of July 5, 2014 No. 235-V ZRK
1. The legislation of the Republic of Kazakhstan on administrative offenses consists of of this Code.
2. This Code is based on the Constitution of the Republic of Kazakhstan, the conventional principles and rules of international law.
3. The international contractual and other commitments of the Republic of Kazakhstan, and also the normative resolutions of the Constitutional Council and Supreme Court of the Republic of Kazakhstan regulating administrative and delictual legal relationship are component of the legislation on administrative offenses.
4. The international agreements ratified by the Republic of Kazakhstan have priority before this Code and are applied directly, except cases when follows from the international treaty that its application requires the publication of the law. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which are stipulated by the legislation the Republic of Kazakhstan about administrative offenses then are applied rules of the international treaty.
The basis of the administrative responsibility is making of the act containing all signs of structure of the offense provided in the Special part of this Code.
1. Person who made administrative offense in the territory of the Republic of Kazakhstan is subject to responsibility under this Code.
2. The administrative offense made in the territory of the Republic of Kazakhstan act which is begun is recognized or continued or was ended in the territory of the Republic of Kazakhstan. Action of this Code extends also to the administrative offenses made on the continental shelf and in exclusive economic zone of the Republic of Kazakhstan.
3. Person who made administrative offense on the vessel attributed to the port of the Republic of Kazakhstan and which is in open water or airspace outside the Republic of Kazakhstan is subject to the administrative responsibility under this Code if other is not provided by the international treaty of the Republic of Kazakhstan. Under this Code the administrative responsibility is born also by person who made administrative offense on the warship or the military aircraft of the Republic of Kazakhstan irrespective of the place of its stay.
4. The question of the administrative responsibility of diplomatic representatives of foreign states and other foreigners who use immunity in case of making by these persons of offense in the territory of the Republic of Kazakhstan is allowed according to rules of international law.
1. Person who made administrative offense is subject to responsibility based on the legislation existing during making of this offense.
2. Time of making of administrative offense time of implementation of the act provided by the Special part of this Code irrespective of time of approach of effects is recognized.
1. The law mitigating or canceling the administrative responsibility for administrative offense or otherwise improving provision of person who made administrative offense has retroactive force, that is extends to the offense made before introduction of this law in action and concerning which the resolution on imposing of administrative punishment is not performed.
2. The law establishing or strengthening the administrative responsibility for administrative offense or otherwise worsening situation of person, has no retroactive force.
1. The legislation on administrative offenses has task protection of the rights, freedoms and legitimate interests of man and citizen, health, sanitary and epidemiologic wellbeing of the population, the environment, public morality, property, public order and safety, established procedure of implementation of the government and public administration protected by the law of the rights and interests of the organizations from administrative offenses and also the prevention of their making.
2. For implementation of this task the legislation on administrative offenses establishes the bases and the principles of the administrative responsibility, determines what acts are administrative offenses and types of the penalties imposed for their making, and also what administrative punishment by what state body (official) and in what procedure it can be put on the face which made administrative offense.
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