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THE CODE OF THE KYRGYZ REPUBLIC ABOUT VIOLATIONS

of April 13, 2017 No. 58

Accepted by Jogorku Kenesh of the Kyrgyz Republic on March 2, 2017

General Part

Section I. Legislation on violations

Chapter 1. General provisions

Article 1. Legislation on violations

1. The legislation of the Kyrgyz Republic on violations consists of of this Code.

2. This Code is based on the Constitution of the Kyrgyz Republic, international treaties which participant is the Kyrgyz Republic.

Article 2. Task of this Code

1. Task of this Code is legal support of protection of the rights, freedoms and interests of the personality, interests of legal entities, public and state interests, procedure for public management from illegal encroachments.

2. For implementation of the specified task this Code establishes the principles and the bases of responsibility for making of violations, determines what acts are violations, establishes types of penalties and additional consequence in law for their making.

Chapter 2. Operation of the legislation on violations

Article 3. Action of this Code in time

1. Person who made violation is subject to responsibility on the basis and according to the procedure, determined by provisions of this Code which were effective during its making.

2. The provisions of this Code establishing or strengthening responsibility or otherwise the faces worsening legal status, who made violation have no retroactive effect.

3. The provisions of this Code canceling or mitigating responsibility or otherwise the faces improving legal status, who made violation have retroactive effect.

4. In case of collisions between provisions of this Code and other regulatory legal acts relevant provisions of this Code are applied.

Article 4. Action of this Code in space

1. This Code determines responsibility for the violations made in the territory of the Kyrgyz Republic.

2. Violation is recognized committed in the territory of the Kyrgyz Republic if it was begun, ended or stopped in its territory.

Article 5. Action of this Code around persons

1. Physical persons and legal entities are subject to responsibility for making of violation.

2. In case of making in the territory of the Kyrgyz Republic of violations by diplomatic representatives of foreign states and other persons who are immune according to international treaties which participant is the Kyrgyz Republic issue of their responsibility it is resolved according to rules of international law.

Chapter 3. Principles of responsibility for violations

Article 6. Principles of responsibility for violations

1. Responsibility for making of violation is based on the principles of legality, equality before the law, presumption of innocence, inevitability of responsibility for violation, justice, individualization of collection, humanity.

2. Non-compliance with the principles of responsibility for violations depending on their nature, is the basis for recognition of inadmissibility of proofs or cancellation of the made decision.

Article 7. Principle of legality

1. Violation, collection and additional consequence in law are determined by this Code.

2. Persons are subject to accountability for the abuses of regulations provided by this Code, requirements, the modes, limits, procedures, standard rates, regulations, standards, technologies, terms, restrictions which are set only based on the law.

3. Application of the legislation on violations by analogy is forbidden.

4. Accountability for making of violation is performed by authorized bodies on the basis and within their powers established by this Code and other laws.

Article 8. Principle of equality before the law

1. The physical persons who made violation are equal before the law and races, language, disability, ethnic origin, religion, political or other convictions, education, origin, property or other status, and also other circumstances are subject to accountability irrespective of floor.

2. The legal entities who made violation are equal before the law and locations, form of business, subordination and other characteristics are subject to accountability irrespective of pattern of ownership.

3. Do not break the principle of equality before the law of provision of this Code which establish different types and the amount of penalties for physical persons and legal entities.

Article 9. Presumption of innocence

Person is considered innocent in making of violation and collection cannot be applied to it until the fact of making of violation by it is proved in the procedure determined by the law and is established by the decision of authorized body.

Article 10. Principle of inevitability of responsibility for violation

1. Each person who made violation is subject to responsibility according to this Code.

2. Release from application of collection is allowed only in cases and on the bases provided by this Code.

Article 11. Concept of justice

1. The collection applied to person based on of this Code shall correspond to nature of committed violation and circumstances of its making.

2. Accountability twice for the same violation is not allowed.

Article 12. Principle of individualization of collection

The authorized body shall consider the type and the extent of damage suffered, circumstances mitigating and aggravating collection and to motivate the chosen collection in the decision.

Article 13. Principle of humanity

1. The collection applied to physical person based on of this Code does not aim at causing physical sufferings and humiliation of human dignity.

2. The collection applied to the legal entity based on of this Code does not aim to cause damage to its goodwill.

Section II. Violation

Chapter 4. Concept of violation. Subject of violation and its wine

Article 14. Concept of violation and its subject

1. Violation the illegal, guilty act (action or failure to act) made by physical person or legal entity against procedure for public management for which this Code provides responsibility is recognized.

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