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THE CODE OF THE KYRGYZ REPUBLIC ABOUT VIOLATIONS

of April 13, 2017 No. 58

It is 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 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. The 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, the 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. Operation of this Code in time

1. The person which 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 persons worsening the legal status, which made violation have no retroactive effect.

3. The provisions of this Code canceling or mitigating responsibility or otherwise the persons improving the legal status, which 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. Operation 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 perfect in the territory of the Kyrgyz Republic if it was begun, ended or stopped in its territory.

Article 5. Operation 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 which are immune according to international treaties which participant is the Kyrgyz Republic the 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, the 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 which made violation are equal before the law and races, language, disability, the ethnic origin, religion, political or other convictions, education, the origin, property or other status, and also other circumstances are subject to accountability irrespective of the floor.

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