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The document ceased to be valid since January 1, 2019 according to article 346 of the Code of the Kyrgyz Republic about violations of April 13, 2017 No. 58

THE CODE OF THE KYRGYZ REPUBLIC ABOUT THE ADMINISTRATIVE RESPONSIBILITY

of August 4, 1998 No. 114

(as amended on 24-01-2017)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on June 18, 1998

General part

Section I

Chapter 1 of the Task and principles of the legislation on the administrative responsibility

Article 1. Legislation of the Kyrgyz Republic on the administrative responsibility

The legislation of the Kyrgyz Republic on the administrative responsibility consists of the Constitution, of this Code, the laws and other regulatory legal acts of the Kyrgyz Republic, and also international treaties which became effective in accordance with the established procedure which participant is the Kyrgyz Republic.

Article 2. Tasks of the legislation on the administrative responsibility

The legislation on the administrative responsibility has task protection of the personality, protection of rights and freedoms of man and citizen, health, sanitary and epidemiologic wellbeing of the population, public morality, property, the surrounding environment, established procedure of implementation of the government and procedure for management, public order, the rights of legal entities and their associations against administrative offenses, and also timely and objective hearing of cases about administrative offenses and their prevention.

Article 3. Principles of the legislation on the administrative responsibility

The legislation on the administrative responsibility is based on the principles of legality, equality of citizens before the law, democratism, humanity, justice, the personal liability and inevitability of punishment for committed administrative offense.

Article 4. Responsibility for administrative offense and its basis

Responsibility for administrative offense is the legal consequence of making of offense which is expressed in condemnation and application of administrative punishment by court (judge), body (official) to person guilty of making of offense.

Article 5. Presumption of innocence

The physical person or legal entity against which proceedings on administrative offense are initiated is considered innocent until his guilt in making of administrative offense is proved in the procedure provided by this Code and is established by the court order (judge) or body (official) who considered case within the powers which took legal effect.

Person brought to the administrative responsibility shall not prove the innocence.

Note. Voided according to the Law of the Kyrgyz Republic of 03.07.2014 No. 110

Chapter 2 Limits of operation of the Code about the administrative responsibility

Article 6. Operation of the Code about the administrative responsibility concerning persons who made administrative offenses in the territory of the Kyrgyz Republic

Person who made administrative offense in the territory of the Kyrgyz Republic bears responsibility under this Code.

The administrative offense made in the territory of the Kyrgyz Republic is recognized such act which:

- it is begun, ended or stopped in the territory of the Kyrgyz Republic;

- it is made in the territory of the Kyrgyz Republic, and effects came beyond its limits;

- forms in total or along with other acts administrative offense which part is made in the territory of the Kyrgyz Republic.

In case of making of administrative offense in the air and water courts which are outside the Kyrgyz Republic - in the territory of foreign state, the administrative responsibility comes under this Code if the called vessel is under the flag of the Kyrgyz Republic.

Article 7. Operation of the administrative legislation in the place and time

Person who made administrative offense bears responsibility based on the legislation existing in time and in the place of making of administrative offense.

The citizens of the Kyrgyz Republic and persons without citizenship who are constantly living in the territory of the Kyrgyz Republic, made administrative offenses outside the Kyrgyz Republic are subject to responsibility according to this Code if the acts made by them are recognized in the Kyrgyz Republic as administrative offenses and are punishable in the state in the territory of which they were made and if these persons were not made responsible in this state. In the specified cases administrative punishment is imposed on person within the sanction of Article of the Special part of this Code.

Article 8. Retroactive effect of the legislation on the administrative responsibility

The acts mitigating or eliminating the administrative responsibility for offenses extend also to those administrative offenses which are made to the publication of these acts.

The acts establishing or strengthening the administrative responsibility for administrative offenses have no retroactive force.

Chapter 3 Concept of administrative offenses

Article 9. Concept of administrative offense (offense)

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

Article 10. Making of administrative offense is intentional

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

Article 11. Making of administrative offense on imprudence

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

Article 12. Justifiable defense

Are not administrative offense of action, provided by this Code, establishing the administrative responsibility, but made in condition of justifiable defense, that is in case of the protection of the personality, the dwelling, property, the parcel of land and 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 if at the same time exceeding of limits of justifiable defense was not allowed.

Article 13. Emergency

Are not administrative offense of action, the harm to the rights and the protected laws, interests provided by this Code or other regulations, done, made in emergency condition that is for elimination of the danger threatening to the personality or the rights of this person or other citizens, to interests of society or state if danger could not be under the circumstances eliminated with other means and if the damage suffered is less considerable, than prevented.

Article 13-1. Damnification during detention of person who committed crime

Damnification to person is not offense during his detention at the moment or directly after making of crime 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.

Exceeding of the measures necessary for detention of person who made socially dangerous 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 the administrative responsibility.

Chapter 4 Administrative responsibility

Article 14. Concept of the administrative responsibility

The administrative responsibility is understood as type of legal responsibility applied by court (judge), body (official) of administrative punishment to the physical person or legal entity which made administrative offense (offense).

Article 15. Age on reaching which there comes the administrative responsibility

Persons which reached by the time of making of administrative offense of sixteen-year age are subject to the administrative responsibility.

In case, stipulated in Item 3 articles 38 of this Code, responsibility comes with achievement of eighteen-year age.

Article 16. Diminished responsibility

Person who during making of illegal action or failure to act was in diminished responsibility condition is not subject to the administrative responsibility, that is could not understand value of the actions (bezdeystviye) or direct them owing to chronic mental disease, temporary disorder of mental activities, weak-mindedness or other disease state of mentality.

Article 17. Release from the administrative responsibility

In case of insignificance of committed administrative offense court (judge) or body (official), the representative to consider case, exempts the violator from the administrative responsibility and it is limited to the oral prevention.

Article 18. Transfer of material about administrative offense for consideration of vessels of aksakals

Taking into account nature of committed administrative offense, the identity of the offender materials on administrative offenses can be submitted as agreed by the parties vessels of aksakals who consider receivership, family proceeding and other cases provided by the law for achievement of conciliation of the parties and pronouncement of the fair, not contradicting the law decision.

Article 19. Administrative responsibility of citizens (physical persons)

Citizens (physical persons) of the Kyrgyz Republic bear responsibility according to this Code for making of administrative offenses.

Note. Citizens (physical persons) are understood as citizens of the Kyrgyz Republic, citizens of other states, and also stateless persons.

Provisions of this Code are applied to all citizens (physical persons) if other is not established by the law of the Kyrgyz Republic.

Article 20. Administrative responsibility of children

Persons which did not reach sixteen-year age cannot be brought to the administrative responsibility.

The measures provided by Items 1-2, 5-8, 13 of article 27 of this Code can be applied to persons aged from sixteen up to eighteen years who made administrative offenses.

Article 21. Administrative responsibility of officials

Officials are brought to the administrative responsibility when making administrative offense in connection with non-execution or improper execution of service duties by them. In the absence of this circumstance the official guilty of making of administrative offense bears responsibility in accordance with general practice.

Note. Officials are understood as persons, is permanent, temporary or on special power performing or given in the procedure established by the law administrative authority concerning persons which are not from them in job dependency, and equally in persons performing organizational and administrative or administrative functions in state bodies or control and supervising functions in state bodies or local government bodies.

The heads and employees of legal entities (organizations) irrespective of pattern of ownership who made administrative offenses in connection with accomplishment organizational and administrative or administrative type duties, bear the administrative responsibility as officials.

Article 22. Administrative responsibility of special subjects

Military personnel and persons liable for call-up called on charges, and also faces of the private and commanding structures of law-enforcement bodies and bodies and organizations of criminal executive system, State, authorized body on control of drugs bears responsibility for administrative offenses according to disciplinary charters.

Persons who are immune to administrative prosecution cannot be brought to the administrative responsibility, except as specified, provided by this Article.

For road traffic offense, rules of hunting, fishery and protection of fish inventories, other rules and regulations of environmental protection, fire safety of person, provided by parts one and the second this Article, bear the administrative responsibility in accordance with general practice. Administrative detention, social jobs cannot be applied to specified persons.

Article 23. Administrative responsibility of legal entities

The legal entity bears the administrative responsibility for administrative offense in the cases which are directly provided by this Code.

Note. The legal entity the organization which has in property, economic maintaining or operational management the isolated property is recognized and answers for the obligations this property, can acquire and perform on its own behalf the property and personal non-property rights and obligations and to be claimant and the defendant in court, and also the foreign legal entity.

The individual entrepreneurs who made offenses in connection with implementation of business activity bear the administrative responsibility as legal entities.

If in Chapter 20 of this Code it is not specified that the regulations established by this Chapter are applied only to the physical or legal entity, these regulations equally are effective in the relation of both the physical, and legal entity, except as specified, when in sense these regulations belong and can be applied only to physical or only to the legal entity.

Article 24. Administrative responsibility of foreign citizens and stateless persons

The foreign citizens and persons without citizenship who are in the territory of the Kyrgyz Republic bear the administrative responsibility in accordance with general practice, except for the foreign citizens using diplomatic immunity (immunity).

Concerning persons having diplomatic immunity (immunity from administrative jurisdiction of the Kyrgyz Republic), this Code is applied in the part which is not contradicting international treaties and agreements. In cases of emergence of contradictions they are permitted in the diplomatic way.

Chapter 5 of Vida of administrative punishments

Article 25. Concept of administrative punishment

Administrative punishment is the measure of the state coercion applied by court (judge), body (official) for making of administrative offense.

Article 26. Purposes of administrative punishment

Administrative punishment is applied for the purpose of education of person who made administrative offense (offense) in the spirit of steady compliance with laws, the prevention of making of new administrative offenses by both the offender, and other persons.

Article 27. Types of administrative punishments

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

1) prevention;

2) penalty;

3) discharge of the official from post;

4) deprivation of the license (permission) to occupation certain types of activity;

5) deprivation of the special right granted to this citizen (the rights of control of vehicles, the rights of hunting, the right of storage of firearms, the right to operation of radio-electronic means or high-frequency devices, etc.);

6) examination of Traffic regulations;

6-1) examination of hunting minimum;

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

8) confiscation of the subject which was the tool of making or direct object of administrative offense;

9) administrative detention;

10) expulsion from limits of the Kyrgyz Republic of foreign citizens and persons without citizenship;

11) reducing term of stay of foreign citizens and stateless persons in the Kyrgyz Republic;

12) collection of cost of the goods and vehicles which are direct objects of customs and (or) tax offenses, goods and vehicles with specially made hiding places used for movement through customs border of the Customs union with concealment of the objects which are direct objects of customs and (or) tax offenses;

13) attraction to social jobs;

14) liquidation of the legal entity.

Note. Collection of cost of the goods and vehicles which are direct objects of violation of customs and (or) tax rules, goods and vehicles with specially made hiding places used for movement through customs border of the Customs union with concealment of the objects which are direct objects of violation of customs and (or) tax rules consists in collection of sum of money in the amount of ten to hundred percent from market price of such goods and vehicles on the date of detection of offense and is applied as additional collection.

Article 28. Main and additional administrative punishments

1. The prevention, penalty and administrative detention can be established and be applied only as the main administrative punishments.

2. Deprivation of the special right of citizens, deprivation of licenses (permissions) to occupation certain types of activity, suspension of certain type of activity, liquidation of the legal entity, recovery of object in its initial condition, demolition (dismantle) of object or its part, discharge of the official from post, reducing term of stay of foreign citizens, and also expulsion from limits of the Kyrgyz Republic of foreign citizens and persons without citizenship, attraction to social jobs can be established and be applied in quality as the main, and additional administrative punishments.

3. Confiscation of the objects which were the tool of making or direct object of administrative offense, examination of Traffic regulations are established and applied only as additional administrative punishments.

4. For one administrative offense the basic or the basic and additional administrative punishment from among specified in the sanction of the applied Article of the Special part of this Code can be imposed.

Article 29. Prevention

The prevention consists in official condemnation of committed administrative offense by the state and caution of physical person or legal entity about inadmissibility of delinquent behavior.

The prevention as measure of administrative punishment is taken out in writing.

Article 30. Penalty

The penalty is the cash collection in the income of the state imposed by court (judge), authorized body (official) on person guilty of making of administrative offense.

The size of penalty is determined proceeding from the settlement indicator established at the time of making of administrative offense and also in percentage expression from the cost of the performed works, goods and vehicles which are direct objects of violation, and the amount of revenue of the offender from sales of goods (works, services).

When imposing collection in the form of the penalty estimated in percentage expression from the cost of goods and vehicles the cost of these objects is understood as their market price on the date of detection of offense.

The minimum size of the penalty imposed on citizens cannot be less 0,1 of the size, on officials - less than two settlement indicators.

The maximum size of the penalty imposed on citizens cannot exceed hundred settlement indicators (except for Article parts five 92, of Articles 213-4, 238, of Article part four 242, of Article part three 248, of Articles 357-359 of this Code), on officials - two hundred settlement indicators (except for Articles 357-359 of this Code).

The minimum size of the penalty imposed on the legal entity, except for offenses, connected with untimely commissioning of objects of fields of nation-wide value cannot be less than hundred settlement indicators.

The maximum size of the penalty provided for untimely commissioning of objects of fields of nation-wide value cannot exceed hundred thousand settlement indicators.

The maximum size of the penalty imposed on the legal entity cannot exceed ten thousand settlement indicators, or cannot exceed twenty percent from the cost of the performed works performed in defiance of the existing standard rates or legal acts.

The minimum size of penalty estimated proceeding from the amount of revenue of the offender from sales of goods (works, services) cannot be less than one twentieth cumulative sizes of the amount of revenue. The maximum size of penalty cannot exceed one tenth cumulative sizes of the amount of revenue of the offender from realization of all goods (works, services) for the period in whom the offense was revealed.

Article 31. Discharge of the official from post

The official who did not fulfill requirements of the laws, presidential decrees, the Orders of the Government and Jogorku Kenesh of the Kyrgyz Republic, caused damage to citizens, legal entities, the state can be discharged of post.

Article 32. Deprivation of the license (permission) to occupation certain type of activity

Deprivation of the license (permission) to occupation certain type of activity provided to business entity by person authorized on that is applied for a period of up to three years for systematic violation of procedure for use of this right. Term of deprivation of such right cannot be less than three months.

Article 33. Deprivation of the special right granted to this citizen

Deprivation by a court decision of the special right granted to this citizen (the rights of control of vehicles, the hunting rights, etc.), is applied for a period of up to five years for gross or systematic violation of procedure for use of this right. Term of deprivation of such right cannot be less than three months.

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 34. Examination of Traffic regulations

The transport drivers who made three and more times within one year of offense provided by Articles 226-231, 232-235, 241-242 of this Code, confirmed video and the photorecords fixed by technical means go to examination of Traffic regulations.

Article 34-1. Examination of hunting minimum

The hunters, officials of okhotpolzovatel and holders of hunting birds who made the administrative offenses provided by this Code along with imposing of administrative punishment can go to repeating an examination of hunting minimum.

Article 35. Suspension of certain type of activity, recovery of object in its initial condition, demolition (dismantle) of object or its part

In case of violation of requirements of the legislation of the Kyrgyz Republic when implementing certain type of activity this type of activity can be suspended before elimination of the revealed violations, object - is recovered in initial condition or object or its part can be taken down (are dismantled).

Article 36.

It is excluded according to the Law of the Kyrgyz Republic of 05.08.2003 No. 191

Article 37. Confiscation of the objects which were tools of making or direct objects of administrative offense

1. Confiscation of the objects which were tools of making or direct objects of administrative offense consists in the forced non-paid address of these objects to property of the state. Confiscation is applied only by court (judge).

2. Confiscation of hunting weapon and ammunition, other permitted tools of hunting cannot be applied to persons for whom hunting is the main legal livelihood.

Article 38. Administrative detention

1. Administrative detention is applied for a period of up to five days, and in the conditions of emergency or warlike situation for infringement of public order - for a period of up to seven days.

2. Administrative detention is determined by the judge of district (city) court, and in the conditions of emergency or warlike situation for infringement of public order - as well the military commandant or the chief of law-enforcement body.

3. Administrative detention cannot be applied to persons which did not reach eighteen years to persons specified in Article 22 of this Code to the expectant mothers and persons which are bringing up alone the child aged up to fourteen years and also to persons with limited opportunities of health having disability of the first and second groups.

Article 39. Administrative expulsion from limits of the Kyrgyz Republic of foreign citizens and persons without citizenship

The foreign citizen and the stateless person can be expelled limits of the Kyrgyz Republic in cases of violation of procedure for their stay in the Kyrgyz Republic.

Administrative expulsion from limits of the Kyrgyz Republic of foreign citizens and persons without citizenship as measure of administrative punishment is established and appointed by court (judge).

Article 40. Reducing term of stay in the Kyrgyz Republic of foreign citizens and persons without citizenship

To the foreign citizen and the person without citizenship violating the law on legal status of foreign citizens and persons without citizenship and procedure for their stay the term of stay in the Kyrgyz Republic determined by it can be reduced.

The decision on reducing term of stay is made by law-enforcement bodies and can be appealed in court.

Article 40-1. Attraction to social jobs

1. Attraction to social jobs consists 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 four till forty o'clock.

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 and to persons specified in Article 22 of this Code.

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 40-2. Liquidation of the legal entity

1. Liquidation of the legal entity attracts its termination without transition of the rights and obligations according to the procedure of legal succession to other persons.

2. The legal entity can be liquidated by a court decision in the cases provided by this Code, and according to the procedure, established by the Civil code of the Kyrgyz Republic, the Law of the Kyrgyz Republic "About preservation, liquidation and bankruptcy of banks".

3. The petition for dissolution of the legal entity can be filed a lawsuit by the authorized state body provided in this Code.

Chapter 6 Application of administrative punishment

Article 41. General rules of application of measures of administrative punishment

Collection for administrative offense is applied in the limits and procedure established by this Code.

In case of application of administrative punishment nature of committed offense, the identity of the violator, the degree of his fault, marital and property status, circumstances mitigating and aggravating responsibility are considered. Imposing of administrative punishment does not exempt person from discharge of duty for which non-execution administrative punishment was imposed.

In cases of the identification of the offense provided by Chapter 20 of this Code and fixed using the certified special control and measuring technical means working in the automatic mode having functions photo and filming, videos, administrative punishment it is appointed in the form of administrative penalty which size shall be the smallest in limits of the sanction of the applied Article of the Special part of this Code.

Article 42. The circumstances mitigating the administrative responsibility

The circumstances mitigating the administrative responsibility are:

1) frank repentance of the guilty person;

2) prevention by the guilty person of harmful effects of administrative offense, voluntary compensation of damage or elimination of damage suffered;

3) making of administrative offense under the influence of heat passion or in case of confluence of difficult personal family or other circumstances;

4) making of administrative offense by the minor;

5) making of administrative offense by the expectant mother, person which is bringing up alone the child aged up to fourteen years;

6) making of administrative offense under the influence of threat, coercions or owing to job, material or other dependency.

7) making of administrative offense by person with limited opportunities of health having disability of the first or second group.

Article 43. The circumstances aggravating the administrative responsibility

The circumstances aggravating the administrative responsibility are recognized:

1) continuation of delinquent behavior, despite requirements of persons authorized on that to stop it;

2) making of administrative offense group of persons;

3) involvement of the minor in administrative offense;

4) making of administrative offense in the conditions of natural disaster or other force majeure;

5) making of administrative offense, repeated within year;

6) making of administrative offense in the state of intoxication caused by alcohol intake, drugs, the psychotropic or other stupefying substances;

7) drawing economic damage by intervention of the official of state body in legal business activity.

The part two voided according to the Law of the Kyrgyz Republic of 03.07.2014 No. 110

In case of purpose of administrative punishment the court (judge), body (official) cannot recognize aggravating the circumstance which is not specified in part one of this Article.

The aggravating circumstance provided by part one of this Article as sign of one administrative offense cannot be considered again in case of purpose of other administrative punishment.

Article 44. Application of administrative punishment for making of several offenses

If person made several administrative offenses, cases on which are at the same time considered by the same body (official), then the final collection applied to this person is determined within the sanction providing more strict administrative punishment.

If person, made action (failure to act) for which the administrative responsibility under several Articles of the Special part of this Code, cases on which are considered by different bodies (officials), is provided, then collection is applied within the sanction providing more strict administrative punishment.

If citizens and legal entities made at the same time administrative offenses provided in several heads of this Code, then one relevant article from each head of this Code providing more strict administrative punishment is applied.

In the cases provided by parts one and the second this Article one of the additional penalties provided by Items 2 and 3 of article 28 of this Code can be attached to the main collection.

Article 45. Calculation of terms of social jobs, administrative detention and deprivation of the special right

The term of social jobs is estimated for hours, administrative detention - days, deprivations of the special right - months and years.

Article 46. Terms of application of administrative punishment

Administrative punishment can be applied to citizens and officials is six months from the date of making of administrative offense not later; in case of the lasting offense - no later than six months from the date of its detection; to the companies, organizations and the organizations, and also to persons who are engaged in business activity without formation of legal entity, - no later than one year from the date of detection of administrative offense, except as specified, provided by this Article.

Administrative punishments in the form of penalty for the offenses provided by Chapter 20 of this Code and fixed using the certified special control and measuring technical means working in the automatic mode having functions photo and filmings, videos can be applied to physical persons and legal entities within five years from the date of making of administrative offense.

In case of refusal in initiation of legal proceedings or the terminations of criminal case in the presence in actions of the offender of signs of administrative offense administrative punishment 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.

Calculation of term of application of administrative punishment is interrupted if before the expiration of the terms specified in parts one and the second this Article, person makes new administrative offense. Calculation of term in these cases begins with the moment of detection of new administrative offense.

Calculation of term of application of administrative punishment is interrupted if person who made offense intentionally disappears or concerning it administrative punishment is not performed. Calculation of term in these cases begins with the moment of detection of person who made offense.

Article 46-1. Violation of payment due dates of administrative punishments

In case of untimely payment of the imposed penalty in the form of penalty, that is after thirty days from the date of delivery of the resolution on imposing of administrative penalty, and in case of appeal of the resolution - after fifteen days from the date of the notification on leaving of the claim or representation, person who made the administrative offense encroaching on safety rules of traffic and operation of vehicles, and also connected with abuse of regulations of payment of collection for journey, provided by Chapter 20 of this Code in addition to payment of penalty pays penalty fee (penalty) expressed in sum of money.

In case of evasion from payment of administrative penalty within year from the moment of pronouncement of the relevant resolution on the offense provided by Chapter 20 of this Code, the court can replace penalty with collection in the form of deprivation of the right of control of vehicles or administrative detention.

Note. The penalty fee is determined in the amount of ten percent from the amount of earlier imposed penalty for each overdue day, but cannot exceed two sizes of the amount of the main penalty.

Article 46-2. Replacement of administrative punishment in the form of attraction to social jobs

In case of malicious evasion from accomplishment of social jobs the court replaces this type of collection with administrative detention for a period of up to five days according to the procedure, established by this Code.

Article 47. The term after which person is considered not being exposed to administrative punishment

If person subjected to administrative punishment within year from the date of the end of execution of collection did not make new administrative offense, then this person is considered not being exposed to administrative punishment.

Article 48. Compensation of the caused damage

Person who made administrative offense shall indemnify the loss caused by administrative offense.

The question of compensation by the guilty person of this damage, irrespective of its size, is allowed by court (judge).

Court, considering case on administrative offense, in the absence of requirements about compensation of property damage along with purpose of administrative punishment resolves issue of compensation of property damage.

Disputes on compensation of property damage are resolved by court according to the procedure of civil legal proceedings.

Special part

Section II

Chapter 7 the Administrative offenses encroaching on the rights and freedoms of citizens

Article 49. Failure to carry out of legal requirements of the electoral commission

Non-presentation by the official in the electoral commission of data or materials, necessary for its activities, and is equal failure to carry out of the decision of the commission made within its powers by it

attract imposing of administrative penalty from ten to fifty settlement indicators.

The same actions made repeatedly after application of measures of administrative punishment

attract discharge from post.

Article 50. Violation of the rights of the member of the electoral commission, candidates for president of the Kyrgyz Republic, candidates and in the head of local government, the authorized representative, the authorized representative of the candidate, the observer, the international observer

Violation of the rights of the member of the electoral commission, candidates for president of the Kyrgyz Republic, candidates and in the head of local government, the authorized representative, authorized representatives of candidates, the observer, the international observer,

attracts imposing on citizens of administrative penalty to 20 settlement indicators or administrative detention up to three days, and on officials - imposing of administrative penalty to 100 settlement indicators or administrative detention up to three days.

Article 51. Refusal in provision of leave for participation in elections

Refusal of administration (employer) to provide to the registered candidate or on other elective office, to the authorized representative of the candidate or the member of the electoral commission the leave provided by the law for participation in preparation and elections to public authorities or in local government bodies

attracts imposing of administrative penalty on officials from twenty to hundred settlement indicators.

Article 52. Violation of conditions of carrying out election propaganda

Violation by the voter, observer, candidate and his representatives of conditions of carrying out election propaganda, stipulated by the legislation about elections,

attracts imposing of administrative penalty from fifteen to twenty settlement indicators.

The same action made by mass media

attracts imposing of administrative penalty in the amount of five hundred settlement indicators.

The same action made repeatedly after application of measures of administrative punishment

attracts suspension of operations of mass media for the period before official publication of election results.

Article 53. Distribution of obviously false information about the candidate

Distribution about the candidate or on other elective office by publication or different way of obviously false data with the purpose to affect the result of elections

attracts imposing of administrative penalty on citizens - from ten to twenty, on officials - from eighty to hundred settlement indicators.

Article 53-1. Relaying of the TV and radio programs distributing information discrediting honor, advantage and goodwill of candidates

Relaying of the TV and radio programs distributing information discrediting honor, advantage and goodwill of candidates, political parties during the period from calling of an election before official publication of election results

attracts imposing of administrative penalty in the amount of one thousand settlement indicators.

The same action provided by part one of this Article committed repeatedly after application of measures of administrative punishment,

attracts suspension of operations of mass media for the period before official publication of election results.

Article 54. Carrying out propaganda during its prohibition

Carrying out propaganda in connection with elections or referendum during prohibition by its laws of the Kyrgyz Republic

attracts imposing of administrative penalty from ten to twenty settlement indicators.

Article 55. Production or distribution of anonymous propaganda materials

Production or distribution to the period of preparation and elections to public authorities or to local government bodies or referendum of the propaganda printed materials which are not containing information on the organizations and faces responsible for their release

attracts imposing of administrative penalty from ten to twenty settlement indicators.

Article 56. Intentional destruction or damage of propaganda materials

Intentional destruction or damage of audiovisual materials, and also portrait of the candidate or on other elective office, the poster with its biography or other propaganda printed materials which are hung out on buildings, constructions or other objects with the consent of the owner or the owner during propaganda campaign

attracts imposing of administrative penalty from five to twenty settlement indicators.

Article 57. Illegal issue to citizens of ballots for vote

Issue by the chairman, secretary, member of the electoral commission to the citizen of the ballot for the purpose of provision of possibility of vote for other person

attracts imposing of administrative penalty to hundred settlement indicators or attraction to social jobs for forty hours.

The same act made by the citizen or the official who is not the member of the electoral commission

attracts imposing of administrative penalty on citizens - to twenty, on officials - to hundred settlement indicators.

Article 57-1. Illegal carrying out, copying, distribution of ballots

Illegal carrying out from premises of typographies, the electoral commissions, and also copying of bulletins

- attract imposing of administrative penalty on citizens from five to ten, on officials - from twenty to thirty settlement indicators.

Article 58. Failure to provide or neopublishing of data on results of vote or election results

Failure to provide the precinct election commission by the chairman on elections (referendum) for acquaintance to the citizen of the Kyrgyz Republic or the foreign (international) observer of data on vote results

attracts imposing of administrative penalty from five to ten settlement indicators.

The same action provided by part one of this Article, made by the chairman of district electoral commission

attracts imposing of administrative penalty from fifteen to twenty settlement indicators.

The same action provided by part one of this Article, made by the Chairman of the Central commission on elections and holding referenda of the Kyrgyz Republic, and is equal violation of terms of publication of data on election results (referendum) by it

attract imposing of administrative penalty from twenty to fifty settlement indicators.

Article 58-1. Failure to provide the copy of the protocol on vote results to persons which are present at counting of votes

Nepredostavlony copies of the protocol on results of vote by the secretary of the electoral commission to person which was present at counting of votes

attracts imposing of administrative penalty from five to ten settlement indicators.

Article 58-2. Non-stationing of information by Central Election Commission on the official website

Non-stationing on the official website the responsible person of Central Election Commission of information on electoral registers on all polling precincts, receipt and expenditure of the means which are on the special account of the candidate, political party pushed the candidate list for financing of election propaganda,

attracts imposing of administrative penalty from fifty to hundred settlement indicators.

Article 58-3. Failure to provide answer or violation of term of consideration of the application (claim) by the electoral commissions

Failure to provide the answer or violation of term of consideration of the application (claim) by the chairman, members, the secretary of local or territorial electoral commissions during preparation of elections or to the voting day -

attracts imposing of administrative penalty in the amount of fifteen to twenty settlement indicators.

The same action provided by part one of this Article, made by the chairman, members of the Central commission on elections and holding referenda of the Kyrgyz Republic -

attracts imposing of administrative penalty in the amount of thirty to fifty settlement indicators.

Article 59. Restriction of the rights of citizens for election propaganda, vote to the selective address and acquaintance with electoral registers

Hindrance to conducting election propaganda (except propaganda in the election day (referendum), and also violation of the rights of citizens to vote to the selective address, acquaintance with the electoral register or violation of the terms of consideration of the application established by the law on vote to the selective address, or refusal to issue the motivated answer about statement reason for rejection, and is equal violation of mystery of vote,

attract imposing of administrative penalty from twenty to fifty settlement indicators.

Article 60. Neopublishing the chairman of the electoral commission on elections (referendum) of the report on expenditure of budgetary funds

Neopublishing the chairman of the electoral commission on elections (referendum) of the report on expenditure of the budgetary funds allocated for preparation and elections (referendum)

attracts imposing of administrative penalty from twenty to fifty settlement indicators.

Article 61. Hindrance to implementation of right to liberty of conscience and religious liberty

Hindrance to implementation of right to liberty of conscience and religious liberty, including to acceptance of religious or other beliefs or refusal of them, the introduction in religious consolidation or to exit from it,

attracts imposing of administrative penalty on citizens - from five to ten, on officials - from ten to fifty settlement indicators.

Article 61-1. Illegal intervention in activities of the Ombudsman (Акыйкатчы) Kyrgyz Republic

Illegal intervention in activities of the Ombudsman (Акыйкатчы) the Kyrgyz Republic in connection with implementation by it of control of observance of constitutional rights and freedoms of man and citizen

attracts imposing of administrative penalty on citizens - from three to five, on officials - from ten to thirty settlement indicators.

Article 61-2. Illegal intervention in activities of the member of Coordination council, employee of the National center of the Kyrgyz Republic for the prevention of tortures and other cruel, inhuman or degrading treatment or punishment

Illegal intervention in activities of the member of Coordination council, the employee of the National center of the Kyrgyz Republic for the prevention of tortures and other cruel, inhuman or degrading treatment or punishment in connection with implementation of the powers provided by the relevant law by it

attracts imposing of administrative penalty on citizens - from three to five, on officials - from ten to thirty settlement indicators.

Article 62. Illegal refusal by the official in consideration of addresses of citizens or legal entities

Illegal refusal by the official in consideration of addresses of citizens or legal entities, violation without valid excuse terms of their consideration, adoption of the unreasonable, contradicting the law decision, and also failure to provide of recovery of the violated rights of the citizen or legal entity -

attract imposing of administrative penalty on officials in the amount of ten to twenty settlement indicators.

Article 62-1. Violation of requirements of the legislation on procedure for consideration of addresses of citizens

Non-stationing of the e-mail postal address for acceptance of electronic addresses of citizens on the official site of state body or local government body, violation of fixed terms on assignment of number and registration date to the electronic address, the publication on the official site of the nonexistent e-mail postal address the official authorized on that -

attract imposing of administrative penalty on officials in the amount of fifteen settlement indicators.

Article 63. Unreasonable refusal in acquaintance with documents

Unreasonable refusal in provision to the citizen of access to the documents, decisions and other materials affecting its rights and interests

attracts imposing of administrative penalty on officials from five to ten settlement indicators.

Article 64.

Voided according to the Law of the Kyrgyz Republic of 24.01.2017 No. 10

Article 65. Non-execution of obligations on education and training of minor (teenager)

Non-execution or improper execution of obligations on education and training of minor (teenager) by the parent or the other person to which these obligations are assigned and is equal the teacher or other employee of the educational, educational, medical or other institution obliged to exercise supervision of the minor

attracts the prevention or imposing of administrative penalty from three to five settlement indicators.

Malicious failure to carry out by persons specified in part one of this Article, obligations on education and training of minor (teenager)

attracts imposing of administrative penalty from five to ten settlement indicators with attraction to social jobs for eight hours.

The actions provided by parts one and the second this Article, which entailed the systematic use by minors of alcoholic beverages, drugs and psychotropic substances or occupation vagrancy or begging, and making of the act containing essential elements of offense or intentional administrative offense by them is equal -

attract imposing of administrative penalty from ten to twenty settlement indicators.

Article 65-1. Non-compliance with requirements to providing measures for the prevention of damnification to health of children and their development

Non-compliance with requirements to providing measures for the prevention of damnification to health of the children, their physical, intellectual, mental, spiritual and moral development established by the legislation of the Kyrgyz Republic -

attracts imposing of administrative penalty on citizens - from three to five, on officials - from five to ten, on legal entities - from hundred to hundred fifty settlement indicators.

The same act made repeatedly within year -

attracts imposing of administrative penalty on citizens - from five to ten, on officials - from ten to fifteen, on legal entities - from hundred fifty to two hundred settlement indicators.

Article 66.

Voided according to the Law of the Kyrgyz Republic of 24.01.2017 No. 10

Article 66-1. Violation of procedure or terms of provision of information about the minors needing foster care in family or in organizations for orphan children or for children without parental support

Violation by the official of organization in which there are children without parental support or the official of executive body or local government body of procedure or terms of provision of information about the minor needing foster care in family (on adoption (adoption), under guardianship (guardianship) or in foster home) or in organization for orphan children or for children without parental support (child care facilities), and is equal provision of obviously false information on such minor

- attract imposing of administrative penalty in the amount of ten to fifteen settlement indicators.

Making by the official of organization in which there are children without parental support, or the official of executive body or local government body of the actions directed to the shelter of the minor from foster care in family (on adoption (adoption), under guardianship (guardianship) or in foster home) or in organization for orphan children or for children without parental support (child care facilities),

attracts imposing of administrative penalty in the amount of twenty to thirty settlement indicators.

Article 66-2.

Voided according to the Law of the Kyrgyz Republic of 24.01.2017 No. 10

Article 66-3.

Voided according to the Law of the Kyrgyz Republic of 24.01.2017 No. 10

Article 66-4.

Voided according to the Law of the Kyrgyz Republic of 24.01.2017 No. 10

Article 66-5. Non-execution of conditions of the security bench warrant

Voided according to the Law of the Kyrgyz Republic of 27.04.2017 No. 64

Article 66-6. Intentional causing heavy or less severe harm to health in case of exceeding of limits of justifiable defense

Intentional causing heavy or less severe harm to health in case of exceeding of limits of justifiable defense if this action does not contain the qualifying signs for which criminal liability is provided,

attracts imposing of administrative penalty in the amount of five to ten settlement indicators or administrative detention for five days.

Article 66-7. Intentional causing heavy or less severe harm to health in case of exceeding of the measures necessary for detention of person who committed crime

Intentional causing heavy or less severe harm to health of person who committed crime in case of exceeding of the measures necessary for his detention if this action does not contain the qualifying signs for which criminal liability is provided,

attracts imposing of administrative penalty in the amount of fifteen to twenty settlement indicators, on officials - from fifty to hundred settlement indicators.

Article 66-8.

Voided according to the Law of the Kyrgyz Republic of 24.01.2017 No. 10

Article 66-9.

Voided according to the Law of the Kyrgyz Republic of 24.01.2017 No. 10

Article 66-10.

Voided according to the Law of the Kyrgyz Republic of 24.01.2017 No. 10

Article 66-11. Threat of murder

Threat of murder in the presence of good causes to be afraid of implementation of this threat if this action does not contain the qualifying signs for which criminal liability is provided,

attracts imposing of administrative penalty in the amount of fifteen to twenty settlement indicators.

Article 67. Violation of terms of consideration of the applications of citizens about provision of the parcels of land and concealment of information on availability of free land fund

Violation of terms of consideration of the applications (petitions) of citizens for provision of the parcels of land and concealment of information on availability of free land fund

attract imposing of administrative penalty on officials from ten to twenty settlement indicators.

Article 67-1. Violation of the law about pledge

Untimely entering of record into the mortgage termination letter of pledge -

- attracts imposing of administrative penalty on citizens - in the amount of ten, on legal entities - in the amount of hundred settlement indicators.

The same action provided by part one of this Article committed repeatedly within year after application of measures of administrative punishment, -

attracts imposing of administrative penalty on citizens - in the amount of twenty, on legal entities - in the amount of two hundred settlement indicators.

Chapter 8 the Administrative offenses encroaching on labor protection and social protection of citizens

Article 68. Unreasonable refusal in employment of citizens on account of the established quotas the companies and the organizations which are in private, state-owned and municipal property

 Unreasonable refusal in employment of the citizens directed to the companies and in the organizations which are in private, state-owned and municipal property, public service of employment on account of the quotas established according to the legislation of the Kyrgyz Republic -

attracts imposing of administrative penalty on employers or officials of employers from eighty to hundred settlement indicators.

The same action provided by part one of this Article committed repeatedly within year after application of measures of administrative punishment, -

attracts imposing of administrative penalty on employers or officials of employers from hundred fifty to two hundred settlement indicators or discharge from posts of officials of the state and municipal companies and the organizations.

Article 69. Abuse of regulations of safe engineering

Abuse of regulations of safe engineering by persons responsible for their observance if these actions do not contain the qualifying signs for which criminal liability is provided,

attracts imposing of administrative penalty in the amount of seventy five settlement indicators.

Article 70. Untimely payment by officials of the salary, pensions, grants, benefits and other social payments

Untimely payment by officials of the salary, pensions, grants, benefits and other social payments or their payment without officially the established rate of inflation, and also not compensation of penalty fee

attract imposing of administrative penalty on officials from twenty to thirty settlement indicators.

The same actions provided by part one of this Article committed repeatedly within year after application of measures of administrative punishment,

attract imposing of administrative penalty in the amount of fifty settlement indicators on officials or discharge from post.

Article 71. Violation by the employer of the legislation on labor protection

The violation by the employer of the legislation on labor protection expressed in non-execution or improper execution of obligations on creation to workers of healthy and safe working conditions, implementation of the means and technologies providing observance of sanitary and hygienic regulations and requirements of technical regulations and other regulatory legal acts on labor protection

attracts imposing of administrative penalty from twenty to thirty settlement indicators.

Article 72. Violation by the employer of the labor law and legislation on the rights of persons with limited opportunities of health

Violation of the labor law by the employer, including:

- illegal termination of the employment contract with the expectant mother, the woman having children under 3 years;

- illegal termination of the employment contract with heads and members of elected trade-union or other representative bodies of employees of the company and other workers to whom according to the legislation additional guarantees in case of termination of the employment contract are provided;

- attraction to work without execution of the employment contract;

- unilateral refusal of the employer from conducting collective bargainings,

attracts imposing of administrative penalty on the authorized officer of the employer from twenty to forty settlement indicators.

Violation by the employer of the legislation on the rights of persons with limited opportunities of health:

- establishment of testing, additional in comparison with other applicants, in case of employment;

- involvement of persons with limited opportunities of health to overtime work, work at night and on the weekend without their written consent;

- refusal of creation of the workplace corresponding to the individual program of rehabilitation of person with limited opportunities of health;

- unreasonable understating of the salary in comparison with other workers;

- the direction in business trips without written consent the working person with limited opportunities of health;

- transfer of person with limited opportunities of health for other work without its consent based on disability, except as specified, when according to the conclusion of MSEK state of his health interferes with accomplishment of professional obligations or threatens health and labor safety;

- refusal of allocation or creation of workplace for the worker who became disabled owing to mutilation or the occupational disease acquired in this organization -

attracts imposing of administrative penalty on the authorized officer of the employer from eighty to hundred settlement indicators.

The same actions provided by part one of this Article, made within year after imposing of administrative punishment -

attract imposing of administrative penalty on the authorized officer of the employer from hundred fifty to two hundred settlement indicators.

Article 73. Unreasonable discharge of citizens from work

Unreasonable discharge by officials of citizens from work

attracts imposing of administrative penalty from five to ten settlement indicators.

Article 74. Nonpayment of lump-sum allowances to persons which were injured on production

Nonpayment by the official of the employer of lump-sum allowance and compensation amounts of harm to the workers who fully or partially lost working capacity as a result of labor accident or occupational disease

attracts imposing of administrative penalty from ten to twenty settlement indicators.

Article 75. Violation of approval procedure on attraction and use of foreign labor power and procedure for issue to the foreign citizen of the work permit in the Kyrgyz Republic

Violation of procedure for issue by authorized state body of permission to attraction and use of foreign labor power and procedure for issue to the foreign citizen of the work permit in the Kyrgyz Republic -

attracts imposing of administrative penalty on officials in the amount of hundred eighty settlement indicators.

Article 75-1. Violation of procedure for attraction and use of foreign labor power in the Kyrgyz Republic

Violation by the employer of procedure for attraction and use of foreign labor power in the Kyrgyz Republic -

attracts imposing of administrative penalty on the official (authorized person) of the employer in the amount of twenty to fifty settlement indicators, on legal entities, - from two hundred to three hundred sizes of the salary.

Violation by the foreign citizen or stateless person of rules of attraction and use in the Kyrgyz Republic of foreign labor power

attracts imposing of administrative penalty in the amount of ten to twenty settlement indicators with expulsion out of limits of the Kyrgyz Republic or without that.

Article 76. Violation of approval procedure on employment of citizens of the Kyrgyz Republic beyond its limits

Violation of procedure for issue by authorized state body of permission to employment of citizens of the Kyrgyz Republic beyond its limits -

attracts imposing of administrative penalty on officials in the amount of hundred eighty settlement indicators.

Article 77. Illegal activities for employment of citizens

Implementation of activities for employment of citizens of the Kyrgyz Republic abroad without permission or with violation of the conditions provided by permission -

attracts imposing of administrative penalty on citizens - in the amount of seventy five settlement indicators, on officials - hundred eighty settlement indicators, on legal entities - seven hundred fifty settlement indicators.

The same action provided by part one of this Article committed repeatedly after application of measures of administrative punishment, -

attracts deprivation of the permission issued by authorized state body.

Article 78. Loss (spoil) and untimely registration (re-registration) of the certificate of the refugee

Loss (spoil) and untimely registration (re-registration) of the certificate of the refugee

attract imposing of administrative penalty to one settlement indicator.

Article 79. Failure to carry out of instructions of state body behind compliance with law about work

Failure to carry out by the employer of instructions of state body behind compliance with law about work

attracts imposing of administrative penalty in the amount of seventy five settlement indicators.

Article 79-1. Refusal of public service of employment in employment of persons with limited opportunities of health on account of the established quotas

Refusal of authorized officers of public service of employment of employment of persons with limited opportunities of health on account of the established quotas -

attracts imposing of administrative penalty on authorized officers of public service of employment from twenty to fifty settlement indicators.

The same action provided by part one of this Article, made within year after imposing of administrative punishment -

attracts imposing of administrative penalty from eighty to hundred settlement indicators on officials of public service of employment or discharge from post.

Article 80. Issue of doubtful references and representation of purposely false information

Issue by authorized persons to citizens of obviously doubtful references which entailed the wrong purpose of public welfare payment if these actions do not contain the qualifying signs for which criminal liability is provided,

attracts imposing of administrative penalty from ten to twenty settlement indicators.

Representation by citizens of purposely false information in case of the request for purpose of public welfare payments

attracts imposing of administrative penalty from five to twenty settlement indicators.

Chapter 9 Administrative offenses in the field of social insurance

Article 81. Conducting economic activity without registration in bodies of social insurance

Conducting economic activity without registration in bodies of social insurance

attracts imposing of administrative penalty on citizens - from ten to twenty, on officials - from twenty to thirty settlement indicators.

Article 82. Non-presentation at the scheduled time of the documents and payments connected with social insurance

Non-presentation at the scheduled time of the documents and payments connected with social insurance

attracts imposing of administrative penalty on citizens - from ten to fifteen, on officials - from fifteen to fifty settlement indicators.

Article 82-1. Issue of obviously doubtful documents and representation of obviously false information connected with social insurance

Issue by officials of obviously doubtful documents which entailed purpose of pensions or other types of providing on social insurance in the absence of the bases or the wrong charge of the size of pensions or other types of providing on social insurance if these actions do not contain the qualifying signs for which criminal liability is provided,

attracts imposing of administrative penalty from ten to twenty settlement indicators.

Representation by citizens of obviously false information which entailed purpose of pensions or other types of providing on social insurance in the absence of the bases or charge of the overestimated size of pensions or other types of providing on social insurance if these actions do not contain the qualifying signs for which criminal liability is provided,

attracts imposing of administrative penalty from five to twenty settlement indicators.

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