LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 30, 2019 No. 300-VI ZRK

About modification and amendments in the Code of the Republic of Kazakhstan about administrative offenses

Article 1. Make the following changes and additions to the Code of the Republic of Kazakhstan about administrative offenses of July 5, 2014 (Sheets of Parliament of the Republic of Kazakhstan, 2014, No. 18-І, 18-ІІ, Art. 92; No. 21, Art. 122; No. 23, Art. 143; No. 24, Art. 145, 146; 2015, No. 1, Art. 2; No. 2, Art. 6; No. 7, Art. 33; No. 8, Art. 44, 45; No. 9, Art. 46; No. 10, Art. 50; No. 11, Art. 52; No. 14, Art. 71; No. 15, Art. 78; No. 16, Art. 79; No. 19-І, Art. 101; No. 19-II, Art. 102, 103, 105; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-І, Art. 124, 125; No. 21-II, Art. 130; No. 21-III, Art. 137; No. 22-І, Art. 140, 141, 143; No. 22-II, Art. 144, 145, 148; No. 22-III, Art. 149; No. 22-V, Art. 152, 156, 158; No. 22-VI, Art. 159; No. 22-VII, Art. 161; No. 23-І, Art. 166, 169; No. 23-II, Art. 172; 2016, No. 1, Art. 4; No. 2, Art. 9; No. 6, Art. 45; No. 7-І, Art. 49, 50; No. 7-II, Art. 53, 57; No. 8-І, Art. 62, 65; No. 8-II, Art. 66, 67, 68, 70, 72; No. 12, Art. 87; No. 22, Art. 116; No. 23, Art. 118; No. 24, Art. 124, 126, 131; 2017, No. 1-2, of Art. 3; No. 9, Art. 17, 18, 21, 22; No. 12, Art. 34; No. 14, Art. 49, 50, 54; No. 15, Art. 55; No. 16, Art. 56; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 23-V, Art. 113; No. 24, Art. 114, 115; 2018, No. 1, Art. 4; No. 7-8, of Art. 22; No. 9, Art. 27; No. 10, Art. 32; No. 11, Art. 36, 37; No. 12, Art. 39; No. 13, Art. 41; No. 14, Art. 44; No. 15, Art. 46, 49, 50; No. 16, Art. 53; No. 19, Art. 62; No. 22, Art. 82; No. 23, Art. 91; No. 24, Art. 93, 94; 2019, No. 1, Art. 2, 4; No. 2, Art. 6; No. 5-6, of Art. 27; No. 7, Art. 36, 37; No. 8, Art. 45; No. 15-16, of Art. 67; No. 19-20, of Art. 86; The Law of the Republic of Kazakhstan of November 25, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning rendering the state services", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 27, 2019; The law of the Republic of Kazakhstan of November 26, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning public service and anti-corruption", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 29, 2019; The Law of the Republic of Kazakhstan of December 13, 2019 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning physical culture and sport", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on December 19, 2019):

1) in table of contents:

to state heading of Article 96 in the following edition:

"Article 96. Not message on the fact of the accident connected with labor activity";

to exclude headings of Articles 144 and 152;

to state heading of Article 205 in the following edition:

"Article 205. Untimely or incomplete payment of non-tax payments and sales proceeds of fixed capital in the budget, except for receipt of funds of the connected grants";

add with headings of Articles 234-1 and 434-2 of the following content:

"Article 234-1. Inefficient planning and (or) inefficient use of budgetary funds";

"Article 434-2. Pollution of places public";

459, of 500, of 502, 604 and 605 to exclude headings of Articles;

to state headings of Articles 631 and 632 in the following edition:

"Article 631. Failure to meet requirements on works on roads, to content of roads, railway crossings and other road constructions

Article 632. The failure to meet requirements of the legislation of the Republic of Kazakhstan on content of viewing wells of underground communications creating traffic safety hazard";

add with headings of Articles 699-1, 722-1, 728-1, 731-1, 731-2, 737-1, 737-2 of the following content:

"Article 699-1. Body in the field of space activities";

"Article 722-1. Calculating committee on control of execution of the republican budget and audit committees of areas, cities of republican value, capital";

"Article 728-1. The bodies which are licensors or representatives on issue of permissions of the second category according to the legislation of the Republic of Kazakhstan";

"Article 731-1. Authorized body in the field of archiving and documentary ensuring management

Article 731-2. Authorized body in the field of development of languages";

"Article 737-1. Mode of production on cases on administrative offenses

Article 737-2. The procedural documents constituted electronically";

to state heading of Article 795 in the following edition:

"Article 795. Withdrawal of the things, goods and documents which are under physical person";

Article 1 to add 2) with part of 2-1 following content:

"2-1. Modification and (or) amendments in this Code is performed by the law which is not providing modification and amendments in other legal acts of the Republic of Kazakhstan.

This provision does not extend to cases of exception of the administrative responsibility, and also to drafts of the laws drafted according to the procedure of the legislative initiative of the President of the Republic of Kazakhstan.";

Part 1-1 of Article 47 to state 3) in the following edition:

"1-1. Deprivation of permission or suspension of its action are imposed by the judge, authorized body (official) taking into account provisions of parts three, the fourth, fifth, sixth and 6-1 this Article.";

4) parts the second, third and fourth Article 48 to state in the following edition:

"2. Suspension or prohibition of activities or its separate types is made judicially or body (official), the representative to consider cases on administrative offenses if for making of administrative offense purpose of the sanction in the form of suspension or prohibition of activities is possible. Consideration of such cases is performed within ten days.

3. Suspension of operations or its separate types is established for a period of up to three months.

4. Before consideration of the case the providing measure in the form of suspension or prohibition of activities or its separate types according to the procedure, stipulated in Article 801 of this Code can be applied to physical person or legal entity. In this case the term of suspension or prohibition of activities or its separate types joins suspensions or prohibitions of activities or its separate types in time if this measure of administrative punishment is applied when considering the case.";

Article 52 to state 5) in the following edition:

"Article 52. Measures of administrative and legal impact

1. The following measures of administrative and legal impact are applied to person who made administrative offense for the purpose of the prevention of making by this person of new offenses according to this Code:

1) examination of traffic regulations;

2) establishment of special requirements to behavior of the offender;

3) examination of rules of safe handling of civil and office weapon.

2. The measures of administrative and legal impact specified in part one of this Article are applied along with imposing of administrative punishment, and instead of it in case of release of person who made administrative offense from the administrative responsibility on the bases provided by Articles 64, of 64-1 of this Code.";

"598 (part three)" shall be replaced with words 6) in part one of Article 53 of the word "598 (part two)";

Paragraph one of part one of Article 54 to state 7) in the following edition:

"1. When considering the case about administrative offense by court on own initiative or according to the petition of police agencies or other participants of proceeedings for administrative offense special requirements to behavior persons can be identified, the made administrative offense provided by Articles 73, 73-1, 73-2, 127, of 128, of 131, of 434, of 435, of 436, 440 (part three), 442 (part three), 448, of 461, of 482, 485 (part two) of this Code for a period of three months up to one year providing will in full or separately lock:";

8) the second Article 58 to state part in the following edition:

"2. If person made several administrative offenses which are considered by the same judge, authorized body (official), then in case of imposing on this person of penalties of the same type the final amount of collection cannot exceed the triple maximum limit set by this Code for this type of collection for administrative detention cannot exceed the term established by part one of article 50 of this Code, and for deprivation of the special right - the terms established by parts two and third article 46 of this Code.";

9) in Article 62:

the fifth to state part in the following edition:

"5. The current of term of imposing of administrative punishment for administrative offense stops from the moment of purpose of examination, removal of determination about the drive of person concerning which proceeedings are conducted, and also the directions of case in court or to the official of state body, authorized to consider cases on administrative offenses.

Calculation of these terms is resumed from the moment of receipt of results of examination, and also the actual delivery of person brought to the administrative responsibility in the body (to the official) performing determination about the drive.

Aggregate term of the drive cannot exceed more than one month.";

in part eight of the word "it is reviewed on the prosecutor's protest" shall be replaced with words "it is reviewed on the representations of the Chairman of the Supreme Court, the chairman of specialized judicial board of the Supreme Court, the prosecutor's protest given";

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