ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of June 10, 2002 No. 87

About approval of the Instruction for proceedings about administrative offenses judicial authorities of the Republic of Kazakhstan

Due to the enforcement of the Code of the Republic of Kazakhstan "About administrative offenses" I ORDER:

1. Approve the enclosed Instruction for proceedings about administrative offenses by judicial authorities of the Republic of Kazakhstan.

2. Recognize to invalid:

1) the order of the Minister of Justice of the Republic of Kazakhstan of May 21, 2001 No. 54 "About approval of the Instruction for proceedings about administrative offenses judicial authorities of the Republic of Kazakhstan", registered in the Ministry of Justice on May 25, 2001 for No. 1521;

2) the order of the Minister of Justice of the Republic of Kazakhstan of August 3, 2001 No. 97 "About introduction of amendments to the order of the Minister of Justice of the Republic of Kazakhstan of May 21, 2001 No. 54 "About approval of the Instruction for proceedings about administrative offenses judicial authorities of the Republic of Kazakhstan", registered in the Ministry of Justice on September 10, 2001 for No. 1638.

3. This Order becomes effective from the date of its state registration.

Approved by the order of the Minister of Justice of the Republic of Kazakhstan of June 10, 2002 No. 87

The instruction for proceedings about administrative offenses judicial authorities of the Republic of Kazakhstan

1. General provisions

1. Task of judicial authorities on cases on administrative offenses are the prevention and suppression of administrative offenses, identification of the reasons and conditions promoting their making.

2. The instruction for proceedings about administrative offenses (further - the Instruction) regulates activities of judicial authorities for identification and hearing of cases about administrative offenses, production organization of cases on administrative offenses, terms of their consideration, execution, appeal, and also the organization of clerical work and control of justification of the made decision.

3. The instruction is developed according to the Code of the Republic of Kazakhstan "About administrative offenses" (further - the Code).

4. Judicial authorities the administrative offenses provided by Articles 128, of 129, of 145, of 148, of 353, of 354, of 356, 376 Codes come to light.

5. The administrative offenses provided by Articles 128, 145 Codes are considered by judicial authorities.

6. When implementing administrative production by officials of judicial authorities of the reference in documentation on administrative production shall be made only on Code regulations.

2. Administrative offense and administrative responsibility

7. Administrative offense action either failure to act of physical person or illegal action or failure to act of the legal entity for which the Code provides the administrative responsibility is recognized illegal, guilty (intentional or careless).

The administrative responsibility for the offenses listed in item 4 of this Instruction comes if these offenses in character do not involve according to the legislation of criminal liability.

8. Are subject to the administrative responsibility:

1) the physical responsible person who reached by the time of making of administrative offense of sixteen-year age;

2) legal entity.

9. The official is brought to the administrative responsibility on condition of making of administrative offense in connection with non-execution or improper execution of service duties by it. In the absence of this circumstance the official guilty of making of administrative offense is subject to responsibility in accordance with general practice, stipulated in Article 34 Codes.

The citizen who is engaged in business activity without formation of legal entity (further - the individual entrepreneur), and equally the heads, other workers performing the managerial functions which are not state bodies or local government bodies of the organizations, made administrative offenses in connection with accomplishment organizational and administrative or administrative type duties bear the administrative responsibility as officials.

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