Unofficial translation
In accordance with Article 737-1 of the Code of Administrative Offenses of the Republic of Kazakhstan, I hereby ORDER:
Footnote. The preamble - in the wording of the order of the Prosecutor General of the Republic of Kazakhstan dated 30.09.2022 No. 195 (shall enter into force after the day of its first official publication).1. To approve the attached Rules for maintaining the Unified Register of Administrative Proceedings.
2. The Committee on Legal Statistics and Special Accounts of the General Prosecutor's Office of the Republic of Kazakhstan (hereinafter referred to as the Committee) shall ensure:
1) state registration of this Order with the Ministry of Justice of the Republic of Kazakhstan;
2) posting this Order on the official Internet resource of the General Prosecutor's Office of the Republic of Kazakhstan;
3) sending a copy of this Order for information to concerned state bodies, heads of structural divisions of the General Prosecutor's Office of the Republic of Kazakhstan, prosecutors of regions, cities of republican significance, the capital, and those equated to them, as well as territorial bodies of the Committee.
3. Control over the execution of this Order shall be entrusted to the supervising Deputy Prosecutor General of the Republic of Kazakhstan.
4. This Order is subject to official publication and shall come into effect on January 1, 2021.
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Acting Prosecutor General of the Republic of Kazakhstan |
E. Kenenbayev |
| Approved by Order of the Acting Prosecutor General of the Republic of Kazakhstan dated July 10, 2020, No. 85 |
Rules for maintaining the Unified Register of Administrative Proceedings Chapter 1. General Provisions
1. These Rules for maintaining the Unified Register of Administrative Proceedings (hereinafter referred to as the Rules) shall establish the procedure for maintaining the Unified Register of Administrative Proceedings for bodies (officials) authorized to initiate and (or) consider cases of administrative offenses.
2. The following concepts shall be used in these Rules:
1) information accounting document (hereinafter referred to as IAD) - material (paper, magnetic, optical) medium of legal statistical information of the established sample, on the basis of which data of state legal statistics and special accounts shall be generated;
2) the unified register of administrative proceedings (hereinafter referred to as the URAP) - an information system that shall contain the entered information on administrative offenses, persons who committed them, decisions made on them, as well as the management of cases of administrative offenses in electronic form;
3) URAP mobile application (hereinafter referred to as URAP MA) shall be a component of the URAP designed to initiate an administrative offense case through a tablet computer;
4) the public sector of the URAP shall be the functionality of the URAP, which allows participants in proceedings on administrative offenses through the Internet in compliance with information security and confidentiality requirements to gain remote access to the materials of the case on an administrative offense, the proceedings of which shall be carried out in electronic form, as well as submit complaints, applications and petitions;
5) URAP user (hereinafter referred to as the user) - a body (official) that uses the URAP within its competence to perform specific functions;
6) the URAP processing center (hereinafter referred to as the URAP PC) shall be a component of the URAP designed to process administrative offenses recorded by certified special instrumentation and instruments operating in automatic mode;
7) concealed administrative offense - an offense on which, despite the existence of reasons and grounds for initiating an administrative offense case provided for by Article 802 of the Code of Administrative Offenses of the Republic of Kazakhstan (hereinafter referred to as the Administrative Offenses Code), measures have been deliberately not taken to initiate an administrative offense case;
8) signature tablet - a specialized peripheral device consisting of a graphic tablet and a writing pen (stylus), which shall allow you to create a digital analogue of the handwritten signature of its owner;
9) media files - video, photo and audio materials that, by decision of the person conducting administrative proceedings, shall be subject to inclusion in the materials of the case on an administrative offense;
10) authorized body - the Committee on legal statistics and special accounts of the General Prosecutor's Office of the Republic of Kazakhstan and its territorial bodies;
11) electronic document - a document in which information shall be provided in electronic digital form and certified by electronic digital signature;
12) electronic digital signature (hereinafter referred to as EDS) - a set of electronic digital symbols created by means of electronic digital signature and confirming the authenticity of an electronic document, its ownership and invariability of content.
Footnote. Paragraph 2 - in the wording of the order of the Prosecutor General of the Republic of Kazakhstan dated 05.01.2022 No. 3 (shall enter into force upon expiry after the day of its first official publication).3. Proceedings in cases of administrative offenses shall be carried out in accordance with Article 737-1 of the Administrative Code.
Footnote. Paragraph 3 - in the wording of the order of the Prosecutor General of the Republic of Kazakhstan dated 05.01.2022 No. 3 (shall enter into force upon expiry after the day of its first official publication).4. When carrying out proceedings in the case of an administrative offense in paper form, the body (official) within 24 hours after the adoption of the procedural decision shall nominate the IAO:
"On initiation of an administrative offense case" (hereinafter referred to as the IOA of Form 1-AO) in accordance with Annex 1 to the Rules;
"On the progress of the movement, consideration of the case of an administrative offense and on the procedure for the execution of an administrative penalty" (hereinafter referred to as IAO form 1-AO) in the form according to Annex 2 to these Rules.
When submitting the IAO, the authority (official) shall ensure that the original procedural documents and the documents available in the case collected as part of the production are attached to the URAP (in the form of PDF, JPEG, PNG, SVG, Tiff documents), with the exception of documents containing state secrets.
Footnote. Paragraph 4 - in the wording of the order of the Prosecutor General of the Republic of Kazakhstan dated 05.01.2022 No. 3 (shall enter into force upon expiry after the day of its first official publication).4-1. IAO "About deprivation of the right of control of vehicles and suspension of the driver's license" (further - IAO of form 2-DR) in a form according to Annex 3 to these Rules (police) shall expose territorial authority of internal affairs in URAP within a day from the moment of receiving:
1) a request for execution of the imposed penalty on a person residing in the territory of the Republic of Kazakhstan, sent by the competent authority of the State in accordance with Article 2, paragraph 3, of the Convention on the Mutual Recognition and Enforcement of Decisions in Cases of Administrative Traffic Violations, ratified by the Law of the Republic of Kazakhstan "On ratification of the convention on mutual recognition and enforcement of decisions in cases of administrative violations of traffic Rules";
2) judicial act suspending the driver's license adopted by the court of the Republic of Kazakhstan;
3) judicial act on cancellation or amendment of the decision on deprivation of the right to drive vehicles or suspension of the driver's license adopted by the court of the Republic of Kazakhstan.
Data on the suspension of the driver's license shall be removed by the territorial internal affairs bodies (police) in the URAP within 24 hours from the moment of receipt from the bailiff of data on the execution of the judicial act, on the basis of which a decision has been made to suspend the driver's license.
Data on the deprivation of the right to drive vehicles shall be automatically recorded in the URAP after the expiration of the period specified in the judicial act adopted by the court of the Republic of Kazakhstan.
Footnote. The Rules - added by paragraph 4-1 in accordance with the order of the Prosecutor General of the Republic of Kazakhstan dated 05.01.2022 No. 3 (shall enter into force after the day of its first official publication).4-2. In the absence of access to the URAP, the IAO shall be issued on the day of its appearance with a written notification of the territorial authorized body.
If the end of the period specified in paragraphs 4, 4-1 of these Rules falls on a day off or a holiday, then the IAO is set on the next working day.
If it is impossible to timely attach to the URAP the original documents provided for in paragraph 4 of these Rules, due to the remoteness of the location of the body (official) or the lack of proper communication routes, as well as in a state of emergency or emergency, they should be attached no more than one month after the adoption of the procedural decision.
Footnote. The rules - added by paragraph 4-2 in accordance with the order of the Prosecutor General of the Republic of Kazakhstan dated 05.01.2022 No. 3 (shall enter into force after the day of its first official publication).5. When conducting proceedings in the case of an administrative offense in electronic form, relevant procedural decisions are automatically formed in the form of an electronic document after the authority (official) completes the details of the IAO 1-AO and 1-AO forms.
Footnote. Paragraph 5 - in the wording of the order of the Prosecutor General of the Republic of Kazakhstan dated 05.01.2022 No. 3 (shall enter into force after the day of its first official publication).6. When generating a PDF-document, the body (official) shall ensure its quality for the possibility of reading and the safety of the original paper documents and materials until the end of the period for considering the case on an administrative offense.
7. File documents and media files related to the case and (or) being material evidence shall be embedded in the URAP, and in case of impossibility, they are attached to the case materials with an indication in the protocol in accordance with the legislation on administrative offenses.
Material and other evidence attached to the case file shall be presented for consideration of the administrative case on the merits on purpose. Until that time, the body (official) shall ensure their safety.
8. Certification of procedural and other documents drawn up in electronic form shall be carried out by the participants in the administrative proceeding by certifying an EDS or using a signature tablet. When conducting administrative proceedings in URAP MP, signing shall be carried out using the software of a tablet computer.
In the absence of technical feasibility, the user shall ensure that the prepared documents are signed by the participants in the production in paper form with their subsequent attachment to the URAP in the form of a PDF document.
9. Proceedings in cases of administrative offenses shall be carried out by the courts in the information system of the judicial authorities, from which information on the results of the consideration shall be transmitted to the URAP, with links to the relevant procedural decisions.
Chapter 2. Features of the management of the URAP on administrative offenses
Footnote. Chapter 2 – in the wording of the order of the Prosecutor General of the Republic of Kazakhstan dated 05.01.2022 No. 3 (shall enter into force after the day of its first official publication).
Paragraph 1. Initiation of an administrative offense case at the URAP
10. When drawing up a protocol on an administrative offense in electronic form, participants in the proceedings on an administrative offense case are informed about its placement on the web portal of the "electronic government" and (or) the information service of the authorized body, about which an appropriate note is made in it.
At the request of the person (representative of the person) against whom proceedings are being conducted on an administrative offense in electronic form, in addition to the methods specified in part 8 of Article 803 of the Administrative Code, it is allowed to send a copy of the protocol to a cellular subscriber device (computer tablet or laptop computer) using a data transmission network. In this case, the body (official) ensures that the fact of transmission of a copy of the protocol is recorded.
A similar procedure for notifying participants in the proceedings on an administrative offense and providing a copy of the decision is applied when imposing an administrative penalty in electronic form in the form of a warning in accordance with the requirements of Article 823 of the Administrative Code.
10-1. When drawing up a protocol on an administrative offense in electronic form, making a decision on the imposition of an administrative penalty in electronic form in the form of a warning, filling out the IUD form 1-AB, its full circumstances are prescribed in the essence of the administrative offense. Specifying only the title of the article of the Administrative Code or the content of the violated rules is not allowed.
11. When drawing up a protocol on an administrative offense in electronic form, the offender is checked in the EPA according to the following types of special records of the authorized body:
1) persons brought to administrative responsibility;
2) persons brought to criminal responsibility for the commission of a criminal offense;
3) лиц, признанных судом недееспособными и ограниченно дееспособными.
Paragraph 2. Initiation of an administrative offense case in the URAP PC
11-1. If there is a reason to initiate an administrative offense case, the owner (owner) of the vehicle, in accordance with the provisions of Article 822-1 of the Administrative Code, sends an order on the need to pay a fine.
The notification (notification) on the prescription of the need to pay a fine is delivered automatically by the URAP PC by text message through the number 1414 to the cellular subscriber number specified by the owner (owner) of the vehicle on the web portal of the "electronic government" and (or) the information service of the authorized body, in order to receive notifications about the regulations issued to him. If it is impossible to deliver a notification (notification) to the cellular subscriber number of the owner (owner) of the vehicle, the order on the need to pay a fine is delivered by other means specified in part 4-1 of Article 743 of the Administrative Code.
The text message on the order on the need to pay a fine contains information about the number of the order, the amount of the fine, as well as links to information resources where you can read the order.
11-2. An administrative offense recorded by certified special control and measuring equipment and devices operating in automatic mode, according to which the owner (owner) of the vehicle has not been identified, URAP PC classifies it as unidentified.
The validity of the automatic assignment of an administrative offense to the category of unidentified by the URAP PC is checked within five days from the date of its fixation by certified special control and measuring technical means and devices with the adoption of measures to identify the person driving the vehicle.
Proceedings on an administrative offense cannot be initiated in accordance with subparagraph 5) of part 1 of Article 741 of the Administrative Code, if within two months from the date of fixation by certified special control and measuring technical means and devices operating in automatic mode, the person who committed it has not been identified, and there is also no data on the commission a new administrative offense.
11-3. The category of unidentified also includes administrative offenses, where, according to the URAP PC, the owner (owner) of the vehicle is listed or declared dead, liquidated as a legal entity, or is not subject to administrative liability, with measures taken to identify the person driving the vehicle.
Within three days from the date of identification of the person to be brought to administrative responsibility, the URAP PC issues an order on the need to pay a fine, taking into account the provisions provided for in Article 62 of the Administrative Code, and delivers it to the postal address specified by him.
Proceedings on an administrative offense cannot be initiated if the measures taken establish that the administrative offense was committed by a vehicle driven by a person who is not subject to administrative responsibility. At the same time, measures are being taken to prevent such persons from driving vehicles.
11-4. If a concealed administrative offense is detected by unjustified transfer to the category of unidentified, refusal to initiate proceedings, as well as illegal termination of proceedings in an administrative case, measures are immediately taken to initiate proceedings on it, taking into account the provisions provided for in Article 62 of the Administrative Code.
11-5. In accordance with part 1 of Article 31 of the Administrative Code, administrative proceedings are initiated against the owner (owner) of a vehicle whose registration number plate is indicated by certified special control and measuring equipment and devices operating in automatic mode, if:
incorrect identification of the vehicle registration number plate by certified special control and measuring equipment and devices operating in automatic mode;
automatic formation of an order on the need to pay a fine, after receipt of an application from the person to whom it was sent.
Paragraph 3. The public sector in URAP
12. The EPA, through the public sector, provides participants in proceedings on administrative offenses in electronic form, from the moment they acquire procedural status, access to the relevant materials of the administrative case, as well as to submit petitions, complaints, applications and receive responses to them in electronic form.
Access to the materials of an administrative case, the production of which is carried out in electronic form, is provided by a person conducting proceedings on an administrative offense in an amount that does not contradict the interests of the state and is not associated with violation of the rights and legitimate interests of others.
In the absence of an EDS and (or) an Internet connection, the participants in the proceedings get acquainted with the materials of the administrative case, the production of which is carried out in electronic form, by reproducing or providing (for personal acquaintance) the body (official) conducting proceedings on administrative offenses in electronic form of relevant materials, with the possibility of obtaining an electronic copy.
Chapter 3. Features of maintaining URAP when considering cases of an administrative offense and execution of an administrative penalty
13. The experts and specialists involved in the consideration of an electronic administrative case shall draw up an opinion in accordance with Article 773 of the Administrative Code.
If it is impossible to draw up an opinion in the form of an electronic document, the paper version of the opinion shall beconverted by the person leading the administrative process into a PDF document and attached to the case file.
14. A complaint and (or) protest received by the body (official) conducting proceedings in the case of administrative offenses in paper form shall beconverted into a PDF document with subsequent attachment to the URAP.
A similar procedure shall apply to applications for reconsideration of cases received in paper form (in accordance with decisions and instructions that have entered into legal force) and complaints about actions (inaction) and decisions of a body (official).
Note: This procedure shall be applied when conducting a case in electronic form, as well as in cases of enclosing case materials in the URAP in the form of PDF documents.
15. Within ten days after the expiration of the voluntary payment of the fine and upon failure to receive information about the payment made, the authority (official) sends for enforcement in electronic form a certificate from the URAP on the absence of information about the payment made, an order to impose a fine or an order to pay a fine to state bailiffs or regional chambers of private bailiffs or the administration of the organization, where the person brought to justice works or receives remuneration, pension, a scholarship for the deduction of the amount of the fine in an involuntary manner from his salary or other income.
Footnote. Paragraph 15 - in the wording of the order of the Prosecutor General of the Republic of Kazakhstan dated 05.01.2022 No. 3 (shall enter into force upon expiry after the day of its first official publication).Chapter 4. Peculiarities of setting, editing, removal and storage of IOA
Footnote. The title of the chapter 4 - in the wording of the order of the Prosecutor General of the Republic of Kazakhstan dated 05.01.2022 No. 3 (shall enter into force after the day of its first official publication).
16. IAD of 1-AB formshall be filled in for each case of an administrative offense when it is initiated. When a person commits several administrative offenses, the IADshall be issued for each offense with the assignment of a separate number.
17. The IAD of 1-АП formshall be filled out only after the IAD of 1-AB form has been issued based on the results of the adoption of the following decisions on the initiated case on an administrative offense:
1) on the transfer of material (protocol);
2) on the consolidation of materials (protocols);
3) on the consideration of the material (protocol) with the issuance of a resolution on the imposition of a penalty or termination/release;
4) on the transfer of material for compulsory execution;
5) on the execution of the penalty;
6) on the postponement of the execution of the penalty;
7) on the appeal (protest) against the decision in the case of an administrative offense.
In this case, for each decision made, a separate IADshall bedrawn up.
18. When establishing the facts of non-compliance with the information entered in the URAP with the materials of the administrative case, measures are taken to eliminate the identified violations by editing the information or deleting the IAO.
Editing of information shall consist in amendments and (or) additions these details of the IOA in the URAP.
Amendment and (or) addition of these details of the IOA shall be made by the territorial authorized body on the basis of a written appeal from the body (official), which shall be submitted within 24 hours from the moment of detection of discrepancies with the materials of the administrative offense case with the attachment of supporting materials.
Removal of IAO in the URAP shall be carried out by the head of the department of the territorial authorized body in charge of this area, indicating the reason for removal.
The data of IAO details, IAO deletion formed on the basis of procedural decisions made during the conduct of proceedings on administrative offenses in electronic form shall not be subject to amendment and (or) addition.
Footnote. Paragraph 18 - in the wording of the order of the Prosecutor General of the Republic of Kazakhstan dated 05.01.2022 No. 3 (shall enter into force upon expiry after the day of its first official publication).19. Personal data of persons brought to administrative responsibility, to be filled in the URAP in the language of the document proving the identity.
20. Information about the persons brought to administrative responsibility in accordance with Article 61 of the Administrative Code shall be registered within one year from the date of completion of the execution of the decision to impose an administrative penalty.
21. Information about minors brought to administrative responsibility shall be stored for six months from the date of execution of the decision on the imposition of an administrative penalty (Article 72 of the Administrative Code).
22. Information about persons brought to administrative responsibility for committing administrative corruption offenses shall be stored for three years from the date of completion of the execution of the decision on the imposition of an administrative penalty (Article 13 of the Law of the Republic of Kazakhstan on November 23, 2015 "On the civil service of the Republic of Kazakhstan").
Chapter 5. Authorization differentiation in URAP maintenance
Footnote. The title of the chapter 5 - in the wording of the order of the Prosecutor General of the Republic of Kazakhstan dated 05.01.2022 No. 3 (shall enter into force after the day of its first official publication).
23. Bodies (officials) conducting proceedings in a case of administrative offenses shall be provided with access to the electronic administrative cases in their possession or those in the proceedings of subordinate persons conducting administrative proceedings.
The prosecutor shall have access to administrative cases over which he exercises supervision.
24. The bodies (officials) conducting proceedings on cases of administrative offenses shall determine the list of users of the URAP, their powers, and the level of access to electronic administrative cases for specific territorial and structural divisions.
Based on the specified list, the authorized body shall determine the access rights of the URAP users.
25. To ensure the legality of proceedings in cases of administrative offenses and departmental control, the URAPshall provide access to electronic administrative cases of heads of central, regional (and equivalent), city (district and equivalent) bodies conducting proceedings in the case of an administrative offense, their deputies, heads of departments and departments, employees of central and regional offices of bodies exercising departmental zonal control (supervision), for subordinate and lower structural divisions.
26. Bodies (officials) conducting proceedings on cases of administrative offenses shall provide:
1) the reliability of the information entered into the URAP in accordance with the circumstances and materials of the case of an administrative offense;
2) the timeliness of filling out the IAD in the URAP;
3) non-disclosure of data obtained in the course of administrative proceedings, in accordance with applicable law.
27. Issues of ensuring information security shall be implemented in accordance with the current legislation of the Republic of Kazakhstan.
| Annex 1 to the Rules for maintaining the Unified Register of Administrative Proceedings |
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| form |
Information accounting document "On the initiation of an administrative offense case"
Footnote. Annex 1 - as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated 05.01.2022 No. 3 (shall enter into force after the day of its first official publication).
1. _____________________________________________________________________________________ |
| Annex 2 to the Rules for maintaining the Unified Register of Administrative Proceedings |
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| The form |
Information accounting document "On the progress of traffic, consideration of the case of an administrative offense and on the procedure for the execution of an administrative penalty
Footnote. The title - in the wording of the order of the Prosecutor General of the Republic of Kazakhstan dated 05.01.2022 No. 3 (shall enter into force after the day of its first official publication).
Footnote. Annex 2 as amended by the order of the Prosecutor General of the Republic of Kazakhstan dated 05.01.2022 No. 3 (shall enter into force after the day of its first official publication).
1. The authorized body that made the decision on the material/protocol/case ________________ |
3. Surname, name and patronymic (if any) (hereinafter referred to asFull name), position, person who made the decision: _______________________________________________________________________________ |
5. Qualification of the offense article ____ part _____ paragraph _______ of the Code of Administrative Offenses |
8.Material transferred |
9. Administrative penalties (Articles 42, 52 of the Administrative Code): |
10. Grounds for termination: |
11. Recovery of a fine |
12. Execution of the resolution is delayed/sourced out; |
13. Appeal/protest |
14. Reconsideration of decisions on newly discovered circumstances; |
15. Recognized as: bankrupt (01), pseudo-enterprise (02). |
16. Full name, position, employee signature and date of completion ___________________________________ "____" ______________ 20__ |
| Annex 3 to the Rules of conduct unified register of administrative |
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| industries |
form
Information accounting document "On deprivation of the right to drive vehicles and suspension of the driver's license"
Footnote. The rules added by Annex 3 in accordance with the order of the Prosecutor General of the Republic of Kazakhstan dated 05.01.2022 No. 3 (shall enter into force after the day of its first official publication).
1.1 Individual identification number/ _/_/_/_/_/_/_/_/_/_/_/_/_/_/ |
