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THE CODE OF THE KYRGYZ REPUBLIC ABOUT OFFENCES

of October 28, 2021 No. 128

Accepted by Jogorku Kenesh of the Kyrgyz Republic on September 22, 2021

General part

Section I. Legislation of the Kyrgyz Republic on offenses

Chapter 1. Tasks and principles of the legislation of the Kyrgyz Republic on offenses

Article 1. Legislation of the Kyrgyz Republic on offenses

The legislation of the Kyrgyz Republic (further - the legislation) about offenses is based on the Constitution of the Kyrgyz Republic (further - the Constitution) and consists of of this Code, the laws of the Kyrgyz Republic (further - the laws), and also the international treaties which became effective according to the legislation of the Kyrgyz Republic which are component of system of law of the Kyrgyz Republic.

Article 2. Tasks of the legislation on offenses

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

2. For implementation of the specified tasks this Code establishes the principles and the bases of responsibility for making of offenses, determines what acts are offenses, procedure for hearing of cases about them, types of penalties and additional consequence in law for their making.

Chapter 2. Operation of the legislation on offenses

Article 3. Action of this Code in time

1. Person who made offense 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 offense have no retroactive effect.

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

Article 4. Action of this Code in space

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

2. The offense 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 offenses.

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

Chapter 3. Principles of responsibility for offenses

Article 6. Principles of responsibility for offenses

1. Responsibility for making of offenses 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 offenses 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. The offense, collection and additional consequence in law are determined by this Code.

2. Persons are subject to accountability for the infringement of health of man and citizen provided by this Code, the property right of physical persons and legal entities, disorderly conduct, and also other requirements established by regulatory legal acts of the Kyrgyz Republic (further - regulatory legal acts).

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

4. Accountability for making of offense 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 offense 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 offense 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 offense 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 the tort liability

1. Each person who made offense 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 offense and circumstances of its making.

2. Accountability twice for the same offense 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. Offense

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

Article 14. Concept of offense and its subject

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

2. Responsibility for the offenses provided by this Code comes if these acts do not attract responsibility according to the Criminal code of the Kyrgyz Republic.

3. Subjects of offense are physical persons and legal entities, and also officials.

Article 15. The physical persons which are subject to responsibility for making of offense

1. The physical person which reached age of sixteen years is subject to responsibility for making of offense.

2. Offense committing by person in state of intoxication owing to alcohol intake, narcotic, psychotropic drugs or other stupefying substances or under the influence of the medical supplies reducing its attention and speed of reaction does not exempt it from liability under this Code.

Note. The physical person is understood as the citizen of the Kyrgyz Republic, the citizen of foreign state, the stateless person.

Article 16. Responsibility of officials for making of offenses

Officials are made responsible for making of the offenses provided by this Code.

Note. Officials are understood as persons, is permanent, temporary or on special power the performing functions of the public agent or the carrying-out organizational and administrative and (or) administrative, and (or) control and auditing, and (or) registration functions in state bodies, local government bodies, the state and municipal organizations, organizations, the companies, and also in Armed Forces of the Kyrgyz Republic and other military forming.

Organizational and administrative functions consist in implementation of powers on management of persons subordinated on service.

Administrative functions consist in implementation of powers on management and the order of property and money.

Control and auditing functions consist in implementation of powers on conducting checks, audits of physical persons or legal entities.

Registration functions consist in registration of the rights of citizens and legal entities for personal and (or) real estate, acts of civil status of citizens, documentation of citizens, foreign citizens, stateless persons, and also other rights which are subject to registration according to the legislation.

The public agent - person given in the procedure established by the law administrative authority concerning persons which are not from it in job dependency or departmental subordination.

Article 17. The legal entities who are subject to responsibility for making of offense

For making of offense of responsibility the legal entity, including the foreign legal entity, and also their representations, branches without the status of the legal entity with the location in the territory of the Kyrgyz Republic are subject.

The individual entrepreneurs (with the right of hiring of workers) who made offenses in connection with implementation of business activity bear responsibility as legal entities.

Article 18. Forms of fault of physical person

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

2. The offense is recognized committed on imprudence if person which made it expected possibility of approach of harmful effects of the action (failure to act), but self-confidently expected prevention of such effects, or did not expect possibility of approach of such effects though it shall and could expect them.

Article 19. Wine of legal entities

The legal entity who made offense is found guilty if the physical person which is with it in employment relationships or the physical person performing certain operations for the benefit of the legal entity (including under the agreement), realized or could and owed realize illegality of the act (action or failure to act).

Chapter 5. The circumstances excluding guilt of person and illegality of offense

Article 20. The circumstances excluding guilt of person

The circumstance excluding guilt of physical person making of illegal act-faced which could not realize the action (failure to act) is recognized and direct it owing to chronic mental disease, temporary mental disorder, weak-mindedness or other disease state of mentality.

Article 21. The circumstances excluding illegality of offense

The circumstances excluding illegality of offense are justifiable defense, emergency, damnification during detention of person who made illegal act, physical or mental compulsion, accomplishment of the legal order or order.

Article 22. Justifiable defense

Action for which this Code provides responsibility, but made in condition of justifiable defense, that is for the purpose of the protection of the person, the dwelling and other objects which are at it in property or other right, and also other rights of the defending or other person protected by the law of interests of society and state from illegal encroachment by causing encroaching harm is not offense if these actions are proportional to extent of the posed threat.

Article 23. Emergency

Damnification to the right protected interests in emergency condition, that is for elimination of danger which threatened the rights and personal freedoms, interests of legal entities, public order, property, established procedure of management is not offense if danger under these circumstances could not be eliminated with other means.

Article 24. Damnification during detention of person who made illegal act

1. Damnification to person is not offense during his detention at the moment or directly after making of illegal act by it for the purpose of transfer of the detainee to authorities if at the same time explicit discrepancy of measures of detention to nature and degree of public danger of deeds to detainees and to circumstances of detention was not allowed.

2. Exceeding of the measures necessary for detention of person who made illegal act explicit discrepancy of means and methods of detention of danger of the act and person which made it, and also to circumstances of detention therefore the harm which is not caused by need of detention is intentionally done to person is recognized. Causing at the same time harm on imprudence does not attract responsibility.

Article 25. Physical or mental compulsion

The act of person which did harm to the right protected interests is not offense, the face made under direct influence of physical (mental) compulsion, owing to which could not direct the acts.

Article 26. Accomplishment of the legal decision of the official or collegiate organ

1. Act of person which does harm to the right protected interests is not offense if it is made for the purpose of accomplishment of the legal decision of the official or collegiate organ.

2. Decisions of the official or collegiate organ are legal if they are given by the corresponding person or collegiate organ according to the procedure and the limits of their powers set by the legislation.

3. The refusal to execute illegal decision of the official or collegiate organ is not offense.

4. Person is subject to responsibility for execution of illegal decision on an equal basis with person or collegiate organ which made this decision.

5. If person did not realize and could not realize illegal nature of the made decision, then the tort liability is born only by person or collegiate organ which made this decision.

Section III. Offense consequence in law

Chapter 6. Penalties

Article 27. Concept and purposes of collection

1. Collection is the corrective action applied by the state for committed offense.

2. Collection is applied to physical person for the purpose of providing law and order, observance of the Constitution and regulatory legal acts, and also prevention of making of new offenses by both this person, and other persons.

3. Collection is applied to the legal entity for the purpose of recovery of law and order and prevention of making of new offenses by both this legal entity, and other persons.

Article 28. Types of penalties

For making of offenses the following types of penalties can be applied:

1) prevention;

2) social jobs;

3) penalty;

4) expulsion of foreign citizens;

5) arrest.

Article 29. Prevention

The warning is issued by authorized body in writing and is intended for non-admission of making of similar offenses in the future. The prevention can be applied when making the offenses which did not entail harmful effects in the cases provided by the Special part of this Code.

Article 30. Social jobs

1. Social jobs consist in accomplishment by the offender in time of free work, free from the main work or study, for benefit of society and the state.

2. Social jobs are appointed by court for a period of 8 till 40 o'clock, and to children from sixteen to eighteen years - from 4 to 20 hours.

3. Social jobs cannot be applied to women at the age of over fifty five years and men are over sixty years old, to the expectant mothers, women having children under three years, to persons with limited opportunities of health having disability of the first and second groups.

4. Attraction to social jobs is forbidden at night. In case of involvement of the offender to social jobs the toxic, radioactive and other materials doing harm to health and life of the offender shall not be used.

Article 31. Penalty

1. The penalty is the cash collection in the income of the state imposed by court, authorized body on person guilty of making of offense.

2. The size of penalty is determined proceeding from the settlement indicator established at the time of making of offense, and in some cases, directly specified in this Code - frequency rates of the amount of proceeds from sales of goods (works, services) for making of offenses in the field of anti-monopoly regulation and development of the competition.

3. The minimum size of the penalty imposed on physical persons cannot be less than 10 settlement indicators.

The maximum size of the penalty imposed on physical person cannot exceed 200 settlement indicators.

4. The minimum size of the penalty imposed on the legal entity cannot be less than 50 settlement indicators.

The maximum size of the penalty imposed on the legal entity cannot exceed 650 settlement indicators, except for the penalties imposed for offenses, stipulated in Article the 318th of this Code which size cannot exceed 10000 settlement indicators, and Article 144 of this Code whose size cannot exceed 2000 settlement indicators, or can be expressed in the multiple size which procedure for determination is provided in part 6 of this Article.

5. The minimum size of penalty estimated proceeding from the amount of revenue of physical person or legal entity from sales of goods (works, services) cannot be less than one twentieth cumulative sizes of the amount of revenue, for the period, in which the offense was revealed.

The maximum size of penalty cannot exceed one tenth cumulative sizes of the amount of revenue of physical person or legal entity from realization of all goods (works, services) for the period in which the offense was revealed.

6. The size of the penalty estimated proceeding from the amount of revenue of the offender from sales of goods (work, service) in which market the offense is made, or from expense amount of the offender on purchase of goods (work, service) in which market the offense is made, cannot exceed the one twenty fifth the cumulative size of the amount of proceeds from sales of all goods (works, services) for the calendar year preceding year in which the offense was revealed or for the part of calendar year preceding date of identification of offense in which the offense was revealed if the offender did not perform sales activity or to purchase of goods (works, services) in prior calendar year.

The size of the penalty estimated proceeding from the amount of revenue of the offender received from sales of goods (work, service) owing to illegal overestimate of the prices regulated by the state (rates, quotations, rates and to that similar), cannot exceed the double size of excessively received revenue for the entire period of regulation during which the offense, but was made no more than one year.

7. For the purposes of application of this Article the proceeds from sales of goods (works, services) are determined according to determination of the concept "income" of the Tax code of the Kyrgyz Republic, and expenses on purchase of goods (works, services) are determined by documentary confirmed expenses according to the Tax code of the Kyrgyz Republic.

Article 32. Expulsion of foreign citizens for making of offense

1. Expulsion of foreign citizens for making of offense is forced, controlled movement of foreign citizens out of limits of the Kyrgyz Republic.

2. Foreign citizens are subject to expulsion out of limits of the Kyrgyz Republic for making of the offenses connected with violation of procedure for their stay in the Kyrgyz Republic, except as specified, stipulated by the legislation.

3. Expulsion of foreign citizens out of limits of the Kyrgyz Republic as disciplinary measures is appointed by court.

4. The foreign citizen shall leave the Kyrgyz Republic in time, specified in the judgment.

If person on whom the decision on expulsion is made does not leave the territory of the Kyrgyz Republic in the time established in the judgment, it is subject to the placement to the specialized centers for the term necessary for the organization of its expulsion, but no more than for 30 days about what this person is warned in case of decision of court about its expulsion.

Procedure for expulsion of foreign citizens, functioning and requirements to the specialized centers affirm the Cabinet of Ministers of the Kyrgyz Republic.

Article 33. Arrest

1. Arrest consists in content of the offender in the conditions of isolation from society in the places determined by law-enforcement bodies and is applied for a period of up to seven days.

The place of content of arrested shall meet sanitary standards and exclude possibility of acquisition (infection) of any diseases.

The procedure for functioning of places of serving of arrest and the requirement to content of persons affirms as them the Cabinet of Ministers of the Kyrgyz Republic.

2. Arrest is applied to physical person for the purpose of recovery of law and order and education of person, and also prevention of making of new offenses by both this person, and other persons.

3. Arrest is applied by court in the place of making of offense, and in the conditions of emergency or warlike situation - the commandant.

4. Arrest cannot be applied to children, to women at the age of over fifty five years and to men there are over sixty years, to expectant mothers, women having children under three years and persons which are bringing up alone the child aged up to sixteen years and also to persons with limited opportunities of health having disability of the first and second groups.

5. Arrest is applied to the military personnel in the cases provided by this Code for up to five days.

Military personnel contains on guardroom.

Chapter 7. Additional consequence in law of offense

Article 34. Concept, types and conditions of application of additional consequence in law of offense

1. Additional consequence in law of offense are the enforcement measures directed to prevention of making of new offenses or to ensuring execution of penalties.

2. Additional consequence in law of offense are:

1) penalty fee;

2) temporary withdrawal of property;

3) forced evacuation of vehicles on the specialized parking, use of locks of wheels or other types of devices;

4) discharge from vehicle control;

5) deprivation of the special right;

6) release of the official from post;

7) suspension of certain type of activity, recovery of object in its initial condition, demolition (dismantle) of object or its part.

3. Additional consequence in law are applied by authorized body irrespective of category of offense proceeding from circumstances of committed offense.

4. The additional legal consequence of offense in the form of withdrawal of property, forced evacuation of vehicles on the specialized parking, use of locks of wheels or other types of devices, discharge from vehicle control is applied also in cases of making of act by physical person before achievement of age by it from which there can come the tort liability.

Article 35. Penalty fee

1. The penalty fee is cash payment which is estimated percentage of the amount of untimely payment of penalty for each day of delay of payment in the amount of, to equal 1 percent.

2. The size of penalty fee is charged in calculation of 100 percent from the amount of the imposed penalty size after term for charge of penalty fee.

Article 36. Temporary withdrawal of property

1. Temporary withdrawal of property is performed forcibly based on the judgment, authorized body by withdrawal of objects and other things which:

1) are means, and also subject (tool) of making or object of offense;

2) are received as a result of making of offense.

About temporary withdrawal of property the mark in the protocol on offense becomes.

2. Temporary withdrawal of property and its subsequent storage until decision making about its further direction are performed by authorized body, and on the cases subordinated to courts, - the body which constituted the protocol on offense.

3. The question of return to the owner, destruction or confiscation in the income of the state of temporarily withdrawn property is allowed by court according to the procedure, stipulated in Article the 540th of this Code.

Article 37. Forced evacuation of the vehicle and use of locks of wheels or other types of devices

1. Forced evacuation consists in forced movement of the vehicle from the place of making of offense or from the place of making of the road accident on the specialized parking.

2. Blocking of wheels consists in the forced installation of technical means on the vehicle excluding possibility of movement of the vehicle (rotation of wheels) in case of violation by the transport driver of the regulatory legal acts establishing traffic regulations and procedure for use and protection of highways.

Other types of devices are applied to blocking of steering and accelerator pedals (for motorcycles, tricycles, ATVs and other motor-transport).

3. In case of forced evacuation of the vehicle the owner is notified on the location of the vehicle by placement of information on the corresponding website determined by the Cabinet of Ministers of the Kyrgyz Republic about what data are entered into the Automated Information System (AIS) of the Unified register of offenses. About forced evacuation of the vehicle and use of locks of wheels the corresponding mark in the protocol on offense becomes.

4. Expenses on forced evacuation of the vehicle and its storage are compensated by person who made offense.

5. The procedure for forced evacuation, movement of the vehicle to the specialized parking, its storages and use of locks of wheels or other types of devices is determined by the Cabinet of Ministers of the Kyrgyz Republic.

Article 38. Discharge from vehicle control

1. Discharge from vehicle control is temporary ban on vehicle control for the purpose of suppression (termination) of offenses.

2. Physical persons are discharged of vehicle control in the following cases:

1) if person managing the vehicle has in case of itself no registration certificate of the vehicle, the car driver license of the corresponding category;

2) if person managing the vehicle has in case of itself the car driver license and/or the registration certificate of the vehicle (the temporary termination of state registration of the vehicle) recognized as invalid;

3) if there are no state registration registration plates of the vehicle or one of them including if they non-standard (counterfeit) or are issued on other vehicle (false);

4) if numbers of body and the vehicle chassis do not correspond to data of the registration certificate of this vehicle;

5) if the vehicle is controlled person in state of intoxication and it is confirmed with results of the medical examination including which is carried out using special technical means, or the specified person refused survey passing;

6) if installation of the equipment or re-equipment of the vehicle are made with violation of normative requirements including if the vehicle is equipped with the special sound (multialarm) alarm system or flashing light signal or if the film prohibited to use is applied on glasses (except cases of elimination of film on site);

7) non-compliance (exceeding) with the weight and dimensional parameters of vehicles for driving through highways public of the Kyrgyz Republic set admissible regulations;

8) in case of violation of payment due date of the penalty established by part of 1 Article 563 of this Code in cases of making of the offenses provided by Chapter of 21 of this Code, over 100 settlement indicators;

9) implementation of the international motor transportations by foreign carrier without permission or without special permission to driving through the territory of the Kyrgyz Republic or with the permissions which are not corresponding to type of transport;

10) in case of the violation by transport drivers of Traffic regulations which entailed material damage to owners of vehicles or other property and also causing little harm to health of the person;

11) in case of violation of order of registration of the vehicle;

12) in case of autohooliganism committing by person.

3. Discharge from vehicle control is applied by prohibition and non-admission of person to vehicle control until all causes of discharge are not completely removed.

4. About discharge from vehicle control by the employee of authorized body in the field of internal affairs and authorized body in the field of transport the corresponding entry in the protocol on offense is made, and in the cases provided by Items 7-9 of part 2 of this Article the separate protocol is constituted and the decree on application of additional legal consequence in the form of discharge from vehicle control is issued.

5. In case of discharge of the driver from vehicle control authorized body in the field of internal affairs, and also authorized body in the field of transport deliver the vehicle for temporary storage to the specialized (penal) parking before decision making on case and elimination of all reasons specified in this Article and which formed the basis for discharge of person from vehicle control.

6. In the cases provided by part 4 of article 520 of this Code, in the presence in the automated information system of data on the offenses provided by Chapter of 21 of this Code fixed in the automatic mode by the certified special control and measuring technical means having functions photo and filmings, the videos made on the vehicle which is not registered in the territory of the Kyrgyz Republic concerning the managing director of this vehicle of person the protocol on offense on paper or electronically is constituted and this person is discharged of vehicle control.

Article 39. Deprivation of the special right

1. Deprivation of the special right granted to person (the rights of control of vehicles, the rights of hunting, the license, etc.), is applied for the violation of procedure for use of this right made two and more times within year.

2. In case of committing by person of the offenses provided by Articles 95, of 131, of 147, of 193, of the 427 and 428 of this Code, two and more times within year and also making of other offenses three and more times within year are initiated question of application of additional legal consequence in the form of deprivation of the special right according to the procedure, stipulated in Clause 572 of this Code.

Also in cases of making by persons of other offenses three and more times the authorized body in the procedure established by the law resolves issue of deprivation of person of the special right.

3. Deprivation of the right of control of vehicles cannot be applied to persons who use these means in connection with disability, except as specified managements are able alcoholic, drug intoxication, and also unauthorized leaving of the place of the road accident which participants they are.

Article 40. Release of the official from post

1. In case of making by the official of the offenses provided by Articles 435 and 436 of this Code repeatedly within year the court sends the decision which took legal effect to relevant organ for execution.

2. The additional legal consequence in the form of release of the official from post is applied also to the officials who made the offense provided by part 2 of article 437 of this Code.

Article 41. Suspension of certain type of activity, recovery of object in its initial condition, demolition (dismantle) of object or its part

In case of violation by persons of requirements of the legislation when implementing certain type of activity, owing to making of the offenses provided by Articles 74, of 98, of 144, of 274, of the 276 and 318 of this Code, the authorized body directs materials to relevant organ, authorized to make the decision on suspension of certain type of activity, recovery of object in its initial condition or demolition (dismantle) of object or its part or shall consider independently if the matter is within its competence.

In case of intake of such materials the relevant organ shall consider question of suspension of certain type of activity, recovery of object in its initial condition or demolition (dismantle) of object or its part in the procedure established by the law.

Chapter 8. General rules of application of penalties and release from their appointment

Article 42. Application of penalties

In case of application of penalties the nature of committed offense, the extent of damage suffered, circumstances mitigating or aggravating collection, and rather physical person - also the identity of the offender are considered.

Article 43. Application of penalties concerning children

1. The size of the penalty imposed on the child aged from sixteen up to eighteen years for making of offense cannot exceed 50 percent from the size of the penalties provided by the Special part of this Code, but no more than 50 settlement indicators.

In case of absence at the child aged from sixteen up to eighteen years of the official earnings sufficient for payment of penalty, the penalty (in the amount of, specified in this part) is imposed on the parents or persons replacing them.

2. Other types of penalties (except for arrest) are applied to children aged from sixteen up to eighteen years in accordance with general practice.

3. The child aged from sixteen up to eighteen years who for the first time made offense can be exempted by court, body, authorized to consider cases on offenses, from execution of the appointed collection using to it measures of educational impact, stipulated in Article 44 of this Code.

Article 44. Measures of educational impact

1. To the child aged from sixteen up to eighteen years the following measures of educational impact can be appointed:

1) law explanation;

2) assignment of obligation on recovery of the caused damage;

3) restriction of leisure and establishment of special requirements to behavior of the child.

2. The explanation of the law consists in explanation to the child aged from sixteen up to eighteen years of the harm done by its act and legal effects of repeated making of the offenses provided by this Code.

3. The obligation of recovery of the caused damage is assigned to the child aged from sixteen up to eighteen years taking into account its physical condition, property status and availability of the corresponding labor skills.

4. Restriction of leisure and establishment of special requirements to behavior of the child aged from sixteen up to eighteen years can provide prohibition of visit of certain places, uses of the certain forms of leisure including connected with vehicle control.

5. To the child aged from sixteen up to eighteen years several measures of educational impact can be appointed at the same time.

6. The term of application of measures of educational impact, stipulated in Item 3 parts of 1 this Article, is established by court lasting from one up to three months.

7. In case of non-execution by the child aged from measures of educational impact, sixteen till eighteen years, stipulated in Item 3 parts of 1 this Article, more than two times law-enforcement bodies bring materials into court for the solution of question of cancellation of these measures and imposing of collection if the prescriptive limit established by part 1 of article 559 of this Code did not expire.

Article 45. The circumstances mitigating responsibility

1. The circumstances mitigating responsibility of physical persons and legal entities voluntary indemnification or elimination of damage suffered are recognized.

2. The circumstances mitigating responsibility of physical persons are recognized also:

1) making of offense by the child aged from sixteen up to eighteen years;

2) making of offense by the expectant mother or woman having the child aged up to five years;

3) provision of medical or other care injured directly after making of offense;

4) making of offense under the influence of threat or owing to material dependence;

5) frank repentance of the guilty person;

6) making of offense in case of confluence of difficult personal or family circumstances.

Article 46. The circumstances aggravating responsibility

1. The circumstances aggravating responsibility of physical persons and legal entities are recognized:

1) continuation of delinquent behavior, despite the requirement of authorized body to stop it;

2) making of offense group of persons, that is joint making of offense by two or more persons irrespective of previous concert between them;

3) making of offense in the conditions of warlike or emergency state or in the conditions of public disaster;

4) repeated making of homogeneous offense within one year;

5) involvement of the child aged up to 18 years in offense;

6) making of offense by person who is in alcohol intoxication or in the condition caused by the use of the narcotic, psychotropic or other stupefying drugs.

2. The court, authorized body considering case on offense can not recognize the circumstances specified regarding 1 this Article, aggravating proceeding from the identity of the offender and circumstances of committed act.

Note. Under public disaster the situation which developed in the territory of the Kyrgyz Republic or its separate parts as a result of the dangerous natural or technogenic phenomenon, accident, catastrophic crash, spontaneous, biological (epidemic, epizooty, epiphytoty) or other disaster, impact of modern weapons of destruction which can entail is recognized this Code or entailed the human victims, damage to health of people or the environment, considerable material losses and violation of conditions of life activity of people.

Article 47. Application of penalties when making several offenses

In case of making by one person of two or more offenses collection is applied for each offense separately.

Article 48. Prescription of application of collection

1. Penalties can be applied to physical persons within six months from the date of offense committing by person, and in case of the continued offense - within six months from the date of its identification.

2. Penalties can be applied to officials within one year from the date of offense committing by person.

3. Penalties can be applied to legal entities within one year from the date of offense committing by person.

4. The current of prescriptive limit stops if person who made offense evades from authorized body for the entire period of evasion. The current of prescriptive limit renews from the date of detection of person. At the same time the penalty fee is charged according to article 35 of this Code.

5. In case of refusal in initiation of legal proceedings or the terminations of criminal case in the presence in actions of person of signs of offense penalty can be imposed no later than two months from the date of decision making about refusal in initiation of legal proceedings or about its termination.

6. Collection in the form of the prevention shall be applied in cases of identification of offense directly after its making and on site making.

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