NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of December 7, 2023 No. 5

About modification and amendments in some normative resolutions of the Supreme Court of the Republic of Kazakhstan by the legislation on administrative offenses

1. Make changes and additions to the following normative resolutions of the Supreme Court of the Republic of Kazakhstan:

1. "About application by courts of the legislation on withdrawal of income gained when implementing business or other activity without license" of June 18, 2004 No. 4 (with changes and additions made by the normative resolution of the Supreme Court of the Republic of Kazakhstan of November 25, 2016 No. 11):

1 in paragraph one of figure "26)" to replace 1) in Item with figures "27)";

Word in paragraph one of "oil and gas" shall be replaced with words 2) in Item 7 "in the field of hydrocarbons";

3) in Item 8 in paragraph three of the word "of November 30, 2000 No. 109-II" shall be replaced with words "of January 10, 2018 No. 133-VI";

2. "About application of measures of ensuring production for cases on administrative offenses" of April 9, 2012 No. 1 (with changes and additions made by normative resolutions of the Supreme Court of the Republic of Kazakhstan of December 24, 2014 No. 3; of November 25, 2016 No. 11):

1 in paragraph four of the word "specialized administrative court or district" to exclude 1) in Item;

To add 2) with Item 4-1 of the following content:

"4-1. Before removal of determination about the drive the court, body performing proceeedings shall check the reasons of absence of person (the availability of the return receipt of the agenda, other proofs confirming the notice of person with the methods listed in the article 743 Administrative Code), the documents testimonial of availability of reasonable excuses of absence).

Determination about the drive shall contain the data specified in subitems 1), 2), 3), 5), 6), 7) and 8) to part one of the article 822 Administrative Code, and also the basis of application of measure of ensuring proceeedings.

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