NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of April 20, 2018 No. 5

About the court order on the case of administrative offense

The court order on the case of administrative offense is procedural document in which by results of consideration of the case the result of proceeedings about administrative offense is reflected.

For the purpose of determination of the place and features of the court resolutions adopted by court in connection with hearing of cases about administrative offenses by court, providing along with legality and justification of the resolution on the case of administrative offense of its clearness and laconicism, the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make the following explanations:

1. Draw the attention of courts that pronouncement of the resolution on the case of administrative offense designed to provide accomplishment of tasks of production on cases on administrative offenses requires the separate liability for its legality and justification.

The resolution is legal if it conforms to requirements of the Code of the Republic of Kazakhstan about administrative offenses (further - the Administrative Code), and also corresponds to provisions of other regulations of the legislation.

Justification of the resolution means that the circumstances important for this case confirmed with the proofs researched by court meeting requirements of the law on their relevancy, admissibility and reliability shall be reflected in the resolution.

2. Having considered case on administrative offense, the claim, protest, the court takes out one of the resolutions provided by part one of the article 829-14 Administrative Code.

In case of pronouncement of the resolution data shall be specified, and also the questions provided the article 829-14 Administrative Code are resolved.

The resolution shall have the strict logical structure consisting of rather isolated parts constituting in total the single legal document.

The resolution includes three components - introduction, descriptive and motivation and resolutive speak rapidly.

According to part eight of the article 829-14 Administrative Code the resolution is taken out in writing or in electronic form.

The resolution made in electronic form shall correspond to provisions of the Law of the Republic of Kazakhstan of January 7, 2003 No. 370 "About the electronic document and the digital signature". The procedure for electronic document management is determined by the Government of the Republic of Kazakhstan.

3. The resolution can be produced by hand-written, typewritten or computer method in one copy.

In case of creation of the resolution it is necessary to be guided by the internal documents of judicial system regulating questions of legal method and parameters of creation of court resolutions.

4. The prolog of the resolution begins after the name of the document and includes the data provided by subitems 1), 2), 3), 4), 5) of part one of the article 822 Administrative Code.

In the resolution the number, month and year of pronouncement of the resolution is specified.

Date of pronouncement of the resolution is day, month and year of announcement by his judge.

The place of consideration of the case is the city or other settlement where this decree was actually issued.

5. The name of court should be specified according to regulatory legal act about its education.

In the prolog of the resolution it is necessary to specify surname and initials of the judge, court session secretary, prosecutor and other participants of production listed in Articles 744, 745, 746, 747, 748, 758 Administrative Code participating in judicial session in which the decree is issued.

6. Subitem provisions 3) of part one of the article 822 Administrative Code contain list of information about person concerning which case which is subject to reflection in the prolog of the resolution in full is considered, is exhaustive and is not subject to extensive interpretation.

Information about person concerning whom case is considered has essential value for the correct permission of case (in particular, for establishment whether this person is subject of this administrative offense), for purpose of fair measure of administrative punishment, execution of the resolution, permission of other questions.

7. The surname, name and middle name (in case of its availability) person concerning whom proceeedings are conducted are specified in production language taking into account rules of practical transcription.

In cases when proceeedings are performed in Russian, and the surname, name, middle name of person specified in identity documents - in state language, in the resolution it is necessary to state personal data of person, without declining, in strict accordance with entry in the official document proving the identity.

The surname, name and middle name of the foreign person in the resolution shall be specified both in production language, and in the transcription used in the identity document. (For example, Toyimbaev Ravshan Mavlankulovich.

In absence cases at the foreign person of the identity document, the certificate of the stateless person or the refugee, that person concerning whom production is conducted is specified based on the written confirmation which arrived from the country of its origin.

The identity of physical person concerning which proceeedings are conducted makes sure based on documents which list is stipulated in Item 1 article 6 of the Law of the Republic of Kazakhstan of January 29, 2013 No. 73-V "About identity documents" (further - the Law on documents).

If proceeedings are initiated in the relation of the legal entity, then the name should be specified according to the document on state registration of the legal entity.

According to item 4 of article 6 of the Law on documents, the identity documents used and represented to physical persons and legal entities by means of service of digital documents are equivalent to paper documents.

8. The circumstances established when considering the case are subject to statement in descriptive and motivation part of the resolution. Treat these circumstances:

circumstances of committed administrative offense (establishment of event of administrative offense), and also the description of time and the place of making of administrative offense, the effects which were caused its making;

the description of illegal actions (failure to act) of person brought to the administrative responsibility, forms of his fault in making of administrative offense;

statement of the proofs confirming or confuting guilt of person in making of administrative offense, their assessment from the point of view of relevancy, admissibility and reliability;

the analysis of other data having legal value for the correct qualification of offense, imposing of fair collection for administrative offense and execution of the issued decree.

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