции Закона РК от 29.10.2015 № 376-V (вводится в действие с 01.01.2016).

Статья 504. Нарушение установленных требований в сфере защиты государственных секретов, а также в работе со служебной информацией ограниченного распространения

1. Нарушение установленного порядка доступа или допуска к государственным секретам –

влечет штраф в размере двадцати месячных расчетных показателей.

2. Нарушение установленных требований по обеспечению режима секретности лицами, допущенными к работе с государственными секретами или их носителями, если эти действия не содержат признаков уголовно наказуемого деяния, –

влечет штраф в размере двадцати месячных расчетных показателей.

3. Необоснованное засекречивание сведений и их носителей, не подлежащих засекречиванию, использование грифов секретности и иных ограничительных грифов для засекречивания сведений, не отнесенных к государственным секретам, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф в размере двадцати месячных расчетных показателей.

4. Действия, указанные в части третьей настоящей статьи, совершенные в целях сокрытия нарушения законности, –

влечет штраф в размере пятидесяти месячных расчетных показателей.

5. Необоснованное рассекречивание сведений и их носителей, составляющих государственные секреты, нарушение сроков рассекречивания носителей, установленных при их засекречивании, за исключением случаев, предусмотренных законодательством о государственных секретах, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф в размере двадцати месячных расчетных показателей.

6. Нарушение установленных требований по работе со служебной информацией ограниченного распространения лицами, допущенными к ней в связи с профессиональной или служебной деятельностью, повлекшее разглашение или утрату этих сведений, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

Статья 505. Нарушение правил благоустройства территорий городов и населенных пунктов, а также разрушение объектов инфраструктуры, уничтожение и повреждение зеленых насаждений города и населенных пунктов

1. Нарушение правил благоустройства территорий городов и населенных пунктов, а также разрушение объектов инфраструктуры, уничтожение и повреждение зеленых насаждений городов и населенных пунктов, за исключением случаев, предусмотренных статьей 381-1 настоящего Кодекса, –

влекут предупреждение или штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере тридцати, на субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей.

Сноска. Статья 505 С изменением, внесенным Законом РК от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 506. Незаконное проникновение на охраняемые объекты

Незаконное проникновение на объект, охраняемый в соответствии с законодательством Республики Казахстан правоохранительными или специальными государственными органами, органами и подразделениями Министерства обороны Республики Казахстан, Вооруженными Силами, другими войсками и воинскими формированиями Республики Казахстан, а также на опасный производственный объект, охраняемый частной охранной организацией, если это деяние не содержит признаков уголовно наказуемого деяния, –

влечет штраф в размере пятнадцати месячных расчетных показателей либо административный арест на срок до пятнадцати суток.

Сноска. Статья 506 с изменением, внесенным законами РК от 21.01.2019 № 217-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.07.2021 № 63-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 507. Воспрепятствование деятельности участников национального превентивного механизма

Воспрепятствование законной деятельности участников национального превентивного механизма должностным лицом с использованием служебного положения, а равно вмешательство в эту деятельность, совершенное должностным лицом с использованием своего служебного положения, повлекшее существенное нарушение их прав и законных интересов, –

влекут штраф в размере сорока месячных расчетных показателей.

Статья 508. Разглашение участниками национального превентивного механизма сведений о частной жизни лица, ставших известными им в ходе превентивных посещений

Разглашение участниками национального превентивного механизма сведений о частной жизни лица, ставших известными им в ходе превентивных посещений, без согласия данного лица, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф в размере двадцати месячных расчетных показателей.

Статья 509. Уничтожение документов Национального архивного фонда

1. Уничтожение документов Национального архивного фонда, документов по личному составу без согласования с уполномоченным органом либо местным исполнительным органом области, города республиканского значения, столицы –

влечет штраф на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере сорока месячных расчетных показателей.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере восьмидесяти месячных расчетных показателей.

Глава 28. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ
НА УСТАНОВЛЕННЫЙ ПОРЯДОК РЕЖИМА ГОСУДАРСТВЕННОЙ
ГРАНИЦЫ РЕСПУБЛИКИ КАЗАХСТАН И ПОРЯДОК ПРЕБЫВАНИЯ
НА ТЕРРИТОРИИ РЕСПУБЛИКИ КАЗАХСТАН

Статья 510. Нарушение пограничного режима в пограничной зоне и порядка пребывания в отдельных местностях

1. Нарушение пограничного режима в пограничной зоне при въезде (проходе), временном пребывании или передвижении в пограничной зоне:

1) гражданином Республики Казахстан без документов, удостоверяющих личность;

2) иностранцем или лицом без гражданства без документов, удостоверяющих личность, либо пропусков, выдаваемых органами внутренних дел;

3) иностранцем (жителем приграничных районов сопредельных государств), въехавшим в Республику Казахстан через пункты упрощенного пропуска без документов, удостоверяющих личность, либо уклоняющимся от выезда из Республики Казахстан в установленные сроки, а равно изменение маршрута при следовании иностранцем или лицом без гражданства через пограничную зону по путям международных железнодорожных и автомобильных сообщений к пункту пропуска с целью выезда из Республики Казахстан –

влечет штраф в размере пяти месячных расчетных показателей.

2. Ведение хозяйственной, промысловой и иной деятельности, проведение общественно-политических, культурных и иных мероприятий в пограничной зоне без уведомления Пограничной службы Комитета национальной безопасности Республики Казахстан –

влекут штраф на физических лиц в размере пяти, на субъектов малого предпринимательства – в размере двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере семидесяти пяти месячных расчетных показателей.

3. Въезд (проход), временное пребывание или передвижение иностранца или лица без гражданства на территории Республики Казахстан, временно закрытой для посещения иностранцами и лицами без гражданства, без разрешения Министерства иностранных дел Республики Казахстан и органов внутренних дел –

влечет штраф в размере десяти месячных расчетных показателей.

4. Деяния, предусмотренные частями, второй, третьей настоящей статьи, совершенные иностранцем или лицом без гражданства повторно в течение года после наложения административного взыскания, –

влекут штраф в размере пятнадцати месячных расчетных показателей или административное выдворение за пределы Республики Казахстан.

5. Деяния, предусмотренные частью первой настоящей статьи, совершенные гражданином Республики Казахстан повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере десяти месячных расчетных показателей.

Сноска. Статья 510 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 511. Нарушение запретов, установленных на территории запретной зоны при арсеналах, базах и складах Вооруженных Сил Республики Казахстан, других войск и воинских формирований Республики Казахстан и запретного района при арсеналах, базах и складах Вооруженных Сил Республики Казахстан, других войск и воинских формирований Республики Казахстан

Сноска. Заголовок статьи 511 в редакции Закона РК от 29.05.2020 № 337-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Нахождение физических лиц на территории запретной зоны при арсеналах, базах и складах Вооруженных Сил Республики Казахстан, других войск и воинских формирований Республики Казахстан –

влечет штраф в размере десяти месячных расчетных показателей.

2. Строительство и проведение каких–либо работ, за исключением работ, осуществляемых в целях обеспечения противодиверсионной и противопожарной безопасности на территории запретной зоны при арсеналах, базах и складах Вооруженных Сил Республики Казахстан, других войск и воинских формирований Республики Казахстан, –

влекут штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере шестидесяти месячных расчетных показателей.

3. Строительство зданий и сооружений, хозяйственная и иная деятельность, не связанные с непосредственной эксплуатацией арсеналов, баз и складов Вооруженных Сил Республики Казахстан, других войск и воинских формирований Республики Казахстан, стрельба из огнестрельного оружия, использование пиротехнических веществ и изделий, устройство стрелковых тиров (стрельбищ) и стендов, использование летательных аппаратов (в том числе беспилотных), а также применение средств, систем, устройств и аппаратуры для наблюдения, аудио- и видеозаписи, фотосъемки, передачи информации, за исключением случаев, предусмотренных законами Республики Казахстан, на территории запретного района при арсеналах, базах и складах Вооруженных Сил Республики Казахстан, других войск и воинских формирований Республики Казахстан –

влекут штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере шестидесяти месячных расчетных показателей.

Сноска. Статья 511 с изменениями, внесенными Законом РК от 29.05.2020 № 337-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 512. Нарушение режимов территориальных вод (моря)и внутренних вод Республики Казахстан

1. Нарушение режима в территориальных водах (море) и внутренних водах Республики Казахстан, казахстанской части вод пограничных рек, озер и иных водоемов, выразившееся в несоблюдении установленного порядка учета, содержания, выхода из пунктов базирования и возвращения в пункты базирования, пребывания на воде казахстанских маломерных самоходных и несамоходных (надводных и подводных) судов (средств) и судов (средств) передвижения по льду, –

влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере восьмидесяти месячных расчетных показателей.

2. Ведение в территориальных водах (море) и внутренних водах Республики Казахстан, казахстанской части вод пограничных рек, озер и иных водоемов промысловой, исследовательской, изыскательской или иной деятельности без разрешения уполномоченного государственного органа с нарушением установленного законодательством Республики Казахстан порядка –

влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере восьмидесяти месячных расчетных показателей, с конфискацией транспортных средств и иных предметов, являющихся непосредственными предметами совершения административного правонарушения.

Статья 513. Нарушение режима в пунктах пропуска через Государственную границу Республики Казахстан

1. Нарушение гражданином Республики Казахстан режима в пунктах пропуска через Государственную границу Республики Казахстан, выразившееся в несоблюдении установленного порядка въезда в пункты пропуска, пребывания, передвижения и выезда из них лиц, транспортных средств, ввоза, нахождения, перемещения, вывоза грузов и товаров, осуществления хозяйственной и иной деятельности, –

влечет штраф в размере пяти месячных расчетных показателей.

2. Те же действия, совершенные иностранцем или лицом без гражданства, –

влекут штраф в размере десяти месячных расчетных показателей либо административное выдворение за пределы Республики Казахстан.

Сноска. Статья 513 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 514. Нарушение режима Государственной границы Республики Казахстан

1. Нарушение режима Государственной границы Республики Казахстан, выразившееся в несоблюдении установленного порядка:

1) содержания Государственной границы Республики Казахстан (за исключением участка Государственной границы Республики Казахстан на Каспийском море);

2) пересечения Государственной границы Республики Казахстан, если это действие не содержит признаков уголовно наказуемого деяния;

3) пропуска лиц, транспортных средств, грузов и товаров через Государственную границу Республики Казахстан;

4) въезда, временного пребывания, проживания, передвижения в пограничной полосе и осуществления полетов над пограничной полосой;

5) ведения хозяйственной, промысловой или иной деятельности, проведения общественно–политических, культурных или иных мероприятий на Государственной границе и в пограничной полосе, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные иностранцем или лицом без гражданства, –

влекут штраф в размере двадцати месячных расчетных показателей с конфискацией транспортных средств и иных предметов, являющихся непосредственными предметами совершения административного правонарушения, или административный арест на срок до десяти суток либо административное выдворение за пределы Республики Казахстан.

Сноска. Статья 514 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 515. Незаконный провоз через Государственную границу Республики Казахстан

1. Непринятие транспортной или иной организацией, осуществляющей международную перевозку, мер по предотвращению незаконного проникновения лиц на транспортное средство и использования его для незаконного пересечения Государственной границы Республики Казахстан, повлекшее незаконное пересечение или попытку незаконного пересечения Государственной границы Республики Казахстан одним или несколькими нарушителями, –

влечет штраф в размере пятисот месячных расчетных показателей.

2. Непринятие работником транспортной или иной организации, осуществляющей международную перевозку, входящих в его служебные обязанности мер по предотвращению незаконного проникновения лиц на транспортное средство и использования его для незаконного пересечения Государственной границы Республики Казахстан, повлекшее незаконное пересечение Государственной границы Республики Казахстан, если указанное деяние не являлось пособничеством в преступлении или попыткой незаконного пересечения Государственной границы Республики Казахстан одним или несколькими нарушителями, –

влечет штраф в размере двадцати пяти месячных расчетных показателей.

3. Непринятие лицом, пересекающим по частным делам Государственную границу Республики Казахстан, мер по предотвращению использования управляемого им транспортного средства другим лицом для незаконного пересечения Государственной границы Республики Казахстан, повлекшее незаконное пересечение или попытку незаконного пересечения Государственной границы Республики Казахстан одним или несколькими нарушителями, –

влечет штраф в размере десяти месячных расчетных показателей.

Статья 516. Неповиновение законному распоряжению или требованию военнослужащего в связи с исполнением им обязанностей по охране Государственной границы Республики Казахстан

1. Неповиновение законному распоряжению или требованию военнослужащего при исполнении им обязанностей по охране Государственной границы Республики Казахстан –

влечет штраф в размере десяти месячных расчетных показателей либо административный арест на срок до пяти суток.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные иностранцем либо лицом без гражданства, –

влекут административный арест сроком до пяти суток с административным выдворением за пределы Республики Казахстан.

Статья 517. Нарушение иностранцем или лицом без гражданства законодательства Республики Казахстан в области миграции населения

1. Исключен Законом РК от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2).

2. Нарушение иностранцем или лицом без гражданства законодательства Республики Казахстан в области миграции населения, выразившееся в несоблюдении правил транзитного проезда через территорию Республики Казахстан, –

влечет штраф в размере пятнадцати месячных расчетных показателей либо административное выдворение за пределы Республики Казахстан.

3. Нарушение иностранцем или лицом без гражданства законодательства Республики Казахстан в области миграции населения, выразившееся в невыезде из Республики Казахстан после истечения срока, установленного законодательством Республики Казахстан:

1) в течение трех суток, –

влечет предупреждение;

2) свыше трех до истечения пяти суток, –

влечет штраф в размере десяти месячных расчетных показателей;

3) свыше пяти до истечения десяти суток, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

4. Нарушение иностранцем или лицом без гражданства законодательства Республики Казахстан в области миграции населения, выразившееся в уклонении от выезда в течение периода, превышающего десять суток после истечения установленного законодательством срока, –

влечет штраф в размере двадцати пяти месячных расчетных показателей либо административное выдворение за пределы Республики Казахстан.

5. Нарушение иностранцем или лицом без гражданства законодательства Республики Казахстан в области миграции населения, выразившееся в несоответствии осуществляемой деятельности целям, указанным в визе, или осуществление трудовой деятельности в Республике Казахстан без получения справки о соответствии квалификации для самостоятельного трудоустройства, выданной местным исполнительным органом, либо разрешений на трудоустройство, когда получение такой справки или разрешения является необходимым условием осуществления трудовой деятельности, –

влечет штраф в размере двадцати пяти месячных расчетных показателей либо административный арест на срок до десяти суток либо административное выдворение за пределы Республики Казахстан.

6. Действия, предусмотренные частью третьей настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере пятнадцати месячных расчетных показателей либо административное выдворение за пределы Республики Казахстан.

7. Деяния, предусмотренные частью второй, четвертой и пятой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут административный арест до пятнадцати суток с административным выдворением за пределы Республики Казахстан.

Сноска. Статья 517 с изменениями, внесенными законами РК от 24.11.2015 № 421-V (вводится в действие с 01.01.2017); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2); от 13.05.2020 № 327-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 518. Нарушение законодательства Республики Казахстан в области миграции населения физическими или юридическими лицами, принимающими иностранцев и лиц без гражданства

1. Непринятие принимающим лицом мер по оформлению документов на право пребывания иностранцев и лиц без гражданства в Республике Казахстан, либо их выезду из Республики Казахстан по истечении определенного срока пребывания, либо несвоевременное информирование органов внутренних дел о пребывающих у них иммигрантах –

влечет предупреждение на физических лиц, штраф на должностных лиц, субъектов малого предпринимательства или некоммерческие организации в размере десяти, на субъектов среднего предпринимательства – в размере пятнадцати, на субъектов крупного предпринимательства – в размере двадцати месячных расчетных показателей.

2. Предоставление жилища иностранцу или лицу без гражданства, пребывающему в Республике Казахстан с нарушением законодательства Республики Казахстан в области миграции населения либо уклонение от выезда из Республики Казахстан в установленные сроки –

влекут штраф на физических лиц в размере двадцати пяти, на должностное лицо, на субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере пятидесяти пяти, на субъектов крупного предпринимательства – в размере семидесяти пяти месячных расчетных показателей.

3. Действия, предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере тридцати, на должностное лицо, на субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

4. Исключен Законом РК от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2).
5. Исключен Законом РК от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2).
Сноска. Статья 518 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 22.12.2016 № 28-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2).

Статья 519. Привлечение иностранной рабочей силы и трудовых иммигрантов с нарушением законодательства Республики Казахстан

Сноска. Заголовок статьи 519 в редакции Закона РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).

1. Привлечение работодателем иностранной рабочей силы без разрешения местного исполнительного органа или использование труда иностранцев и (или) лиц без гражданства, не имеющих справок о соответствии квалификации для самостоятельного трудоустройства, выдаваемых местным исполнительным органом, или разрешений трудовому иммигранту, выдаваемых органами внутренних дел, –

влекут штраф на физических лиц в размере тридцати, на должностных лиц – в размере пятидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере семисот месячных расчетных показателей.

2. Привлечение работодателем иностранного работника на должность (профессию или специальность), не соответствующую должности (профессии или специальности), указанной в разрешении местного исполнительного органа на привлечение иностранной рабочей силы, –

влечет штраф на физических лиц в размере тридцати, на должностных лиц – в размере пятидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере семисот месячных расчетных показателей.

3. Действия, предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере пятидесяти, на должностных лиц – в размере ста, на субъектов малого предпринимательства или некоммерческие организации – в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

4. Исключен Законом РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).

5. Привлечение работодателем – физическим лицом к выполнению работ (оказанию услуг) в домашнем хозяйстве трудовых иммигрантов без соответствующего разрешения, выдаваемого органами внутренних дел, или заключение трудовых договоров по выполнению работ (оказанию услуг) в домашнем хозяйстве одним работодателем – физическим лицом одновременно более чем с пятью трудовыми иммигрантами -

влечет штраф в размере тридцати месячных расчетных показателей.

6. Действия, предусмотренные частью пятой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере пятидесяти месячных расчетных показателей.

Сноска. Статья 519 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 24.11.2015 № 421-V (вводится в действие с 01.01.2017); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 13.05.2020 № 327-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 520. Незаконная деятельность по трудоустройству граждан Республики Казахстан за границей

Сноска. Статья 520 исключена Законом РК от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Глава 29. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В СФЕРЕ
ТАМОЖЕННОГО ДЕЛА

Статья 521. Нарушение режима зоны таможенного контроля

Перемещение товаров, транспортных средств и лиц, включая должностных лиц государственных органов (кроме таможенных), через границы зоны таможенного контроля, а также осуществление в этой зоне производственной и иной предпринимательской деятельности без разрешения органа государственных доходов –

влекут штраф на физических лиц, должностных лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере двадцати пяти месячных расчетных показателей.

Сноска. Статья 521 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 522. Нарушение порядка осуществления деятельности в сфере таможенного дела

Несоблюдение таможенным представителем, владельцами склада хранения собственных товаров, склада временного хранения, свободного или таможенного склада, магазина беспошлинной торговли условий и обязанностей осуществления такой деятельности в соответствии с Кодексом Республики Казахстан "О таможенном регулировании в Республике Казахстан" либо несоответствие помещений или территорий, предназначенных для учреждения места или склада временного хранения, таможенного или свободного склада, магазина беспошлинной торговли, требованиям, установленным таможенным законодательством Евразийского экономического союза и (или) Республики Казахстан, –

влечет штраф в размере ста месячных расчетных показателей.

Сноска. Статья 522 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 523. Нарушение порядка осуществления деятельности таможенным перевозчиком

Несоблюдение таможенным перевозчиком условий и обязанностей, предусмотренных таможенным законодательством Евразийского экономического союза и (или) Республики Казахстан для осуществления такой деятельности, в том числе отсутствие либо неисправность технического оборудования на транспортном средстве, позволяющего органу государственных доходов определить место нахождения данного транспортного средства, –

влечет штраф в размере ста месячных расчетных показателей.

Сноска. Статья 523 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 524. Неуведомление органа государственных доходов о прибытии товаров

Неуведомление органа государственных доходов при ввозе товаров на таможенную территорию Евразийского экономического союза о прибытии путем непредставления документов в соответствии с таможенным законодательством Евразийского экономического союза и (или) Республики Казахстан –

влечет штраф на физических лиц в размере пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере десяти, на субъектов среднего предпринимательства – в размере пятнадцати, на субъектов крупного предпринимательства – в размере двадцати пяти месячных расчетных показателей.

Сноска. Статья 524 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 525. Нарушение порядка убытия товаров

1. Нарушение порядка убытия товаров с таможенной территории Евразийского экономического союза без разрешения органа государственных доходов Республики Казахстан либо непредставление документов для убытия в соответствии с таможенным законодательством Евразийского экономического союза и (или) Республики Казахстан –

влечет предупреждение.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере десяти, на субъектов среднего предпринимательства – в размере пятнадцати, на субъектов крупного предпринимательства – в размере двадцати пяти месячных расчетных показателей.

Сноска. Статья 525 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 526. Непринятие мер в случае аварии, действия непреодолимой силы или иных обстоятельств

Непринятие в случае аварии, действия непреодолимой силы или иных обстоятельств мер для обеспечения сохранности товаров, несообщение в ближайший орган государственных доходов об этих обстоятельствах и месте нахождения таких товаров либо необеспечение их перевозки (транспортировки) в ближайший орган государственных доходов или иное место, указанное органом государственных доходов, –

влекут штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере двадцати пяти месячных расчетных показателей.

Сноска. Статья 526 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 527. Непредоставление товаров и транспортных средств в месте доставки

Непредоставление в месте доставки товаров и транспортных средств и невручение документов на них органу государственных доходов Республики Казахстан –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере двадцати пяти месячных расчетных показателей.

Статья 528. Выдача без разрешения органа государственных доходов Республики Казахстан, утрата или недоставление в орган государственных доходов Республики Казахстан товаров, транспортных средств и документов на них

1. Выдача без разрешения органов государственных доходов Республики Казахстан товаров и транспортных средств, находящихся под таможенным контролем, –

влечет штраф в размере сорока месячных расчетных показателей.

1-1. Утрата или недоставление в определенное органами государственных доходов или таможенным органом государства-члена Евразийского экономического союза место доставки товаров и транспортных средств, находящихся под таможенным контролем, –

влечет штраф в размере тридцати месячных расчетных показателей с конфискацией товаров и транспортных средств, являющихся непосредственными предметами совершения административного правонарушения.

2. Недоставление принятых для вручения органу государственных доходов таможенных или иных документов на товары и транспортные средства, находящиеся под таможенным контролем, –

влекут штраф в размере пятнадцати месячных расчетных показателей.

3. Несоблюдение установленного органом государственных доходов или таможенным органом государства-члена Евразийского экономического союза срока доставки товаров, транспортных средств и документов на них –

влечет штраф в размере пятнадцати месячных расчетных показателей.

Сноска. Статья 528 с изменениями, внесенными законами РК от 03.12.2015 № 432-V (вводится в действие с 01.01.2016); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 529. Неостановка транспортного средства

Неостановка транспортного средства, следующего через таможенную границу Евразийского экономического союза, а также транспортного средства, перемещаемого через таможенную границу Евразийского экономического союза в качестве товара, в местах перемещения товаров через таможенную границу Евразийского экономического союза, за исключением случаев, когда такая неостановка вызвана технической неисправностью транспортного средства или действиями непреодолимой силы, –

влечет штраф в размере десяти месячных расчетных показателей.

Сноска. Статья 529 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 530. Отправление транспортного средства без разрешения органа государственных доходов Республики Казахстан

Отправление находящегося под таможенным контролем транспортного средства либо транспортного средства, перемещаемого через таможенную границу Евразийского экономического союза в качестве товара, из места его стоянки без разрешения органа государственных доходов Республики Казахстан –

влечет штраф в размере десяти месячных расчетных показателей.

Сноска. Статья 530 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 531. Нарушение порядка совершения таможенных операций, связанных с помещением товаров под таможенную процедуру, и таможенной очистки товаров

Нарушение порядка совершения таможенных операций, связанных с помещением товаров под таможенную процедуру, и таможенной очистки товаров, то есть несоблюдение установленных таможенным законодательством Евразийского экономического союза и (или) Республики Казахстан требований по помещению товаров под таможенную процедуру, месту и времени совершения таможенных операций, а также условий применения первоочередного порядка помещения отдельных категорий товаров под таможенную процедуру, за исключением случаев, предусмотренных другими статьями настоящей главы, –

влечет штраф в размере двадцати пяти месячных расчетных показателей.

Сноска. Статья 531 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 532. Неправомерные операции, изменение состояния, пользование и (или) распоряжение товарами, в отношении которых таможенная очистка не завершена

1. Проведение операций, изменение состояния, пользование и (или) распоряжение товарами, в отношении которых таможенная очистка не завершена, в нарушение требований и условий, установленных таможенным законодательством Евразийского экономического союза и (или) Республики Казахстан, за исключением случаев, предусмотренных другими статьями настоящей главы, –

влекут штраф в размере двадцати пяти месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере сорока месячных расчетных показателей с конфискацией товаров, являющихся непосредственными предметами совершения административного правонарушения, или без таковой.

Сноска. Статья 532 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 533. Проведение грузовых и иных операций с товарами, находящимися под таможенным контролем, без разрешения органа государственных доходов

Транспортировка, погрузка, выгрузка, перегрузка, исправление повреждений упаковки, упаковка, переупаковка или принятие для перевозки товаров и транспортных средств, находящихся под таможенным контролем, взятие проб и образцов таких товаров, вскрытие помещений, емкостей и других мест, где могут находиться указанные товары и транспортные средства, либо замена транспортного средства международной перевозки, перевозящего товары, находящиеся под таможенным контролем без разрешения органа государственных доходов либо уведомления, –

влекут штраф в размере двадцати пяти месячных расчетных показателей.

Статья 534. Уничтожение, удаление, изменение либо замена средств идентификации

1. Уничтожение, удаление, изменение либо замена средств идентификации, используемых органами государственных доходов, в том числе иностранных государств, без разрешения органа государственных доходов, или повреждение либо утрата таких средств идентификации –

влекут штраф в размере двадцати месячных расчетных показателей.

2. Деяния, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания,

– влекут штраф в размере сорока месячных расчетных показателей.

Статья 535. Нарушение порядка таможенного декларирования товаров

1. Нарушение декларантом и (или) таможенным представителем порядка таможенного декларирования товаров, то есть несоблюдение установленных таможенным законодательством Евразийского экономического союза и (или) Республики Казахстан требований по порядку заполнения таможенной декларации и таможенного декларирования, включая предварительное, неполное, периодическое и временное таможенное декларирование товаров, по месту таможенного декларирования товаров, за исключением случаев, предусмотренных другими статьями настоящей главы, –

влечет предупреждение.

2. Деяние, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере двадцати пяти месячных расчетных показателей.

Сноска. Статья 535 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 536. Нарушение порядка осуществления деятельности в сфере таможенного дела таможенным представителем

1. Осуществление таможенным представителем деятельности в сфере таможенного дела в интересах третьего лица без заключения гражданско-правового договора с третьим лицом либо по истечении срока действия договора или после его расторжения –

влечет штраф в размере тридцати месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное таможенным представителем повторно в течение года, –

влечет штраф в размере пятидесяти месячных расчетных показателей.

Статья 537. Нарушение порядка осуществления деятельности в сфере таможенного дела уполномоченным экономическим оператором

Несоблюдение уполномоченным экономическим оператором требований, предусмотренных таможенным законодательством Евразийского экономического союза и (или) Республики Казахстан для осуществления такой деятельности, –

влечет штраф в размере ста месячных расчетных показателей.

Сноска. Статья 537 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 538. Нарушение сроков подачи таможенной декларации, документов и сведений

1. Непредставление органу государственных доходов в установленные сроки таможенной декларации, документов и сведений при таможенном декларировании товаров, за исключением случаев, предусмотренных другими статьями настоящей главы, –

влечет штраф в размере двадцати месячных расчетных показателей.

2. Непредставление органу государственных доходов в сроки, установленные таможенным законодательством Евразийского экономического союза и (или) Республики Казахстан, заявления о совершении операций в отношении временно вывезенных транспортных средств международной перевозки, являющихся товарами, помещенными под таможенную процедуру временного ввоза (допуска), –

влечет штраф в размере пятнадцати месячных расчетных показателей.

Сноска. Статья 538 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 539. Непредставление органу государственных доходов Республики Казахстан отчетности либо представление недостоверной отчетности и несоблюдение порядка ведения учета

Непредставление органу государственных доходов Республики Казахстан таможенным перевозчиком, таможенным представителем, владельцами склада хранения собственных товаров, склада временного хранения, таможенного или свободного склада, магазина беспошлинной торговли, уполномоченными экономическими операторами, декларантами в порядке и сроки, которые определены таможенным законодательством Евразийского экономического союза и (или) Республики Казахстан, отчетности о ввозимых, вывозимых, декларируемых, поступающих, хранящихся, перерабатываемых, изготовляемых, приобретаемых и реализуемых товарах, находящихся под таможенным контролем либо на территории свободных таможенных зон, либо представление недостоверной отчетности, а равно несоблюдение порядка ведения учета таких товаров –

влекут штраф в размере двадцати пяти месячных расчетных показателей.

Сноска. Статья 539 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 540. Нарушение порядка помещения товаров на хранение, порядка их хранения и проведения операций с ними

Нарушение порядка помещения товаров на хранение и порядка их хранения, установленных таможенным законодательством Евразийского экономического союза и (или) Республики Казахстан, сроков хранения на таможенном складе, порядка перемещения товаров с одного склада на другой, а равно проведение операций с товарами на таможенных складах, складах временного хранения и свободных складах –

влекут штраф в размере двадцати пяти месячных расчетных показателей.

Сноска. Статья 540 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 541. Нарушение сроков временного хранения товаров

Сноска. Статья 541 исключена Законом РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 542. Нарушение порядка переработки товаров и замена продуктов переработки

1. Нарушение порядка переработки товаров, то есть несоблюдение установленных таможенным законодательством Республики Казахстан условий, содержащихся в документе об условиях переработки товаров, если такой документ обязателен в соответствии с условиями таможенной процедуры, порядка и сроков переработки товаров, количества выхода продуктов переработки, проведения операций по переработке таких товаров –

влечет штраф в размере пятидесяти месячных расчетных показателей.

2. Нарушение установленного порядка замены продуктов переработки отечественных товаров другими товарами –

влечет штраф в размере двадцати месячных расчетных показателей.

Сноска. Статья 542 с изменениями, внесенными законами РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 543. Незавершение в установленные сроки таможенной процедуры

1. Незавершение в установленные сроки таможенной процедуры, в отношении которой установлено требование о ее завершении –

влечет штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

1-1. Невывоз с таможенной территории Евразийского экономического союза временно ввезенных транспортных средств международной перевозки –

влечет штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей, с конфискацией транспортных средств, являющихся непосредственными предметами совершения административного правонарушения, или без таковой.

2. Невывоз с таможенной территории Евразийского экономического союза временно ввезенных товаров и (или) транспортных средств для личного пользования в установленные сроки временного ввоза –

влечет штраф в размере пятнадцати месячных расчетных показателей.

3. Представление органу государственных доходов Республики Казахстан недействительных документов, документов, полученных незаконным путем, либо документов, относящихся к другим товарам и (или) транспортным средствам, в качестве подтверждения обратного вывоза или ввоза либо невозможности этого по причинам уничтожения или утраты товаров и (или) транспортных средств вследствие аварии или действия непреодолимой силы, естественного износа или убыли либо выбытия их из владения в связи с неправомерными действиями органов и должностных лиц иностранного государства –

влечет штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей, с конфискацией товаров и (или) транспортных средств, являющихся непосредственными предметами совершения административного правонарушения, или без таковой.

4. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере тридцати, на субъектов малого предпринимательства – в размере сорока, на субъектов среднего предпринимательства – в размере шестидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей, с конфискацией транспортных средств, являющихся непосредственными предметами совершения административного правонарушения, или без таковой.

Сноска. Статья 543 с изменениями, внесенными законами РК от 03.12.2015 № 432-V (вводится в действие с 01.01.2016); от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 544. Неправомерные операции, изменение состояния, пользование и (или) распоряжение товарами и транспортными средствами, помещенными под определенную таможенную процедуру

Проведение операций, изменение состояния, пользование и (или) распоряжение товарами и транспортными средствами не в соответствии с их таможенной процедурой, а равно передача права использования таможенной процедуры посредством передачи в отношении товаров прав владения, пользования или распоряжения, если это допускается в соответствии с таможенной процедурой, другому лицу без разрешения органа государственных доходов, если такое решение обязательно, –

влекут штраф в размере двадцати месячных расчетных показателей с конфискацией транспортных средств, являющихся непосредственными предметами совершения административного правонарушения с исключением из соответствующего реестра лиц, осуществляющих деятельность в сфере таможенного дела.

Статья 545. Несоблюдение порядка применения запретов и ограничений при перемещении товаров и транспортных средств через таможенную границу Евразийского экономического союза

Перемещение через таможенную границу Евразийского экономического союза товаров и транспортных средств с несоблюдением запретов и ограничений, установленных таможенным законодательством Евразийского экономического союза и (или) Республики Казахстан, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей, с конфискацией товаров и (или) транспортных средств, являющихся непосредственными предметами совершения административного правонарушения, или без таковой.

Сноска. Статья 545 - в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018); с изменением, внесенным Законом РК от 05.07.2024 № 114-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 546. Перемещение товаров и транспортных средств через таможенную границу Евразийского экономического союза физическими лицами с нарушением порядка перемещения товаров для личного пользования, установленного таможенным законодательством Евразийского экономического союза и (или) Республики Казахстан

Сноска. Заголовок статьи 546 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Недекларирование физическими лицами по установленной форме товаров и (или) транспортных средств для личного пользования, подлежащих таможенному декларированию, за исключением случаев, предусмотренных статьей 547 настоящего Кодекса, –

влечет штраф в размере десяти месячных расчетных показателей.

Сноска. Статья 546 с изменением, внесенным Законом РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 547. Нарушение порядка перемещения товаров в международных почтовых отправлениях

Нарушение порядка перемещения товаров в международных почтовых отправлениях, установленного таможенным законодательством Евразийского экономического союза и (или) Республики Казахстан, –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

Сноска. Статья 547 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 548. Перемещение товаров и транспортных средств через таможенную границу Евразийского экономического союза помимо таможенного контроля

Сноска. Заголовок статьи 548 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

1. Перемещение товаров и транспортных средств через таможенную границу Евразийского экономического союза помимо таможенного контроля, то есть вне определенных органами государственных доходов Республики Казахстан мест перемещения товаров через таможенную границу Евразийского экономического союза или вне установленного времени работы органов государственных доходов Республики Казахстан в указанных местах, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двадцати пяти, на субъектов малого предпринимательства – в размере пятидесяти, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере трехсот месячных расчетных показателей, с конфискацией товаров и транспортных средств, являющихся непосредственными предметами совершения административного правонарушения.

Сноска. Статья 548 с изменениями, внесенными законами РК от 03.12.2015 № 432-V (вводится в действие с 01.01.2016); от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 549. Сокрытие от таможенного контроля товаров, перемещаемых через таможенную границу Евразийского экономического союза

Сокрытие от таможенного контроля товаров, перемещаемых либо перемещенных через таможенную границу Евразийского экономического союза, в том числе с использованием тайников либо других способов, затрудняющих обнаружение товаров, или придание одним товарам вида других, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф в размере двадцати пяти месячных расчетных показателей с конфискацией товаров, явившихся непосредственными объектами правонарушения, или без таковой, а также конфискацией товаров и транспортных средств со специально изготовленными тайниками, использованными для перемещения через таможенную границу Евразийского экономического союза с сокрытием товаров и предметов, являющихся непосредственными предметами совершения административного правонарушения.

Сноска. Статья 549 - в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018); с изменением, внесенным от 05.07.2024 № 114-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 550. Перемещение товаров и транспортных средств через таможенную границу Евразийского экономического союза с обманным использованием документов или средств идентификации

Перемещение через таможенную границу Евразийского экономического союза товаров и транспортных средств, а также помещение товаров под таможенную процедуру таможенного транзита или на склад временного хранения с представлением органу государственных доходов в качестве документов, необходимых для таможенных целей, недействительных документов, в том числе могущих послужить основанием для несоблюдения запретов и ограничений, документов, полученных незаконным путем, либо документов, относящихся к другим товарам и транспортным средствам, а также использование поддельного средства идентификации либо подлинного средства идентификации, относящегося к другим товарам и транспортным средствам, за исключением случаев, предусмотренных статьей 555 настоящего Кодекса, если эти действия не содержат признаков уголовно наказуемого деяния, –

влекут штраф в размере двадцати месячных расчетных показателей с конфискацией товаров и (или) транспортных средств, являющихся непосредственными предметами совершения административного правонарушения, или без таковой.

Сноска. Статья 550 - в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018), с изменением, внесенным Законом РК от 05.07.2024 № 114-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 551. Недекларирование или недостоверное таможенное декларирование товаров, наличных денежных средств, денежных инструментов, недостоверное заявление сведений в таможенных документах

1. Недекларирование или недостоверное таможенное декларирование товаров, перемещаемых либо перемещенных через таможенную границу Евразийского экономического союза, то есть незаявление по установленной форме либо заявление декларантом, таможенным представителем, уполномоченным экономическим оператором в таможенной декларации и иных документах, необходимых для таможенных целей, недостоверных сведений о товарах, избранной таможенной процедуре, таможенной стоимости либо стране происхождения товаров или заявление иных недостоверных сведений, дающих основание для освобождения от уплаты таможенных платежей, налогов или занижения размера таможенных платежей, налогов, специальных, антидемпинговых, компенсационных пошлин, либо влекущих неисполнение или ненадлежащее исполнение обязанности по их уплате, за исключением случаев, предусмотренных другими статьями настоящей главы, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф в размере двадцати пяти процентов от суммы неуплаченных таможенных платежей, налогов, специальных, антидемпинговых, компенсационных пошлин.

2. Деяния, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере пятидесяти процентов от суммы неуплаченных таможенных платежей, налогов, специальных, антидемпинговых, компенсационных пошлин.

3. Недекларирование либо недостоверное декларирование физическими лицами денежных средств и денежных инструментов, перемещаемых через таможенную границу Евразийского экономического союза и подлежащих письменному декларированию, –

влечет штраф в размере двадцати пяти процентов от недекларированной либо недостоверно декларированной суммы наличных денежных средств и (или) стоимости денежных инструментов с конфискацией недекларированных либо недостоверно декларированных денежных средств и денежных инструментов.

4. Недостоверное заявление сведений о товарах, перемещаемых либо перемещенных через таможенную границу Евразийского экономического союза, в заявлении о выпуске товаров до подачи декларации на товары либо в заявлении о совершении операций в отношении временно вывезенных транспортных средств международной перевозки, являющихся товарами, помещенными под таможенную процедуру временного ввоза (допуска), то есть незаявление по установленной форме либо заявление лицом в указанных документах недостоверных сведений о товарах, избранной таможенной процедуре, таможенной стоимости или заявление иных недостоверных сведений, влекущих занижение размера таможенных пошлин, налогов, специальных, антидемпинговых, компенсационных пошлин, –

влечет штраф на физических лиц в размере тридцати, на субъектов малого предпринимательства или некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

Примечание. Суммы таможенных платежей, налогов, специальных, антидемпинговых, компенсационных пошлин, подлежащие уплате, исчисляются в соответствии с Кодексом Республики Казахстан "О таможенном регулировании в Республике Казахстан".

Сноска. Статья 551 - в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018); с изменениями, внесенными Законом РК от 05.07.2024 № 114-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 552. Транспортировка, хранение, приобретение, пользование или распоряжение товарами и транспортными средствами, ввезенными на таможенную территорию Евразийского экономического союза с нарушением таможенных правил

Сноска. Заголовок статьи 552 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

1. Транспортировка, хранение, приобретение, пользование или распоряжение товарами и транспортными средствами, ввезенными на таможенную территорию Евразийского экономического союза помимо таможенного контроля либо с сокрытием от такого контроля, либо с обманным использованием документов или средств идентификации, либо недекларированными или недостоверно декларированными, а равно транспортировка, хранение и приобретение товаров и транспортных средств, в отношении которых предоставлены таможенные льготы в части таможенных платежей и налогов, используемых либо отчуждаемых без разрешения органа государственных доходов Республики Казахстан в иных целях, чем те, в связи с которыми были предоставлены такие льготы, –

влекут штраф на физических лиц в размере десяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов крупного предпринимательства – в размере тридцати пяти месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере пятидесяти месячных расчетных показателей с конфискацией товаров и транспортных средств, являющихся непосредственными предметами совершения административного правонарушения, или без таковой.

Сноска. Статья 552 с изменениями, внесенными Законом РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 553. Нарушение порядка пользования и (или)распоряжения ограниченными в пользовании и (или) распоряжении товарами, а также условно выпущенными товарами и транспортными средствами

Пользование и (или) распоряжение ограниченными в пользовании и (или) распоряжении товарами, а также условно выпущенными товарами и транспортными средствами в иных целях, чем те, которые предусмотрены таможенным законодательством Республики Казахстан, в том числе в связи с которыми были предоставлены такие льготы, –

влекут штраф на субъектов малого предпринимательства или некоммерческие организации – в размере двухсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

Статья 554. Действия, направленные на возврат без надлежащих оснований уплаченных (взысканных) таможенных пошлин, таможенных сборов, налогов, специальных, антидемпинговых, компенсационных пошлин, авансовых платежей, получение выплат и иных возмещений либо их невозвращение

Представление органу государственных доходов Республики Казахстан документов, содержащих недостоверные сведения, дающие право на возврат уплаченных (взысканных) таможенных пошлин, таможенных сборов, налогов, специальных, антидемпинговых, компенсационных пошлин, авансовых платежей, внесенных в счет уплаты предстоящих таможенных пошлин, таможенных сборов, налогов, специальных, антидемпинговых, компенсационных пошлин, пеней, процентов, а также авансовых платежей, внесенных в качестве обеспечения исполнения обязанности по уплате таможенных пошлин, налогов, специальных, антидемпинговых, компенсационных пошлин, получение выплат и иных возмещений или их невозвращение либо возвращение не в полном объеме без надлежащих оснований, если эти действия не содержат признаков уголовно наказуемого деяния, –

влечет штраф на юридических лиц в размере двухсот пятидесяти месячных расчетных показателей.

Сноска. Статья 554 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 555. Нарушение сроков уплаты таможенных пошлин, налогов, специальных, антидемпинговых, компенсационных пошлин, таможенных сборов, процентов

Неисполнение или ненадлежащее исполнение плательщиками и (или) лицами, несущими с плательщиком солидарную обязанность, обязанности по уплате таможенных пошлин, налогов, специальных, антидемпинговых, компенсационных пошлин в установленные сроки, неуплата таможенных сборов, процентов в установленные сроки –

влекут штраф на физических лиц в размере тридцати, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати пяти, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

Сноска. Статья 555 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 556. Неисполнение требования органа государственных доходов Республики Казахстан об уплате причитающихся сумм таможенных пошлин, налогов, специальных, антидемпинговых, компенсационных пошлин, пеней, процентов в установленные сроки

Неисполнение банком, страховой организацией, поручителем требования органа государственных доходов об уплате причитающихся сумм таможенных пошлин, налогов, специальных, антидемпинговых, компенсационных пошлин, пеней, процентов в установленные сроки –

влечет штраф на субъектов малого предпринимательства или некоммерческие организации в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

Сноска. Статья 556 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 557. Неисполнение банками и организациями, осуществляющими отдельные виды банковских операций, решений органов государственных доходов Республики Казахстан

Неисполнение решений органов государственных доходов Республики Казахстан о взыскании задолженности по таможенным платежам, налогам, специальным, антидемпинговым, компенсационным пошлинам, пеней, процентов или о приостановлении расходных операций по банковским счетам плательщика по вине банков и организаций, осуществляющих отдельные виды банковских операций, –

влечет штраф на юридических лиц в размере двухсот пятидесяти месячных расчетных показателей.

Сноска. Статья 557 в редакции Закона РК от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 558. Невыполнение требований органов государственных доходов Республики Казахстан в сфере таможенного дела

1. Невыполнение требований органов государственных доходов и их должностных лиц в сфере таможенного дела –

влечет предупреждение.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

Сноска. Статья 558 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Глава 30. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ НА
ТРАНСПОРТЕ, В ДОРОЖНОМ ХОЗЯЙСТВЕ

Статья 559. Нарушение правил, обеспечивающих безопасность движения на железнодорожном транспорте

1. Нарушение правил проезда гужевых повозок (саней) и прогона вьючных, верховых животных и скота через железнодорожные пути, выпаса скота в полосе отвода железных дорог –

влечет предупреждение или штраф в размере пяти месячных расчетных показателей.

2. Повреждение железнодорожного пути, защитных лесонасаждений, снегозащитных ограждений и других путевых объектов, сооружений и устройств сигнализации и связи –

влечет штраф на физических лиц в размере пяти, на юридических лиц – в размере двадцати месячных расчетных показателей.

3. Несоблюдение установленных габаритов при погрузке и выгрузке грузов –

влечет штраф на физических лиц в размере пяти, на юридических лиц в размере пятнадцати месячных расчетных показателей.

4. Подкладывание, сбрасывание на железнодорожные пути или оставление на них предметов, которые могут вызвать нарушение движения поездов, –

влекут штраф в размере двадцати месячных расчетных показателей.

5. Проход по железнодорожным путям в неустановленных местах –

влечет предупреждение или штраф в размере трех месячных расчетных показателей.

6. Нарушение требований законодательства Республики Казахстан о железнодорожном транспорте, совершенное при:

1) содержании стрелочных переводов, станционных и магистральных путей железнодорожной сети и железнодорожных подъездных путей;

2) содержании, эксплуатации и ремонте подвижного состава, технических средств, направленных на обеспечение безопасности движения на железнодорожном транспорте, искусственных сооружений, а также железнодорожных переездов, –

влечет штраф на физических лиц в размере трех, на должностных лиц – в размере семи, на субъектов малого предпринимательства – в размере восьми, на субъектов среднего предпринимательства – в размере десяти, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

7. Нарушение правил безопасности на железнодорожном транспорте, повлекшее повреждение железнодорожного подвижного состава до состояния, не подлежащего восстановлению, –

влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

8. Нарушение правил безопасности на железнодорожном транспорте, в результате которого допущено повреждение подвижного состава в объеме, требующем его отцепку и подачу на ремонт, –

влечет штраф на субъектов малого предпринимательства в размере тридцати, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

9. Непредоставление информации в уполномоченный орган участниками перевозочного процесса о допущенных нарушениях безопасности на железнодорожных путях в установленные правилами безопасности на железнодорожном транспорте сроки –

влечет штраф на должностных лиц, на субъектов малого предпринимательства в размере двадцати, на субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

Сноска. Статья 559 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 27.12.2019 № 295-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 560. Нарушение правил использования средств железнодорожного транспорта

1. Незаконный проезд в грузовых поездах, посадка и высадка на ходу поезда, проезд на подножках и крышах вагонов, незаконная без надобности остановка поезда –

влекут штраф на физических лиц в размере пяти месячных расчетных показателей.

2. Выброс мусора и иных предметов из окон и дверей вагонов поездов, незаконное открытие наружных дверей во время движения поезда –

влекут предупреждение или штраф на физических лиц в размере трех месячных расчетных показателей.

Статья 561. Эксплуатация железнодорожного подвижного состава и городского рельсового транспорта без государственной регистрации или перерегистрации

Сноска. Заголовок статьи 561 в редакции Закона РК от 05.05.2017 № 59-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Эксплуатация железнодорожного подвижного состава и городского рельсового транспорта без государственной регистрации или перерегистрации -

влечет штраф на физических лиц в размере двух, на субъектов малого предпринимательства - в размере пяти, на субъектов среднего предпринимательства - в размере семи, на субъектов крупного предпринимательства - в размере двадцати месячных расчетных показателей.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере пяти, на субъектов малого предпринимательства – в размере семи, на субъектов среднего предпринимательства – в размере десяти, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

Сноска. Статья 561 с изменениями, внесенными Законом РК от 05.05.2017 № 59-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования.

Статья 562. Повреждение транспортных средств общего пользования и их внутреннего оборудования

Повреждение транспортных средств общего пользования, а именно пассажирских вагонов и локомотивов на железнодорожном транспорте, судов на морском и речном транспорте, автобусов, троллейбусов, трамваев, а также повреждение их внутреннего оборудования –

влекут штраф на физических лиц в размере десяти месячных расчетных показателей.

Статья 563. Нарушение порядка использования воздушного пространства Республики Казахстан

1. Нарушение порядка использования воздушного пространства Республики Казахстан, а именно полетов воздушных судов и других летательных аппаратов, проведения всех видов стрельб, пусков ракет, взрывных работ и осуществления иной деятельности, связанной с перемещением материальных объектов в воздушном пространстве Республики Казахстан, совершенное в виде:

1) осуществления деятельности без представления плана полета (при полетах в неконтролируемом воздушном пространстве без уведомления) и (или) без разрешения на выполнение полетов, и (или) без разрешения на осуществление деятельности, представляющей угрозу безопасности полетов воздушных судов;

2) полета группы воздушных судов, количество которых превышает указанное в разрешении;

3) несоблюдения воздушными судами режимов использования воздушного пространства;

4) посадки воздушных судов на аэродром, не указанный в плане полета, кроме случаев вынужденной посадки и направления на запасной аэродром;

5) пролета воздушного судна без разрешения Министерства обороны Республики Казахстан над территорией запретной зоны и зоны ограничения;

6) отклонения от воздушных трасс, осей маршрута на расстояния более установленных норм, за исключением случаев явной угрозы безопасности полетов и предотвращения авиационного происшествия;

7) невыполнения команд органов обслуживания воздушного движения или управления воздушным движением пользователями воздушного пространства, за исключением явной угрозы безопасности полетов и предотвращения авиационного происшествия, –

влечет штраф на физических лиц в размере десяти, на должностных лиц – в размере двадцати месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере пятнадцати, на должностных лиц – в размере двадцати пяти месячных расчетных показателей, с конфискацией предмета, явившегося орудием совершения правонарушения.

Сноска. Статья 563 с изменением, внесенным Законом РК от 10.05.2017 № 64-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 564. Нарушение правил безопасности полетов

1. Размещение в районе аэродрома каких-либо знаков и устройств, сходных с маркировочными знаками и устройствами, принятыми для опознавания аэродромов, или сжигание пиротехнических изделий без разрешения администрации аэропорта, аэродрома, или устройство объектов, способствующих массовому скоплению птиц, опасных для полетов воздушных судов, –

влечет штраф на физических лиц в размере десяти, на должностных лиц – в размере двадцати месячных расчетных показателей.

2. Невыполнение правил о размещении ночных и дневных маркировочных знаков или устройств на зданиях и сооружениях –

влечет штраф на физических лиц в размере десяти, на должностных лиц – в размере двадцати месячных расчетных показателей.

3. Повреждение аэродромного оборудования, аэродромных знаков, воздушных судов и их оборудования –

влечет штраф на физических лиц в размере пятидесяти месячных расчетных показателей.

4. Проход или проезд без надлежащего разрешения по территории аэропортов (кроме аэровокзалов), аэродромов, объектов радио- и светообеспечения полетов –

влечет штраф на физических лиц в размере одного месячного расчетного показателя.

5. Создание лицами, находящимися на воздушном судне в качестве пассажиров, ситуации, угрожающей безопасности полета на борту воздушного судна, за исключением случая, предусмотренного частью 1-2 статьи 441 настоящего Кодекса, –

влечет штраф на физических лиц в размере двухсот месячных расчетных показателей либо административный арест на срок до пятнадцати суток.

Сноска. Статья 564 с изменениями, внесенными законами РК от 10.05.2017 № 64-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 19.04.2019 № 249-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 565. Допуск к работе авиационного персонала, не прошедшего профессиональную подготовку либо не имеющего соответствующую квалификацию

Допуск к работе авиационного персонала, не прошедшего профессиональную подготовку либо не имеющего соответствующую квалификацию, –

влечет штраф на должностных лиц в размере сорока, на юридических лиц – в размере шестидесяти месячных расчетных показателей.

Статья 565-1. Нарушение требований по медицинскому освидетельствованию в сфере гражданской авиации

1. Несоблюдение авиационным медицинским экспертом требований по медицинскому освидетельствованию в сфере гражданской авиации, представляющее опасность для выполнения полетов, –

влечет штраф в размере ста месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере двухсот месячных расчетных показателей.

3. Сокрытие лицом, непосредственно связанным с выполнением и обеспечением полетов воздушных судов, обслуживанием воздушного движения, информации о наличии у него заболевания, известного ему и представляющее опасность для выполнения полетов, во время прохождения медицинского освидетельствования –

влечет штраф в размере ста восьмидесяти месячных расчетных показателей.

4. Действие, предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере двухсот месячных расчетных показателей.

Сноска. Глава 30 дополнена статьей 565-1 в соответствии с Законом РК от 10.05.2017 № 64-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными Законом РК т 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 565-2. Неисполнение либо ненадлежащее исполнение плана корректирующих действий или непредставление уведомления поставщиком аэронавигационного обслуживания

Неисполнение либо ненадлежащее исполнение владельцем сертификата поставщика аэронавигационного обслуживания плана корректирующих действий в установленные сроки или непредставление уведомления поставщиком аэронавигационного обслуживания об изменениях функциональных систем организации воздушных движений –

влечет штраф на субъектов малого предпринимательства в размере двухсот, на субъектов среднего предпринимательства – в размере пятисот, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

Сноска. Глава 30 дополнена статьей 565-2 в соответствии с Законом РК от 10.05.2017 № 64-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 566. Нарушение правил поведения на воздушном судне

1. Нарушение правил поведения на воздушном судне, совершенное в виде невыполнения лицом, находящимся на воздушном судне, распоряжений командира воздушного судна или других членов экипажа, если деяния этого лица не создают угрозу безопасности полета, –

влечет штраф в размере трех месячных расчетных показателей.

2. Пользование услугами сотовой, транкинговой связи на борту воздушного судна на всех этапах полета, радиоэлектронными средствами и высокочастотными устройствами бытового назначения на этапах руления, набора высоты, захода на посадку воздушного судна, за исключением использования сотовой связи и радиоэлектронных средств на борту воздушного судна в автономном режиме "в полете", –

влечет предупреждение или штраф в размере пяти месячных расчетных показателей.

3. Деяния, предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере десяти месячных расчетных показателей.

Сноска. Статья 566 с изменением, внесенным Законом РК от 10.05.2017 № 64-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 567. Неисполнение либо ненадлежащее исполнение перевозчиком обязанностей по предоставлению услуг пассажиру при отмене или задержке рейса по вине перевозчика или задержке, отмене рейса вследствие позднего прибытия воздушного судна, изменения маршрута перевозки

1. Неисполнение либо ненадлежащее исполнение перевозчиком обязанностей, предусмотренных законодательством Республики Казахстан об использовании воздушного пространства Республики Казахстан и деятельности авиации, по предоставлению услуг пассажиру при отмене или задержке рейса по вине перевозчика или задержке, отмене рейса вследствие позднего прибытия воздушного судна, изменения маршрута перевозки –

влечет штраф в размере двухсот месячных расчетных показателей.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере одной тысячи месячных расчетных показателей.

Статья 568. Умышленное сокрытие авиационного происшествия или инцидента

Умышленное сокрытие авиационного происшествия, инцидента или сведений о них либо искажение информации, либо повреждение или уничтожение бортовых или наземных средств объективного контроля или других связанных с авиационным происшествием или инцидентом доказательственных материалов –

влечет штраф на физических лиц в размере двадцати, на должностных лиц – в размере тридцати, на юридических лиц – в размере ста месячных расчетных показателей.

Статья 569. Нарушение правил безопасности эксплуатации воздушных судов

1. Нарушение порядка допуска к выполнению полетов воздушных судов либо правил подготовки и выполнения полетов, за исключением случаев, предусмотренных частями второй, третьей, четвертой, пятой, шестой, седьмой и восьмой настоящей статьи, если эти действия по неосторожности повлекли причинение легкого вреда здоровью потерпевшего, –

влечет штраф на физических лиц в размере тридцати месячных расчетных показателей с лишением права управления воздушным судном (обслуживание воздушного движения, технического обслуживания воздушного судна) на срок шесть месяцев, на должностных лиц – в размере тридцати, на юридических лиц – в размере пятидесяти месячных расчетных показателей.

2. Взлет на воздушном судне при наличии неисправностей, с которыми запрещено начинать выполнение полета без разрешения уполномоченной организации в сфере гражданской авиации, либо с нарушением норм пассажировместимости (грузовместимости) или ограничений по полетной массе или центровке воздушного судна -

влечет штраф на командира воздушного судна в размере сорока месячных расчетных показателей или лишение права управления воздушным судном на срок один год.

3. Управление воздушным судном лицом, не имеющим права управления им, –

влечет штраф в размере сорока месячных расчетных показателей.

4. Управление воздушным судном, не прошедшим государственной регистрации либо не имеющим государственного и регистрационного опознавательных знаков, либо не состоящим на учете в уполномоченной организации в сфере гражданской авиации, либо имеющим заведомо подложные государственный и регистрационный опознавательные знаки, –

влечет штраф на командира воздушного судна в размере сорока месячных расчетных показателей или лишение права управления воздушным судном на срок один год.

5. Управление воздушным судном, на котором отсутствует судовая и полетная документация, предусмотренная законодательством Республики Казахстан, либо управление воздушным судном членом летного экипажа, не имеющим при себе документов на право управления данным типом воздушного судна, –

влечет штраф в размере сорока месячных расчетных показателей.

6. Допуск к полету воздушного судна, которое не прошло государственной регистрации либо которое не имеет государственного и регистрационного опознавательных знаков, либо не состоящим на учете в уполномоченной организации в сфере гражданской авиации, либо которое имеет заведомо подложные государственный и регистрационный опознавательные знаки, либо на котором отсутствует судовая и полетная документация, предусмотренная законодательством Республики Казахстан, либо на котором не укомплектован летный или кабинный экипаж, либо которое имеет неисправности, с которыми запрещена его эксплуатация без разрешения, выдаваемого уполномоченной организацией в сфере гражданской авиации, либо на котором нарушены нормы пассажировместимости (грузовместимости) или ограничения по полетной массе или центровке воздушного судна, а равно допуск к обслуживанию либо обслуживание воздушного судна лицом, не имеющим на то права или находящимся в состоянии опьянения, –

влекут штраф на физических и должностных лиц в размере сорока, на юридических лиц – в размере ста месячных расчетных показателей.

7. Выполнение полетов воздушными судами, на борту которых отсутствуют поисковые и аварийно-спасательные средства, предусмотренные законодательством Республики Казахстан, –

влечет штраф на физических и должностных лиц в размере сорока, на юридических лиц – в размере ста месячных расчетных показателей.

8. Порча или утеря свидетельства авиационного персонала –

влечет штраф на физических лиц в размере двадцати месячных расчетных показателей.

Сноска. Статья 569 с изменениями, внесенными Законом РК от 19.04.2019 № 249-VI (вводится в действие с 01.08.2019).

Статья 570. Нарушение требований по обеспечению авиационной безопасности

Сноска. Заголовок статьи 570 в редакции Закона РК от 10.05.2017 № 64-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Неисполнение либо ненадлежащее исполнение требований по обеспечению авиационной безопасности –

влечет штраф на физических лиц в размере двадцати, на должностных лиц – в размере сорока, на юридических лиц – в размере ста месячных расчетных показателей.

2. Непринятие мер по содержанию ограждений периметра территории аэропорта, аэродрома, если эти деяния не повлекли авиационного происшествия или инцидента, –

влечет штраф на юридических лиц в размере четырехсот месячных расчетных показателей.

Сноска. Статья 570 с изменениями, внесенными Законом РК от 10.05.2017 № 64-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 571. Нарушение правил перевозок пассажиров, багажа и грузов

1. Нарушение правил международных перевозок пассажиров, багажа и грузов, за исключением перевозок автомобильным и железнодорожным транспортом, –

влечет штраф в размере пятидесяти месячных расчетных показателей.

2. Нарушение правил перевозок пассажиров и багажа автомобильным транспортом –

влечет штраф на физических лиц в размере пяти, на субъектов малого предпринимательства – в размере десяти, на субъектов среднего предпринимательства – в размере пятнадцати, на субъектов крупного предпринимательства – в размере двадцати пяти месячных расчетных показателей.

2-1. Нарушение правил перевозок грузов автомобильным транспортом –

влечет штраф на физических лиц в размере пяти, на субъектов малого предпринимательства – в размере десяти, на субъектов среднего предпринимательства – в размере пятнадцати, на субъектов крупного предпринимательства – в размере двадцати пяти месячных расчетных показателей.

3. Действия, предусмотренные частями второй и 2-1 настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

4. Нарушение правил перевозок грузов, пассажиров, багажа и грузобагажа железнодорожным транспортом –

влечет штраф на физических лиц в размере пяти, на должностных лиц – в размере десяти, на субъектов малого предпринимательства – в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов крупного предпринимательства – в размере тридцати пяти месячных расчетных показателей.

5. Перевозка опасных грузов автотранспортными средствами либо специализированными автотранспортными средствами с нарушением установленных правил, а равно без специального разрешения на перевозку опасного груза классов 1, 6 и 7 –

влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства – в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

Примечание ИЗПИ!
В абзац первый части шестой предусмотрено изменение Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

6. Проезд тяжеловесных автотранспортных средств с превышением весовых параметров, в том числе фиксируемый с использованием специальных автоматизированных измерительных средств, а равно без специального разрешения –

влечет штраф при превышении допустимых весовых параметров от одного до пяти тонн на физических лиц в размере сорока, на субъектов малого предпринимательства – в размере восьмидесяти, на субъектов среднего предпринимательства – в размере ста двадцати, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей, при превышении от пяти до десяти тонн на физических лиц – в размере восьмидесяти, на субъектов малого предпринимательства – в размере ста тридцати, на субъектов среднего предпринимательства – в размере ста восьмидесяти, на субъектов крупного предпринимательства – в размере двухсот восьмидесяти месячных расчетных показателей, при превышении от десяти тонн и выше на физических лиц – в размере ста восьмидесяти, на субъектов малого предпринимательства – в размере четырехсот восьмидесяти, на субъектов среднего предпринимательства – в размере семисот восьмидесяти, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

Примечание ИЗПИ!
В абзац первый части седьмой предусмотрено изменение Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

7. Проезд крупногабаритных автотранспортных средств с превышением габаритных параметров, в том числе фиксируемый с использованием специальных автоматизированных измерительных средств, а равно без специального разрешения –

влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства – в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

8. Проезд крупногабаритных и (или) тяжеловесных автотранспортных средств с превышением одного из параметров либо отклонением от маршрута или сроков, указанных в специальном разрешении, –

влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства – в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

9. Превышение грузоотправителем допустимых весовых параметров свыше одной тонны и (или) габаритных параметров, установленных законодательством Республики Казахстан, в процессе загрузки автотранспортного средства –

влечет штраф на физических лиц в размере тридцати, на субъектов малого предпринимательства – в размере пятидесяти, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Сноска. Статья 571 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 571-1. Непредставление перевозчиком товарно-транспортной накладной (акта замера или взвешивания), путевого листа при осуществлении перевозок автомобильным транспортом

1. Непредставление перевозчиком товарно-транспортной накладной (акта замера или взвешивания, CMR), путевого листа при осуществлении перевозки груза, пассажиров и багажа автомобильным транспортом, а равно их незаполнение –

влекут штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства – в размере сорока, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере шестидесяти месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере тридцати, на субъектов малого предпринимательства – в размере шестидесяти, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере восьмидесяти месячных расчетных показателей.

Сноска. Глава 30 дополнена статьей 571-1 в соответствии с Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 572. Нарушение режима труда и отдыха водителей при осуществлении автомобильных перевозок пассажиров, багажа или грузов

1. Эксплуатация автотранспортного средства без контрольных устройств регистрации режима труда и отдыха водителей (тахографов) или с выключенными исправными такими устройствами либо с незаполненными диаграммными дисками, или с применением ранее использованных диаграммных дисков либо без использования электронных карточек в случае применения электронных (цифровых) тахографов, а равно без ведения ежедневных регистрационных листков режима труда и отдыха водителей (в случае неисправности контрольного устройства) при осуществлении:

1) автомобильных перевозок опасных грузов;

2) международных автомобильных перевозок пассажиров, багажа и грузов;

3) междугородных межобластных регулярных автомобильных перевозок пассажиров и багажа;

4) междугородных, межобластных, межрайонных (междугородных внутриобластных) нерегулярных автомобильных перевозок пассажиров и багажа –

влечет штраф на субъектов малого предпринимательства в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Нарушение режима труда и отдыха водителями автотранспортных средств при осуществлении автомобильных перевозок пассажиров, багажа или грузов –

влечет штраф в размере десяти месячных расчетных показателей.

Сноска, Статья 572 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 573. Нарушение Правил применения разрешительной системы автомобильных перевозок в Республике Казахстан в международном сообщении

1. Осуществление иностранцами или иностранными юридическими лицами международных автомобильных перевозок на территории Республики Казахстан без разрешения или специального разрешения в случаях, предусмотренных законодательством Республики Казахстан об автомобильном транспорте, –

влечет штраф на водителей автотранспортных средств в размере двухсот, на юридических лиц – в размере пятисот месячных расчетных показателей.

2. Использование отечественным перевозчиком иностранного разрешения на автотранспортное средство, не указанное в карточках допуска отечественного перевозчика, –

влечет штраф на субъектов малого предпринимательства в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере сорока месячных расчетных показателей.

3. Передача отечественным перевозчиком бланков иностранных разрешений другому отечественному перевозчику –

влечет штраф на субъектов малого предпринимательства в размере двадцати пяти, на субъектов среднего предпринимательства – в размере тридцати пяти, на субъектов крупного предпринимательства – в размере сорока пяти месячных расчетных показателей.

4. Нарушение водителем согласованной схемы маршрута следования при осуществлении перевозок пассажиров и багажа в международном сообщении –

влечет штраф в размере десяти месячных расчетных показателей.

5. Использование иностранным перевозчиком отечественного разрешения, не оформленного в соответствии с Правилами применения разрешительной системы автомобильных перевозок в Республике Казахстан в международном сообщении, –

влечет штраф на водителей автотранспортных средств в размере двадцати месячных расчетных показателей.

6. Осуществление международной автомобильной перевозки при наличии неисполненного уведомления, выданного уполномоченным органом транспортного контроля государств-членов Евразийского экономического союза, а также отклонение от маршрута, указанного в уведомлении, –

влекут штраф в размере ста месячных расчетных показателей.

7. Осуществление замены (перецепка) тягача или грузового автомобиля на другой тягач или грузовой автомобиль, который не зарегистрирован в государстве регистрации перевозчика, –

влечет штраф на водителей автотранспортных средств в размере двухсот, на юридических лиц – в размере пятисот месячных расчетных показателей.

Сноска, Статья 573 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 574. Отсутствие списков пассажиров у водителей автотранспортных средств при осуществлении нерегулярных международных автомобильных перевозок пассажиров и багажа

Сноска. Статья 574 исключена Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 575. Осуществление автомобильных перевозок на территории Республики Казахстан автотранспортными средствами, зарегистрированными в иностранном государстве

Перевозка пассажиров, багажа или грузов автотранспортными средствами, зарегистрированными на территории иностранного государства, между пунктами, расположенными на территории Республики Казахстан, за исключением перевозки автотранспортными средствами, временно ввезенными на территорию Республики Казахстан,–

влечет штраф в размере ста месячных расчетных показателей.

Сноска. Статья 575 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 576. Отсутствие у водителей автотранспортных средств договора перевозки при осуществлении нерегулярных автомобильных перевозок пассажиров и багажа во внутриреспубликанском сообщении

Сноска. Статья 576 исключена Законом РК от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 577. Перевозка пассажиров между пунктами на территории Республики Казахстан при осуществлении регулярных перевозок в международном сообщении

1. Организация продажи проездных документов (билетов) для перевозки пассажиров между пунктами на территории Республики Казахстан при осуществлении регулярных перевозок в международном сообщении –

влечет штраф на субъектов малого предпринимательства в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

2. Перевозка пассажиров автотранспортными средствами между пунктами на территории Республики Казахстан при осуществлении регулярных перевозок в международном сообщении –

влечет штраф на водителей автотранспортных средств в размере тридцати месячных расчетных показателей.

3. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере сорока месячных расчетных показателей.

4. Действие, предусмотренное частью второй настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на водителей автотранспортных средств в размере пятидесяти месячных расчетных показателей.

Статья 578. Нарушение правил, обеспечивающих безопасность движения на морском транспорте

1. Нарушение на морском транспорте установленного порядка маневрирования и движения судов, несоблюдение предписанной скорости движения, требований подачи звуковых и световых сигналов, несения судовых огней и знаков, преднамеренная остановка или стоянка судна в запрещенных местах, нарушение порядка буксировки судов, а также невыполнение обязательных требований диспетчера –

влекут штраф в размере семи месячных расчетных показателей.

2. Проведение без надлежащего разрешения водолазных работ в портовых водах или несоблюдение правил подачи сигналов во время этих работ –

влечет штраф в размере десяти месячных расчетных показателей.

Статья 579. Повреждение на морском транспорте сооружений и устройств сигнализации и связи

Повреждение на морском транспорте сооружений и устройств сигнализации и связи –

влечет штраф в размере десяти месячных расчетных показателей.

Статья 580. Нарушение правил, обеспечивающих безопасность пассажиров на судах морского и речного транспорта, а также маломерных судах

Отсутствие, недоукомплектование или использование с истекшим сроком освидетельствования спасательных и аварийных средств и оборудования на судах морского и речного транспорта, а также маломерных судах, нарушение требований по оборудованию сходней и трапов на судах морского и речного транспорта –

влекут штраф в размере десяти месячных расчетных показателей.

Статья 581. Нарушение правил выпуска судна в плавание или допуск к управлению судном лиц, не имеющих соответствующего диплома (свидетельства, удостоверения)

1. Выпуск (направление) судна (кроме маломерного) в плавание без документов, удостоверяющих принадлежность судна, годность его к плаванию, с неукомплектованным экипажем, при несоответствии технического состояния судна имеющимся документам, с нарушением установленных правил загрузки, норм пассажировместимости, ограничений по району и условиям плавания, а также допуск к управлению судном или его механизмами и оборудованием лиц, не имеющих соответствующего диплома (свидетельства, удостоверения), –

влекут штраф в размере двадцати месячных расчетных показателей.

2. Выпуск в плавание маломерных судов, не зарегистрированных в установленном порядке или не прошедших технический осмотр (освидетельствование), или имеющих неисправности, с которыми запрещена их эксплуатация, или неукомплектованных снаряжением, или переоборудованных без соответствующего разрешения, а также допуск к управлению маломерными судами лиц, не имеющих права управления этими судами, –

влекут штраф на должностных лиц, субъектов малого предпринимательства в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

Статья 582. Нарушение правил эксплуатации судов, в том числе маломерных судов, а также управление судном, в том числе маломерным судном, лицом, не имеющим права управления

1. Управление судном (в том числе маломерным), не зарегистрированным в установленном порядке или не прошедшим технического осмотра (освидетельствования), или не несущим бортовых номеров и обозначений, или переоборудованным без соответствующего разрешения, или имеющим неисправности, с которыми запрещена его эксплуатация, или с нарушением правил загрузки норм пассажировместимости, ограничений по району и условиям плавания –

влечет штраф в размере пятнадцати месячных расчетных показателей.

2. Управление судном, в том числе маломерным судном, лицом, не имеющим права управления этим судном, в том числе маломерным судном, а равно управление судном, в том числе маломерным судном, лицом, не имеющим при себе документа, подтверждающего право управления этим судном, в том числе маломерным судном, или передача управления таким судном, в том числе маломерным судном, лицу, не имеющему права управления, –

влекут штраф в размере десяти месячных расчетных показателей.

3. Управление судном, в том числе маломерным судном, при отсутствии судовых документов, а также с нарушением требований, предъявляемых к судовым документам, –

влечет штраф в размере пяти месячных расчетных показателей.

4. Управление судном, в том числе маломерным судном, с заведомо подложными или поддельными регистрационными бортовыми номерами и обозначениями –

влечет штраф в размере двадцати месячных расчетных показателей.

5. Управление маломерным судном без надетых и пристегнутых индивидуальных спасательных средств на лицах, находящихся на маломерном судне или буксируемом плавательном средстве, –

влечет штраф на физических лиц в размере пяти месячных расчетных показателей.

Сноска. Статья 582 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 583. Нарушение правил плавания по внутренним водным путям

Сноска. Заголовок статьи 583 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Нарушение судоводителями судов (кроме маломерных) правил движения и дачи звуковых и световых сигналов, несения судовых огней и знаков, а также повреждение портовых и гидротехнических сооружений и оборудования –

влекут штраф в размере пяти месячных расчетных показателей.

2. Превышение судоводителями маломерных судов и иных плавучих объектов установленной скорости, несоблюдение требований навигационных знаков, преднамеренная остановка или стоянка судна в запрещенных местах, повреждение гидротехнических сооружений или технических средств и знаков судоходной и навигационной обстановки, нарушение правил маневрирования, подачи звуковых сигналов, несения бортовых огней и знаков –

влекут штраф в размере двух месячных расчетных показателей.

3. Нарушение судоводителями маломерных судов иных правил пользования маломерными судами –

влечет штраф в размере одного месячного расчетного показателя.

Сноска. Статья 583 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 584. Нарушение правил, обеспечивающих безопасность эксплуатации судов на внутренних водных путях

1. Исключен Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

2. Уничтожение, повреждение, срыв, незаконная перестановка плавучих и береговых средств навигационного оборудования, связи и сигнализации, нарушение правил содержания, эксплуатации и установленного режима работы навигационного оборудования на мостах, плотинах и других гидротехнических сооружениях, установка без надлежащего разрешения (согласования) знаков, сооружений, источников звуковых и световых сигналов, создающих помехи в опознавании навигационных знаков и сигналов, –

влекут штраф в размере десяти месячных расчетных показателей.

3. Выброс за борт судна мусора и иных предметов -

влечет штраф в размере одного месячного расчетного показателя.

Сноска. Статья 584 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 585. Нарушение правил погрузки, разгрузки и складирования грузов в речных портах и на пристанях

1. Нарушение технических условий погрузки, разгрузки и складирования грузов в речных портах и на пристанях, технических условий крепления грузов в судне, неоформление акта погрузки (разгрузки) груза –

влекут предупреждение.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере двух месячных расчетных показателей.

Сноска. Статья 585 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 586. Нарушение правил пользования базами (сооружениями) для стоянок маломерных судов

1. Нарушение на базах (сооружениях) для стоянок маломерных судов норм базирования маломерных судов, условий и технических требований для безопасной эксплуатации баз (сооружений), а равно содержание на указанных базах (сооружениях) незарегистрированных в установленном порядке маломерных судов –

влекут штраф на физических и должностных лиц в размере десяти, на субъектов малого предпринимательства – в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

2. Несоблюдение установленного режима контроля за выходом в плавание и возвращением на базу маломерных судов –

влечет предупреждение или штраф на физических и должностных лиц в размере пяти месячных расчетных показателей.

Статья 587. Нарушение требований по эксплуатации портовых сооружений

Нарушение или несоблюдение сроков проведения регулярных и периодических технических осмотров портовых сооружений, нахождение в неисправном состоянии или несоответствие по своим характеристикам швартовых и отбойных устройств причального сооружения, а также отсутствие журнала технического осмотра портовых сооружений и паспорта морского порта –

влекут штраф на физических и должностных лиц в размере пяти месячных расчетных показателей.

Статья 588. Нарушение правил расследования аварийных случаев и транспортных происшествий с судами, в том числе с маломерными судами

1. Непредоставление информации капитаном судна, судовладельцем, должностным лицом гидротехнических сооружений в органы транспортного контроля об аварийном случае с судном морского транспорта, о транспортном происшествии с судном речного транспорта –

влечет штраф на физических и должностных лиц в размере десяти, на субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере сорока месячных расчетных показателей.

2. Непредоставление информации судоводителем или судовладельцем в органы транспортного контроля о транспортном происшествии с маломерным судном –

влечет штраф на физических и должностных лиц в размере пяти, на субъектов малого предпринимательства – в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

3. Непредоставление или несвоевременное предоставление по запросу органа либо должностного лица, проводящего расследование аварийного случая или транспортного происшествия, материалов, справок, объяснительных, выписок из судовых документов либо другой информации, необходимой для проведения расследования, –

влечет штраф на физических лиц в размере пяти, на должностных лиц – в размере десяти, на субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере сорока месячных расчетных показателей.

Статья 589. Нарушение правил пожарной безопасности на транспорте

1. Нарушение установленных на транспорте правил пожарной безопасности –

влечет штраф в размере пяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере десяти месячных расчетных показателей.

Статья 590. Нарушение правил эксплуатации транспортных средств

1. Управление зарегистрированным транспортным средством с нечитаемыми или несоответствующими требованиям национального стандарта или установленными вне предусмотренных мест государственными регистрационными номерными знаками (знаком) –

влечет штраф в размере пяти месячных расчетных показателей.

2. Управление транспортным средством без государственных регистрационных номерных знаков (знака) или после запрещения его эксплуатации, или не зарегистрированным в установленном порядке –

влечет штраф в размере десяти месячных расчетных показателей.

2-1. Действие, предусмотренное частью второй настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере двадцати месячных расчетных показателей или лишение права управления транспортными средствами сроком на один год.

3. Установка на транспортном средстве заведомо подложных или поддельных государственных регистрационных номерных знаков (знака) –

влечет штраф на физических лиц в размере пятнадцати, на должностных лиц – в размере пятидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере четырехсот месячных расчетных показателей.

4. Управление транспортным средством с заведомо подложными или поддельными государственными регистрационными номерными знаками (знаком), а равно управление транспортным средством с государственными регистрационными номерными знаками, оборудованными с применением устройств и материалов, препятствующих идентификации государственных регистрационных номерных знаков (знака) либо позволяющих их видоизменить или скрыть, –

влечет административный арест до пяти суток и лишение права управления транспортными средствами на срок один год.

4-1. Действие, предусмотренное частью четвертой настоящей статьи, совершенное лицом, к которому административный арест в соответствии с частью второй статьи 50 настоящего Кодекса не применяется, –

влечет штраф в размере сорока месячных расчетных показателей и лишение права управления транспортными средствами сроком на один год.

5. Управление транспортными средствами, не отвечающими требованиям технических регламентов, национальных стандартов, а также при наличии неисправностей или условий, при которых запрещается эксплуатация транспортных средств, за исключением случаев, указанных в части шестой настоящей статьи, –

влечет штраф в размере пяти месячных расчетных показателей.

6. Управление транспортными средствами, имеющими неисправности

тормозной системы, рулевого управления, тягово-сцепного устройства, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

7. Управление транспортным средством, переоборудованным без соответствующего разрешения, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

8. Выпуск в эксплуатацию автотранспортных средств, не прошедших предрейсовый (предсменный) технический осмотр, а также допуск к управлению водителя, не прошедшего предрейсовый (предсменный) медицинский осмотр, при осуществлении регулярных или нерегулярных автомобильных перевозок пассажиров, багажа, а также перевозок грузов –

влекут штраф на должностных лиц и субъектов малого предпринимательства в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

9. Управление транспортным средством, не прошедшим государственный или обязательный технический осмотр, –

влечет штраф в размере пяти месячных расчетных показателей.

10. Действия, предусмотренные частями первой, пятой, шестой, седьмой и девятой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере двадцати месячных расчетных показателей.

Примечание. Под транспортными средствами в настоящей главе Кодекса следует понимать все виды автомобилей, тракторов и иные самоходные машины, трамваи, троллейбусы, а также мотоциклы и другие механические транспортные средства.

Сноска. Статья 590 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 591. Пользование водителем при управлении транспортным средством телефоном либо радиостанцией

1. Пользование водителем при управлении транспортным средством телефоном либо радиостанцией –

влечет штраф в размере пяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере десяти месячных расчетных показателей.

Примечание. Во время управления транспортным средством разрешается пользоваться телефоном либо радиостанцией посредством применения наушников или громкой связи.

Статья 592. Превышение установленной скорости движения

Сноска. Заголовок статьи 592 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Превышение установленной скорости движения транспортного средства на величину от десяти до двадцати километров в час –

влечет штраф в размере пяти месячных расчетных показателей.

2. Превышение установленной скорости движения транспортного средства на величину от двадцати до сорока километров в час –

влечет штраф в размере десяти месячных расчетных показателей.

Примечание ИЗПИ!
Абзац первый части третьей предусмотрен в редакции ЗаконаРК от 03.10.2024 № 131-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

3. Превышение установленной скорости движения транспортного средства на величину от сорока и более километров в час –

влечет штраф в размере двадцати месячных расчетных показателей.

Примечание ИЗПИ!
Статью 592 предусмотрено дополнить частью 3-1 в соответствии с Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

4. Действия, предусмотренные частями второй и третьей настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере тридцати месячных расчетных показателей.

Примечание ИЗПИ!
Статью 592 предусмотрено дополнить частью пятой в соответствии с Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).
Сноска. Статья 592 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 593. Несоблюдение требований по перевозке пассажиров и грузов, пользованию ремнями безопасности или мотошлемами, предусмотренных правилами дорожного движения

1. Несоблюдение правил перевозки пассажиров и грузов –

влечет штраф в размере пяти месячных расчетных показателей.

1-1. Принудительная высадка из общественного транспорта лица, не достигшего шестнадцатилетнего возраста, следующего без сопровождения родителей и (или) его законного представителя, –

влечет штраф в размере пяти месячных расчетных показателей.

2. Несоблюдение правил пользования ремнями безопасности или мотошлемами –

влечет штраф в размере пяти месячных расчетных показателей.

3. Действия, предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере десяти месячных расчетных показателей.

Сноска. Статья 593 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 15.04.2024 № 73-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 594. Нарушение правил проезда перекрестков или пересечение проезжей части дороги

1. Выезд на перекресток или пересечение проезжей части дороги в случае образовавшегося затора, который привел к созданию препятствия (затора) для движения транспортных средств в поперечном направлении, –

влечет предупреждение или штраф в размере трех месячных расчетных показателей.

2. Невыполнение требования правил дорожного движения уступить дорогу транспортному средству, пользующемуся преимущественным правом проезда перекрестков, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

3. Исключен Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

4. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере семи месячных расчетных показателей.

5. Действие, предусмотренное частью второй настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере двадцати месячных расчетных показателей.

Сноска. Статья 594 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 595. Нарушение правил маневрирования

1. Невыполнение требования правил дорожного движения подать сигнал перед началом движения, перестроения, поворота, разворота или остановки –

влечет штраф в размере пяти месячных расчетных показателей.

2. Движение задним ходом в местах, где такие маневры запрещены, –

влечет штраф в размере десяти месячных расчетных показателей.

3. Невыполнение требования правил дорожного движения уступить дорогу транспортному средству, пользующемуся преимущественным правом движения, за исключением случаев, предусмотренных частью второй статьи 594 и статьей 598 настоящего Кодекса, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

4. Действия, предусмотренные частями второй и третьей настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере двадцати месячных расчетных показателей.

Сноска. Статья 595 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 596. Нарушение правил расположения транспортного средства на проезжей части дороги, встречного разъезда или обгона

1. Движение по пешеходным дорожкам, обочинам или тротуарам в нарушение правил дорожного движения –

влечет штраф в размере пятнадцати месячных расчетных показателей.

2. Нарушение правил расположения транспортного средства на проезжей части дороги, встречного разъезда или обгона, а равно пересечение организованной транспортной или пешей колонны либо занятие места в ней –

влекут штраф в размере пятнадцати месячных расчетных показателей.

3. Выезд на сторону проезжей части дороги, предназначенную для встречного движения, в случаях, если это запрещено правилами дорожного движения, в том числе сопряженный с разворотом или поворотом, –

влечет лишение права на управление транспортными средствами на срок шесть месяцев.

4. Действия, предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере тридцати месячных расчетных показателей.

5. Действие, предусмотренное частью третьей настоящей статьи, совершенное лицом, лишенным либо не имеющим права управления транспортным средством, –

влечет штраф в размере пятидесяти месячных расчетных показателей.

Сноска. Статья 596 с изменениями, внесенными законами РК от 03.07.2017 № 83-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 597. Нарушение правил остановки или стоянки транспортных средств

1. Нарушение правил остановки или стоянки транспортных средств, в том числе в местах, оборудованных электрозарядными станциями, за исключением случаев, предусмотренных частями второй, третьей настоящей статьи, –

влечет штраф в размере пяти месячных расчетных показателей.

2. Нарушение правил остановки или стоянки транспортных средств на тротуаре, а также остановка или стоянка транспортных средств на клумбах, газонах, детской или спортивной площадке –

влекут штраф в размере десяти месячных расчетных показателей.

3. Нарушение правил остановки или стоянки транспортных средств на проезжей части, повлекшее создание препятствий для движения других транспортных средств, –

влечет штраф в размере десяти месячных расчетных показателей.

4. Нарушение правил остановки или стоянки транспортных средств в местах, отведенных для остановки или стоянки транспортных средств лиц с инвалидностью, –

влечет штраф в размере десяти месячных расчетных показателей.

4-1. Уклонение от уплаты за парковку в местах, оборудованных специальными сертифицированными устройствами, предназначенными для взимания оплаты за парковку и учета времени парковки транспортных средств, определенных местными исполнительными органами областей, городов республиканского значения и столицы, –

влечет штраф в размере трех месячных расчетных показателей.

4-2. Действие, предусмотренное частью 4-1 настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пяти месячных расчетных показателей.

5. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере десяти месячных расчетных показателей.

5-1. Действия, предусмотренные частями второй и третьей настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере пятнадцати месячных расчетных показателей.

6. Действие, предусмотренное частью четвертой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

Сноска. Статья 597 с изменениями, внесенными законами РК от 05.05.2015 № 312-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 18.07.2024 № 127-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 598. Непредоставление преимущества в движении транспортному средству оперативных и специальных служб с включенными специальными световыми и звуковыми сигналами

1. Непредоставление преимущества в движении транспортному средству оперативных и специальных служб, а равно имеющему нанесенные на наружные поверхности специальные цветографические схемы, надписи и обозначения с одновременно включенными проблесковым маячком и специальным звуковым сигналом –

влечет штраф в размере семи месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

Сноска. Статья 598 в редакции Закона РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 599. Проезд на запрещающий сигнал светофора или на запрещающий жест регулировщика

1. Проезд на запрещающий сигнал светофора или на запрещающий жест регулировщика, за исключением случаев, предусмотренных частью первой статьи 607 настоящего Кодекса, –

влечет штраф в размере десяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

Сноска. Статья 599 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 600. Непредоставление преимущества в движении пешеходам или иным участникам дорожного движения

1. Невыполнение требований правил дорожного движения уступить дорогу пешеходам или иным участникам дорожного движения, за исключением водителей транспортных средств, пользующихся преимуществом в движении, –

влечет штраф в размере десяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

Сноска. Статья 600 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 601. Несоблюдение требований, предписанных дорожными знаками или разметкой проезжей части дороги

1. Несоблюдение требований, предписанных дорожными знаками или разметкой проезжей части дороги, за исключением случаев, предусмотренных другими статьями настоящей главы, –

влечет штраф в размере трех месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере десяти месячных расчетных показателей.

Сноска. Статья 601 с изменением, внесенным Законом РК от 03.07.2017 № 83-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 602. Нарушение водителями транспортных средств правил пользования внешними световыми приборами и (или) звуковыми сигналами, применения аварийной сигнализации

Сноска. Заголовок статьи 602 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Нарушение водителями транспортных средств правил пользования внешними световыми приборами в светлое время суток и (или) звуковыми сигналами –

Примечание ИЗПИ!
Абзац второй части первой предусмотрен в редакции Закона РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

влечет предупреждение или штраф в размере трех месячных расчетных показателей.

1-1. Нарушение водителями транспортных средств правил пользования внешними световыми приборами в темное время суток или в условиях недостаточной видимости, применения аварийной сигнализации и знака аварийной остановки –

влечет штраф в размере пяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влекут штраф в размере пяти месячных расчетных показателей.

3. Действия, предусмотренные частью 1-1 настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере семи месячных расчетных показателей.

Сноска. Статья 602 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 603. Нарушение правил установки на транспортном средстве устройств для подачи специальных световых и (или) звуковых сигналов либо незаконное нанесение специальных цветографических схем автомобилей оперативных и специальных служб

1. Установка на передней части транспортного средства световых приборов с огнями красного цвета или световозвращающих приспособлений красного цвета, а равно световых приборов, цвет и режим работы которых не соответствуют требованиям допуска транспортных средств к эксплуатации, –

влечет штраф на физических лиц в размере пятнадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере семидесяти, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с конфискацией указанных приборов и приспособлений.

2. Установка на транспортном средстве без соответствующего разрешения устройств для подачи специальных световых и (или) звуковых сигналов (за исключением охранной сигнализации) –

влечет штраф на физических лиц в размере двадцати пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей, с конфискацией указанных устройств.

3. Незаконное нанесение на наружные поверхности транспортного средства специальных цветографических схем автомобилей оперативных и специальных служб -

влечет штраф на физических лиц в размере двадцати пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных показателей.

Сноска. Статья 603 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 604. Нарушение правил подготовки водителей транспортных средств

Сноска. Статья 604 исключена Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 605. Нарушение законодательства Республики Казахстан о дорожном движении

Сноска. Статья 605 исключена Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 606. Нарушение участником дорожного движения правил дорожного движения, повлекшее создание аварийной обстановки

1. Нарушение участником дорожного движения правил дорожного движения, повлекшее создание аварийной обстановки, то есть вынудившее других участников движения резко изменить скорость, направление движения, –

влечет штраф в размере десяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет лишение права управления транспортным средством на срок шесть месяцев.

Статья 607. Нарушение правил проезда железнодорожных переездов

1. Пересечение железнодорожного пути вне железнодорожного переезда, выезд на железнодорожный переезд при закрытом или закрывающемся шлагбауме либо при запрещающем сигнале светофора или дежурного по переезду –

влекут штраф в размере десяти месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут лишение права управления транспортным средством на срок шесть месяцев.

Сноска. Статья 607 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 608. Управление транспортным средством водителем, находящимся в состоянии алкогольного, наркотического и (или) токсикоманического опьянения, а равно передача управления транспортным средством лицу, находящемуся в состоянии алкогольного, наркотического и (или) токсикоманического опьянения

Примечание ИЗПИ!
См. Нормативное постановление Конституционного Суда РК от 27.10.2023 № 34-НП.

1. Управление транспортным средством водителем, находящимся в состоянии алкогольного, наркотического и (или) токсикоманического опьянения, а равно передача управления транспортным средством лицу, находящемуся в состоянии алкогольного, наркотического и (или) токсикоманического опьянения, –

влекут административный арест на пятнадцать суток и лишение права управления транспортным средством сроком на семь лет.

2. Исключен Законом РК от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2).

3. Действия, предусмотренные частью первой настоящей статьи, повлекшие причинение потерпевшему вреда здоровью, не имеющие признаков уголовно наказуемого деяния, или повреждение транспортных средств, грузов, дорожных и иных сооружений либо иного имущества, –

влекут административный арест на двадцать суток и лишение права управления транспортным средством сроком на семь лет.

3-1. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после истечения срока административного взыскания, –

влекут административный арест на двадцать суток и лишение права управления транспортным средством сроком на восемь лет.

3-2. Действия, предусмотренные частью третьей настоящей статьи, совершенные повторно в течение года после истечения срока административного взыскания, –

влекут административный арест на двадцать пять суток и лишение права управления транспортным средством сроком на девять лет.

4. Исключен Законом РК от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2).
5. Исключен Законом РК от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2).

6. Действия, предусмотренные частями первой, второй и третьей настоящей статьи, совершенные лицами, не имеющими права управления транспортными средствами, –

влекут административный арест на двадцать суток.

7. Действия, предусмотренные частью шестой настоящей статьи, совершенные повторно в течение года после истечения срока административного взыскания, предусмотренного частью шестой настоящей статьи, –

влекут административный арест на тридцать суток.

8. Действия, предусмотренные частями шестой и седьмой настоящей статьи, совершенные лицами, к которым административный арест в соответствии с частью второй статьи 50 настоящего Кодекса не применяется, –

влекут штраф в размере двухсот месячных расчетных показателей.

Сноска. Статья 608 с изменениями, внесенными Законом РК от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2).

Статья 609. Осуществление регулярных автомобильных перевозок пассажиров и багажа без соответствующего свидетельства, подтверждающего право обслуживания маршрутов указанных перевозок

Сноска. Статья 609 исключена Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 610. Нарушение водителями транспортных средств правил дорожного движения, повлекшее причинение вреда здоровью людей, повреждение транспортных средств или иного имущества

Сноска. Заголовок статьи 610 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Нарушение водителями транспортных средств правил дорожного движения, повлекшее повреждение транспортных средств, грузов, дорог, дорожных и других сооружений или иного имущества, причинившее материальный ущерб, –

влечет штраф в размере двадцати месячных расчетных показателей или лишение права управления транспортным средством на срок до шести месяцев.

2. То же действие, повлекшее причинение потерпевшему легкого вреда здоровью, –

влечет штраф в размере сорока месячных расчетных показателей или лишение права управления транспортным средством на срок до девяти месяцев.

3. Действия, предусмотренные частями первой и второй настоящей статьи, совершенные лицом, не имеющим либо лишенным права управления транспортным средством, –

влекут штраф в размере шестидесяти месячных расчетных показателей.

Сноска. Статья 610 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 611. Невыполнение водителем обязанностей в связи с дорожно-транспортным происшествием

1. Невыполнение водителем обязанностей, предусмотренных законодательством Республики Казахстан в сфере дорожного движения, в связи с дорожно-транспортным происшествием, участником которого он является, за исключением случаев, предусмотренных частью второй настоящей статьи, –

влечет штраф в размере пяти месячных расчетных показателей.

2. Оставление водителем в нарушение правил дорожного движения места дорожно-транспортного происшествия, участником которого он являлся, –

влечет штраф в размере пятидесяти месячных расчетных показателей либо лишение права управления транспортными средствами на срок один год.

3. Действие, предусмотренное частью второй настоящей статьи, совершенное лицом, лишенным права управления транспортным средством либо не имеющим права управления транспортными средствами, –

влечет штраф в размере ста месячных расчетных показателей либо административный арест на тридцать суток.

Примечание. Лицо, оставившее место дорожно-транспортного происшествия в связи с оказанием медицинской помощи пострадавшему, освобождается от ответственности по настоящей статье.

Сноска. Статья 611 с изменением, внесенным Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 612. Управление транспортным средством лицом без документов и не имеющим права управления

1. Управление транспортным средством водителем, не имеющим при себе водительского удостоверения или временного удостоверения, выданного взамен водительского удостоверения на право управления, за исключением выданных в Республике Казахстан в случае наличия при себе документа, удостоверяющего личность водителя; регистрационных документов на транспортное средство, за исключением выданных в Республике Казахстан; иных установленных законодательством документов на транспортное средство, –

влечет предупреждение либо штраф в размере пяти месячных расчетных показателей.

2. Управление транспортным средством лицом, не имеющим права управления им (кроме учебной езды), а равно управление транспортным средством водителем, не имеющим права управления соответствующей категорией транспорта, –

влекут штраф в размере двадцати месячных расчетных показателей.

3. Управление транспортным средством водителем, лишенным права управления транспортным средством, –

влечет штраф в размере пятидесяти месячных расчетных показателей либо административный арест на десять суток.

4. Действия, предусмотренные частью второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере тридцати месячных расчетных показателей.

4-1. Действия, предусмотренные частью третьей настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере семидесяти месячных расчетных показателей либо административный арест на пятнадцать суток.

5. Передача управления транспортным средством лицу, не имеющему права управления (за исключением случаев обучения вождению в соответствии с установленными правилами), либо лицу, лишенному права управления транспортным средством, –

влечет штраф в размере пятидесяти месячных расчетных показателей.

6. Действие, предусмотренное частью пятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере семидесяти месячных расчетных показателей.

Сноска. Статья 612 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.07.2018 № 166-VI (вводится в действие с 01.01.2019); от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 01.02.2021 № 1-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 613. Невыполнение требований сотрудника органов внутренних дел (полиции), транспортного контроля на пунктах пропуска автотранспортных средств через Государственную границу Республики Казахстан и на постах транспортного контроля на территории Республики Казахстан, военной полиции, уклонение от прохождения освидетельствования на состояние алкогольного, наркотического и (или) токсикоманического опьянения

1. Невыполнение законного требования сотрудника органов внутренних дел (полиции), военной полиции (исключительно лицом, управляющим транспортным средством органов национальной безопасности, Вооруженных Сил Республики Казахстан, других войск и воинских формирований Республики Казахстан), органов транспортного контроля на постах транспортного контроля на территории Республики Казахстан об остановке транспортного средства –

влечет штраф в размере сорока месячных расчетных показателей либо административный арест на срок до трех суток.

2. Исключен Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

3. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет лишение права на управление транспортными средствами сроком на один год и административный арест на срок до пяти суток.

3-1. Действие, предусмотренное частью первой настоящей статьи, совершенное лицом, не имеющим права управления либо лишенным права управления транспортными средствами, –

влечет штраф в размере шестидесяти месячных расчетных показателей либо административный арест на срок до пятнадцати суток.

4. Невыполнение законного требования сотрудника органов внутренних дел (полиции), военной полиции (исключительно лицом, управляющим транспортным средством органов национальной безопасности, Вооруженных Сил Республики Казахстан, других войск и воинских формирований Республики Казахстан) о прохождении в соответствии с установленным порядком освидетельствования на состояние алкогольного, наркотического и (или) токсикоманического опьянения –

влечет административный арест на пятнадцать суток и лишение права управления транспортным средством сроком на восемь лет.

5. Действие, предусмотренное частью четвертой настоящей статьи, совершенное повторно в течение года после истечения срока административного взыскания, –

влечет административный арест на двадцать суток и лишение права управления транспортным средством сроком на девять лет.

6. Исключен Законом РК от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2).
7. Исключен Законом РК от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2).
8. Исключен Законом РК от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2).

9. Действие, предусмотренное частью четвертой настоящей статьи, совершенное лицами, не имеющими права управления транспортными средствами, –

влечет административный арест на двадцать пять суток.

10. Действие, предусмотренное частью девятой настоящей статьи, совершенное повторно в течение года после истечения срока административного взыскания, предусмотренного частью девятой настоящей статьи, –

влечет административный арест на тридцать суток.

11. Действия, предусмотренные частями девятой и десятой настоящей статьи, совершенные лицами, к которым административный арест в соответствии с частью второй статьи 50 настоящего Кодекса не применяется, –

влекут штраф в размере двухсот месячных расчетных показателей.

12. Оставление водителем кабины (салона) транспортного средства в случае его остановки сотрудником органов внутренних дел (полиции), военной полиции (исключительно лицом, управляющим военным транспортным средством) без его разрешения, а также невыполнение требований о выходе из кабины (салона) транспортного средства –

влекут штраф на водителя в размере пяти месячных расчетных показателей.

13. Действия, предусмотренные частью двенадцатой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на водителя в размере десяти месячных расчетных показателей.

Примечание. Требование сотрудников органов внутренних дел (полиции), транспортного контроля, военной полиции в форменной одежде об остановке транспортного средства выражается путем подачи сигнала жестом руки или жезлом с одновременным сигналом свистка либо с помощью громкоговорящего устройства. Сигналы должны быть понятны водителю и поданы своевременно с тем, чтобы их исполнение не создало аварийную обстановку.

Сноска. Статья 613 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 03.07.2017 № 83-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 614. Создание препятствий для движения транспортных средств

Умышленное создание препятствий для движения транспортных средств –

влекут штраф на физических лиц в размере трех, на должностных лиц – в размере десяти месячных расчетных показателей.

Сноска. Статья 614 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 615. Нарушение правил движения пешеходами и иными участниками дорожного движения

1. Невыполнение пешеходами и иными участниками дорожного движения требований правил дорожного движения –

влечет штраф в размере двух месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, повлекшее причинение потерпевшему вреда здоровью, не имеющее признаков уголовно наказуемого деяния либо причинившее материальный ущерб, –

влечет штраф в размере десяти месячных расчетных показателей.

3. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере десяти месячных расчетных показателей.

4. Действие, предусмотренное частью второй настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере двадцати месячных расчетных показателей или административный арест на трое суток.

Примечание ИЗПИ!
В примечание предусмотрено изменение Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Примечание. Под иными участниками дорожного движения в настоящей статье следует понимать лиц, управляющих мопедами, велосипедами и гужевыми повозками, погонщиков, ведущих по дороге вьючных, верховых животных или стадо, а также пассажиров транспортных средств.

Сноска. Статья 615 с изменениями, внесенными законами РК от 03.07.2017 № 84-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 616. Нарушение правил организации и проведения обязательного технического осмотра механических транспортных средств и прицепов к ним

1. Нарушение правил организации и проведения обязательного технического осмотра механических транспортных средств и прицепов к ним, совершенное в виде:

1) выдачи диагностической карты технического осмотра с указанием параметров, не соответствующих техническому состоянию механических транспортных средств и прицепов к ним, установленному при проведении проверки деятельности оператора технического осмотра;

Примечание ИЗПИ!
Подпункт 2) предусмотрено исключить Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

2) необоснованного отказа в проведении обязательного технического осмотра;

Примечание ИЗПИ!
Подпункт 3) предусмотрено исключить Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

3) непредставления сведений в единую информационную систему обязательного технического осмотра механических транспортных средств и прицепов к ним;

Примечание ИЗПИ!
Подпункт 4) предусмотрено исключить Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

4) неуведомления либо несвоевременного уведомления об изменении места нахождения центра технического осмотра;

Примечание ИЗПИ!
Подпункт 5) предусмотрено исключить Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

5) неинформирования населения о графике проведения обязательного технического осмотра в регионе деятельности;

Примечание ИЗПИ!
Подпункт 6) предусмотрено исключить Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

6) нарушения графика проведения обязательного технического осмотра;

7) выдачи оператором технического осмотра диагностической карты технического осмотра без проведения обязательного технического осмотра;

8) проведения обязательного технического осмотра без использования контрольно-диагностического оборудования либо с неисправным и (или) не прошедшим поверку контрольно-диагностическим оборудованием;

9) необеспечения оператором технического осмотра архивного хранения видеофайлов ежедневной записи в течение шести месяцев со дня проведения обязательного технического осмотра;

10) отсутствия видеофиксации процедуры проведения обязательного технического осмотра либо фотофиксации транспортного средства в диагностической карте технического осмотра;

Примечание ИЗПИ!
Подпункт 11) предусмотрено исключить Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

11) составления и выдачи диагностической карты технического осмотра, несоответствующей утвержденной форме;

12) невнесения, а равно внесения недостоверных и (или) неполных сведений в единую информационную систему обязательного технического осмотра механических транспортных средств и прицепов к ним;

13) несоответствия производственного помещения и территории центра технического осмотра требованиям, установленным национальными стандартами, –

Примечание ИЗПИ!
Абзац второй части первой предусмотрен в редакции Закона РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

влечет штраф на субъектов малого предпринимательства в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

2. Совмещение оказания услуг по проведению обязательного технического осмотра и ремонту, техническому обслуживанию механических транспортных средств и прицепов к ним –

Примечание ИЗПИ!
В абзац второй части второй предусмотрено изменение Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

влечет штраф на должностных лиц, субъектов малого предпринимательства в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей, с исключением из реестра операторов технического осмотра.

3. Оказание услуг по ремонту и техническому обслуживанию механических транспортных средств и прицепов к ним на территории центра технического осмотра –

влечет штраф на должностных лиц, субъектов малого предпринимательства в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

Примечание ИЗПИ!
В часть четвертую предусмотрены изменения Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

4. Предоставление заведомо недостоверной информации при включении в реестр операторов технического осмотра –

влечет штраф на должностных лиц, субъектов малого предпринимательства в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей, с исключением из реестра операторов технического осмотра.

5. Деяния, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

Примечание ИЗПИ!
Абзац второй части пятой предусмотрен в редакции Закона РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

влечет штраф на должностных лиц, субъектов малого предпринимательства в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей, с исключением из реестра операторов технического осмотра.

Сноска. Статья 616 с изменением, внесенным Законом РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

Статья 617. Выпуск в эксплуатацию транспортных средств, имеющих технические неисправности, и иные нарушения правил эксплуатации

1. Невыполнение лицами, ответственными за техническое состояние и эксплуатацию транспортных средств, требований, установленных правил обеспечения безопасности дорожного движения, за исключением случаев, предусмотренных статьей 619 настоящего Кодекса, –

влечет штраф на должностных лиц, субъектов малого предпринимательства в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере сорока месячных расчетных показателей.

2. Те же действия, повлекшие причинение потерпевшему легкого вреда здоровью или повреждение транспортных средств, грузов, дорожных или иных сооружений либо иного имущества, –

влекут штраф на должностных лиц, субъектов малого предпринимательства в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

Сноска. Статья 617 с изменениями, внесенными Законом РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).

Статья 618. Признание либо выдача сертификатов или иных документов, подтверждающих соответствие транспортных средств, в нарушение установленных норм в области обеспечения требований к безопасности транспортных средств

Сноска. Заголовок статьи 618 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Признание либо выдача сертификатов или иных документов, подтверждающих соответствие транспортных средств в нарушение установленных норм в области обеспечения требований к безопасности транспортных средств, явившихся основанием для их допуска к участию в дорожном движении, –

влечет штраф в размере двухсот месячных расчетных показателей с лишением права занятия этой деятельностью на срок один год.

2. Действия, предусмотренные частью первой настоящей статьи, повлекшие повреждение транспортных средств или иного имущества, –

влекут штраф в размере трехсот месячных расчетных показателей с лишением права занятия этой деятельностью на срок два года.

3. Действия, предусмотренные частью первой настоящей статьи, повлекшие причинение телесного повреждения легкой и средней тяжести, –

влекут штраф в размере пятисот месячных расчетных показателей с лишением права занятия этой деятельностью на срок три года.

Сноска. Статья 618 с изменениями, внесенными законами РК от 29.12.2014 № 272-V. (вводится в действие 01.01.2015); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 619. Допуск к управлению транспортным средством водителя, не имеющего либо лишенного права управления транспортными средствами, а равно соответствующей категории

1. Допуск лицом, ответственным за техническое состояние и эксплуатацию транспортных средств, к управлению транспортным средством водителя, не имеющего либо лишенного права управления транспортным средством, а равно соответствующей категории, –

влечет штраф на физических лиц в размере двадцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. То же действие, повлекшее причинение потерпевшему легкого вреда здоровью или повреждение транспортных средств, грузов, дорожных или иных сооружений либо иного имущества, –

влечет штраф на физических лиц в размере пятидесяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере семидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

Статья 619-1. Допуск к управлению транспортным средством водителя, находящегося в состоянии опьянения

1. Допуск лицом, ответственным за техническое состояние и эксплуатацию транспортных средств, к управлению транспортным средством водителя, находящегося в состоянии алкогольного, наркотического или токсикоманического опьянения, –

влечет штраф на должностных лиц, субъектов малого предпринимательства или некоммерческие организации в размере сорока, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере шестидесяти месячных расчетных показателей.

2. То же действие, повлекшее причинение потерпевшему легкого вреда здоровью или повреждение транспортных средств, грузов, дорожных или иных сооружений либо иного имущества, –

влечет штраф на физических лиц в размере семидесяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Сноска. Глава 30 дополнена статьей 619-1 в соответствии с Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).
Примечание ИЗПИ!
Статья 620 предусмотрена в редакции Закона РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 620. Нарушение иных требований, предъявляемых к участникам дорожного движения

Нарушение требований правил дорожного движения, основных положений по допуску транспортных средств к эксплуатации, не перечисленных в настоящей главе Кодекса, –

влечет предупреждение или штраф в размере трех месячных расчетных показателей.

Примечание. При составлении протокола указывается, какая именно норма правил дорожного движения нарушена.

Сноска. Статья 620 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 621. Нарушение правил перевозки опасных веществ или предметов на транспорте

1. Нарушение на железнодорожном транспорте правил перевозки опасных веществ или предметов ручной клади –

влечет предупреждение или штраф в размере одного месячного расчетного показателя.

2. Нарушение на морском и речном транспорте правил перевозки опасных веществ или предметов, а также невыполнение должностными лицами обязанностей по регистрации в соответствующих документах операций с опасными веществами или предметами, внесение неверных записей или незаконный отказ предъявить такие документы соответствующим должностным лицам –

влекут предупреждение или штраф в размере десяти месячных расчетных показателей.

3. Нарушение на воздушных судах правил перевозки опасных веществ или предметов –

влечет штраф в размере десяти месячных расчетных показателей с конфискацией указанных веществ и предметов.

4. Провоз в автобусе, трамвае, троллейбусе, маршрутном такси взрывоопасных веществ или предметов, а также сдача их в багаж или в камеру хранения на автотранспорте –

влекут штраф в размере трех месячных расчетных показателей.

Статья 622. Нарушение правил пользования общественным городским и пригородным транспортом

1. Нарушение правил пользования трамваем, троллейбусом, автобусом городского и пригородного сообщения или такси, совершенное в виде проезда на подножках и других выступающих частях транспортного средства, входа и выхода во время движения, препятствования открыванию и закрыванию дверей, перевозки режущих предметов без соответствующей упаковки, а также предметов и вещей, загрязняющих салон и одежду пассажиров, –

влечет штраф в размере одного месячного расчетного показателя.

2. Уклонение от оплаты за проезд на общественном транспорте –

влечет штраф в размере двух месячных расчетных показателей.

Сноска. Статья 622 в редакции Закона РК от 05.05.2015 № 312-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 623. Безбилетный провоз пассажиров

Безбилетный провоз пассажиров:

1) в поездах международного сообщения –

влечет штраф в размере семи месячных расчетных показателей;

2) в поездах внутриреспубликанского сообщения –

влечет штраф в размере пяти месячных расчетных показателей;

3) в трамвае, троллейбусе, автобусе городского и пригородного сообщения и маршрутном такси –

влечет штраф в размере пяти месячных расчетных показателей;

4) в автобусе международного, междугородного межобластного, межрайонного (междугородного внутриобластного) и внутрирайонного сообщения –

влечет штраф в размере семи месячных расчетных показателей.

Сноска. Статья 623 в редакции Закона РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 624. Нарушение правил организации продажи проездных документов (билетов) на железнодорожном транспорте

Сноска. Статья 624 исключена Законом РК от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 624-1. Нарушение правил организации продажи проездных документов (билетов) на железнодорожном транспорте в Республике Казахстан

1. Нарушение правил организации продажи проездных документов (билетов) на железнодорожном транспорте в Республике Казахстан, совершенное в виде перепродажи, незаконной продажи проездных документов (билетов) на железнодорожном транспорте, а равно оказание содействия в перепродаже, незаконной продаже проездных документов (билетов) на железнодорожном транспорте –

влекут штраф на физических лиц в размере ста, на субъектов малого предпринимательства – в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере двухсот пятидесяти месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двухсот, на субъектов малого предпринимательства – в размере трехсот, на субъектов среднего предпринимательства – в размере четырехсот, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

Сноска. Глава 30 дополнена статьей 624-1 в соответствии с Законом РК от 27.12.2019 № 295-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 625. Нарушение правил обеспечения сохранности грузов на железнодорожном, морском, речном и автомобильном транспорте

1. Повреждение подвижного состава, контейнеров, плавучих и других транспортных средств, предназначенных для перевозки грузов, а также перевозочных приспособлений –

влечет штраф в размере пяти месячных расчетных показателей.

2. Повреждение пломб и запорных устройств грузовых вагонов, автомобилей, автомобильных прицепов, контейнеров, трюмов и других грузовых помещений плавучих средств, срыв с них пломб, повреждение отдельных грузовых мест и их упаковки, пакетов, ограждений грузовых дворов, железнодорожных станций, грузовых автомобильных станций, контейнерных пунктов (площадок), портов (пристаней) и складов, которые используются для выполнения операций, связанных с грузовыми перевозками, а также пребывание без надлежащего разрешения на территории грузовых дворов, контейнерных пунктов (площадок), грузовых районов (участков), портов (пристаней), шлюзов и указанных выше складов –

влекут штраф в размере десяти месячных расчетных показателей.

Статья 626. Нарушение правил по обеспечению сохранности грузов на воздушном транспорте

1. Повреждение пломб и запорных устройств контейнеров, срыв с них пломб, повреждение отдельных грузовых мест и их упаковки, пакетов, а также ограждений складов, которые используются для выполнения операций, связанных с перевозкой грузов на воздушном транспорте, –

влекут штраф в размере десяти месячных расчетных показателей.

2. Повреждение контейнеров и транспортных средств, предназначенных для перевозки грузов на воздушном транспорте, –

влечет штраф в размере десяти месячных расчетных показателей.

Статья 627. Нарушение правил эксплуатации тракторов, иных самоходных машин и оборудования

Нарушение правил эксплуатации тракторов, иных самоходных машин и оборудования, за исключением правил, предусмотренных статьями 333, 334, 590, 610, 612, 617, 619 настоящего Кодекса, –

влечет штраф на физических лиц в размере трех месячных расчетных показателей.

Статья 628. Несвоевременная уплата за проезд по платным автомобильным дорогам (участкам)

Несвоевременная уплата за проезд по платным автомобильным дорогам (участкам) –

влечет штраф на физических лиц в размере пяти, на юридических лиц – в размере десяти месячных расчетных показателей.

Статья 629. Систематическое нарушение правил эксплуатации и дорожного движения физическими лицами, управляющими транспортными средствами

Сноска. Статья 629 исключена Законом РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).

Статья 630. Повреждение дорог, железнодорожных переездов и других дорожных сооружений

1. Повреждение дорог, железнодорожных переездов и других сооружений или технических средств регулирования дорожного движения, в том числе путем загрязнения дорожного покрытия либо прогона животных вне специально отведенных мест и по дорогам с усовершенствованным покрытием, а также ограничение видимости средств регулирования дорожного движения вследствие установки различных сооружений или посадки зеленых насаждений, или несвоевременной их подрезки –

влекут штраф на физических лиц в размере двух, на должностных лиц, субъектов малого предпринимательства – в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

Примечание ИЗПИ!
Статью 630 предусмотрено дополнить частью 1-1 в соответствии с Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

2. Нарушения, предусмотренные частью первой настоящей статьи, повлекшие дорожно-транспортное происшествие с причинением потерпевшему легкого вреда здоровью, повреждением транспортных средств, грузов или иного имущества, –

влекут штраф на физических лиц в размере пяти, на должностных лиц, субъектов малого предпринимательства – в размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Примечание ИЗПИ!
Статью 630 предусмотрено дополнить частью третьей в соответствии с Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).
Сноска. Статья 630 изменениями, внесенными Законом РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).

Статья 631. Невыполнение требований по производству работ на дорогах, содержанию дорог, железнодорожных переездов и других дорожных сооружений

Сноска. Заголовок статьи 631 в редакции Закона РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Невыполнение требований по производству работ на дорогах, содержанию дорог, железнодорожных переездов и других дорожных сооружений, иных требований, установленных законодательством Республики Казахстан в области дорожного движения, –

влечет штраф на физических лиц в размере двух, на должностных лиц, субъектов малого предпринимательства – в размере десяти, на субъектов среднего предпринимательства – в размере пятнадцати, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

Примечание ИЗПИ!
Статью 631 предусмотрено дополнить частью 1-1 в соответствии с Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

2. Действия, предусмотренные частью первой настоящей статьи, повлекшие дорожно-транспортное происшествие с причинением здоровью потерпевшего легкого вреда, повреждением транспортных средств, грузов, дорог, дорожных и других сооружений или иного имущества, –

влекут штраф на должностных лиц, субъектов малого предпринимательства в размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

Примечание ИЗПИ!
Статью 631 предусмотрено дополнить частью третьей в соответствии с Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).
Сноска. Статья 631 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 632. Невыполнение требований законодательства Республики Казахстан по содержанию смотровых колодцев подземных коммуникаций, создающее угрозу безопасности дорожного движения

1. Невыполнение требований законодательства Республики Казахстан по содержанию смотровых колодцев подземных коммуникаций, находящихся на дорогах, а равно непринятие мер к устранению неисправностей подземных коммуникаций, приводящих к выходу на поверхность дороги воды, технических жидкостей, пара и образованию по этой причине разрушений дорожного полотна, наледей, ограничений видимости и других препятствий, –

влекут штраф на должностных лиц, субъектов малого предпринимательства или некоммерческие организации в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

Примечание ИЗПИ!
Статью 632 предусмотрено дополнить частью 1-1 в соответствии с Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, повлекшее дорожно-транспортное происшествие с причинением легкого вреда здоровью людей, повреждением транспортных средств, грузов и иного имущества, –

влечет штраф на должностных лиц, субъектов малого предпринимательства или некоммерческие организации в размере пятнадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере сорока месячных расчетных показателей.

Примечание ИЗПИ!
Статью 632 предусмотрено дополнить частью третьей в соответствии с Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).
Сноска. Статья 632 в редакции Закона РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 633. Нарушение правил охраны и пользования полосой отвода автомобильных дорог

1. Распашка резервов земли, вырубка, раскорчевка и повреждение насаждений, снятие дерна и выемка грунта, складирование материалов и грузов, производство топографических и других работ, оборудование перекрестков и въездов, возведение сооружений, подземных и наземных построек или коммуникаций, установка рекламной и иной информации в полосе отвода автомобильных дорог без согласования в установленном порядке, а также разведение огня, выпас скота, свалка мусора и снега, торговля вне установленных мест в пределах полосы отвода, сброс канализационных, промышленных, мелиоративных и сточных вод в систему дорожного водоотвода либо использование дорожных кюветов как оросителей –

влекут штраф на физических лиц в размере трех, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Нарушения, предусмотренные частью первой настоящей статьи, повлекшие дорожно-транспортные происшествия с нанесением легких телесных повреждений людям, повреждением транспортных средств или иного имущества либо совершенные повторно в течение года после наложения административного взыскания, предусмотренного частью первой настоящей статьи, –

влекут штраф на физических лиц в размере пяти, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати пяти, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

Статья 634. Нарушение землепользователями правил эксплуатации и охраны автомобильных дорог и дорожных сооружений

Невыполнение обязанностей по устройству, ремонту и регулярной очистке пешеходных дорожек и переходных (переездных) мостиков, систем орошения, допускающих подтапливание автомобильных дорог и заболачивание полосы отвода, находящихся на закрепленных за землепользователями участках, прилегающих к полосе отвода автомобильных дорог, а также обязанностей по содержанию в технически исправном состоянии и чистоте выездов с закрепленных за этими пользователями участков или подъездных путей на автомобильную дорогу общего пользования, включая переездные мостики, –

влечет штраф на физических лиц в размере трех, на субъектов малого предпринимательства или некоммерческие организации – в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

Статья 635. Нарушение правил охраны магистральных трубопроводов

1. Нарушение правил охраны магистральных трубопроводов –

влечет предупреждение на физических лиц, штраф на субъектов малого предпринимательства или некоммерческие организации – в размере семи, на субъектов среднего предпринимательства – в размере семнадцати, на субъектов крупного предпринимательства – в размере двадцати семи месячных расчетных показателей.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере одного, на субъектов малого предпринимательства или некоммерческие организации – в размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного предпринимательства – в размере тридцати месячных расчетных показателей.

3. Непредставление, а также несвоевременное представление в уполномоченный орган в области углеводородов данных по транспортировке нефти, необходимых для ведомственного статистического наблюдения или административного учета, в соответствии с законодательством Республики Казахстан о недрах и недропользовании –

влекут штраф на субъектов малого предпринимательства в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере восьмидесяти месячных расчетных показателей.

Сноска. Статья 635 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Глава 31. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В
ОБЛАСТИ ИНФОРМАТИЗАЦИИ И СВЯЗИ

Статья 636. Незаконное подключение оконечных устройств (оборудования) к сетям электросвязи

Сноска. Статья 636 исключена Законом РК от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 637. Нарушение законодательства Республики Казахстан в области связи

1. Нарушение законодательства Республики Казахстан в области связи, совершенное в виде:

1) необоснованного отказа доминирующего оператора связи от заключения договора присоединения либо установления доминирующим оператором связи заведомо ограничительных условий на присоединение или прокладку линий связи;

2) нарушения сроков присоединения сетей телекоммуникаций к сети телекоммуникаций общего пользования, предусмотренных законодательством Республики Казахстан в области связи;

3) нарушения операторами связи уровней присоединения сетей телекоммуникаций, включая пропуск трафика и порядок взаиморасчетов;

4) исключен Законом РК от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

5) несоблюдения оператором связи размеров единиц тарификации;

6) исключен Законом РК от 28.12.2017 № 128-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования);
7) исключен Законом РК от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).
8) исключен Законом РК от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

9) использования радиочастотного спектра при несоответствии технических параметров радиоэлектронных средств данным, указанным в разрешении на использование радиочастотного спектра Республики Казахстан;

9-1) исключен Законом РК от 28.12.2017 № 128-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования);
9-2) исключен Законом РК от 28.12.2017 № 128-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования);

9-3) нарушения операторами связи правил применения сертификата безопасности;

9-4) нарушения порядка функционирования системы централизованного управления сетями телекоммуникаций Республики Казахстан;

9-5) предоставления оператором связи доступа к информации, запрещенной вступившим в законную силу решением суда или законами Республики Казахстан;

9-6) подмены сетевых адресов;

10) несоблюдения операторами связи, оператором централизованной базы данных абонентских номеров правил переноса абонентского номера в сетях сотовой связи;

11) невыполнения оператором сотовой связи обязанности по предоставлению оператору централизованной базы данных абонентских номеров информации об абонентских номерах сотовой связи;

12) исключен Законом РК от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

13) несоблюдения операторами почты установленных требований по организации обслуживания пользователей и порядка проведения операционного дня;

14) нарушения операторами почты установленных требований по порядку приема и вручения почтовых отправлений, а также их оформления, которые привели к утрате почтового отправления;

15) нарушения операторами почты требований по установлению на почтовых сетях технических средств и оборудований, позволяющих выявить запрещенные предметы и вещества в почтовых отправлениях;

16) необеспечения операторами связи и владельцами сетей оптимизации собственных сетей связи, включая своевременное реагирование и принятие мер с целью снижения распространения радиосигнала на территории учреждений уголовно-исполнительной системы;

17) нарушения операторами связи правил оказания услуг связи, –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Деяния, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двадцати, на должностных лиц, субъектов малого предпринимательства в размере сорока, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

3. Нарушение обязанности по сбору и хранению служебной информации об абонентах и (или) пользователях услуг связи –

влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

4. Действие, предусмотренное частью третьей настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на субъектов малого предпринимательства в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

5. Невыполнение оператором связи и (или) владельцем сети связи обязанностей по обеспечению органов, осуществляющих оперативно-розыскную, контрразведывательную деятельность на сетях связи, организационными и техническими возможностями проведения оперативно-розыскных, контрразведывательных мероприятий на всех сетях связи, а также принятию мер по недопущению раскрытия форм и методов проведения оперативно-розыскных, контрразведывательных мероприятий –

влечет штраф на субъектов малого предпринимательства – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

6. Невыполнение оператором связи и (или) владельцем сети связи обязанностей по обеспечению органам, осуществляющим оперативно-розыскную, контрразведывательную деятельность на сетях связи, доступа к служебной информации об абонентах, а также принятию мер по недопущению раскрытия форм и методов проведения оперативно-розыскных, контрразведывательных мероприятий –

влечет штраф на субъектов малого предпринимательства – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

7. Невыполнение оператором связи и (или) владельцем сети связи обязанности по обеспечению функций своего телекоммуникационного оборудования для технического проведения оперативно-розыскных, контрразведывательных мероприятий в соответствии с требованиями к сетям и средствам связи –

влечет штраф на субъектов малого предпринимательства – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере пятисот месячных расчетных показателей.

8. Действия, предусмотренные частями шестой, седьмой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут приостановление лицензии на предоставление услуг в области связи.

9. Невыполнение оператором сотовой связи обязательств по обеспечению услугами связи населенных пунктов и (или) территорий, указанных в разрешении на использование радиочастотного спектра Республики Казахстан, –

влечет лишение разрешения на использование радиочастотного спектра.

10. Неиспользование радиочастотного спектра в течение одного года –

влечет лишение разрешения на использование радиочастотного спектра.

11. Невыполнение оператором сотовой связи обязанности по обеспечению переноса абонентских номеров в сетях сотовой связи –

влечет штраф на субъектов малого предпринимательства – в размере пятисот, на субъектов среднего предпринимательства – в размере тысячи, на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.

12. Нарушение правил присвоения полос частот, радиочастот (радиочастотных каналов), эксплуатации радиоэлектронных средств и высокочастотных устройств, а также проведения расчета электромагнитной совместимости радиоэлектронных средств гражданского назначения –

влечет предупреждение или штраф на физических лиц в размере пяти, на должностных лиц, индивидуальных предпринимателей в размере двадцати, на субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере восьмидесяти месячных расчетных показателей.

13. Действия, предусмотренные частью двенадцатой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере десяти, на должностных лиц, индивидуальных предпринимателей – в размере сорока, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере шестидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

14. Предоставление пользователям услуг связи не соответствующих по качеству стандартам, техническим нормам и показателям качества услуг связи –

влечет штраф на физических лиц в размере десяти, на субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере тысячи месячных расчетных показателей.

15. Деяние, предусмотренное частью четырнадцатой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере двадцати, на субъектов малого предпринимательства – в размере сорока, на субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов крупного предпринимательства – в размере тысячи пятисот месячных расчетных показателей.

Примечания.

1. Под радиоэлектронными устройствами в настоящем Кодексе понимаются технические средства, состоящие из одного или нескольких радиопередающих или радиоприемных устройств или их комбинаций и вспомогательного оборудования, предназначенные для передачи и приема радиоволн.

2. Под высокочастотными устройствами в настоящем Кодексе понимаются оборудование или приборы, предназначенные для генерирования и местного использования радиочастотной энергии в промышленных, научных, медицинских, бытовых целях, за исключением применения в области электросвязи.

3. Исключен Законом РК от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).
Сноска. Статью 637 с изменениями, внесенными законами РК от 24.11.2015 № 419-V (вводится в действие с 01.01.2016); от 09.04.2016 № 499-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2016 № 36-VІ (вводится в действие по истечении двух месяцев после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 128-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 638. Использование средств связи, подлежащих обязательному подтверждению соответствия, но не прошедших его

1. Использование в единой сети телекоммуникаций Республики Казахстан технических средств связи, а равно использование радиоэлектронных средств и высокочастотных устройств, являющихся источником электромагнитного излучения, технических средств почтовой связи, подлежащих обязательному подтверждению соответствия в области технического регулирования и не прошедших его, –

влекут предупреждение или штраф на физических лиц в размере пяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере шестидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов крупного предпринимательства – в размере двухсот пятидесяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере ста двадцати, на субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного предпринимательства – в размере трехсот пятидесяти месячных расчетных показателей, с конфискацией несертифицированных средств связи.

Сноска. Статья 638 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 639. Нарушение требований по эксплуатации средств защиты электронных информационных ресурсов

Примечание ИЗПИ!
В часть первую статьи 639 предусмотрено изменение Законом РК от 06.02.2023 № 195-VII (вводится в действие с 01.04.2023).

1. Нарушение требований по эксплуатации средств защиты электронных информационных ресурсов, совершенное в виде воспрепятствования работе или блокирования программных (программно-технических) средств государственной технической службы, а равно воспрепятствования работе сотрудников государственной технической службы с объектами информатизации, взаимодействующими с государственной технической службой, –

влечет предупреждение или штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Действия (бездействие), предусмотренные частью первой настоящей статьи, совершенные повторно или повлекшие возникновение инцидента информационной безопасности, –

влекут штраф на физических лиц в размере двадцати, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Сноска. Статья 639 в редакции Закона РК от 24.11.2015 № 419-V (вводится в действие с 01.01.2016).

Статья 640. Нарушение законодательства Республики Казахстан об электронном документе и электронной цифровой подписи

1. Отказ в принятии электронных документов в случаях, предусмотренных законами Республики Казахстан, –

влечет штраф на должностных лиц в размере двадцати, на юридических лиц – в размере пятидесяти месячных расчетных показателей.

2. Непринятие удостоверяющим центром необходимых мер для предотвращения утери, модификации и подделки находящихся на хранении открытых ключей электронной цифровой подписи –

влечет штраф в размере ста месячных расчетных показателей.

3. Необеспечение удостоверяющим центром защиты сведений о владельцах регистрационных свидетельств –

влечет штраф в размере ста месячных расчетных показателей.

4. Непринятие владельцем регистрационного свидетельства мер для защиты принадлежащего ему закрытого ключа электронной цифровой подписи от неправомерного доступа и использования, а также по хранению открытых ключей в порядке, установленном законодательством Республики Казахстан, –

влечет штраф в размере пятидесяти месячных расчетных показателей.

5. Незаконная передача закрытого ключа электронной цифровой подписи другим лицам –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере пятнадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере ста пятидесяти месячных расчетных показателей.

Сноска. Статья 640 в редакции Закона РК от 24.11.2015 № 419-V (вводится в действие с 01.01.2016).

Статья 641. Нарушение законодательства Республики Казахстан об информатизации

1. Нарушение законодательства Республики Казахстан об информатизации, совершенное в виде:

1) неосуществления или ненадлежащего осуществления собственником или владельцем информационных систем, содержащих персональные данные, собственником и (или) оператором базы, содержащей персональные данные, а также третьим лицом мер по их защите;

2) нарушения единых требований в области информационно-коммуникационных технологий и обеспечения информационной безопасности;

3) исключен Законом РК от 18.03.2019 № 237-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования);
4) исключен Законом РК от 11.12.2023 № 44-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

5) утраты оригиналов технической документации на бумажных носителях;

6) промышленной эксплуатации объекта информатизации "электронного правительства" без наличия акта с положительным результатом испытаний на соответствие требованиям информационной безопасности –

влечет штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере пятнадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

2. Неизготовление резервной копии государственных электронных информационных ресурсов –

влечет штраф на должностных лиц в размере тридцати, на юридических лиц – в размере восьмидесяти месячных расчетных показателей.

3. Действия (бездействие), предусмотренные частями первой и второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двадцати, на должностных лиц – в размере пятидесяти, на юридических лиц – в размере ста пятидесяти месячных расчетных показателей.

4. Использование электронных информационных ресурсов, содержащих персональные данные о физических лицах, в целях причинения им имущественного и (или) морального вреда, ограничения реализации прав и свобод, гарантированных законами Республики Казахстан, –

влечет предупреждение или штраф на физических лиц в размере десяти, на должностных лиц, субъектов малого предпринимательства или некоммерческие организации – в размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

5. Неоповещение собственником или владельцем критически важных объектов информационно-коммуникационной инфраструктуры Национального координационного центра информационной безопасности об инцидентах информационной безопасности и о результатах реагирования на них в порядке и сроки, которые определены правилами проведения мониторинга обеспечения информационной безопасности объектов информатизации "электронного правительства" и критически важных объектов информационно-коммуникационной инфраструктуры, если иное не установлено законодательными актами Республики Казахстан, –

влечет штраф на физических и должностных лиц в размере двадцати, на субъектов малого предпринимательства – в размере сорока, на субъектов среднего предпринимательства – в размере шестидесяти, на субъектов крупного предпринимательства – в размере ста месячных расчетных показателей.

6. Деяние, предусмотренное частью пятой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на физических и должностных лиц в размере сорока, на субъектов малого предпринимательства – в размере восьмидесяти, на субъектов среднего предпринимательства – в размере ста двадцати, на субъектов крупного предпринимательства – в размере двухсот месячных расчетных показателей.

Сноска. Статья 641 в редакции Закона РК от 24.11.2015 № 419-V (вводится в действие с 01.01.2016); с изменениями, внесенными законами РК от 28.12.2017 № 128-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 18.03.2019 № 237-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 25.06.2020 № 347-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 11.12.2023 № 44-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Глава 32. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ
ВОИНСКОЙ ОБЯЗАННОСТИ, ВОИНСКОЙ СЛУЖБЫ И ОБОРОНЫ

Статья 642. Непредставление или несвоевременное представление в местный орган военного управления списков граждан, подлежащих первоначальной постановке на воинский учет либо приписке к призывным участкам

Непредставление или несвоевременное представление в местный орган военного управления в установленный срок списков граждан, подлежащих первоначальной постановке на воинский учет либо приписке к призывным участкам, –

влечет штраф на должностных лиц организаций, учебных заведений, а также должностных лиц организаций, осуществляющих эксплуатацию жилых домов, и домовладельцев – в размере десяти, на первых руководителей организаций, учебных заведений – в размере пятнадцати, на субъектов малого предпринимательства – в размере двадцати, на субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного предпринимательства – в размере сорока месячных расчетных показателей.

Статья 643. Противоправные действия (бездействие), повлекшие неисполнение мероприятий гражданской обороны

Противоправные действия (бездействие), повлекшие неисполнение мероприятий гражданской обороны, –

влекут штраф в размере пятидесяти месячных расчетных показателей.

Статья 643-1. Нарушение законодательства Республики Казахстан в области мобилизационной подготовки

1. Нарушение законодательства Республики Казахстан в области мобилизационной подготовки, совершенное в виде:

1) отсутствия мобилизационных планов в государственных органах, акиматах области, города республиканского значения, столицы, района (города областного значения) и организациях, имеющих мобилизационные задания или мобилизационные заказы;

2) неисполнения мероприятий по созданию и сохранению страхового фонда технической документации на изделия вооружения и военной техники, важнейшую гражданскую продукцию, а также проектной документации на объекты повышенного риска, системы жизнеобеспечения населения и объекты, являющиеся национальным достоянием;

3) непроведения мероприятий по подготовке специальных формирований и техники, предназначенных при объявлении мобилизации к поставке в Вооруженные Силы Республики Казахстан, другие войска и воинские формирования, специальные государственные органы Республики Казахстан, а также в организации, выполняющие мобилизационные заказы;

4) непроведения мероприятий по созданию, накоплению, сохранению и обновлению запасов материальных ценностей мобилизационного резерва;

5) непроведения бронирования военнообязанных, –

влечет предупреждение или штраф на должностных лиц в размере тридцати, на субъектов малого предпринимательства или некоммерческие организации – в размере сорока, на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов крупного предпринимательства – в размере восьмидесяти месячных расчетных показателей.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф на должностных лиц в размере пятидесяти, на субъектов малого предпринимательства или некоммерческие организации – в размере шестидесяти, на субъектов среднего предпринимательства – в размере семидесяти, на субъектов крупного предпринимательства – в размере ста двадцати месячных расчетных показателей.

Сноска. Глава 32 дополнена статьей 643-1 в соответствии с Законом РК от 25.05.2020 № 332-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 644. Неоповещение граждан о вызове местного органа военного управления

Неоповещение руководителем или другим ответственным лицом организации, ответственным за военно-учетную работу граждан, о вызове местного органа военного управления, а равно необеспечение гражданам возможности своевременной явки по вызову местного органа военного управления –

влекут штраф в размере десяти месячных расчетных показателей.

Статья 645. Несвоевременное представление сведений об изменениях состава проживающих граждан, состоящих или обязанных состоять на воинском учете

Несвоевременное представление в органы, на которые возложено ведение воинского учета, сведений об изменениях состава постоянно проживающих граждан, состоящих или обязанных состоять на воинском учете, –

влечет штраф в размере десяти месячных расчетных показателей.

Статья 646. Несообщение сведений о военнообязанных, призывниках и гражданах

1. Несообщение в установленный срок должностным лицом органа социальной защиты населения о признании граждан, состоящих или обязанных состоять на воинском учете, лицами с инвалидностью, а также должностным лицом организаций здравоохранения сведений о военнообязанных и призывниках, находящихся на стационарном лечении и диспансерном учете, в местный орган военного управления –

влечет штраф в размере десяти месячных расчетных показателей.

2. Несообщение в установленный срок должностным лицом органа записи актов гражданского состояния в местный орган военного управления о внесении изменений в записи актов гражданского состояния граждан, состоящих или обязанных состоять на воинском учете, –

влечет штраф в размере десяти месячных расчетных показателей.

3. Несообщение руководителем или другим должностным лицом организации в орган, осуществляющий воинский учет, о принятых на работу (учебу) граждан, обязанных состоять, но не состоящих на воинском учете по месту жительства, –

влечет штраф в размере десяти месячных расчетных показателей.

4. Несообщение в установленный законодательством срок должностными лицами органов дознания и предварительного следствия, ответственными за уведомление о военнообязанных и призывниках, в отношении которых ведется дознание или предварительное следствие, в местный орган военного управления –

влечет штраф в размере десяти месячных расчетных показателей.

5. Несообщение в установленный законодательством срок должностными лицами судов, ответственными за уведомление местного органа военного управления о военнообязанных и призывниках, в отношении которых судом рассматриваются уголовные дела, а также о вступивших в законную силу в их отношении приговорах, –

влечет штраф в размере десяти месячных расчетных показателей.

Статья 647. Неисполнение гражданами обязанностей по воинскому учету

Неявка гражданина, состоящего или обязанного состоять на воинском учете, по вызову местного органа военного управления в указанный срок без уважительной причины либо прибытие в населенный пункт (административный район) на постоянное место жительства или место временного пребывания (на срок свыше трех месяцев), а также в служебные командировки, на учебу, в отпуск или на лечение (на срок свыше трех месяцев), обязанного в течение семи рабочих дней обратиться в Государственную корпорацию "Правительство для граждан" по месту прибытия с заявлением о постановке на воинский учет, –

влечет штраф в размере пяти месячных расчетных показателей.

Сноска. Статья 647 в редакции Закона РК от 17.11.2015 № 408-V (вводится в действие с 01.03.2016).

Статья 648. Уклонение от медицинского обследования или сборов

1. Уклонение от медицинского освидетельствования либо обследования по направлению комиссии по постановке граждан на воинский учет или призывной комиссии –

влечет штраф на военнообязанных в размере пяти месячных расчетных показателей, а на призывников – предупреждение либо штраф в размере трех месячных расчетных показателей.

2. Уклонение военнообязанных от воинских сборов –

влечет штраф в размере пяти месячных расчетных показателей.

Статья 649. Умышленная порча или утрата документов воинского учета

Умышленная порча или уничтожение военного билета или других учетно-воинских документов гражданина, подлежащего призыву на воинскую службу, а равно утрата военного билета или других учетно-воинских документов гражданина, подлежащего призыву на воинскую службу, по вине владельца –

влекут предупреждение или штраф в размере пяти месячных расчетных показателей.

Статья 650. Уклонение от подготовки к воинской службе

Уклонение от подготовки к воинской службе призывников по военно-техническим специальностям по направлению местных органов военного управления или непосещение занятий учебных организаций без уважительных причин -

влечет предупреждение или штраф в размере одного месячного расчетного показателя.

Статья 651. Незаконный призыв граждан на срочную воинскую службу и воинскую службу по контракту, предоставление им незаконных отсрочек

Незаконный призыв граждан на срочную воинскую службу и воинскую службу по контракту либо предоставление им незаконных отсрочек –

влечет штраф в размере семнадцати месячных расчетных показателей.

Статья 652. Нарушение законодательства Республики Казахстан в области воинской службы

Сноска. Заголовок статьи 652 в редакции Закона РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).

1. Оскорбление одним военнослужащим другого во время исполнения или в связи с исполнением обязанностей воинской службы –

влечет штраф в размере двадцати пяти месячных расчетных показателей или административный арест до десяти суток.

2. Действие, предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере пятидесяти месячных расчетных показателей или административный арест до пятнадцати суток.

3. Самовольное оставление части или места службы, а равно неявка в срок без уважительных причин на службу при увольнении из части, назначении, переводе, из командировки, отпуска или лечебного учреждения продолжительностью свыше двух суток, но не более десяти суток, совершенные военнослужащим, проходящим воинскую службу по призыву или по контракту, в мирное время, –

влекут штраф в размере двадцати пяти месячных расчетных показателей или административный арест на срок до десяти суток.

4. Действия, предусмотренные частью третьей настоящей статьи, продолжительностью свыше десяти суток, но не более одного месяца –

влекут штраф в размере пятидесяти месячных расчетных показателей или административный арест на срок до пятнадцати суток.

5. Нарушение лицом, входящим в состав войскового наряда по охране общественного порядка и обеспечению общественной безопасности, правил несения службы, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф в размере десяти месячных расчетных показателей либо административный арест до пяти суток.

6. Неповиновение, то есть открытый отказ от исполнения приказа начальника, а равно иное умышленное неисполнение подчиненным приказа начальника, отданного в установленном порядке, не причинившее

существенный вред интересам службы, –

влекут штраф в размере двадцати пяти месячных расчетных показателей или административный арест на срок до пятнадцати суток.

Сноска. Статья 652 с изменениями, внесенными Законом РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).

Статья 652-1. Неповиновение или иное неисполнение приказа

Сноска. Статья 652-1 исключена Законом РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).

Статья 652-2. Самовольное оставление части или места службы

Сноска. Статья 652-2 исключена Законом РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).

Статья 652-3. Нарушение правил несения службы по охране общественного порядка и обеспечению общественной безопасности

Сноска. Статья 652-3 исключена Законом РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).

Глава 33. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ
НА ИНСТИТУТ ГОСУДАРСТВЕННОЙ ВЛАСТИ

Статья 653. Проявление неуважения к суду

1. Неуважение к суду, выразившееся в неявке в суд без уважительных причин участников процесса и иных лиц по повестке, извещению, уведомлению или вызову в случаях, когда дальнейшее рассмотрение дела в их отсутствие представляется суду невозможным, неподчинении распоряжениям председательствующего в судебном заседании, нарушении установленных в суде правил, а также иные действия (бездействие), явно свидетельствующие о неуважении к суду и (или) судье, –

влекут предупреждение либо штраф в размере двадцати месячных расчетных показателей либо административный арест на срок до пяти суток.

2. Действия (бездействие), предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере тридцати месячных расчетных показателей либо административный арест на срок до десяти суток.

Примечание. Требования настоящей статьи не распространяются на действия (бездействие), в отношении которых могут быть применены меры процессуального принуждения в соответствии с Административным процедурно-процессуальным кодексом Республики Казахстан.

Сноска. Статья 653 дополнена примечанием в соответствии с Законом РК от 29.06.2020 № 351-VI (вводится в действие с 01.07.2021).

Статья 653-1. Проявление неуважения к Конституционному Суду

1. Неуважение к Конституционному Суду, выразившееся в неявке в Конституционный Суд без уважительных причин участников конституционного производства, иных лиц и органов, привлекаемых при рассмотрении обращения, их представителей по уведомлению или вызову в случаях, когда дальнейшее рассмотрение обращения в их отсутствие представляется невозможным, неподчинении распоряжениям председательствующего в заседании, нарушении установленных в Конституционном Суде правил, а также иные действия (бездействие), явно свидетельствующие о неуважении к Конституционному Суду и (или) судье Конституционного Суда, –

влекут предупреждение либо штраф в размере двадцати месячных расчетных показателей либо административный арест на срок до пяти суток.

2. Действия (бездействие), предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере тридцати месячных расчетных показателей либо административный арест на срок до десяти суток.

Сноска. Глава 33 дополнена статьей 653-1 в соответствии с Законом РК от 05.11.2022 № 158-VII (вводится в действие с 01.01.2023).

Статья 654. Ответственность участников производства по делу об административном правонарушении

Отказ или неявка участника производства в орган (к должностному лицу), рассматривающий дело об административном правонарушении, без уважительной причины, обусловившие отложение разбирательства по делу, –

влекут штраф в размере десяти месячных расчетных показателей.

Статья 655. Неявка в суд для исполнения обязанностей присяжного заседателя

Неявка гражданина без уважительной причины по вызову в суд для исполнения обязанностей присяжного заседателя –

влечет предупреждение или штраф на физических лиц в размере десяти месячных расчетных показателей.

Статья 656. Непредоставление информации для составления списков кандидатов в присяжные заседатели

Непредоставление информации, необходимой местным исполнительным органам для составления списков кандидатов в присяжные заседатели, а равно предоставление неверной информации –

влекут предупреждение или штраф в размере пятнадцати месячных расчетных показателей.

Статья 657. Невыполнение присяжным заседателем обязанностей, а также несоблюдение ограничений, связанных с рассмотрением дела в судебном разбирательстве

1. Невыполнение присяжным заседателем обязанностей, а также несоблюдение ограничений, связанных с рассмотрением дела в судебном разбирательстве, установленных законами Республики Казахстан, –

влекут штраф на физических лиц в размере десяти месячных расчетных показателей.

2. Те же действия, повлекшие отстранение присяжного заседателя от дальнейшего участия в рассмотрении дела, –

влекут штраф на физических лиц в размере двухсот месячных расчетных показателей.

Сноска. Статья 657 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 658. Отказ или уклонение свидетеля от дачи показаний

Отказ или неявка без уважительных причин лица, подлежащего опросу органом (должностным лицом), уполномоченным рассматривать дела об административном правонарушении, в качестве свидетеля от дачи показаний -

влечет штраф в размере двух месячных расчетных показателей.

Статья 659. Заведомо ложные показания свидетеля, потерпевшего, заключение эксперта или неправильный перевод

1. Заведомо ложные показания свидетеля, потерпевшего, заключение эксперта органу (должностному лицу) при рассмотрении дела об административном правонарушении и в ходе проведения экспертизы медицинской деятельности, а равно заведомо неправильный перевод, сделанный переводчиком в тех же случаях, –

влекут штраф на физических лиц в размере десяти, на должностных лиц – в размере двадцати месячных расчетных показателей.

2. Те же деяния, совершенные экспертами при проведении экспертизы медицинской деятельности повторно в течение года после наложения административного взыскания, –

влекут штраф на физических лиц в размере двадцати, на должностных лиц – в размере тридцати месячных расчетных показателей.

Примечание. Свидетель, потерпевший, эксперт или переводчик освобождаются от административной ответственности, если они добровольно в ходе рассмотрения дела об административном правонарушении до вынесения решения по делу уполномоченным на то органом (должностным лицом) заявили о ложности данных ими показаний, заключения или неправильном переводе.

Статья 660. Укрытие административного правонарушения и фальсификация доказательств по делам об административных правонарушениях

1. Умышленное непринятие мер по возбуждению производства по делу об административном правонарушении при наличии состава правонарушения в течение срока давности, совершенное должностным лицом, уполномоченным составлять протокол об административном правонарушении, если это действие не содержит признаков уголовно наказуемого деяния, –

влечет штраф в размере пятидесяти месячных расчетных показателей.

2. Фальсификация доказательств по делам об административных правонарушениях, если это действие не повлекло причинение вреда здоровью человека или значительный ущерб, –

влечет штраф в размере пятидесяти месячных расчетных показателей.

Сноска. Статья 660 в редакции Закона РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).

Статья 661. Отказ или уклонение должностного лица от выполнения постановления или поручения о проведении экспертизы либо требования о вызове специалиста

Отказ или неявка без уважительных причин должностного лица, которому направлено постановление или поручение органа государственного надзора и контроля, в проведении экспертизы либо от требования о вызове специалиста для участия в проведении контроля, производстве оформления документов, производстве по делу об административном правонарушении или его рассмотрении, от их выполнения –

влекут штраф в размере двадцати месячных расчетных показателей.

Статья 662. Нарушение личного поручительства о явке обвиняемого (подозреваемого)

Нарушение или невыполнение лицами данного ими письменного поручительства о явке обвиняемого (подозреваемого) к лицу, производящему дознание, следователю или в суд, повлекшее уклонение обвиняемого (подозреваемого) от следствия или суда, –

влечет штраф в размере трех месячных расчетных показателей.

Статья 663. Нарушение обязательства об обеспечении явки несовершеннолетнего обвиняемого (подозреваемого)

Нарушение родителями, опекуном, попечителем или представителем администрации специального закрытого детского учреждения данного ими письменного обязательства об обеспечении явки переданного под присмотр несовершеннолетнего обвиняемого (подозреваемого) к следователю, дознавателю или в суд, повлекшее его уклонение от следствия и суда, –

влечет штраф в размере одного месячного расчетного показателя.

Статья 664. Непринятие мер по частному определению, постановлению суда, представлению прокурора, следователя или дознавателя

Оставление должностным лицом без рассмотрения частного определения, постановления суда, представления прокурора, следователя или дознавателя либо непринятие мер к устранению указанных в них нарушений закона, а равно несвоевременный ответ на частное определение, постановление или представление –

влекут штраф в размере восьми месячных расчетных показателей.

Статья 664-1. Неисполнение постановления прокурора

1. Неисполнение постановления прокурора, если это действие (бездействие) не содержит признаков уголовно наказуемого деяния, –

влечет штраф в размере пятнадцати месячных расчетных показателей.

2. Действие (бездействие), предусмотренное частью первой настоящей статьи, совершенное повторно в течение года после наложения административного взыскания, –

влечет штраф в размере тридцати месячных расчетных показателей.

Сноска. Глава 33 дополнена статьей 664-1 в соответствии с Законом РК от 02.07.2021 № 63-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 665. Неявка к прокурору, следователю и в орган дознания, судебному исполнителю, судебному приставу

1. Неявка по вызову прокурора, следователя, органа дознания для дачи показаний, к судебному исполнителю, судебному приставу по вопросам исполнительного производства, а равно отказ от дачи или дача заведомо ложных показаний –

влекут штраф на физических лиц в размере трех, на должностных лиц – в размере десяти месячных расчетных показателей.

2. Невыполнение требований прокурора, следователя, дознавателя, предъявленных на основаниях и в порядке, установленных законом, –

влечет штраф на физических лиц в размере двадцати, на должностных лиц – в размере пятидесяти месячных расчетных показателей либо административный арест до пяти суток.

Статья 666. Неуведомление или несвоевременное уведомление прокурора

Неуведомление или несвоевременное уведомление прокурора о производстве государственным органом действий, требующих такого уведомления в соответствии с законодательными актами, –

влечет штраф в размере двухсот месячных расчетных показателей.

Статья 667. Неповиновение законному распоряжению или требованию сотрудника (военнослужащего) правоохранительного или специального государственного органа, органа военной полиции, государственной фельдъегерской службы, судебного пристава, судебного исполнителя

1. Неповиновение законному распоряжению или требованию сотрудника (военнослужащего) правоохранительного или специального государственного органа, органа военной полиции, государственной фельдъегерской службы, судебного пристава, судебного исполнителя в связи с исполнением ими служебных обязанностей, а равно воспрепятствование их законной деятельности –

влекут штраф в размере тридцати месячных расчетных показателей либо административный арест на срок до пятнадцати суток.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут административный арест на срок от пятнадцати до двадцати суток.

3. Действия, предусмотренные частью второй настоящей статьи, совершенные лицами, к которым административный арест в соответствии с частью второй статьи 50 настоящего Кодекса не применяется, –

влекут штраф в размере пятидесяти месячных расчетных показателей.

Сноска. Статья 667 в редакции Закона РК от 03.07.2017 № 84-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными Законом РК от 02.07.2021 № 63-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 668. Воспрепятствование законной деятельности адвоката

Воспрепятствование осуществлению законной деятельности адвоката либо коллегии адвокатов, юридической консультации, адвокатской конторы, выразившееся в непредставлении либо отказе от представления в установленные законодательством сроки по письменному запросу необходимых документов, материалов или сведений, требуемых для осуществления их профессиональных обязанностей, если эти действия не имеют признаков уголовно наказуемого деяния, –

влечет штраф на должностных лиц в размере пятнадцати, на юридических лиц – в размере двадцати месячных расчетных показателей.

Сноска. Статья 668 в редакции Закона РК от 05.07.2018 № 177-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 668-1. Вмешательство либо воспрепятствование законной деятельности Уполномоченного по правам человека в Республике Казахстан, воспрепятствование законной деятельности его представителя в области, городе республиканского значения, столице

Сноска. Заголовок статьи 668-1 - в редакции Закона РК от 05.11.2022 № 158-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Вмешательство либо воспрепятствование осуществлению законной деятельности Уполномоченного по правам человека в Республике Казахстан в связи с исполнением им служебных обязанностей, воспрепятствование осуществлению законной деятельности его представителя в области, городе республиканского значения, столице, выразившееся в необеспечении беспрепятственного посещения и общения с лицами, находящимися в организациях и учреждениях, указанных в Конституционном законе Республики Казахстан "Об Уполномоченном по правам человека в Республике Казахстан, –

влечет штраф на должностных лиц в размере пятнадцати, на юридических лиц – в размере двадцати месячных расчетных показателей.

Сноска. Глава 33 дополнена статьей 668-1 в соответствии с Законом РК от 29.12.2021 № 92-VII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); с изменениями, внесенными Законом РК от 05.11.2022 № 158-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 669. Неисполнение приговора суда, решения суда или иного судебного акта и исполнительного документа

1. Неисполнение приговора суда, решения суда или иного судебного акта и исполнительного документа –

влечет штраф на физических лиц в размере пяти месячных расчетных показателей либо административный арест на срок до пяти суток, на должностных лиц, частных нотариусов, частных судебных исполнителей, адвокатов – в размере двадцати месячных расчетных показателей или административный арест на срок до пяти суток, на субъектов малого предпринимательства или некоммерческие организации – в размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.

2. Нарушение установленных судом особых требований к поведению правонарушителя –

влечет административный арест на десять суток.

3. Действия, предусмотренные частью второй настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут административный арест на двадцать суток.

4. Действия, предусмотренные частями второй и третьей настоящей статьи, совершенные лицами, к которым административный арест в соответствии с частью второй статьи 50 настоящего Кодекса не применяется, –

влекут штраф в размере тридцати месячных расчетных показателей.

Примечание. Лицо, не исполнившее решение суда об административном выдворении и не покинувшее территорию Республики Казахстан в указанный в решении срок, не подлежит привлечению к административной ответственности, предусмотренной настоящей статьей, в случае выявления его в пунктах пропуска через Государственную границу Республики Казахстан в течение тридцати суток с момента истечения указанного в решении суда срока для контролируемого самостоятельного выезда выдворяемого лица из Республики Казахстан.

Требования настоящей статьи не распространяются на действия (бездействие), в отношении которых могут быть применены меры процессуального принуждения в соответствии с Административным процедурно-процессуальным кодексом Республики Казахстан.

Сноска. Статья 669 в редакции Закона РК от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2); с изменениями, внесенными законами РК от 13.05.2020 № 327-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 29.06.2020 № 351-VI (вводится в действие с 01.07.2021); от 20.04.2023 № 227-VII (вводится в действие с 01.07.2023).

Статья 670. Неисполнение постановления и иного законного требования судебного исполнителя, судебного пристава

1. Неисполнение постановлений и законных требований судебного исполнителя, связанных с исполнением исполнительного документа, в том числе о представлении в назначенный им срок сведений о месте работы должника и его доходах, производстве удержания согласно исполнительному документу и пересылке взысканной суммы взыскателю, по обращению взыскания на денежные суммы и имущество должника, находящиеся у иных физических и юридических лиц, –

влечет штраф на физических лиц в размере десяти, на должностных лиц – в размере пятнадцати, на юридических лиц – в размере двадцати месячных расчетных показателей.

2. Представление судебному исполнителю заведомо недостоверных сведений, в том числе о доходах и имущественном положении должника, –

влечет штраф на физических лиц в размере двадцати, на юридических лиц – в размере пятидесяти месячных расчетных показателей.

3. Невыполнение законных требований судебного пристава –

влечет штраф в размере пятидесяти месячных расчетных показателей.

Сноска. Статья 670 с изменением, внесенным Законом РК от 29.10.2015 № 376-V (вводится в действие с 01.01.2016).

Статья 671. Несообщение судебному исполнителю о перемене места работы и жительства лица, являющегося должником по исполнительному производству

Несообщение по неуважительным причинам лицом, производящим удержание по исполнительному документу, в месячный срок судебному исполнителю и лицу, получающему алименты, об увольнении с работы лица, уплачивающего выплаты, а также о новом месте его работы и жительства, если это ему известно, –

влечет штраф в размере десяти месячных расчетных показателей.

Статья 672. Утрата исполнительного документа

Утрата лицом, которому передан на исполнение исполнительный документ, –

влечет штраф в размере двадцати месячных расчетных показателей.

Сноска. Статья 672 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 673. Воспрепятствование судебному исполнителю в исполнении исполнительных документов

Воспрепятствование физическими лицами и юридическими лицами совершению судебным исполнителем, судебным приставом действий по обращению взыскания на имущество (опись, оценка, арест, проведение торгов) или отказ в выполнении в связи с этим его требований –

влечет штраф на физических лиц в размере десяти, на должностных лиц – в размере двадцати месячных расчетных показателей либо административный арест на срок до пяти суток.

Статья 674. Незаконное ношение государственных наград

1. Ношение ордена, медали, нагрудного знака к почетному званию, знака отличия Республики Казахстан, Казахской ССР, СССР или орденских лент и лент медалей на планках лицом, не имеющим на то права, –

влечет штраф в размере трех месячных расчетных показателей с конфискацией ордена, медали, нагрудного знака к почетному званию, знака отличия Республики Казахстан, Казахской ССР, СССР или орденских лент и лент медалей на планках.

2. Учреждение или изготовление знаков, имеющих схожее название или внешнее сходство с государственными наградами, –

влечет штраф на физических лиц в размере пяти, на должностных лиц – в размере десяти месячных расчетных показателей, с конфискацией знаков.

Статья 675. Незаконное ношение (использование) одежды со знаками различия и (или) символикой военной формы, а также форменной одежды и специального обмундирования

1. Незаконное ношение (использование) одежды со знаками различия и (или) символикой военной формы, а также форменной одежды и специального обмундирования –

влечет штраф на физических лиц в размере пяти, на юридических лиц в размере двадцати пяти месячных расчетных показателей, с конфискацией одежды со знаками различия и (или) символикой военной формы, а также форменной одежды и специального обмундирования.

2. То же действие, совершенное юридическим лицом, имеющим лицензию на осуществление охранной деятельности, в связи с осуществлением этой деятельности, –

влечет штраф на юридических лиц в размере тридцати месячных расчетных показателей с конфискацией одежды со знаками различия и (или) символикой военной формы, а также форменной одежды и специального обмундирования.

3. Незаконное ношение (использование) специальной одежды работника частной охранной организации, занимающего должность охранника, –

влечет штраф на физических лиц в размере пяти месячных расчетных показателей с конфискацией специальной одежды.

Сноска. Статья 675 с изменением, внесенным Законом РК от 22.12.2016 № 28-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Глава 34. АДМИНИСТРАТИВНЫЕ КОРРУПЦИОННЫЕ ПРАВОНАРУШЕНИЯ

Статья 676. Предоставление незаконного материального вознаграждения физическими лицами

Предоставление физическими лицами лицам, уполномоченным на выполнение государственных функций, или лицам, приравненным к ним, незаконного материального вознаграждения, подарков, льгот либо услуг, если эти действия не содержат признаков уголовно наказуемого деяния, –

влечет штраф в размере двухсот месячных расчетных показателей.

Статья 677. Получение незаконного материального вознаграждения лицом, уполномоченным на выполнение государственных функций, либо приравненным к нему лицом

Получение лицом, уполномоченным на выполнение государственных функций, либо приравненным к нему лицом лично или через посредника незаконного материального вознаграждения, подарков, льгот либо услуг за действия (бездействие) в пользу лиц, их предоставивших, если такие действия (бездействие) входят в служебные полномочия лица, уполномоченного на выполнение государственных функций, либо приравненного к нему лица, если эти действия не содержат признаков уголовно наказуемого деяния, –

влечет штраф в размере шестисот месячных расчетных показателей.

Статья 678. Предоставление незаконного материального вознаграждения юридическими лицами

1. Предоставление юридическими лицами лицам, уполномоченным на выполнение государственных функций, или лицам, приравненным к ним, незаконного материального вознаграждения, подарков, льгот либо услуг, если эти действия не содержат признаков уголовно наказуемого деяния, –

влечет штраф в размере семисот пятидесяти месячных расчетных показателей.

2. Действия, предусмотренные частью первой настоящей статьи, совершенные повторно в течение года после наложения административного взыскания, –

влекут штраф в размере тысячи пятисот месячных расчетных показателей.

Статья 679. Осуществление незаконной предпринимательской деятельности и получение незаконных доходов государственными органами и органами местного самоуправления

Занятие государственными органами, органами местного самоуправления предпринимательской деятельностью вне возложенных на них законодательством функций либо принятие материальных благ и преимуществ, помимо установленных источников финансирования, –

влечет штраф на руководителей этих организаций в размере шестисот месячных расчетных показателей.

Статья 680. Непринятие руководителями государственных органов мер по противодействию коррупции

Непринятие руководителями либо ответственными секретарями или иными должностными лицами, определяемыми Президентом Республики Казахстан, государственных органов, Вооруженных Сил Республики Казахстан, других войск и воинских формирований Республики Казахстан в пределах своих полномочий мер по устранению нарушений законодательства Республики Казахстан о противодействии коррупции либо в отношении подчиненных им лиц, виновных в совершении коррупционных правонарушений, либо принятие указанных мер с нарушением законодательства Республики Казахстан о противодействии коррупции, либо непредоставление соответствующей информации в органы государственных доходов по месту жительства виновных лиц –

влечет штраф в размере ста месячных расчетных показателей.

Сноска. Статья 680 в редакции Закона РК от 18.11.2015 № 411-V (вводится в действие с 01.01.2016); с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 681. Принятие на работу лиц, ранее совершивших коррупционное преступление

Принятие руководителем государственных органов, учреждений и предприятий либо руководителем национальных компаний, национальных управляющих холдингов, национальных холдингов, национальных институтов развития, а также их дочерних организаций на работу лиц, ранее совершивших коррупционное преступление, –

влечет штраф в размере ста месячных расчетных показателей.

РАЗДЕЛ 3. ОРГАНЫ, УПОЛНОМОЧЕННЫЕ РАССМАТРИВАТЬ
ДЕЛА ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ
Глава 35. ОСНОВНЫЕ ПОЛОЖЕНИЯ

Статья 682. Органы (должностные лица), уполномоченные рассматривать дела об административных правонарушениях

Дела об административных правонарушениях рассматривают:

1) судьи специализированных районных и приравненных к ним судов по административным правонарушениям;

2) судьи специализированных межрайонных судов по делам несовершеннолетних;

3) должностные лица государственных органов, уполномоченные настоящим Кодексом.

Примечание. Если на территории соответствующей административно-территориальной единицы не образованы специализированный районный и приравненный к нему суд по административным правонарушениям и специализированный межрайонный суд по делам несовершеннолетних, отнесенные к их подсудности дела вправе рассматривать районные (городские) суды.

Сноска. Статья 682 - в редакции Закона РК от 29.06.2020 № 351-VI (вводится в действие с 01.07.2021).

Статья 683. Разграничение компетенции органов (должностных лиц), уполномоченных рассматривать дела об административных правонарушениях

1. Судьи рассматривают дела об административных правонарушениях, отнесенных к их ведению настоящим Кодексом.

2. Должностные лица государственных органов, уполномоченные рассматривать дела об административных правонарушениях, рассматривают дела и налагают административные взыскания за административные правонарушения, за исключением дел, указанных в статье 684 настоящего Кодекса.

3. Дела об административных правонарушениях, за которые в качестве одного из видов административного взыскания предусмотрены административный арест, административное выдворение за пределы Республики Казахстан иностранцев либо лиц без гражданства, конфискация предметов, явившихся орудием либо предметом совершения административного правонарушения, а равно конфискация доходов (дивидендов), денег и ценных бумаг, полученных вследствие совершения административного правонарушения, лишение специального права, предоставляемого конкретному лицу (в том числе право управления транспортным средством), принудительный снос незаконно возводимого или возведенного строения, рассматриваются судьей.

4. В соответствии со статьей 24 настоящего Кодекса по письменному заявлению лица, в отношении которого ведется производство по делу об административном правонарушении, дело о любом правонарушении, предусмотренном Особенной частью раздела 2 настоящего Кодекса, рассматривается судьей, если оно подано до рассмотрения дела об административном правонарушении.

5. По письменному заявлению либо по заявлению в форме электронного документа, удостоверенного электронной цифровой подписью, законного представителя лица, в отношении которого ведется производство по делу об административном правонарушении, или потерпевшего, являющихся несовершеннолетними или по своему физическому или психическому состоянию лишенных возможности самостоятельно осуществлять свои права, дело может быть рассмотрено в специализированных районных и приравненных к ним судах по административным правонарушениям, а при отсутствии таковых – в судах общей юрисдикции.

Сноска. Статья 683 с изменениями, внесенными законами РК от 31.10.2015 № 378-V (вводится в действие с 01.01.2016); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 29.06.2020 № 351-VI (вводится в действие с 01.07.2021).

Глава 36. ПОДВЕДОМСТВЕННОСТЬ ДЕЛ ОБ АДМИНИСТРАТИВНЫХ
ПРАВОНАРУШЕНИЯХ, КОМПЕТЕНЦИЯ ДОЛЖНОСТНЫХ ЛИЦ ПО
РАССМОТРЕНИЮ ДЕЛ И НАЛОЖЕНИЮ АДМИНИСТРАТИВНЫХ ВЗЫСКАНИЙ

Статья 684. Суды

1. Судьи специализированных районных и приравненных к ним судов по административным правонарушениям рассматривают дела об административных правонарушениях, предусмотренных статьями 73, 73-3, 74, 76, 77, 78, 80 (частями 2-2 и четвертой), 80-1 (частями второй, четвертой и пятой), 81 (частью второй), 82 (частью второй), 82-1, 85, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127-2, 139 (частью второй), 145, 147-1, 149, 150, 151 (частью второй), 154, 156-1, 158, 159 (частями первой, второй, третьей, 3-1 и четвертой), 160 (частью второй), 169 (частями второй, седьмой, десятой, одиннадцатой, двенадцатой, тринадцатой и четырнадцатой), 170 (частями седьмой, десятой и двенадцатой), 171, 173, 174 (частью второй), 175, 175-1, 176, 176-1, 182, 190 (частями второй, третьей и четвертой), 193 (частями второй и третьей), 200, 214 (частями первой, второй, третьей, четвертой, пятой, шестой, седьмой, восьмой, девятой, десятой, одиннадцатой, двенадцатой и тринадцатой), 214-1, 234-1,245, 246, 247 (частями 7-1, девятой и одиннадцатой), 251, 281 (частями четвертой, пятой и шестой), 282 (частями третьей, четвертой, шестой, седьмой, одиннадцатой и тринадцатой), 283, 283-1, 294 (частями первой и второй), 299 (частью второй), 312 (частью второй), 313, 314, 316 (частью второй), 317 (частью четвертой), 317-1 (частью второй), 317-2 (частью второй), 319, 320 (частями первой, второй и третьей), 327-2 (частью второй), 328 (частями третьей и четвертой), 331 (частью четвертой), 344 (частью первой), 356 (частью четырнадцатой), 357, 360 (частью первой), 381-1, 382 (частями второй и третьей), 383 (частями третьей и четвертой), 385 (частью второй), 389, 392 (частью третьей), 395 (частью второй), 396 (частью второй), 398, 400 (частью второй), 401 (частями шестой и седьмой), 402 (частью четвертой), 407 (частями второй и третьей), 409 (частями 7-1 и 7-8), 415 (частью второй), 415-1 (частью второй), 416, 417 (частями первой и шестой), 419 (частью второй), 423, 423-1,424 (частями третьей и пятой), 424-1, 425 (частью второй), 426 (частями второй, третьей и четвертой), 427, 433 (частью второй), 434, 436, 439, 440 (частью третьей), 443 (частью второй), 443-1 (частью второй), 444 (частью первой), 446, 449 (частями второй и третьей), 450 (частью второй), 451 (частями первой, второй, третьей, восьмой, девятой и семнадцатой), 453, 456-1, 456-2, 461, 462, 463, 465, 476, 477, 478, 479, 480 (частью второй), 481, 482, 483, 485 (частью второй), 488, 489 (частями второй, третьей, четвертой, пятой, шестой, седьмой и восьмой), 489-1, 490, 495 (частью второй), 496 (частями второй и третьей), 498, 506, 507, 508, 510 (частью четвертой), 512 (частью второй), 513 (частью второй), 514 (частью второй), 516, 517 (частями второй, четвертой, пятой, шестой и седьмой), 528 (частью 1-1), 532 (частью второй), 543 (частями 1-1, третьей и четвертой), 544, 545, 548 (частью второй), 549, 550, 551 (частью третьей), 552 (частью второй), 563 (частью второй), 564 (частью пятой), 569 (частями первой, второй и четвертой), 590 (частями 2-1, четвертой и 4-1), 596 (частью третьей), 603 (частями первой и второй), 606 (частью второй), 607 (частью второй), 608, 610, 611 (частями второй и третьей), 612 (частями третьей и 4-1), 613 (частями первой, третьей, 3-1, четвертой, пятой, девятой, десятой и одиннадцатой), 615 (частью четвертой), 618, 621 (частью третьей), 637 (частями восьмой, девятой, десятой и тринадцатой), 638 (частью второй), 651, 652, 653, 653-1, 654, 655, 656, 657, 658, 659, 660, 661, 662, 664, 664-1, 665, 666, 667, 668, 668-1, 669, 673, 674, 675, 676, 677, 678, 679, 680, 681 настоящего Кодекса, за исключением случаев, предусмотренных частью третьей настоящей статьи.

2. Судьи специализированных межрайонных судов по делам несовершеннолетних рассматривают дела:

1) об административных правонарушениях, совершенных несовершеннолетними, предусмотренных статьями 435, 436 (частью третьей), 438 (частью третьей), 440 (частью третьей), 442 (частью третьей), 448 настоящего Кодекса;

2) об административных правонарушениях, предусмотренных статьями 127, 127-1, 128, 129, 130, 131, 133, 134, 135, 430 (частью второй), 663 настоящего Кодекса.

3. Судьи Верховного Суда, областных и приравненных к ним судов, районных и приравненных к ним судов рассматривают дела, предусмотренные статьей 653 настоящего Кодекса, о фактах проявления неуважения к суду со стороны присутствующего в процессе лица, установленных в ходе судебного разбирательства.

Сноска. Статья 684 в редакции Закона РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными законами РК от 30.12.2016 № 41-VІ (вводится в действие с 01.01.2021); от 04.07.2018 № 173-VI (вводится в действие с 01.01.2022); от 25.06.2020 № 347-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 26.06.2020 № 349-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 29.06.2020 № 351-VI (вводится в действие с 01.07.2021); от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021); от 05.01.2021 № 409-VI (вводится в действие с 01.01.2022);от 02.07.2021 № 63-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 29.12.2021 № 92-VII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 01.07.2022 № 132-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 30.12.2022 № 180-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 03.01.2023 № 187-VII (порядок введения в действие см. ст.2); от 10.07.2023 № 20-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 15.04.2024 № 73-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 05.07.2024 № 114-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 08.07.2024 № 117-VIII (порядок введения в действие см. ст. 2).

Статья 685. Органы внутренних дел (полиция)

1. Органы внутренних дел рассматривают дела об административных правонарушениях, предусмотренных статьями 132, 146, 147, 190 (частью первой), 192, 196, 197, 198, 204, 204-1, 230 (частью второй) (в части правонарушений, совершенных владельцами транспортных средств и перевозчиками на автомобильном транспорте и городском рельсовом транспорте), 334, 359, 364, 382 (частью первой), 383 (частями первой и второй), 386, 395 (частью первой), 396 (частью первой), 407-1, 407-2, 408, 420, 421, 422, 432, 433 (частью первой), 434-1, 434-2, 437, 438 (частями первой и второй), 440 (частями первой и второй), 441, 441-1, 442 (частями первой и второй), 443 (частью первой), 443-1 (частью третьей), 444 (частью второй), 447, 449 (частью первой), 450 (частью первой), 458, 464, 469, 470, 480 (частью первой), 484, 485 (частью первой), 485-1, 486, 487, 489 (частями первой, девятой, десятой и одиннадцатой), 492, 493, 494, 495 (частью первой), 496 (частью первой), 505, 510 (частями первой, второй, третьей и пятой), 512 (частью первой), 513 (частью первой), 514 (частью первой), 515, 517 (частью третьей), 518, 519 (частями первой, третьей, пятой и шестой), 559 (частями первой, второй, четвертой и пятой), 560, 562, 564 (частью четвертой), 566, 571 (частями второй и третьей), 572 (частью второй), 573, 590 (частями первой, второй, третьей, пятой, шестой, седьмой, восьмой, девятой и десятой), 591, 592, 593, 594, 595, 596 (частями первой, второй, четвертой и пятой), 597, 598, 599, 600, 601, 602, 603 (частью третьей), 606 (частью первой), 607 (частью первой), 611 (частью первой), 612 (частями первой, второй, четвертой, пятой и шестой), 613 (частями двенадцатой и тринадцатой), 614, 615 (частями первой, второй и третьей), 617, 619, 619-1, 620, 621 (частями первой, второй и четвертой), 622, 625 (за исключением нарушений на автомобильном транспорте), 626, 630, 631, 632, 635 (частями первой и второй) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания от имени органов внутренних дел вправе:

1) по всем статьям настоящего Кодекса, отнесенным к подведомственности органов внутренних дел, – председатели комитетов и начальники департаментов Министерства внутренних дел, начальники территориальных органов внутренних дел, подразделений административной, миграционной полиции, местной полицейской службы области, города республиканского значения, столицы, их заместители;

Примечание ИЗПИ!
В подпункт 2) предусмотрено изменение Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

2) за административные правонарушения, предусмотренные статьями 132, 147, 190 (частью первой), 192, 196, 197, 198, 204-1, 359, 395 (частью первой), 396 (частью первой), 420, 421, 432, 433 (частью первой), 434-1, 434-2, 437, 438 (частями первой и второй), 441-1, 444 (частью второй), 458, 464, 469, 470, 480 (частью первой), 484, 485 (частью первой), 486, 487, 489 (частями первой, девятой, десятой и одиннадцатой), 492, 493, 494, 495 (частью первой), 496 (частью первой), 505 (частью второй), 510 (частями первой, второй, третьей и пятой), 512 (частью первой), 513 (частью первой), 514 (частью первой), 515, 517 (частью третьей), 518, 519 (частями первой, третьей, пятой и шестой), 562, 571 (частью третьей), 590 (частями третьей, восьмой и десятой), 591 (частью второй), 592 (частями третьей и четвертой), 593, 594 (частью четвертой), 595 (частью четвертой), 596 (частями четвертой и пятой), 597 (частями пятой и шестой), 598 (частью второй), 599 (частью второй), 600 (частью второй), 601 (частью второй), 602 (частью второй), 603 (частью третьей), 612 (частями четвертой, пятой и шестой), 613 (частью тринадцатой), 614, 615 (частью третьей), 617, 619, 619-1, 621 (частью второй), 630, 631, 632, 635 (частями первой и второй) настоящего Кодекса, – начальники отделов, отделений полиции, подразделений административной, миграционной полиции, местной полицейской службы района (города, района в городе) и их заместители;

3) за административные правонарушения, предусмотренные статьями 196, 197, 407-1, 407-2,420, 444 (частью второй), 458, 484, 485 (частью первой), 492, 496 (частью первой), 510 (частями первой, второй, третьей и пятой), 513 (частью первой), 514 (частью первой), 515, 517 (частью третьей), 518, 519 (частями первой, третьей, пятой и шестой), 559 (частями первой, второй, четвертой и пятой), 560, 562, 564 (частью четвертой), 566, 625 (за совершение правонарушений на железнодорожном транспорте), 630 (частью первой) настоящего Кодекса, – начальники линейных отделов, отделений, пунктов полиции органов внутренних дел и их заместители;

4) за административные правонарушения, предусмотренные статьями 146, 204, 230 (частью второй) (в части правонарушений, совершенных владельцами транспортных средств и перевозчиками на автомобильном транспорте и городском рельсовом транспорте), 334, 364, 382 (частью первой), 383 (частями первой и второй), 386, 407-1, 407-2, 408, 434-2, 437 (частью первой), 440 (частями первой и второй), 441, 442 (частями первой и второй), 443 (частью первой), 447, 449 (частью первой), 492, 493, 494, 505 (частью первой), 571 (частью второй), 572 (частью второй), 573 (частью четвертой), 590 (частями первой, второй, пятой, шестой, седьмой и девятой), 591 (частью первой), 592 (частями первой и второй), 593, 594 (частями первой и второй), 595 (частями первой, второй и третьей), 596 (частями первой и второй), 597 (частями первой, второй, третьей, четвертой, 4-1 и 4-2), 598 (частью первой), 599 (частью первой), 600 (частью первой), 601 (частью первой), 602 (частью первой), 606 (частью первой), 607 (частью первой), 611 (частью первой), 612 (частями первой и второй), 613 (частью двенадцатой), 615 (частями первой и второй), 620, 621 (частями первой и четвертой), 622, 630 (частью первой) (в отношении физических лиц) настоящего Кодекса, – сотрудники органов внутренних дел (полиции), имеющие специальные звания;

4-1) за административные правонарушения, предусмотренные статьями 132 (частью первой), 441-1, 480 (частью первой), 614 настоящего Кодекса, – участковые инспекторы полиции;

5) за административные правонарушения, предусмотренные статьями 395 (частью первой), 396 (частью первой) настоящего Кодекса, – начальники специализированных подразделений полиции органов внутренних дел по борьбе с преступными посягательствами на рыбные запасы и их заместители.

Сноска. Статья 685 в редакции Закона РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными законами РК от 30.12.2016 № 41-VІ (вводится в действие с 01.01.2021); от 25.06.2020 № 346-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования);от 02.07.2021 № 63-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 30.12.2021 № 99-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 23.12.2023 № 50-VIII (вводится в действие с 01.01.2024).

Статья 686. Уполномоченный орган в сфере гражданской защиты

1. Уполномоченный орган в сфере гражданской защиты рассматривает дела об административных правонарушениях:

1) в области пожарной безопасности, предусмотренных статьями 336, 359, 367, 410, 410-1, 411, 438 (частями первой и второй), 589 настоящего Кодекса;

2) исключен Законом РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015);

3) в области гражданской обороны, предусмотренных статьями 412 и 643 настоящего Кодекса.

2. От имени органов государственной противопожарной службы рассматривать дела и налагать административные взыскания от имени уполномоченного органа в сфере гражданской защиты вправе:

1) государственный инспектор области, города республиканского значения, столицы, района, города областного значения, района в городе по государственному контролю в области пожарной безопасности – штраф на физических лиц до пятнадцати, на должностных лиц, субъектов малого предпринимательства – до тридцати пяти размеров месячного расчетного показателя;

2) государственный инспектор Республики Казахстан по государственному контролю в области пожарной безопасности, главный государственный инспектор области, города республиканского значения, столицы по государственному контролю в области пожарной безопасности и его заместитель – штраф на физических лиц до тридцати пяти, на должностных лиц – до ста, на субъектов предпринимательства, некоммерческих организаций – до трехсот размеров месячного расчетного показателя;

3) главный государственный инспектор Республики Казахстан по государственному контролю в области пожарной безопасности и его заместитель – штраф на физических лиц до двухсот, на должностных лиц – до пятисот, на субъектов предпринимательства, некоммерческих организаций – до двух тысяч размеров месячного расчетного показателя.

3. Исключен Законом РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).

4. Рассматривать дела об административных правонарушениях, связанных с неисполнением мероприятий гражданской обороны, и налагать административные взыскания от имени уполномоченного органа в сфере гражданской защиты вправе:

1) государственный инспектор области, города республиканского значения, столицы, района, города областного значения, района в городе по государственному контролю в области гражданской обороны – штраф на физических лиц до восьми, на должностных и юридических лиц – до двадцати пяти размеров месячного расчетного показателя;

2) государственный инспектор Республики Казахстан по государственному контролю в области гражданской обороны, главный государственный инспектор области, города республиканского значения, столицы по государственному контролю в области гражданской обороны и его заместитель – штраф на физических лиц, на должностных и юридических лиц – до пятидесяти пяти размеров месячного расчетного показателя;

3) главный государственный инспектор Республики Казахстан по государственному контролю в области гражданской обороны и его заместитель – штраф на физических лиц, на должностных и юридических лиц – до шестидесяти пяти размеров месячного расчетного показателя.

Сноска. Статья 686 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования; от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 686-1. Уполномоченный орган в области мобилизационной подготовки

1. Уполномоченный орган в области мобилизационной подготовки рассматривает дела об административных правонарушениях, предусмотренных статьей 643-1 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководитель уполномоченного органа в области мобилизационной подготовки и его заместители.

Сноска. Глава 36 дополнена статьей 686-1 в соответствии с Законом РК от 25.05.2020 № 332-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 687. Уполномоченный орган по изучению недр

Сноска. Заголовок статьи 687 в редакции Закона РК от 27.12.2017 № 126-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

1. Уполномоченный орган по изучению недр рассматривает дела об административных правонарушениях, предусмотренных статьями 349, 350, 352, 353 (в части операции по использованию пространства недр), 354, 355, 356 (частью первой), 391 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе:

1) территориальные старшие государственные и территориальные государственные инспекторы по изучению и использованию недр – штраф до ста пятидесяти размеров месячного расчетного показателя;

2) государственные инспекторы Республики Казахстан по изучению и использованию недр, заместители территориальных главных государственных инспекторов по изучению и использованию недр – штраф до двухсот пятидесяти размеров месячного расчетного показателя;

3) старшие государственные инспекторы Республики Казахстан по изучению и использованию недр, территориальные главные государственные инспекторы по изучению и использованию недр – штраф до пятисот размеров месячного расчетного показателя;

4) главный государственный инспектор Республики Казахстан по изучению и использованию недр и его заместители – штраф до тысячи размеров месячного расчетного показателя.

Сноска. Статья 687 с изменениями, внесенными законами РК от 27.12.2017 № 126-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 687-1. Уполномоченный орган в области твердых полезных ископаемых

1. Уполномоченный орган в области твердых полезных ископаемых рассматривает дела об административных правонарушениях, предусмотренных статьями 346, 349, 353 (в части операций по разведке и добыче твердых полезных ископаемых) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководители и уполномоченные на то должностные лица уполномоченного органа в области твердых полезных ископаемых.

Сноска. Глава 36 дополнена статьей 687-1 в соответствии с Законом РК от 27.12.2017 № 126-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 688. Уполномоченный орган в области углеводородов

1. Уполномоченный орган в области углеводородов рассматривает дела об административных правонарушениях, предусмотренных статьями 170 (частями первой, 1-1, второй, третьей, четвертой, пятой и шестой), 281 (частями седьмой, восьмой, девятой и десятой), 345, 348, 349, 350, 353 (частью первой) (в части операций по разведке и (или) добыче углеводородов), 356 (частями первой, третьей, четвертой, пятой, шестой, седьмой, восьмой, девятой, одиннадцатой, двенадцатой и тринадцатой), 464 (частью первой), 635 (частью третьей) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе должностные лица уполномоченного органа в области углеводородов и руководители его территориальных подразделений.

Сноска. Статья 688 в редакции Закона РК от 27.12.2017 № 126-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); с изменениями, внесенными законами РК от 04.07.2018 № 173-VI (вводится в действие с 01.01.2022); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 688-1. Уполномоченный орган в области добычи урана

1. Уполномоченный орган в области добычи урана рассматривает дела об административных правонарушениях, предусмотренных статьями 345, 346, 349, 350, 353 (в части операций по добыче урана) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе должностные лица ведомства уполномоченного органа в области добычи урана.

Сноска. Глава 36 дополнена статьей 688-1 в соответствии с Законом РК от 27.12.2017 № 126-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 689. Орган, осуществляющий государственный контроль в области энергосбережения и повышения энергоэффективности

1. Орган, осуществляющий государственный контроль в области энергосбережения и повышения энергоэффективности, рассматривает дела об административных правонарушениях, предусмотренных статьями 289, 292, 293, 296 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководители территориальных подразделений органа, осуществляющего государственный контроль в области энергосбережения и повышения энергоэффективности.

Сноска. Статья 689 в редакции Закона РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 690. Органы по государственному энергетическому надзору и контролю

1. Органы по государственному энергетическому надзору и контролю рассматривают дела об административных правонарушениях, предусмотренных статьями 172 (за исключением субъектов теплоснабжения в местной системе теплоснабжения и потребителей тепловой энергии), 300 (за исключением субъектов теплоснабжения в местной системе теплоснабжения и потребителей тепловой энергии), 300-1, 300-2 (за исключением субъектов теплоснабжения в местной системе теплоснабжения), 301 (за исключением субъектов теплоснабжения в местной системе теплоснабжения), 301-1 (за исключением субъектов теплоснабжения в местной системе теплоснабжения), 301-2 (за исключением субъектов теплоснабжения в местной системе теплоснабжения), 301-3 (за исключением субъектов теплоснабжения в местной системе теплоснабжения), 302, 303 (за исключением субъектов теплоснабжения в местной системе теплоснабжения и потребителей тепловой энергии), 304 (за исключением тепловых сетей в местной системе теплоснабжения), 305 (за исключением охранных зон тепловых сетей в местной системе теплоснабжения), 309-1, 309-2 (в части тепловых сетей в рамках централизованных систем теплоснабжения) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководители территориальных подразделений органов по государственному энергетическому надзору и контролю.

Сноска. Статья 690 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 14.01.2015 № 279-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 29.03.2016 № 479-V (вводится в действие по истечении двадцати одного календарного дня после дня его первого официального опубликования); от 11.07.2017 № 89-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 08.07.2024 № 122-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 690-1. Уполномоченный орган в области использования атомной энергии

1. Уполномоченный орган в области использования атомной энергии рассматривает дела об административных правонарушениях, предусмотренных статьями 413, 413-1, 414, 464 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания от имени уполномоченного органа в области использования атомной энергии вправе руководитель ведомства, являющегося лицензиаром в сфере использования атомной энергии, и его заместители.

Сноска. Глава 36 дополнена статьей 690-1 в соответствии с Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 691. Уполномоченный орган в области транспорта и коммуникаций

1. Уполномоченный орган в области транспорта и коммуникаций рассматривает дела об административных правонарушениях, предусмотренных статьями 230 (частью второй) (в части правонарушений, совершенных перевозчиками на железнодорожном, морском и внутреннем водном транспорте), 464, 564 (частями первой, второй, третьей и четвертой), 565, 580, 581 (частью первой), 582, 583, 633, 634 настоящего Кодекса.

Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководители уполномоченного органа в области транспорта и коммуникаций, его территориальных подразделений и их заместители.

2. Органы транспортного контроля рассматривают дела об административных правонарушениях, предусмотренных статьями 464, 559 (частями второй, третьей, четвертой, шестой, седьмой, восьмой и девятой), 561, 571, 571-1, 572, 573, 575, 577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 590 (частью восьмой), 616, 621 (частями первой, второй и четвертой), 623, 624-1, 625 (в части нарушений на автомобильном транспорте), 627, 628 настоящего Кодекса.

Рассматривать дела об административных правонарушениях и налагать административные взыскания от имени органов транспортного контроля вправе:

1) по всем статьям настоящего Кодекса, отнесенным к подведомственности органов транспортного контроля, – руководитель органа транспортного контроля и его заместители, руководители территориальных органов транспортного контроля и их заместители;

2) по административным правонарушениям, предусмотренным статьями 464 (частью первой), 561, 571 (частями второй, 2-1, третьей, четвертой, пятой, седьмой и восьмой), 571-1 (частью первой), 572, 573, 582, 583, 584, 585, 586, 587, 588, 616 (частью первой), 621 (частями первой, второй и четвертой), 623, 625 (в части нарушений на автомобильном транспорте), 627 настоящего Кодекса, – уполномоченные на то должностные лица органов транспортного контроля.

Размеры штрафа, налагаемого должностными лицами, указанными в абзаце четвертом части второй настоящей статьи, не могут превышать двадцать месячных расчетных показателей.

3. Уполномоченный орган в сфере гражданской авиации рассматривает дела об административных правонарушениях, предусмотренных статьями 164, 166, 167, 230 (частью второй) (в части правонарушений, совершенных перевозчиками на воздушном транспорте), 250, 563 (частью первой), 564 (за исключением дел о нарушениях, предусмотренных частями первой, третьей, четвертой (совершенных на аэродромах, не относящихся к гражданской авиации, или в районе таких аэродромов) и частью пятой), 565, 565-1, 565-2, 567, 568, 569 (частями третьей, пятой, шестой, седьмой и восьмой), 570, 571 (частью первой), 589 (в части нарушений на воздушном транспорте), 626 настоящего Кодекса.

Рассматривать дела об административных правонарушениях и налагать административные взыскания от имени уполномоченного органа в сфере гражданской авиации вправе:

1) по всем статьям настоящего Кодекса, отнесенным к подведомственности уполномоченного органа в сфере гражданской авиации, – руководитель уполномоченного органа в сфере гражданской авиации и его заместители;

2) по административным правонарушениям, предусмотренным статьями 564 (за исключением дел о нарушениях, предусмотренных частями первой, третьей, четвертой (совершенных на аэродромах, не относящихся к гражданской авиации, или в районе таких аэродромов) и частью пятой), 565, 569 (частями третьей, пятой, шестой и седьмой), 589 (в части нарушений на воздушном транспорте) настоящего Кодекса, – уполномоченные на то должностные лица уполномоченного органа в сфере гражданской авиации.

Сноска. Статья 691 в редакции Закона РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 692. Уполномоченный орган сфере информатизации и связи

1. Уполномоченный орган в сфере информатизации и связи рассматривает дела об административных правонарушениях, предусмотренных статьями 164, 250, 464, 637 (частями первой, второй, третьей, четвертой, пятой, шестой, седьмой, одиннадцатой, двенадцатой, четырнадцатой и пятнадцатой), 638 (частью первой) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе:

1) руководитель уполномоченного органа в области информатизации и связи и его заместители;

2) руководители территориальных органов уполномоченного органа в области информатизации и связи.

Сноска. Статья 692 с изменениями, внесенными законами РК от 24.11.2015 № 419-V (вводится в действие с 01.01.2016); от 28.12.2017 № 128-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 25.06.2020 № 347-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 692-1. Уполномоченный орган в области масс-медиа

Сноска. Заголовок статьи 692-1 – в редакции Закона РК от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

1. Уполномоченный орган в области масс-медиа рассматривает дела об административных правонарушениях, предусмотренных статьями 451 (частями четвертой, пятой, шестой, седьмой, десятой, одиннадцатой, двенадцатой, тринадцатой, четырнадцатой и пятнадцатой), 454, 455 (частью первой, подпунктами 1), 2), 3) и 5) части второй, частями четвертой и пятой), 456 и 464 настоящего Кодекса, в пределах своей компетенции.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе:

1) руководитель уполномоченного органа в области информации и его заместители.

2) исключен Законом РК от 28.12.2017 № 128-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).
Сноска. Глава 36 дополнена статьей 692-1 в соответствии с Законом РК от 24.11.2015 № 419-V (вводится в действие с 01.01.2016); с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 128-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 08.01.2019 № 215-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 692-2. Уполномоченный орган в сфере обеспечения информационной безопасности

1. Уполномоченный орган в сфере обеспечения информационной безопасности рассматривает дела об административных правонарушениях, предусмотренных статьями 79, 639, 640, 641 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе:

1) руководитель уполномоченного органа в сфере обеспечения информационной безопасности и его заместители;

2) руководитель ведомства уполномоченного органа в сфере обеспечения информационной безопасности и его заместители.

Сноска. Глава 36 дополнена статьей 692-2 в соответствии с Законом РК от 28.12.2017 № 128-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными законами РК от 18.03.2019 № 237-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 25.06.2020 № 347-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 693. Органы, осуществляющие государственный контроль в области трудового законодательства Республики Казахстан

1. Органы государственной инспекции труда рассматривают дела об административных правонарушениях, предусмотренных статьями 83 (в части правонарушений, совершенных работодателями), 86, 87, 88, 89 (за исключением работодателей, состоящих в отношениях с государственным служащим), 90, 93 (частями первой, третьей, четвертой, пятой, шестой и седьмой), 94, 95, 96, 97, 98, 230 (частью второй в части правонарушений, совершенных работодателями), 519 настоящего Кодекса.

2. Исключен Законом РК от 29.12.2014 № 269-V (вводится в действие с 01.01.2015).

3. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе:

1) государственные инспекторы труда;

2) исключен Законом РК от 29.12.2014 № 269-V (вводится в действие с 01.01.2015).
Сноска. Статью 693 с изменениями, внесенными законами РК от 29.12.2014 № 269-V (вводится в действие с 01.01.2015); от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 06.02.2023 № 195-VII (вводится в действие с 01.04.2023).

Статья 694. Органы юстиции

1. Органы юстиции рассматривают дела об административных правонарушениях, предусмотренных статьями 230 (частью второй, когда эти нарушения совершены частными нотариусами), 457, 468, 670, 671 и 672 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководитель уполномоченного органа в области государственной регистрации нормативных правовых актов, в сфере обеспечения исполнения исполнительных документов и их заместители, руководители областных, городов республиканского значения и столицы органов юстиции и их заместители, а также руководители районных и городских подразделений юстиции.

Сноска. Статья 694 в редакции Закона РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); с изменениями, внесенными законами РК от 26.07.2016 № 12-VІ (вводится в действие по истечении тридцати календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2018 № 210-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 26.06.2020 № 349-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 695. Уполномоченный орган в сфере государственной регистрации прав на недвижимое имущество, юридических лиц, актов гражданского состояния

Сноска. Заголовок в редакции Закона РК от 10.01.2018 № 134-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

1. Уполномоченный орган в сфере государственной регистрации прав на недвижимое имущество, юридических лиц, актов гражданского состояния рассматривает дела об административных правонарушениях, предусмотренных статьями 464 и 466 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководители уполномоченного органа в сфере государственной регистрации прав на недвижимое имущество, юридических лиц, актов гражданского состояния, его территориальных подразделений и их заместители.

Сноска. Статья 695 в редакции Закона РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); с изменениями, внесенными законами РК от 26.07.2016 № 12-VІ (вводится в действие по истечении тридцати календарных дней после дня его первого официального опубликования); от 10.01.2018 № 134-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 26.01.2021 № 412-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 696. Органы по миграции

Сноска. Статья 696 исключена Законом РК от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 697. Уполномоченный орган в области охраны окружающей среды

1. Уполномоченный орган в области охраны окружающей среды рассматривает дела об административных правонарушениях, предусмотренных статьями 139 (частью первой), 230 (частью второй в части правонарушений, совершенных лицами, осуществляющими экологически опасные виды хозяйственной и иной деятельности), 297 (частью первой), 324, 325, 326, 327-1, 327-2 (частью первой), 328 (частями первой, второй, пятой, шестой, седьмой, восьмой, девятой, десятой и одиннадцатой), 329, 330, 331 (частями первой, второй и третьей), 332, 333, 334, 336, 337 (частями третьей и четвертой), 343-1, 344 (частями второй, третьей, четвертой и пятой), 344-1, 344-2, 346, 347, 352, 353 (частью первой), 356 (частью второй), 358, 377 (частью первой), 399, 464 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе:

1) государственные экологические инспекторы и старшие государственные экологические инспекторы областей, городов республиканского значения, столицы – штраф на физических лиц до двадцати, на должностных лиц – до пятидесяти, на юридических лиц – до двухсот размеров месячного расчетного показателя;

2) государственные экологические инспекторы Республики Казахстан – штраф на физических лиц до двадцати, на должностных лиц – до семидесяти, на юридических лиц – до двухсот пятидесяти размеров месячного расчетного показателя;

3) старшие государственные экологические инспекторы Республики Казахстан – штраф на физических лиц до сорока, на должностных лиц – до трехсот, на юридических лиц – до пятисот размеров месячного расчетного показателя;

4) главные государственные экологические инспекторы областей, городов республиканского значения, столицы – штраф на физических лиц до пятидесяти, на должностных лиц – до ста пятидесяти, на юридических лиц – до двух тысяч размеров месячного расчетного показателя, а также штраф, выраженный в процентах от суммы ставки платы за негативное воздействие на окружающую среду, суммы экономической выгоды, полученной в результате нарушения требований экологического законодательства Республики Казахстан, либо суммы ущерба, причиненного в результате нарушения права государственной собственности на недра;

5) Главный государственный экологический инспектор Республики Казахстан и его заместитель – штраф на физических лиц до пятидесяти, на должностных лиц – до ста пятидесяти, на юридических лиц – до двух тысяч размеров месячного расчетного показателя, а также штраф, выраженный в процентах от суммы ставки платы за негативное воздействие на окружающую среду, суммы экономической выгоды, полученной в результате нарушения требований экологического законодательства Республики Казахстан, либо суммы ущерба, причиненного в результате нарушения права государственной собственности на недра.

Сноска. Статья 697 с изменениями, внесенными законами РК от 17.11.2015 № 407-V (вводится в действие с 01.01.2016); от 27.12.2017 № 126-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 698. Уполномоченный орган в области промышленной безопасности

1. Уполномоченный орган в области промышленной безопасности рассматривает дела об административных правонарушениях, предусмотренных статьями 297, 298 (за исключением объектов социальной инфраструктуры), 299 (частью первой) (за исключением безопасности плотин), 305 (по нарушениям в охранных зонах объектов систем газоснабжения промышленных потребителей), 306, 307 (в части промышленных потребителей), 308, 352, 353 (частью первой) (в части технической безопасности), 464 (частью первой) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях в области промышленной безопасности и налагать административные взыскания от имени уполномоченного органа в области промышленной безопасности вправе:

1) главный государственный инспектор Республики Казахстан по государственному надзору в области промышленной безопасности и его заместитель;

2) государственный инспектор Республики Казахстан по государственному надзору в области промышленной безопасности, главный государственный инспектор области, города республиканского значения, столицы по государственному надзору в области промышленной безопасности и его заместитель;

3) государственный инспектор области, города республиканского значения, столицы по государственному надзору в области промышленной безопасности.

Размеры штрафа, налагаемого должностными лицами, указанными в абзаце четвертом части второй настоящей статьи, не могут превышать пятнадцать месячных расчетных показателей.

Сноска. Статья 698 в редакции Закона РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 698-1. Уполномоченный орган в области регулирования производства драгоценных металлов и оборота драгоценных металлов и драгоценных камней, сырьевых товаров, содержащих драгоценные металлы, ювелирных и других изделий из драгоценных металлов и драгоценных камней

1. Уполномоченный орган в области регулирования производства драгоценных металлов и оборота драгоценных металлов и драгоценных камней, сырьевых товаров, содержащих драгоценные металлы, ювелирных и других изделий из драгоценных металлов и драгоценных камней рассматривает дела об административных правонарушениях, предусмотренные статьями 190-1 и 297-1 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе:

1) по административным правонарушениям, предусмотренным статьей 190-1, – Главный государственный инспектор Республики Казахстан по государственному контролю и надзору и его заместители, а также главные государственные инспекторы областей и городов по государственному контролю и надзору и их заместители;

2) по административным правонарушениям, предусмотренным статьей 297-1, – руководитель уполномоченного органа в области регулирования производства драгоценных металлов и оборота драгоценных металлов и драгоценных камней, сырьевых товаров, содержащих драгоценные металлы, ювелирных и других изделий из драгоценных металлов и драгоценных камней и его заместители.

Сноска. Глава 36 дополнена статьей 698-1 в соответствии с Законом РК от 14.01.2016 № 445-V (вводится в действие по истечении двадцати одного календарного дня после дня его первого официального опубликования).

Статья 699. Органы Министерства обороны Республики Казахстан

1. Органы Министерства обороны Республики Казахстан рассматривают дела об административных правонарушениях, предусмотренных статьями 642, 644, 645, 646, 647, 648, 649, 650 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания от имени органов Министерства обороны Республики Казахстан вправе начальники местных органов военного управления.

Статья 699-1. Орган в области космической деятельности

1. Уполномоченный орган в области космической деятельности рассматривает дела об административных правонарушениях, предусмотренных статьями 310, 311 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководитель уполномоченного органа в области космической деятельности и его заместители.

Сноска. Глава 36 дополнена статьей 699-1 в соответствии с Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 700. Органы здравоохранения

1. Государственный орган в сфере обращения лекарственных средств и медицинских изделий и его территориальные подразделения рассматривают дела об административных правонарушениях, предусмотренных статьями 424 (частью первой), 426 (частями первой, 2-1 и 2-2), 432, 464 настоящего Кодекса, в пределах своей компетенции.

Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководитель государственного органа в сфере обращения лекарственных средств и медицинских изделий, его заместители, руководители территориальных подразделений и их заместители.

2. Государственный орган в сфере оказания медицинских услуг (помощи) и его территориальные подразделения рассматривают дела об административных правонарушениях, предусмотренных статьями 80 (частями 2-1 и третьей), 80-1 (частями первой и третьей), 81 (частью первой), 82 (частью первой), 424 (частями первой, второй и четвертой), 428, 432, 433 (частью первой), 464 (частью первой) настоящего Кодекса, в пределах своей компетенции.

Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководитель государственного органа в сфере оказания медицинских услуг (помощи), его заместители, руководители территориальных подразделений и их заместители.

Сноска. Статья 700 в редакции Закона РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными Законом РК от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 701. Государственный орган в сфере санитарно-эпидемиологического благополучия населения

Сноска. Заголовок статьи 701 в редакции Закона РК от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Государственные органы, осуществляющие контроль и надзор в сфере санитарно-эпидемиологического благополучия населения, рассматривают дела об административных правонарушениях, предусмотренных статьями 93 (частями второй и пятой), 203, 415 (частью первой), 425 (частью первой), 428, 429, 430 (частью первой), 431, 433 (частью первой), 464 (частью первой) настоящего Кодекса.

Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководитель государственного органа в сфере санитарно-эпидемиологического благополучия населения, его заместители, руководители территориальных подразделений и их заместители.

Сноска. Статья 701 в редакции Закона РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными Законом РК от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 702. Структурные подразделения органов внутренних дел, Комитета национальной безопасности Республики Казахстан и Министерства обороны Республики Казахстан, осуществляющие государственный санитарно-эпидемиологический контроль и надзор

1. Структурные подразделения органов внутренних дел, Комитета национальной безопасности Республики Казахстан и Министерства обороны Республики Казахстан, осуществляющие государственный санитарно-эпидемиологический контроль и надзор, рассматривают дела об административных правонарушениях, предусмотренных статьей 425 (частью первой) настоящего Кодекса о нарушениях санитарных правил и гигиенических нормативов на объектах соответственно: подведомственных органам внутренних дел и Комитета национальной безопасности Республики Казахстан; расположенных на территории военных городков и учебных центров Министерства обороны Республики Казахстан.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководители и их заместители либо уполномоченные на то должностные лица структурных подразделений органов внутренних дел, Комитета национальной безопасности Республики Казахстан, Министерства обороны Республики Казахстан, осуществляющие государственный санитарно-эпидемиологический контроль и надзор.

Статья 703. Уполномоченный орган в области ветеринарии

1. Должностные лица уполномоченного органа в области ветеринарии рассматривают дела об административных правонарушениях, предусмотренных статьей 406 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания в соответствии со статьей 406 настоящего Кодекса вправе:

1) Главный государственный ветеринарно-санитарный инспектор Республики Казахстан и его заместители;

2) государственные ветеринарно-санитарные инспекторы на ветеринарных контрольных постах;

3) главные государственные ветеринарно-санитарные инспекторы областей, городов республиканского значения, столицы и их заместители;

4) государственные ветеринарно-санитарные инспекторы областей, городов республиканского значения, столицы;

5) главные государственные ветеринарно-санитарные инспекторы их заместители, государственные ветеринарно-санитарные инспекторы районов, городов областного значения.

3. Должностными лицами уполномоченного органа в области ветеринарии штраф может взиматься на месте:

1) в местах реализации – за нарушение ветеринарных (ветеринарно-санитарных) правил при реализации животных, продукции и сырья животного происхождения;

2) на железнодорожном, водном и воздушном транспорте, на дорогах и скотопрогонных трассах – за нарушение ветеринарных (ветеринарно-санитарных) правил при осуществлении транспортировки (перемещения) подконтрольных государственному ветеринарно-санитарному контролю и надзору перемещаемых (перевозимых) объектов на территории Республики Казахстан, а также при перегоне скота;

3) на государственной границе – за нарушение ветеринарных (ветеринарно-санитарных) правил в части охраны территории Республики Казахстан от заноса и распространения заразных и экзотических болезней животных из других государств.

Статья 704. Уполномоченный орган в области племенного животноводства

1. Должностные лица уполномоченного органа в области племенного животноводства рассматривают дела об административных правонарушениях, предусмотренных статьей 407 (частью первой) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе:

1) Главный государственный инспектор по племенному животноводству Республики Казахстан;

2) заместитель Главного государственного инспектора по племенному животноводству Республики Казахстан;

3) главные государственные инспекторы по племенному животноводству областей, городов республиканского значения, столицы и их заместители;

4) государственные инспекторы по племенному животноводству областей, районов, городов областного значения.

Сноска. Статья 704 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 705. Уполномоченный орган по карантину растений

1. Уполномоченный орган по карантину растений и его органы на местах рассматривают дела об административных правонарушениях, предусмотренных статьей 400 (частями первой, третьей и четвертой) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе:

1) Главный государственный инспектор по карантину растений Республики Казахстан и его заместитель;

2) главные государственные инспекторы по карантину растений соответствующих областей, городов республиканского значения, столицы, районов, городов областного значения;

3) государственные инспекторы по карантину растений.

Сноска. Статья 705 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 28.12.2018 № 210-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.10.2019 № 268-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 706. Уполномоченный орган в области регулирования зернового рынка и семеноводства

Сноска. Заголовок статьи 706 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Уполномоченный орган в области регулирования зернового рынка и семеноводства и его территориальные органы рассматривают дела об административных правонарушениях, предусмотренных статьями 401 (частью первой), 402 (частью пятой) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководители территориальных органов и их заместители.

Сноска. Статья 706 в редакции Закона РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); с изменениями, внесенными законами РК от 04.12.2015 № 435-V (вводится в действие 01.01.2016); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 707. Уполномоченный орган в области защиты растений

1. Уполномоченный орган в области защиты растений и его подразделения на местах рассматривают дела об административных правонарушениях, предусмотренных статьями 297, 377, 403, 415 (подпунктом 1) части первой) (в части нарушения требований технических регламентов в сфере оборота пестицидов) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе:

1) Главный государственный инспектор по защите растений Республики Казахстан;

2) главные государственные инспекторы по защите растений соответствующих административно-территориальных единиц Республики Казахстан;

3) государственные инспекторы по защите растений.

Сноска. Статья 707 с изменением, внесенным Законом РК от 28.10.2019 № 268-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 708. Уполномоченные органы в области использования и охраны водного фонда

1. Уполномоченные органы в области использования и охраны водного фонда рассматривают дела об административных правонарушениях, предусмотренных статьями 138 (частью второй), 141, 299 (частями первой (за исключением промышленной безопасности), третьей и четвертой), 358, 359, 360 (частью второй), 361, 362, 363, 365 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе:

1) главный государственный инспектор по регулированию использования и охране вод и его заместители, главные государственные бассейновые (территориальные) инспекторы по регулированию использования и охране вод и их заместители – штраф на физических лиц до тридцати пяти, на должностных лиц, субъектов малого или среднего предпринимательства или некоммерческие организации – до семидесяти пяти, на субъектов крупного предпринимательства – до четырехсот размеров месячного расчетного показателя;

2) старшие государственные инспекторы по регулированию использования и охране вод – штраф на физических лиц до тридцати, на должностных лиц, субъектов малого или среднего предпринимательства или некоммерческие организации – до шестидесяти пяти, на субъектов крупного предпринимательства – до двухсот семидесяти размеров месячного расчетного показателя;

3) государственные инспекторы по регулированию использования и охране вод – штраф на физических лиц до двадцати пяти, на должностных лиц, субъектов малого или среднего предпринимательства или некоммерческие организации – до шестидесяти, на субъектов крупного предпринимательства – до двухсот шестидесяти размеров месячного расчетного показателя.

Сноска. Статья 708 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 28.10.2019 № 268-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 709. Уполномоченные органы в области лесного хозяйства, охраны, воспроизводства и использования животного мира, охраны, защиты, восстановления и использования растительного мира и особо охраняемых природных территорий

Снока. Заголовок статьи 709 с изменением, внесенным Законом РК от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

1. Уполномоченные органы в области лесного хозяйства, охраны, воспроизводства и использования животного мира, охраны, защиты, восстановления и использования растительного мира и особо охраняемых природных территорий рассматривают дела об административных правонарушениях, предусмотренных статьями 138 (частью второй), 142, 143, 337 (частями первой и второй), 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 380-1, 381, 382 (частью первой), 383 (частями первой, второй и пятой), 384, 385 (частью первой), 386, 387, 388, 390, 394 (частью первой), 395 (частью первой), 396 (частью первой), 407-1, 407-2, 464 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания от имени уполномоченных органов в области лесного хозяйства, охраны, воспроизводства и использования животного мира, охраны, защиты, восстановления и использования растительного мира и особо охраняемых природных территорий вправе:

1) за административные правонарушения, предусмотренные статьями 138 (частью второй), 142, 143, 337 (частями первой и второй), 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 380-1, 381, 382 (частью первой), 383 (частями первой, второй и пятой), 384, 385 (частью первой), 386, 387, 388, 390, 394 (частью первой), 395 (частью первой), 396 (частью первой), 407-1, 407-2, 464 настоящего Кодекса, – должностные лица уполномоченных органов в области лесного хозяйства, охраны, воспроизводства и использования животного мира, охраны, защиты, восстановления и использования растительного мира и особо охраняемых природных территорий Республики Казахстан и их территориальных органов;

2) за административные правонарушения, предусмотренные статьями 138 (частью второй), 337 (частями первой и второй), 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 377, 379, 381, 382 (частью первой), 383 (частями первой и второй), 387, 388, 407-1, 407-2,настоящего Кодекса, – руководители, заместители руководителей государственных учреждений лесного хозяйства;

3) за административные правонарушения, предусмотренные статьями 138 (частью второй), 337 (частями первой и второй), 339, 366, 367, 368, 369, 370, 371, 372, 372, 374, 377, 379, 381, 382 (частью первой), 387, 388, 407-1, 407-2,настоящего Кодекса, – должностные лица структурных подразделений в области лесного хозяйства, охраны, воспроизводства и использования животного мира областных исполнительных органов;

4) за административные правонарушения, предусмотренные статьями 138 (частью второй), 143, 337 (частями первой и второй), 339, 366, 367 (частью третьей), 368 (частью второй), 369 (частью второй), 370 (частью четвертой), 371, 372 (частью четвертой), 373 (частью второй), 374 (частью второй), 377 (частью второй), 379, 380, 380-1, 381, 382 (частью первой), 383 (частями первой, второй и пятой), 384, 387, 388, 407-1, 407-2,настоящего Кодекса, – руководители, заместители руководителей, начальники служб охраны особо охраняемых природных территорий, созданных в организационно-правовой форме государственного учреждения.

Сноска. Статья 709 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021); от 30.12.2021 № 99-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 710. Органы, осуществляющие государственный контроль за использованием и охраной земель

1. Ведомство центрального уполномоченного органа по управлению земельными ресурсами и его территориальные подразделения рассматривают дела об административных правонарушениях, предусмотренных статьями 136, 137, 138 (частью первой), 337 (частями первой и второй), 338, 339, 340, 341, 342, 342-1 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе:

1) главный государственный инспектор по использованию и охране земель Республики Казахстан и главные государственные инспекторы по использованию и охране земель соответствующих административно-территориальных единиц – штраф на физических лиц до семидесяти пяти, на должностных лиц, субъектов малого предпринимательства, некоммерческие организации – до семисот, на субъектов среднего предпринимательства – до одной тысячи, на субъектов крупного предпринимательства – до двух тысяч размеров месячного расчетного показателя;

2) Исключен Законом РК от 15.03.2023 № 208-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

3) государственные инспекторы по использованию и охране земель – штраф на физических лиц до семидесяти пяти, на должностных лиц, субъектов малого или среднего предпринимательства или некоммерческие организации – до ста пятидесяти, на субъектов крупного предпринимательства – до трехсот размеров месячного расчетного показателя.

Сноска. Статья 710 в редакции Закона РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); с изменениями, внесенными законами РК от 17.11.2015 № 408-V (вводится в действие с 01.03.2016); от 04.05.2018 № 151-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021); от 15.03.2023 № 208-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 711. Уполномоченный орган по инвестициям

1. Уполномоченный орган по инвестициям рассматривает дела об административных правонарушениях, предусмотренных статьей 148 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководитель уполномоченного органа по инвестициям и его заместители.

Статья 712. Органы, осуществляющие государственный контроль за геодезической и картографической деятельностью

Сноска. Заголовок статьи 712 с изменением, внесенным Законом РК от 15.03.2023 № 208-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Уполномоченный орган в сфере геодезии, картографии и пространственных данных рассматривает дела об административных правонарушениях, предусмотренных статьей 343 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе должностные лица ведомства уполномоченного органа в сфере геодезии, картографии и пространственных данных.

Сноска. Статья 712 в редакции Закона РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); с изменениями, внесенными Законом РК от 15.03.2023 № 208-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 713. Антимонопольный орган

1. Антимонопольный орган рассматривает дела об административных правонарушениях, предусмотренных статьями 159 (частями пятой и шестой), 160 (частью первой), 161, 162, 163, 163-1 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководитель антимонопольного органа и его заместители, а также руководители территориальных подразделений антимонопольного органа и их заместители.

Сноска. Статья 713 с изменениями, внесенными законами РК от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 15.03.2023 № 208-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 714. Уполномоченный орган, осуществляющий руководство в сферах естественных монополий

1. Уполномоченный орган, осуществляющий руководство в сферах естественных монополий, рассматривает дела об административных правонарушениях, предусмотренных статьями 164, 165, 166, 167, 168, 250, 464 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководитель уполномоченного органа, осуществляющего руководство в сферах естественных монополий, и его заместители, а также руководители территориальных подразделений уполномоченного органа, осуществляющего руководство в сферах естественных монополий, и их заместители.

Сноска. Статья 714 в редакции Закона РК от 28.12.2016 № 34-VI (вводится в действие с 01.01.2017); с изменением, внесенным Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 715. Органы, осуществляющие государственный контроль в области технического регулирования, обеспечения единства измерений и сфере стандартизации

Сноска. Заголовок с изменением, внесенным Законом РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования).

1. Органы, осуществляющие государственный контроль в области технического регулирования, обеспечения единства измерений и сфере стандартизации, рассматривают дела об административных правонарушениях, предусмотренных статьями 193 (частью первой), 203, 415 (частью первой), 415-1 (частью первой), 417 (частями второй, третьей, четвертой и пятой), 418 (частями первой и второй), 419 (частью первой), 464, 638 (частью первой) настоящего Кодекса.

2. Административные взыскания вправе налагать Главный государственный инспектор Республики Казахстан по государственному контролю и надзору и его заместители, а также главные государственные инспекторы областей и городов по государственному контролю и надзору и их заместители.

Сноска. Статья 715 с изменениями, внесенными законами РК от 21.04.2016 № 504-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 715-1. Уполномоченный орган в сфере защиты прав потребителей

1. Уполномоченный орган в сфере защиты прав потребителей рассматривает дела об административных правонарушениях, предусмотренных статьями 190 (частями пятой и шестой), 193 (частью первой) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководитель уполномоченного органа в сфере защиты прав потребителей, его заместители, руководители территориальных подразделений и их заместители.

Сноска. Глава 36 дополнена статьей 715-1 в соответствии с Законом РК от 21.04.2016 № 504-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными законами РК от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 25.06.2020 № 346-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 716. Уполномоченный орган по регистрации сельскохозяйственной техники

1. Уполномоченный орган по регистрации сельскохозяйственной техники рассматривает дела об административных правонарушениях, предусмотренных статьями 590 (частями первой, второй) (в части правонарушений, совершенных водителями тракторов, самоходных сельскохозяйственных, мелиоративных и дорожно-строительных машин), 612 (частями первой, второй, четвертой, пятой и шестой), 617, 619, 627 настоящего Кодекса, в части, касающейся поднадзорных уполномоченным органам по регистрации сельскохозяйственной техники, тракторов, иных самоходных машин и оборудования.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания от имени уполномоченного органа по регистрации сельскохозяйственной техники вправе инженеры-инспекторы районных и областных уполномоченных органов по регистрации сельскохозяйственной техники.

Сноска. Статья 716 с изменением, внесенным Законом РК от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2).

Статья 717. Уполномоченный государственный орган в области растениеводства

Сноска. Статья 717 исключена Законом РК от 28.10.2019 № 268-VI (вводится в действие с 06.01.2020).

Статья 718. Органы, осуществляющие государственный архитектурно-строительный контроль и надзор за качеством строительства объектов

1. Органы, осуществляющие государственный архитектурно-строительный контроль и надзор за качеством строительства объектов, рассматривают дела об административных правонарушениях, предусмотренных статьями 309, 312 (частью первой), 315, 316 (частью первой), 317 (частями первой, второй, третьей и 3-1), 317-1 (частью первой), 317-2 (частью первой), 318, 321, 322, 323, 464 настоящего Кодекса.

1-1. Уполномоченный орган по делам архитектуры, градостроительства и строительства рассматривает дела об административных правонарушениях, предусмотренных статьей 323-1 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе Главный государственный строительный инспектор Республики Казахстан и его заместители, а также главные государственные строительные инспекторы областей, городов республиканского значения, столицы.

Сноска. Статья 718 с изменениями, внесенными законами РК от 28.10.2015 № 366-V (порядок введения в действие см. ст. 2); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 719. Уполномоченный орган в области государственной статистики

1. Уполномоченный орган в области государственный статистики рассматривает дела об административных правонарушениях, предусмотренных статьями 497, 499, 501, 503 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководители территориальных органов уполномоченного органа в области государственной статистики и их заместители.

Сноска. Статья 719 с изменениями, внесенными Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 720. Органы государственных доходов

1. Органы государственных доходов рассматривают дела об административных правонарушениях, предусмотренных статьями 91 (частями шестой, седьмой и восьмой), 92 (частями второй, третьей и четвертой), 92-1, 151 (частью первой), 153, 155, 157, 174 (частями первой, третьей и четвертой), 177, 178, 179, 180, 181, 181-1, 194, 195, 196, 203, 205, 221, 233 (частью первой), 239 (частями первой и второй), 244 (частями первой, второй (в отношении валютных договоров по экспорту или импорту), третьей и четвертой), 246-1 (когда эти нарушения допущены при проведении аудита по налогам), 266, 269, 270, 271, 272, 273, 275, 276, 277, 278, 279, 280, 280-1, 281 (частями первой, второй, 2-1, 2-2 и третьей), 282 (частями первой, второй, 2-1, 2-2, пятой, десятой и двенадцатой), 284, 285, 285-1, 286, 287, 288, 460-1, 460-2, 464, 471, 472, 473, 474, 521, 522, 523, 524, 525, 526, 527, 528 (частями первой, второй и третьей), 529, 530, 531, 532 (частью первой), 533, 534, 535, 536, 537, 538, 539, 540, 542, 543 (частями первой и второй), 546, 547, 548 (частью первой), 551 (частями первой, второй и четвертой), 552 (частью первой), 553, 554, 555, 556, 557, 558, 571 (частями первой, второй, 2-1 и третьей), 571-1 настоящего Кодекса.

2. Органы государственных доходов также рассматривают дела об административных правонарушениях, предусмотренных статьями 230 (частью второй), 297, 334, 377 (частью первой), 425 (частью первой), 571 (частями пятой, шестой, седьмой и восьмой), 571-1, 572 (частью первой), 573, 589 (по административным правонарушениям на автомобильном транспорте), 590 (частями первой, второй, пятой, шестой, седьмой, восьмой и десятой), 612 (частью первой), 621 (частью четвертой) настоящего Кодекса, когда перечисленные в настоящей части административные правонарушения совершены в автомобильных, морских пунктах пропуска и в иных местах перемещения товаров через Государственную границу Республики Казахстан.

3. Рассматривать дела об административных правонарушениях и налагать административные взыскания от имени органов государственных доходов вправе:

по всем статьям настоящего Кодекса, отнесенным к подведомственности органов государственных доходов – руководители органов государственных доходов и их заместители;

по административным правонарушениям, предусмотренным статьями 91 (частью шестой), 92 (частью второй), 195 (частью первой), 269 (частью первой), 270 (частями первой и третьей), 271 (частью первой), 272 (частью первой), 276 (частью первой), 284 (частями первой, третьей, пятой, седьмой, девятой, одиннадцатой, тринадцатой, пятнадцатой и семнадцатой), административное взыскание в виде предупреждения, а также в виде штрафа в порядке, предусмотренном статьей 897 настоящего Кодекса, а также по правонарушениям в сфере таможенного дела – уполномоченные руководителем должностные лица органов государственных доходов.

Сноска. Статья 720 в редакции Закона РК от 29.12.2014 № 269-V (вводится в действие с 01.01.2015); с изменениями, внесенными законами РК от 16.11.2015 № 406-V (вводится в действие с 01.07.2017); от 18.11.2015 № 412-V (вводится в действие с 01.01.2021). от 03.12.2015 № 432-V (вводится в действие с 01.01.2016); от 06.04.2016 № 484-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 26.07.2016 № 12-VІ (вводится в действие по истечении двух месяцев после дня его первого официального опубликования); от 30.11.2016 № 26-VI (вводится в действие с 01.01.2017); от 03.07.2017 № 83-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 25.12.2017 № 122-VI (порядок введения в действие см. ст. 11); от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.10.2019 № 268-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2022 № 180-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 12.07.2023 № 24-VIII (вводится в действие c 01.01.2024); от 05.07.2024 № 114-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 721. Уполномоченный орган по делам государственной службы

Сноска. Заголовок статьи 721 с изменениями, внесенными Законом РК от 03.07.2020 № 357-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Уполномоченный орган по делам государственной службы рассматривает дела об административных правонарушениях, предусмотренных статьями 89 (в части правонарушений, совершенных работодателем, состоящим в отношениях с государственным служащим) и 475 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководитель структурного подразделения уполномоченного органа по делам государственной службы и его заместители, руководители территориальных подразделений уполномоченного органа по делам государственной службы и их заместители.

Сноска. Статья 721 в редакции Закона РК от 06.04.2016 № 484-V(вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными законами РК от 18.11.2015 № 412-V (вводится в действие с 01.01.2021); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.07.2020 № 357-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 06.02.2023 № 195-VII (вводится в действие с 01.04.2023).

Статья 722. Органы Министерства финансов Республики Казахстан

1. Органы Министерства финансов Республики Казахстан рассматривают дела об административных правонарушениях, предусмотренных статьями 184, 185 (когда эти нарушения совершены аудиторами, аудиторскими организациями, оценщиками), 207, 209, 216, 219, 230 (частью второй, когда эти нарушения совершены аудиторскими организациями), 233 (частями второй, третьей и четвертой), 234, 235, 236, 237, 238, 239 (частями первой, второй и пятой), 239-1, 240, 241, 246-1 (когда эти нарушения допущены при проведении аудита специального назначения субъектов квазигосударственного сектора), 247 (частями первой, второй, третьей, пятой, седьмой и десятой), 248, 249, 250, 267, 464 (когда эти нарушения совершены аудиторскими организациями) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе:

1) руководитель уполномоченного органа по внутреннему государственному аудиту, его заместители и руководители территориальных подразделений;

2) руководитель уполномоченного государственного органа, осуществляющего регулирование в области аудиторской и оценочной деятельности, его заместители и руководители территориальных подразделений.

Сноска. Статья 722 с изменениями, внесенными законами РК от 12.11.2015 № 393-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 26.12.2018 № 202-VI (вводится в действие с 01.01.2020); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 10.01.2018 № 134-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 722-1. Высшая аудиторская палата Республики Казахстан и ревизионные комиссии областей, городов республиканского значения, столицы

Сноска. Заголовок статьи 722-1 с изменением, внесенным Законом РК от 05.11.2022 № 158-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Высшая аудиторская палата Республики Казахстан и ревизионные комиссии областей, городов республиканского значения, столицы рассматривают дела об административных правонарушениях, предусмотренных статьями 216, 219, 233 (частями третьей и четвертой), 235, 236, 237, 247 (частью шестой) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать установленные административные взыскания по статьям 216, 219, 233 (частями третьей и четвертой), 235, 236, 237, 247 (частью шестой) настоящего Кодекса вправе государственные аудиторы Высшей аудиторской палаты Республики Казахстан и ревизионных комиссий областей, городов республиканского значения, столицы.

Сноска. Глава 36 дополнена статьей 722-1 в соответствии с Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными законами РК от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 05.11.2022 № 158-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 722-2. Уполномоченный орган, осуществляющий финансовый мониторинг

1. Уполномоченный орган, осуществляющий финансовый мониторинг, рассматривает дела об административных правонарушениях, предусмотренных статьей 214 (частью 3-1) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе первый руководитель уполномоченного органа, осуществляющего финансовый мониторинг, его заместители и уполномоченные работники.

Сноска. Глава 36 дополнена статьей 722-2 в соответствии с Законом РК от 01.07.2022 № 132-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 723. Уполномоченный орган по внутреннему контролю

Сноска. Статья 723 исключена Законом РК от 12.11.2015 № 393-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 724. Национальный Банк Республики Казахстан

1. Национальный Банк Республики Казахстан рассматривает дела об административных правонарушениях, предусмотренных статьями 206, 210, 210-1, 212, 213 (частью пятой), 217, 218, 220 (частями седьмой и восьмой (в отношении платежных организаций), 227 (частями первой (в отношении юридических лиц, осуществляющих деятельность исключительно через обменные пункты на основании лицензии Национального Банка Республики Казахстан на обменные операции с наличной иностранной валютой, и юридических лиц, исключительной деятельностью которых является инкассация банкнот, монет и ценностей) и третьей (в отношении операторов платежных систем, операционных центров платежных систем и поставщиков платежных услуг), 239 (частями третьей и четвертой (в отношении юридических лиц, осуществляющих деятельность исключительно через обменные пункты на основании лицензии Национального Банка Республики Казахстан на обменные операции с наличной иностранной валютой), 243, 244 (частями первой, второй (за исключением валютных договоров по экспорту или импорту), пятой, шестой, седьмой, восьмой), 252, 253, 464, 497 (в части первичных статистических данных, сбор которых входит в его компетенцию) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе Председатель Национального Банка Республики Казахстан, его заместители, руководители территориальных филиалов.

3. Полномочия Национального Банка Республики Казахстан, а также его работников, имеющих право на составление протокола о совершении административного правонарушения, определяются в соответствии с настоящим Кодексом.

Сноска. Статья 724 с изменениями, внесенными законами РК от 24.11.2015 № 422-V (вводится в действие с 01.01.2016); от 06.05.2017 № 63-VI (вводится в действие по истечении двадцати одного календарного дня после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.07.2018 № 166-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.07.2018 № 168-VІ (вводится в действие по истечении десяти календарных дней со дня его первого официального опубликования); от 02.04.2019 № 241-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 12.07.2023 № 24-VIII (вводится в действие c 01.01.2024).

Статья 724-1. Уполномоченный орган по регулированию, контролю и надзору финансового рынка и финансовых организаций

1. Уполномоченный орган по регулированию, контролю и надзору финансового рынка и финансовых организаций рассматривает дела об административных правонарушениях, предусмотренных статьями 91 (частями первой, второй, третьей, пятой, девятой, десятой, одиннадцатой и двенадцатой), 186, 208, 211 (частями второй, третьей, 3-1, четвертой, пятой, шестой и седьмой), 211-1, 211-2, 213 (частями четвертой, шестой, седьмой, восьмой, девятой, десятой, одиннадцатой, двенадцатой, тринадцатой и четырнадцатой), 220 (частями первой, второй, третьей, четвертой, 4-1, пятой, седьмой и восьмой (в отношении банков, филиалов банков – нерезидентов Республики Казахстан и организаций, осуществляющих отдельные виды банковских операций), 222, 223, 224, 225, 226, 227 (частями первой (в отношении банков, филиалов банков – нерезидентов Республики Казахстан, крупных участников банков, банковских холдингов, организаций, входящих в состав банковского конгломерата, Банка Развития Казахстана, организаций, осуществляющих отдельные виды банковских операций (за исключением юридических лиц, осуществляющих деятельность исключительно через обменные пункты на основании лицензии Национального Банка Республики Казахстан на обменные операции с наличной иностранной валютой, и юридических лиц, исключительной деятельностью которых является инкассация банкнот, монет и ценностей), второй, третьей (в отношении эмитентов, единого накопительного пенсионного фонда, добровольных накопительных пенсионных фондов, организаций, осуществляющих микрофинансовую деятельность), четвертой и пятой), 228 (частями пятой, девятой, десятой, двенадцатой, шестнадцатой, семнадцатой и девятнадцатой), 229, 230 (частями первой, третьей, четвертой, пятой и шестой), 231, 232, 239 (частями третьей и четвертой (в отношении финансовых организаций (за исключением юридических лиц, осуществляющих деятельность исключительно через обменные пункты на основании лицензии Национального Банка Республики Казахстан на обменные операции с наличной иностранной валютой, и юридических лиц, исключительной деятельностью которых является инкассация банкнот, монет и ценностей), филиалов банков – нерезидентов Республики Казахстан и организаций, осуществляющих микрофинансовую деятельность), 247 (частями четвертой и восьмой), 255, 256, 257, 259, 260, 261, 262, 264, 265, 286, 464 (частью первой) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе первый руководитель уполномоченного органа по регулированию, контролю и надзору финансового рынка и финансовых организаций, его заместители и уполномоченные работники.

3. Полномочия уполномоченного органа по регулированию, контролю и надзору финансового рынка и финансовых организаций, а также его работников, имеющих право на составление протокола о совершении административного правонарушения, определяются в соответствии с настоящим Кодексом.

Сноска. Глава 36 дополнена статьей 724-1 в соответствии с Законом РК от 03.07.2019 № 262-VІ (порядок введения в действие см. ст. 2); с изменением, внесенным Законом РК от 30.12.2019 № 300-VІ (порядок введения в действие см. ст. 2).

Статья 725. Органы социальной защиты населения Республики Казахстан

1. Органы социальной защиты населения Республики Казахстан рассматривают дела об административных правонарушениях, предусмотренных статьями 83 (кроме правонарушений, совершенных работодателями), 84, 91 (частью четвертой), 92 (частью первой) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные штрафы вправе руководители органов социальной защиты населения Республики Казахстан, их заместители.

Статья 726. Органы национальной безопасности Республики Казахстан

1. Органы национальной безопасности рассматривают дела об административных правонарушениях, предусмотренных статьями 192, 464, 504, 518, 519 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать установленные административные взыскания по статьям 192, 464, 504, 518, 519 настоящего Кодекса вправе начальник департамента и его заместители, руководители территориальных органов и их заместители.

3. Пограничная служба Комитета национальной безопасности Республики Казахстан рассматривает дела об административных правонарушениях, предусмотренных статьями 382 (частью первой), 383 (частями первой и второй), 393 (совершенных в пограничном пространстве), 394, 395 (частью первой), 396 (частью первой), 510 (частями первой, второй, третьей и пятой), 512 (частью первой), 513 (частью первой), 514 (частью первой), 515, 517 (частью третьей) настоящего Кодекса.

4. Рассматривать дела об административных правонарушениях и налагать административные взыскания от имени Пограничной службы Комитета национальной безопасности вправе:

1) руководитель Пограничной службы Комитета национальной безопасности Республики Казахстан и его заместители, руководители специальных объединений и их заместители – предупреждение либо штраф на физических лиц и должностных лиц – до семидесяти, на субъектов частного предпринимательства – до двух тысяч размеров месячного расчетного показателя;

2) начальники пограничных отрядов, командиры воинских частей пограничного контроля, морских воинских частей, коменданты отдельных пограничных комендатур и их заместители – предупреждение или штраф на физических лиц и должностных лиц – до семидесяти, на субъектов частного предпринимательства – до двухсот размеров месячного расчетного показателя;

3) коменданты пограничных комендатур и начальники отделов пограничного контроля и их заместители – предупреждение или штраф на физических лиц до двадцати, на должностных лиц – до двадцати пяти размеров месячного расчетного показателя;

4) начальники пограничных застав (постов), отделений пограничного контроля и их заместители – предупреждение или штраф на физических лиц до десяти размеров месячного расчетного показателя;

5) начальники смен (групп) отделов (отделений) пограничного контроля – предупреждение или штраф на физических лиц до пяти размеров месячного расчетного показателя.

Сноска. Статья 726 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 22.12.2016 № 28-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 727. Органы военной полиции

1. Органы военной полиции рассматривают дела об административных правонарушениях, предусмотренных статьями 434-2, 511, 590 (частями первой, второй, третьей, пятой, шестой, седьмой, девятой и десятой), 591, 592, 593, 594, 595, 596 (частями первой, второй и четвертой), 597, 598, 599, 600, 601, 602, 603 (частью третьей), 606 (частью первой), 607 (частью первой), 611 (частью первой), 612 (частями первой, второй, четвертой, пятой и шестой), 613 (частями двенадцатой и тринадцатой), 614, 615 (частями первой, второй и третьей), 617, 619, 619-1, 620, 621 (частями первой, второй и четвертой) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе уполномоченные должностные лица органов военной полиции.

3. Компетенция органов военной полиции Вооруженных Сил Республики Казахстан по административным правонарушениям в сфере транспорта распространяется на военнослужащих, военнообязанных, призванных на сборы, а также на лиц, управляющих военными транспортными средствами Вооруженных Сил Республики Казахстан, других войск и воинских формирований Республики Казахстан, за исключением частей четвертой и пятой настоящей статьи.

4. Компетенция органов военной полиции Комитета национальной безопасности Республики Казахстан по административным правонарушениям в сфере транспорта распространяется на сотрудников, работников и военнослужащих, управляющих транспортными средствами специальных государственных органов Республики Казахстан.

5. Компетенция органов военной полиции Национальной гвардии Республики Казахстан по административным правонарушениям в сфере транспорта распространяется на военнослужащих, военнообязанных, призванных на сборы, а также на лиц, управляющих военными транспортными средствами Национальной гвардии.

6. Материалы о совершенных водителями транспортных средств Вооруженных Сил Республики Казахстан, других войск и воинских формирований Республики Казахстан – военнослужащими и военнообязанными, призванными на сборы, – нарушениях, за которые в качестве административного взыскания предусмотрен штраф в установленном порядке, передаются органами военной полиции соответствующим командирам (начальникам) для решения вопроса о привлечении виновных к ответственности по Дисциплинарному уставу Вооруженных Сил Республики Казахстан, других войск и воинских формирований Республики Казахстан.

Сноска. Статья 727 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 10.01.2015 № 275-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 728. Органы по государственному контролю над производством и оборотом подакцизной продукции

1. Органы по государственному контролю над производством и оборотом подакцизной продукции рассматривают дела об административных правонарушениях, предусмотренных статьями 281 (частями первой, второй и третьей), 282 (частями первой, второй, пятой, десятой и двенадцатой), 464 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководители (заместители) органа по государственному контролю над производством и оборотом подакцизной продукции.

Сноска. Статья 728 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 25.12.2017 № 122-VI (вводится в действие с 01.01.2018); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 728-1. Органы, являющиеся лицензиарами или уполномоченные на выдачу разрешений второй категории в соответствии с законодательством Республики Казахстан

1. Органы, являющиеся лицензиарами или уполномоченные на выдачу разрешений второй категории в соответствии с законодательством Республики Казахстан, рассматривают дела об административных правонарушениях, предусмотренных статьей 464 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководители государственных органов, являющихся лицензиарами или уполномоченных на выдачу разрешений второй категории, их заместители, руководители территориальных подразделений и их заместители.

Сноска. Глава 36 дополнена статьей 728-1 в соответствии с Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 729. Местные исполнительные органы

Примечание ИЗПИ!
В часть первую предусмотрены изменения Законом РК от 10.06.2024 № 91-VIII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования);.

1. Местный исполнительный орган области, города республиканского значения, столицы, района, города областного значения рассматривает дела об административных правонарушениях, предусмотренных статьями 75, 138 (частью второй), 156, 172 (частями третьей, пятой и шестой (в части субъектов теплоснабжения в местной системе теплоснабжения и потребителей тепловой энергии), 199, 204, 250 (в части регулирования деятельности хлебоприемных предприятий), 298 (в части объектов социальной инфраструктуры), 300 (в части субъектов теплоснабжения в местной системе теплоснабжения и потребителей тепловой энергии), 300-2 (в части субъектов теплоснабжения в местной системе теплоснабжения), 301 (в части субъектов теплоснабжения в местной системе теплоснабжения), 301-1 (в части субъектов теплоснабжения в местной системе теплоснабжения), 301-2 (в части субъектов теплоснабжения в местной системе теплоснабжения), 301-3 (в части субъектов теплоснабжения в местной системе теплоснабжения), 303 (в части субъектов теплоснабжения в местной системе теплоснабжения и потребителей тепловой энергии), 304 (в части тепловых сетей субъектов теплоснабжения в местной системе теплоснабжения, потребителей тепловой энергии), 305 (в части охранных зон тепловых сетей в местных системах теплоснабжения, потребителей тепловой энергии и объектов систем газоснабжения бытовых и коммунально-бытовых потребителей), 306 (частями первой и второй), 307 (в части коммунально-бытовых потребителей), 309-2 (в части тепловых сетей в местных системах теплоснабжения и потребителей тепловой энергии), 320 (частями четвертой, пятой и шестой), 353 (в части операций по добыче общераспространенных полезных ископаемых и старательству), 382 (частью первой), 383 (частями первой и второй), 401 (частями третьей, четвертой, 4-1, пятой, седьмой, десятой и одиннадцатой), 402 (частями первой, второй и третьей), 405, 407-1, 407-2, 408, 408-1, 409 (частями восьмой, девятой, десятой и одиннадцатой), 418 (частью 1-1), 451 (частью шестнадцатой), 455 (частью первой, подпунктами 1), 2), 4), 6), 7), 8) и 9) части второй, частями третьей и пятой), 464, 488-1, 491 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе аким области, города республиканского значения и столицы, района (города республиканского, областного значения и столицы) и его заместители.

3. Акимы городов районного значения, поселков, сел, сельских округов вправе рассматривать дела об административных правонарушениях и налагать административные взыскания за административные правонарушения, предусмотренные 146, 147, 172 (частями третьей, пятой и шестой) (в части субъектов теплоснабжения в местной системе теплоснабжения и потребителей тепловой энергии), 204, 301 (в части субъектов теплоснабжения в местной системе теплоснабжения), 303 (в части субъектов теплоснабжения в местной системе теплоснабжения и потребителей тепловой энергии), 304 (в части тепловых сетей субъектов теплоснабжения в местной системе теплоснабжения, потребителей тепловой энергии), 305 (в части охранных зон тепловых сетей в местных системах теплоснабжения, потребителей тепловой энергии и объектов систем газоснабжения бытовых и коммунально-бытовых потребителей), 320 (частями четвертой, пятой и шестой), 386, 407-1, 407-2, 408, 409 (частями восьмой, девятой, десятой и одиннадцатой), 418 (частью 1-1), 491, 505 настоящего Кодекса, совершенные на территории городов районного значения, поселков, сел, сельских округов.

Сноска. Статья 729 в редакции Закона РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными законами РК от 28.10.2019 № 268-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 25.06.2020 № 346-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 05.01.2021 № 409-VI (вводится в действие с 01.01.2022); от 30.12.2021 № 99-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 15.03.2023 № 208-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 08.07.2024 № 122-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 08.07.2024 № 117-VIII (вводится в действие с 01.10.2024)

Статья 730. Уполномоченный орган в области образования

1. Уполномоченный орган в области образования рассматривает дела об административных правонарушениях, предусмотренных статьями 84, 409 (частями второй, третьей, четвертой, 4-1, 4-2, пятой, шестой, седьмой, 7-2, 7-3, 7-4, 7-5, 7-6, 7-7 и 7-9), 464 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководитель уполномоченного органа в области образования и его заместители, руководители территориальных органов уполномоченного органа в области образования и их заместители.

Сноска. Статья 730 с изменениями, внесенными законами РК от 27.12.2019 № 294-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 730-1. Уполномоченный орган в области защиты прав детей Республики Казахстан

1. Уполномоченный орган в области защиты прав детей Республики Казахстан рассматривает дела об административных правонарушениях, предусмотренных статьей 135-1 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководитель уполномоченного органа в области защиты прав детей Республики Казахстан и его заместители.

Сноска. Закон дополнен статьей 730-1 в соответствии с Законом РК от 05.07.2024 № 112-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 731. Уполномоченный орган в области туристской деятельности

1. Уполномоченный орган в области туристской деятельности рассматривает дела об административных правонарушениях, предусмотренных статьями 187, 230 (частью второй) (в части правонарушений, совершенных туроператорами и турагентами), 464 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководитель уполномоченного органа в области туристской деятельности и его заместители.

Сноска. Статья 731 с изменением, внесенным Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 731-1. Уполномоченный орган в сфере архивного дела и документационного обеспечения управления

1. Уполномоченный орган орган в сфере архивного дела и документационного обеспечения управления рассматривает дела об административных правонарушениях, предусмотренных статьей 509 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководитель уполномоченного органа в сфере архивного дела и документационного обеспечения управления и его заместители.

Сноска. Глава 36 дополнена статьей 731-1 в соответствии с Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 731-2. Уполномоченный орган в сфере развития языков

1. Уполномоченный орган в сфере развития языков рассматривает дела об административных правонарушениях, предусмотренных статьей 75 (частями первой, второй, пятой и шестой) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководитель уполномоченного органа в сфере развития языков и его заместители.

Сноска. Глава 36 дополнена статьей 731-2 в соответствии с Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 732. Уполномоченный орган в сфере игорного бизнеса

1. Уполномоченный орган в сфере игорного бизнеса рассматривает дела об административных правонарушениях, предусмотренных статьями 444 (частями третьей, четвертой и пятой), 445, 445-1, 455 (частью 1-1) и 464 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководитель уполномоченного органа в сфере игорного бизнеса и его заместители.

Сноска. Статья 732 с изменениями, внесенными законами РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 08.07.2024 № 117-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 732-1. Уполномоченный орган в области физической культуры и спорта

1. Уполномоченный орган в области физической культуры и спорта рассматривает дела об административных правонарушениях, предусмотренных статьей 409 (частью двенадцатой) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководитель уполномоченного органа в области физической культуры и спорта либо лицо, исполняющее его обязанности.

Сноска. Глава 36 дополнена статьей 732-1 в соответствии с Законом РК от 13.12.2019 № 280-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 733. Уполномоченный орган в области регулирования торговой деятельности

Примечание ИЗПИ!
В часть первую статьи 733 предусмотрено изменение Законом РК от 06.04.2024 № 71-VIII (вводится в действие с 31.12.2025).

1. Уполномоченный орган в области регулирования торговой деятельности рассматривает дела об административных правонарушениях, предусмотренных статьями 185 (когда эти нарушения совершены биржевыми брокерами и (или) биржевыми дилерами, а также работниками товарных бирж), 193 (частями четвертой и пятой), 201, 202, 204-2, 204-3, 204-4, 268, 464 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе руководитель уполномоченного органа в области регулирования торговой деятельности, его заместители, руководители территориальных подразделений уполномоченного органа в области регулирования торговой деятельности и их заместители.

Сноска. Статья 733 с изменениями, внесенными законами РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 15.03.2023 № 208-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 734. Уполномоченный орган в области производства биотоплива

1. Уполномоченный орган в области производства биотоплива рассматривает дела об административных правонарушениях, предусмотренных статьей 169 (частями первой, третьей, шестой и восьмой) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе:

1) руководитель уполномоченного органа в области производства биотоплива и его заместители;

2) руководители территориальных органов уполномоченного органа в области производства биотоплива и его заместители.

Статья 735. Уполномоченный орган в области оборота биотоплива

1. Уполномоченный орган в области оборота биотоплива рассматривает дела об административных правонарушениях, предусмотренных статьей 169 (частями четвертой и пятой) настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе:

1) руководитель уполномоченного органа в области оборота биотоплива и его заместители;

2) руководители территориальных органов уполномоченного органа в области оборота биотоплива и его заместители.

Сноска. Статья 14 с изменением, внесенным Законом РК от 25.12.2017 № 122-VI (вводится в действие с 01.01.2020).

Статья 735-1. Государственные органы, осуществляющие руководство в отдельной отрасли или сфере государственного управления, в которой введено саморегулирование

1. Государственные органы, осуществляющие руководство в отдельной отрасли или сфере государственного управления, в которой введено саморегулирование, рассматривают дела об административных правонарушениях, предусмотренных статьей 465-1 настоящего Кодекса.

2. Рассматривать дела об административных правонарушениях и налагать административные взыскания вправе:

1) руководители государственных органов, осуществляющих руководство в отдельной отрасли или сфере государственного управления, в которой введено саморегулирование, и их заместители;

2) руководители территориальных органов государственных органов, осуществляющих руководство в отдельной отрасли или сфере государственного управления, в которой введено саморегулирование, и их заместители.

Сноска. Глава 36 дополнена статьей 735-1 в соответствии с Законом РК от 25.06.2020 № 346-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

РАЗДЕЛ 4. ПРОИЗВОДСТВО ПО ДЕЛАМ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ
Глава 37. ОСНОВНЫЕ ПОЛОЖЕНИЯ

Статья 736. Законодательство, определяющее порядок производства по делам об административных правонарушениях

1. Порядок производства по делам об административных правонарушениях определяется настоящим Кодексом.

2. Порядок наложения судом административных взысканий в процессе рассмотрения уголовного или гражданского дела определяется положениями настоящего Кодекса и соответственно Уголовно-процессуального кодекса Республики Казахстан и Гражданского процессуального кодекса Республики Казахстан.

Статья 737. Задачи производства по делам об административных правонарушениях

Задачами производства по делам об административных правонарушениях являются:

1) своевременное, всестороннее, полное и объективное выяснение обстоятельств каждого дела, разрешение его в соответствии с настоящим Кодексом;

2) обеспечение реализации прав и обязанностей участников производства;

3) выявление причин и условий, способствовавших совершению административных правонарушений;

4) обеспечение исполнения постановления по делу об административном правонарушении, предписания о необходимости уплаты штрафа.

Сноска. Статья 737 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 737-1. Форма производства по делам об административных правонарушениях

Производство по делам об административных правонарушениях осуществляется в бумажной и (или) электронной формах с использованием Единого реестра административных производств.

Порядок ведения Единого реестра административных производств определяется Генеральным Прокурором Республики Казахстан.

Сноска. Глава 36 дополнена статьей 737-1 в соответствии с Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 737-2. Процессуальные документы, составленные в электронной форме

Процессуальные документы, составленные в электронной форме, удостоверяются электронной цифровой подписью судьи, должностного лица уполномоченного органа и представляются участникам производства посредством направления на указанный ими почтовый или электронный адрес либо иными способами, предусмотренными порядком ведения Единого реестра административных производств.

Наряду с представлением процессуальных документов в электронной форме допускается их представление участникам производства на бумажном носителе.

Сноска. Глава 36 дополнена статьей 737-2 в соответствии с Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 738. Язык производства

1. Производство по делам об административных правонарушениях в Республике Казахстан ведется на государственном языке, а при необходимости в производстве наравне с государственным употребляются русский язык или другие языки.

2. Судья, органы (должностные лица), уполномоченные рассматривать дела об административных правонарушениях, при необходимости изменения языка судопроизводства выносят мотивированное постановление об изменении языка производства по делу об административном правонарушении.

3. Участвующим в деле лицам, не владеющим или недостаточно владеющим языком, на котором ведется производство по делу, разъясняется и обеспечивается право делать заявления, давать объяснения и показания, заявлять ходатайства, приносить жалобы, знакомиться с материалами дела, выступать при его рассмотрении на родном языке или другом языке, которым они владеют, бесплатно пользоваться услугами переводчика в порядке, установленном настоящим Кодексом.

4. Участвующим в производстве по делам об административных правонарушениях лицам бесплатно обеспечивается перевод на язык производства необходимых им в силу закона материалов дела, изложенных на другом языке.

5. Процессуальные документы, подлежащие вручению правонарушителю и потерпевшему, должны быть переведены на их родной язык или на язык, которым они владеют.

6. Расходы по переводу и услуги переводчика оплачиваются за счет государственного бюджета.

Статья 739. Исчисление сроков

1. Сроки, используемые при производстве по делам об административных правонарушениях, исчисляются часами, сутками, месяцами и годами.

2. При исчислении сроков не принимается в расчет тот час и те сутки, которыми начинается течение срока. Это правило не относится к исчислению сроков при задержании.

3. При исчислении срока в него включается и нерабочее время, за исключением случаев, когда срок исчисляется сутками.

При исчислении срока административного ареста в него включается и нерабочее время.

4. При исчислении срока сутками срок исчисляется после ноля часов первых суток и истекает в двадцать четыре часа последних суток срока.

5. При исчислении срока месяцами или годами срок истекает в соответствующее число последнего месяца, а если этот месяц не имеет соответствующего числа, срок оканчивается в последний день этого месяца. Если окончание срока приходится на нерабочий (выходной, праздничный) день, то последним днем срока считается первый следующий за ним рабочий день, кроме случаев исчисления срока при административном задержании.

Сноска. Статья 739 с изменением, внесенным Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 740. Ходатайства

1. Лица, участвующие в производстве по делу об административном правонарушении, имеют право заявлять ходатайства, подлежащие обязательному рассмотрению судьей, органом (должностным лицом), в производстве которых находится данное дело.

2. Ходатайство заявляется в письменном виде либо в форме электронного документа, удостоверенного электронной цифровой подписью, и подлежит немедленному рассмотрению. В случаях, когда немедленное рассмотрение ходатайства невозможно, решение по нему должно быть принято не позднее трех суток с момента заявления.

3. Решение об удовлетворении ходатайства либо о полном или частичном отказе в его удовлетворении выносится в виде определения, которое доводится до лица, заявившего ходатайство.

Сноска. Статья 740 с изменением, внесенным Законом РК от 31.10.2015 № 378-V (вводится в действие с 01.01.2016).

Статья 741. Обстоятельства, исключающие производство по делу об административном правонарушении

1. Производство по делу об административном правонарушении не может быть начато, а начатое подлежит прекращению при наличии хотя бы одного из следующих обстоятельств:

1) отсутствие события административного правонарушения;

2) отсутствие состава административного правонарушения;

3) отмена закона или отдельных его положений, устанавливающих административную ответственность;

4) если закон или отдельные его положения, устанавливающие административную ответственность, или иной нормативный правовой акт, подлежащий применению в данном деле об административном правонарушении, от которого зависит квалификация деяния как административного правонарушения, признаны Конституционным Судом Республики Казахстан неконституционными;

5) истечение сроков давности привлечения к административной ответственности;

6) наличие по тому же факту в отношении лица, привлекаемого к административной ответственности, постановления судьи, органа (должностного лица) о наложении административного взыскания либо неотмененного постановления о прекращении дела об административном правонарушении, а также наличие по тому же факту постановления о признании лица подозреваемым;

7) смерть физического лица, ликвидация юридического лица, в отношении которого ведется производство по делу;

8) в случае возникновения технических ошибок в программном обеспечении, подтвержденных уполномоченным органом:

осуществляющим руководство в сфере обеспечения поступлений налогов и других обязательных платежей в бюджет, которые привели к неисполнению налогоплательщиком налогового обязательства по представлению форм налоговой отчетности в электронном виде в срок, установленный законодательством Республики Казахстан;

в области оборота нефтепродуктов, которые привели к неисполнению обязательств по представлению деклараций по обороту отдельных видов нефтепродуктов, а также сопроводительных накладных в электронном виде в срок, установленный законодательством Республики Казахстан;

в области производства и оборота этилового спирта и алкогольной продукции, которые привели к неисполнению обязательств по представлению деклараций по производству и обороту этилового спирта и алкогольной продукции, а также сопроводительных накладных на этиловый спирт и алкогольную продукцию в электронном виде в срок, установленный законодательством Республики Казахстан;

в области производства и оборота табачных изделий, которые привели к неисполнению обязательств по представлению деклараций об остатках и (или) обороте табачных изделий, сведений, необходимых для осуществления мониторинга, а также сопроводительных накладных на табачные изделия в электронном виде в срок, установленный законодательством Республики Казахстан;

в области оборота биотоплива, которые привели к неисполнению обязательств по представлению деклараций по обороту биотоплива, а также сопроводительных накладных в электронном виде в срок, установленный законодательством Республики Казахстан;

8-1) в случае возникновения ошибок в работе информационной системы по декларированию в электронной форме, подтвержденных уполномоченным органом в сфере таможенного дела, которые привели к неисполнению в установленные законодательством Республики Казахстан сроки и порядке обязанностей по совершению таможенных операций, связанных с таможенным декларированием в электронной форме;

9) иные случаи, предусмотренные налоговым, таможенным законодательством Республики Казахстан, а также Предпринимательским кодексом Республики Казахстан;

10) наличие документа, подтверждающего уплату административного штрафа в порядке, установленном статьей 897 настоящего Кодекса;

11) лицо, привлекаемое к административной ответственности, признано в установленном законом порядке потерпевшим по уголовному делу о преступлении, связанном с торговлей людьми;

12) в связи с примирением сторон в порядке, предусмотренном статьей 64 настоящего Кодекса;

13) в случае упрощенного оформления дорожно-транспортного происшествия.

2. Производство по делу об административном правонарушении прекращается по основаниям, предусмотренным подпунктами 1) и 2) части первой настоящей статьи, как при доказанности отсутствия события административного правонарушения или состава административного правонарушения, так и при недоказанности их наличия, если исчерпаны все возможности для сбора дополнительных доказательств, а также в случаях, когда причинение вреда является правомерным либо деяние совершено при обстоятельствах, которые в соответствии с главой 5 настоящего Кодекса исключают административную ответственность.

Сноска. Статья 741 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 05.11.2022 № 158-VII (вводится в действие с 01.01.2023); от 06.04.2024 № 71-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 18.07.2024 № 127-VIII (вводится в действие с 01.01.2024).

Статья 742. Обстоятельства, позволяющие не привлекать к административной ответственности

Производство по делу об административном правонарушении может быть прекращено в порядке, предусмотренном настоящим Кодексом, в случае, предусмотренном статьей 64-1 настоящего Кодекса, а также в случае передачи материала прокурору, органу досудебного производства в связи с наличием признаков уголовно наказуемого деяния, предусмотренного уголовным законодательством.

Сноска. Статья 742 с изменением, внесенным Законом РК от 21.01.2019 № 217-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 743. Уведомления (извещения)

1. Участники производства по делам об административных правонарушениях извещаются о времени и месте рассмотрения дела или совершения отдельных процессуальных действий и вызываются в суд, орган (к должностному лицу) уведомлениями (извещениями).

Время и место рассмотрения дела могут также указываться в протоколе об административном правонарушении.

2. Уведомление (извещение) направляется заказным письмом с уведомлением о его вручении, телефонограммой или телеграммой, текстовым сообщением по абонентскому номеру сотовой связи или по электронному адресу либо с использованием иных средств связи, обеспечивающих фиксацию извещения или вызова.

3. Если по указанному в деле адресу лицо фактически не проживает, извещение или вызов могут быть направлены по юридическому адресу или по месту его работы. Уведомление (извещение), адресованное юридическому лицу, направляется по месту его нахождения.

4. Уведомление (извещение) признается надлежащим образом доставленным в случаях:

1) наличия подписи лица, привлекаемого к административной ответственности, в соответствующей графе протокола об административном правонарушении;

2) извещения лица заказным письмом, телеграммой, которые вручаются ему лично или кому-то из совместно проживающих с ним совершеннолетних членов семьи под расписку на подлежащем возврату отправителю уведомлении о вручении. Извещение, адресованное юридическому лицу, вручается руководителю или работнику юридического лица, который расписывается в получении извещения на уведомлении о вручении с указанием своих фамилии, инициалов и должности;

3) направления текстового сообщения по абонентскому номеру сотовой связи или по электронному адресу, которые извещаемое лицо указало в процессе производства по делу и подтвердило своей подписью;

4) направления уведомления (извещения) органом государственных доходов электронным способом лицам, зарегистрированным в качестве электронных налогоплательщиков, в порядке, установленном налоговым законодательством Республики Казахстан.

4-1. Предписание о необходимости уплаты штрафа признается надлежащим образом доставленным в случаях:

1) направления заказным письмом, которое вручается собственнику (владельцу) транспортного средства лично или кому-то из совместно проживающих с ним совершеннолетних членов семьи под расписку на подлежащем возврату отправителю уведомлении о вручении. Предписание о необходимости уплаты штрафа, направленное юридическому лицу, вручается руководителю или работнику юридического лица, который расписывается в получении предписания на уведомлении о вручении с указанием своих фамилии, инициалов и должности;

2) отказа адресата принять предписание о необходимости уплаты штрафа. При этом лицо, доставляющее его, делает соответствующую отметку на уведомлении о вручении, которое вместе с предписанием возвращается отправителю;

3) непосредственного вручения предписания о необходимости уплаты штрафа собственнику (владельцу) транспортного средства лично или кому-то из совместно проживающих с ним совершеннолетних членов семьи под расписку должностным лицом;

4) направления текстового сообщения на абонентский номер сотовой связи, указанный собственником (владельцем) транспортного средства на веб-портале "электронного правительства" и (или) информационном сервисе уполномоченного органа в области правовой статистики и специальных учетов, а также в кабинет пользователя на веб-портале "электронного правительства" с отправлением короткого текстового сообщения на абонентский номер сотовой связи, зарегистрированный на веб-портале "электронного правительства", для получения уведомлений о вынесенных в его адрес предписаниях о необходимости уплаты штрафа.

5. Лицо, в отношении которого осуществляется производство по делу об административном правонарушении, подтверждает своей подписью ознакомление с тем, что указанные им адрес места жительства (места нахождения), места работы, абонентского номера сотовой связи, электронного адреса достоверны, а уведомление (извещение), направленное на указанные контакты, будет считаться надлежащим и достаточным.

5-1. Лицу, в отношении которого возбуждено дело, а также другим участникам производства по делу вручается талон о согласии на получение уведомления о явке в суд через текстовое сообщение по абонентскому номеру сотовой связи, расходы на которое оплачиваются за счет них.

Отрывная часть талона вручается вместе с копией протокола об административном правонарушении.

6. При отказе адресата принять уведомление (извещение), лицо, доставляющее или вручающее его, делает соответствующую отметку на уведомлении (извещении), которое возвращается в суд, орган (к должностному лицу).

7. Отказ адресата от принятия уведомления (извещения) не является препятствием к рассмотрению дела или совершению отдельных процессуальных действий.

Сноска. Статья 743 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 31.10.2015 № 378-V (вводится в действие с 01.01.2016); от 03.12.2015 № 432-V (вводится в действие с 01.01.2016); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 06.02.2023 № 195-VII (вводится в действие с 01.04.2023).

Глава 38. УЧАСТНИКИ ПРОИЗВОДСТВА ПО ДЕЛАМ ОБ АДМИНИСТРАТИВНЫХ
ПРАВОНАРУШЕНИЯХ, ИХ ПРАВА И ОБЯЗАННОСТИ

Статья 744. Лицо, в отношении которого ведется производство по делу об административном правонарушении

1. Лицо, в отношении которого ведется производство по делу об административном правонарушении, вправе знакомиться с протоколом и другими материалами дела, давать объяснения, делать замечания по содержанию и оформлению протокола, представлять доказательства, заявлять ходатайства, в том числе о незамедлительном рассмотрении дела в суде и немедленном вступлении постановления по делу об административном правонарушении в законную силу, и отводы, пользоваться юридической помощью защитника, при рассмотрении дела выступать на родном языке или языке, которым владеет, и безвозмездно пользоваться услугами переводчика, если не владеет языком, на котором ведется производство; обратиться с жалобой по применению мер обеспечения производства по делу, на нарушение закона при составлении протокола об административном правонарушении в случае указания сведений, не соответствующих фактическим данным и обстоятельствам, на предписание о необходимости уплаты штрафа и постановление по делу; делать выписки и снимать копии с имеющихся в деле документов, а также пользоваться иными процессуальными правами, предоставленными ему настоящим Кодексом.

2. Дело об административном правонарушении рассматривается с участием лица, в отношении которого ведется производство по делу об административном правонарушении. Участие лица, в отношении которого ведется производство по делу, в суде может быть осуществлено с использованием научно-технических средств. В отсутствие указанного лица дело может быть рассмотрено лишь в случаях, если административное правонарушение зафиксировано сертифицированными специальными контрольно-измерительными техническими средствами и приборами, работающими в автоматическом режиме, или когда имеются данные о надлежащем его извещении о месте и времени рассмотрения дела и если от него не поступало ходатайство об отложении рассмотрения дела.

3. При рассмотрении дела об административном правонарушении, совершенном лицом, не достигшим восемнадцатилетнего возраста, либо совершение которого влечет административное взыскание в виде административного ареста, а также административного выдворения за пределы Республики Казахстан иностранца либо лица без гражданства или лишения специального права (за исключением права управления транспортными средствами), предоставленного лицу, присутствие лица, привлекаемого к административной ответственности, обязательно.

4. В случае уклонения лиц, указанных в части третьей настоящей статьи, от явки по вызову судьи, органа (должностного лица), рассматривающих дело об административном правонарушении, в производстве которых находится дело об административном правонарушении, это лицо может быть подвергнуто приводу.

Определение суда о приводе исполняется судебным приставом или органом внутренних дел; определение органа (должностного лица), рассматривающего дело об административном правонарушении, – органом внутренних дел (полицией).

5. Несовершеннолетнее лицо, в отношении которого ведется производство по делу об административном правонарушении, может быть удалено на время рассмотрения обстоятельств дела, обсуждение которых может отрицательно повлиять на него.

Сноска. Статья 744 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 745. Потерпевший

1. Потерпевшим является физическое или юридическое лицо, которому административным правонарушением причинен физический, имущественный или моральный вред.

2. Потерпевший вправе знакомиться со всеми материалами дела, давать объяснения, представлять доказательства, заявлять ходатайства, в том числе о незамедлительном рассмотрении дела в суде и немедленном вступлении постановления по делу об административном правонарушении в законную силу, и отводы, иметь представителя, обжаловать протокол об административном правонарушении и постановление по делу об административном правонарушении, пользоваться иными процессуальными правами, предоставленными ему настоящим Кодексом.

3. Дело об административном правонарушении рассматривается с участием потерпевшего. Участие потерпевшего в суде может быть осуществлено с использованием научно-технических средств. В его отсутствие дело может быть рассмотрено лишь в случаях, когда имеются данные о надлежащем его извещении о месте и времени рассмотрения дела и если от него не поступало ходатайство об отложении рассмотрения дела.

4. Потерпевший может быть опрошен в качестве свидетеля в порядке, предусмотренном статьей 754 настоящего Кодекса. Если потерпевшим является юридическое лицо, в качестве свидетеля может быть опрошен его представитель.

Сноска. Статья 745 с изменениями, внесенными Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 746. Законные представители физического лица

1. Защиту прав и законных интересов физического лица, в отношении которого ведется производство по делу об административном правонарушении, или потерпевшего, являющихся несовершеннолетними или по своему физическому или психическому состоянию лишенных возможности самостоятельно осуществлять свои права, осуществляют их законные представители.

2. Законными представителями физического лица признаются родители, усыновители, опекуны, попечители и иные лица, на попечении или иждивении которых оно находится.

3. Родственные связи или соответствующие полномочия лиц, являющихся законными представителями физического лица, удостоверяются документами, предусмотренными законодательством Республики Казахстан.

4. Законный представитель физического лица, в отношении которого ведется производство по делу об административном правонарушении, допускается к участию в деле с момента административного задержания лица, привлекаемого к административной ответственности, или составления протокола об административном правонарушении.

5. Законные представители физического лица, в отношении которого ведется производство по делу об административном правонарушении, и потерпевшего имеют права и несут обязанности, предусмотренные настоящим Кодексом в отношении представляемых ими лиц.

6. При рассмотрении дела об административном правонарушении, совершенном лицом, не достигшим восемнадцатилетнего возраста, участие его законного представителя обязательно. В случае уклонения от явки законный представитель несовершеннолетнего может быть подвергнут приводу, осуществляемому органом внутренних дел (полицией).

Статья 747. Представители индивидуального предпринимателя, юридического лица

Сноска. Заголовок статьи 747 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Защиту прав и законных интересов юридического лица, в отношении которого ведется производство по делу об административном правонарушении или являющегося потерпевшим, осуществляют его представители.

2. Законным представителем юридического лица является руководитель исполнительного органа юридического лица, который действует от имени юридического лица. Полномочия законного представителя юридического лица подтверждаются документами, удостоверяющими его служебное положение.

Иные лица, представляющие интересы юридического лица, являются представителями по поручению, полномочия которых определяются доверенностью, выдаваемой от имени юридического лица исполнительным органом юридического лица и подписываемой руководителем исполнительного органа.

3. Представители юридического лица, в отношении которого ведется производство по делу об административном правонарушении, и потерпевшего имеют права и несут обязанности, предусмотренные настоящим Кодексом, в отношении представляемых ими лиц.

4. Дело об административном правонарушении рассматривается с участием представителя юридического лица, в отношении которого ведется производство по делу об административном правонарушении. В отсутствие указанного лица дело может быть рассмотрено лишь в случаях, когда имеются данные о его надлежащем извещении о месте и времени рассмотрения дела, если от него не поступило ходатайство об отложении рассмотрения дела.

5. При рассмотрении дела об административном правонарушении, совершение которого влечет административное взыскание в виде конфискации предмета, явившегося орудием либо предметом совершения административного правонарушения, либо конфискации доходов (дивидендов), денег и ценных бумаг, полученных вследствие совершения административного правонарушения, присутствие представителя юридического лица, привлекаемого к административной ответственности, обязательно.

6. В случае уклонения представителя юридического лица от явки по вызову судьи, органа (должностного лица), в производстве которых находится дело, указанное лицо может быть подвергнуто приводу органами внутренних дел (полицией), антикоррупционной службой и службой экономических расследований на основании определения судьи, органа (должностного лица), в производстве которых находится дело.

7. Представители индивидуального предпринимателя имеют те же процессуальные права и обязанности, что и представители юридического лица в пределах, предусмотренных настоящим Кодексом.

Сноска. Статья 747 с изменениями, внесенными законами РК от 06.04.2016 № 484-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 748. Защитник

1. Защитник – лицо, осуществляющее в установленном законом порядке защиту прав и интересов лица, привлекаемого к административной ответственности, и оказывающее ему юридическую помощь.

2. В качестве защитников участвуют адвокаты. Наряду с адвокатами в качестве защитников допускаются супруг (супруга), близкие родственники или законные представители лица, привлекаемого к административной ответственности. Иностранные адвокаты допускаются к участию в деле в качестве защитников, если это предусмотрено международным договором Республики Казахстан с соответствующим государством на взаимной основе, в порядке, определяемом законодательством.

3. Защитник допускается к участию в деле с момента административного задержания лица, привлекаемого к административной ответственности, возбуждения дела об административном правонарушении, а также на любой стадии производства по делу об административном правонарушении.

4. Одно и то же лицо не может быть защитником двух участников производства по делам об административных правонарушениях, если интересы одного из них противоречат интересам другого.

5. Адвокат не вправе отказаться от участия в качестве защитника по делу об административном правонарушении, за исключением случаев, предусмотренных законодательством Республики Казахстан.

Сноска. Статья 748 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 749. Обязательное участие защитника

1. Участие защитника в производстве по делу об административном правонарушении обязательно в случаях, если:

1) об этом ходатайствует лицо, привлекаемое к административной ответственности;

2) лицо, привлекаемое к административной ответственности, в силу физических или психических недостатков не может самостоятельно осуществлять свое право на защиту;

3) лицо, привлекаемое к административной ответственности, не владеет языком, на котором ведется производство;

4) лицо, привлекаемое к административной ответственности, является несовершеннолетним.

2. Если при наличии обстоятельств, предусмотренных частью первой настоящей статьи, защитник не приглашен самим лицом, привлекаемым к административной ответственности, его законными представителями, а также другими лицами по его поручению, судья, орган (должностное лицо), уполномоченные рассматривать дела об административных правонарушениях, обязаны обеспечить участие защитника на соответствующей стадии производства, о чем ими выносится постановление. Постановление направляется для исполнения в коллегию адвокатов области, города республиканского значения, столицы или ее структурные подразделения и подлежит исполнению в срок не более двадцати четырех часов с момента его получения.

Статья 750. Приглашение, назначение, замена защитника, оплата его труда

1. Защитник приглашается лицом, в отношении которого ведется производство по делу об административном правонарушении, его представителями, а также другими лицами по поручению или с согласия лица, в отношении которого ведется производство по делу об административном правонарушении. Лицо, в отношении которого ведется производство по делу об административном правонарушении, вправе пригласить для защиты нескольких защитников.

2. По просьбе лица, в отношении которого ведется производство по делу об административном правонарушении, участие защитника обеспечивается судьей, органом (должностным лицом), уполномоченными рассматривать дела об административных правонарушениях.

3. В тех случаях, когда участие избранного или назначенного защитника невозможно в течение двадцати четырех часов, судья, орган (должностное лицо), уполномоченные рассматривать дела об административных правонарушениях, вправе предложить лицу, в отношении которого ведется производство по делу об административном правонарушении, пригласить другого защитника или принять меры к назначению защитника через коллегию адвокатов или ее структурные подразделения. Судья, орган (должностное лицо), уполномоченные рассматривать дела об административных правонарушениях, не вправе рекомендовать лицу, в отношении которого ведется производство по делу об административном правонарушении, пригласить в качестве защитника определенное лицо.

4. В случае административного задержания, если явка защитника, избранного лицом, в отношении которого ведется производство по делу об административном правонарушении, невозможна в течение трех часов, судья, орган (должностное лицо), уполномоченные рассматривать дела об административных правонарушениях, предлагают лицу, в отношении которого ведется производство по делу об административном правонарушении, пригласить другого защитника, а в случае отказа принимает меры к назначению защитника через коллегию адвокатов или ее структурные подразделения.

5. Оплата труда адвоката производится в соответствии с законодательством Республики Казахстан. Судья, орган (должностное лицо), уполномоченные рассматривать дела об административных правонарушениях, при наличии к тому оснований обязаны освободить лицо, в отношении которого ведется производство по делу об административном правонарушении, от оплаты юридической помощи. В этом случае оплата труда производится за счет бюджетных средств.

6. Расходы по оплате труда адвокатов производятся за счет бюджетных средств и в случае, предусмотренном частью второй 749 настоящего Кодекса, когда адвокат участвовал в производстве по делу по назначению.

7. Адвокат вступает в дело об административном правонарушении в качестве защитника по предъявлении удостоверения адвоката и письменного уведомления о защите (представительстве), предусмотренных Законом Республики Казахстан "Об адвокатской деятельности и юридической помощи". Истребование иных документов, подтверждающих полномочия адвоката на ведение конкретного дела, запрещается. Другие лица, указанные в части второй статьи 748 настоящего Кодекса, представляют документы, подтверждающие их право на участие в деле в качестве защитника (свидетельство о браке, а также документы, указанные в части третьей статьи 746 и части третьей статьи 747 настоящего Кодекса).

Сноска. Статья 750 с изменением, внесенным Законом РК от 05.07.2018 № 177-VI (вводится в действие с 01.01.2019).

Статья 751. Отказ от защитника

1. Лицо, в отношении которого ведется производство по делу об административном правонарушении, вправе в любой момент производства по делу отказаться от защитника, что означает его намерение осуществлять свою защиту самостоятельно. Не принимается отказ от защитника по мотивам отсутствия средств для оплаты юридической помощи. Отказ оформляется в письменной форме.

2. Отказ от защитника не лишает лицо, в отношении которого ведется производство по делу об административном правонарушении, права в дальнейшем ходатайствовать о допуске защитника к участию в деле. Вступление защитника в дело не влечет повторения действий, которые были к этому времени совершены в ходе рассмотрения дела об административном правонарушении.

Статья 752. Полномочия защитника

1. Защитник вправе: знакомиться со всеми материалами дела; участвовать в рассмотрении дела; представлять доказательства; заявлять ходатайства и отводы; с разрешения судьи, органа (должностного лица), уполномоченного рассматривать дело, задавать вопросы опрашиваемым в процессе рассмотрения дела лицам; обжаловать применение мер обеспечения производства по делу и постановление по делу; пользоваться иными правами, предоставленными ему законом.

2. Защитник не вправе: совершать каких–либо действий против интересов подзащитного и препятствовать осуществлению принадлежащих ему прав; вопреки позиции подзащитного признавать его причастность к административному правонарушению и виновность в его совершении, заявлять о примирении подзащитного с потерпевшим; отзывать поданные подзащитным жалобы и ходатайства; разглашать сведения, которые стали ему известны в связи с обращением за юридической помощью и ее осуществлением.

Статья 753. Представитель потерпевшего

1. Представителями потерпевшего могут быть лица, правомочные в силу закона представлять при производстве по делу об административном правонарушении законные интересы потерпевшего.

1-1. Для защиты прав и законных интересов потерпевших, являющихся несовершеннолетними либо по своему физическому или психическому состоянию лишенных возможности самостоятельно защищать свои права и законные интересы, к обязательному участию в процессе привлекаются их законные представители и представители.

2. Представители потерпевшего имеют те же процессуальные права, что и представляемые ими физические и юридические лица в пределах, предусмотренных настоящим Кодексом.

3. Представитель не вправе совершать каких–либо действий вопреки интересам представляемого лица.

4. Личное участие в деле потерпевшего не лишает его права иметь по этому делу представителя.

Сноска. Статья 753 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 754. Свидетель

1. В качестве свидетеля по делу об административном правонарушении может быть вызвано любое лицо, которому могут быть известны обстоятельства, имеющие значение для данного дела, если иное не предусмотрено законом.

2. Свидетель вправе: отказаться от дачи показаний против себя, супруга (супруги) или близких родственников; делать заявления и замечания по поводу правильности внесения своих показаний в соответствующий протокол; при рассмотрении дела выступать на родном языке; пользоваться бесплатной помощью переводчика.

3. Свидетель обязан явиться по вызову судьи, органа (должностного лица), в производстве которых находится дело об административном правонарушении, правдиво сообщить все известное ему по делу и ответить на поставленные вопросы, удостоверить своей подписью в соответствующем протоколе правильность внесения его показаний.

4. Свидетель предупреждается об административной ответственности за уклонение или отказ от дачи показаний, дачу заведомо ложных показаний органу (должностному лицу), уполномоченному рассматривать дела об административных правонарушениях, и об уголовной ответственности за совершение этих деяний в суде.

5. В случае уклонения свидетеля от явки по вызову судьи, органа (должностного лица), в производстве которых находится дело об административном правонарушении, он может быть подвергнут приводу органом внутренних дел (полицией) на основании определения судьи, органа (должностного лица).

6. При опросе несовершеннолетнего свидетеля, не достигшего четырнадцатилетнего возраста, обязательно участие педагога или психолога. В случае необходимости опрос производится в присутствии законного представителя такого свидетеля.

Статья 755. Понятой

1. В случаях, предусмотренных настоящим Кодексом, в качестве понятого привлекается совершеннолетнее лицо, незаинтересованное в исходе дела, способное полно и правильно воспринимать происходящие в его присутствии действия.

2. Участие понятого в производстве по делу об административном правонарушении отражается в протоколах о личном досмотре, досмотре транспортного средства, вещей, изъятии документов и вещей, находящихся при физическом лице, осмотра территорий, помещений и имущества, принадлежащих юридическому лицу, изъятия документов и имущества, принадлежащих юридическому лицу.

3. Понятой обязан явиться по вызову должностного лица, в производстве которого находится дело об административном правонарушении, принять участие в производстве по этому делу и удостоверить своей подписью в соответствующем протоколе факт осуществления действий, производящихся с его участием, их содержание и результаты.

4. Понятой имеет право делать заявления и замечания по поводу производимого действия, подлежащие занесению в протокол.

5. В случае необходимости понятой может быть допрошен в качестве свидетеля в порядке, предусмотренном статьей 754 настоящего Кодекса.

Статья 756. Специалист

1. В качестве специалиста для участия в производстве по делу об административном правонарушении может быть назначено любое незаинтересованное в исходе дела совершеннолетнее лицо, обладающее специальными знаниями и навыками, необходимыми для оказания содействия в собирании, исследовании и оценке доказательств, а также в применении технических средств.

2. Специалист вправе: знать цель своего вызова; отказаться от участия в производстве по делу, если не обладает соответствующими специальными знаниями и навыками; знакомиться с материалами дела, относящимися к процессуальному действию, совершаемому с его участием; с разрешения судьи, органа (должностного лица), в производстве которых находится дело об административном правонарушении, задавать вопросы участникам процессуального действия; в рамках процессуального действия проводить исследование, за исключением сравнительного, материалов дела с отражением его хода и результатов в протоколе либо официальном документе, являющемся частью протокола процессуального действия; знакомиться с протоколом процессуального действия, в котором он принимал участие, и делать подлежащие занесению в протокол заявления и замечания относительно полноты и правильности фиксации хода и результатов проводившихся при его участии действий.

3. Специалист обязан: явиться по вызову судьи, органа (должностного лица), осуществляющего производство по делу об административном правонарушении; участвовать в процессуальном действии, используя специальные знания, навыки и научно–технические средства; давать пояснения по поводу совершаемых им действий; удостоверить своей подписью факт совершения указанных действий, их содержание и результаты.

Статья 757. Эксперт

1. В качестве эксперта может быть вызвано не заинтересованное в деле лицо, обладающее специальными научными знаниями. Производство судебной экспертизы может быть поручено:

1) сотрудникам органов судебной экспертизы;

2) физическим лицам, занимающимся судебно-экспертной деятельностью на основании лицензии;

3) в разовом порядке иным лицам в соответствии с требованиями закона.

2. Эксперт вправе: знакомиться с материалами дела, относящимися к предмету экспертизы; заявлять ходатайства о представлении ему дополнительных материалов, необходимых для дачи заключения, участвовать в производстве процессуальных действий с разрешения органа (должностного лица), в производстве которого находится дело об административном правонарушении, и задавать участвующим в них лицам вопросы, относящиеся к предмету экспертизы; знакомиться с протоколом процессуального действия, в котором он участвовал, и делать подлежащие внесению в протоколы замечания относительно полноты и правильности фиксации его действий и показаний; по согласованию с судьей, органом (должностным лицом), назначившим судебную экспертизу, давать в пределах своей компетенции заключение по выявленным в ходе судебно–экспертного исследования обстоятельствам, имеющим значение для дела, выходящим за пределы вопросов, содержащихся в определении о назначении судебной экспертизы; представлять заключение и давать показания на родном языке или языке, которым владеет; пользоваться бесплатной помощью переводчика; заявлять отвод переводчику; обжаловать решения и действия суда и иных лиц, участвующих в производстве по делу, ущемляющие его права при производстве экспертизы; получать возмещение расходов, понесенных при производстве экспертизы, и вознаграждение за выполненную работу, если производство судебной экспертизы не входит в круг его должностных обязанностей.

3. Эксперт не вправе: вести переговоры с участниками производства по делу об административном правонарушении по вопросам, связанным с производством экспертизы, без ведома органа, осуществляющего производство по делу; самостоятельно собирать материалы для исследования; проводить исследования, могущие повлечь полное или частичное уничтожение объектов либо изменение их внешнего вида или основных свойств, если на это не было специального разрешения органа, назначившего экспертизу.

4. Эксперт обязан: являться по вызову судьи, органа (должностного лица), в производстве которых находится дело об административном правонарушении; провести всестороннее, полное и объективное исследование представленных ему объектов, дать обоснованное письменное заключение по поставленным перед ним вопросам; отказаться от дачи заключения и составить мотивированное письменное сообщение о невозможности дать заключение и направить его органу (должностному лицу), назначившему судебную экспертизу, в случаях, предусмотренных частью тринадцатой статьи 772 настоящего Кодекса; давать показания по вопросам, связанным с проведенным исследованием и данным заключением; обеспечивать сохранность исследуемых объектов; не разглашать сведения об обстоятельствах дела и иные сведения, ставшие ему известными в связи с производством экспертизы.

5. За дачу заведомо ложного заключения эксперт несет ответственность, предусмотренную настоящим Кодексом.

6. Эксперт, являющийся сотрудником органа судебной экспертизы, считается по роду своей деятельности ознакомленным с его правами и обязанностями и предупрежденным об ответственности за дачу заведомо ложного заключения в суде, предусмотренной настоящим Кодексом.

Сноска. Статья 757 с изменениями, внесенными Законом РК от 10.02.2017 № 45-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 758. Переводчик

1. В качестве переводчика назначается любое незаинтересованное в исходе дела совершеннолетнее лицо, владеющее языками (понимающее знаки немого или глухого), знания которых необходимы для перевода при производстве по делу об административном правонарушении.

2. Переводчик назначается судьей, органом (должностным лицом), в производстве которых находится дело об административном правонарушении.

3. Переводчик вправе: отказаться от участия в производстве по делу, если он не обладает знаниями, необходимыми для перевода; задавать присутствующим при осуществлении перевода лицам вопросы для уточнения перевода; знакомиться с протоколом процессуального действия, в производстве которого он участвовал, и делать подлежащие занесению в протокол замечания относительно полноты и правильности фиксации перевода.

4. Переводчик обязан: явиться по вызову судьи, органа (должностного лица), в производстве которых находится дело об административном правонарушении, и выполнить полно и точно порученный ему перевод; удостоверить верность перевода своей подписью в соответствующем протоколе.

5. Переводчик предупреждается об административной ответственности за выполнение заведомо ложного перевода при рассмотрении дела об административном правонарушении органом (должностным лицом), уполномоченным рассматривать дела об административных правонарушениях, и об уголовной ответственности за совершение этого деяния в суде.

6. Правила настоящей статьи распространяются на привлеченное к участию в деле об административном правонарушении лицо, понимающее знаки немого или глухого.

Статья 759. Прокурор

1. Высший надзор за соблюдением законности в процессе производства по делам об административных правонарушениях от имени государства осуществляется Генеральным Прокурором Республики Казахстан как непосредственно, так и через подчиненных ему прокуроров.

При осуществлении своих процессуальных полномочий прокурор независим и подчиняется только закону.

2. В целях реализации своих полномочий, предусмотренных статьей 760 настоящего Кодекса, прокурор вправе: участвовать в производстве по делам об административных правонарушениях; представлять доказательства и участвовать в их исследовании; излагать суду, органу (должностному лицу), рассматривающему дело, свое мнение о виновности лица, в отношении которого ведется производство по делу об административном правонарушении, а также по другим вопросам, возникающим в процессе рассмотрения дела; высказывать суду, органу (должностному лицу), рассматривающему дело, предложение о применении положений закона и наложении административного взыскания либо освобождении от него.

3. Прокурор в обязательном порядке извещается о месте и времени рассмотрения дела об административном правонарушении, совершенном несовершеннолетним лицом, а также правонарушении, влекущем административный арест, административное выдворение иностранца или лица без гражданства за пределы Республики Казахстан. В его отсутствие такое дело может быть рассмотрено лишь в случаях, когда имеются данные о своевременном извещении прокурора о месте и времени рассмотрения дела и если от него не поступило ходатайство об отложении рассмотрения дела.

Сноска. Статья 759 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 11.07.2017 № 91-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 759-1. Секретарь судебного заседания

1. Секретарем судебного заседания является не заинтересованный по делу об административном правонарушении государственный служащий, который ведет протокол судебного заседания суда, а также обеспечивает аудио-, видеофиксацию судебного заседания.

2. Секретарь судебного заседания обязан:

1) находиться в зале судебного заседания все время, пока ему необходимо обеспечивать протоколирование, и не покидать заседание суда без разрешения председательствующего;

2) полно и правильно излагать в протоколе действия и решения суда, ходатайства, возражения, показания, объяснения всех лиц, участвующих в заседании суда, а также другие обстоятельства, подлежащие отражению в протоколе заседания суда;

3) составлять протокол судебного заседания;

4) не разглашать сведения об обстоятельствах, ставших известными в связи с его участием в закрытом судебном заседании;

5) подчиняться законным распоряжениям председательствующего.

3. Секретарь судебного заседания несет личную ответственность за полноту и правильность протокола заседания суда.

4. В случае внесения недостоверных либо не соответствующих действительности сведений в протокол судебного заседания секретарь несет ответственность, предусмотренную законом.

Сноска. Глава 38 дополнена статьей 759-1 в соответствии с Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 760. Полномочия прокурора по обеспечению законности производства по делам об административных правонарушениях

1. По результатам проверок производства по делам об административных правонарушениях, оценки законности постановления и иных актов прокурор вправе:

1) вносить в суд, орган (должностному лицу) протест на постановление по делу об административном правонарушении или предписание о необходимости уплаты штрафа;

2) давать письменные указания уполномоченным должностным лицам и органам (кроме суда) о производстве дополнительной проверки;

3) требовать от уполномоченных органов проведения проверки в подконтрольных или подведомственных им организациях;

4) в установленных законом случаях прекращать производство об административном правонарушении;

5) приостанавливать исполнение постановления об административном взыскании или предписания о необходимости уплаты штрафа;

6) выносить постановление об освобождении лица, незаконно подвергнутого административному задержанию;

7) выносить постановление или требование о снятии любых мер запретительного или ограничительного характера, наложенных должностными лицами государственных органов в связи с исполнением своих обязанностей в случаях нарушения прав и законных интересов физических, юридических лиц и государства;

8) выносить постановление о возбуждении производства по делу об административном правонарушении.

2. Акты прокурора, указанные в подпунктах 6) и 7) части первой настоящей статьи, подлежат незамедлительному исполнению. Должностные лица, виновные в задержке исполнения указанных актов прокурора, несут ответственность, установленную законом.

Сноска. Статья 760 с изменениями, внесенными законами РК от 11.07.2017 № 91-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 761. Ответственность за неисполнение процессуальных обязанностей

1. Неисполнение процессуальных обязанностей, предусмотренных статьями 754, 756, 757, 758 настоящего Кодекса, свидетелем, специалистом, экспертом и переводчиком влечет административную ответственность, установленную в статьях 658, 659, 661 настоящего Кодекса.

2. В случае совершения действий, указанных в части первой настоящей статьи, при рассмотрении дела об административном правонарушении, жалобы, апелляционного ходатайства, протеста прокурора на постановление по делу в протоколах рассмотрения жалобы, апелляционного ходатайства, протеста прокурора на постановление по делу производится соответствующая запись.

Сноска. Статья 761 с изменением, внесенным Законом РК от 11.07.2017 № 91-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 762. Обстоятельства, исключающие возможность участия в производстве по делу об административном правонарушении

1. К участию в производстве по делу об административном правонарушении не допускаются в качестве защитника и представителя лица, являющиеся сотрудниками государственных органов, осуществляющих надзор и контроль за соблюдением правил, нарушение которых явилось основанием для возбуждения данного дела, или если они ранее выступали в качестве иных участников производства по данному делу.

2. К участию в производстве по делу об административном правонарушении не допускаются секретарь судебного заседания, судебный пристав, эксперт и переводчик, если: они состоят в родственных отношениях с лицом, привлекаемым к административной ответственности, потерпевшим, их представителями, защитником, представителем, прокурором, судьей, должностным лицом, в производстве которых находится данное дело, либо они ранее выступали в качестве иных участников производства по данному делу; обнаружилась их некомпетентность, а равно имеются иные основания считать этих лиц прямо или косвенно заинтересованными в данном деле.

3. Предыдущее участие лица в деле в качестве эксперта является обстоятельством, исключающим поручение ему производства экспертизы в случаях, когда она назначается повторно после проведенной с его участием экспертизы.

Сноска. Статья 762 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 763. Отводы лиц, участие которых в производстве по делу не допускается

1. При наличии предусмотренных статьей 762 настоящего Кодекса обстоятельств, исключающих возможность участия защитника, представителя, прокурора, эксперта и переводчика в производстве по делу об административном правонарушении, указанные лица подлежат отводу.

2. Заявление о самоотводе или отводе подается судье, органу (должностному лицу), в производстве которых находится дело об административном правонарушении.

3. Заявление о самоотводе или отводе рассматривается в течение трех суток со дня подачи заявления.

4. Рассмотрев заявление о самоотводе либо отводе, судья, орган (должностное лицо) выносят определение об удовлетворении заявления либо об отказе в его удовлетворении.

Статья 764. Возмещение расходов потерпевшему, свидетелю, эксперту, специалисту, переводчику или понятому

1. Потерпевшему, свидетелю, эксперту, специалисту, переводчику и понятому возмещаются в установленном гражданско-процессуальным законодательством порядке расходы, понесенные ими в связи с явкой в суд, орган (к должностному лицу), в производстве которых находится дело об административном правонарушении, в том числе стоимость проезда указанных лиц от места жительства или пребывания к месту производства по делу и обратно, а в случаях, когда это связано с пребыванием в другом месте, – стоимости найма жилого помещения, а также суточные.

2. За лицом, вызываемым в качестве потерпевшего, свидетеля, эксперта, специалиста, переводчика и понятого, сохраняется в установленном порядке средний заработок по месту работы за время их отсутствия в связи с явкой в суд, орган (к должностному лицу), в производстве и рассмотрении которых находится дело об административном правонарушении.

3. Труд эксперта, специалиста и переводчика оплачивается в порядке, установленном законодательством.

Глава 39. ДОКАЗАТЕЛЬСТВА И ДОКАЗЫВАНИЕ

Статья 765. Доказательства

1. Доказательствами по делу об административном правонарушении являются законно полученные фактические данные, на основе которых в установленном настоящим Кодексом порядке судья или орган (должностное лицо), в производстве которого находится дело об административном правонарушении, устанавливает наличие или отсутствие деяния, содержащего все признаки состава административного правонарушения, совершение или несовершение этого деяния лицом, в отношении которого ведется производство по делу об административном правонарушении, виновность либо невиновность данного лица, а также иные обстоятельства, имеющие значение для правильного разрешения дела.

2. Фактические данные, указанные в части первой настоящей статьи, устанавливаются: объяснениями лица, привлекаемого к административной ответственности; показаниями потерпевшего, свидетелей; заключениями и показаниями эксперта, специалиста; вещественными доказательствами; иными документами; протоколами об административном правонарушении и протоколами процессуальных действий, предусмотренными настоящим Кодексом.

При рассмотрении материалов об административных правонарушениях в качестве доказательств могут быть использованы данные, полученные при использовании научно-технических средств.

3. Фактические данные должны быть признаны недопустимыми в качестве доказательств, если они получены с нарушениями требований настоящего Кодекса, которые путем лишения или стеснения гарантированных законом прав участников производства или нарушением иных правил процесса повлияли или могли повлиять на достоверность полученных фактических данных, в том числе:

1) с применением насилия, угрозы, обмана, а равно иных незаконных действий;

2) с использованием заблуждения лица, участвующего в процессе, относительно своих прав и обязанностей, возникшего вследствие неразъяснения, неполного или неправильного ему их разъяснения;

3) в связи с проведением процессуального действия лицом, не имеющим права осуществлять производство по данному делу;

4) в связи с участием в процессуальном действии лица, подлежащего отводу;

5) с нарушением порядка производства процессуального действия;

6) от неизвестного источника;

7) с применением в ходе доказывания методов, противоречащих современным научным знаниям.

4. Недопустимость использования фактических данных в качестве доказательств устанавливается судьей или органом (должностным лицом), ведущим производство по делу об административном правонарушении, по собственной инициативе или по ходатайству участников процесса.

5. Доказательства, полученные с нарушением закона, признаются не имеющими юридической силы и не могут быть положены в основу решения по делу, а также использоваться при доказывании любого обстоятельства по делу, за исключением факта соответствующих нарушений и виновности лиц, их допустивших.

Статья 766. Обстоятельства, подлежащие доказыванию по делу об административном правонарушении

По делу об административном правонарушении подлежат доказыванию:

1) событие и предусмотренные настоящим Кодексом признаки состава административного правонарушения;

2) лицо, совершившее противоправное деяние (действие либо бездействие), за которое настоящим Кодексом предусмотрена административная ответственность;

3) виновность физического лица в совершении административного правонарушения;

4) обстоятельства, смягчающие или отягчающие административную ответственность;

5) характер и размер ущерба, причиненного административным правонарушением;

6) обстоятельства, влекущие освобождение от административной ответственности;

7) причины и условия, способствовавшие совершению административного правонарушения, а также иные обстоятельства, имеющие значение для правильного разрешения дела.

Статья 767. Объяснения лица, в отношении которого ведется производство по делу об административном правонарушении, показания потерпевшего и свидетеля

1. Объяснения лица, в отношении которого ведется производство по делу, показания потерпевшего и свидетеля представляют собой имеющие отношение к делу сведения, сообщенные указанными лицами в устной или письменной форме.

При необходимости в ходе производства по делу об административном правонарушении могут быть использованы научно-технические средства в режиме видеоконференцсвязи.

Порядок такого применения средств видеоконференцсвязи определяется органом, осуществляющим организационное и материально-техническое обеспечение деятельности судов, с учетом требований настоящего Кодекса.

2. Объяснения лица, в отношении которого ведется производство по делу, показания потерпевшего и свидетеля отражаются в протоколе об административном правонарушении или о применении меры обеспечения производства по делу, а при необходимости – оформляются протоколом опроса и приобщаются к делу.

3. Объяснения лица, в отношении которого ведется производство по делу об административном правонарушении, показания свидетелей вносятся в протокол об административном правонарушении только после полного его заполнения и разъяснения указанным лицам их прав и обязанностей, предусмотренных настоящим Кодексом.

4. При несоблюдении требований, предусмотренных частью третьей настоящей статьи, объяснения лица, в отношении которого ведется производство по делу об административном правонарушении, показания свидетеля считаются не имеющими силы доказательств и не могут быть признаны в качестве доказательств.

Сноска. Статья 767 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 768. Представление доказательств

1. Доказательства могут представляться сторонами и другими участниками административного производства.

2. Если представленные доказательства недостаточны, суд либо орган, рассматривающий дело, может предложить участникам процесса представить дополнительные доказательства либо собрать их по собственной инициативе.

Статья 769. Основания освобождения от доказывания

1. Обстоятельства, признанные судом, органом (должностным лицом), уполномоченным рассматривать административное правонарушение, общеизвестными, не нуждаются в доказывании.

2. Обстоятельства, установленные вступившим в силу решением суда по гражданскому, административному делам или постановлением судьи по иному делу об административном правонарушении, не нуждаются в доказывании при рассмотрении других дел об административных правонарушениях, в которых участвуют те же лица.

3. Следующие обстоятельства считаются установленными без доказательств, если в рамках надлежащей правовой процедуры не будет установлено обратного:

1) правильность общепринятых в современной науке, технике, искусстве, ремесле методов исследования;

2) знание лицом закона;

3) знание лицом своих служебных и профессиональных обязанностей;

4) отсутствие специальных подготовки или образования у лица, не представившего в подтверждение их наличия документа и не указавшего учебное заведение или другое учреждение, где оно получило специальную подготовку или образование.

Сноска. Статья 769 с изменением, внесенным Законом РК от 29.06.2020 № 351-VI (вводится в действие с 01.07.2021).

Статья 770. Обеспечение доказательств

1. Стороны, имеющие основание опасаться, что представление необходимых для них доказательств сделается невозможным или затруднительным, могут просить судью, орган (должностное лицо), рассматривающий дело об административном правонарушении, об обеспечении этих доказательств.

2. Обеспечение доказательств производится путем требования от организаций независимо от их участия в деле представления документов, сведений и заключений, производства экспертизы, осмотра на месте и иными способами.

Статья 771. Заявление об обеспечении доказательств

1. В заявлении об обеспечении доказательств должны быть указаны: доказательства, которые необходимо обеспечить; обстоятельства, для подтверждения которых необходимы эти доказательства; причины, побудившие заявителя обратиться с просьбой об обеспечении, а также дело, для которого необходимы эти доказательства.

2. Заявление подается в суд, орган (должностное лицо), рассматривающие дело об административном правонарушении, в письменном виде либо в форме электронного документа, удостоверенного электронной цифровой подписью.

Сноска. Статья 771 с изменением, внесенным Законом РК от 31.10.2015 № 378-V (вводится в действие с 01.01.2016).

Статья 772. Назначение и производство экспертизы

1. Экспертиза назначается судьей, органом (должностным лицом), в производстве которого находится дело об административном правонарушении, когда обстоятельства, имеющие значение для дела, могут быть получены в результате исследования материалов дела, проводимого экспертом на основе специальных научных знаний.

2. Наличие в деле актов ревизий, проверок, заключений ведомственных инспекций, а также официальных документов, составленных по результатам исследований, проводимых специалистами в ходе процессуальных действий, не исключает возможности проведения экспертизы по тем же вопросам.

3. Судья, орган (должностное лицо), в производстве которого находится дело об административном правонарушении, может назначить экспертизу по ходатайству сторон или собственной инициативе.

4. Производство экспертизы может быть поручено сотрудникам органов экспертизы либо иным лицам, удовлетворяющим требованиям статьи 757 настоящего Кодекса. Производство экспертизы может быть поручено лицу из числа предложенных сторонами. Требование судьи, должностного лица о вызове лица, которому поручено производство экспертизы, обязательно для руководителя организации, где работает указанное лицо.

5. О назначении экспертизы судья, орган (должностное лицо), в производстве которого находится дело об административном правонарушении, выносит определение, в котором указывает:

1) фамилию, инициалы судьи, должностного лица, наименование суда, органа;

2) время, место назначения экспертизы;

3) основания для назначения экспертизы;

4) фамилию, имя, отчество (при его наличии) эксперта или наименование органа экспертизы, в котором она должна быть произведена;

5) вопросы, поставленные перед экспертом;

6) перечень материалов, предоставляемых в распоряжение эксперта.

В определении также должны быть записи о разъяснении эксперту его прав и обязанностей и о предупреждении его об ответственности за дачу заведомо ложного заключения.

6. Для производства сложных экспертных исследований может быть назначена комиссионная экспертиза, которая проводится не менее чем двумя экспертами одной специальности.

7. Если для установления обстоятельства, имеющего значение для дела, необходимы исследования на основе разных отраслей знаний, назначается комплексная экспертиза, которая проводится экспертами разных специальностей в пределах своей компетенции.

8. До направления определения о назначении экспертизы для исполнения судья или орган (должностное лицо), назначивший судебную экспертизу, обязан ознакомить с ним лицо, в отношении которого ведется производство по делу об административном правонарушении, и потерпевшего, разъяснить им права:

1) заявлять отвод эксперту или ходатайство об отстранении от производства экспертизы органа судебной экспертизы;

2) ходатайствовать о назначении в качестве экспертов указанных ими лиц или сотрудников конкретных органов судебной экспертизы, а также о проведении экспертизы комиссией экспертов;

3) ходатайствовать о постановке перед экспертом дополнительных вопросов или об уточнении поставленных;

4) с разрешения судьи или органа (должностного лица), назначившего судебную экспертизу, присутствовать при производстве экспертизы, давать объяснения эксперту, за исключением случаев, препятствующих производству экспертизы;

5) знакомиться с заключением эксперта либо сообщением о невозможности дать заключение после его поступления судье или органу (должностному лицу), назначившему судебную экспертизу, представлять свои замечания, заявлять ходатайства о назначении дополнительной или повторной экспертизы, назначении новых экспертиз.

Экспертиза потерпевших производится только с их письменного согласия. Если эти лица не достигли совершеннолетия или признаны судом недееспособными, письменное согласие на проведение экспертизы дается их законными представителями.

9. По результатам производства экспертизы эксперт (эксперты) дает от своего имени заключение, составленное в соответствии с требованиями статьи 773 настоящего Кодекса, и направляет его судье, органу (должностному лицу), назначившему экспертизу.

10. При недостаточной ясности или полноте заключения, а также возникновении необходимости решения дополнительных вопросов, связанных с предыдущим исследованием, может быть назначена дополнительная экспертиза, производство которой поручается тому же или иному эксперту (экспертам).

11. Если заключение эксперта недостаточно обосновано либо его выводы вызывают сомнение или были существенно нарушены процессуальные нормы о назначении и производстве экспертизы, для исследования тех же объектов и решения тех же вопросов может быть назначена повторная экспертиза, производство которой поручается комиссии экспертов, в которую не входит эксперт (эксперты), проводивший предыдущую экспертизу.

12. Определение судьи, органа (должностного лица) о назначении дополнительной и повторной экспертиз должно быть мотивированным. При поручении дополнительной и повторной экспертиз эксперту (экспертам) должны быть представлены заключения, составленные по результатам предыдущих экспертиз.

13. Если эксперт до проведения исследования убеждается, что поставленные перед ним вопросы выходят за пределы его специальных знаний либо представленные ему материалы непригодны или недостаточны для дачи заключения и не могут быть восполнены, либо состояние науки и экспертной практики не позволяет ответить на поставленные вопросы, он составляет мотивированное сообщение о невозможности дать заключение и направляет его судье, органу (должностному лицу).

Статья 773. Заключение и показания эксперта и специалиста

1. Заключение эксперта – это представленные в письменной форме выводы по вопросам, поставленным перед ним судьей, органом (должностным лицом), в производстве которого находится дело об административном правонарушении, основанные на результатах исследования материалов дела, в том числе вещественных доказательств и образцов, проведенного с использованием специальных научных знаний. В заключении указываются также методы, примененные экспертом при исследовании, обоснование ответов на поставленные вопросы и обстоятельства, имеющие значение для дела, установленные по инициативе самого эксперта.

2. Заключение составляется экспертом (экспертами) после производства исследований с учетом его результатов от своего имени, удостоверяется его (их) подписью и личной печатью. В случае производства экспертизы органом экспертизы, подпись эксперта (экспертов) заверяется печатью указанного органа. Заключение эксперта (экспертов), представляемое в электронной форме, удостоверяется его (их) электронной цифровой подписью, а также органа экспертизы при производстве экспертизы указанным органом.

3. В заключении эксперта должны быть указаны: дата его оформления, сроки и место производства экспертизы; основания производства судебной экспертизы; сведения о судье, об органе (должностном лице), в производстве которых находится дело об административном правонарушении; сведения об органе судебной экспертизы и (или) эксперте (экспертах), которым поручено производство экспертизы (фамилия, имя, отчество (при его наличии), образование, специальность, стаж работы по специальности, ученая степень и ученое звание, занимаемая должность); отметка, удостоверенная подписью эксперта о том, что он предупрежден об уголовной ответственности за дачу заведомо ложного заключения в суде; вопросы, поставленные перед экспертом (экспертами); сведения об участниках процесса, присутствовавших при производстве экспертизы, и данных ими пояснениях; объекты; содержание и результаты исследований с указанием использованных методик; оценка результатов проведенных исследований, обоснование и формулировка выводов по поставленным перед экспертом (экспертами) вопросам.

4. Заключение должно содержать обоснование невозможности ответить на все или некоторые из поставленных вопросов, если обстоятельства, указанные в части тринадцатой статьи 772 настоящего Кодекса, выявлены в ходе исследования.

5. Показания эксперта – сведения, сообщенные им в ходе рассмотрения дела об административном правонарушении в целях разъяснения или уточнения представленного им заключения в соответствии с требованиями статьи 757 настоящего Кодекса.

6. Заключение специалиста – это представленное в письменном виде суждение по вопросам, поставленным перед специалистом уполномоченным должностным лицом, осуществляющим производство по делу об административном правонарушении, или сторонами, при ответах на которые не требуется проведения соответствующего исследования.

7. Заключение специалиста состоит из вводной, описательной частей и выводов. В вводной части должно указываться: дата, место, время дачи заключения; должностное лицо, поручившее производство специального исследования; сведения о специалисте (фамилия, имя, отчество (при его наличии), образование, специальность, стаж работы по специальности, ученая степень, ученое звание, занимаемая должность). Описательная часть содержит вопросы, поставленные перед специалистом, объекты, материалы, документы, представленные специалисту для дачи заключения, лица, присутствующие при исследовании. Выводы отражают ответы специалиста на поставленные вопросы и их научное обоснование.

8. Показания специалиста – сведения, сообщенные им в ходе рассмотрения дела об административном правонарушении, об обстоятельствах, требующих специальных знаний, а также разъяснение своего мнения в соответствии с требованиями статьи 756 настоящего Кодекса.

9. Материалы, иллюстрирующие заключение эксперта, специалиста (фототаблицы, схемы, графики, таблицы и другие материалы), удостоверенные в порядке, предусмотренном частью второй настоящей статьи, прилагаются к заключению и являются его составной частью. К заключению также должны быть приложены оставшиеся после исследования объекты, в том числе образцы.

10. Заключение эксперта, специалиста не является обязательным для суда, органа (должностного лица), в производстве которых находится дело об административном правонарушении, однако их несогласие с заключением должно быть мотивировано.

Сноска. Статья 773 с изменением, внесенным Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 774. Получение образцов

1. Судья вправе получить образцы, в том числе отображающие свойства человека, животного, вещества, предмета, если их исследование имеет значение для дела.

2. К образцам относятся также пробы материалов, веществ, сырья, готовой продукции.

3. О получении образцов выносится мотивированное определение, в котором должны быть указаны: лицо, которое будет получать образцы; лицо (организация), у которого следует получить образцы; какие именно образцы и в каком количестве должны быть получены; когда и к кому должно явиться лицо для получения у него образцов; когда и кому должны быть представлены образцы после их получения.

4. Образцы могут быть получены судьей лично, а при необходимости – с участием врача или другого специалиста, если это не сопряжено с обнажением лица противоположного пола, у которого берутся образцы, и не требует особых профессиональных навыков. В иных случаях образцы могут быть получены по поручению судьи врачом или другим специалистом.

5. Правом получения образцов обладают судья, эксперт, врач или другой специалист.

6. В случаях, когда получение образцов является частью экспертного исследования, оно может быть произведено экспертом.

7. Образцы могут быть получены у сторон, а также у третьих лиц.

8. Судья вызывает к себе лицо, знакомит его под расписку с определением о получении образцов, разъясняет ему и иным лицам, участвующим в данном процессуальном действии, их права и обязанности.

9. Судья лично или с участием специалиста производит необходимые действия, получает образцы, упаковывает их и опечатывает.

10. Результаты получения образцов фиксируются в протоколе процессуального действия (судебного заседания), в котором описываются действия, предпринятые для получения образцов, в той последовательности, в которой они производились, примененные при этом научно-исследовательские и другие методы и процедуры, а также сами образцы.

Статья 775. Получение образцов врачом или другим специалистом, а также экспертом

1. Судья направляет к врачу или другому специалисту лицо, у которого должны быть получены образцы, а также определение с соответствующим поручением. В определении должны быть указаны права и обязанности всех участников данного процессуального действия.

2. Врач или другой специалист по поручению судьи производит необходимые действия и получает образцы. Образцы упаковываются и опечатываются, после чего вместе с официальным документом, составленным врачом или другим специалистом, направляются судье.

3. В процессе исследования экспертом могут быть изготовлены экспериментальные образцы, о чем он сообщает в заключении.

4. Судья вправе присутствовать при изготовлении таких образцов, что отражается в составляемом им протоколе.

5. После проведения исследования эксперт прилагает образцы к своему заключению в упакованном и опечатанном виде.

6. Если образцы получены по поручению судьи специалистом или экспертом, он составляет официальный документ, который подписывается всеми участниками процессуального действия и передается судье для приобщения к материалам дела.

7. К протоколу прилагаются полученные образцы в упакованном и опечатанном виде.

Статья 776. Охрана прав личности при получении образцов

Методы и научно-технические средства получения образцов должны быть безопасны для жизни и здоровья человека. Применение сложных медицинских процедур или методов, вызывающих сильные болевые ощущения, допускается лишь с письменного согласия на это лица, у которого должны быть получены образцы, а если оно не достигло совершеннолетия или страдает психическим заболеванием, то и с согласия его законных представителей.

Статья 777. Вещественные доказательства

1. Вещественными доказательствами по делу об административном правонарушении являются предметы, явившиеся орудием либо предметом правонарушения либо сохранившие на себе его следы.

2. В необходимых случаях вещественные доказательства фотографируются или фиксируются иным способом и приобщаются к делу, о чем производится запись в протоколе об административном правонарушении или ином протоколе, предусмотренном настоящим Кодексом.

3. Судья, орган (должностное лицо), в производстве которых находится дело об административном правонарушении, обязаны принять необходимые меры к обеспечению сохранности вещественных доказательств до разрешения дела по существу, а также принять о них решение по окончании рассмотрения дела.

Статья 778. Научно-технические средства

1. Суд, орган (должностное лицо) и участники производства по делу об административном правонарушении вправе использовать и представлять фактические данные, полученные при использовании научно-технических средств.

2. Использование научно-технических средств признается допустимым, если они:

1) прямо предусмотрены законом или не противоречат его нормам и принципам;

2) научно состоятельны;

3) обеспечивают эффективность производства по делу;

4) безопасны.

3. Фактические данные, полученные при использовании научно-технических средств, отражаются в протоколе об административном правонарушении или постановлении по делу об административном правонарушении.

Статья 779. Документы

1. Документы признаются доказательствами по делу, если сведения, изложенные или удостоверенные в них организациями, должностными лицами и физическими лицами, имеют значение для дела об административном правонарушении.

2. Документы могут содержать сведения, зафиксированные как в письменной, так и иной форме. К документам могут относиться, в том числе материалы, содержащие компьютерную информацию, фото– и киносъемки, звуко– и видеозаписи, полученные, истребованные или представленные в порядке, предусмотренном настоящим Кодексом.

3. Водительское удостоверение на право управления транспортным средством является документом, имеющим значение для дела только в случаях проверки его подлинности и принятия решения о лишении физического лица права управления транспортным средством.

4. Судья, орган (должностное лицо), в производстве которых находится дело об административном правонарушении, обязаны принять необходимые меры к обеспечению сохранности документов до разрешения дела по существу, а также принять о них решение по окончании рассмотрения дела.

5. В случаях, когда документы обладают признаками, указанными в статье 777 настоящего Кодекса, они являются вещественными доказательствами.

Статья 780. Истребование дополнительных сведений

1. Судья, орган (должностное лицо), в производстве которых находится дело об административном правонарушении, вправе вынести определение об истребовании от организаций, общественных объединений дополнительных сведений, необходимых для разрешения дела.

2. В определении судьи, органа (должностного лица) об истребовании дополнительных сведений кратко излагается существо рассматриваемого дела, указываются обстоятельства, подлежащие выяснению. Это определение является обязательным для суда, которому оно направлено, и подлежит выполнению в установленный срок.

3. Истребуемые сведения должны быть направлены в течение трех суток со дня получения требования.

4. При невозможности представления указанных сведений организация, общественное объединение обязаны в течение трех суток уведомить об этом в письменной форме судью, орган (должностное лицо), вынесших определение.

Статья 781. Доказывание

1. Доказывание состоит в собирании, проверке и оценке доказательств с целью установления обстоятельств, имеющих значение для законного, обоснованного и справедливого рассмотрения дел об административных правонарушений.

2. Обязанность доказывания наличия оснований административной ответственности и вины правонарушения лежит на органе (должностном лице), уполномоченном осуществлять производство по делам об административных правонарушениях.

Статья 782. Собирание доказательств

1. Собирание доказательств производится в процессе производства по делам об административных правонарушениях путем осуществления действий, предусмотренных настоящим Кодексом.

2. Предметы и документы после их оценки приобщаются к делу, о чем делается соответствующая запись в протоколе об административных правонарушениях или составляется отдельный протокол.

Принятие предметов и документов от лиц, являющихся участниками производства по делам об административных правонарушениях, осуществляется на основании ходатайства.

Статья 783. Проверка доказательств

Все собранные по делу об административном правонарушении доказательства подлежат тщательной, всесторонней и объективной проверке. Проверка включает анализ полученного доказательства, его сопоставление с другими доказательствами, собирание дополнительных доказательств, проверку источников получения доказательств.

Статья 784. Оценка доказательств

1. Оценка доказательств – это логическая мыслительная деятельность, состоящая в анализе и синтезе доказательств и завершающаяся выводом об относимости, допустимости, достоверности и значении отдельных доказательств и достаточности их совокупности для обоснования принятого решения.

2. Судья, орган (должностное лицо), осуществляющие производство по делу об административном правонарушении, оценивают доказательства по своему внутреннему убеждению, основанному на всестороннем, полном и объективном рассмотрении доказательств в их совокупности, руководствуясь законом и совестью. Никакие доказательства не имеют заранее установленной силы.

3. Каждое доказательство подлежит оценке с точки зрения относимости, допустимости, достоверности, а все собранные доказательства в совокупности – достаточности для разрешения дела.

4. Доказательство признается относящимся к делу, если оно представляет собой фактические данные, которые подтверждают, опровергают или ставят под сомнение выводы о существовании обстоятельств, имеющих значение для дела.

5. Доказательство признается допустимым, если оно получено в порядке, предусмотренном настоящим Кодексом.

6. Доказательство признается достоверным, если в результате проверки выясняется, что оно соответствует действительности.

7. Совокупность доказательств признается достаточной для разрешения дела, если собраны все относящиеся к делу допустимые и достоверные доказательства, неоспоримо устанавливающие истину о всех и каждом из обстоятельств, подлежащих доказыванию.

Глава 40. ПРИНЯТИЕ МЕР ОБЕСПЕЧЕНИЯ ПРОИЗВОДСТВА ПО ДЕЛАМ
ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ

Статья 785. Меры обеспечения производства по делу об административном правонарушении

1. В целях пресечения административного правонарушения, установления личности подозреваемого в его совершении, составления протокола об административном правонарушении, когда невозможно его составление на месте совершения административного правонарушения, обеспечения своевременного и правильного рассмотрения дела и исполнения принятого по делу постановления, предотвращения непосредственной угрозы жизни или здоровью людей, угрозы аварии или техногенных катастроф уполномоченное должностное лицо вправе в пределах своих полномочий применять в отношении физического лица следующие меры обеспечения производства по делу об административном правонарушении:

1) доставление к месту составления протокола об административном правонарушении;

2) административное задержание физического лица;

3) привод;

4) личный досмотр и досмотр вещей, находящихся при физическом лице;

5) досмотр транспортных средств, маломерных судов;

6) изъятие документов, вещей и товаров;

7) отстранение от управления транспортным средством или маломерным судном и освидетельствование его на состояние алкогольного, наркотического, токсикоманического опьянения;

8) задержание, доставление и запрещение эксплуатации транспортного средства или маломерного судна;

9) осмотр;

10) медицинское освидетельствование физического лица на состояние алкогольного, наркотического или токсикоманического опьянения;

11) приостановление либо запрещение деятельности или отдельных ее видов в порядке статьи 48 настоящего Кодекса.

2. В отношении юридического лица могут быть применены следующие меры обеспечения производства по делу об административном правонарушении:

1) осмотр принадлежащих юридическому лицу помещений, территорий, находящихся там товаров, транспортных средств и иного имущества, а также соответствующих документов;

2) изъятие документов, принадлежащих юридическому лицу;

3) наложение ареста или изъятие товаров, транспортных средств и иного имущества, принадлежащих юридическому лицу;

4) приостановление либо запрещение деятельности или отдельных ее видов в порядке статьи 48 настоящего Кодекса.

3. Меры обеспечения производства по делу об административном правонарушении могут применяться до возбуждения дела об административном правонарушении (кроме личного досмотра, досмотра вещей, находящихся при физическом лице) в период производства по делу, а также на стадии исполнения постановления по делу об административном правонарушении.

4. Каждая из перечисленных в частях первой и второй настоящей статьи мер обеспечения производства по делу об административном правонарушении может применяться отдельно или одновременно с другими мерами, если это вызвано необходимостью.

5. Должностное лицо несет ответственность за вред, причиненный незаконным применением мер обеспечения производства по делу об административном правонарушении.

6. Применение мер обеспечения производства по делу об административном правонарушении может быть обжаловано в порядке, предусмотренном главой 44 настоящего Кодекса.

По требованию физического лица или представителя юридического лица ему немедленно вручаются копии соответствующих протоколов и иных материалов, необходимых для обеспечения защиты прав и законных интересов лица, в отношении которого применены меры обеспечения производства по делу.

Сноска. Статья 785 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.10.2019 № 268-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 786. Доставление

1. Доставление, то есть принудительное препровождение физического лица, представителя юридического лица, должностного лица, а в случаях, предусмотренных подпунктами 1), 3), 4), 5) и 7) настоящей статьи, транспортного средства и других орудий совершения правонарушения в целях пресечения правонарушения, установления личности правонарушителя, а также составления протокола об административном правонарушении либо вынесения защитного предписания при невозможности составить их на месте выявления административного правонарушения, если составление протокола является обязательным, производится при совершении:

1) нарушений правил пользования средствами транспорта, правил по охране порядка и безопасности движения, правил, направленных на обеспечение сохранности грузов на транспорте, правил пожарной безопасности, санитарно-гигиенических и санитарно-противоэпидемических правил на транспорте – уполномоченным на то лицом в орган внутренних дел (полиции), если у него нет документов, удостоверяющих личность, и нет свидетелей, которые могут сообщить необходимые данные о нем, а также если у него отсутствуют необходимые документы на транспортное средство;

2) лесонарушений или нарушений правил охоты, правил рыболовства и охраны рыбных запасов и других нарушений законодательства Республики Казахстан в области охраны, воспроизводства и использования животного мира – работниками органов лесного хозяйства, животного мира, особо охраняемых природных территорий, осуществляющих государственный контроль и надзор, а также специализированных организаций уполномоченного органа и местных исполнительных органов, должностными лицами других органов, осуществляющих государственный и ведомственный контроль за охраной, воспроизводством и использованием животного мира, должностными лицами особо охраняемых природных территорий, сотрудниками органов внутренних дел (полицией) в орган внутренних дел (полицию) или в орган местного управления;

3) административных правонарушений, связанных с посягательством на охраняемые объекты, другое чужое имущество, – работниками военизированной охраны в служебное помещение военизированной охраны или в орган внутренних дел (полицию);

4) нарушений режима Государственной границы Республики Казахстан, пограничного и таможенного режимов, режима в пунктах пропуска через Государственную границу Республики Казахстан и таможенную границу Евразийского экономического союза, злостного неповиновения законному распоряжению или требованию военнослужащего Пограничной службы Комитета национальной безопасности Республики Казахстан, военнослужащих иных войск, воинских формирований, сотрудника органов внутренних дел (полиции) – военнослужащим, сотрудником органов внутренних дел (полиции) или другим физическим лицом, исполняющим обязанности по охране Государственной границы Республики Казахстан, в подразделение, воинскую часть, Пограничную службу Комитета национальной безопасности Республики Казахстан, в орган внутренних дел (полицию), орган местного управления;

5) правонарушений в сфере предпринимательской деятельности, торговли и финансов, налогообложения, таможенного дела – сотрудниками службы экономических расследований;

6) правонарушений, посягающих на установленный порядок управления и институты государственной власти, коррупционных правонарушений – сотрудниками антикоррупционной службы;

7) правонарушений, совершенных при проведении охранных мероприятий по обеспечению безопасности охраняемых лиц, – сотрудниками Службы государственной охраны Республики Казахстан;

8) иных административных правонарушений при наличии соответствующих поручений прокурора или просьбы со стороны должностных лиц, уполномоченных составлять протоколы об административных правонарушениях, – сотрудниками органов внутренних дел в орган внутренних дел (полицию) или иной государственный орган.

2. При совершении правонарушений на континентальном шельфе, в территориальных водах (море) и внутренних водах Республики Казахстан нарушитель, личность которого не может быть установлена на месте, а также используемые для осуществления незаконной деятельности на континентальном шельфе, в территориальных водах (море) и внутренних водах Республики Казахстан суда и орудия совершения административного правонарушения, принадлежность которых не может быть установлена при осмотре, подлежат доставке в порт Республики Казахстан (иностранные суда – в один из портов Республики Казахстан, открытых для захода иностранных судов) для пресечения правонарушения, а также для установления личности нарушителя и принадлежности задержанных судов, орудий совершения правонарушения и составления протокола об административном правонарушении.

3. Доставление должно быть произведено в возможно короткий срок.

4. О доставлении составляется протокол либо делается соответствующая запись в протоколе об административном правонарушении или административном задержании.

При невозможности осуществить доставление лица в сроки, предусмотренные для привлечения его к административной ответственности, в адрес обратившегося органа (должностного лица) направляется в письменном виде либо в форме электронного документа, удостоверенного электронной цифровой подписью, уведомление с указанием причин, по которым доставление не произведено.

Сноска. Статья 786 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 31.10.2015 № 378-V (вводится в действие с 01.01.2016); от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018); от 28.10.2019 № 268-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 787. Административное задержание

Административное задержание, то есть кратковременное ограничение личной свободы физического лица, представителя юридического лица, должностного лица с целью пресечения правонарушения или обеспечения производства, может производиться:

1) органами внутренних дел – при выявлении административных правонарушений, дела о которых в соответствии со статьей 685 настоящего Кодекса рассматривают органы внутренних дел (полиции), либо административных правонарушений, по делам о которых в соответствии с подпунктом 1) части первой статьи 804 настоящего Кодекса составляют протоколы об административном правонарушении;

2) комендатурой местности, где объявлено чрезвычайное положение, и военными патрулями – при нарушении режима чрезвычайного положения и действий, провоцирующих нарушение правопорядка в условиях чрезвычайного положения;

3) должностными лицами, участвующими в антитеррористической операции, в пределах установленной компетенции – при нарушении правового режима антитеррористической операции или невыполнении требований, установленных в связи с объявлением антитеррористической операции;

4) должностными лицами Пограничной службы Комитета национальной безопасности Республики Казахстан – при выявлении административных правонарушений, рассматриваемых ими в соответствии с частью третьей статьи 726 настоящего Кодекса либо административных правонарушений, по делам о которых в соответствии с подпунктом 44) части первой статьи 804 настоящего Кодекса составляют протоколы об административном правонарушении;

5) старшим в месте расположения охраняемого объекта военнослужащим, сотрудником органов внутренних дел, специальных государственных органов, должностным лицом военизированной охраны – при совершении правонарушений, связанных с посягательством на охраняемые объекты, другое чужое имущество;

6) органами лесного хозяйства, животного мира, особо охраняемых природных территорий, осуществляющими государственный контроль и надзор, а также специализированными организациями уполномоченного органа и местных исполнительных органов – при совершении правонарушений в области лесного законодательства Республики Казахстан, законодательства Республики Казахстан в области охраны, воспроизводства и использования животного мира, в области особо охраняемых природных территорий;

7) органами транспортного контроля – при нарушении правил, контроль за соблюдением которых осуществляют эти органы;

8) должностными лицами военной полиции – при выявлении административных правонарушений, дела о которых в соответствии со статьей 727 настоящего Кодекса рассматривают органы военной полиции, либо административных правонарушений, по делам о которых в соответствии с подпунктом 4) части первой статьи 804 настоящего Кодекса составляют протоколы об административном правонарушении;

9) органами государственного контроля в области охраны окружающей среды и использования природных ресурсов – при нарушении природоохранного законодательства;

10) должностными лицами органов государственных доходов – при совершении правонарушений в сферах предпринимательской деятельности, торговли и финансов, налогообложения, таможенного дела в соответствии с подведомственностью дел об административных правонарушениях;

11) исключен Законом РК от 06.04.2016 № 484-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования);

12) должностными лицами органов государственного горного надзора, Пограничной службы Комитета национальной безопасности Республики Казахстан, уполномоченного органа по геологии и использованию недр, органов по охране окружающей среды и природных ресурсов, республиканского органа по рыболовству – при совершении административных правонарушений на континентальном шельфе, территориальных водах (море) и внутренних водах, связанных с нарушением условий лицензии, регламентирующих разрешенную деятельность на континентальном шельфе, территориальных водах (море) и внутренних водах Республики Казахстан, нарушением правил проведения ресурсных или морских научных исследований, нарушением правил захоронения отходов и других материалов, невыполнением законных требований должностных лиц органов охраны континентального шельфа, территориальных вод (моря) и внутренних вод Республики Казахстан об остановке судна или воспрепятствованием его осуществлению;

13) исключен Законом РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015);

14) должностными лицами Службы государственной охраны Республики Казахстан – если правонарушение совершено во время проведения охранных мероприятий по обеспечению безопасности охраняемых лиц;

14-1) должностными лицами уполномоченного органа: в области ветеринарии, по карантину растений – при нарушении правил, требований, контроль и надзор за соблюдением которых осуществляют эти органы; в области защиты растений – при нарушении правил, требований, контроль за соблюдением которых осуществляет этот орган;

15) судебными приставами – при невыполнении требований о прекращении противоправных действий в зале во время судебного заседания, а также в ходе принудительного исполнения исполнительных документов.

Сноска. Статья 787 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 06.04.2016 № 484-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.10.2019 № 268-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 788. Порядок административного задержания

1. Об административном задержании составляется протокол. В протоколе указываются дата, время (с точностью до минуты) и место его составления; должность, фамилия и инициалы лица, составившего протокол; сведения о личности задержанного; время, место и основания задержания. Протокол подписывается должностным лицом, его составившим, и задержанным. В случае отказа задержанного от подписания протокола в нем делается запись об этом. Копия протокола о задержании вручается лицу, задержанному за совершение административного правонарушения.

2. По просьбе лица, задержанного за совершение административного правонарушения, о месте его нахождения незамедлительно уведомляются его родственники, администрация по месту работы или учебы, защитник, а также посольство, консульство или иное представительство иностранного государства в порядке, установленном законодательством Республики Казахстан. О задержании несовершеннолетнего уведомление его родителей или лиц, их заменяющих, обязательно.

3. Об административном задержании военнослужащего или гражданина, призванного на военные сборы, незамедлительно уведомляются воинская часть и органы военной полиции в пределах их компетенции, в которой задержанный проходит воинские сборы (воинскую службу).

4. Задержанному лицу разъясняются его права и обязанности, предусмотренные настоящим Кодексом, о чем делается соответствующая запись в протоколе об административном задержании.

5. Неразъяснение задержанному лицу его прав и обязанностей является существенным нарушением производства по делу об административном правонарушении и влечет ответственность, предусмотренную законодательством Республики Казахстан.

6. Лицо, задержанное в порядке, установленном настоящим Кодексом, подлежит незамедлительному освобождению при отпадении обстоятельств, послуживших основанием для его задержания.

7. Лица, подвергнутые административному задержанию, содержатся в специально отведенных для этого помещениях, отвечающих санитарным требованиям и исключающих возможность их самовольного оставления.

8. Условия содержания лиц, подвергнутых административному задержанию, нормы питания и порядок медицинского обслуживания таких лиц определяются органами исполнительной власти.

9. Несовершеннолетние, в отношении которых применено административное задержание, содержатся отдельно от взрослых лиц.

Сноска. Статья 788 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 789. Сроки административного задержания

1. Административное задержание осуществляется в течение времени, необходимого для достижения целей, указанных в статье 785 настоящего Кодекса, и может длиться не более трех часов.

Началом срока задержания является тот час с точностью до минуты, когда ограничение свободы задержанного лица стало реально, независимо от придания задержанному какого-либо процессуального статуса или выполнения иных формальных процедур. Срок административного задержания в отношении лица, находящегося в состоянии опьянения, – со времени его вытрезвления, удостоверенного медицинским работником. Моментом окончания этого срока является истечение трех часов, исчисляемых непрерывно со времени фактического задержания.

2. Лицо, в отношении которого возбуждено производство за незаконное проникновение на охраняемые объекты, нарушение законодательства Республики Казахстан в области миграции населения, нарушения режима Государственной границы Республики Казахстан, пограничного и таможенного режимов или режима в пунктах пропуска через Государственную границу Республики Казахстан и таможенную границу Евразийского экономического союза, а также об административном правонарушении на континентальном шельфе, территориальных водах (море) и внутренних водах Республики Казахстан, может быть задержано в необходимых случаях для установления личности и выяснения обстоятельств правонарушения до сорока восьми часов с сообщением об этом письменно прокурору в течение двадцати четырех часов с момента задержания. Лица, допустившие нарушение порядка, установленного в связи с введением комендантского часа в местности, где объявлено чрезвычайное положение, могут быть задержаны сотрудниками органов внутренних дел (полицией) или военными патрулями до окончания комендантского часа, а те из них, которые не имеют при себе документов, – до установления их личности, не более чем на сорок восемь часов.

3. Лицо, в отношении которого возбуждено производство по делу об административном правонарушении, влекущем в качестве одной из мер административного взыскания административный арест, может быть подвергнуто административному задержанию до рассмотрения дела об административном правонарушении, но не более двадцати четырех часов.

Сноска. Статья 789 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018).

Статья 790. Привод

1. В случаях, предусмотренных статьей 785 настоящего Кодекса, производится привод физического лица либо представителя юридического лица, в отношении которого ведется производство по административному делу, законного представителя несовершеннолетнего лица, привлекаемого к административной ответственности.

2. Привод производится органами внутренних дел, антикоррупционной службой и службой экономических расследований на основании определения судьи, органа (должностного лица), рассматривающего дело об административном правонарушении, в порядке, установленном соответственно Агентством Республики Казахстан по делам государственной службы и противодействию коррупции, министерствами внутренних дел, финансов Республики Казахстан по делам об административных правонарушениях, находящимся в производстве указанных органов.

Сноска. Статья 790 с изменениями, внесенными законами РК от 18.11.2015 № 411-V (вводится в действие с 01.01.2016); от 06.04.2016 № 484-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 791. Личный досмотр и досмотр вещей, находящихся при физическом лице

1. Личный досмотр – принудительное обследование тела человека и его одежды в целях выявления и предупреждения правонарушений, обнаружения и изъятия документов, вещей и других предметов, явившихся орудием совершения либо предметом административного правонарушения.

2. Досмотр вещей, находящихся при физическом лице, – обследование вещей, находящихся при физическом лице, без нарушения их конструктивной целостности.

3. Личный досмотр и досмотр вещей, находящихся при физическом лице, производятся только уполномоченными должностными лицами, перечень которых определен в статье 787 настоящего Кодекса, части первой статьи 98 Уголовно-исполнительного кодекса Республики Казахстан и является исчерпывающим. Производство указанных мер другими лицами запрещается и влечет ответственность, предусмотренную законом.

4. Личный досмотр может производиться лицом одного пола с досматриваемым и в присутствии двух понятых того же пола.

5. Личный досмотр и досмотр вещей, находящихся при физическом лице, могут производиться только в период производства по делу об административном правонарушении. Основанием для проведения личного досмотра и досмотра вещей, находящихся при физическом лице, является совершение лицом административного правонарушения.

6. Досмотр вещей (ручной клади, багажа, орудий охоты и рыбной ловли, добытой продукции и иных предметов), находящихся при физическом лице, производится в присутствии лица, в собственности или владении которого эти вещи находятся, и с участием двух понятых.

7. В исключительных случаях при наличии оснований полагать, что при физическом лице находятся оружие или иные предметы, которые могут быть использованы для причинения вреда жизни и здоровью окружающих, личный досмотр, досмотр вещей могут быть произведены без понятых с уведомлением об этом в течение двадцати четырех часов прокурора.

8. При отсутствии реальной возможности участия понятых в проведении личного досмотра и досмотра вещей, находящихся при физическом лице (в труднодоступной местности, ночное время суток, в условиях чрезвычайного или военного положения), они могут производиться без участия понятых с обязательным применением технических средств фиксации его хода и результатов.

9. В необходимых случаях производятся фото– и киносъемка, видеозапись, применяются иные установленные способы фиксации вещественных доказательств.

10. О личном досмотре, досмотре вещей, находящихся при физическом лице, составляется протокол. Копия протокола о личном досмотре вручается лицу, в отношении которого ведется производство по делу, его законному представителю. В протоколе указываются дата, время и место его составления, должность, фамилия и инициалы лица, составившего протокол, сведения о лице, подвергнутом личному досмотру, виде, количестве, иных идентификационных признаках вещей, в том числе о типе, марке, модели, калибре, серии, номере, признаках оружия, количестве и виде боевых припасов, специальных технических средств для проведения специальных оперативно-розыскных мероприятий и криптографических средств защиты информации.

11. В протоколе досмотра делается запись о применении фото– и киносъемки, видеозаписи, иных способов фиксации документов. Материалы, полученные при проведении осмотра с применением фото– и киносъемки, видеозаписи, иных установленных средств фиксации вещественных доказательств, прилагаются к соответствующему протоколу.

12. Протокол личного досмотра, досмотра вещей подписывается должностным лицом, его составившим, лицом, подвергнутым личному досмотру, владельцем вещей, подвергнутых досмотру, понятыми. В случае отказа лица, подвергнутого личному досмотру, владельца вещей, подвергнутых досмотру, от подписания протокола в нем производится соответствующая запись.

Сноска. Статья 791 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 792. Досмотр транспортных средств, маломерных судов

1. Досмотр транспортного средства, маломерного судна, то есть обследование транспортного средства, маломерного судна, проводимое без нарушения их конструктивной целостности, осуществляется в целях обнаружения и изъятия орудий совершения правонарушения либо предметов административного правонарушения.

2. Досмотр транспортных средств, маломерных судов производится уполномоченными на то должностными лицами, перечисленными в статье 787 настоящего Кодекса, с участием двух понятых.

В исключительных случаях (в труднодоступной местности при отсутствии надлежащих средств сообщения или когда в силу других объективных причин нет возможности для привлечения физических лиц в качестве понятых) досмотр транспортных средств, маломерных судов, то есть обследование, осуществляемое без нарушения конструктивной целостности, может проводиться без участия понятых, но с применением при этом технических средств фиксации его хода и результатов.

3. Основаниями для производства досмотра транспортных средств, маломерных судов являются:

1) наличие достаточных оснований считать, что в транспортном средстве, маломерном судне имеются орудия совершения либо предметы административного правонарушения;

2) управление транспортным средством водителем, находящимся в состоянии алкогольного, наркотического, токсикоманического опьянения, если водитель оказывает неповиновение законным требованиям уполномоченных должностных лиц;

3) проведение уполномоченными должностными лицами мероприятий по задержанию разыскиваемых транспортных средств, маломерных судов;

4) если имеются достаточные основания считать, что перевозимый на транспортном средстве, маломерном судне груз не соответствует представленным документам;

5) необходимость проведения сверки узлов и агрегатов транспортного средства, маломерного судна с данными согласно представленным документам;

6) выявление неисправностей транспортного средства, маломерного судна, при наличии которых эксплуатация запрещена;

7) задержание транспортного средства, запрещение его эксплуатации.

4. Досмотр транспортных средств, маломерных судов производится в присутствии лица, во владении которого они находятся, либо его представителя или лица, управляющего транспортным средством, маломерным судном на законном основании. В случаях, не терпящих отлагательства, они могут быть подвергнуты досмотру в отсутствие указанных лиц.

5. В необходимых случаях с целью фиксации предметов, выявленных при досмотре транспортных средств и маломерных судов, производятся их фото-, киносъемка, видеозапись.

6. О досмотре транспортных средств, маломерных судов составляется протокол. Копия этого протокола вручается лицу, во владении которого находятся подвергнутые досмотру транспортные средства, маломерные суда, либо его представителю или лицу, управляющему транспортным средством, маломерным судном на законном основании.

7. В протоколе досмотра транспортных средств, маломерных судов указываются дата и место его составления, должность, фамилия и инициалы лица, составившего протокол, сведения о личности владельца транспортного средства, маломерного судна, подвергнутого досмотру, сведения о типе, марке, модели, государственном регистрационном номере, иных идентификационных признаках транспортного средства, маломерного судна.

8. В протоколе досмотра делается запись о применении фото– и киносъемки, видеозаписи, иных установленных способов фиксации документов. Материалы, полученные при проведении досмотра с применением фото– и киносъемки, видеозаписи, иных установленных средств фиксации вещественных доказательств, прилагаются к соответствующему протоколу.

9. Протокол досмотра транспортных средств, маломерных судов подписывается должностным лицом, его составившим, лицом, в отношении которого ведется производство по делу, владельцем транспортного средства, маломерного судна, подвергнутого досмотру, либо его представителем. В случае отказа лица, в отношении которого ведется производство по делу, владельца транспортного средства, маломерного судна, подвергнутого досмотру, его представителя от подписания протокола, в нем производится соответствующая запись.

Статья 793. Осмотр

1. Осмотр, то есть визуальное обследование транспортного средства, местности, предметов, товаров, импортированных на территорию Республики Казахстан, а также перемещаемых по территории Республики Казахстан, документов, живых лиц, производится с целью выявления следов административного правонарушения, иных материальных объектов, а также обстоятельств, имеющих значение для составления протокола об административном правонарушении.

2. Осмотр может проводиться до возбуждения дела об административном правонарушении.

Сноска. Статья 793 с изменением, внесенным Законом РК от 03.12.2015 № 432-V (вводится в действие с 01.01.2016).

Статья 794. Общие правила производства осмотра

1. Осмотр, как правило, производится безотлагательно, когда возникает необходимость. При необходимости, а также по требованию участников осмотра составляется протокол, в котором указываются дата и место его составления, должность, фамилия и инициалы лица, составившего его, сведения о лице, подвергнутом осмотру, виде, количестве, иных идентификационных признаках вещей, товаров, импортированных на территорию Республики Казахстан, а также перемещаемых по территории Республики Казахстан, в том числе о типе, марке, модели, калибре, серии, номере, признаках оружия, количестве и виде боевых припасов, специальных технических средств для проведения специальных оперативно-розыскных мероприятий и криптографических средств защиты информации.

Протокол осмотра подписывается должностным лицом, его составившим, лицом, подвергнутым осмотру, владельцем вещей, подвергнутых осмотру, понятыми. В случае отказа лица, подвергнутого осмотру, владельца вещей, подвергнутых осмотру, от подписания протокола в нем производится соответствующая запись.

2. Осмотр живых лиц производится должностными лицами, перечисленными в статье 787 настоящего Кодекса. Осмотр живых лиц производится лицом одного пола с досматриваемым и в присутствии двух понятых того же пола.

Осмотр предметов, находящихся при живом лице, то есть обследование, осуществляемое без нарушения их конструктивной целостности, производится уполномоченными на то должностными лицами, перечисленными в статье 787 настоящего Кодекса, в присутствии лица, в собственности или владении которого эти вещи находятся, и с участием двух понятых.

В исключительных случаях при наличии оснований полагать, что при живом лице находятся оружие или иные предметы, которые могут быть использованы для причинения вреда жизни и здоровью окружающих, осмотр может быть произведен без понятых с уведомлением об этом в течение двадцати четырех часов прокурора.

3. Осмотр местности, предметов, товаров, импортированных на территорию Республики Казахстан, а также перемещаемых по территории Республики Казахстан, документов, за исключением указанных в части второй настоящей статьи, производится с участием понятых. В исключительных случаях (в труднодоступной местности, при отсутствии надлежащих средств сообщения или когда в силу других объективных причин нет возможности для привлечения физических лиц в качестве понятых) осмотр может проводиться без участия понятых, но с применением при этом технических средств фиксации его хода и результатов.

4. При необходимости осмотр проводится с участием правонарушителя, потерпевшего, свидетелей, а также специалиста.

5. Осмотр обнаруженных следов и иных материальных объектов осуществляется на месте административного правонарушения. Если же для осмотра требуется дополнительное время или осмотр на месте обнаружения значительно затруднен, объекты могут быть изъяты и в упакованном, опечатанном виде, без повреждений доставлены в другое удобное для осмотра место.

6. Все обнаруженное и изъятое при осмотре должно быть предъявлено понятым, другим участникам осмотра, о чем делается отметка в протоколе.

7. Изъятию подлежат только те объекты, а также товары, импортированные на территорию Республики Казахстан, а также перемещаемые по территории Республики Казахстан, которые могут иметь отношение к делу. Изъятые объекты, товары упаковываются, опечатываются и заверяются подписями уполномоченного должностного лица и понятых.

8. Лица, участвующие в осмотре, вправе обращать внимание уполномоченного должностного лица на все, что, по их мнению, может способствовать выяснению обстоятельств дела.

9. В необходимых случаях при осмотре производятся измерения, составляются планы и схемы осматриваемых объектов, а также фотографирование и запечатление иными средствами, о чем делается отметка в протоколе, к которому приобщаются указанные материалы.

10. Копия протокола осмотра вручается лицу, в отношении которого ведется производство по делу, либо его представителю.

Сноска. Статья 794 с изменениями, внесенными Законом РК от 03.12.2015 № 432-V (вводится в действие с 01.01.2016).

Статья 795. Изъятие вещей, товаров и документов, находящихся при физическом лице

Сноска. Заголовок статьи 795 с изменением, внесенным Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Изъятие документов и вещей, товаров, импортированных на территорию Республики Казахстан, а также перемещаемых по территории Республики Казахстан, являющихся орудием либо предметом правонарушений, обнаруженных на месте совершения правонарушения либо при применении мер обеспечения производства по делу об административном правонарушении, предусмотренных статьей 785 настоящего Кодекса, осуществляется должностными лицами, уполномоченными применять соответствующие меры обеспечения производства по делу, с участием двух понятых.

В исключительных случаях (в труднодоступной местности, при отсутствии надлежащих средств сообщения или когда в силу других объективных причин нет возможности для привлечения физических лиц в качестве понятых) изъятие документов и вещей, товаров, импортированных на территорию Республики Казахстан, а также перемещаемых по территории Республики Казахстан, являющихся орудием правонарушений, обнаруженных на месте совершения правонарушения либо при применении мер обеспечения производства по делу об административном правонарушении, предусмотренных статьей 785 настоящего Кодекса, может осуществляться без участия понятых, но с применением при этом технических средств фиксации его хода и результатов.

2. Об изъятии вещей, товаров, импортированных на территорию Республики Казахстан, и документов составляется протокол, копия которого вручается лицу, в отношении которого ведется производство по делу, или его представителю, либо делается соответствующая запись в протоколе об административном правонарушении.

3. В протоколе об изъятии документов, товаров, импортированных на территорию Республики Казахстан, и вещей (протоколе об административном правонарушении) содержатся сведения о виде и реквизитах изъятых документов, виде, количестве, иных идентификационных признаках изъятых вещей, в том числе о типе, марке, модели, калибре, серии, номере, иных идентификационных признаках изъятого оружия, количестве и виде боевых припасов, специальных технических средств для проведения специальных оперативно-розыскных мероприятий и криптографических средств защиты информации.

4. Протокол подписывается должностным лицом, его составившим, лицом, у которого изъяты соответствующие документы, товары, импортированные на территорию Республики Казахстан, а также перемещаемые по территории Республики Казахстан, и вещи, понятыми. В случае отказа лица, у которого изъяты соответствующие документы и вещи, от подписания протокола в нем производится соответствующая запись.

5. Изъятые вещи, товары, импортированные на территорию Республики Казахстан, а также перемещаемые по территории Республики Казахстан, и документы до рассмотрения дела об административном правонарушении хранятся в местах, определяемых должностным лицом, произведшим изъятие, в порядке, определяемом соответствующим уполномоченным государственным органом.

6. Изъятое огнестрельное и иное оружие, а также боевые припасы, специальные технические средства для проведения специальных оперативно-розыскных мероприятий и криптографические средства защиты информации хранятся или уничтожаются в порядке, определяемом Министерством внутренних дел Республики Казахстан.

7. После рассмотрения дела в соответствии с вынесенным постановлением изъятые документы, товары, импортированные на территорию Республики Казахстан, а также перемещаемые по территории Республики Казахстан, и вещи возвращаются их владельцу или конфискуются, или реализуются, или хранятся, или уничтожаются в установленном порядке. По делам об административных правонарушениях в области дорожного движения изъятые документы хранятся до исполнения принятого по делу постановления.

8. Водительское удостоверение на право управления транспортным средством подлежит изъятию только в том случае, если за совершенное лицом административное правонарушение настоящим Кодексом предусмотрена санкция в виде лишения права управления транспортным средством. В остальных случаях водительское удостоверение на право управления транспортным средством после составления протокола об административном правонарушении незамедлительно возвращается владельцу.

Взамен изъятого водительского удостоверения водителю выдается временное удостоверение по форме, установленной уполномоченным органом.

9. При несдаче водителем экзамена для проверки знания правил дорожного движения в течение двух месяцев со дня получения постановления о направлении на экзамен должностным лицом, вынесшим постановление, принимаются меры, предусмотренные законодательством Республики Казахстан в области безопасности дорожного движения.

10. Государственные номера транспортных средств подлежат изъятию только в присутствии двух понятых и (или) собственника транспортного средства, при этом уполномоченное должностное лицо, производящее изъятие государственных номеров, обязано разъяснить основание производства изъятия владельцу транспортного средства. Запрещается производить изъятие государственных номеров транспортных средств с целью взыскания наложенного штрафа.

11. Изъятые орден, медаль, нагрудный знак к почетному званию Республики Казахстан, Казахской ССР, СССР и других государств подлежат возврату их законному владельцу, а если он не известен, направляются в Администрацию Президента Республики Казахстан.

12. Изъятие вещей, товаров, импортированных на территорию Республики Казахстан, а также перемещаемых по территории Республики Казахстан, и документов, находящихся при физическом лице, производится лишь в исключительных случаях для достижения целей, предусмотренных частью первой статьи 785 настоящего Кодекса. Применение данной меры в целях, не предусмотренных настоящим Кодексом, влечет ответственность, установленную законами Республики Казахстан.

Сноска. Статья 795 с изменениями, внесенными законами РК от 03.12.2015 № 432-V (вводится в действие с 01.01.2016); от 22.12.2016 № 28-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 796. Отстранение от управления транспортным средством, судном, в том числе маломерным судном, и освидетельствование на состояние опьянения

1. Управляющие транспортным средством, судном, в том числе маломерным судном, водитель, судоводитель, в отношении которых имеются достаточные основания полагать, что они находятся в состоянии опьянения, подлежат отстранению от управления транспортным средством, судном, в том числе маломерным судном, и освидетельствованию на состояние опьянения.

2. Отстранение от управления транспортным средством, судном, в том числе маломерным, освидетельствование и направление для медицинского освидетельствования на состояние опьянения производятся соответственно сотрудниками органов внутренних дел, военной полиции – при совершении правонарушений лицом, управляющим транспортным средством органов национальной безопасности, Вооруженных Сил Республики Казахстан, других войск и воинских формирований Республики Казахстан и органов транспортного контроля.

Примечание ИЗПИ!
В часть третью предусмотрено изменение Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

3. Направление для освидетельствования на состояние опьянения, освидетельствование на состояние опьянения и оформление его результатов производятся в порядке, установленном Правительством Республики Казахстан. В случае несогласия водителя, судоводителя с результатами освидетельствования они направляются на медицинское освидетельствование в медицинское учреждение.

4. Исключен Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

5. В протоколе об административном правонарушении указываются дата, время, место, основания отстранения от управления транспортным средством, судном, в том числе маломерным судном, для проведения освидетельствования. Копия протокола вручается лицу, в отношении которого ведется производство по делу, либо его законному представителю.

6. Акт освидетельствования на состояние опьянения прилагается к соответствующему протоколу.

Сноска. Статья 796 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 797. Задержание, доставление и запрещение эксплуатации транспортного средства, судна, в том числе маломерного судна

1. При совершении нарушений, указанных в статьях:

1) 230 (часть вторая), 367, 368, 370, 372, 381, 382, 383, 392, 393, 394, 395, 396, 400, 403 (часть вторая), 406 (за исключением частей седьмой и восьмой), 476 (часть вторая), 478 (часть вторая), 506, 510, 511, 512, 513, 514, 515, 516, 517, 571, 571-1, 572, 573, 575, 581, 582, 586, 589, 590 (части вторая, 2-1, третья, четвертая и 4-1), 597 (части третья и четвертая), 608, 612, 613 (части 3-1, четвертая, пятая, шестая, девятая, десятая и одиннадцатая), 654 (в части правонарушений, предусмотренных статьями 590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 606, 607, 610, 611, 612, 613) настоящего Кодекса, уполномоченное должностное лицо, указанное в части второй настоящей статьи, вправе задерживать, доставлять и запрещать эксплуатацию транспортных средств, судов, в том числе маломерных судов, путем доставки их для временного хранения на специальные площадки, стоянки или площадки, прилегающие к стационарному посту транспортного контроля, в том числе с использованием другого транспортного средства (эвакуатора), судна или маломерного судна, до устранения причин задержания;

Примечание ИЗПИ!
В подпункт 2) предусмотрено изменение Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

2) 400, 403 (часть вторая), 406 (за исключением частей седьмой и восьмой), 476 (часть вторая), 478 (часть вторая), 571 (части пятая, шестая, седьмая и восьмая), 573, 575, 593 (части вторая, третья, четвертая и пятая) настоящего Кодекса, уполномоченное должностное лицо, указанное в части второй настоящей статьи, вправе задерживать, доставлять и запрещать эксплуатацию транспортных средств, принадлежащих иностранцам или иностранным юридическим лицам, путем доставки их для временного хранения на специальные площадки, стоянки или площадки, прилегающие к стационарному посту транспортного контроля, в том числе с использованием другого транспортного средства (эвакуатора), до исполнения постановления о наложении административного взыскания;

3) 334 (часть вторая), 590 (части первая, пятая, шестая, седьмая, восьмая, девятая и десятая), 597 (части первая и вторая), 610, 611 настоящего Кодекса, уполномоченное должностное лицо, указанное в части второй настоящей статьи, вправе запрещать эксплуатацию транспортных средств путем изъятия государственных регистрационных номерных знаков до устранения причин запрета на эксплуатацию транспортного средства.

Доставление (эвакуация) транспортного средства для его временного хранения на специальных площадках, стоянках или площадках, прилегающих к стационарному посту транспортного контроля, также может быть применено в случаях нарушения водителем транспортного средства правил остановки или стоянки в его отсутствие, а также к транспортным средствам, оставленным водителями на дороге без присмотра, когда установить их место нахождения не представляется возможным.

2. Задержание, доставление и запрещение эксплуатации транспортного средства, судна, в том числе маломерного судна, производятся сотрудниками органами внутренних дел, Пограничной службы Комитета национальной безопасности при охране и защите Государственной границы Республики Казахстан, военной полиции при совершении административного правонарушения лицом, управляющим транспортным средством органов национальной безопасности, Вооруженных Сил Республики Казахстан, других войск и воинских формирований Республики Казахстан, органов транспортного контроля в пределах их полномочий, органов лесного и охотничьего хозяйства, особо охраняемых природных территорий, государственной охраны животного мира (при нарушении законодательства в области лесного, рыбного, охотничьего хозяйства, особо охраняемых природных территорий), должностными лицами уполномоченного органа в области ветеринарии, по карантину растений и в области защиты растений, должностными лицами органов государственных доходов в пределах их полномочий.

Доставление (эвакуация) транспортного средства для его временного хранения на специальных площадках или стоянках может осуществляться местными исполнительными органами.

3. О задержании, доставлении и запрещении эксплуатации транспортного средства, судна, в том числе маломерного судна, составляется и приобщается к протоколу об административном правонарушении акт установленной формы.

4. Хранение задержанного транспортного средства, судна, в том числе маломерного судна, осуществляется на специальных площадках или стоянках, создаваемых по решению местных исполнительных органов и являющихся коммунальной собственностью.

Сноска. Статья 797 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 03.12.2015 № 432-V (вводится в действие с 01.01.2016); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.07.2018 № 166-VI (вводится в действие с 01.01.2019); от 28.10.2019 № 268-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.07.2020 № 359-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 798. Осмотр территорий, помещений, товаров, иного имущества, принадлежащих юридическому лицу, а также соответствующих документов

1. Осмотр территорий, помещений, товаров, иного имущества, принадлежащих юридическому лицу, а также соответствующих документов производится должностными лицами, уполномоченными составлять протоколы об административных правонарушениях юридических лиц, в соответствии со статьей 804 настоящего Кодекса.

2. Осмотр производится в присутствии представителя юридического лица с участием двух понятых.

3. О проведении осмотра составляется протокол. Копия протокола вручается представителю юридического лица, в отношении которого ведется производство по делу.

4. В протоколе осмотра территорий, помещений, товаров, иного имущества, принадлежащих юридическому лицу, а также соответствующих документов указываются дата и место его составления, должность, фамилия и инициалы лица, составившего протокол, сведения о соответствующем юридическом лице, а также о личности его представителя либо иного работника, сведения об осмотренных территориях и помещениях, видах, количестве, иных идентификационных признаках товаров и прочих вещей, видах и реквизитах документов.

5. В протоколе осмотра делается запись о применении в ходе его производства фото– и киносъемки, видеозаписи, иных установленных способов фиксации документов. Материалы, полученные в результате фото-, киносъемки, видеозаписи, иных установленных средств фиксации вещественных доказательств, прилагаются к соответствующему протоколу.

6. Протокол осмотра территорий, помещений, товаров, иного имущества, принадлежащих юридическому лицу, а также соответствующих документов подписывается должностным лицом, его составившим, представителем либо в случаях, не терпящих отлагательства, работником юридического лица, а также понятыми. В случае отказа представителя или иного работника указанного юридического лица от подписания протокола в нем производится соответствующая запись.

Статья 799. Изъятие документов и имущества, принадлежащих юридическому лицу

Изъятие документов, товаров, иного имущества, предметов, явившихся орудием либо предметом совершения административного правонарушения, принадлежащих юридическому лицу, обнаруженных на месте совершения административного правонарушения либо при проведении осмотра территорий, помещений, транспортных средств, товаров, иного имущества, принадлежащих юридическому лицу, осуществляется должностными лицами, указанными в статье 804 настоящего Кодекса, а также уполномоченными должностными лицами, имеющими право составлять протоколы об административных правонарушениях по статьям 235, 236, 237, 416 настоящего Кодекса. Оформление изъятия документов, товаров, иного имущества, принадлежащих юридическому лицу, а также их хранение осуществляются в порядке, установленном статьей 795 настоящего Кодекса.

Статья 800. Наложение ареста на товары, транспортные средства и иное имущество, принадлежащие юридическому лицу

1. Наложение ареста на товары, транспортные средства и иное имущество, принадлежащие юридическому лицу, явившиеся орудиями либо предметами совершения административного правонарушения, представляет собой опись указанных товаров, транспортных средств и иного имущества с объявлением представителю юридического лица, в отношении которого применена данная мера обеспечения производства по делу об административном правонарушении, о запрете распоряжаться (а в необходимых случаях и пользоваться) ими и применяется в случае, если эти товары, транспортные средства и иное имущество изъять невозможно и (или) их сохранность может быть обеспечена без изъятия. Товары, транспортные средства и иное имущество, на которые наложен арест, могут быть переданы на ответственное хранение другим лицам, назначенным должностным лицом, наложившим арест.

2. Наложение ареста на товары, транспортные средства и иное имущество, принадлежащие юридическому лицу, осуществляется уполномоченными на то должностными лицами, указанными в статье 787, части первой статьи 804 настоящего Кодекса, в присутствии владельца товара, транспортного средства и иного имущества и двух понятых.

В случаях, не терпящих отлагательства, наложение ареста на товары, транспортные средства и иное имущество может быть осуществлено в отсутствие их владельца.

3. В необходимых случаях применяются фото– и киносъемка, видеозапись.

4. О наложении ареста на товары, транспортные средства и иное имущество, принадлежащие юридическому лицу, составляется протокол. В протоколе о наложении ареста на товары, транспортные средства и иное имущество, принадлежащие юридическому лицу, указываются дата и место его составления, должность, фамилия и инициалы лица, составившего протокол, сведения о юридическом лице, в отношении которого применена данная мера обеспечения производства по делу об административном правонарушении, и о лице, во владении которого находятся товары, транспортные средства и иное имущество, на которые наложен арест, их опись и идентификационные признаки, а также делается запись о применении фото– и киносъемки, видеозаписи. Материалы, полученные при осуществлении ареста с применением фото– и киносъемки, видеозаписи, прилагаются к протоколу.

5. В необходимых случаях товары, транспортные средства и иное имущество, на которые наложен арест, упаковываются и (или) опечатываются.

6. Копия протокола о наложении ареста на товары, транспортные средства и иное имущество, принадлежащие юридическому лицу, вручается представителю юридического лица, в отношении которого применена данная мера обеспечения производства по делу об административном правонарушении.

7. Отчуждение или сокрытие товаров, транспортных средств и иного имущества, принадлежащих юридическому лицу, на которые наложен арест, юридическим лицом, в отношении которого применена данная мера обеспечения производства по делу об административном правонарушении, либо лицом, осуществляющим хранение арестованного имущества, влечет установленную законами Республики Казахстан ответственность.

Статья 801. Порядок приостановления либо запрещения деятельности или отдельных ее видов

1. Приостановление либо запрещение деятельности или отдельных ее видов осуществляются должностным лицом, уполномоченным в соответствии со статьей 804 настоящего Кодекса составлять протокол об административном правонарушении, за совершение которого может быть применено административное взыскание в виде приостановления либо запрещения деятельности или отдельных ее видов. Приостановление либо запрещение деятельности или отдельных ее видов допускаются сроком не более трех суток. В указанный срок орган (должностное лицо) обязан направить материалы об административном правонарушении в суд, орган (должностному лицу), уполномоченный рассматривать дела об административных правонарушениях.

2. О приостановлении либо запрещении деятельности или отдельных ее видов составляется акт, в котором указываются основание применения этой меры, дата и место его составления, должность, фамилия и инициалы должностного лица, составившего акт, сведения о лице, в отношении которого ведется производство по делу об административном правонарушении, объект деятельности, подвергшийся временному запрету деятельности, время фактического прекращения деятельности, объяснения лица и иные данные, необходимые для правильного разрешения дела. При этом акт о приостановлении либо запрещении деятельности или отдельных ее видов действует до вынесения решения по делу.

3. Акт о приостановлении либо запрещении деятельности или отдельных ее видов подписывается составившим его должностным лицом, физическим лицом или представителем юридического лица, чья деятельность временно прекращена. В случае, если кем-либо из указанных лиц акт не подписан, должностное лицо делает в нем соответствующую запись.

4. Копия акта о приостановлении либо запрещении деятельности или отдельных ее видов вручается под расписку лицу, чья деятельность временно прекращена.

5. Должностным лицом, составившим акт о приостановлении либо запрещении деятельности или отдельных ее видов, производятся наложение пломб, опечатывание помещений, мест хранения товаров и иных материальных ценностей, касс, а также применяются другие меры по исполнению лицами, указанными в акте, мероприятий, необходимых для временного прекращения деятельности.

Сноска. Статья 801 с изменениями, внесенными Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Глава 41. ВОЗБУЖДЕНИЕ ДЕЛ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ

Статья 802. Поводы и основание для возбуждения дела об административном правонарушении

1. Поводами к возбуждению дела об административном правонарушении являются:

1) непосредственное обнаружение уполномоченным должностным лицом факта совершения административного правонарушения с учетом положений частей третьей и пятой настоящей статьи;

2) материалы, поступившие из правоохранительных органов, а также других государственных органов, органов местного самоуправления;

3) сообщения или заявления физических и юридических лиц, а также сообщения в масс-медиа;

Примечание ИЗПИ!
Подпункт 4 предусмотрен в редакции Закона РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

4) показания специальных автоматизированных измерительных средств, а также сертифицированных специальных контрольно-измерительных технических средств и приборов наблюдения, в том числе работающих в автоматическом режиме и фиксирующих совершение административного правонарушения в сфере автомобильного транспорта и безопасности дорожного движения посредством фото-, видеосъемки дорожной ситуации, определения скорости и направления движения транспортного средства, действий других участников дорожного движения;

5) показания контрольно-измерительной аппаратуры и (или) средств радиотехнического контроля.

2. Основанием для возбуждения дела об административном правонарушении является наличие достаточных данных, указывающих на признаки административного правонарушения при отсутствии обстоятельств, исключающих производство по делу, предусмотренных статьей 741 настоящего Кодекса.

3. Основаниями для возбуждения дела об административном правонарушении согласно подпункту 1) части первой настоящей статьи в отношении субъекта контроля и надзора являются:

1) результат проверки, проведенной в порядке, установленном Предпринимательским кодексом Республики Казахстан;

2) непосредственное обнаружение факта совершения административного правонарушения уполномоченным должностным лицом в сферах естественных монополий и общественно значимых рынков.

Действие настоящей части не распространяется на случаи выявления признаков административного правонарушения при осуществлении контроля и надзора в сферах, предусмотренных пунктами 4 и 5 статьи 129 и пунктами 3 и 5 статьи 140 Предпринимательского кодекса Республики Казахстан, а также в области государственной статистики при осуществлении профилактического контроля без посещения респондентов.

4. Дело об административном правонарушении считается возбужденным с момента составления первого протокола о применении мер обеспечения производства по делу об административном правонарушении, предусмотренном статьей 785 настоящего Кодекса, составления протокола об административном правонарушении или вынесения прокурором постановления о возбуждении дела об административном правонарушении, а также объявления судьей (судом) об установлении факта проявления неуважения к суду со стороны присутствующего в процессе лица в ходе судебного разбирательства.

В случае, если административное правонарушение зафиксировано сертифицированными специальными контрольно-измерительными техническими средствами и приборами, работающими в автоматическом режиме, дело об административном правонарушении считается возбужденным с момента направления предписания о необходимости уплаты штрафа в порядке, предусмотренном статьей 743 настоящего Кодекса, а при совершении административных правонарушений, дела по которым рассматриваются органами государственных доходов, дело об административном правонарушении считается возбужденным с момента надлежащего доставления уведомления (извещения).

5. Основаниями для возбуждения дела об административном правонарушении согласно подпункту 1) части первой настоящей статьи в отношении субъекта контроля и надзора являются результат проверки, проведенной в порядке, установленном законами Республики Казахстан об электроэнергетике и в области теплоэнергетики, предусмотренном статьями 6-3, 6-4 и 6-5 Закона Республики Казахстан "Об электроэнергетике" и статьями 13, 14 и 15 Закона Республики Казахстан "О теплоэнергетике", а также результат расследования в случаях, предусмотренных пунктом 7 статьи 144-4 Предпринимательского кодекса Республики Казахстан.

Действие настоящей части не распространяется на случаи выявления признаков административного правонарушения при осуществлении контроля и надзора в сферах, предусмотренных статьей 129, за исключением пункта 8-1 статьи 129 Предпринимательского кодекса Республики Казахстан.

Сноска. Статья 802 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 29.10.2015 № 376-V (вводится в действие с 01.01.2016); от 24.11.2015 № 419-V (вводится в действие с 01.01.2016); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 08.07.2024 № 122-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 803. Протокол об административном правонарушении

1. Протокол об административном правонарушении составляется в письменной форме уполномоченным на то должностным лицом, за исключением случаев, предусмотренных статьей 807 настоящего Кодекса. Наряду с письменной формой может быть использована электронная форма протокола об административном правонарушении.

2. В протоколе об административном правонарушении указываются:

1) дата и место составления протокола;

2) должность, фамилия и инициалы лица, составившего протокол;

3) сведения о лице, в отношении которого возбуждено дело (для физических лиц – фамилия, имя, отчество (при его наличии), дата рождения, место жительства, наименование и реквизиты документа, удостоверяющего личность, идентификационный номер, место работы, абонентский номер телефона, факса, сотовой связи и (или) электронный адрес (если они имеются); для юридических лиц – наименование, место нахождения, номер и дата государственной регистрации (перерегистрации) юридического лица, идентификационный номер и банковские реквизиты, абонентский номер телефона, факса, сотовой связи и (или) электронный адрес (если они имеются);

4) место, время совершения и существо административного правонарушения;

5) статья Особенной части раздела 2 настоящего Кодекса, предусматривающая административную ответственность за данное правонарушение; фамилии, имена, отчества (при их наличии), адреса свидетелей и потерпевших, если они имеются;

6) объяснение физического лица либо представителя юридического лица, в отношении которого возбуждено дело; название, номер, дата метрологической поверки, показания технического средства, если оно использовалось при выяснении и фиксации административного правонарушения;

7) иные сведения, необходимые для разрешения дела, в том числе время и место рассмотрения дела об административном правонарушении, а также прилагаются документы, подтверждающие факт совершения административного правонарушения.

3. При составлении протокола об административном правонарушении определяется язык производства. Лицу, в отношении которого возбуждено дело, а также другим участникам производства по делу разъясняются их права и обязанности, предусмотренные настоящим Кодексом, о чем делается отметка в протоколе.

При составлении протокола об административном правонарушении защитнику или законному представителю несовершеннолетнего лица, в отношении которого ведется производство по делу об административном правонарушении, разъясняется их право обратиться с ходатайством о передаче дела по подсудности в специализированный районный и приравненный к нему суд по административным правонарушениям, а при его отсутствии на территории соответствующей административно-территориальной единицы – в районный (городской) суд.

При составлении протокола об административном правонарушении защитнику или законному представителю несовершеннолетнего лица, в отношении которого ведется производство по делу об административном правонарушении, разъясняется их право обратиться с ходатайством о передаче дела по подсудности в специализированный административный суд, а при отсутствии специализированного административного суда на территории соответствующей административно-территориальной единицы – в районный (городской) суд.

4. Протокол об административном правонарушении подписывается лицом, его составившим, и лицом (представителем лица), в отношении которого ведется производство по делу об административном правонарушении, за исключением случаев, предусмотренных настоящей статьей. При наличии потерпевших и свидетелей, а также в случаях участия понятых протокол подписывается также этими лицами.

5. В случае отсутствия или неявки надлежащим образом извещенного лица, в отношении которого возбуждено дело, протокол об административном правонарушении подписывается лицом, его составившим, с отметкой в нем об отсутствии или неявке лица, в отношении которого возбуждено дело.

6. В случае отказа в принятии под расписку протокола по делу об административном правонарушении лицом, в отношении которого возбуждено дело об административном правонарушении, в протоколе производится соответствующая запись лицом, его составившим.

7. Физическому лицу или представителю юридического лица, в отношении которого возбуждено дело, должна быть предоставлена возможность ознакомления с протоколом об административном правонарушении. Указанные лица вправе представлять объяснения и замечания по содержанию протокола, а также изложить мотивы своего отказа от его подписания, которые прилагаются к протоколу. В случае отказа этих лиц от подписания протокола об административном правонарушении в нем производится соответствующая запись. Факт подписания протокола лицом, в отношении которого возбуждено дело, свидетельствует об ознакомлении данного лица с протоколом и не является признанием его вины в совершении административного правонарушения.

8. Физическому лицу или представителю юридического лица, в отношении которого возбуждено дело, а также потерпевшему копия протокола об административном правонарушении вручается под расписку немедленно после его составления, за исключением случаев, предусмотренных частью девятой настоящей статьи.

При составлении протокола в электронной форме уполномоченное лицо сообщает участникам производства по делу о его размещении на веб-портале "электронного правительства" и (или) информационном сервисе уполномоченного органа в области правовой статистики и специальных учетов. По просьбе лица (представителя лица), в отношении которого ведется производство по делу об административном правонарушении, копия протокола представляется немедленно посредством вручения на бумажном носителе либо направления на указанный им почтовый или электронный адрес, а также иным способом, предусмотренным порядком ведения Единого реестра административных производств.

9. Протокол об административном правонарушении в случаях его составления в отсутствие лица, в отношении которого возбуждено дело по основаниям, предусмотренным подпунктом 4) части первой статьи 802 настоящего Кодекса, а также частью пятой настоящей статьи, в течение двух суток после его составления направляется по почте заказным письмом с уведомлением лица, в отношении которого возбуждено дело, либо в форме электронного документа, удостоверенного электронной цифровой подписью. Факт невозвращения протокола в течение трех суток с момента получения лицом, в отношении которого возбуждено дело, признается отказом от его подписания, о чем делается соответствующая запись в копии протокола.

Сноска. Статья 803 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 31.10.2015 № 378-V (вводится в действие с 01.01.2016); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 29.06.2020 № 351-VI (вводится в действие с 01.07.2021).

Статья 804. Должностные лица, имеющие право составлять протоколы об административных правонарушениях

1. По делам об административных правонарушениях, рассматриваемым судами, протоколы об административных правонарушениях имеют право составлять уполномоченные на то должностные лица:

1) органов внутренних дел (статьи 73, 73-3, 80-1 (части вторая, четвертая и пятая), 85, 100, 127, 127-2, 128, 129, 130, 131, 133, 134, 147-1,149, 150, 154, 156-1 (части вторая и третья), 160 (часть вторая), 190 (части вторая, третья и четвертая), 200, 282 (части третья и четвертая), 381-1, 382 (части вторая и третья), 383 (части третья и четвертая), 395 (часть вторая), 398, 416 (по нарушениям требований безопасности к гражданскому и служебному оружию и патронам к нему, химической продукции, связанной с оборотом наркотических средств, психотропных веществ и прекурсоров, гражданских пиротехнических веществ и изделий с их применением), 423, 423-1, 427, 433 (часть вторая), 434, 435, 436, 438 (часть третья), 440 (часть третья), 442 (часть третья), 443 (часть вторая), 443-1 (часть вторая), 444 (часть первая), 446, 448, 449 (части вторая и третья), 450 (часть вторая), 453, 456-2 (части третья, четвертая, пятая и шестая), 461, 462, 463, 476, 477, 478, 479, 480 (часть вторая), 481, 482, 483, 485 (часть вторая), 488, 489 (части вторая, третья и четвертая), 490 (части первая и третья), 495 (часть вторая), 496 (части вторая и третья), 506, 510 (часть четвертая), 512 (часть вторая), 513 (часть вторая), 514 (часть вторая), 517 (части вторая, четвертая, пятая, шестая и седьмая), 590 (части 2-1, четвертая и 4-1), 596 (часть третья), 603 (части первая и вторая), 606 (часть вторая), 607 (часть вторая), 608, 610, 611 (части вторая и третья), 612 (части третья и 4-1), 613 (части первая, третья, 3-1, четвертая, пятая, девятая, десятая и одиннадцатая), 615 (часть четвертая), 621 (часть третья), 654 (в части правонарушений, предусмотренных статьями 590, 591,592, 594,595,596,597,598, 599, 600, 601, 602, 603, 606, 607, 608, 610, 611, 612, 613), 662, 663, 665, 667, 669, 674, 675);

2) уполномоченного органа в сфере гражданской защиты (статьи 299 (часть вторая) (за исключением безопасности плотин), 312 (часть вторая), 314, 416 (по нарушениям требований безопасности к машинам и оборудованию, химической продукции в части пожаро– и взрывоопасности), 433 (часть вторая), 462);

3) комендатур отдельных местностей (статьи 476, 478);

4) органов военной полиции Вооруженных Сил Республики Казахстан о правонарушениях, совершенных военнослужащими, военнообязанными, призванными на сборы, и лицами, управляющими транспортными средствами Вооруженных Сил Республики Казахстан, других войск и воинских формирований Республики Казахстан, предусмотренных статьями 73, 154, 434, 436, 440 (часть третья), 444 (часть первая), 479, 482, 483, 488, 506, 590 (части 2-1, четвертая и 4-1), 596 (часть третья), 603 (части первая и вторая), 606 (часть вторая), 607 (часть вторая), 608, 610, 611 (части вторая и третья), 612 (части третья и 4-1), 613 (части первая, третья, 3-1, четвертая, пятая, девятая, десятая и одиннадцатая), 615 (часть четвертая), 621 (часть третья), 651 (в отношении военнослужащих, председателей, заместителей и членов медицинских, призывных, отборочных комиссий местных органов военного управления, воинских частей и учреждений), 652, 667, 676, 677, в отношении командиров (начальников) воинских частей (учреждений) по статьям 680, 681 настоящего Кодекса, за исключением лиц, указанных в подпунктах 5) и 6) настоящей части;

5) органов военной полиции Комитета национальной безопасности Республики Казахстан о правонарушениях, совершенных лицами, управляющими транспортными средствами специальных государственных органов, предусмотренных 590 (части 2-1, четвертая и 4-1), 596 (часть третья), 603 (части первая и вторая), 606 (часть вторая), 607 (часть вторая), 608, 610, 611 (части вторая и третья), 612 (части третья и 4-1), 613 (части первая, третья, 3-1, четвертая, пятая, девятая, десятая и одиннадцатая), 615 (часть четвертая), 621 (часть третья), совершенных военнослужащими органов национальной безопасности Республики Казахстан по статьям 434, 652, 667, а также в отношении иных лиц по статье 506, в отношении должностных лиц воинских частей по статьям 676, 677, 680, 681 настоящего Кодекса;

6) органов военной полиции Национальной гвардии Республики Казахстан о правонарушениях, совершенных военнослужащими и военнообязанными, призванными на сборы, предусмотренных статьями 506, 590 (части 2-1, четвертая и 4-1), 596 (часть третья), 603 (части первая и вторая), 606 (часть вторая), 607 (часть вторая), 608, 610, 611 (части вторая и третья), 612 (части третья и 4-1), 613 (части первая, третья, 3-1, четвертая, пятая, девятая, десятая и одиннадцатая), 615 (часть четвертая), 621 (часть третья), 652, 667, 676, 677, а также в отношении командиров воинских частей по статьям 680, 681 настоящего Кодекса;

7) уполномоченного органа в области использования и охраны водного фонда (статьи 299 (часть вторая) (за исключением промышленной безопасности), 360 (часть первая), 462);

8) уполномоченного органа в области ветеринарии (статья 416 (по нарушениям требований безопасности к пищевой продукции, подлежащей ветеринарно-санитарному контролю и надзору);

9) уполномоченных органов в области лесного хозяйства, охраны, воспроизводства и использования животного мира, охраны, защиты, восстановления и использования растительного мира, особо охраняемых природных территорий (статьи 160 (часть вторая), 381-1 (части вторая и третья), 382 (части вторая, третья), 383 (часть третья и четвертая), 385 (часть вторая), 389, 392 (часть третья), 395 (часть вторая), 396 (часть вторая), 398, 462, 463);

10) уполномоченного органа в области охраны окружающей среды (статьи 139 (часть вторая), 327-2 (часть вторая), 328 (части третья и четвертая), 331 (часть четвертая), 344 (часть первая), 416 (по нарушениям требований безопасности к химической продукции), 462);

11) органов государственного контроля в области изучения недр (статьи 416, 462);

12) уполномоченного органа в области культуры (статья 145);

13) уполномоченного органа в области туристской деятельности (статьи 462, 463, 465);

14) уполномоченного органа в сфере игорного бизнеса (статьи 214, 444 (часть первая), 462);

14-1) уполномоченного органа в сфере лотереи и лотерейной деятельности (статья 214);

15) органов по карантину и защите растений (статьи 400 (часть вторая), 415 (часть вторая) (по нарушениям требований технических регламентов в сфере оборота пестицидов), 416 (по нарушениям требований технических регламентов в сфере оборота пестицидов), 462);

16) органов в области семеноводства и регулирования зернового рынка (статья 462);

17) уполномоченного органа в области производства биотоплива (статья 169 (части вторая, седьмая, тринадцатая (в части производства биотоплива);

18) уполномоченного органа в области оборота биотоплива (статья 169 (части десятая, одиннадцатая, двенадцатая, тринадцатая (в части оборота биотоплива), четырнадцатая);

19) уполномоченного органа в области племенного животноводства (статьи 407 (части вторая и третья), 462, 463);

20) уполномоченного органа в области сельского хозяйства (статья 416 (по нарушениям требований безопасности к машинам и оборудованию, химической продукции);

21) органов государственного архитектурно-строительного контроля и надзора (статьи 312 (часть вторая), 313, 314, 316 (часть вторая), 317 (часть четвертая), 317-1 (часть вторая), 317-2 (часть вторая), 319, 462, 463);

22) государственного органа в сфере санитарно-эпидемиологического благополучия населения (статьи 193 (части вторая и третья), 282 (части третья и четвертая), 312 (часть вторая), 314, 416 (по нарушениям требований безопасности к пищевой продукции, игрушкам, химической продукции), 425 (часть вторая), 426 (части вторая и третья), 430 (часть вторая), 433 (часть вторая), 462, 463, 476);

23) уполномоченного органа в сфере информатизации и связи (статьи 134, 214 (когда эти нарушения совершены лицами, осуществляющими деятельность по выпуску цифровых активов, организации торгов ими, а также предоставлению услуг по обмену цифровых активов на деньги, ценности и иное имущество), 416 (по нарушениям требований безопасности к средствам связи), 462, 463, 637 (части восьмая, девятая, десятая и тринадцатая), 638 (часть вторая);

23-1) уполномоченного органа в сфере обеспечения информационной безопасности (статьи 462, 463);

24) уполномоченного органа в сфере гражданской авиации (статьи 462, 563 (часть вторая), 564 (часть пятая), 569 (части первая, вторая и четвертая);

25) уполномоченного органа в области транспорта и коммуникаций (статьи 416 (по нарушениям требований безопасности к машинам и оборудованию, химической продукции), 462, 463;

26) органов транспортного контроля (статьи 462, 463, 613 (части первая, третья, 3-1), 618);

27) органов Министерства финансов Республики Казахстан (статьи 214 (когда эти нарушения совершены аудиторами, аудиторскими организациями), 245, 246, 247 (части 7-1, девятая и одиннадцатая), 462);

27-1) уполномоченного органа, осуществляющего финансовый мониторинг (статьи 214 (части первая, вторая, третья, четвертая, пятая, шестая, седьмая, восьмая, девятая, десятая, одиннадцатая, двенадцатая и тринадцатая) (когда эти нарушения совершены юридическими консультантами, независимыми специалистами по юридическим вопросам, индивидуальными предпринимателями и юридическими лицами, осуществляющими лизинговую деятельность в качестве лизингодателя без лицензии, оказывающими посреднические услуги при осуществлении сделок купли-продажи недвижимого имущества, осуществляющими операции с драгоценными металлами и драгоценными камнями, ювелирными изделиями из них, бухгалтерскими организациями и профессиональными бухгалтерами, осуществляющими предпринимательскую деятельность в сфере бухгалтерского учета), 214-1, 462, 463 (когда эти нарушения совершены юридическими консультантами, независимыми специалистами по юридическим вопросам, индивидуальными предпринимателями и юридическими лицами, осуществляющими лизинговую деятельность в качестве лизингодателя без лицензии, оказывающими посреднические услуги при осуществлении сделок купли-продажи недвижимого имущества, осуществляющими операции с драгоценными металлами и драгоценными камнями, ювелирными изделиями из них);

28) исключен Законом РК от 12.11.2015 № 393-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования);

29) органов по государственному контролю над производством и оборотом подакцизной продукции (статьи 281 (части четвертая, пятая и шестая), 282 (части третья, четвертая, шестая, седьмая, одиннадцатая и тринадцатая), 283, 463);

30) уполномоченного органа по противодействию коррупции (статьи 154, 173, 658, 659, 660, 661, 662, 665, 667, 676, 677, 678, 679, 680, 681);

31) органов государственных доходов (статьи 150, 151 (часть вторая), 154, 158, 174 (часть вторая), 176, 176-1, 182, 246 (части пятая и шестая), 251, 281 (части четвертая, пятая и шестая), 282 (части третья, четвертая, шестая, седьмая, одиннадцатая и тринадцатая), 283, 283-1, 357, 398, 462, 463, 489 (части пятая, шестая, седьмая и восьмая), 528 (часть 1-1), 532 (часть вторая), 543 (части 1-1, третья и четвертая), 544, 545, 548 (часть вторая), 549, 550, 551 (часть третья), 552 (часть вторая), 590 (часть четвертая), 654, 679, а также по административным правонарушениям, совершенным в автомобильных пунктах пропуска через Государственную границу Республики Казахстан, предусмотренным статьей 425 (часть вторая);

32) уполномоченного органа в области промышленной безопасности (статьи 416 (по нарушениям требований безопасности к машинам и оборудованию, химической продукции в части пожаро- и взрывоопасности), 462);

33) органов юстиции (статьи 158, 214, 462, 668 , 668-1);

34) органов, являющихся лицензиарами или уполномоченных на выдачу разрешений второй категории в соответствии с законодательством Республики Казахстан (статьи 312 (часть вторая), 313, 314, 316 (часть вторая), 319, 392 (часть третья), 462, 463, 465, 621 (часть третья);

35) уполномоченного органа, осуществляющего руководство в сферах естественных монополий (статьи 171 (части первая и третья (по превышению предельной цены розничной реализации нефтепродуктов), 462);

36) уполномоченного органа по предпринимательству (статьи 175, 175-1, 462, 465);

37) органов в области технического регулирования и обеспечения единства измерений и их территориальных органов (статьи 415 (часть вторая), 415-1 (часть вторая), 417 (части первая и шестая), 419 (часть вторая), 462, 463);

38) органов по государственному энергетическому надзору и контролю (статьи 462, 463);

39) уполномоченного органа в области регулирования индустриальной политики (статья 416 (по нарушениям требований безопасности к машинам и оборудованию, химической продукции, игрушкам);

40) уполномоченного органа в области регулирования торговой деятельности (статьи 214, 462);

41) уполномоченного государственного органа в сфере государственной регистрации юридических лиц, актов гражданского состояния (статьи 462, 463);

42) уполномоченного органа в области углеводородов (статьи 170 (части седьмая, десятая и двенадцатая), 171 (части вторая и третья (по превышению предельных цен оптовой реализации товарного или сжиженного нефтяного газа), 356 (часть четырнадцатая), 462 (часть третья), 463);

42-1) уполномоченного органа в области твердых полезных ископаемых (статья 462 (часть третья);

42-2) уполномоченного органа в области добычи урана (статья 462 (часть третья);

43) уполномоченного органа в области использования атомной энергии (статьи 416 (по нарушениям требований безопасности к машинам и оборудованию, установленных техническими регламентами по ядерной и радиационной безопасности), 462, 463);

44) Пограничной службы Комитета национальной безопасности Республики Казахстан (статьи 382 (части вторая и третья), 383 (части третья и четвертая), 395 (часть вторая), 396 (часть вторая), 506, 510 (часть четвертая), 512 (часть вторая), 513 (часть вторая), 514 (часть вторая), 516, 517 (части вторая, четвертая, шестая и седьмая);

45) органов национальной безопасности (статьи 453 (части вторая и третья) (за совершение правонарушений, связанных с государственными секретами), 462, 477, 667);

46) Службы государственной охраны Республики Казахстан при проведении охранных мероприятий (статьи 149, 425 (часть вторая), 436, 477, 479, 482, 488, 506, 606 (часть вторая), 652 (части первая, вторая, третья, четвертая и шестая) по административным правонарушениям, совершенным военнослужащими Службы государственной охраны Республики Казахстан), 667);

47) Высшей аудиторской палаты Республики Казахстан и ревизионных комиссий областей, городов республиканского значения, столицы (статьи 234-1 и 462);

48) органов государственной инспекции труда (статья 462);

49) уполномоченного органа в области образования (127, 127-1, 127-2, 134, 409 (части 7-1 и 7-8), 462, 463);

50) местных исполнительных органов областей, городов республиканского значения, столицы, районов, городов областного значения (статьи 134, 145, 156-1, 294 (части первая и вторая), 320 (части первая, вторая и третья), 381-1, 382 (части вторая и третья), 383 (части третья и четвертая), 401 (части шестая и седьмая), 402 (часть четвертая), 451 (часть семнадцатая), 453, 462, 463, 489-1, 490);

50-1) уполномоченного органа в сфере взаимодействия с неправительственными организациями (статья 489-1);

51) антимонопольного органа (статьи 159 (части первая, вторая, третья, 3-1 и четвертая), 160 (часть вторая);

52) государственного органа в сфере оказания медицинских услуг (помощи) (статьи 80 (части 2-2 и четвертая), 81 (часть вторая), 82 (часть вторая), 127-1, 424 (части третья и пятая), 424-1 (по нарушению порядка применения новых методов и средств профилактики, диагностики, лечения и медицинской реабилитации), 433 (часть вторая), 462, 463);

53) органа в сфере обращения лекарственных средств и медицинских изделий (статьи 424-1 (по нарушению порядка проведения клинических исследований), 426 (части вторая, третья и четвертая), 462 и 463);

54) исключен Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования);

55) уполномоченного государственного органа в сфере религиозной деятельности (статья 490 (части вторая, шестая и восьмая (когда эти нарушения совершены должностными лицами центральных государственных органов);

56) государственные судебные исполнители (статьи 665, 667, 669 (часть первая), 673);

57) судебные приставы и другие сотрудники судов, уполномоченные председателем суда или председательствующим в заседании суда (статьи 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 673);

58) уполномоченные акимами областей (городов республиканского значения, столицы) (статья 656);

59) уполномоченного органа в области почтовой связи (статьи 214, 462);

60) уполномоченного органа по делам государственной службы (статьи 99, 154, 173, 462 (части третья и четвертая), 465, 661, 681);

61) исправительных учреждений или следственных изоляторов (статья 481);

62) уполномоченного органа в области масс-медиа (статьи 134 (за исключением предметов эротического содержания), 156-1 (части первая и третья), 451 (части первая, вторая, третья, восьмая и девятая), 462, 463);

63) органов, осуществляющих государственный контроль за использованием и охраной земель (статья 462);

64) уполномоченного органа в сфере защиты прав потребителей и его территориальных органов (статьи 193 (часть третья), 462);

65) уполномоченного органа в области защиты прав детей Республики Казахстан (статьи 127, 127-1, 127-2, 135);

66) органы социальной защиты населения Республики Казахстан (статьи 127-1, 462);

67) орган, осуществляющий государственный контроль в области энергосбережения и повышения энергоэффективности (статьи 462, 463);

68) службы экономических расследований (статьи 658, 659, 660, 661, 662, 665, 667).

69) аппарата Конституционного Суда Республики Казахстан (статья 653 -1).

2. По делам об административных правонарушениях, рассматриваемым судами, протоколы об административных правонарушениях имеют также право составлять уполномоченные работники Национального Банка Республики Казахстан (статьи 214 (части первая, вторая, третья, четвертая, пятая, шестая, седьмая, восьмая, девятая, десятая, одиннадцатая и двенадцатая (в отношении юридических лиц, осуществляющих деятельность исключительно через обменные пункты на основании лицензии Национального Банка Республики Казахстан на обменные операции с наличной иностранной валютой, и юридических лиц, исключительной деятельностью которых является инкассация банкнот, монет и ценностей, платежных организаций), 462, 463).

2-1. По делам об административных правонарушениях, рассматриваемым судами, протоколы об административных правонарушениях имеют также право составлять уполномоченные работники уполномоченного органа по регулированию, контролю и надзору финансового рынка и финансовых организаций (статьи 214 (части первая, вторая, третья, четвертая, пятая, шестая, седьмая, восьмая, девятая, десятая, одиннадцатая и двенадцатая (в отношении Национального оператора почты, организаций, осуществляющих микрофинансовую деятельность, и финансовых организаций (за исключением юридических лиц, осуществляющих деятельность исключительно через обменные пункты на основании лицензии Национального Банка Республики Казахстан на обменные операции с наличной иностранной валютой, и юридических лиц, исключительной деятельностью которых является инкассация банкнот, монет и ценностей, платежных организаций), 245, 462, 463).

3. По делам об административных правонарушениях, рассмотрение которых отнесено к ведению органов, указанных в статьях 685 – 735-1 настоящего Кодекса, протоколы о правонарушениях имеют право составлять уполномоченные на то должностные лица этих органов. Кроме того, протоколы об административных правонарушениях имеют право составлять:

1) должностные лица уполномоченного органа в области транспорта и коммуникаций (статьи 230 (часть вторая) (когда эти нарушения совершены перевозчиками пассажиров), 581 (часть вторая), 582, 583 (часть третья), 586, 621 (часть четвертая), 622 (часть первая), 623, 625 (за совершение правонарушений на автомобильном транспорте и городском рельсовом транспорте);

2) должностные лица специализированных организаций уполномоченных органов в области лесного хозяйства, охраны, воспроизводства и использования животного мира и охраны, защиты, восстановления и использования растительного мира (статьи 138, 142, 143, 337 (частями первой и второй), 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 380-1, 381, 382, 383, 385 (часть первая), 394 (части первая и вторая), 395 (часть первая), 396 (часть первая);

3) егеря, директора охотничьих и рыбных хозяйств, ведающих вопросами охраны животного мира (статьи 382, 383 (части первая, вторая, третья и четвертая);

4) должностные лица Службы государственной охраны Республики Казахстан при проведении охранных мероприятий (статьи 297, 485, 504, 614, 675);

5) должностные лица органов военной полиции Вооруженных Сил Республики Казахстан в отношении военнослужащих и служащих Вооруженных Сил Республики Казахстан (статьи 437, 440 (части первая и вторая), 441, 444 (часть вторая), 484, 485).

Сноска. Статья 804 с изменениями, внесенными законами РК от 07.11.2014 № 248-V (вводится в действие с 01.01.2015); от 29.12.2014 № 269-V (вводится в действие с 01.01.2015); от 29.12.2014 № 272-V (порядок введения в действие см. ст.2); от 10.01.2015 № 275-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 24.04.2015 № 310-V (вводится в действие по истечении двадцати одного календарного дня после дня его первого официального опубликования); от 05.05.2015 № 312-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.08.2015 № 343-V (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 28.10.2015 № 366-V (вводится в действие по истечении трех месяцев после дня его первого официального опубликования); от 29.10.2015 № 376-V (вводится в действие с 01.01.2016); от 31.10.2015 № 378-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 12.11.2015 № 393-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 18.11.2015 № 411-V (вводится в действие с 01.01.2016); от 24.11.2015 № 419-V (вводится в действие с 01.01.2016); от 27.11.2015 № 424-V (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 02.12.2015 № 429-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.12.2015 № 432-V (вводится в действие с 01.01.2017); от 29.03.2016 № 479-V (вводится в действие по истечении двадцати одного календарного дня после дня его первого официального опубликования); от 06.04.2016 № 484-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 07.04.2016 № 487-V (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 09.04.2016 № 496-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 09.04.2016 № 501-V (вводится в действие с 01.01.2017); от 21.04.2016 № 504-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.04.2016 № 506-V (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 26.07.2016 № 12-VІ (вводится в действие по истечении двух месяцев после дня его первого официального опубликования); от 22.12.2016 № 28-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2016 № 34-VI (вводится в действие с 01.01.2017); от 30.12.2016 № 41-VІ (вводится в действие с 01.01.2021); от 10.05.2017 № 64-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.07.2017 № 84-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 25.12.2017 № 122-VI (порядок введения в действие см. ст. 11); от 26.12.2017 № 124-VI (вводится в действие с 01.01.2018); от 27.12.2017 № 126-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 128-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 10.01.2018 № 134-VI (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.07.2018 № 170-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 04.07.2018 № 173-VI (вводится в действие с 01.01.2022); от 05.10.2018 № 184-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 28.12.2018 № 210-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2018 № 211-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 01.04.2019 № 240-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.04.2019 № 241-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020); от 28.10.2019 № 268-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 26.12.2019 № 284-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 26.12.2019 № 289-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 27.12.2019 № 290-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 27.12.2019 № 292-VІ (порядок введения в действие см. ст. 2); от 27.12.2019 № 294-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 13.05.2020 № 325-VІ (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 25.06.2020 № 346-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 26.06.2020 № 349-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.07.2020 № 357-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.07.2020 № 359-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 05.01.2021 № 409-VI (вводится в действие с 01.01.2022); от 20.03.2021 № 21-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021); от 29.12.2021 № 92-VII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 01.07.2022 № 132-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 05.11.2022 № 158-VII (порядок введения в действие см. ст. 2); от 30.12.2022 № 180-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 03.01.2023 № 187-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 15.03.2023 № 208-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 10.07.2023 № 20-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 12.07.2023 № 24-VIII (вводится в действие c 01.01.2024); от 15.04.2024 № 73-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 05.07.2024 № 112-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 05.07.2024 № 114-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 08.07.2024 № 117-VIII (порядок введения в действие см. ст. 2).

Статья 805. Возбуждение производства по делу об административном правонарушении прокурором

1. Прокурор выносит постановление о возбуждении дел об административных правонарушениях, предусмотренных статьями 74, 75, 76, 77, 78, 81, 82, 82-1, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 129, 130, 173, 214, 361, 362, 363, 439, 451, 453, 455, 456, 456-1, 456-2 (части первая и вторая), 457, 465, 490, 498, 507, 508, 653, 660, 664-1, 666, 675, 680 настоящего Кодекса.

2. Прокурор вправе вынести постановление о возбуждении дела и об ином административном правонарушении.

3. Постановление прокурора о возбуждении производства по делу об административном правонарушении должно содержать сведения, предусмотренные статьей 803 настоящего Кодекса.

Сноска. Статья 805 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 19.05.2015 № 315-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 16.11.2015 № 404-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 25.06.2020 № 347-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 29.06.2020 № 351-VI (вводится в действие с 01.07.2021); от 02.07.2021 № 63-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 10.07.2023 № 20-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 806. Сроки составления протокола об административном правонарушении

1. Протокол об административном правонарушении составляется незамедлительно после обнаружения факта совершения административного правонарушения.

2. При выявлении административного правонарушения в ходе проверки, проводимой в порядке, установленном Предпринимательским кодексом Республики Казахстан, протокол об административном правонарушении составляется незамедлительно после завершения соответствующей проверки.

3. В случаях выявления административного правонарушения при осуществлении монополистической деятельности, недобросовестной конкуренции, а также антиконкурентных действий (бездействия) государственных, местных исполнительных органов, организаций, наделенных государством функциями регулирования деятельности субъектов рынка, запрещенных Предпринимательским кодексом Республики Казахстан, протокол составляется незамедлительно после принятия соответствующего решения по результатам расследования.

4. В случаях выявления административных правонарушений в области налогообложения либо использования бюджетных средств, в сфере технического регулирования и обеспечения единства измерений протокол составляется незамедлительно после завершения соответствующей проверки.

5. В случае неуплаты штрафа в порядке, определенном статьей 897 настоящего Кодекса, протокол составляется в течение суток по истечении срока, установленного указанной статьей настоящего Кодекса.

6. В случаях, когда требуется дополнительное выяснение обстоятельств административного правонарушения, личности физического лица или сведений о юридическом лице и личности представителя юридического лица, в отношении которых возбуждается дело, протокол об административном правонарушении составляется в течение трех суток со дня установления указанных обстоятельств, а по административным правонарушениям, предусмотренным статьями 210, 213 (части четвертая, восьмая и девятая), 217, 218, 220, 222, 227 (части первая, вторая, третья и пятая), 228 (части пятая и двенадцатая), 239 (части третья и четвертая), 243, 244, 251, 252, 464 (часть первая), 571, 572, 573, 575, 593 (часть первая) настоящего Кодекса, а также при передаче материалов по административному правонарушению в территориальные филиалы в течение десяти суток с момента обнаружения правонарушения или лица, его совершившего.

7. В случае, когда требуются проведение экспертизы, исследование специалистом, протокол об административном правонарушении составляется в течение двух суток с момента получения заключения экспертизы и (или) специалиста.

8. В случаях, когда по административным правонарушениям, предусмотренным статьями 139, 326 (частью третьей), 327-2 (частью второй), 328 (частью четвертой), 331 (частью четвертой), 337 (частью четвертой), 344 (частями первой и второй) настоящего Кодекса, требуется установление факта причинения экологического ущерба, размера суммы ущерба, причиненного в результате нарушения права государственной собственности на недра, или суммы экономической выгоды, полученной в результате нарушения требований экологического законодательства Республики Казахстан, протокол об административном правонарушении составляется в течение суток с момента установления факта причинения экологического ущерба, размера суммы ущерба, причиненного в результате нарушения права государственной собственности на недра, либо, соответственно, суммы экономической выгоды, полученной в результате нарушения требований экологического законодательства Республики Казахстан.

9. В случаях, когда требования, указанные в части шестой настоящей статьи, не могут быть исполнены по причине неустановления физического лица, протокол об административном правонарушении составляется по факту совершения административного правонарушения в сроки, установленные настоящей статьей.

Сноска. Статья 806 с изменениями, внесенными законами РК от 29.10.2015 № 376-V (вводится в действие с 01.01.2016); от 28.12.2016 № 34-VI (вводится в действие с 01.01.2017); от 06.05.2017 № 63-VI (вводится в действие по истечении двадцати одного календарного дня после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 02.07.2018 № 168-VІ (порядок введения в действие см. ст. 2); от 02.01.2021 № 403-VI (вводится в действие с 01.07.2021).

Статья 807. Случаи, когда протокол об административном правонарушении не составляется

1. Протокол об административном правонарушении не составляется:

1) в случаях совершения административного правонарушения, влекущего наложение административного взыскания в виде предупреждения, если лицо признало факт совершения правонарушения;

2) если административное правонарушение зафиксировано сертифицированными специальными контрольно-измерительными техническими средствами и приборами, работающими в автоматическом режиме, штраф оформляется в виде предписания о необходимости уплаты штрафа;

3) при совершении административных правонарушений, дела по которым рассматриваются органами государственных доходов, в случае, если лицо признало факт совершения административного правонарушения и согласно с наложением взыскания, а также уплатило штраф в соответствии со статьей 897 настоящего Кодекса;

4) при обращении физических лиц с заявлением о восстановлении нарушенных прав дела об административных правонарушениях, предусмотренных статьями 74, 75, 76, 78, 81, 82, 82-1, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 92-1,93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 128, 130, 132, 456-1 и 456-2 (частями первой и второй) настоящего Кодекса, рассматриваются судом без составления протокола о правонарушении;

5) если производство по делу об административном правонарушении возбуждено постановлением прокурора и при установлении судьей (судом) непосредственно в ходе рассмотрения судом факта проявления неуважения к суду в случаях, предусмотренных частью третьей статьи 684 настоящего Кодекса.

2. Взыскание в виде предупреждения оформляется уполномоченным на то должностным лицом на месте совершения административного правонарушения, за исключением правонарушения в области финансов и торговли.

Лицо, совершившее административное правонарушение, подтверждает свое согласие с наложенным взысканием посредством подписи на втором экземпляре постановления о вынесении предупреждения.

Сноска. Статья 807 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 19.05.2015 № 315-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 16.11.2015 № 404-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 16.11.2015 № 406-V (вводится в действие с 01.07.2017); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 10.07.2023 № 20-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 808. Направление протокола (постановления прокурора) для рассмотрения дела

Протокол, а в случае, предусмотренном частью девятой статьи 803 настоящего Кодекса, копия протокола (постановление прокурора) об административном правонарушении в течение трех суток с момента составления направляется для рассмотрения в суд, орган (должностному лицу), уполномоченный рассматривать дело об административном правонарушении.

В случае неустановления лица, совершившего административное правонарушение, протокол об административном правонарушении направляется в течение трех суток в суд, орган (должностному лицу), уполномоченный рассматривать дело об административном правонарушении после установления лица, совершившего административное правонарушение.

Протокол, а в случае, предусмотренном частью девятой статьи 803 настоящего Кодекса, копия протокола (постановление прокурора) об административном правонарушении, ответственность за совершение которого может повлечь применение административного ареста, административного выдворения иностранца или лица без гражданства за пределы Республики Казахстан, направляется судье немедленно после его составления.

В случае, предусмотренном частью третьей статьи 811 настоящего Кодекса, протокол (постановление прокурора) об административном правонарушении направляется в течение трех суток для рассмотрения в суд, орган (должностному лицу), уполномоченный рассматривать дело об административном правонарушении со дня истечения срока, указанного в части первой статьи 811 настоящего Кодекса.

Протокол (постановление прокурора) об административном правонарушении может быть направлен судье, органу (должностному лицу), уполномоченному рассматривать дело об административном правонарушении, в письменном виде либо в форме электронного документа, удостоверенного электронной цифровой подписью.

Сноска. Статья 808 в редакции Закона РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 809. Прекращение производства по делу об административном правонарушении до передачи дела на рассмотрение

При наличии хотя бы одного из обстоятельств, предусмотренных статьями 741 и 742 настоящего Кодекса, должностное лицо, в производстве которого находится дело, выносит постановление о прекращении производства по делу об административном правонарушении.

Глава 42. СОКРАЩЕННОЕ ПРОИЗВОДСТВО ПО ДЕЛУ ОБ АДМИНИСТРАТИВНОМ ПРАВОНАРУШЕНИИ

Статья 810. Основания сокращенного производства по делу об административном правонарушении

1. Сокращенное производство осуществляется по делам об административных правонарушениях, в том числе по делам, отнесенным к подведомственности суда, за которое предусмотрено административное взыскание в виде штрафа согласно абзацу первому части первой статьи 44, а также установлено совершившее его лицо, которое признает факт его совершения и согласно с уплатой штрафа в размере пятидесяти процентов от указанной в санкции статьи Особенной части настоящего Кодекса и не обжалует представленные доказательства.

2. Сокращенное производство по делу об административном правонарушении не применяется в случаях:

1) когда санкцией статьи предусмотрены иные виды взыскания, за исключением предупреждения;

2) исключен Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования);

3) совершения правонарушения лицами, обладающими привилегиями и иммунитетом;

4) совершения административных правонарушений, дела по которым рассматриваются органами государственных доходов;

5) исключен Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования);

6) совершения административных правонарушений, дела по которым рассматриваются Национальным Банком Республики Казахстан и уполномоченным органом по регулированию, контролю и надзору финансового рынка и финансовых организаций, а также в случае составления уполномоченными работниками Национального Банка Республики Казахстан и уполномоченного органа по регулированию, контролю и надзору финансового рынка и финансовых организаций протоколов об административных правонарушениях по статьям, указанным в частях второй и 2-1 статьи 804 настоящего Кодекса.

Сноска. Статья 810 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 21.01.2019 № 217-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 03.07.2019 № 262-VІ (вводится в действие с 01.01.2020).

Статья 811. Порядок сокращенного производства по делу об административном правонарушении

1. При обнаружении административного правонарушения и установлении совершившего его лица уполномоченное лицо, указанное в статьях 804 или 805 настоящего Кодекса, возбуждает административное производство, разъясняет лицу право оплаты штрафа в размере пятидесяти процентов от указанной в санкции статьи Особенной части настоящего Кодекса суммы штрафа в течение семи суток и при необходимости вручает квитанцию установленного образца.

Если административное правонарушение зафиксировано сертифицированными специальными контрольно-измерительными техническими средствами и приборами, работающими в автоматическом режиме, лицо имеет право оплаты штрафа в размере пятидесяти процентов от указанной суммы штрафа в течение семи суток с момента надлежащего доставления предписания о необходимости уплаты штрафа с квитанцией установленного образца.

Примечание ИЗПИ!
См. Нормативное постановление Конституционного Суда РК от 28.04.2023 № 12.

2. В случае оплаты штрафа в размере пятидесяти процентов от указанной суммы штрафа в течение семи суток дело считается рассмотренным по существу, решение – вступившим в законную силу, а лицо – привлеченным к административной ответственности.

Пересмотру не подлежат дела, рассмотренные по правилам настоящей главы, за исключением случаев, предусмотренных главой 47 настоящего Кодекса.

3. В случае неиспользования или ненадлежащего использования права, предусмотренного частью первой настоящей статьи, производство по делу об административном правонарушении осуществляется в общем порядке.

Сноска. Статья 811 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Глава 43. РАССМОТРЕНИЕ ДЕЛ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ УПОЛНОМОЧЕННЫМИ ОРГАНАМИ (ДОЛЖНОСТНЫМИ ЛИЦАМИ)

Сноска. Заголовок главы 43 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 812. Место рассмотрения дела об административном правонарушении

1. Дело об административном правонарушении рассматривается по месту его совершения, а в предусмотренных настоящим Кодексом случаях по месту нахождения уполномоченного органа (должностного лица), к подведомственности которого относится рассмотрение дела об административном правонарушении. По ходатайству лица, в отношении которого ведется производство по делу об административном правонарушении, дело может быть рассмотрено по месту жительства данного лица или по месту учета транспортных средств, судов, в том числе маломерных.

2. Дела об административных правонарушениях, предусмотренных статьями 333, 334, 571, 572, 590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 606, 607, 608, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624-1, 625, 626, 627, 628, 630, 631 и 632 настоящего Кодекса, могут рассматриваться также по месту учета транспортных средств, судов, в том числе маломерных, или по месту жительства лица, в отношении которого ведется производство по делу об административном правонарушении.

3. Дела об административных правонарушениях, предусмотренных статьями 378, 379, 382, 383, 440 и 481 настоящего Кодекса, рассматриваются по месту их совершения или по месту жительства лица, в отношении которого ведется производство по делу об административном правонарушении.

4. Дела об административных правонарушениях несовершеннолетних, их родителей или лиц, их заменяющих, рассматриваются по месту жительства лица, в отношении которого ведется производство по делу об административном правонарушении.

Сноска. Статья 812 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 27.12.2019 № 295-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 813. Подготовка к рассмотрению дела об административном правонарушении

Орган (должностное лицо) при подготовке к рассмотрению дела об административном правонарушении выясняет следующие вопросы:

1) относится ли к их компетенции рассмотрение данного дела;

2) имеются ли обстоятельства, исключающие возможность рассмотрения данного дела должностным лицом;

3) имеются ли ходатайства, в том числе по делам с участием несовершеннолетнего, о рассмотрении дела в суде по месту жительства несовершеннолетнего и отводы;

4) извещены ли о месте и времени рассмотрения дела лица, указанные в статьях 744, 745, 746, 747 и 748 настоящего Кодекса.

2. Исключен Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).
Сноска. Статья 813 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 814. Обстоятельства, исключающие возможность рассмотрения дела об административном правонарушении должностным лицом

Должностное лицо, на рассмотрение которого передано дело об административном правонарушении, не может рассматривать данное дело в случаях, если это лицо:

1) является родственником лица, привлекаемого к ответственности, или потерпевшего, их представителей, защитника;

2) лично, прямо или косвенно заинтересовано в разрешении дела.

Сноска. Статья 814 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 815. Самоотвод и отвод должностного лица

Сноска. Заголовок статьи 815 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. При наличии обстоятельств, предусмотренных статьей 814 настоящего Кодекса, должностное лицо обязано заявить о самоотводе.

2. При наличии обстоятельств, предусмотренных статьей 814 настоящего Кодекса, лицо, в отношении которого ведется производство по делу, потерпевший, законные представители физического лица и представители юридического лица, защитник, прокурор вправе заявить отвод должностному лицу.

3. Заявления о самоотводе, отводе подаются вышестоящему должностному лицу.

4. Заявления о самоотводе, отводе рассматриваются вышестоящим должностным лицом в течение суток со дня поступления.

5. По результатам рассмотрения заявлений о самоотводе, отводе выносится определение об удовлетворении заявлений либо об отказе в их удовлетворении.

Сноска. Статья 815 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 816. Решение органа (должностного лица), принимаемое при подготовке к рассмотрению дела об административном правонарушении

Сноска. Заголовок статьи 816 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Орган (должностное лицо) при подготовке к рассмотрению дела об административном правонарушении принимает следующее решение:

1) о назначении времени и места рассмотрения дела;

2) о вызове лиц, истребовании необходимых дополнительных материалов по делу, назначении экспертизы в случае необходимости;

3) об отложении рассмотрения дела;

4) о передаче протокола об административном правонарушении и других материалов дела на рассмотрение по подведомственности, если рассмотрение данного дела не относится к его компетенции либо вынесено определение об отводе судьи, должностного лица;

5) о передаче дела для рассмотрения по существу в соответствии со статьей 812 настоящего Кодекса.

2. Решения, предусмотренные частью первой настоящей статьи, выносятся в виде определения.

3. Исключен Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

4. Орган (должностное лицо), уполномоченный рассматривать дела об административных правонарушениях, установив, что в производстве имеются два и более дела, возбужденные в отношении одного и того же лица, вправе объединить эти дела в одно производство для совместного рассмотрения.

5. При подготовке к повторному рассмотрению дела об административном правонарушении в связи с неявкой без уважительных причин лица, привлекаемого к ответственности, его представителя, свидетеля в случаях, предусмотренных частью четвертой статьи 744, частью шестой статьи 746 и частью пятой статьи 754 настоящего Кодекса, орган (должностное лицо), рассматривающий дело, вправе вынести определение о приводе указанных лиц.

Сноска. Статья 816 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 817. Сроки рассмотрения дел об административных правонарушениях

1. Дела об административных правонарушениях рассматриваются в течение пятнадцати суток со дня получения органом (должностным лицом), правомочным рассматривать дело, протокола об административном правонарушении и других материалов дела.

В случае, если административное правонарушение зафиксировано сертифицированными специальными контрольно-измерительными техническими средствами и приборами, работающими в автоматическом режиме, дело считается рассмотренным по истечении пятнадцати суток с момента надлежащего доставления предписания о необходимости уплаты штрафа, за исключением дел, рассмотренных по существу в порядке сокращенного производства.

2. В случае поступления ходатайств от участников производства по делу об административном правонарушении либо при необходимости дополнительного выяснения обстоятельств дела срок рассмотрения дела может быть продлен органом (должностным лицом), рассматривающим дело, но не более чем на один месяц. О продлении срока выносится мотивированное определение.

3. В отношении лица, подвергнутого административному задержанию, дело об административном правонарушении рассматривается не позднее двадцати четырех часов с момента его задержания.

4. Если лицом, в отношении которого возбуждено дело об административном правонарушении, обжалуются результаты проверки и иные обстоятельства, на основании которых должностным лицом возбуждено дело об административном правонарушении, срок рассмотрения дела об административном правонарушении продлевается органом (должностным лицом), рассматривающим дело об административном правонарушении, до вынесения и вступления в законную силу соответствующего решения суда или истечения срока на обжалование решения органа (должностного лица), рассматривающего жалобу лица, в отношении которого возбуждено дело об административном правонарушении.

Сноска. Статья 817 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 818. Порядок рассмотрения дел об административных правонарушениях

1. Орган (должностное лицо), приступив к рассмотрению дела об административном правонарушении:

1) объявляет, кто рассматривает дело, какое дело подлежит рассмотрению, кто и на основании какой статьи настоящего Кодекса привлекается к ответственности;

2) удостоверяется в явке физического лица или представителя юридического лица, привлекаемого к административной ответственности, а также иных лиц, участвующих в рассмотрении дела;

3) устанавливает личность участников производства по делу и проверяет полномочия законных представителей физического лица или представителей юридического лица, защитника;

4) выясняет причины неявки участников производства по делу и принимает решение о рассмотрении дела в отсутствие указанных лиц либо об отложении рассмотрения дела;

5) в необходимых случаях выносит определение о приводе лица, участие которого является обязательным при рассмотрении дела, назначает переводчика;

6) разъясняет лицам, участвующим в рассмотрении дела, их права и обязанности, предусмотренные настоящим Кодексом, в том числе право на получение бесплатной юридической помощи за счет средств государственного бюджета;

7) определяет язык производства, разъясняет право делать заявления, давать объяснения и показания, заявлять ходатайства, приносить жалобы, знакомиться с материалами дела, выступать при его рассмотрении на родном языке или другом языке, которым владеет лицо, в отношении которого ведется производство, бесплатно пользоваться услугами переводчика;

8) разрешает заявленные отводы и ходатайства;

9) оглашает протокол об административном правонарушении, а при необходимости – и иные материалы дела;

10) заслушивает объяснения лица, в отношении которого ведется производство по делу, показания других лиц, участвующих в производстве, пояснения специалиста и заключение эксперта, исследует иные доказательства, а в случае участия прокурора в рассмотрении дела заслушивает его заключение;

11) выносит определение об отложении рассмотрения дела в связи: с заявлением о самоотводе или отводе должностного лица, рассматривающего дело, в случае, если его отвод препятствует рассмотрению дела по существу; с отводом защитника, уполномоченного представителя, эксперта или переводчика, если указанный отвод препятствует рассмотрению дела по существу; с необходимостью явки лиц, участвующих в рассмотрении дела, или истребования дополнительных материалов по делу, а также в случаях, предусмотренных частью второй статьи 51 настоящего Кодекса. В случае необходимости орган (должностное лицо) выносит определение о назначении экспертизы;

12) выносит определение о передаче дела для рассмотрения по существу в случаях, предусмотренных статьей 816 настоящего Кодекса.

2. Исключен Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

3. В случае участия в рассмотрении дела должностного лица, возбудившего дело об административном правонарушении, или представителя государственного органа, чьи представители имеют право возбуждать дела об административных правонарушениях, они первыми представляют объяснения по существу правонарушения и доказательства виновности лица в его совершении.

4. В необходимых случаях осуществляются другие процессуальные действия, предусмотренные настоящим Кодексом.

Сноска. Статья 818 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 819. Обстоятельства, подлежащие выяснению при рассмотрении дела об административном правонарушении

1. Орган (должностное лицо) при рассмотрении дела об административном правонарушении обязан выяснить, было ли совершено административное правонарушение, виновно ли данное лицо в его совершении, подлежит ли оно административной ответственности, имеются ли обстоятельства, смягчающие и отягчающие ответственность, причинен ли имущественный ущерб, обстоятельства, предусмотренные статьями 741 и 742 настоящего Кодекса, правильно ли составлены протокол об административном правонарушении и другие протоколы, предусмотренные настоящим Кодексом, правильно ли оформлены иные материалы дела, имеются ли обстоятельства, исключающие производство по делу, а также обстоятельства, позволяющие не привлекать лицо к административной ответственности, а также выяснить другие обстоятельства, имеющие значение для правильного разрешения дела.

2. Орган (должностное лицо) с учетом установления обстоятельств, указанных в части первой настоящей статьи, вправе сократить размер административного штрафа, наложенного на лицо, в отношении которого возбуждено дело об административном правонарушении, и исчисляемого согласно абзацу первому части первой статьи 44 настоящего Кодекса, но не более чем на тридцать процентов от общей суммы штрафа.

Сноска. Статья 819 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 820. Протокол судебного заседания

Сноска. Статья 820 исключена Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 820-1. Фиксирование судебного заседания средствами аудио-, видеозаписи

Сноска. Глава 43 дополнена статьей 820-1 в соответствии с Законом РК от 31.10.2015 № 378-V (вводится в действие с 01.01.2016); исключена Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 821. Виды решений по результатам рассмотрения дела об административном правонарушении

1. Рассмотрев дело об административном правонарушении, орган (должностное лицо) выносит одно из следующих постановлений о:

1) наложении административного взыскания;

2) прекращении производства по делу.

1-1. В случае, если административное правонарушение зафиксировано сертифицированными специальными контрольно-измерительными техническими средствами и приборами, работающими в автоматическом режиме, решение по делу об административном правонарушении оформляется в виде предписания о необходимости уплаты штрафа, которое считается рассмотренным в соответствии со статьей 817 настоящего Кодекса, за исключением дел, рассмотренных по существу в порядке сокращенного производства.

2. Признав в результате рассмотрения дела неправильной юридическую оценку содеянного, орган (должностное лицо) обязан изменить квалификацию правонарушения на статью или часть статьи закона, предусматривающие менее строгое административное взыскание.

3. При направлении водителя транспортного средства на сдачу экзамена для проверки знания правил дорожного движения выносится постановление о направлении на проверку знания правил дорожного движения, копия которого выдается лицу, направленному на сдачу экзамена.

3-1. При направлении владельца и (или) пользователя гражданского и служебного оружия на сдачу экзамена для проверки знаний правил безопасного обращения с гражданским и служебным оружием выносится постановление о направлении на проверку знаний правил безопасного обращения с гражданским и служебным оружием, копия которого выдается лицу, направленному на сдачу экзамена.

4. Исключен Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

5. Постановление о прекращении производства по делу выносится в случаях:

1) наличия обстоятельств, исключающих производство по делу, предусмотренных статьей 741 настоящего Кодекса;

2) наличия обстоятельств, позволяющих не привлекать к административной ответственности, предусмотренных статьей 742 настоящего Кодекса;

3) передачи материалов дела соответствующим органам для решения вопроса о привлечении лица к дисциплинарной ответственности в соответствии со статьей 32 настоящего Кодекса.

Сноска. Статья 821 с изменениями, внесенными законами РК от 22.12.2016 № 28-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 18.03.2019 № 237-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 822. Постановление по делу об административном правонарушении

1. В постановлении по делу об административном правонарушении должны быть указаны:

1) должность, фамилия, инициалы должностного лица, вынесшего постановление;

2) дата и место рассмотрения дела;

3) сведения о лице, в отношении которого рассмотрено дело: для физических лиц – фамилия, имя, отчество (при его наличии), дата рождения, место жительства, наименование и реквизиты документа, удостоверяющего личность, идентификационный номер, сведения о регистрации по месту жительства, место работы; для юридических лиц – наименование, организационно-правовая форма, место нахождения, номер и дата государственной регистрации в качестве юридического лица, идентификационный номер и банковские реквизиты;

4) язык производства по рассматриваемому делу;

5) статья настоящего Кодекса, предусматривающая ответственность за административное правонарушение;

6) обстоятельства, установленные при рассмотрении дела;

7) решение по делу;

8) порядок и сроки обжалования постановления;

9) сроки добровольной уплаты штрафа или исполнения иного вида административного взыскания.

2. Постановление по делу об административном правонарушении должно быть законным и обоснованным.

3. В постановлении по делу об административном правонарушении должны быть решены и указаны вопросы об изъятых вещах и документах, находившихся при физическом лице, об изъятых документах и имуществе, принадлежащих юридическому лицу, при этом:

1) предметы, явившиеся орудиями либо предметами совершения административного правонарушения и принадлежащие физическому или юридическому лицу, привлеченному к административной ответственности, в случаях, предусмотренных санкциями норм Особенной части раздела 2 настоящего Кодекса, конфискуются либо передаются в соответствующие учреждения или уничтожаются; в остальных случаях возвращаются по принадлежности;

2) вещи, запрещенные к обращению, передаются в соответствующие учреждения или уничтожаются;

3) вещи, не представляющие ценности и не могущие быть использованными, подлежат уничтожению, а в случаях ходатайства заинтересованных лиц могут быть выданы им;

4) документы, являющиеся вещественными доказательствами, остаются в деле в течение всего срока его хранения либо передаются заинтересованным лицам.

4. Постановление, вынесенное по результатам рассмотрения дела об административном правонарушении, оформляется письменно и подписывается должностным лицом, вынесшим такое постановление, либо оформляется в форме электронного документа, удостоверенного посредством электронной цифровой подписи должностного лица, вынесшего такое постановление.

Сноска. Статья 822 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 822-1. Предписание о необходимости уплаты штрафа и порядок его направления

1. В предписании о необходимости уплаты штрафа должны быть указаны:

1) наименование, место нахождения органа, оформившего предписание о необходимости уплаты штрафа;

2) сведения о собственнике (владельце) транспортного средства, в отношении которого оформлено предписание о необходимости уплаты штрафа: для физических лиц – фамилия, имя, отчество (при его наличии), дата рождения, место регистрации и другие необходимые персональные данные; для юридических лиц – наименование, организационно-правовая форма, место нахождения;

3) сведения о транспортном средстве: марка, модель, государственный регистрационный номерной знак;

4) дата, время, место, существо административного правонарушения, статья настоящего Кодекса, предусматривающая ответственность за административное правонарушение;

5) показания сертифицированного специального контрольно-измерительного технического средства и прибора, работающего в автоматическом режиме;

6) название, номер, дата метрологической поверки сертифицированного специального контрольно-измерительного технического средства и прибора, работающего в автоматическом режиме;

7) сумма штрафа;

8) сроки добровольной уплаты штрафа или в порядке сокращенного производства;

9) порядок и сроки обжалования предписания;

10) электронная цифровая подпись.

2. Наряду с письменной формой может быть использована электронная форма предписания о необходимости уплаты штрафа.

3. Предписание о необходимости уплаты штрафа с квитанцией установленного образца направляется собственнику (владельцу) транспортного средства в течение десяти суток со дня фиксации административного правонарушения.

Примечание ИЗПИ!
Часть третью предусмотрено дополнить абзацем вторым в соответствии с Законом РК от 03.10.2024 № 131-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).
Сноска. Глава 43 дополнена статьей 822-1 в соответствии с Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 823. Объявление постановления по делу об административном правонарушении и вручение копии постановления

1. Постановление по делу об административном правонарушении объявляется незамедлительно по окончании рассмотрения дела.

2. Постановление, вынесенное по результатам рассмотрения дела об административном правонарушении, лицам, указанным в статьях 744, 745, 746, 747 и 748, вручается и (или) высылается в течение трех суток со дня его объявления.

3. Исключен Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).
Сноска. Статья 823 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 11.07.2017 № 91-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 824. Определение по делу об административном правонарушении

В определении по делу об административном правонарушении должны быть указаны сведения, предусмотренные частью первой статьи 822 настоящего Кодекса, за исключением сроков добровольной уплаты штрафа или исполнения иного вида административного взыскания.

Сноска. Статья 824 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 825. Исправление описок, опечаток и арифметических ошибок

1. Орган (должностное лицо), вынесший постановление по делу об административном правонарушении, по заявлению участников производства по делу, судебного исполнителя, органа (должностного лица), исполняющих постановление по делу об административном правонарушении, или по своей инициативе вправе исправить допущенные в постановлении описки, опечатки и арифметические ошибки без изменения содержания постановления.

2. Исправление описок, опечаток и арифметических ошибок в постановлении, принятом по результатам рассмотрения жалобы, апелляционного ходатайства, протеста прокурора на постановление по делу об административном правонарушении, производится в порядке, установленном настоящей статьей.

3. Рассмотрение заявления об исправлениях описок, опечаток и арифметических ошибок производится в течение трех суток со дня поступления заявления.

4. Исправление описки, опечатки или арифметической ошибки производится в виде определения.

5. Копия определения в течение трех суток со дня его вынесения направляется участникам производства по делу, судебному исполнителю, органу (должностному лицу), исполняющим постановления, а также органу (должностному лицу), составившему протокол об административном правонарушении.

Сноска. Статья 825 с изменениями, внесенными законами РК от 11.07.2017 № 91-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 826. Частное представление

1. При выявлении случаев нарушения законности, а также установлении причин и условий, способствующих совершению административных правонарушений, орган (должностное лицо) вносит в соответствующую организацию и должностным лицам представление о принятии мер по их устранению.

Представление органа (должностного лица) может быть обжаловано в течение десяти суток со дня его получения в вышестоящий орган (должностному лицу). Решение вышестоящего органа, вынесенное по результатам рассмотрения жалобы на представление, может быть обжаловано в специализированный районный и приравненный к нему суд по административным правонарушениям в течение десяти суток со дня его получения, решение которого обжалованию не подлежит. Решение органа (должностного лица) выносится в виде определения.

2. Руководители организаций и другие должностные лица обязаны рассмотреть частное представление в течение месяца со дня его получения и сообщить о принятых мерах органу (должностному лицу), внесшему представление.

Сноска. Статья 826 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 29.06.2020 № 351-VI (вводится в действие с 01.07.2021).

Глава 43-1. ПОРЯДОК ОБЖАЛОВАНИЯ, ОПРОТЕСТОВАНИЯ НЕ ВСТУПИВШИХ В ЗАКОННУЮ СИЛУ ПОСТАНОВЛЕНИЙ ПО ДЕЛАМ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ В ВЫШЕСТОЯЩИЙ ОРГАН (ДОЛЖНОСТНОМУ ЛИЦУ), ПРЕДПИСАНИЙ О НЕОБХОДИМОСТИ УПЛАТЫ ШТРАФА

Сноска. Кодекс дополнен главой 43-1 в соответствии с Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 826-1. Право на обжалование постановления по делу об административном правонарушении, предписания о необходимости уплаты штрафа

Лица, указанные в статьях 744, 745, 746, 747, 748 и 753 настоящего Кодекса, могут обжаловать, а прокуроры опротестовать постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа в вышестоящий орган (должностному лицу).

Статья 826-2. Порядок и сроки обжалования, опротестования постановления по делу об административном правонарушении, предписания о необходимости уплаты штрафа

1. Жалоба, протест на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа направляются в орган (должностному лицу), вынесший (вынесшему) постановление по делу, оформивший (оформившему) предписание, который обязан в течение трех суток со дня поступления жалобы, протеста направить их со всеми материалами дела в соответствующий вышестоящий орган (должностному лицу).

Жалоба, протест могут быть поданы непосредственно в вышестоящий орган (должностному лицу), уполномоченный их рассматривать.

2. Жалоба, протест на постановление по делу об административном правонарушении подаются в течение десяти суток со дня вручения копии постановления, а в случае, если лица, указанные в статьях 744, 745, 746, 747, 748 и 753 настоящего Кодекса, не участвовали в рассмотрении дела, – со дня получения постановления.

Жалоба, протест на предписание о необходимости уплаты штрафа могут быть поданы в течение десяти суток после истечения срока, предусмотренного статьей 817 настоящего Кодекса.

3. Жалоба, протест на постановление по делу об административном правонарушении, вынесенные в связи с неисполнением или исполнением ненадлежащим образом налогового обязательства, установленного Налоговым кодексом Республики Казахстан, или обязанностей, предусмотренных законодательством Республики Казахстан в области пенсионного обеспечения и обязательного социального страхования, выявленных по результатам налоговой проверки, могут быть поданы в течение тридцати суток со дня вручения или получения копии постановления.

4. Подача жалобы, протеста в срок, установленный настоящей статьей, приостанавливает исполнение постановления о наложении административного взыскания, предписания о необходимости уплаты штрафа до вынесения решения по жалобе, протесту.

5. Подаваемая жалоба в вышестоящий орган (должностному лицу) должна содержать сведения и соответствовать требованиям, предусмотренным статьей 833 настоящего Кодекса.

В случае, если принесенная жалоба не соответствует требованиям, предусмотренным частями первой и второй статьи 833 настоящего Кодекса, она считается поданной, но возвращается с указанием срока для дооформления. Если в течение указанного срока жалоба после пересоставления не представлена органу (должностному лицу), она считается неподанной.

Сноска. Статья 826-2 с изменением, внесенным Законом РК от 20.04.2023 № 227-VII (вводится в действие с 01.07.2023).

Статья 826-3. Рассмотрение жалобы, протеста на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа

1. Жалоба, протест на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа подлежат рассмотрению в течение десяти суток со дня их поступления.

2. Вышестоящий орган (должностное лицо), приступив к рассмотрению жалобы, протеста на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа:

1) объявляет, кто рассматривает жалобу, протест, какие жалоба, протест подлежат к рассмотрению; кем поданы жалоба, протест; выясняет относится ли рассмотрение жалобы, протеста к его компетенции; если рассмотрение жалобы, протеста не относится к его компетенции, направляет их со всеми материалами дела по подведомственности;

2) удостоверяется в явке лица, в отношении которого вынесено постановление по делу, оформлено предписание, или его представителя, а также вызванных для участия в рассмотрении жалобы, протеста лиц;

3) проверяет полномочия участников производства и его законных представителей;

4) выясняет причины неявки участников производства по делу и принимает решение о рассмотрении жалобы, протеста в их отсутствие либо об отложении рассмотрения жалобы, протеста;

5) разъясняет лицам, участвующим в рассмотрении жалобы, протеста, их права и обязанности;

6) оглашает жалобу, протест на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа, а при необходимости и иные материалы дела;

7) разрешает заявленные отводы и ходатайства, устанавливает иные обстоятельства, необходимые для полного, всестороннего и объективного рассмотрения жалобы, протеста.

3. При рассмотрении жалобы, протеста на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа проверяется законность и обоснованность вынесенного постановления, предписания по имеющимся в деле и дополнительно представленным материалам. Вышестоящий орган (должностное лицо) вправе устанавливать новые факты и исследовать новые доказательства.

Орган (должностное лицо) при рассмотрении дела об административном правонарушении обязан выяснить, было ли совершено административное правонарушение, виновно ли данное лицо в его совершении, подлежит ли оно административной ответственности, имеются ли обстоятельства, смягчающие и отягчающие ответственность, причинен ли имущественный ущерб, обстоятельства, предусмотренные статьями 741 и 742 настоящего Кодекса, а также выяснить другие обстоятельства, имеющие значение для правильного разрешения дела.

4. Вышестоящий орган (должностное лицо) вправе отложить рассмотрение жалобы, протеста в связи с истребованием дополнительных материалов по делу, назначением экспертизы и в других случаях, когда это необходимо для полного, всестороннего и объективного рассмотрения жалобы, протеста.

5. В случае поступления ходатайств от участников производства по делу об административном правонарушении либо необходимости дополнительного выяснения обстоятельств дела срок рассмотрения жалобы, протеста может быть продлен вышестоящим органом (должностным лицом), рассматривающим дело, но не более чем на десять суток. Орган (должностное лицо) обязан приостановить срок рассмотрения жалобы, протеста при невозможности их рассмотрения до разрешения другого дела, рассматриваемого в гражданском, уголовном, административном судопроизводстве или производстве по делам об административных правонарушениях, а также в случае обжалования результатов налоговой и (или) таможенной проверок, на основании которых возбуждено дело об административном правонарушении, в вышестоящий орган либо при направлении запроса в государственный орган по вопросам, имеющим значение для дела. Решение о приостановлении либо продлении срока выносится в виде определения.

6. Если жалоба, протест на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа поступили одновременно в суд и вышестоящий орган (должностному лицу), то жалоба, протест, поданные в вышестоящий орган, подлежат направлению в суд.

Сноска. Статья 826-3 с изменением, внесенным Законом РК от 29.06.2020 № 351-VI (вводится в действие с 01.07.2021).

Статья 826-4. Решение по жалобе, протесту на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа и его оглашение

1. Рассмотрев жалобу, протест на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа, вышестоящий орган (должностное лицо) принимает одно из следующих решений об:

1) оставлении постановления, предписания без изменения, а жалобу, протест без удовлетворения;

2) изменении постановления;

3) отмене постановления, предписания и прекращении дела;

4) отмене постановления, предписания и вынесении нового постановления по делу.

2. Решение по жалобе, протесту на постановление по делу, предписание оглашается незамедлительно после его принятия и выносится в виде постановления по жалобе, протесту, оформленного в соответствии со статьей 822 настоящего Кодекса письменно либо в форме электронного документа.

3. Постановление по жалобе, протесту на постановление по делу, предписание в срок до трех суток после его вынесения вручается или высылается лицу, в отношении которого вынесено постановление по делу, оформлено предписание, или его представителю, потерпевшему в случае подачи им жалобы, а также прокурору, принесшему протест.

4. Постановление вышестоящего органа (должностного лица) по жалобе, протесту на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа может быть обжаловано, опротестовано в течение десяти суток со дня вручения или получения постановления в суд в порядке, предусмотренном главой 44-1 настоящего Кодекса.

Статья 826-5. Отмена или изменение постановления по делу об административном правонарушении либо отмена предписания о необходимости уплаты штрафа

Решение об отмене постановления, предписания и прекращении дела принимается при наличии обстоятельств, предусмотренных статьями 741 и 742 настоящего Кодекса, а также при недоказанности обстоятельств, на основании которых было вынесено постановление, оформлено предписание.

Отмена или изменение постановления по делу об административном правонарушении либо отмена предписания о необходимости уплаты штрафа также осуществляется по основаниям, указанным в статьях 841, 842, 843, 844 и 845 настоящего Кодекса.

Глава 44. ОБЖАЛОВАНИЕ ДЕЙСТВИЙ (БЕЗДЕЙСТВИЯ) И РЕШЕНИЙ ОРГАНА
(ДОЛЖНОСТНОГО ЛИЦА), ОСУЩЕСТВЛЯЮЩЕГО ПРОИЗВОДСТВО
ПО ДЕЛУ ОБ АДМИНИСТРАТИВНОМ ПРАВОНАРУШЕНИИ

Сноска. Заголовок главы 44 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 827. Порядок подачи жалобы

1. Лицо, чьи права и свободы непосредственно затрагиваются действием (бездействием) и (или) решением органа (должностного лица), осуществляющего производство по делу об административном правонарушении, вправе обратиться с жалобой в вышестоящий орган (должностному лицу) и (или) в суд на нарушение закона по составлению протокола об административном правонарушении, применению мер обеспечения производства по делу, назначению и порядку производства экспертизы, на иные действия (бездействие) и принятие решений, за исключением принимаемых решений по результатам рассмотрения дела об административном правонарушении и по жалобе (протесту) на постановление по делу об административном правонарушении. Предварительное обращение в вышестоящий орган (должностному лицу) не является обязательным условием для предъявления жалобы в суд и ее принятия судом к рассмотрению и разрешению по существу.

2. Жалобы подаются в орган (должностному лицу), суд, чьи действия (бездействие) и решения обжалуются, который обязан в течение трех суток со дня поступления жалобы направить их в вышестоящий орган (должностному лицу), соответствующий суд.

Жалобы могут быть поданы непосредственно в вышестоящий орган (должностному лицу), суд, уполномоченный их рассматривать.

3. Жалобы могут быть устные и письменные. Устные жалобы заносятся в протокол, который подписывают заявитель и должностное лицо, принявшее жалобу. Устные жалобы, излагаемые лицами на приеме у соответствующих должностных лиц, разрешаются на общих основаниях с жалобами, представленными в письменном виде. К жалобе могут быть приложены дополнительные материалы.

4. Лицу, не владеющему языком, на котором ведется производство по делу, обеспечивается право подачи жалобы на родном языке или языке, которым оно владеет.

5. Лицо, подавшее жалобу, вправе ее отозвать. Лицо, в отношении которого возбуждено дело, потерпевший вправе отозвать жалобу своего защитника, представителя, кроме законного представителя. Жалоба, поданная в интересах лица, в отношении которого возбуждено дело, может быть отозвана лишь с их письменного согласия. Отзыв жалобы не препятствует ее повторной подаче.

6. Подача жалобы не приостанавливает производство обжалуемого действия и исполнение обжалуемого решения.

7. В случае подачи письменного заявления об отзыве жалобы на действие (бездействие) должностного лица, осуществляющего производство по административному делу, судьей выносится определение о возвращении жалобы.

Сноска. Статья 827 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 29.06.2020 № 351-VI (вводится в действие с 01.07.2021).

Статья 828. Срок подачи жалобы

1. Лицо вправе обратиться в вышестоящий орган (должностному лицу) и (или) в суд с жалобой в течение двух месяцев со дня, когда ему стало известно о нарушении его прав, свобод и законных интересов.

2. Пропуск срока подачи жалобы не является основанием отказа в принятии жалобы. Причины пропуска срока выясняются при рассмотрении жалобы по существу и могут являться одним из оснований отказа в удовлетворении жалобы.

Статья 829. Порядок рассмотрения жалобы

1. Рассматривая жалобу, судья или орган (должностное лицо) обязан всесторонне проверить изложенные в ней доводы, при необходимости истребовать дополнительные материалы, получить от соответствующих должностных лиц, физических и юридических лиц пояснения относительно обжалуемых действий (бездействия) и решений.

2. Жалоба подлежит рассмотрению в течение десяти суток со дня поступления. Срок рассмотрения жалобы может быть продлен при необходимости до десяти суток. Неявка надлежащим образом уведомленного (извещенного) лица не является препятствием к рассмотрению жалобы.

Постановление об отказе в удовлетворении жалобы подлежит обжалованию в течение десяти суток с момента получения копии постановления органа (должностного лица) в специализированном районном и приравненном к нему суде по административным правонарушениям, решение которого может быть обжаловано в вышестоящий суд, а постановление суда – в вышестоящий суд, решения которых обжалованию, опротестованию не подлежат.

На постановление об удовлетворении жалобы может быть подано апелляционное ходатайство прокурора в специализированный районный и приравненный к нему суд по административным правонарушениям, на решение которого может быть подано апелляционное ходатайство прокурора в вышестоящий суд, а на постановление суда – в вышестоящий суд.

3. Постановление незамедлительно вручается физическому лицу или представителю юридического лица, а в случае отсутствия этих лиц высылается им в течение трех суток со дня вынесения постановления.

4. Орган (должностное лицо) или судья, рассматривающие жалобу, обязаны в пределах своих полномочий немедленно принять меры к восстановлению нарушенных прав и законных интересов участников производства по делу об административном правонарушении, а также иных лиц.

Сноска. Статья 829 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 29.06.2020 № 351-VI (вводится в действие с 01.07.2021).

Глава 44-1. РАССМОТРЕНИЕ ДЕЛ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ СУДАМИ, ОБЖАЛОВАНИЕ, ОПРОТЕСТОВАНИЕ В СУДЕ ПОСТАНОВЛЕНИЙ ПО ДЕЛАМ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ, ПРЕДПИСАНИЙ О НЕОБХОДИМОСТИ УПЛАТЫ ШТРАФА, ПОСТАНОВЛЕНИЙ ВЫШЕСТОЯЩЕГО ОРГАНА (ДОЛЖНОСТНОГО ЛИЦА) ПО ЖАЛОБЕ, ПРОТЕСТУ

Сноска. Кодекс дополнен главой 44-1 в соответствии с Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 829-1. Место рассмотрения дела об административном правонарушении судом

1. Дело об административном правонарушении рассматривается по месту его совершения. По ходатайству лица, в отношении которого ведется производство по делу об административном правонарушении, дело может быть рассмотрено по месту жительства данного лица.

2. Дела об административных правонарушениях, предусмотренных статьями 333, 334, 571, 572, 590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 606, 607, 608, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624-1, 625, 626, 627, 628, 630, 631 и 632 настоящего Кодекса, могут рассматриваться также по месту учета транспортных средств, судов, в том числе маломерных, или по месту жительства лица, в отношении которого ведется производство по делу об административном правонарушении.

3. Дела об административных правонарушениях, предусмотренных статьями 378, 379, 382, 383, 440 и 481 настоящего Кодекса, рассматриваются по месту их совершения или по месту жительства лица, в отношении которого ведется производство по делу об административном правонарушении.

Сноска. Статья 829-1 с изменениями, внесенными законами РК от 24.05.2018 № 156-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 27.12.2019 № 295-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 829-2. Право на обжалование, опротестование постановления по делу об административном правонарушении, предписания о необходимости уплаты штрафа, постановления вышестоящего органа (должностного лица) по жалобе, протесту

1. Лица, указанные в статьях 744, 745, 746, 747, 748 и 753 настоящего Кодекса могут обжаловать, а прокурор опротестовать постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа, постановление вышестоящего органа (должностного лица) по жалобе, протесту.

2. На постановление суда о наложении административного взыскания могут быть поданы жалоба, апелляционное ходатайство прокурора в вышестоящий суд.

3. Постановление по делу о факте проявления неуважения к суду, вынесенное судьей (судом) в порядке, предусмотренном частью четвертой статьи 829-10 настоящего Кодекса, может быть обжаловано, опротестовано в суд вышестоящей инстанции.

4. На вынесенное органом (должностным лицом) постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа могут быть поданы жалоба, апелляционное ходатайство прокурора в специализированный районный и приравненный к нему суд по административным правонарушениям и суд по делам несовершеннолетних по месту нахождения органа (должностного лица).

5. Предварительное обращение лиц, указанных в статьях 744, 745, 746, 747 и 748 настоящего Кодекса, в вышестоящий орган (должностному лицу) не является обязательным условием для предъявления жалобы в суд и его принятия судом к рассмотрению и разрешению по существу.

Сноска. Статья 829-2 с изменениями, внесенными Законом РК от 29.06.2020 № 351-VI (вводится в действие с 01.07.2021).

Статья 829-3. Порядок обжалования, опротестования постановления по делу об административном правонарушении, предписания о необходимости уплаты штрафа, постановления вышестоящего органа (должностного лица) по жалобе, протесту

1. Жалоба, протест на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа, постановление вышестоящего органа (должностного лица) по жалобе, протесту направляются в орган (должностному лицу), вынесший (вынесшему) постановление по делу, оформивший (оформившему) предписание, который обязан в течение трех суток со дня поступления жалобы, протеста направить их со всеми материалами дела в соответствующий суд.

2. В случаях обжалования, опротестования постановления по делу о факте проявления неуважения к суду в соответствии с частью второй статьи 830 настоящего Кодекса суд прилагает к постановлению выписку из протокола судебного заседания в части установления факта.

3. Жалоба подается, протест вносится непосредственно в суд, уполномоченный их рассматривать по месту жительства или нахождения лица.

4. Жалоба, протест на постановление судьи о наложении взыскания в виде административного ареста подлежат направлению в вышестоящий суд в день получения жалобы, протеста.

5. Если рассмотрение жалобы, протеста не относится к компетенции суда, которому обжаловано, опротестовано постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа, постановление вышестоящего органа (должностного лица) по жалобе, протесту, жалоба, протест направляются по подведомственности.

6. Подаваемая жалоба в суд должна содержать сведения и соответствовать требованиям, предусмотренным статьей 833 настоящего Кодекса.

Статья 829-4. Сроки обжалования, опротестования постановления по делу об административном правонарушении, предписания о необходимости уплаты штрафа, постановления вышестоящего органа (должностного лица) по жалобе, протесту

1. Жалоба, протест на постановление по делу об административном правонарушении, постановление вышестоящего органа (должностного лица) по жалобе, протесту подаются в течение десяти суток со дня вручения копии постановления, а в случае, если лица, указанные в статьях 744, 745, 746, 747, 748 и 753 настоящего Кодекса, не участвовали в рассмотрении дела, – со дня получения постановления.

Жалоба, протест на предписание о необходимости уплаты штрафа могут быть поданы в течение десяти суток после истечения срока, предусмотренного статьей 817 настоящего Кодекса.

2. Жалоба, протест на постановление по делу об административном правонарушении, вынесенное в связи с неисполнением или исполнением ненадлежащим образом налогового обязательства, установленного Налоговым кодексом Республики Казахстан, или обязанностей, предусмотренных законодательством Республики Казахстан в области пенсионного обеспечения и обязательного социального страхования, выявленных по результатам налоговой проверки, могут быть поданы в течение тридцати суток со дня вручения или получения копии постановления.

3. Пропуск срока на подачу жалобы, протеста не является основанием к отказу в принятии жалобы, протеста к рассмотрению. Жалоба, протест рассматриваются, при этом пропуск срока подачи жалобы, протеста и их значение проверяются независимо от рассмотрения жалобы, протеста.

4. Подача жалобы, внесение протеста в срок, установленный настоящей статьей, приостанавливают исполнение постановления о наложении административного взыскания, предписания о необходимости уплаты штрафа до вынесения решения по жалобе, протесту.

5. Суд вправе приостановить исполнение постановления о наложении административного взыскания на время рассмотрения дела об административном правонарушении.

6. Жалоба может быть подана, а протест внесен в сторону, ухудшающую положение лица, привлеченного к административной ответственности, либо лица, в отношении которого административное производство прекращено, в течение года со дня вступления в законную силу постановления по делу об административном правонарушении, предписания о необходимости уплаты штрафа, постановления вышестоящего органа (должностного лица) по жалобе, протесту.

Сноска. Статья 829-4 с изменением, внесенным Законом РК от 20.04.2023 № 227-VII (вводится в действие с 01.07.2023).

Статья 829-5. Сроки рассмотрения дела об административном правонарушении, жалобы, протеста на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа, постановление вышестоящего органа (должностного лица) по жалобе, протесту

1. Дела об административных правонарушениях, жалоба, протест на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа, постановление вышестоящего органа (должностного лица) по жалобе, протесту рассматриваются в течение пятнадцати суток со дня получения судом, правомочным рассматривать дело, протокола об административном правонарушении, жалобы, протеста и других материалов дела.

2. Дело об административном правонарушении может быть рассмотрено незамедлительно в случае поступления соответствующих ходатайств от лица, в отношении которого ведется производство по делу, и потерпевшего. В случае поступления ходатайств от участников производства по делу об административном правонарушении либо при необходимости дополнительного выяснения обстоятельств дела срок рассмотрения дела, жалобы, протеста может быть продлен судом, но не более чем на пятнадцать суток.

3. Дело об административном правонарушении, совершение которого влечет административный арест, административное выдворение за пределы Республики Казахстан, рассматривается в день получения протокола об административном правонарушении и других материалов дела, а в отношении лица, подвергнутого административному задержанию, – не позднее двадцати четырех часов с момента его задержания.

Жалоба, протест на постановление об административном аресте, если лицо, привлеченное к ответственности, отбывает административный арест, подлежат рассмотрению в течение одних суток с момента подачи жалобы или протеста.

4. Суд обязан приостановить срок рассмотрения дела, жалобы, протеста при невозможности его (ее) рассмотрения до разрешения другого дела, рассматриваемого в гражданском, уголовном, административном судопроизводстве или производстве по делам об административных правонарушениях, а также в случае обжалования результатов налоговой и (или) таможенной проверок, на основании которых возбуждено дело об административном правонарушении, в вышестоящий орган или истечения срока на обжалование решения органа (должностного лица), рассматривающего жалобу лица, в отношении которого возбуждено дело об административном правонарушении.

Сноска. Статья 829-5 с изменениями, внесенными законами РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 29.06.2020 № 351-VI (вводится в действие с 01.07.2021).

Статья 829-6. Подготовка к рассмотрению дела об административном правонарушении, жалобы, протеста на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа, постановление вышестоящего органа (должностного лица) по жалобе, протесту

1. Суд при подготовке к рассмотрению дела, жалобы, протеста выясняет следующие вопросы:

1) относится ли к его компетенции рассмотрение данного дела, жалобы, протеста;

2) имеются ли обстоятельства, исключающие возможность рассмотрения данного дела, жалобы, протеста судом;

3) правильно ли составлены протокол об административном правонарушении и другие протоколы, предусмотренные настоящим Кодексом, а также оформлены иные материалы дела;

4) имеются ли обстоятельства, исключающие производство по делу, а также обстоятельства, позволяющие не привлекать лицо к административной ответственности;

5) имеются ли ходатайства, в том числе по делам с участием несовершеннолетнего о рассмотрении дела в суде по месту жительства несовершеннолетнего, и отводы;

6) разрешает ходатайства, истребует дополнительные материалы, вызывает лиц, участие которых признано необходимым для рассмотрения дела, жалобы, протеста; при необходимости назначает экспертизу;

7) извещены ли о месте и времени рассмотрения дела, жалобы, протеста лица, указанные в статьях 744, 745, 746, 747 и 748 настоящего Кодекса.

2. Требования подпунктов 1), 3) и 6) части первой настоящей статьи на дела о фактах проявления неуважения к суду, рассмотренные в соответствии с частью третьей статьи 684 настоящего Кодекса, не распространяются.

Статья 829-7. Обстоятельства, исключающие возможность рассмотрения судом дела об административном правонарушении, жалобы, протеста на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа, постановление вышестоящего органа (должностного лица) по жалобе, протесту

Судья не может рассматривать дело, жалобу, протест в случаях, если это лицо:

1) является родственником лица, привлекаемого к ответственности, или потерпевшего, их представителей, защитника;

2) лично, прямо или косвенно заинтересовано в разрешении дела.

Статья 829-8. Самоотвод и отвод судьи

1. При наличии обстоятельств, предусмотренных в статье 829-7 настоящего Кодекса, судья обязан заявить о самоотводе.

2. При наличии обстоятельств, предусмотренных в статье 829-7 настоящего Кодекса, лицо, в отношении которого ведется производство по делу, потерпевший, законные представители физического лица и представители юридического лица, защитник, прокурор вправе заявить отвод суду.

3. Заявления о самоотводе, отводе подаются председателю соответствующего суда.

4. Заявления о самоотводе, отводе рассматриваются председателем суда в течение суток со дня поступления.

5. По результатам рассмотрения заявлений о самоотводе, отводе выносится определение об удовлетворении заявлений либо отказе в их удовлетворении.

Статья 829-9. Решение суда, принимаемое при подготовке к рассмотрению дела об административном правонарушении, жалобы, протеста на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа, постановление вышестоящего органа (должностного лица) по жалобе, протесту

1. Суд при подготовке к рассмотрению дела об административном правонарушении, жалобы, протеста принимает следующее решение о (об):

1) назначении времени и места рассмотрения дела, жалобы, протеста;

2) вызове лиц, истребовании необходимых дополнительных материалов по делу, о назначении экспертизы в случае необходимости;

3) отложении рассмотрения дела, жалобы, протеста;

4) продлении, приостановлении сроков рассмотрения дела, жалобы, протеста;

5) передаче протокола об административном правонарушении и других материалов дела, жалобы, протеста на рассмотрение по подведомственности, если рассмотрение данного дела, жалобы, протеста не относится к его компетенции;

6) передаче дела для рассмотрения по существу в соответствии со статьей 812 настоящего Кодекса;

7) передаче дела на рассмотрение суду, правомочному налагать за данное административное правонарушение взыскание иного вида или размера, а также о передаче дела на рассмотрение по месту учета транспортного средства (судна, в том числе маломерного) в случаях, предусмотренных статьей 812 настоящего Кодекса

2. Решения, предусмотренные частью первой настоящей статьи, выносятся в виде определения и содержат сведения, предусмотренные частью первой статьи 822 настоящего Кодекса, за исключением срока и порядка обжалования.

3. Суд, установив, что в производстве имеются два и более дела, возбужденные в отношении одного и того же лица, вправе объединить эти дела в одно производство для совместного рассмотрения.

4. При подготовке к повторному рассмотрению дела об административном правонарушении в связи с неявкой без уважительных причин лица, привлекаемого к ответственности, его представителя, свидетеля в случаях, предусмотренных частью четвертой статьи 744, частью шестой статьи 746 и частью пятой статьи 754 настоящего Кодекса, суд вправе вынести определение о приводе указанных лиц.

Статья 829-10. Порядок рассмотрения дела об административном правонарушении, жалобы, протеста на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа, постановление вышестоящего органа (должностного лица) по жалобе, протесту

1. Суд, приступив к рассмотрению дела, жалобы, протеста:

1) объявляет, кто рассматривает дело, какие дело, жалоба, протест подлежат рассмотрению, кто и на основании какой статьи настоящего Кодекса привлекается к ответственности, определяет язык производства;

2) удостоверяется в явке лица, привлекаемого к административной ответственности, или его представителя, а также иных лиц, участвующих в рассмотрении дела, жалобы, протеста;

3) устанавливает личность участников производства и проверяет полномочия законных представителей лиц, защитника;

4) выясняет причины неявки участников производства и принимает решение о рассмотрении дела, жалобы, протеста в отсутствие указанных лиц либо об отложении рассмотрения дела, жалобы, протеста;

5) в необходимых случаях выносит определение о приводе лица, участие которого является обязательным при рассмотрении дела, жалобы, протеста, назначает переводчика;

6) разъясняет лицам, участвующим в рассмотрении дела, их права и обязанности, предусмотренные настоящим Кодексом, в том числе право на получение бесплатной юридической помощи за счет средств государственного бюджета;

7) разрешает заявленные отводы и ходатайства;

8) оглашает протокол об административном правонарушении, жалобу, протест, а при необходимости – и иные материалы дела;

9) заслушивает объяснения лица, в отношении которого ведется производство, показания других лиц, участвующих в производстве, пояснения специалиста и заключение эксперта, исследует иные доказательства, а в случае участия прокурора в рассмотрении дела, жалобы, протеста заслушивает его заключение;

10) выносит определение об отложении рассмотрения дела, жалобы, протеста в связи: с заявлением о самоотводе или отводе судьи, в случае, если его отвод препятствует рассмотрению дела, жалобы, протеста по существу; с отводом защитника, уполномоченного представителя, эксперта или переводчика, если указанный отвод препятствует рассмотрению дела, жалобы, протеста по существу; с необходимостью явки лиц, участвующих в рассмотрении дела, жалобы, протеста, или истребованием дополнительных материалов по делу, жалобе, протесту, а также в случаях, предусмотренных частью второй статьи 51 настоящего Кодекса. В случае необходимости суд выносит определение о назначении экспертизы;

11) выносит определение о продлении, приостановлении сроков рассмотрения дела, жалобы, протеста;

12) выносит определение о передаче дела для рассмотрения по существу в случаях, предусмотренных статьей 829-9 настоящего Кодекса.

2. При рассмотрении дела, жалобы, протеста проверяются законность и обоснованность возбуждения дела об административном правонарушении, вынесенных постановлений по имеющимся в деле и дополнительно представленным материалам. Суд не связан с доводами и обстоятельствами дела, жалобы, протеста и проверяет дело в полном объеме, при этом он вправе устанавливать новые факты и исследовать новые доказательства.

3. Суд вправе отложить рассмотрение дела, жалобы, протеста в связи с неявкой вызванных лиц, истребованием дополнительных материалов по делу, назначением экспертизы и в других случаях, когда это необходимо для полного, всестороннего и объективного рассмотрения дела, жалобы, протеста.

4. Суд, установив факт проявления неуважения к суду со стороны присутствующего в процессе лица непосредственно в ходе судебного разбирательства, вправе, объявив о факте, без соблюдения требований подпунктов 2), 4), 8) и 12) части первой настоящей статьи вынести постановление о наложении на виновное лицо административного взыскания, предусмотренного статьей 653 настоящего Кодекса.

5. Дело о факте проявления неуважения к суду со стороны присутствующего в процессе лица, установленном в ходе судебного разбирательства, рассматривается судьей (судом) непосредственно в этом же заседании суда с установлением и фиксированием этого факта в протоколе судебного заседания.

6. В случае участия в рассмотрении дела, жалобы, протеста должностного лица, возбудившего дело об административном правонарушении, или представителя государственного органа, чьи представители имеют право возбуждать дела об административных правонарушениях, рассматривать жалобу, протест на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа, они первыми представляют объяснения по существу правонарушения и доказательства виновности лица в его совершении.

7. В необходимых случаях осуществляются другие процессуальные действия, предусмотренные настоящим Кодексом.

Статья 829-11. Обстоятельства, подлежащие выяснению при рассмотрении дела об административном правонарушении, жалобы, протеста на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа, постановление вышестоящего органа (должностного лица) по жалобе, протесту

1. Суд при рассмотрении дела, жалобы, протеста обязан выяснить, было ли совершено административное правонарушение, виновно ли данное лицо в его совершении, подлежит ли оно административной ответственности, имеются ли обстоятельства, смягчающие и отягчающие ответственность, причинен ли имущественный ущерб, обстоятельства, предусмотренные статьями 741 и 742 настоящего Кодекса, правильно ли составлены протокол об административном правонарушении и другие протоколы, предусмотренные настоящим Кодексом, правильно ли оформлены иные материалы дела, имеются ли обстоятельства, исключающие производство по делу, обстоятельства, позволяющие не привлекать лицо к административной ответственности, а также выяснить другие обстоятельства, имеющие значение для правильного разрешения дела.

2. Суд с учетом установления обстоятельств, указанных в части первой настоящей статьи, вправе сократить размер административного штрафа, наложенного на лицо, в отношении которого возбуждено дело об административном правонарушении, и исчисляемого согласно абзацу первому части первой статьи 44 настоящего Кодекса, но не более чем на тридцать процентов от общей суммы штрафа.

Статья 829-12. Протокол судебного заседания

1. В судебном заседании суда при рассмотрении дела об административном правонарушении ведется протокол. Если лицо, в отношении которого ведется производство по делу об административном правонарушении, при рассмотрении дела об административном правонарушении полностью признает свою вину, не заявляет о необходимости исследовать доказательства, ведение протокола необязательно. При этом суд вышестоящих инстанций, рассматривая дело по правилам, предусмотренным для суда первой инстанции, ведет протокол судебного заседания в случаях необходимости исследования имеющих значение для правильного разрешения дела дополнительных материалов, полученных экспертных заключений, допроса вызванных в заседание лиц, а также по собственной инициативе или по ходатайству лица, в отношении которого ведется производство по делу об административных правонарушениях.

2. В протоколе судебного заседания указываются:

1) место и дата заседания, время его начала и окончания;

2) сведения о лице, в отношении которого рассматривается дело: для физических лиц – фамилия, имя, отчество (при его наличии), дата рождения, место жительства, наименование и реквизиты документа, удостоверяющего личность, идентификационный номер, сведения о регистрации по месту жительства, место работы; для юридических лиц – наименование, организационно-правовая форма, место нахождения, номер и дата государственной регистрации в качестве юридического лица, идентификационный номер и банковские реквизиты;

3) язык производства по рассматриваемому делу;

4) событие рассматриваемого дела об административном правонарушении;

5) должность, фамилия, инициалы судьи, секретаря судебного заседания;

6) сведения о явке лиц, участвующих в рассмотрении дела, об извещении отсутствующих лиц в установленном порядке;

7) ход судебного заседания;

8) отводы, ходатайства и результаты их рассмотрения;

9) разъяснение участникам производства по делу об административном правонарушении их прав и обязанностей;

10) содержание объяснений, вопросов и ответов, выступлений участников судебного заседания;

11) рассмотренные материалы и документы;

12) указание на определения, постановления, вынесенные в ходе судебного заседания, решение суда по делу об административном правонарушении, разъяснение срока и порядка его обжалования;

13) ознакомление с протоколом судебного заседания и разъяснение срока подачи на него замечаний.

3. Протокол составляется, подписывается судьей и секретарем судебного заседания не позднее пяти суток со дня рассмотрения дела.

4. Судья обязан обеспечить лицу, в отношении которого ведется производство по делу об административном правонарушении, другим участникам производства по делу об административном правонарушении возможность ознакомиться с протоколом судебного заседания.

5. Участники производства по делу об административном правонарушении вправе представить свои замечания в отношении полноты и достоверности составления протокола судебного заседания в течение пяти суток после его подписания.

6. Замечания на протокол судебного заседания рассматриваются судьей в течение пяти суток со дня их подачи.

7. О принятии или отклонении замечаний на протокол судебного заседания судья выносит мотивированное постановление. Постановление и замечания на протокол судебного заседания приобщаются к протоколу судебного заседания.

Статья 829-13. Фиксирование судебного заседания средствами аудио-, видеозаписи

1. Фиксирование хода судебного заседания осуществляется с помощью средств аудио-, видеозаписи. Фиксирование судебного заседания средствами аудио-, видеозаписи осуществляет секретарь судебного заседания.

Фиксация судебного заседания с помощью средств аудио-, видеозаписи не осуществляется в случаях технически неисправного оборудования, его отсутствия или невозможности применения его по техническим причинам. Невозможность использования средств аудио-, видеозаписи не исключает продолжения судебного заседания.

Секретарь судебного заседания в случае невозможности использования средств аудио-, видеозаписи докладывает об этом суду с обязательным отражением причин неиспользования аудио-, видеозаписи в протоколе судебного заседания.

2. В случае фиксирования разбирательства дела с использованием средств аудио-, видеозаписи секретарем судебного заседания составляется краткий протокол в письменной форме.

В кратком протоколе судебного заседания указываются:

1) место и дата заседания, время его начала и окончания;

2) сведения о лице, в отношении которого рассматривается дело: для физических лиц – фамилия, имя, отчество (при его наличии), дата рождения, место жительства, наименование и реквизиты документа, удостоверяющего личность, идентификационный номер, сведения о регистрации по месту жительства, место работы; для юридических лиц – наименование, организационно-правовая форма, место нахождения, номер и дата государственной регистрации в качестве юридического лица, идентификационный номер и банковские реквизиты;

3) должности, фамилии, инициалы судьи, секретаря судебного заседания;

4) сведения о применении судом средств аудио-, видеозаписи;

5) наименование файла, содержащего аудио-, видеозапись;

6) сведения о явке лиц, участвующих в рассмотрении дела, об извещении отсутствующих лиц в установленном порядке;

7) указание на определения, постановления, вынесенные в ходе судебного заседания, решение суда по делу об административном правонарушении, разъяснение срока и порядка его обжалования;

8) рассмотренные материалы и документы;

9) ознакомление с аудио-, видеозаписью, протоколом судебного заседания и разъяснение срока подачи на него замечаний.

Краткий протокол составляется, подписывается судьей и секретарем судебного заседания не позднее трех суток со дня рассмотрения дела.

Материальный носитель, содержащий аудио-, видеозапись, и краткий протокол судебного заседания приобщаются к материалам дела.

3. Судья обязан обеспечить лицу, в отношении которого ведется производство по делу об административном правонарушении, а также другим участникам производства по делу об административном правонарушении возможность ознакомиться с аудио-, видеозаписью, кратким протоколом судебного заседания и представить свои замечания в отношении полноты и достоверности составления аудио-, видеозаписи, протокола судебного заседания в течение трех суток после его подписания.

4. Замечания на аудио-, видеозапись и краткий протокол судебного заседания рассматриваются судьей в порядке, установленном частями шестой и седьмой статьи 829-12 настоящего Кодекса.

5. Аудио-, видеозапись судебных заседаний используется только в целях судопроизводства для точного фиксирования хода судебного разбирательства, а также установления фактических данных в гражданском, уголовном судопроизводстве, производстве по делам об административных правонарушениях либо в рамках производства по дисциплинарному делу.

Порядок технического применения средств аудио-, видеозаписи, обеспечивающих фиксирование хода судебного заседания, хранения и уничтожения аудио-, видеозаписи, а также доступа к аудио-, видеозаписи определяется органом, осуществляющим организационное и материально-техническое обеспечение деятельности судов, с учетом требований настоящего Кодекса.

Статья 829-14. Решения, принимаемые по результатам рассмотрения дела об административном правонарушении, жалобы, протеста на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа, постановление вышестоящего органа (должностного лица) по жалобе, протесту

1. Рассмотрев дело об административном правонарушении, жалобу, протест, суд выносит одно из следующих постановлений о (об):

1) наложении административного взыскания;

2) прекращении производства по делу;

3) оставлении постановления, предписания без изменения, а жалобу, протест без удовлетворения;

4) изменении постановления;

5) отмене постановления, предписания и прекращении дела;

6) отмене постановления, предписания и вынесении нового постановления по делу.

2. Постановление, предусмотренное настоящей статьей, должно быть законным и обоснованным.

Если при решении вопроса о наложении взыскания за административное правонарушение судьей одновременно решается вопрос о возмещении виновным имущественного ущерба, то в постановлении указываются размер ущерба, подлежащего взысканию, срок и порядок его возмещения.

Постановление суда о выдворении иностранца или лица без гражданства за пределы Республики Казахстан вступает в законную силу со дня его вынесения и служит основанием для выдворения иностранца или лица без гражданства за пределы Республики Казахстан. В нем также указывается срок, в течение которого иностранец или лицо без гражданства должны покинуть территорию Республики Казахстан.

3. В постановлении должны быть указаны сведения, а также решены вопросы, предусмотренные статьей 822 настоящего Кодекса.

4. Признав в результате рассмотрения дела, жалобы, протеста неправильной юридическую оценку содеянного, суд обязан изменить квалификацию правонарушения на статью закона, предусматривающую менее строгое административное взыскание.

5. При направлении водителя транспортного средства на сдачу экзамена для проверки знания правил дорожного движения выносится постановление о направлении на проверку знания правил дорожного движения, копия которого выдается лицу, направленному на сдачу экзамена.

6. При направлении владельца и (или) пользователя гражданского и служебного оружия на сдачу экзамена для проверки знаний правил безопасного обращения с гражданским и служебным оружием выносится постановление о направлении на проверку знаний правил безопасного обращения с гражданским и служебным оружием, копия которого выдается лицу, направленному на сдачу экзамена.

6-1. В постановлении на основаниях статьи 54 настоящего Кодекса могут быть установлены особые требования к поведению правонарушителя.

7. Постановление о прекращении производства по делу выносится в случаях:

1) наличия обстоятельств, исключающих производство по делу, предусмотренных статьей 741 настоящего Кодекса;

2) наличия обстоятельств, позволяющих не привлекать к административной ответственности, предусмотренных статьей 742 настоящего Кодекса;

3) передачи материалов дела соответствующим органам для решения вопроса о привлечении лица к дисциплинарной ответственности в соответствии со статьей 32 настоящего Кодекса.

8. Постановление, вынесенное по результатам рассмотрения дела, жалобы, протеста, оформляется письменно и подписывается судьей, вынесшим такое постановление, либо в форме электронного документа, удостоверенного посредством электронной цифровой подписи судьи, вынесшего такое постановление.

Сноска. Статья 829-14 с изменениями, внесенными законами РК от 18.03.2019 № 237-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 829-15. Отмена или изменение постановления по делу об административном правонарушении по жалобе, протесту, постановления вышестоящего органа по жалобе, протесту либо отмена предписания о необходимости уплаты штрафа

Решение об отмене постановления, предписания, постановления по жалобе, протесту и прекращении дела принимается при наличии обстоятельств, предусмотренных статьями 741 и 742 настоящего Кодекса, а также при недоказанности обстоятельств, на основании которых было вынесено постановление, оформлено предписание.

Отмена или изменение постановления по делу об административном правонарушении, постановления по жалобе, протесту либо отмена предписания о необходимости уплаты штрафа осуществляется по основаниям, указанным в статьях 840, 841, 842, 843, 844 и 845 настоящего Кодекса.

Статья 829-16. Оглашение постановления по результатам рассмотрения дела об административном правонарушении, по жалобе, протесту на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа, постановление вышестоящего органа (должностного лица) по жалобе, протесту

1. Постановление суда по результатам рассмотрения дела об административном правонарушении, по жалобе, протесту на постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа, постановление вышестоящего органа (должностного лица) по жалобе, протесту оглашается незамедлительно после его вынесения.

2. Постановление суда в срок до трех суток после его вынесения вручается или высылается лицу, в отношении которого было вынесено постановление по делу, жалобе, протесту, и потерпевшему в случае подачи им жалобы или, по его просьбе, прокурору, принесшему протест.

В случае вынесения постановления об административном аресте постановление немедленно направляется прокурору.

3. Постановление суда по жалобе, протесту на постановление по делу об административном аресте доводится до сведения органа (должностного лица), исполняющего постановление, а также лица, в отношении которого оно вынесено, – в день вынесения постановления.

4. По делам об административных правонарушениях, предусмотренных статьями 484 и 485 настоящего Кодекса, в отношении лица, которому огнестрельное оружие, а также боеприпасы вверены в связи с выполнением служебных обязанностей или переданы во временное пользование организацией, копия постановления направляется соответствующей организации.

5. Постановление суда может быть обжаловано, опротестовано в вышестоящий суд в порядке, предусмотренном главой 45 настоящего Кодекса.

Сноска. Статья 829-16 с изменением, внесенным Законом РК от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 829-17. Определение по делу об административном правонарушении, вынесенное судом

В определении по делу об административном правонарушении должны быть указаны сведения, предусмотренные частью первой статьи 822 настоящего Кодекса, за исключением сроков добровольной уплаты штрафа или исполнения иного вида административного взыскания.

Статья 829-18. Исправление описок, опечаток и арифметических ошибок судом

1. Суд, вынесший постановление, по заявлению участников производства по делу, судебного исполнителя, органа (должностного лица), исполняющих постановление по делу об административном правонарушении, или по своей инициативе вправе исправить допущенные в постановлении описки, опечатки и арифметические ошибки без изменения содержания постановления.

2. Рассмотрение заявления об исправлениях описок, опечаток и арифметических ошибок производится в течение трех суток со дня поступления заявления.

3. Исправление описки, опечатки или арифметической ошибки производится в виде определения.

4. Копия определения в течение трех суток со дня его вынесения направляется участникам производства по делу, судебному исполнителю, органу (должностному лицу), исполняющим постановления, а также органу (должностному лицу), составившему протокол об административном правонарушении.

Статья 829-19. Частное постановление

1. При выявлении случаев нарушения законности, а также установлении причин и условий, способствующих совершению административных правонарушений, суд выносит частное постановление и вносит в соответствующую организацию и должностным лицам представление о принятии мер по их устранению.

Частное постановление суда может быть обжаловано, опротестовано в течение десяти суток со дня его получения в вышестоящем суде, решение которого обжалованию, опротестованию не подлежит.

2. Руководители организаций и другие должностные лица обязаны рассмотреть частное постановление в течение месяца со дня его получения и сообщить о принятых мерах суду, вынесшему частное постановление.

Глава 45. ПЕРЕСМОТР НЕ ВСТУПИВШИХ В ЗАКОННУЮ СИЛУ ПОСТАНОВЛЕНИЙ СУДОВ В АПЕЛЛЯЦИОННОМ ПОРЯДКЕ

Сноска. Заголовок главы 45 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 830. Право обжалования, принесения апелляционного ходатайства прокурором на постановление суда

1. Постановление суда о наложении административного взыскания может быть обжаловано лицами, указанными в статьях 744, 745, 746, 747, 748 и 753 настоящего Кодекса, в вышестоящий суд, а также пересмотрено по апелляционному ходатайству прокурора.

2. На постановление по делу о факте проявления неуважения к суду, вынесенное судом в порядке, предусмотренном частью четвертой статьи 829-10 настоящего Кодекса, могут быть подана жалоба, принесено апелляционное ходатайство прокурора в суд вышестоящей инстанции.

Сноска. Статья 830 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 29.06.2020 № 351-VI (вводится в действие с 01.07.2021).

Статья 831. Порядок обжалования, пересмотра по апелляционному ходатайству прокурора на постановление суда

Сноска. Заголовок статьи 831 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Жалоба, апелляционное ходатайство прокурора на постановление суда направляются в суд, вынесший постановление, который обязан в течение трех суток со дня поступления жалобы, апелляционного ходатайства прокурора направить их со всеми материалами дела в вышестоящий суд.

2. В случаях обжалования, принесения апелляционного ходатайства прокурором на постановление по делу о факте проявления неуважения к суду в соответствии с частью второй статьи 830 настоящего Кодекса суд прилагает к постановлению выписку из протокола судебного заседания в части установления факта.

3. Исключен Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

4. Жалоба, апелляционное ходатайство прокурора на постановление судьи о наложении взыскания в виде административного ареста подлежат направлению в вышестоящий суд в день получения жалобы, апелляционного ходатайства прокурора.

5. Исключен Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).
Сноска. Статья 831 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 832. Срок обжалования, принесения апелляционного ходатайства прокурором на постановление суда

1. Жалоба, апелляционное ходатайство прокурора на постановление суда могут быть поданы в течение десяти суток со дня вручения постановления, а в случае, если лица, указанные в статьях 744, 745, 746, 747, 748 и 753 настоящего Кодекса, не участвовали в рассмотрении дела, – со дня его получения.

2. Пропуск срока на подачу жалобы, принесение апелляционного ходатайства прокурором не является основанием к отказу в их принятии к рассмотрению. Сроки и их значение для правильного разрешения дела проверяются судом независимо от содержания жалобы, апелляционного ходатайства прокурора.

3. Жалоба, апелляционное ходатайство прокурора в сторону, ухудшающую положение лица, привлеченного к административной ответственности, либо лица, в отношении которого административное производство прекращено, могут быть поданы в течение года со дня вступления в законную силу постановления по делу об административном правонарушении, предписания о необходимости уплаты штрафа, постановления вышестоящего органа (должностного лица) по жалобе, протесту.

Сноска. Статья 832 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 833. Содержание жалобы, апелляционного ходатайства прокурора

1. Жалоба подается, апелляционное ходатайство прокурора приносится в письменном виде либо в форме электронного документа, удостоверенного электронной цифровой подписью, и в них должны быть указаны:

1) наименование суда, которому подается жалоба, апелляционное ходатайство прокурора;

2) фамилия, имя и отчество (при его наличии) (точное наименование юридического лица), место постоянного жительства или место нахождения (почтовый адрес) заявителя жалобы, прокурора, принесшего апелляционное ходатайство;

3) наименование суда, на постановление которого подается жалоба, приносится апелляционное ходатайство;

4) содержание обжалуемого или пересматриваемого по апелляционному ходатайству прокурора постановление суда, а также причины, по которым лицо, подавшее жалобу, прокурор, принесший апелляционное ходатайство, считают постановление суда нарушающим их права или свободы;

5) четко сформулированные просьба, требование лица, подавшего жалобу, прокурора, принесшего апелляционное ходатайство.

2. Жалоба, апелляционное ходатайство, подписываются лицами, указанными в статьях 744, 745, 746, 747 и 748 настоящего Кодекса, прокурором. Жалоба, подаваемая от имени юридического лица, подписывается его представителем или другим уполномоченным на то лицом.

3. Если жалоба подается, апелляционное ходатайство прокурора приносится в интересах другого лица, в них следует указать имя и фамилию, место постоянного жительства или место нахождения (почтовый адрес) лица, в интересах которого подается жалоба, приносится апелляционное ходатайство. К жалобе прилагается подтверждающий полномочия документ.

4. Жалоба подается, апелляционное ходатайство прокурора приносится в двух экземплярах с приложением копий обжалуемого, пересматриваемого постановления суда, а также иных документов в обоснование приведенных в жалобе, апелляционном ходатайстве доводов.

5. В случае, если поданная жалоба, принесенное апелляционное ходатайство прокурора не соответствуют требованиям, предусмотренным частями первой и второй настоящей статьи, они считаются поданными, но возвращаются с указанием срока для дооформления. Если в течение указанного срока жалоба, апелляционное ходатайство прокурора после пересоставления не представлены суду, они считаются неподанными.

Сноска. Статья 833 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 834. Приостановление исполнения постановления в связи с подачей жалобы или принесением апелляционного ходатайства прокурора

Сноска. Заголовок статьи 834 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Подача в установленный срок жалобы приостанавливает исполнение постановления о наложении административного взыскания до рассмотрения жалобы.

2. Прокурор имеет право приостановить исполнение постановления о наложении административного взыскания на время проверки его законности, давать письменные указания уполномоченным должностным лицам и органам (кроме суда) о производстве дополнительной проверки. По результатам проверки прокурор приносит апелляционное ходатайство соответствующему органу об отмене или изменении постановления или отменяет приостановление исполнения постановления.

3. Принесение прокурором апелляционного ходатайства приостанавливает исполнение постановления до его рассмотрения.

Сноска. Статья 834 с изменениями, внесенными законами РК от 11.07.2017 № 91-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 835. Сроки рассмотрения жалобы, апелляционного ходатайства прокурора на постановление суда

Сноска. Заголовок статьи 835 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Жалоба, апелляционное ходатайство прокурора на постановление суда подлежат рассмотрению в течение десяти суток со дня их поступления.

2. Жалоба, апелляционное ходатайство прокурора на постановление об административном аресте в случае, если лицо, привлеченное к ответственности, отбывает административный арест, подлежат рассмотрению в течение одних суток с момента их подачи, принесения.

3. В случаях поступления ходатайств от участников производства по делу об административном правонарушении либо необходимости дополнительного выяснения обстоятельств дела срок рассмотрения жалобы, апелляционного ходатайства прокурора может быть продлен судом, рассматривающим дело, но не более чем на десять суток. Суд обязан приостановить срок рассмотрения жалобы, апелляционного ходатайства прокурора при невозможности ее (его) рассмотрения до разрешения другого дела, рассматриваемого в гражданском, уголовном , административном судопроизводстве или производстве по делам об административных правонарушениях. Решение о продлении и (или) приостановлении срока выносится в виде мотивированного определения.

Сноска. Статья 835 в редакции Закона РК от 11.07.2017 № 91-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 29.06.2020 № 351-VI (вводится в действие с 01.07.2021).

Статья 836. Единоличное рассмотрение судьей жалобы, апелляционного ходатайства прокурора на постановление суда

1. Жалоба, апелляционное ходатайство прокурора на постановление суда рассматриваются единолично судьей вышестоящего суда.

2. Жалоба, апелляционное ходатайство прокурора на постановление суда по делу о факте проявления неуважения к суду, вынесенные судьей (судом) в порядке, предусмотренном частью четвертой статьи 829-10 настоящего Кодекса, рассматриваются единолично судьей вышестоящего суда.

Сноска. Статья 836 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 29.06.2020 № 351-VI (вводится в действие с 01.07.2021).

Статья 837. Подготовка к рассмотрению жалобы, апелляционного ходатайства прокурора на постановление суда

При подготовке к рассмотрению жалобы, апелляционного ходатайства прокурора суд разрешает ходатайства, истребует дополнительные материалы, вызывает лиц, участие которых признано необходимым для рассмотрения жалобы, апелляционного ходатайства прокурора, судья при необходимости назначает экспертизу.

Сноска. Статья 837 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 838. Рассмотрение жалобы, апелляционного ходатайства прокурора на постановление суда

1. Суд, приступив к рассмотрению жалобы, апелляционного ходатайства прокурора на постановление суда:

1) объявляет, кто рассматривает жалобу, апелляционное ходатайство; какая жалоба, апелляционное ходатайство подлежат рассмотрению; кем подана жалоба, принесено апелляционное ходатайство;

2) удостоверяется в явке физического лица или представителя юридического лица, в отношении которого вынесено постановление по делу, а также лиц, вызванных для участия в рассмотрении жалобы, апелляционного ходатайства;

3) проверяет полномочия участников производства и их законных представителей;

4) выясняет причины неявки участников производства по делу и принимает решение о рассмотрении жалобы, апелляционного ходатайства в их отсутствие либо об отложении рассмотрения жалобы, апелляционного ходатайства;

5) разъясняет лицам, участвующим в рассмотрении жалобы, апелляционного ходатайства, их права и обязанности;

6) разрешает заявленные отводы и ходатайства;

7) оглашает жалобу, апелляционное ходатайство на постановление суда, а при необходимости и иные материалы дела.

2. При рассмотрении жалобы, апелляционного ходатайства прокурора на постановление суда проверяются законность и обоснованность вынесенного постановления по имеющимся в деле и дополнительно представленным материалам. Суд не связан с доводами жалобы, апелляционного ходатайства прокурора и проверяет дело в полном объеме, при этом он вправе устанавливать новые факты и исследовать новые доказательства.

3. Суд вправе отложить рассмотрение жалобы, апелляционного ходатайства прокурора в связи с неявкой вызванных лиц, истребованием дополнительных материалов по делу, назначением экспертизы и в других случаях, когда это необходимо для полного, всестороннего и объективного рассмотрения жалобы, апелляционного ходатайства.

Сноска. Статья 838 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 839. Решение по жалобе, апелляционному ходатайству прокурора на постановление суда

1. Рассмотрев жалобу, апелляционное ходатайство прокурора на постановление суда, суд принимает одно из следующих решений об (о):

1) оставлении постановления без изменения, а жалобы, апелляционного ходатайства – без удовлетворения;

2) изменении постановления;

3) отмене постановления и прекращении дела при наличии обстоятельств, предусмотренных статьями 741 и 742 настоящего Кодекса, а также при недоказанности обстоятельств, на основании которых было вынесено постановление;

4) отмене постановления и вынесении нового постановления по делу.

2. Решение по результатам рассмотрения жалобы, апелляционного ходатайства прокурора на постановление суда оглашается незамедлительно после его принятия и выносится в виде постановления по жалобе, апелляционному ходатайству, оформленного в соответствии со статьей 822 настоящего Кодекса.

3. Постановление суда, вынесенное в апелляционном порядке, может быть обжаловано, опротестовано в порядке, предусмотренном главой 46 настоящего Кодекса.

Сноска. Статья 839 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 840. Основания к отмене или изменению постановления суда

Сноска. Заголовок статьи 840 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Основаниями к отмене либо изменению постановления суда и вынесению постановления являются:

1) несоответствие выводов судьи о фактических обстоятельствах дела, изложенных в постановлении суда, исследованным при рассмотрении жалобы, апелляционного ходатайства прокурора доказательствам;

2) неправильное применение закона об административной ответственности;

3) существенное нарушение процессуальных норм настоящего Кодекса;

4) несоответствие наложенного постановлением административного взыскания характеру совершенного правонарушения, личности виновного или имущественному положению юридического лица.

Сноска. Статья 840 с изменениями, внесенными законами РК от 11.07.2017 № 91-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 841. Несоответствие выводов судьи о фактических обстоятельствах дела, изложенных в постановлении суда, исследованным при рассмотрении жалобы, апелляционного ходатайства прокурора доказательствам

1. Установив, что изложенные в постановлении суда выводы о фактических обстоятельствах дела не соответствуют исследованным при рассмотрении жалобы, апелляционного ходатайства прокурора доказательствам, судья отменяет это постановление полностью или частично и выносит новое постановление в соответствии с результатами рассмотрения жалобы, апелляционного ходатайства.

2. Судья, оценивая исследованные в процессе рассмотрения жалобы, апелляционного ходатайства прокурора доказательства, вправе признавать доказанными факты, которые не были установлены постановлением суда или не были приняты судьей, вынесшим постановление, во внимание.

Сноска. Статья 841 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 842. Неправильное применение закона об административной ответственности

1. Неправильным применением закона об административной ответственности является:

1) нарушение требований раздела 1 и Общей части раздела 2 настоящего Кодекса;

2) применение не той статьи или части статьи Особенной части раздела 2 настоящего Кодекса, которые подлежали применению;

3) наложение административного взыскания более строгого, чем предусмотрено санкцией соответствующей статьи Особенной части раздела 2 настоящего Кодекса.

2. Признав в результате рассмотрения жалобы, апелляционного ходатайства, прокурора неправильной юридическую оценку содеянного, судья вправе изменить квалификацию правонарушения на статью закона, предусматривающую менее строгое административное взыскание.

3. Судья вправе по результатам рассмотрения жалобы, апелляционного ходатайства прокурора изменить квалификацию правонарушения на статью закона, предусматривающую более строгое административное взыскание, или наложить более строгое административное взыскание только в случае, когда по этим основаниям были подана жалоба потерпевшим или принесено апелляционное ходатайство прокурора.

Сноска. Статья 842 с изменениями, внесенными законами РК от 11.07.2017 № 91-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 843. Существенное нарушение процессуальных норм настоящего Кодекса

1. Существенными нарушениями процессуальных норм настоящего Кодекса признаются нарушения принципов и иных общих положений настоящего Кодекса при производстве по делу и его рассмотрении, которые путем лишения или стеснения гарантированных законом прав участвующих в деле лиц, несоблюдения процедуры производства по делу об административном правонарушении или иным путем помешали всесторонне, полно и объективно исследовать обстоятельства дела, повлияли или могли повлиять на вынесение законного и обоснованного постановления.

2. Постановление подлежит отмене, когда односторонность или неполнота производства по делу явились результатом ошибочного исключения из исследования допустимых доказательств или необоснованного отказа в исследовании доказательств, которые могут иметь значение для дела; неисследования доказательств, подлежащих обязательному исследованию.

3. Постановление подлежит отмене во всяком случае, если:

1) при наличии оснований, предусмотренных статьями 741 и 742 настоящего Кодекса, производство по делу не было прекращено;

2) постановление вынесено судом, не уполномоченным рассматривать дела об административных правонарушениях;

3) дело рассмотрено без участия защитника, когда его участие по закону является обязательным, или иным путем нарушено право лица, в отношении которого ведется производство по делу, иметь защитника;

4) нарушено право лица, в отношении которого ведется производство по делу, пользоваться родным языком или языком, которым он владеет, и услугами переводчика;

5) лицу, в отношении которого ведется производство по делу, не предоставлено право дать объяснения об обстоятельствах дела;

6) постановление не подписано кем-либо из лиц, указанных в части четвертой статьи 822 настоящего Кодекса.

4. Установив, что при рассмотрении дела об административном правонарушении допущено нарушение процессуальных норм, указанное в подпункте 1) части третьей настоящей статьи, судья отменяет постановление и прекращает производство по делу.

5. Если при рассмотрении дела об административном правонарушении было допущено какое-либо иное существенное нарушение процессуальных норм, судья проводит рассмотрение дела, принимая при этом меры к устранению допущенного нарушения, отменяет соответственно постановление суда, вышестоящего органа (должностного лица) и с учетом результатов рассмотрения дела выносит новое постановление.

Сноска. Статья 843 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 29.06.2020 № 351-VI (вводится в действие с 01.07.2021).

Статья 844. Несоответствие наложенного постановлением административного взыскания характеру совершенного правонарушения, личности виновного или имущественному финансовому положению юридического лица

1. Признав наложенное постановлением административное взыскание несправедливым вследствие его чрезмерной строгости, не соответствующим характеру совершенного правонарушения, личности виновного или имущественному положению юридического лица, судья смягчает взыскание, руководствуясь общими правилами наложения административного взыскания.

2. Судья может наложить на виновное лицо более строгое взыскание, чем было определено постановлением по делу об административном правонарушении, но лишь в том случае, когда подана жалоба или принесено апелляционное ходатайство прокурора.

Сноска. Статья 844 с изменениями, внесенными законами РК от 11.07.2017 № 91-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 845. Отмена или изменение постановления о прекращении производства по делу

1. Постановление о прекращении производства по делу может быть отменено судьей с вынесением постановления о наложении административного взыскания не иначе как по жалобе потерпевшего либо по апелляционному ходатайству прокурора на необоснованность прекращения производства по делу.

2. Постановление о прекращении производства по делу может быть изменено в части оснований прекращения по жалобе лица, в отношении которого прекращено производство по делу.

Сноска. Статья 845 с изменениями, внесенными законами РК от 11.07.2017 № 91-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 846. Оглашение постановления по жалобе, апелляционному ходатайству прокурора на постановление суда

1. Постановление по жалобе, апелляционному ходатайству прокурора на постановление суда оглашается незамедлительно после его вынесения.

2. Копия постановления по жалобе, апелляционному ходатайству прокурора на постановление суда в срок до трех суток после его вынесения вручается или высылается физическому лицу или представителю юридического лица, в отношении которого было вынесено постановление по делу, потерпевшему в случае подачи им жалобы или, по его просьбе, прокурору, принесшему апелляционное ходатайство.

3. Постановление по жалобе, апелляционному ходатайству прокурора на постановление суда об аресте доводится до сведения органа (должностного лица), исполняющего постановление, а также лица, в отношении которого оно вынесено, – в день вынесения постановления.

Сноска. Статья 846 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Глава 46. ПЕРЕСМОТР ВСТУПИВШИХ В ЗАКОННУЮ СИЛУ ПОСТАНОВЛЕНИЙ СУДА В КАССАЦИОННОМ ПОРЯДКЕ

Сноска. Заголовок главы 46 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 847. Кассационный порядок пересмотра вступивших в законную силу постановлений по делам об административных правонарушениях и постановлений по результатам рассмотрения жалоб, протестов на них

Сноска. Статью 847 исключена Законом РК от 31.10.2015 № 378-V (вводится в действие с 01.01.2016).

Статья 848. Порядок и поводы истребования дел и рассмотрения ходатайств о принесении протеста на вступившие в законную силу судебные акты

1. Дело об административном правонарушении может быть истребовано из соответствующего суда для проверки в кассационном порядке Председателем, председателем судебной коллегии Верховного Суда Республики Казахстан, а также Генеральным Прокурором Республики Казахстан, его заместителями, прокурорами областей и приравненными к ним прокурорами.

2. Поводами к истребованию дел являются ходатайства лиц, указанных в части четвертой статьи 851 настоящего Кодекса, а равно инициатива Председателя Верховного Суда Республики Казахстан, Генерального Прокурора Республики Казахстан в пределах их компетенции.

3. Запрос об истребовании дела исполняется судом не позднее семи суток со дня поступления его в суд. Запрос может направляться в письменной форме либо в форме электронного документа.

4. Не подлежат пересмотру в кассационном порядке дела об административных правонарушениях, за исключением случаев, предусмотренных частью пятой статьи 851 настоящего Кодекса.

5. Вступившие в законную силу постановления по делам об административных правонарушениях могут быть пересмотрены по представлению Председателя, председателя судебной коллегии Верховного Суда Республики Казахстан, а также по протесту Генерального Прокурора Республики Казахстан либо его заместителя при наличии оснований, предусмотренных частью пятой статьи 851 настоящего Кодекса.

6. Представление, протест направляются вместе с делом в судебную коллегию Верховного Суда Республики Казахстан.

Копии протеста направляются прокурором лицам, участвующим в деле.

7. В случае истребования дела ходатайство о внесении представления или принесении кассационного протеста подлежит рассмотрению в течение тридцати рабочих дней со дня поступления дела.

8. Ходатайство о внесении представления или принесении протеста подается в письменном виде либо в форме электронного документа, удостоверенного электронной цифровой подписью, и должно содержать:

1) наименование должностного лица, которому адресуется ходатайство;

2) наименование лица, подающего ходатайство; его место жительства или место нахождения и процессуальное положение по делу;

3) указание на суды, рассматривавшие дело в первой, апелляционной инстанциях, и содержание принятых ими решений;

4) указание на судебный акт, на который подается ходатайство;

5) указание:

к каким тяжким необратимым последствиям для жизни, здоровья людей либо для экономики и безопасности Республики Казахстан может привести исполнение постановления;

какие права и законные интересы неопределенного круга лиц или иные публичные интересы нарушает постановление;

каким образом принятое постановление нарушает единообразие в толковании и применении судами, уполномоченными органами (должностными лицами) норм права;

6) указание, в чем состоит просьба лица, подающего ходатайство.

9. Ходатайство должно быть подписано лицом, подающим ходатайство, или его представителем. К ходатайству, поданному представителем, должны быть приложены доверенность или иной документ, удостоверяющий полномочия представителя.

10. Ходатайство подлежит возвращению лицам, их подавшим, в случае несоответствия его требованиям настоящей статьи.

11. Лицо, подавшее ходатайство, вправе отозвать его путем подачи заявления в суд кассационной инстанции до рассмотрения ходатайства.

Сноска. Статья 848 в редакции Закона РК от 11.07.2017 № 91-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными Законом от 20.03.2021 № 21-VII (вводится в действие с 01.07.2021).

Статья 849. Принесение протеста, подача жалобы на постановления по делам об административных правонарушениях и постановления по результатам рассмотрения жалобы, протеста на них

Сноска. Статья 849 исключена Законом РК от 31.10.2015 № 378-V (вводится в действие с 01.01.2016).

Статья 850. Приостановление исполнения постановления о наложении административного взыскания

Принесение протеста на вступившие в законную силу постановления приостанавливает исполнение этих постановлений.

Сноска. Статья 850 с изменением, внесенным Законом РК от 31.10.2015 № 378-V (вводится в действие с 01.01.2016).

Статья 851. Кассационный порядок пересмотра вступивших в законную силу постановлений по делам об административных правонарушениях

1. Судебная коллегия Верховного Суда Республики Казахстан в коллегиальном составе не менее трех судей по представлению Председателя, председателя судебной коллегии Верховного Суда Республики Казахстан, протесту Генерального Прокурора Республики Казахстан и его заместителей вправе проверить законность и обоснованность вступившего в законную силу постановления суда по делу об административном правонарушении.

2. Представление, протест в сторону, ухудшающую положение лица, привлеченного к административной ответственности, либо лица, в отношении которого административное производство прекращено, могут быть поданы в течение года со дня вступления в законную силу постановления суда.

3. Протест на постановления по делам об административных правонарушениях, постановления суда по жалобе, протесту на них должен соответствовать требованиям, указанным в статье 833 настоящего Кодекса.

4. Право подачи ходатайства о внесении представления и принесении кассационного протеста имеют лицо, привлеченное к административной ответственности, потерпевший, их законные представители, защитники, представители юридических лиц, а также уполномоченные органы (должностные лица), осуществлявшие производство по делу через свои центральные государственные, местные исполнительные органы областей, городов республиканского значения и столицы.

5. Основаниями к пересмотру в кассационном порядке постановлений по делам об административных правонарушениях являются случаи, когда:

1) исполнение принятого постановления может привести к тяжким необратимым последствиям для жизни, здоровья людей либо для экономики и безопасности Республики Казахстан;

2) принятое постановление нарушает права и законные интересы неопределенного круга лиц или иные публичные интересы;

3) принятое постановление нарушает единообразие в толковании и применении судами, уполномоченными органами (должностными лицами) норм права.

6. Прокурор, принесший протест, вправе его отозвать путем подачи заявления в суд кассационной инстанции до рассмотрения протеста. Отзыв протеста не препятствует его повторному принесению.

Сноска. Статья 851 в редакции Закона РК от 11.07.2017 № 91-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными законами РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 20.03.2021 № 21-VII (вводится в действие с 01.07.2021).

Глава 47. ПЕРЕСМОТР ВСТУПИВШИХ В ЗАКОННУЮ СИЛУ ПОСТАНОВЛЕНИЙ
ПО ДЕЛАМ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ, ПРЕДПИСАНИЙ
О НЕОБХОДИМОСТИ УПЛАТЫ ШТРАФА И ПОСТАНОВЛЕНИЙ
ПО РЕЗУЛЬТАТАМ РАССМОТРЕНИЯ ЖАЛОБ, АПЕЛЛЯЦИОННЫХ
ХОДАТАЙСТВ, ПРОТЕСТОВ ПРОКУРОРА НА НИХ ПО ВНОВЬ ОТКРЫВШИМСЯ ОБСТОЯТЕЛЬСТВАМ

Сноска. Заголовок главы 47 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 852. Основания пересмотра

Примечание ИЗПИ!
См. Нормативное постановление Конституционного Суда РК от 28.04.2023 № 12.

1. Постановления по делам об административных правонарушениях, предписания о необходимости уплаты штрафа и постановления по результатам рассмотрения жалоб, протестов могут быть пересмотрены по вновь открывшимся обстоятельствам.

2. Основаниями для пересмотра постановлений, предписаний по вновь открывшимся обстоятельствам являются:

1) существенные для дела обстоятельства, которые не были и не могли быть известны правонарушителю, потерпевшему;

2) установленные вступившим в законную силу приговором суда заведомо ложные показания свидетеля, заведомо ложное заключение эксперта, заведомо неправильный перевод, подложность протокола об административном правонарушении либо предписания о необходимости уплаты штрафа, документов либо вещественных доказательств, повлекшие за собой вынесение незаконного либо необоснованного постановления;

3) установленные вступившим в законную силу приговором суда преступные действия участников производства по делам об административных правонарушениях, других лиц, участвующих в деле, либо их представителей или преступные деяния судей, уполномоченных органов (должностных лиц), совершенные при рассмотрении данного дела;

4) отмена решения, приговора, определения или постановления суда либо правового акта иного государственного органа (должностного лица), послужившего основанием к вынесению данного постановления;

5) признание Конституционным Судом Республики Казахстан неконституционным закона или иного нормативного правового акта, который был применен в данном деле об административном правонарушении.

Сноска. Статья 852 с изменениями, внесенными законами РК от 11.07.2017 № 91-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 05.11.2022 № 158-VII (вводится в действие с 01.01.2023).

Статья 853. Суды, уполномоченные органы (должностные лица), пересматривающие по вновь открывшимся обстоятельствам постановления по делам об административных правонарушениях, предписания о необходимости уплаты штрафа и постановления по результатам рассмотрения жалоб, протестов на них

Вступившие в законную силу постановление, предписание пересматриваются по вновь открывшимся обстоятельствам судом, уполномоченным органом (должностным лицом), вынесшим это решение.

В случаях пересмотра судом постановления, предписания органа (должностного лица) и оставления их без изменения пересмотр по вновь открывшимся обстоятельствам осуществляется судом, вынесшим данное решение.

Сноска. Статья 853 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 854. Подача заявления

1. Заявление о пересмотре постановления, предписания о необходимости уплаты штрафа по вновь открывшимся обстоятельствам подается лицом, привлеченным к административной ответственности, потерпевшим или их законными представителями, или прокурором в суд, орган (должностному лицу), вынесший постановление либо оформивший предписание.

2. Лицами, указанными в части первой настоящей статьи, заявление о пересмотре постановления, предписания по вновь открывшимся обстоятельствам может быть подано в течение трех месяцев со дня установления обстоятельств, служащих основанием для пересмотра.

Сноска. Статья 854 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 855. Форма и содержание заявления

1. Заявление о пересмотре постановления, предписания о необходимости уплаты штрафа по вновь открывшимся обстоятельствам подается в письменной форме. Заявление подписывается лицом, подающим заявление, или его уполномоченным представителем.

2. В заявлении о пересмотре по вновь открывшимся обстоятельствам должны быть указаны:

1) наименование суда, органа (должностного лица), в которые подается заявление;

2) сведения о лице, подающем заявление (для физических лиц – фамилия, имя, отчество (при его наличии), абонентский номер телефона, факса, сотовой связи и (или) электронный адрес (если они имеются);

для юридических лиц – наименование, место нахождения, номер и дата государственной регистрации (перерегистрации) юридического лица, абонентский номер телефона, факса, сотовой связи и (или) электронный адрес (если они имеются);

3) наименование суда, органа (должностного лица) принявших акт, о пересмотре которого по вновь открывшимся обстоятельствам ходатайствует заявитель; дата принятия данного акта;

4) требование лица, подающего заявление; вновь открывшееся обстоятельство, предусмотренное статьей 852 настоящего Кодекса и являющееся по мнению заявителя основанием для постановки вопроса о пересмотре постановления, предписания о необходимости уплаты штрафа по вновь открывшимся обстоятельствам, со ссылкой на документы, подтверждающие открытие или установление этого обстоятельства;

5) перечень прилагаемых документов.

3. К заявлению должны быть приложены:

1) копии документов, подтверждающих вновь открывшиеся обстоятельства;

Примечание ИЗПИ!
См. Нормативное постановление Конституционного Суда РК от 28.04.2023 № 12.

2) копия постановления, предписания о необходимости уплаты штрафа, о пересмотре которого ходатайствует заявитель;

3) документ, подтверждающий направление другим лицам, участвующим в деле, копий заявления и документов, которые у них отсутствуют;

4) доверенность или иной документ, подтверждающий полномочия лица на подписание заявления.

Сноска. Статья 855 с изменениями, внесенными законами РК от 31.10.2015 № 378-V (вводится в действие с 01.01.2016); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 856. Принятие заявления к производству суда, органа (должностного лица)

1. Заявление о пересмотре постановления, предписания о необходимости уплаты штрафа по вновь открывшимся обстоятельствам, поданное с соблюдением требований, предъявляемых к его форме и содержанию, принимается к производству соответствующего суда, органа (должностного лица).

2. Вопрос о принятии заявления к производству решается в течение трех суток со дня его поступления.

3. О принятии заявления к производству выносится определение, в котором указываются дата и место проведения заседания по рассмотрению заявления.

4. Копии определения направляются лицам, участвующим в деле.

Сноска. Статья 856 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 857. Возвращение заявления о пересмотре постановления, предписания о необходимости уплаты штрафа по вновь открывшимся обстоятельствам

Сноска. Заголовок статьи 857 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Судья соответствующего суда, должностное лицо уполномоченного органа возвращают заявителю поданное им заявление о пересмотре постановления, предписания о необходимости уплаты штрафа по вновь открывшимся обстоятельствам, если при решении вопроса о принятии его к производству установят, что:

1) заявление подано с нарушением правил, установленных статьей 855 настоящего Кодекса;

2) заявление подано после истечения установленного срока и отсутствует ходатайство о его восстановлении или в восстановлении пропущенного срока подачи заявления отказано;

3) не соблюдены требования, предъявляемые к форме и содержанию заявления.

2. О возвращении заявления выносится определение.

Копия определения направляется заявителю вместе с заявлением и прилагаемыми к нему документами не позднее следующего дня после дня его вынесения.

3. Определение о возвращении заявления может быть обжаловано, пересмотрено по ходатайству или протесту прокурора.

Сноска. Статья 857 с изменениями, внесенными законами РК от 11.07.2017 № 91-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 858. Исчисление срока для подачи заявления

Срок для подачи заявления исчисляется:

1) в случаях, предусмотренных подпунктом 1) части второй статьи 852 настоящего Кодекса, – со дня открытия обстоятельств, имеющих существенное значение для дела;

2) в случаях, предусмотренных подпунктами 2) и 3) части второй статьи 852 настоящего Кодекса, – со дня вступления в законную силу приговора суда;

3) в случаях, предусмотренных подпунктом 4) части второй статьи 852 настоящего Кодекса, – со дня вступления в законную силу приговора, решения, определения, постановления суда или правового акта иного государственного органа (должностного лица), на которых были основаны пересматриваемые постановление, предписание о необходимости уплаты штрафа;

4) в случаях, предусмотренных подпунктом 5) части второй статьи 852 настоящего Кодекса, – со дня принятия постановления Конституционного Суда Республики Казахстан о признании неконституционным закона или иного нормативного правового акта, который был применен в данном деле об административном правонарушении.

Сноска. Статья 858 с изменениями, внесенными законами РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 05.11.2022 № 158-VII (вводится в действие с 01.01.2023).

Статья 859. Рассмотрение заявления

Заявление о пересмотре постановления, предписания о необходимости уплаты штрафа по вновь открывшимся обстоятельствам суд, орган (должностное лицо) рассматривает на заседании. Заявитель и лица, участвующие в деле, извещаются о времени и месте заседания, однако их неявка не является препятствием к рассмотрению заявления.

Сноска. Статья 859 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 860. Постановление суда, уполномоченного органа (должностного лица) о пересмотре дела

1. Суд, орган (должностное лицо), рассмотрев заявление о пересмотре постановления, предписания о необходимости уплаты штрафа по вновь открывшимся обстоятельствам, удовлетворяет заявление и отменяет постановление, предписание либо отказывает в пересмотре.

2. Решения судов, органов (должностных лиц) об отмене постановления, предписания по вновь открывшимся обстоятельствам и об отказе в удовлетворении заявления о пересмотре постановления, предписания по вновь открывшимся обстоятельствам могут быть обжалованы и опротестованы в установленном порядке.

3. В случае отмены постановления, предписания дело рассматривается судом, органом (должностным лицом) по правилам, установленным настоящим Кодексом.

Сноска. Статья 860 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Глава 48. РЕБИЛИТАЦИЯ. ВОЗМЕЩЕНИЕ ВРЕДА, ПРИЧИНЕННОГО
НЕЗАКОННЫМИ ДЕЙСТВИЯМИ ОРГАНА (ДОЛЖНОСТНОГО ЛИЦА),
УПОЛНОМОЧЕННОГО РАССМАТРИВАТЬ ДЕЛА ОБ
АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ

Статья 861. Реабилитация путем признания невиновности лица, привлеченного к административной ответственности

1. Лицо, в отношении которого вынесено постановление судьи, органа (должностного лица), уполномоченных рассматривать дела об административных правонарушениях, о прекращении дела по основаниям, предусмотренным подпунктами 1) – 7) и 11) части первой статьи 741 настоящего Кодекса, считается невиновным и не может быть подвергнуто каким-либо ограничениям в правах и свободах, гарантированных Конституцией и законами Республики Казахстан.

2. Судья, орган (должностное лицо), уполномоченные рассматривать дела об административных правонарушениях, обязаны принять все предусмотренные законом меры по признанию лица, указанного в части первой настоящей статьи, невиновным и восстановлению личных неимущественных и имущественных прав, нарушенных в результате незаконных действий судьи, органа (должностного лица), уполномоченных рассматривать дела об административных правонарушениях.

Статья 862. Лица, имеющие право на возмещение вреда, причиненного в результате незаконных действий суда, органа (должностного лица), уполномоченных рассматривать дела об административных правонарушениях

1. Вред, причиненный лицу в результате незаконного применения мер обеспечения производства по делу, возмещается из республиканского бюджета в полном объеме независимо от вины судьи, органа (должностного лица), уполномоченных рассматривать дела об административных правонарушениях.

2. Право на возмещение вреда, причиненного в результате незаконных действий судьи, органа (должностного лица), уполномоченных рассматривать дела об административных правонарушениях, имеют:

1) лица, указанные в части первой статьи 745 настоящего Кодекса;

2) лица, в отношении которых производство по делу не должно было быть начато, а начатое подлежало прекращению по основаниям, предусмотренным подпунктами 1) – 7) и 11) части первой статьи 741 настоящего Кодекса, если производство по делу было начато несмотря на наличие обстоятельств, исключающих производство по делу об административном правонарушении, или не было прекращено с момента их выявления.

3. В случае смерти физического лица право на возмещение вреда в установленном порядке переходит к его наследникам.

4. Вред не подлежит возмещению лицу, если доказано, что оно в процессе производства по делу путем добровольного самооговора препятствовало установлению истины и тем самым способствовало наступлению последствий, указанных в части первой настоящей статьи.

5. Правила настоящей статьи при отсутствии обстоятельств, указанных в подпункте 2) части второй настоящей статьи, не распространяются на случаи, когда наложенные на лицо административные взыскания и другие меры административно-правового воздействия отменены или изменены ввиду истечения сроков давности, принятия закона, устраняющего административную ответственность или смягчающего административное взыскание.

Статья 863. Подлежащий возмещению вред

Лица, указанные в статье 862 настоящего Кодекса, имеют право на возмещение в полном объеме имущественного вреда, устранение последствий морального вреда и восстановление во всех утраченных или ущемленных правах.

Статья 864. Признание права на возмещение вреда

Приняв решение о полной или частичной реабилитации лица, судья или орган (должностное лицо), уполномоченный рассматривать дела об административных правонарушениях, обязан признать за ним право на возмещение вреда. Копия постановления о прекращении дела, об отмене или изменении иных незаконных решений вручается либо пересылается заинтересованному лицу по почте. Одновременно ему направляется извещение с разъяснением порядка возмещения вреда. При отсутствии сведений о месте жительства наследников, родственников или иждивенцев умершего лица, имеющего право на возмещение ущерба, извещение направляется им не позднее пяти суток со дня их обращения в орган (должностному лицу), уполномоченный рассматривать дела об административных правонарушениях.

Статья 865. Возмещение имущественного вреда

1. Имущественный вред, причиненный лицам, указанным в статье 862 настоящего Кодекса, включает в себя возмещение:

1) заработной платы, пенсии, пособий, иных средств и доходов, которых они лишились;

2) имущества, незаконно конфискованного на основании постановления судьи. При невозможности возврата имущества возвращается его стоимость;

3) штрафов, взысканных во исполнение незаконного постановления органа (должностного лица), уполномоченного решить дело; процессуальных издержек и иных сумм, выплаченных лицом в связи с незаконными действиями;

4) сумм, выплаченных лицом за оказание юридической помощи;

5) иных расходов, понесенных в результате незаконного привлечения к административной ответственности.

2. Суммы, затраченные на содержание лиц, указанных в части первой статьи 603 настоящего Кодекса, в местах исполнения административного ареста, процессуальные издержки, связанные с производством по делу, а равно заработок за выполнение этими лицами во время исполнения административного ареста каких-либо работ, не могут вычитаться из сумм, подлежащих выплате в возмещение вреда, причиненного в результате незаконных действий органа (должностного лица), уполномоченного рассматривать дела об административных правонарушениях.

3. При получении копии документов, указанных в статье 823 настоящего Кодекса, с извещением о порядке возмещения вреда лица, указанные в частях второй и третьей статьи 862 настоящего Кодекса, вправе обратиться с требованием о возмещении имущественного вреда в орган (должностному лицу), вынесший постановление о прекращении дела, отмене или изменении иных незаконных решений. Если дело прекращено вышестоящим органом (должностным лицом) или судом, требование о возмещении вреда направляется органу (должностному лицу), вынесшему незаконное постановление. Если дело, рассматривавшееся судьей, прекращено вышестоящим судом, требование о возмещении вреда направляется судье, вынесшему незаконное постановление. В случае реабилитации несовершеннолетнего требование о возмещении вреда может быть заявлено его законным представителем.

4. Не позднее одного месяца со дня поступления заявления орган (должностное лицо), указанный в части второй настоящей статьи, определяет размер вреда, запросив в необходимых случаях расчет от финансовых органов и органов социальной защиты, после чего выносит постановление о производстве выплат в возмещение этого вреда с учетом инфляции. Если дело прекращено судом, указанные действия производит судья, рассмотревший дело.

5. Копия постановления, заверенная гербовой печатью, вручается или направляется лицу для предъявления в органы, обязанные произвести выплату. Порядок выплаты определяется законодательством.

Статья 866. Устранение последствий морального вреда

1. Орган (должностное лицо), принявший решение о реабилитации лица, обязан принести ему в письменной форме официальные извинения за причиненный вред.

2. Иски о компенсации в денежном выражении за причиненный моральный вред предъявляются в порядке гражданского судопроизводства.

3. Если лицо было незаконно привлечено к административной ответственности, а сведения об этом были опубликованы в печати, распространены по радио, телевидению или иными средствами массовой информации, то по требованию этого лица, а в случае его смерти – по требованию его родственников или прокурора соответствующие средства массовой информации обязаны в течение одного месяца сделать об этом необходимое сообщение.

4. По требованию лиц, указанных в статье 862 настоящего Кодекса, орган (должностное лицо), уполномоченный рассматривать дела об административных правонарушениях, обязан в течение десяти суток направить письменное сообщение об отмене своих незаконных решений по месту их работы, учебы, жительства.

Статья 867. Сроки предъявления требований

1. Требования о производстве денежных выплат в возмещение имущественного вреда могут быть предъявлены в течение одного года с момента получения лицами, указанными в статье 862 настоящего Кодекса, постановления о производстве таких выплат.

2. Требования о восстановлении иных прав могут быть предъявлены в течение шести месяцев со дня получения извещения, разъясняющего порядок восстановления прав.

3. В случае пропуска этих сроков по уважительной причине они по заявлению заинтересованных лиц подлежат восстановлению органом (должностным лицом), уполномоченным рассматривать дела об административных правонарушениях.

Статья 868. Возмещение вреда юридическим лицам

Вред, причиненный юридическим лицам незаконными действиями органа (должностного лица), уполномоченного рассматривать дела об административных правонарушениях, подлежит восстановлению государством в полном объеме и сроки, установленные настоящей главой.

Статья 869. Восстановление прав в исковом порядке

Если требование о реабилитации или возмещении вреда не удовлетворено либо лицо не согласно с принятым решением, оно вправе обратиться в суд в порядке гражданского судопроизводства.

Глава 49. ОСОБЕННОСТИ ПРОИЗВОДСТВА ПО ДЕЛАМ ЛИЦ,
ОБЛАДАЮЩИХ ПРИВИЛЕГИЯМИ И ИММУНИТЕТОМ ОТ
АДМИНИСТРАТИВНОЙ ОТВЕТСТВЕННОСТИ

Статья 870. Условия и порядок производства по делу об административном правонарушении в отношении депутата Парламента Республики Казахстан

1. Депутат Парламента Республики Казахстан в течение срока своих полномочий не может быть подвергнут приводу, мерам административного взыскания, налагаемым в судебном порядке, без согласия соответствующей Палаты Парламента Республики Казахстан.

2. Для получения согласия на привлечение депутата к административной ответственности, влекущей наложение административного взыскания в судебном порядке, привод Генеральный Прокурор Республики Казахстан вносит представление в соответствующую Палату Парламента Республики Казахстан, депутатом которой является лицо, совершившее административное правонарушение. Представление вносится перед направлением дела об административном правонарушении в суд, а также решением вопроса о необходимости принудительного доставления депутата в суд, в орган (к должностному лицу), уполномоченный рассматривать дела об административных правонарушениях.

3. Решение соответствующей Палаты Парламента Республики Казахстан на представление, внесенное Генеральным Прокурором Республики Казахстан, выносится в сроки, установленные Конституционным законом Республики Казахстан "О Парламенте Республики Казахстан и статусе его депутатов".

4. Если соответствующая Палата Парламента Республики Казахстан дает согласие на привлечение депутата к административной ответственности, влекущей наложение административного взыскания в судебном порядке, дальнейшее производство по делу ведется в порядке, установленном настоящим Кодексом, с учетом особенностей, предусмотренных настоящей статьей.

5. Если соответствующая Палата Парламента Республики Казахстан дает согласие на привод, вопрос о применении к депутату этой меры обеспечения производства по делу об административном правонарушении решается в порядке, установленном настоящим Кодексом.

6. В случае, если соответствующая Палата Парламента Республики Казахстан не дала согласия на привлечение депутата к административной ответственности, влекущей наложение административного взыскания в судебном порядке, производство по делу подлежит прекращению по этому основанию.

7. В случае, если соответствующая Палата Парламента Республики Казахстан не дала согласия на привод, к депутату в установленном настоящим Кодексом порядке применяются иные меры обеспечения производства по делу об административном правонарушении.

8. Надзор за законностью рассмотрения дела об административном правонарушении в судебном порядке в отношении депутата Парламента Республики Казахстан осуществляет Генеральный Прокурор Республики Казахстан.

Статья 871. Условия и порядок производства по делу об административном правонарушении в отношении кандидата в Президенты Республики Казахстан, кандидата в депутаты Парламента Республики Казахстан

1. Кандидаты в Президенты Республики Казахстан, в депутаты Парламента Республики Казахстан со дня их регистрации и до опубликования итогов выборов, а также до их регистрации в качестве Президента, депутата Парламента не могут быть подвергнуты приводу, мерам административного взыскания, налагаемым в судебном порядке, без согласия Центральной избирательной комиссии Республики Казахстан.

2. Представление о привлечении кандидата в Президенты Республики Казахстан, в депутаты Парламента Республики Казахстан к административной ответственности вносится в Центральную избирательную комиссию Республики Казахстан Генеральным Прокурором Республики Казахстан перед направлением дела об административном правонарушении в суд.

3. Мотивированное решение Центральной избирательной комиссии Республики Казахстан на представление, внесенное Генеральным Прокурором Республики Казахстан, выносится в течение десяти суток со дня его поступления.

4. После получения Генеральным Прокурором Республики Казахстан решения Центральной избирательной комиссии Республики Казахстан дальнейшее производство по делу производится в порядке, установленном статьей 813 настоящего Кодекса.

Статья 872. Условия и порядок производства по делу об административном правонарушении в отношении Председателя, заместителя Председателя или судьи Конституционного Суда Республики Казахстан

Сноска. Заголовок статьи 872 с изменением, внесенным Законом РК от 05.11.2022 № 158-VII (вводится в действие с 01.01.2023).

1. Председатель, заместитель Председателя или судья Конституционного Суда Республики Казахстан в течение срока своих полномочий не могут быть подвергнуты приводу, мерам административного взыскания, налагаемым в судебном порядке, без согласия Парламента Республики Казахстан.

2. Для получения согласия на привлечение Председателя, заместителя Председателя или судьи Конституционного Суда Республики Казахстан к административной ответственности, влекущей наложение административного взыскания в судебном порядке, привод Генеральный Прокурор Республики Казахстан вносит представление в Парламент Республики Казахстан. Представление вносится перед направлением дела об административном правонарушении в суд, решением вопроса о необходимости принудительного доставления Председателя, заместителя Председателя или судьи Конституционного Суда Республики Казахстан в суд, в орган (к должностному лицу), уполномоченные рассматривать дела об административных правонарушениях.

3. После получения Генеральным Прокурором Республики Казахстан решения Парламента Республики Казахстан дальнейшее производство по делу производится в порядке, установленном статьей 813 настоящего Кодекса.

4. Исключен Законом РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).
Сноска. Статья 872 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 05.11.2022 № 158-VII (вводится в действие с 01.01.2023).

Статья 873. Условия и порядок производства по делу об административном правонарушении в отношении судьи

1. Судья не может быть арестован, подвергнут приводу, мерам административного взыскания, налагаемым в судебном порядке, без согласия Президента Республики Казахстан, основанного на заключении Высшего Судебного Совета Республики, либо в случае, установленном подпунктом 3) статьи 55 Конституции Республики Казахстан, без согласия Сената Парламента Республики Казахстан.

2. Для получения согласия на привлечение судьи к административной ответственности, влекущей наложение административного взыскания в судебном порядке, привод Генеральный Прокурор Республики Казахстан вносит представление Президенту Республики Казахстан, а в случае, предусмотренном подпунктом 3) статьи 55 Конституции, – в Сенат Парламента Республики Казахстан. Представление вносится перед направлением дела об административном правонарушении в суд, решением вопроса о необходимости принудительного доставления судьи в суд, орган (к должностному лицу), уполномоченные рассматривать дела об административных правонарушениях.

3. После получения Генеральным Прокурором Республики Казахстан решения Президента Республики Казахстан, Сената Парламента Республики Казахстан дальнейшее производство по делу производится в порядке, установленном статьей 813 настоящего Кодекса.

4. Оконченное производством дело об административном правонарушении в отношении судьи передается органом (должностным лицом), осуществлявшим это производство, в установленном настоящим Кодексом порядке в суд через Генерального Прокурора Республики Казахстан.

Статья 874. Условия и порядок производства по делу об административном правонарушении в отношении Генерального Прокурора Республики Казахстан

1. Генеральный Прокурор Республики Казахстан в течение срока своих полномочий не может быть подвергнут приводу, мерам административного взыскания, налагаемым в судебном порядке, без согласия Сената Парламента Республики Казахстан.

2. Для получения согласия на привлечение Генерального Прокурора Республики Казахстан к административной ответственности, влекущей наложение административного взыскания в судебном порядке, привод первый заместитель Генерального Прокурора вносит представление в Сенат Парламента Республики Казахстан. Представление вносится перед направлением дела об административном правонарушении в суд, решением вопроса о необходимости принудительного доставления Генерального Прокурора в суд, орган (к должностному лицу), уполномоченные рассматривать дела об административных правонарушениях.

3. После получения первым заместителем Генерального Прокурора Республики Казахстан решения Сената Парламента Республики Казахстан дальнейшее производство по делу осуществляется в порядке, установленном статьей 819 настоящего Кодекса.

4. Исключен Законом РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).

5. Надзор за законностью рассмотрения дела об административном правонарушении в судебном порядке в отношении Генерального Прокурора Республики Казахстан осуществляет его первый заместитель.

6. Исключен Законом РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).
Сноска. Статья 874 с изменениями, внесенными Законом РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015).

Статья 874-1. Условия и порядок производства по делу об административном правонарушении в отношении Уполномоченного по правам человека в Республике Казахстан

1. Уполномоченный по правам человека в Республике Казахстан в течение срока своих полномочий не может быть подвергнут приводу, мерам административного взыскания, налагаемым в судебном порядке, без согласия Сената Парламента Республики Казахстан.

2. Для получения согласия на привлечение Уполномоченного по правам человека в Республике Казахстан к административной ответственности, влекущей наложение административного взыскания в судебном порядке, привод Генеральный Прокурор Республики Казахстан вносит представление в Сенат Парламента Республики Казахстан. Представление вносится перед направлением дела об административном правонарушении в суд, решением вопроса о необходимости принудительного доставления Уполномоченного по правам человека в Республике Казахстан в суд, орган (к должностному лицу), уполномоченные рассматривать дела об административных правонарушениях.

3. После получения Генеральным Прокурором Республики Казахстан решения Сената Парламента Республики Казахстан дальнейшее производство по делу осуществляется в порядке, установленном статьей 819 настоящего Кодекса.

4. Надзор за законностью рассмотрения дела об административном правонарушении в судебном порядке в отношении Уполномоченного по правам человека в Республике Казахстан осуществляет Генеральный Прокурор Республики Казахстан.

Сноска. Глава 49 дополнена статьей 874-1 Закона РК от 29.12.2021 № 92-VII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); с изменениями, внесенными Законом РК от 05.11.2022 № 158-VII (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 875. Рассмотрение судьей дела об административном правонарушении в отношении депутата Парламента Республики Казахстан, Председателя, заместителя Председателя или судьи Конституционного Суда Республики Казахстан, судьи, Генерального Прокурора Республики Казахстан, Уполномоченного по правам человека в Республике Казахстан

Сноска. Заголовок с изменениями, внесенными законами РК от 29.12.2021 № 92-VII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 05.11.2022 № 158-VII (вводится в действие с 01.01.2023).

1. Рассмотрение дела производится по общим правилам с особенностями производства по делам лиц, обладающих привилегиями и иммунитетом от административной ответственности.

2. Судья вправе применить к депутату Парламента Республики Казахстан, Председателю, заместителю Председателя или судье Конституционного Суда Республики Казахстан, судье, Генеральному Прокурору Республики Казахстан, Уполномоченному по правам человека в Республике Казахстан в качестве меры обеспечения производства по делу об административном правонарушении привод, обратившись с представлением о даче согласия на это в порядке, предусмотренном соответственно частью второй статьи 870, частью второй статьи 874-1 настоящего Кодекса, если в даче согласия на привод государственными органами, указанными в пункте 4 статьи 52, пункте 5 статьи 71, пункте 2 статьи 79, пункте 3 статьи 83 Конституции Республики Казахстан, до рассмотрения дела судьей было отказано или такое согласие не испрашивалось.

Сноска. Статья 875 с изменениями, внесенными законами РК от 29.12.2021 № 92-VII (вводится в действие по истечении шести месяцев после дня его первого официального опубликования); от 05.11.2022 № 158-VII (вводится в действие с 01.01.2023).

Статья 876. Лица, обладающие дипломатическим иммунитетом от административной ответственности

1. В соответствии с законодательством Республики Казахстан и международными договорами, ратифицированными Республикой Казахстан, иммунитетом от административной ответственности в судебном порядке в Республике Казахстан пользуются следующие лица:

1) главы дипломатических представительств иностранных государств, члены дипломатического персонала этих представительств и члены их семей, если они проживают совместно с ними и не являются гражданами Республики Казахстан;

2) на основе взаимности сотрудники обслуживающего персонала дипломатических представительств и члены их семей, проживающие совместно с ними, если эти сотрудники и члены их семей не являются гражданами Республики Казахстан или не проживают постоянно в Казахстане, главы консульств и другие консульские должностные лица в отношении деяний, совершенных ими при исполнении служебных обязанностей, если иное не предусмотрено международным договором Республики Казахстан;

3) на основе взаимности сотрудники административно-технического персонала дипломатических представительств и члены их семей, проживающие совместно с ними, если эти сотрудники и члены их семей не являются гражданами Республики Казахстан или не проживают постоянно в Казахстане;

4) дипломатические курьеры;

5) главы и представители иностранных государств, члены парламентских и правительственных делегаций и, на основе взаимности, – сотрудники делегаций иностранных государств, прибывающие в Казахстан для участия в международных переговорах, международных конференциях и совещаниях или с другими официальными поручениями, либо следующие для тех же целей транзитом через территорию Республики Казахстан и члены семей указанных лиц, которые их сопровождают, если эти члены семей не являются гражданами Республики Казахстан;

6) главы, члены и персонал представительств иностранных государств в международных организациях, должностные лица этих организаций, находящиеся на территории Республики Казахстан, на основе международных договоров или общепризнанных международных обычаев;

7) главы дипломатических представительств, члены дипломатического персонала представительств иностранных государств в третьей стране, проезжающие транзитом через территорию Республики Казахстан, и члены их семей, которые сопровождают указанных лиц или следуют отдельно, для того чтобы присоединиться к ним или возвратиться в свою страну;

8) иные лица в соответствии с международным договором Республики Казахстан.

2. Лица, указанные в подпунктах 1), 4) – 7) части первой настоящей статьи, а также иные лица в соответствии с международным договором Республики Казахстан могут привлекаться к административной ответственности лишь в случае, если иностранное государство предоставит определенно выраженный отказ от иммунитета от административной ответственности. Вопрос о таком отказе разрешается по представлению Генерального Прокурора Республики Казахстан через Министерство иностранных дел Республики Казахстан дипломатическим путем. При отсутствии отказа соответствующего иностранного государства от иммунитета указанных лиц административное производство в отношении них не может быть начато, а начатое – подлежит прекращению.

3. Правила части второй настоящей статьи не распространяются на лиц, указанных в подпунктах 2) и 3) части первой настоящей статьи, за исключением случаев, когда совершенное этими лицами правонарушение связано с исполнением ими своих служебных обязанностей и не направлено против интересов Республики Казахстан, если иное не предусмотрено международным договором Республики Казахстан.

Статья 877. Досмотр, административное задержание и привод лиц, пользующихся дипломатическим иммунитетом

1. Лица, перечисленные в подпунктах 1), 4) – 7) части первой статьи 876 настоящего Кодекса, а также иные лица в соответствии с международным договором Республики Казахстан пользуются личной неприкосновенностью. При наличии при них документов, подтверждающих их статус лиц, пользующихся дипломатическим иммунитетом, они не могут быть подвергнуты личному досмотру, задержаны или подвергнуты приводу за совершение административного правонарушения. Не может быть произведен также досмотр находящихся при них вещей.

2. Если иностранное государство предоставит определенно выраженный отказ от иммунитета от административной ответственности лиц, указанных в подпунктах 1), 4) – 7) части первой статьи 876, производство по делу осуществляется в общем порядке.

Статья 878. Дипломатический иммунитет от дачи показаний

1. Лица, перечисленные в подпунктах 1), 3) – 6) части первой статьи 876 настоящего Кодекса, а также иные лица в соответствии с международным договором Республики Казахстан могут не давать показания в качестве свидетеля, потерпевшего, а при согласии давать такие показания не обязаны для этого являться к судье, в орган (к должностному лицу), рассматривающим дело об административном правонарушении. Вызов для опроса, врученный указанным лицам, не должен содержать предупреждения о возможности применения принудительных мер за их неявку.

2. В случае, если эти лица в ходе административного производства давали показания как потерпевшие, свидетели, а на рассмотрение дела не явились, судья, орган (должностное лицо), рассматривающие дело об административном правонарушении, оглашают их показания.

3. Лица, указанные в подпункте 2) части первой статьи 876 настоящего Кодекса, не могут отказаться давать показания как свидетели и потерпевшие, кроме показаний по вопросам, связанным с исполнением ими служебных обязанностей. В случае отказа консульских должностных лиц давать свидетельские показания к ним не могут быть применены меры обеспечения по делу об административном правонарушении.

4. Лица, пользующиеся дипломатическим иммунитетом, не обязаны представлять судье, органу (должностному лицу), рассматривающим дело об административном правонарушении, корреспонденцию и другие документы, относящиеся к исполнению ими служебных обязанностей.

Статья 879. Дипломатический иммунитет помещений и документов

1. Резиденция главы дипломатического представительства, помещения, занимаемые дипломатическим представительством, жилые помещения членов дипломатического персонала и членов их семей, имущество, находящееся у них, и средства передвижения являются неприкосновенными. Доступ в эти помещения, их осмотр, а также досмотр средств передвижения могут производиться только с согласия главы дипломатического представительства или лица, его заменяющего.

2. На основе взаимности иммунитет, предусмотренный частью первой настоящей статьи, распространяется на жилые помещения, занимаемые сотрудниками обслуживающего персонала дипломатического представительства и членами их семей, которые проживают совместно с ними, если эти сотрудники и члены их семей не являются гражданами Республики Казахстан.

3. Помещение, занимаемое консульством, и резиденция главы консульства пользуются на основе взаимности неприкосновенностью. Доступ в эти помещения, их осмотр могут иметь место только по просьбе или с согласия главы консульства или дипломатического представительства соответствующего иностранного государства.

4. Архивы, официальная переписка и другие документы дипломатических представительств и консульств являются неприкосновенными. Они не могут быть подвергнуты осмотру и изъятию без согласия главы дипломатического представительства, консульства. Дипломатическая почта не подлежит распечатыванию и задержанию.

5. Согласие главы дипломатического представительства или консульства на доступ в помещения, указанные частями первой, второй и третьей настоящей статьи, производство в них осмотра, а также на осмотр и выемку документов, указанных в части четвертой настоящей статьи, запрашивается прокурором через Министерство иностранных дел Республики Казахстан.

6. В случае получения просьбы или согласия главы дипломатического представительства или консульства на доступ в помещения, производство в них осмотра, а также осмотр и выемка документов, указанных в части четвертой настоящей статьи, проводятся в присутствии прокурора и представителя Министерства иностранных дел Республики Казахстан.

Глава 50. ВЗАИМОДЕЙСТВИЕ ОРГАНОВ, ОСУЩЕСТВЛЯЮЩИХ ПРОИЗВОДСТВО
ПО ДЕЛАМ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ, С КОМПЕТЕНТНЫМИ
УЧРЕЖДЕНИЯМИ И ДОЛЖНОСТНЫМИ ЛИЦАМИ ИНОСТРАННЫХ ГОСУДАРСТВ
ПО ДЕЛАМ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ

Статья 880. Общие условия оказания правовой помощи по делам об административных правонарушениях

1. В порядке оказания правовой помощи судам, органам (должностным лицам) иностранных государств, с которыми Республикой Казахстан заключен международный договор о правовой помощи, либо на основе взаимности могут быть проведены действия, предусмотренные настоящим Кодексом, а также и иные действия, предусмотренные другими законами и международными договорами Республики Казахстан.

2. В случае, если положения международного договора, ратифицированного Республикой Казахстан, противоречат настоящему Кодексу, применяются положения международного договора.

3. Расходы, связанные с оказанием правовой помощи, несет запрашиваемое учреждение на территории своего государства, если иное не предусмотрено международным договором Республики Казахстан.

Статья 881. Направление запросов о предоставлении информации и документов и поручений о проведении отдельных процессуальных действий

1. Запросы о предоставлении информации и документов, поручения о проведении отдельных процессуальных действий могут направляться между судами, органами (должностными лицами) в случаях, предусмотренных международными договорами, ратифицированными Республикой Казахстан.

2. В случаях, когда невозможно определить, в какой суд, орган нужно направить запрос о предоставлении информации и документов, поручение о проведении отдельных процессуальных действий, они направляются в центральный орган запрашиваемой Стороны.

3. Запрос о предоставлении информации и документов, поручение о проведении отдельных процессуальных действий оформляются в письменной форме на бланке органа и должны содержать:

1) наименование запрашиваемого органа соответствующей Стороны;

2) наименование запрашивающего органа соответствующей Стороны;

3) подробное описание правонарушения и иных относящихся к нему фактов, данные о стоимости товаров, о размере ущерба, юридическую квалификацию деяния в соответствии с законодательством запрашивающей Стороны с приложением текста применяемого закона;

4) имена, отчества (при их наличии) и фамилии лиц, в отношении которых ведется производство по делу об административном правонарушении, свидетелей, их место жительства или место пребывания, гражданство, род занятия, место и дату рождения, для юридических лиц – их полное наименование и место нахождения (если о перечисленных сведениях имеется информация);

5) в поручении о вручении документа должны быть также указаны точный адрес получателя и наименование вручаемого документа;

6) перечень сведений и действий, подлежащих представлению либо исполнению (для производства опроса необходимо указать, какие обстоятельства должны быть выяснены и уточнены, а также последовательность и формулировку вопросов, которые должны быть поставлены опрашиваемому).

4. Запрос о предоставлении информации и документов, поручение о проведении отдельных процессуальных действий могут также содержать:

1) указание срока исполнения требуемых мероприятий;

2) ходатайство о проведении указанных в запросе мероприятий в определенном порядке;

3) ходатайство о предоставлении возможности представителям органов запрашивающей Стороны присутствовать при выполнении указанных в запросе мероприятий, а также, если это не противоречит законодательству Сторон, участвовать в их выполнении;

4) иные ходатайства, связанные с выполнением запроса, поручения.

5. Запрос о предоставлении информации и документов, поручение о проведении отдельных процессуальных действий подписываются руководителем запрашивающего органа или его заместителем. К запросу, поручению должны быть приложены имеющиеся копии документов, на которые имеются ссылки в тексте запроса, поручения, копии иных документов, необходимых для их надлежащего исполнения.

6. Органы Сторон могут отправлять процессуальные документы по почте непосредственно участникам производства по делам об административных правонарушениях, находящимся на территории другой Стороны.

7. Допускается направление повторного запроса о предоставлении информации и документов, поручения о проведении отдельных процессуальных действий по делам об административных правонарушениях при необходимости получения дополнительных сведений, уточнения информации, полученной в рамках исполнения предыдущего запроса или поручения.

Статья 882. Порядок исполнения запросов о предоставлении информации и документов и поручений о проведении отдельных процессуальных действий

1. Суд, орган (должностное лицо) исполняют переданные им в установленном порядке поручения соответствующих учреждений и должностных лиц иностранных государств о производстве процессуальных действий по общим правилам настоящего Кодекса.

2. При исполнении поручения могут быть применены процессуальные нормы иностранного государства, если это предусмотрено международным договором Республики Казахстан с этим государством.

3. В случаях, предусмотренных международным договором, при исполнении поручения может присутствовать представитель компетентного учреждения другого государства.

4. Если запрос (поручение) не может быть исполнено, полученные документы возвращаются иностранному учреждению, от которого исходило поручение, с указанием причин, воспрепятствовавших его исполнению. Поручение возвращается, если его исполнение может нанести ущерб суверенитету или безопасности либо противоречит законодательству Республики Казахстан.

РАЗДЕЛ 5. ИСПОЛНЕНИЕ ПОСТАНОВЛЕНИЙ О НАЛОЖЕНИИ
АДМИНИСТРАТИВНЫХ ВЗЫСКАНИЙ
Глава 51. ОСНОВНЫЕ ПОЛОЖЕНИЯ

Статья 883. Вступление постановления по делу об административном правонарушении, предписания о необходимости уплаты штрафа в законную силу

Постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа вступают в законную силу:

1) после истечения срока, установленного для обжалования постановления по делу об административном правонарушении, предписания о необходимости уплаты штрафа, если оно не было обжаловано или опротестовано;

2) немедленно после вынесения постановления по жалобе, протесту, а также постановления в случае, предусмотренном статьей 839 настоящего Кодекса;

3) немедленно в случае, предусмотренном абзацем первым части второй статьи 811 настоящего Кодекса;

3-1) немедленно по письменному ходатайству лица, в отношении которого ведется производство по делу, и потерпевшего, предусмотренных статьями 744 и 745 настоящего Кодекса;

4) после оглашения постановления о выдворении иностранца или лица без гражданства за пределы Республики Казахстан.

Сноска. Статья 883 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 884. Обязательность постановления о наложении административного взыскания, предписания о необходимости уплаты штрафа

Сноска. Заголовок статьи 884 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Постановление о наложении административного взыскания, предписание о необходимости уплаты штрафа обязательны для исполнения всеми государственными органами, органами местного самоуправления, должностными лицами, физическими лицами и их объединениями, юридическими лицами.

2. Постановление о наложении административного взыскания, предписание о необходимости уплаты штрафа подлежат исполнению с момента вступления их в законную силу.

3. Постановление о наложении административного взыскания в виде лишения специального права и административного ареста подлежит исполнению с момента его вынесения.

Сноска. Статья 884 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 885. Обращение постановления о наложении административного взыскания, предписания о необходимости уплаты штрафа к исполнению

Обращение постановления о наложении административного взыскания, предписания о необходимости уплаты штрафа к исполнению возлагается на судью, орган (должностное лицо), вынесшие постановление, или орган, оформивший предписание. Постановление направляется органу (должностному лицу), уполномоченному приводить его в исполнение, в течение суток со дня вступления его в законную силу. Постановление о наложении административного взыскания в виде лишения специального права направляется органам, уполномоченным приводить его в исполнение, немедленно после его вынесения.

Сноска. Статья 885 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 886. Приведение в исполнение постановления о наложении административного взыскания, предписания о необходимости уплаты штрафа

Сноска. Заголовок статьи 886 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Постановление о наложении административного взыскания, предписание о необходимости уплаты штрафа приводятся в исполнение уполномоченными органами в порядке, установленном настоящим Кодексом.

2. В случае вынесения нескольких постановлений о наложении административных взысканий, предписаний о необходимости уплаты штрафа в отношении одного лица каждое постановление, предписание приводится в исполнение самостоятельно.

3. Уклонение лица от административного взыскания влечет исполнение этого взыскания в принудительном порядке в соответствии с законодательством.

Сноска. Статья 886 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 887. Разрешение вопросов, связанных с исполнением постановления о наложении административного взыскания, предписания о необходимости уплаты штрафа

Сноска. Заголовок статьи 887 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. На орган (должностное лицо), вынесший постановление о наложении административного взыскания, или орган, оформивший предписание о необходимости уплаты штрафа, возлагается разрешение вопросов, связанных с исполнением этого постановления, предписания, и контроль за его исполнением.

2. Вопросы об отсрочке, рассрочке, приостановлении или прекращении исполнения постановления о наложении административного взыскания, предписания о необходимости уплаты штрафа, а также взыскании штрафа, наложенного на несовершеннолетнее лицо, с его родителей или лиц, их заменяющих, рассматриваются судьей, органом (должностным лицом), вынесшим постановление, оформившим предписание, в трехдневный срок со дня возникновения основания для разрешения соответствующего вопроса.

3. Лица, заинтересованные в разрешении вопросов, указанных в части второй настоящей статьи, извещаются о месте и времени их рассмотрения. При этом неявка заинтересованных лиц без уважительных причин не является препятствием для разрешения соответствующих вопросов. При рассмотрении вопроса об уклонении от отбывания административного ареста присутствие лица, подвергнутого административному аресту, является обязательным.

4. Решение по вопросам, указанным в части второй настоящей статьи, принимается в виде постановления.

5. Копия постановления немедленно вручается физическому лицу или представителю юридического лица, в отношении которого оно вынесено, а также потерпевшему по его просьбе под расписку. В случае отсутствия указанных лиц копия постановления высылается в течение трех дней со дня его вынесения, о чем производится соответствующая запись в деле.

Сноска. Статья 887 с изменениями, внесенными Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 888. Отсрочка и рассрочка исполнения постановления о наложении административного взыскания, предписания о необходимости уплаты штрафа

При наличии обстоятельств, делающих исполнение предписания о необходимости уплаты штрафа, постановления о наложении административного взыскания в виде административного ареста, лишения специального права или штрафа невозможным в установленные законом сроки, судья, орган (должностное лицо), вынесший постановление, или орган, оформивший предписание, могут по заявлению лица, в отношении которого вынесено постановление, оформлено предписание, отсрочить исполнение постановления, предписания на срок до одного месяца. С учетом материального положения лица, привлеченного к административной ответственности, уплата штрафа может быть рассрочена судьей, органом (должностным лицом), вынесшим постановление, или органом, оформившим предписание, на срок до трех месяцев.

Сноска. Статья 888 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 889. Освобождение от исполнения административного взыскания

Судья, орган (должностное лицо), вынесший постановление о наложении административного взыскания, или орган, оформивший предписание о необходимости уплаты штрафа, прекращает исполнение постановления, предписания и освобождает от административного взыскания в случаях:

1) отмены закона или отдельных его положений, устанавливающих административную ответственность;

2) предусмотренных частью второй статьи 8 настоящего Кодекса;

3) смерти лица, привлеченного к административной ответственности, или объявления его в установленном законом порядке умершим;

4) истечения срока давности исполнения постановления о наложении административного взыскания, предписания о необходимости уплаты штрафа, установленного статьей 890 настоящего Кодекса;

5) предусмотренных законодательным актом Республики Казахстан о введении в действие Кодекса Республики Казахстан "О налогах и других обязательных платежах в бюджет" (Налоговый кодекс).

Сноска. Статья 889 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 890. Давность исполнения постановления по делу об административном правонарушении, предписания о необходимости уплаты штрафа

Сноска. Заголовок статьи 890 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Постановление по делу об административном правонарушении, предписание о необходимости уплаты штрафа не подлежит исполнению, если оно не было приведено в исполнение в течение года со дня его вступления в законную силу, а за правонарушения в области налогообложения и антимонопольного законодательства Республики Казахстан – в течение пяти лет со дня вступления его в законную силу.

2. В случае приостановления исполнения постановления в соответствии со статьей 834 настоящего Кодекса течение давностного срока приостанавливается до рассмотрения жалобы, апелляционного ходатайства, протеста прокурора.

3. Течение срока давности, предусмотренного в части первой настоящей статьи, прерывается, если лицо, привлеченное к административной ответственности, уклоняется от его исполнения. Исчисление срока давности в этом случае возобновляется со дня обнаружения этого лица.

4. В случае отсрочки исполнения постановления в соответствии со статьей 888 настоящего Кодекса течение давностного срока приостанавливается до истечения срока отсрочки, а при рассрочке исполнения постановления течение срока давности продлевается на срок рассрочки.

Сноска. Статья 890 с изменениями, внесенными законами РК от 29.10.2015 № 376-V (вводится в действие с 01.01.2016); от 11.07.2017 № 91-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 891. Окончание производства по исполнению постановления о наложении административного взыскания

1. Постановление о наложении административного взыскания, по которому взыскание произведено полностью, с отметкой о произведенном взыскании возвращается органом, исполнившим постановление, судье, органу (должностному лицу), вынесшим постановление.

2. Постановление о наложении административного взыскания, по которому не производилось исполнение или исполнение произведено не полностью, возвращается органу (должностному лицу), вынесшему постановление, составившему протокол об административном правонарушении, в случаях и порядке, предусмотренных Законом Республики Казахстан "Об исполнительном производстве и статусе судебных исполнителей".

Глава 52. ПОРЯДОК ИСПОЛНЕНИЯ ОТДЕЛЬНЫХ ВИДОВ
АДМИНИСТРАТИВНЫХ ВЗЫСКАНИЙ

Статья 892. Исполнение постановления о наложении административного взыскания в виде предупреждения

Сноска. Заголовок статьи 892 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Постановление о наложении административного взыскания в виде предупреждения исполняется судьей, органом (должностным лицом), вынесшими постановление, путем вручения или направления копии постановления в соответствии со статьей 823 настоящего Кодекса.

Сноска. Статья 892 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 893. Добровольное исполнение постановления о наложении штрафа, предписания о необходимости уплаты штрафа

1. Штраф подлежит уплате лицом, привлеченным к административной ответственности, не позднее тридцати суток со дня вступления постановления о наложении штрафа, предписания о необходимости уплаты штрафа в законную силу.

В случае отсрочки, предусмотренной статьей 888 настоящего Кодекса, штраф подлежит уплате лицом, привлеченным к административной ответственности, со дня истечения срока отсрочки.

2. Штраф, наложенный за совершение административного правонарушения, вносится физическим лицом или перечисляется юридическим лицом в государственный бюджет в порядке, установленном законодательством Республики Казахстан.

Сноска. Статья 893 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 894. Принудительное исполнение постановления о наложении штрафа на физическое лицо, индивидуального предпринимателя, частного нотариуса, частного судебного исполнителя и адвоката, предписания о необходимости уплаты штрафа

Сноска. Заголовок статьи 894 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Постановление о наложении штрафа или предписание о необходимости уплаты штрафа направляется судом, уполномоченным органом (должностным лицом) администрации организации, где лицо, привлеченное к ответственности, работает либо получает вознаграждение, пенсию, стипендию, для удержания суммы штрафа в принудительном порядке из его заработной платы или иных доходов. Удержание штрафа производится в срок, не превышающий шести месяцев. Очередность взыскания штрафа производится в порядке, предусмотренном Гражданским кодексом Республики Казахстан.

2. В случаях увольнения лица, привлеченного к ответственности, с работы либо невозможности взыскания штрафа из его заработной платы или иных доходов администрация организации в десятидневный срок со дня увольнения или наступления события, влекущего невозможность взыскания, возвращает постановление о наложении штрафа, предписание о необходимости уплаты штрафа суду, органу (должностному лицу), вынесшим постановление, с указанием нового места работы лица, привлеченного к ответственности (если оно известно), причин невозможности взыскания, а также с отметкой о произведенных удержаниях (если таковые производились).

3. Если физическое лицо, подвергнутое штрафу, не работает или взыскание штрафа из заработной платы или иных доходов невозможно по другим причинам, постановление о наложении штрафа, предписание о необходимости уплаты штрафа направляются судом, уполномоченным органом, вынесшими постановление, судебному исполнителю для принудительного исполнения в порядке, предусмотренном законодательством Республики Казахстан.

4. Постановление о наложении штрафа по административным правонарушениям, рассматриваемым органами государственных доходов, а также по иным административным правонарушениям в области налогообложения в отношении индивидуальных предпринимателей, частных нотариусов, частных судебных исполнителей и адвокатов исполняется органами государственных доходов в порядке, установленном налоговым законодательством Республики Казахстан.

Сноска. Статья 894 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 895. Принудительное исполнение постановления о наложении штрафа на юридическое лицо

1. Постановление о наложении штрафа направляется судом, уполномоченным органом (должностным лицом) судебному исполнителю для изъятия денег с банковского счета юридического лица без его согласия в порядке, установленном гражданским законодательством Республики Казахстан, законодательством Республики Казахстан о платежах и платежных системах, исполнительном производстве и статусе судебных исполнителей.

Постановление о наложении штрафа по административным правонарушениям, рассматриваемым органами государственных доходов, а также по иным административным правонарушениям в области налогообложения исполняется органами государственных доходов в порядке, установленном налоговым законодательством Республики Казахстан.

2. Банк или организация, осуществляющая иные виды банковских операций, обязаны перечислить сумму штрафа в бюджет в установленном порядке.

3. В случае отсутствия денег на счетах юридического лица судебный исполнитель обращает взыскание на другое принадлежащее должнику имущество в соответствии с законами Республики Казахстан.

Сноска. Статья 895 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 26.07.2016 № 12-VІ (вводится в действие по истечении тридцати календарных дней после дня его первого официального опубликования).

Статья 896. Порядок направления постановления о наложении штрафа, предписания о необходимости уплаты штрафа на принудительное исполнение

Сноска. Заголовок статьи 896 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

1. Постановление о наложении штрафа или предписание о необходимости уплаты штрафа направляется в органы юстиции, региональные палаты частных судебных исполнителей в порядке, установленном Законом Республики Казахстан "Об исполнительном производстве и статусе судебных исполнителей", в течение десяти дней после истечения срока добровольного исполнения постановления о наложении штрафа или предписания о необходимости уплаты штрафа.

Постановление о наложении штрафа или предписание о необходимости уплаты штрафа может быть направлено на принудительное исполнение в форме электронного документа, который удостоверяется электронной цифровой подписью судьи, должностного лица уполномоченного органа.

При направлении в органы юстиции, региональные палаты частных судебных исполнителей постановления о наложении штрафа или предписания о необходимости уплаты штрафа к нему прилагаются сведения о непоступлении суммы штрафа в доход государства.

2. Постановление о наложении штрафа, предписание о необходимости уплаты штрафа, направленные на принудительное исполнение с нарушением требований настоящего Кодекса, подлежат возвращению в государственный орган, наложивший административное взыскание.

3. Возвращение постановления о наложении штрафа, предписания о необходимости уплаты штрафа органу, наложившему административное взыскание, не является препятствием для повторного направления их на принудительное исполнение с устраненными недостатками.

Сноска. Статья 896 с изменениями, внесенными законами РК от 29.10.2015 № 376-V (вводится в действие с 01.01.2016); от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 18.07.2024 № 127-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 897. Порядок исполнения отдельных видов административных взысканий

1. Лицо, признавшее факт совершения правонарушения и согласное с уплатой штрафа на основании полученных уведомления и (или) извещения о явке в орган государственных доходов, направленных (врученных) органом государственных доходов в соответствии с законодательством Республики Казахстан, уплачивает штраф в течение десяти суток со дня, следующего за днем получения (вручения) уведомления или извещения в размере пятидесяти процентов от указанной в санкции статьи Особенной части настоящего Кодекса суммы штрафа.

1-1. Положение части первой настоящей статьи в части сокращения размера административного штрафа не распространяется на административные правонарушения, предусмотренные статьями 91 (частями шестой, седьмой, и восьмой), 92 (частями второй, третьей и четвертой), 92-1, 266, 275 (частями первой, второй и пятой), 278 (частями второй и третьей), 279 (частью первой), 280, 282 (частью пятой), 537, 551 настоящего Кодекса.

2. Документы, указанные в части первой настоящей статьи, также содержат сведения о дате выдачи, должности, фамилии, инициалах должностного лица, наложившего взыскание, сведения о лице, привлекаемом к административной ответственности, статье настоящего Кодекса, предусматривающей ответственность за данное правонарушение, времени и месте совершения административного правонарушения, сумме административного штрафа, реквизитах для уплаты штрафа.

3. В случае неисполнения требования, установленного частью первой настоящей статьи, производство по делу об административном правонарушении осуществляется в порядке, предусмотренном настоящим Кодексом.

Сноска. Статья 897 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 898. Окончание производства по исполнению постановления о наложении штрафа

Постановление о наложении штрафа, по которому взыскание штрафа произведено полностью, с отметкой об исполнении возвращается органу (должностному лицу), вынесшему постановление.

Статья 899. Исполнение постановления о конфискации предмета, явившегося орудием либо предметом совершения административного правонарушения, а равно имущества, полученного вследствие совершения административного правонарушения

1. Постановление судьи о конфискации предмета, явившегося орудием либо предметом совершения административного правонарушения, а также имущества, в том числе доходов (дивидендов), денег и ценных бумаг, полученных вследствие совершения административного правонарушения, исполняется в порядке, предусмотренном законодательством, судебным исполнителем, а о конфискации оружия, боевых припасов, специальных технических средств для проведения специальных оперативно-розыскных мероприятий и криптографических средств защиты информации и наркотических средств – органом внутренних дел.

2. Реализация или дальнейшее использование конфискованного предмета, явившегося орудием либо предметом совершения административного правонарушения, производится в порядке, установленном Правительством Республики Казахстан.

Статья 900. Органы, исполняющие постановление о лишении специального права

1. Постановление судьи о лишении права управления транспортными средствами, за исключением тракторов, самоходных машин и других видов техники, исполняется должностными лицами органов внутренних дел.

2. Постановление судьи о лишении права управления трактором, самоходной машиной или другими видами техники исполняется должностными лицами органов, осуществляющих государственный надзор за техническим состоянием самоходных машин и других видов техники.

3. Постановление судьи о лишении права управления судами, в том числе маломерными, исполняется должностными лицами органов, осуществляющих государственный надзор за соблюдением правил пользования судами, в том числе маломерными.

4. Исключен Законом РК от 28.12.2017 № 128-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

5. Постановление судьи о лишении права охоты исполняется должностными лицами органов, осуществляющих государственный надзор за соблюдением правил охоты.

6. Постановление суда о лишении права ношения и хранения оружия исполняется должностными лицами органов внутренних дел.

Сноска. Статья 900 с изменением, внесенным Законом РК от 28.12.2017 № 128-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 901. Порядок исполнения постановления о лишении специального права

1. Исполнение постановления о лишении права управления транспортными средствами, судами или иными видами техники производится путем изъятия соответственно водительского удостоверения, удостоверения на право управления судами, в том числе маломерными, или удостоверения тракториста-машиниста (тракториста), если водитель, судоводитель или тракторист-машинист (тракторист) лишены права управления всеми видами транспортных средств, судов (в том числе маломерных) и другой техники.

2. Если водитель, судоводитель или тракторист-машинист (тракторист) лишены права управления не всеми видами транспортных средств, судов, в том числе маломерных, или иной техники, то в водительском удостоверении, удостоверении на право управления маломерным судном или в удостоверении тракториста-машиниста (тракториста) отмечается, какими видами транспортных средств, маломерных судов, самоходных устройств они лишены права управления.

3. Порядок изъятия удостоверения на право управления транспортными средствами или судном устанавливается уполномоченным органом.

4. В случае уклонения водителя (судоводителя) или тракториста-машиниста (тракториста), лишенных права управления транспортными средствами, судном либо права управления трактором или иной самоходной машиной, от сдачи водительского удостоверения, удостоверения на право управления судном или удостоверения тракториста-машиниста (тракториста) органы внутренних дел, органы, осуществляющие государственный надзор за соблюдением правил пользования судами, в том числе маломерными, а также органы, осуществляющие государственный надзор за техническим состоянием самоходных машин и других видов техники, производят изъятие водительского удостоверения, удостоверения на право управления судном или удостоверения тракториста-машиниста (тракториста) в установленном порядке.

5. По истечении срока лишения специального права лицу, подвергнутому данному виду административного взыскания, изъятые документы возвращаются в установленном порядке.

Статья 902. Порядок исполнения постановления о лишении права охоты

1. Исполнение постановления о лишении права охоты производится путем изъятия охотничьего билета.

2. В случае уклонения лица, лишенного права охоты, от сдачи охотничьего билета изъятие охотничьего билета органами, осуществляющими государственный надзор за соблюдением правил охоты, производится в установленном порядке.

Статья 903. Порядок исполнения постановления о лишении права на эксплуатацию радиоэлектронных средств или высокочастотных устройств

Сноска. Статья 903 исключена Законом РК от 28.12.2017 № 128-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 904. Порядок исполнения постановления о лишении права ношения и хранения оружия

Исполнение постановления о лишении права ношения и хранения оружия производится путем изъятия органами внутренних дел соответствующего удостоверения и оружия в порядке, предусмотренном законодательством.

Статья 905. Исполнение постановления о лишении разрешения либо приостановлении его действия

Постановление о лишении физического лица, индивидуального предпринимателя или юридического лица разрешения либо приостановлении его действия приводится в исполнение в порядке, установленном настоящим Кодексом и законодательством о разрешениях и уведомлениях.

Статья 906. Органы, исполняющие постановление о лишении разрешения либо приостановлении его действия

Постановление о лишении физического лица, индивидуального предпринимателя или юридического лица разрешения либо приостановлении его действия приводится в исполнение должностными лицами органов, выдавших разрешение.

Статья 907. Порядок исполнения постановления о лишении разрешения либо приостановлении его действия

1. Исполнение постановления о лишении физического лица, индивидуального предпринимателя или юридического лица разрешения производится путем изъятия разрешения и (или) исключения разрешения из государственного электронного реестра разрешений и уведомлений.

2. В случае уклонения физического лица, индивидуального предпринимателя или юридического лица от сдачи разрешения орган, выдавший разрешение, принимает предусмотренные законодательством меры к изъятию разрешения и исключению разрешения из государственного электронного реестра разрешений и уведомлений.

Статья 908. Исчисление сроков лишения разрешения либо приостановления его действия

1. Срок лишения разрешения либо приостановления его действия исчисляется со дня вступления постановления о лишении (приостановлении действия) разрешения в законную силу.

2. По истечении срока лишения разрешения на определенный вид деятельности лицо, подвергнутое данной мере административного взыскания, получает лицензию в установленном законодательством порядке.

По истечении срока приостановления действия разрешения лицу, подвергнутому данной мере административного взыскания, возвращается в установленном порядке изъятое у него разрешение.

3. Действие разрешения приостанавливается со дня, указанного в постановлении о наложении административного взыскания, и на срок, указанный в нем.

Статья 909. Исполнение постановления о приостановлении либо запрещении деятельности

1. Постановление о наложении административного взыскания в виде приостановления либо запрещения деятельности юридического лица или индивидуального предпринимателя выносится судьей, органом (должностным лицом), уполномоченным рассматривать дела об административных правонарушениях, и подлежит исполнению незамедлительно по вступлении решения в законную силу учредителем юридического лица или индивидуальным предпринимателем.

2. В период приостановления деятельности юридического лица и индивидуального предпринимателя приостанавливается их право пользоваться деньгами, находящимися на их банковских счетах, за исключением выплат по возмещению вреда, причиненного жизни и здоровью, взысканию алиментов, по оплате труда и компенсаций лицам, работающим по трудовому договору, социальных отчислений, обязательных пенсионных взносов, обязательных профессиональных пенсионных взносов, выплат налогов и других обязательных платежей в бюджет, уплаты штрафов. В период приостановления деятельности общественного объединения ему запрещается пользоваться масс-медиа, вести агитацию и пропаганду, организовывать и проводить мирные собрания и другие массовые мероприятия, принимать участие в выборах. Если в течение установленного срока приостановления деятельности общественное объединение устранило нарушение, то по истечении указанного в постановлении срока общественное объединение возобновляет свою деятельность.

3. В случае неисполнения наложенного судьей, органом (должностным лицом), уполномоченным рассматривать дела об административных правонарушениях, административного взыскания в виде приостановления либо запрещения деятельности учредителем (руководящим органом, должностным лицом) юридического лица или индивидуальным предпринимателем добровольно постановление приводится в исполнение в порядке исполнительного производства уполномоченным органом.

Сноска. Статья 909 с изменениями, внесенными законами РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 25.05.2020 № 334-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 19.06.2024 № 95-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 910. Порядок исполнения постановления о приостановлении либо запрещении деятельности

1. Уполномоченное должностное лицо приостанавливает частично или полностью работу организаций, отдельных производств, запрещает эксплуатацию зданий, сооружений, отдельных помещений, складов, электрических сетей, приборов отопления.

2. Орган, осуществляющий регистрацию юридических лиц, получив решение о запрещении деятельности (ликвидации) юридического лица, проверяет соблюдение порядка запрещения деятельности (ликвидации), предусмотренного законодательством, и в течение десяти суток регистрирует прекращение деятельности юридического лица, о чем извещается уполномоченный орган в области государственной статистики.

Статья 910-1. Прекращение постановления о приостановлении действия разрешения (отдельного его подвида), а также постановления о приостановлении деятельности или отдельных ее видов

1. Исполнение постановления о приостановлении действия разрешения (отдельного его подвида), а также постановления о приостановлении деятельности или отдельных ее видов, предусмотренные статьями 187 (части вторая и четвертая), 281 (часть третья), 282 (части пятая и двенадцатая), 333 (часть вторая), 426 (часть вторая), 427 (часть первая), 444 (часть пятая), 445 (части первая, вторая, третья, четвертая, пятая, шестая, 6-1, седьмая, восьмая, девятая и десятая), 445-1 (части первая, вторая, третья и четвертая), 462 (часть третья), 464 (часть первая), 484 (часть первая), 485 (часть первая), 485-1 (часть первая), 489-1 (часть вторая) настоящего Кодекса, может быть досрочно прекращено судьей, уполномоченным органом (должностным лицом), наложившим соответствующее административное взыскание, на основании ходатайства лица, привлеченного к административной ответственности, или его представителя (законного представителя) в случаях установления устранения обстоятельств, послуживших основанием для назначения взыскания.

2. Суд, орган (должностное лицо), наложивший административное взыскание в виде приостановления действия разрешения (отдельного его подвида), а также приостановления деятельности или отдельных ее видов в день поступления ходатайства, в течение двух суток направляет запрос должностному лицу, уполномоченному в соответствии со статьей 804 настоящего Кодекса составлять протокол об административном правонарушении, о даче заключения об устранении нарушений.

3. При поступлении соответствующего запроса в целях подготовки заключения должностное лицо проверяет устранение обстоятельств, послуживших основанием для наложения административного взыскания, предусмотренного частью первой настоящей статьи.

Заключение представляется в письменной форме в течение пяти суток с момента получения запроса.

Указанное заключение не является обязательным для суда, органа (должностного лица), однако несогласие с заключением должно быть мотивировано.

4. Ходатайство рассматривается судом, органом (должностным лицом), назначившим административное взыскание, предусмотренное частью первой настоящей статьи, в течение десяти суток со дня поступления ходатайства в порядке, предусмотренном главой 44 настоящего Кодекса. При этом для участия в рассмотрении ходатайства вызывается лицо, привлеченное к административной ответственности, или его представитель (законный представитель), который вправе давать объяснения и представлять документы.

5. После исследования представленных документов суд, орган (должностное лицо) выносит постановление об удовлетворении ходатайства или отказе в его удовлетворении.

6. В постановлении о досрочном прекращении исполнения административного взыскания в виде приостановления действия разрешения (отдельного его подвида), а также приостановления деятельности или отдельных ее видов указываются сведения, предусмотренные статьей 822 настоящего Кодекса, а также дата возобновления действия разрешения (отдельного его подвида) либо возобновления ранее приостановленной деятельности.

7. Постановление об отказе в удовлетворении ходатайства о досрочном прекращении исполнения административного взыскания в виде приостановления действия разрешения (отдельного его подвида), а также приостановления деятельности или отдельных ее видов обжалованию не подлежит.

Сноска. Глава 52 дополнена статьей 910-1 в соответствии с Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными законами РК от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 07.07.2020 № 361-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); от 11.07.2022 № 137-VII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); от 08.07.2024 № 117-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования).

Статья 911. Исполнение постановления о принудительном сносе строения

1. Постановление суда о принудительном сносе незаконно возводимого или возведенного строения приводится в исполнение лицом, в отношении которого вынесено это административное взыскание.

2. В случае неисполнения наложенного судом административного взыскания в виде принудительного сноса незаконно возводимого или возведенного строения добровольно постановление приводится в исполнение в порядке исполнительного производства уполномоченным органом.

Статья 912. Расходы по выполнению постановления о принудительном сносе строения

Принудительный снос незаконно возводимого или возведенного строения осуществляется за счет нарушителя.

Статья 913. Исполнение постановления об административном аресте

1. Постановление судьи об административном аресте приводится в исполнение органами внутренних дел и органами военной полиции в порядке, установленном законодательством Республики Казахстан.

2. Лица, подвергнутые административному аресту, содержатся под стражей в местах, определяемых органами внутренних дел. При исполнении постановления об административном аресте арестованные подвергаются личному досмотру.

Военнослужащие отбывают административный арест на гауптвахтах.

3. Отбывание административного ареста производится по правилам, установленным законодательством Республики Казахстан.

Статья 914. Последствия уклонения от отбывания административного ареста

Если лицо, подвергнутое административному аресту, самовольно оставляет место его отбывания до истечения срока административного ареста, отбытый срок может быть постановлением судьи полностью или частично не засчитан в срок административного ареста. При этом судья вновь устанавливает начало срока отбывания административного ареста.

Статья 915. Исполнение постановления в части возмещения имущественного ущерба

Постановление по делу об административном правонарушении в части возмещения имущественного ущерба, подлежащего взысканию в соответствии со статьей 59 настоящего Кодекса, приводится в исполнение в порядке, устанавливаемом законодательством.

Статья 916. Исполнение постановления об административном выдворении из Республики Казахстан иностранцев и лиц без гражданства

1. Исполнение постановления об административном выдворении из Республики Казахстан иностранцев или лиц без гражданства производится путем контролируемого самостоятельного выезда выдворяемого лица из Республики Казахстан.

Расходы по выдворению несут выдворяемые незаконные иммигранты, физические или юридические лица, пригласившие иммигранта в Республику Казахстан. В случаях отсутствия либо недостаточности средств у названных лиц для покрытия расходов по выдворению финансирование соответствующих мероприятий производится за счет бюджетных средств.

В соответствии с международными договорами, ратифицированными Республикой Казахстан, ответственной за вывоз с территории Республики Казахстан лиц, въехавших без права въезда, является транспортная организация, доставившая данных лиц.

2. Лицо, не исполнившее решение суда о выдворении и не покинувшее территорию Республики Казахстан в указанный в решении срок, подлежит выдворению в порядке, установленном законодательством.

3. Если передача выдворяемого лица представителю иностранного государства не предусмотрена договором Республики Казахстан с указанным государством, выдворение осуществляется в месте, определяемом Пограничной службой Комитета национальной безопасности Республики Казахстан.

4. О выдворении иностранцев или лиц без гражданства из пункта пропуска через Государственную границу Республики Казахстан уведомляются власти иностранного государства, на (через) территорию которого указанное лицо выдворяется, если выдворение предусмотрено договором Республики Казахстан с указанным государством.

5. Исполнение постановления об административном выдворении оформляется в виде двухстороннего или одностороннего акта.

Сноска. Статья 916 с изменением, внесенным Законом РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Статья 917. Органы, осуществляющие исполнение постановления об административном выдворении из Республики Казахстан иностранцев и лиц без гражданства

Постановление об административном выдворении из Республики Казахстан иностранцев или лиц без гражданства исполняется:

1) Пограничной службой Комитета национальной безопасности Республики Казахстан при совершении правонарушений, предусмотренных статьями 510 (частью четвертой), 513 (частью второй), 514 (частью второй), 516 (частью второй), 517 (частями второй, четвертой, шестой, седьмой) настоящего Кодекса;

2) органами внутренних дел при совершении правонарушений, предусмотренных статьями 109, 443-1 (частью второй), 449 (частью третьей), 490 (частями третьей, седьмой), 495 (частью второй), 496 (частями второй и третьей), 510 (частью четвертой), 517 (частями второй, четвертой, пятой) настоящего Кодекса.

Сноска. Статья 917 в редакции Закона РК от 28.12.2017 № 127-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесеннвми Законом РК от 30.12.2016 № 41-VІ (вводится в действие с 01.01.2021).

Статья 918. Исполнение постановления о проверке знаний правил дорожного движения

Постановление о проверке знаний правил дорожного движения приводится в исполнение органами внутренних дел в порядке, установленном законодательством.

Статья 918-1. Исполнение постановления о проверке знаний правил безопасного обращения с гражданским и служебным оружием

Сноска. Заголовок статьи 918-1 с изменением, внесенным Законом РК от 18.03.2019 № 237-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Постановление о проверке знаний правил безопасного обращения с гражданским и служебным оружием приводится в исполнение органами внутренних дел в порядке, установленном законодательством Республики Казахстан.

Сноска. Кодекс дополнен статьей 918-1 в соответствии с Законом РК от 22.12.2016 № 28-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменением, внесенным Законом РК от 18.03.2019 № 237-VI (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Глава 53. ЗАКЛЮЧИТЕЛЬНЫЕ ПОЛОЖЕНИЯ

Статья 919. Порядок применения настоящего Кодекса

1. Вынесенные и не исполненные до введения в действие настоящего Кодекса постановления по делу об административном правонарушении суда, органов (должностных лиц), уполномоченных рассматривать дела об административных правонарушениях, с целью приведения их в соответствие со статьей 5 настоящего Кодекса, устанавливающей обратную силу закона об административных правонарушениях в случае, когда закон смягчает или отменяет ответственность за административное правонарушение либо иным образом улучшает положение лица, совершившего административное правонарушение, подлежат пересмотру. Пересмотр ранее вынесенных постановлений производится судьей суда, должностным лицом органа, вынесшего постановление, по заявлению лица, в отношении которого оно вынесено.

2. Судебные акты, вынесенные до 1 января 2016 года, могут быть обжалованы, опротестованы в порядке, установленном настоящим Кодексом.

Сноска. Статья 919 в редакции Закона РК от 31.10.2015 № 378-V (вводится в действие с 01.01.2016).

Статья 919-1. Приостановление действия статьи настоящего Кодекса, а также его отдельных норм

Сноска. Заголовок статьи 919-1 с изменением, внесенным Законом РК от 06.02.2023 № 195-VII (вводится в действие с 01.01.2021).

Действие статьи 329 настоящего Кодекса приостановить до 1 января 2018 года.

Действие части второй статьи 443-1 настоящего Кодекса приостановить до 1 января 2024 года.

Сноска. Глава 53 дополнена статьей 919-1 в соответствии с Законом РК от 08.04.2016 № 491-V (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования); с изменениями, внесенными законами РК от 06.02.2023 № 195-VII (вводится в действие с 01.01.2021); от 23.12.2023 № 50-VIII (вводится в действие с 01.01.2024).

Статья 920. Порядок введения в действие настоящего Кодекса

1. Признать утратившим силу со дня введения в действие настоящего Кодекса:

Кодекс Республики Казахстан об административных правонарушениях от 30 января 2001 года (Ведомости Парламента Республики Казахстан, 2001 г., № 5-6, ст. 24; № 17-18, ст. 241; № 21-22, ст. 281; 2002 г., № 4, ст. 33; № 17, ст. 155; 2003 г., № 1-2, ст. 3; № 4, ст. 25; № 5, ст. 30; № 11, ст. 56, 64, 68; № 14, ст. 109; № 15, ст. 122, 139; № 18, ст. 142; № 21-22, ст. 160; № 23, ст. 171; 2004 г., № 6, ст. 42; № 10, ст. 55; № 15, ст. 86; № 17, ст. 97; № 23, ст. 139, 140; № 24, ст. 153; 2005 г., № 5, ст. 5; № 7-8, ст. 19; № 9, ст. 26; № 13, ст. 53; № 14, ст. 58; № 17-18, ст. 72; № 21-22, ст. 86, 87; № 23, ст. 104; 2006 г., № 1, ст. 5; № 2, ст. 19, 20; № 3, ст. 22; № 5-6, ст. 31; № 8, ст. 45; № 10, ст. 52; № 11, ст. 55; № 12, ст. 72, 77; № 13, ст. 85, 86; № 15, ст. 92, 95; № 16, ст. 98, 102; № 23, ст. 141; 2007 г., № 1, ст. 4; № 2, ст. 16, 18; № 3, ст. 20, 23; № 4, ст. 28, 33; № 5-6, ст. 40; № 9, ст. 67; № 10, ст. 69; № 12, ст. 88; № 13, ст. 99; № 15, ст. 106; № 16, ст. 131; № 17, ст. 136, 139, 140; № 18, ст. 143, 144; № 19, ст. 146, 147; № 20, ст. 152; № 24, ст. 180; 2008 г., № 6-7, ст. 27; № 12, ст. 48, 51; № 13-14, ст. 54, 57, 58; № 15-16, ст. 62; № 20, ст. 88; № 21, ст. 97; № 23, ст. 114; № 24, ст. 126, 128, 129; 2009 г., № 2-3, ст. 7, 21; № 9-10, ст. 47, 48; № 13-14, ст. 62, 63; № 15-16, ст. 70, 72, 73, 74, 75, 76; № 17, ст. 79, 80, 82; № 18, ст. 84, 86; № 19, ст. 88; № 23, ст. 97, 115, 117; № 24, ст. 121, 122, 125, 129, 130, 133, 134; 2010 г., № 1-2, ст. 1, 4, 5; № 5, ст. 23; № 7, ст. 28, 32; № 8, ст. 41; № 9, ст. 44; № 11, ст. 58; № 13, ст. 67; № 15, ст. 71; № 17-18, ст. 112, 114; № 20-21, ст. 119; № 22, ст. 128, 130; № 24, ст. 146, 149; 2011 г., № 1, ст. 2, 3, 7, 9; № 2, ст. 19, 25, 26, 28; № 3, ст. 32; № 6, ст. 50; № 8, ст. 64; № 11, ст. 102; № 12, ст. 111; № 13, ст. 115, 116; № 14, ст. 117; № 16, ст. 128, 129; № 17, ст. 136; № 19, ст. 145; № 21, ст. 161; № 24, ст. 196; 2012 г., № 1, ст. 5; № 2, ст. 9, 11, 13, 14, 16; № 3, ст. 21, 22, 25, 26, 27; № 4, ст. 32; № 5, ст. 35, 36; № 8, ст. 64; № 10, ст. 77; № 12, ст. 84, 85; № 13, ст. 91; № 14, ст. 92, 93, 94; № 15, ст. 97; № 20, ст. 121; № 23-24, ст. 125; 2013 г., № 1, ст. 2, 3; № 2, ст. 10, 11, 13; № 4, ст. 21; № 7, ст. 36; № 8, ст. 50; № 9, ст. 51; № 10-11, ст. 54, 56; № 13, ст. 62, 63, 64; № 14, ст. 72, 74, 75; № 15, ст. 77, 78, 79, 81, 82; № 16, ст. 83; № 23-24, ст. 116; 2014 г., № 1, ст. 6, 9; № 2, ст. 10, 11; № 3, ст. 21; № 4-5, ст. 24; № 7, ст. 37; № 8, ст. 44, 46, 49; Закон Республики Казахстан от 10 июня 2014 года "О внесении изменений и дополнений в некоторые законодательные акты Республики Казахстан по вопросам противодействия легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма", опубликованный в газетах "Егемен Қазақстан" и "Казахстанская правда" 14 июня 2014 г.).

2. Настоящий Кодекс вводится в действие с 1 января 2015 года, за исключением:

1) части 2-1 статьи 1, которая вводится в действие с 1 июля 2020 года;

1-1) подпунктов 4) и 8) части пятой статьи 281, которые вводятся в действие:

для производителей нефтепродуктов – с 1 января 2017 года;

для оптовых поставщиков нефтепродуктов, импортеров, розничных реализаторов нефтепродуктов, поставщиков нефти:

с 1 января 2019 года – для автозаправочных станций, расположенных на территориях столицы, городов республиканского, областного и районного значения;

с 1 января 2021 года – для автозаправочных станций, не указанных в абзаце четвертом настоящего подпункта;

2) подпункта 6) части третьей статьи 282, который вводится в действие с 1 января 2016 года.

Сноска. Статья 920 с изменениями, внесенными законами РК от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 09.04.2016 № 500-V (вводится в действие по истечении десяти календарных дней после его первого официального опубликования); от 27.12.2017 № 126-VI (вводится в действие с 01.01.2018); от 30.12.2019 № 300-VІ (вводится в действие по истечении десяти календарных дней после дня его первого официального опубликования).

Президент Республики Казахстан

Н. НАЗАРБАЕВ