THE CODE OF THE REPUBLIC OF KAZAKHSTAN ABOUT ADMINISTRATIVE OFFENCES

Article 474-2. Recognition or issue of the certificates or other documents confirming compliance of new vehicles in defiance of the established regulations in the field of providing requirements to safety of vehicles

Article 504. The illegal actions (failure to act) which entailed non-execution of actions of civil defense

Article 524. Non-execution of the court verdict, judgment or other court resolution and executive document

Article 526. Not message to the legal executive about change of place of employment and residence of person which is the debtor on enforcement proceeding

Article 527. Loss of the executive document

Article 528. Hindrance to the legal executive performed by executive documents

Article 544-1. Authorized body in the field of civil protection

Article 551-2. Authorized body in the field of ensuring execution of executive documents

Article 568-1. Authorized state body for architecture, town planning and construction

Article 570-1. Anti-corruption service

Article 571. Bodies of the Ministry of Finance of the Republic of Kazakhstan

Article 571-1. The central authorized body on internal control

Article 571-2.  No. 177-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 07.03.2014

Article 572. Bodies of National Bank of the Republic of Kazakhstan

Article 573. Authorized body on control and supervision of the financial market and the financial organizations

Article 574. Social security authorities of the population of the Republic of Kazakhstan

Article 574-1. It is excluded by the Law of the Republic of Kazakhstan on July 10, 2003 No. 483-II

Article 575. Border service of Committee of homeland security of the Republic of Kazakhstan

Article 576. Bodies of protection of the state secrets

Article 576-1. Bodies for the state control over production and turnover of excisable products

Article 576-2. It is excluded

Article 576-3. It is excluded

Article 576-4. Local executive bodies

Article 576-5. Authorized body in the field of education

Article 576-6. Authorized body in the field of tourist activities

Article 576-7. Authorized body in the field of gaming

Article 576-8. Authorized body in the field of regulation of trading activity

Article 576-9. Authorized body in the field of biofuel production

Article 576-10. Authorized body in the field of biological fuel turnover

Section 4. Production on cases on administrative offenses

Chapter 33. Basic provisions

Article 577. Production tasks on cases on administrative offenses

Article 578. Procedure for production on cases on administrative offenses

Article 579. Petitions

Article 580. The circumstances excluding proceeedings about administrative offense

Article 581. The circumstances allowing not to bring to the administrative responsibility

Article 582. Public prosecutor's supervision

Article 583. Powers of the prosecutor on law enforcement of production on cases on administrative offenses

Chapter 34. Participants of production on cases on administrative offenses, their rights and obligation

Article 584. Person concerning whom proceeedings about administrative offense are conducted

Article 585. Victim

Article 586. Legal representatives of physical person

Article 587. Representatives of the legal entity

Article 588. Defender

Article 589. Obligatory participation of the defender

Article 590. Invitation, appointment, replacement of the defender, payment of its work

Article 591. Refusal of the defender

Article 592. Powers of the defender

Article 593. Victim's representative

Article 594. Witness

Article 595. Witness

Article 596. Specialist

Article 597. Expert

Article 598. Translator

Article 599. Prosecutor

Article 600. Responsibility for non-execution of procedural obligations

Article 601. The circumstances excluding possibility of participation in proceeedings about administrative offense

Article 602. Withdrawal of persons which participation in proceeedings is not allowed

Article 603. Expense recovery to the victim, witness, expert, specialist, translator or witness

Chapter 35. Proofs and proof

Article 604. Proofs

Article 605. The circumstances which are subject to proof on the case of administrative offense

Article 606. Explanations of person brought to the administrative responsibility, testimonies of the victim and the witness

Article 607. Obligation of proof and production of evidence

Article 608. Bases of release from proof

Article 609. Providing proofs

Article 610. Statement for providing proofs

Article 611. Appointment and production of examination

Article 612. Expert opinion

Article 612-1. Receipt of samples

Article 612-2. Receipt of samples by the doctor or other specialist, and also expert

Article 612-3. Protection of the rights of the personality in case of receipt of samples

Article 613. Physical evidences

Article 614. Protocol on administrative offense

Article 615. Documents

Article 616. Reclamation of additional data

Article 617. Assessment of proofs

Chapter 36. Taking measures of ensuring production to cases on administrative offenses

Article 618. Measures of ensuring proceeedings about administrative offense

Article 619. Delivery

Article 620. Administrative detention

Article 621. Procedure for administrative detention

Article 622. Terms of administrative detention

Article 623. Calculation of terms

Article 624. The place and procedure for content of persons subjected to administrative detention

Article 625. Drive

Article 625-1. Preventive restriction of freedom of travel

Article 626. Personal inspection and examination of the things which are under physical person

Article 627. Examination of vehicles, small size vessels

Article 627-1. Survey

Article 627-2. General rules of production of survey

Article 628. Withdrawal of the things and documents which are under physical person

Article 629. Discharge from vehicle control, the vessel, including the small size vessel, and survey on state of intoxication

Article 630. Detention, delivery and prohibition of operation of the vehicle, vessel, including small size vessel

Article 631. Survey of the territories, rooms, goods, other property belonging to the legal entity and also the relevant documents

Article 632. Withdrawal of the documents and property belonging to the legal entity
Article 632-1. Seizure of the goods, vehicles and other property belonging to the legal entity

Article 633. Appeal of measures of ensuring proceeedings about administrative offense

Chapter 37. Initiation of proceedings about administrative offenses

Article 634. Occasions and the basis for initiation of proceedings about administrative offense

Article 635. Protocol on administrative offense

Article 636. The officials having the right to constitute protocols on administrative offenses

Article 637. Initiation of proceedings about administrative offense the prosecutor

Article 638. Terms of creation of the protocol on administrative offense

Article 639. Cases when the protocol on administrative offense is not constituted

Article 640. The direction of the protocol (the resolution of the prosecutor) for consideration of the case

Article 641. Suit abatement about administrative offense before case referral for consideration

Chapter 38. Hearing of cases about administrative offenses

Article 642. The place of consideration of the case about administrative offense

Article 643. Preparation for consideration of the case about administrative offense

Article 644. The circumstances excluding possibility of consideration of the case about administrative offense by the judge, the member of collegiate organ, the official

Article 645. Rejection and removal of the judge, member of collegiate organ, official

Article 646. The decision of the judge, body (official) accepted by preparation for consideration of the case about administrative offense

Article 647. Terms of hearing of cases about administrative offenses

Article 648. Procedure for hearing of cases about administrative offenses

Article 649. The circumstances which are subject to examination when considering the case about administrative offense

Article 650. Types of decisions by results of consideration of the case on administrative offense

Article 651. The resolution on the case of administrative offense

Article 652. The announcement of the resolution on the case of administrative offense and delivery of the copy of the resolution

Article 653. Determination on the case of administrative offense

Article 654. Idea of elimination of the reasons and conditions promoting making of administrative offense

Chapter 39. Review of the resolutions which did not take legal effect on cases on administrative offenses

Article 655. The right to appeal, protest of the resolution on the case of administrative offense

Article 656. Procedure for appeal, protest of the resolution on the case of administrative offense

Article 657. The term of appeal, protest of the resolution on the case of administrative offense

Article 658. Contents of the claim (protest)

Article 659. Suspension of execution of the resolution in connection with submission of the claim or bringing of protest

Article 660. Terms of consideration of the claim, protest on the resolution on the case of administrative offense

Article 661. Individual consideration by the judge of the claim, protest on the judge's ruling on the case of administrative offense

Article 662. Preparation for consideration of the claim, protest on the resolution on the case of administrative offense

Article 663. Consideration of the claim, protest on the resolution on the case of administrative offense

Article 664. The decision according to the claim, protest to the resolution on the case of administrative offense

Article 665. The bases to cancellation or change of the resolution on the case of administrative offense

Article 666. Discrepancy of conclusions of the judge, body (official) about the actual facts of the case stated in the resolution on the case of administrative offense, to the proofs researched by consideration of the claim, protest

Article 667. Wrong application of the law on the administrative responsibility

Article 668. Fundamental breach of procedural rules of this Code

Article 669. Discrepancy of the administrative punishment imposed by the resolution to nature of committed offense, the identity of the guilty person or property financial position of the legal entity

Article 670. Cancellation or change of the resolution on suit abatement

Article 671. Announcement of determination according to the claim, protest to the resolution on the case of administrative offense

Chapter 40. Review of the resolutions which took legal effect on cases on administrative offenses and determinations by results of consideration of claims, protests on them

Article 672. Exclusive procedure for review of the resolutions which took legal effect on cases on administrative offenses and determinations by results of consideration of claims, protests on them

Article 673. Courts, competent to review resolutions on cases on administrative offenses and determinations by results of consideration of claims, protests on them

Article 674. Bringing of protest on resolutions on cases on administrative offenses and determinations by results of consideration of the claim, protest on them

Article 675. Suspension of execution of the resolution on imposing of administrative punishment

Article 676. Review of the resolutions which took legal effect on cases on administrative offenses in the Supreme Court of the Republic of Kazakhstan

Chapter 41. Rehabilitation. Indemnification, the body (official), the representative caused by illegal actions to consider cases on administrative offenses

Article 677. Rehabilitation by recognition of innocence of person brought to the administrative responsibility

Article 678. Persons having the right to indemnification of the body (official), the representative caused as a result of illegal actions to consider cases on administrative offenses

Article 679. The harm which is subject to compensation

Article 680. Recognition of the right to indemnification

Article 681. Compensation of property harm

Article 682. Elimination of effects of moral harm

Article 683. Terms of presentation of requirements

Article 684. Indemnification to legal entities

Article 685. Recovery of the rights in claim procedure

Chapter 42. Features of production for persons having privileges and immunity from the administrative responsibility

Article 686. Administrative responsibility of the deputy of Parliament of the Republic of Kazakhstan

Article 687. The administrative responsibility of candidates for president, in deputies of Parliament

Article 688. Administrative responsibility of the Chairman or members of the Constitutional Council of the Republic of Kazakhstan

Article 689. Administrative responsibility of the judge

Article 690. Administrative responsibility of the Attorney-General of the Republic of Kazakhstan

Article 691. Consideration by the judge of case on administrative offense concerning the deputy of Parliament of the Republic of Kazakhstan, the Chairman or members of the Constitutional Council of the Republic of Kazakhstan, the judge, the Attorney-General of the Republic of Kazakhstan

Article 692. Persons having diplomatic immunity from the administrative responsibility

Article 693. Examination, administrative detention and the drive of persons using diplomatic immunity

Article 694. Diplomatic immunity from evidence

Article 695. Diplomatic immunity of rooms and documents

Section 5. Execution of resolutions on imposing of administrative punishments

Chapter 43. Basic provisions

Article 696. The introduction of the resolution on the case of administrative offense in legal force

Article 697. Obligation of the resolution on imposing of administrative punishment

Article 698. The circulation of the resolution to execution

Article 699. Carrying out of the resolution on imposing of administrative punishment

Article 700. Permission of the questions connected with execution of the resolution on imposing of administrative punishment

Article 701. Delay and extension of the deadline for executing resolution on imposing of administrative punishment

Article 702. Release from execution of administrative punishment

Article 703. Prescription of execution of the resolution on imposing of administrative punishment in the field of the taxation

Article 704. The end of production on execution of the resolution on imposing of administrative punishment

Article 705. Appeal of actions in connection with execution of the resolution on imposing of administrative punishment

Chapter 44. Procedure for execution of separate types of administrative punishments

Article 706. Execution of the resolution on pronouncement of the prevention

Article 707. Voluntary execution of the resolution on imposing of penalty

Article 708. Forced execution of the resolution on imposing of penalty on physical person, the individual entrepreneur, the private notary, the private legal executive and the lawyer

Article 709. Forced execution of the resolution on imposing of penalty on the legal entity

Article 709-1. Procedure for the direction of the resolution on imposing of penalty on forced execution

Article 710. Execution of the resolution on imposing of the penalty collected on site making of administrative offense

Article 710-1. Procedure for execution of separate types of administrative punishments

Article 711. The end of production on execution of the resolution on imposing of penalty

Article 712. Execution of the resolution on paid withdrawal of the subject which was the tool or subject of making of administrative offense

Article 713. Execution of the order of confiscation of the subject which was the tool or subject of making of administrative offense

Article 714. The bodies performing the resolution on deprivation of the special right

Article 715. Procedure for execution of the resolution on deprivation of the special right

Article 716. Procedure for execution of the resolution on deprivation of the right of hunting

Article 717. Procedure for execution of the resolution on deprivation of the right to operation of radio-electronic means or high-frequency devices

Article 718. Procedure for execution of the resolution on deprivation of the right of carrying and storage of weapon

Article 719. Execution of the resolution on deprivation of the license, special permission, the competence certificate (certificate) or suspension of their action on certain type of activity

Article 720. The bodies performing the resolution on deprivation of the license, special permission, the competence certificate (certificate) or suspension of their action on certain type of activity

Article 721. Procedure for execution of the resolution on deprivation of the license, special permission, the competence certificate (certificate) or suspension of their action on certain type of activity

Article 722. Calculation of terms of deprivation of the license, special permission, the competence certificate (certificate) or suspension of their action on certain type of activity

Article 723. Execution of the resolution on suspension or prohibition of activities of the individual entrepreneur or legal entity

Article 724. Procedure for execution of the resolution on suspension or prohibition of activities of the individual entrepreneur or legal entity

Article 725. Execution of the resolution on forced demolition of structure

Article 726. Expenses on accomplishment of the resolution on forced demolition of structure

Article 727. Execution of the resolution on administrative detention

Article 728. Evasion effects from serving of administrative detention

Article 729. Execution of the resolution regarding compensation of property damage

Article 730. The bodies performing execution of the resolution on administrative expulsion from the Republic of Kazakhstan of foreigners and persons without citizenship

Article 731. Execution of the resolution on administrative expulsion from the Republic of Kazakhstan of foreigners and persons without citizenship

Article 732. Execution of the resolution on examination of traffic regulations

Article 733. Procedure for execution of the resolution regarding application of enforcement powers of medical nature

Section 1. General provisions

Chapter 1 Legislation on administrative offenses

Article 1. Legislation of the Republic of Kazakhstan on administrative offenses

1. The legislation of the Republic of Kazakhstan on administrative offenses consists of of this Code of the Republic of Kazakhstan about administrative offenses. Other laws providing the administrative responsibility are subject to application only after their inclusion in 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.

Article 2. Basis of the administrative responsibility

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.

Article 3. Powers of local representative bodies on establishment of rules for which violation the administrative responsibility is provided

1. For the purpose of ensuring public order and safety in case of emergency situations of natural and technogenic nature local representative bodies of areas, the cities of republican value and the capital, the cities and areas have the right to establish within the competence rules for which violation persons can be brought to the administrative responsibility provided by Articles 362 and 363 of this Code.

2. Local representative bodies of areas, the cities of republican value and the capital can also establish rules for which violation the administrative responsibility is provided by Articles 281-1, 300, of 310, of 311, of the 387th of this Code.

Article 4. Operation of the legislation of the Republic of Kazakhstan on responsibility for administrative offenses in space

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.

Article 5. Operation of the legislation on responsibility for administrative offenses in time

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.

Article 6. Retroactive effect of the law about administrative offenses

1. The law canceling or mitigating responsibility for administrative offense has retroactive force, that is extends to the offense made before introduction of this law in action.

2. The law establishing or strengthening responsibility for administrative offense or otherwise worsening situation of person who made offense, has no retroactive force.

Chapter 2 of the Task and principles of the legislation on administrative offenses

Article 7. Tasks of the legislation on administrative offenses

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 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 the types of 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.

Article 8. Value of the principles of the legislation on administrative offenses

Value of the principles of the legislation on administrative offenses consists that their violation depending on its nature and materiality attracts recognition of the taken place proceeedings invalid, cancellation of the decisions passed during such production or recognition of the materials collected at the same time which do not have strength of evidence.

Article 9. Legality

1. The administrative offenses and measures of administrative and legal impact imposed for their making are determined only by this Code. Nobody can be subjected to administrative punishment, measures of administrative and legal impact or measures of ensuring proceeedings about administrative offense differently, as on the bases and according to the procedure, established by this Code.

2. Court, bodies (officials), representatives to consider cases on administrative offenses, in case of production on cases on administrative offenses shall observe precisely requirements of the Constitution of the Republic of Kazakhstan, of this Code, other regulatory legal acts specified in Article of 1 of this Code. The constitution of the Republic of Kazakhstan has the highest legal force and direct action in all territory of the Republic of Kazakhstan. In case of contradiction between the rules established by the law and the Constitution of the Republic of Kazakhstan Constitution provisions are effective.

3. Courts have no right to apply the laws and other regulatory legal acts infringing the rights and freedoms of man and citizen affirmed by the Constitution. If the court sees that the law or other regulatory legal act which is subject to application infringes at the rights and freedoms of man and citizen affirmed by the Constitution, it shall suspend proceeedings and address to the Constitutional Council of the Republic of Kazakhstan with idea of recognition of this act unconstitutional. On receipt court of the decision of the Constitutional Council proceeedings are resumed.

Decision of the courts and bodies (officials), representatives to consider the cases on administrative offenses based on the law or other regulatory legal act recognized unconstitutional to execution are not subject.

4. Violation of the law by court, bodies (officials), representatives to consider cases on administrative offenses, in case of production on cases on administrative offenses inadmissibly and involves the responsibility established by the law, recognition invalid the adopted acts and their cancellation.

Article 10. Exclusiveness of competence of court

1. Competence of court, limits of its jurisdiction, procedure it productions are determined by cases on administrative offenses by the law and cannot be randomly changed. The organization of emergency or special courts under any name is not allowed. Decisions of emergency courts, and also others illegally the founded courts have no legal force and are not subject to execution. Assignment of powers of authority of court somebody attracts the responsibility provided by the law.

2. The judgment which was performing production on cases on administrative offenses, on incompetent to it to case, exceeded the authority or otherwise broken the principles of the legislation on administrative offenses provided by this Code, are illegal and are subject to cancellation.

3. The judgments on cases on administrative offenses can be checked and reviewed only by the relevant courts according to the procedure, provided by this Code.

Article 11. Equality of persons before the law

Persons who made administrative offenses are equal before the law and residences, belongings to public associations, and also any other circumstances are subject to the administrative responsibility, irrespective of origin, social, official and property status, racial and national identity, beliefs, floor, language, the relation to religion and nature of occupations.

Article 12. Presumption of innocence

1. The physical person against which proceedings on administrative offense are initiated is considered innocent until his guilt is proved in the procedure provided by this Code and is established by the judge's ruling which took legal effect, body (official) who considered case within the powers.

2. Nobody shall prove the innocence.

3. Any doubts in guilt are interpreted for benefit of person against whom proceedings on administrative offense are initiated. In its advantage also the doubts arising in case of application of the legislation on administrative offenses shall be permitted.

Article 13. Principle of fault

1. The physical person is subject to the administrative responsibility only for those offenses concerning which his guilt is ascertained. Objective imputation, that is the administrative responsibility for innocent causing harm by physical person, is not allowed.

2. The physical person who made act is found of administrative offense guilty it is intentional or on imprudence.

Article 14. Inadmissibility of repeated administrative prosecution

Nobody can be twice brought to the administrative responsibility for the same offense.

Article 15. Principle of humanity

1. The legislation of the Republic of Kazakhstan on administrative offenses ensures safety of the person.

2. The administrative punishment applied to person who made offense cannot aim at causing physical sufferings or humiliation of human dignity.

Article 16. Integrity of human beings

1. Nobody can be subjected to administrative detention, the drive, delivery in law-enforcement body (police) or other state bodies, to personal inspection and examination of the things which are under physical person differently, as on the bases and according to the procedure, established by this Code.

2. Arrest as measure of administrative punishment can be imposed only under the judge's ruling in the cases and procedure established by this Code.

3. Each detainee subjected to the drive brought to law-enforcement body (police) or other state body is immediately told the bases of detention, the drive, delivery, and also legal qualification of administrative offense which making to it is imputed.

4. The state body (official) shall exempt immediately illegally the detainee subjected to the drive, delivery or who is under arrest over the term, provided by the judge's ruling.

5. None of persons participating in case on administrative offense can be exposed to violence, the cruel or degrading human dignity address.

6. Making in production process on the case of administrative offense against the will of person or his representative of the actions breaking integrity of human beings is possible only in the cases and procedure which are directly provided by this Code.

7. Content of person concerning which as measure of administrative punishment arrest is chosen and also person subjected to administrative detention shall be performed in the conditions excluding threat of his life and to health.

8. The harm done to physical person as a result of illegal arrest, content in conditions, life-threatening and health, him abuse is subject to compensation according to the procedure, provided by the law.

Article 17. Respect of honor and advantage of the personality

1. In case of production on cases on administrative offenses the decisions and actions degrading honor or belittling advantage of person participating in case are prohibited collection, use and distribution of data on private life are not allowed, and equally in data of personal nature which person considers necessary to keep in secret, for the purposes which are not provided by this Code.

2. The moral harm done to person in course of production on cases on administrative offenses by illegal actions of court, other state bodies and officials is subject to compensation in the procedure established by the law.

Article 18. Personal privacy

Private life, personal and family secret are under protection of the law. Everyone has the right to the mystery of personal deposits and savings, correspondence, telephone negotiations, post, cable and other messages. Restrictions of these rights in course of production on the case of administrative offense are allowed only in cases and according to the procedure, directly established by the law.

Article 19. Security of property

1. The property is guaranteed by the law. Nobody can be deprived of the property differently as by a court decision.

2. Withdrawal of property and documents; discharge from vehicle control, the small size vessel; detention of the vehicle, small size vessel; examination of vehicles, small size vessels; survey of the territories, rooms, vehicles, goods, other property, and also the relevant documents can be made only in cases and according to the procedure, provided by this Code.

Article 20. Independence of judges

1. The judge in case of administration of law is independent and submits only to the Constitution of the Republic of Kazakhstan and the law.

2. Judges and courts resolve cases on administrative offenses in the conditions excluding foreign impact on them. Any intervention in activities of court for administration of law is inadmissible and attracts legal accountability. On specific cases of the judge are not accountable.

3. Guarantees of independence of the judge are established by the Constitution of the Republic of Kazakhstan and the law.

Article 21. Production language

1. Production on cases on administrative offenses in the Republic of Kazakhstan is conducted in state language, and in need of production on an equal basis with state Russian or other languages is used.

2. The judge, bodies (officials), representatives to consider cases on administrative offenses, in the resolution on the case of administrative offense determine production language by case in point. Production on the same case is performed in one of production languages established by the court order body (official), the representative to consider cases on administrative offenses.

3. The right to make statements, to offer explanations and indications, to declare petitions, to bring claims, to get acquainted with case papers, to act by its consideration in the native language or other language which they know, free of charge to use translation service is explained and provided to the persons participating in case not knowing or insufficiently knowing language in which proceeedings are conducted.

4. Transfer into language of production necessary it by law the case papers stated in other language free of charge is provided to persons participating in production on cases on administrative offenses.

5. The procedural documents which are subject to delivery to the offender and the victim shall be translated into their native language or into language which they know.

6. Expenses for transfer and translation service are paid at the expense of the government budget.

Article 22. Release from obligation to give the testimony

1. Nobody shall give evidences against himself, the spouse (spouses) and the close relatives whose circle is determined by the law.

2. Priests shall not witness against trusted in them on confession.

3. In the cases provided by parts one and the second this Article, specified persons have the right to refuse evidence and cannot be subjected for it to any responsibility.

Article 23. Providing rights to qualified legal aid

1. Everyone has the right during administrative production of qualified legal aid according to provisions of this Code.

2. In the cases provided by the law, legal aid is given free of charge.

Article 24. Publicity of production on cases on administrative offenses

1. Court, bodies (officials), representatives to consider cases on administrative offenses, perform production on these cases openly.

2. According to the law the closed production is performed concerning the cases containing the data which are the state secrets and also in case of satisfaction with court, body (official), representative to consider cases on administrative offenses, petitions of the person participating in case referring to need of providing secrecy of adoption, preserving the personal, family, commercial or protected by the law other mystery, data on intimate aspects of life of physical persons or to other circumstances interfering open trial.

3. Personal correspondence and personal cable messages of physical persons can be announced in case of open production only with the consent of persons between whom there were correspondence and cable messages. Otherwise personal correspondence and personal cable messages of these persons are disclosed and researched in case of the closed production. The specified rules are applied also in case of research of photo and film documents, zvuko of the videos containing data of personal nature.

4. Persons participating in case and the physical persons which are present at open production have the right to fix in writing or with use of audio recording course of production from the places taken by them indoors where production is performed. Film and photographing, video, straight line of radio - and TV broadcast in course of production are allowed according to the leave of court, body (official), the representative to consider cases on administrative offenses, taking into account opinion of persons participating in case. These actions shall not disturb normal course of production and can be limited in time.

Article 25. Safety in course of production

Production on cases on administrative offenses happens in the conditions ensuring normal functioning of court, body (official), representative to consider cases on administrative offenses, and safety of participants of production. For the purpose of safety the judge, the official can dispose about conducting check of persons wishing to be present at proceeedings including verification of the documents proving their identity, personal inspection and examination of the things which are carried by by them.

Article 26. Freedom of appeal of legal proceedings and decisions

1. Actions and the judgments, body (official), the representative to consider cases on administrative offenses, can be appealed according to the procedure, established by this Code.

2. Person participating in case has the right to review of resolutions on cases on administrative offenses according to the procedure, established by this Code.

3. The circulation of the claim to the detriment of person who made the complaint or to the detriment of person for the benefit of whom it was submitted is not allowed.

Article 27. Judicial protection of the rights, freedoms and legitimate interests of person

1. Everyone has the right to judicial protection of the rights and freedoms. The interested person has the right according to the procedure, established by the law, to take a legal action behind protection of the violated or disputed rights, freedoms or interests protected by the law.

2. The prosecutor has the right to take a legal action with the claim (statement) for the purpose of implementation of the obligations assigned to it and for protection of the rights of physical persons, organizations, public and state interests.

3. Can to nobody without its consent be changed the cognizance provided for it by the law.

Section 2. Administrative offense and administrative responsibility

General part

Chapter 3 Administrative offenses

Article 28. Administrative offense

1. Administrative offense action either failure to act of physical person or illegal action or failure to act of the legal entity for which this Code provides the administrative responsibility is recognized illegal, guilty (intentional or careless).

2. Imposing of administrative punishment on physical person does not exempt from the administrative responsibility for this offense the legal entity, as well as administrative prosecution of the legal entity does not exempt from the administrative responsibility for this offense guilty physical person.

3. The administrative responsibility for the offenses provided by Articles of the special part of this Code comes if these offenses in character do not involve according to the legislation of criminal liability.

Article 29. Making of administrative offense is intentional

The administrative offense is recognized committed intentionally if the physical person which made it understood illegal nature of the action (failure to act), expected its harmful effects and wished or consciously allowed approach of these effects or was indifferent to them.

Article 30. Making of administrative offense on imprudence

The administrative offense is recognized committed on imprudence if the physical person which made it expected possibility of approach of harmful effects of the action (failure to act), but without the bases, sufficient to that, thoughtlessly expected their prevention, or did not expect possibility of approach of such effects though it in case of due attentiveness and foresight shall and could expect them.

Chapter 4 Administrative responsibility

Article 31. Persons which are subject to the administrative responsibility

Are subject to the administrative responsibility:

1) the physical responsible person who reached the age established by this Code;

2) legal entity.

Article 32. Age on reaching which there comes the administrative responsibility of physical person

The physical person which reached by the time of making of administrative offense of sixteen-year age is subject to the administrative responsibility.

Article 33. Diminished responsibility

The physical person which during making of the illegal act provided by this Code was in diminished responsibility condition is not subject to the administrative responsibility, that is could not realize the actual nature and danger of the actions (failure to act) or to direct them owing to chronic mental disease, temporary mental disturbance, weak-mindedness or other disease state of mentality.

Article 34. The administrative responsibility of the official and other persons performing managerial functions, individual entrepreneurs, private notaries, private legal executives and lawyers

1. The official is brought to the administrative responsibility on condition of making of administrative offense in connection with non-execution or improper execution of service duties by it. In the absence of this circumstance the official guilty of making of administrative offense is subject to responsibility in accordance with general practice.

2. The physical persons registered in the procedure established by the legislation and performing individual business activity without formation of legal entity (further - individual entrepreneurs), the private notary, the private legal executive, the lawyer, and equally the workers of the individual entrepreneur and the legal entity performing organizational and administrative or administrative functions and also heads of the legal entity bear the administrative responsibility as officials.

3. If in regulations of this Code it is not specified whether they are applied to the physical persons who are officials, individual entrepreneurs, private notaries, private legal executives, lawyers, these regulations are effective concerning all physical persons, except as specified, when on content of these regulations they belong and can be applied only to the physical persons who are officials, individual entrepreneurs, private notaries, private legal executives, lawyers.

Note. Officials persons are recognized this Code, it is permanent, temporary or on special power the performing functions of the public agent or the performing organizational and administrative or administrative functions in state bodies, local government bodies, and also in Armed forces of the Republic of Kazakhstan, other troops and military forming of the Republic of Kazakhstan.

Article 34-1. Features of the administrative responsibility when fixing offense special technical means

1. In case of fixing of administrative offense the certified special control and measuring technical means and devices to the administrative responsibility for administrative offenses in the field of traffic bring owners (owners) of vehicles.

2. The owner (owner) of the vehicle is exempted from the administrative responsibility for the offense made with participation of this vehicle if during check according to its message or the statement person in whose ownership it was at the time of fixing of offense is identified or it was disposed from its possession as a result of illegal actions of other persons.

Note.

Owners of vehicles the physical persons owning the vehicle on the property right and also physical persons to which the vehicles belonging to physical persons and legal entities are given to temporary ownership and use are recognized Articles of this Code.

In Articles of this Code it is necessary to understand the technical means and devices of observation and fixing of offenses which underwent metrological checking as the certified special control and measuring technical means and devices, photo, the video equipment, the fixing fact and time of making of offense, type, brand, the state registration registration plate, and also speed and the direction of movement of the vehicle.

Article 35. The administrative responsibility of the serviceman, prosecutor and other persons to whom operation of disciplinary charters or special provisions, for making of administrative offenses by them extends