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THE CODE OF THE REPUBLIC OF KAZAKHSTAN ABOUT ADMINISTRATIVE OFFENCES

of July 5, 2014 No. 235-V ZRK

(as amended on 07-07-2020)

Section 1. General provisions

Chapter 1. Legislation on administrative offenses

Article 1. Legislation of the Republic of Kazakhstan on administrative offenses

1. The legislation of the Republic of Kazakhstan on administrative offenses consists of of this Code.

2. This Code is based on the Constitution of the Republic of Kazakhstan, the conventional principles and rules of international law.

2-1. Modification and (or) amendments in this Code is performed by the law which is not providing modification and amendments in other legal acts of the Republic of Kazakhstan.

This provision does not extend to cases of exception of the administrative responsibility, and also to drafts of the laws drafted according to the procedure of the legislative initiative of the President of the Republic of Kazakhstan.

3. The international contractual and other commitments of the Republic of Kazakhstan, and also the normative resolutions of the Constitutional Council and Supreme Court of the Republic of Kazakhstan regulating administrative and delictual legal relationship are component of the legislation on administrative offenses.

4. The international agreements ratified by the Republic of Kazakhstan have priority before this Code and are applied directly, except cases when follows from the international treaty that its application requires the publication of the law. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which are stipulated by the legislation the Republic of Kazakhstan about administrative offenses then are applied rules of the international treaty.

Article 2. Basis of the administrative responsibility

The basis of the administrative responsibility is making of the act containing all signs of structure of the offense provided in the Special part of this Code.

Article 3. Operation of the legislation of the Republic of Kazakhstan on responsibility for administrative offenses in space

1. Person who made administrative offense in the territory of the Republic of Kazakhstan is subject to responsibility under this Code.

2. The administrative offense made in the territory of the Republic of Kazakhstan act which is begun is recognized or continued or was ended in the territory of the Republic of Kazakhstan. Action of this Code extends also to the administrative offenses made on the continental shelf and in exclusive economic zone of the Republic of Kazakhstan.

3. Person who made administrative offense on the vessel attributed to the port of the Republic of Kazakhstan and which is in open water or airspace outside the Republic of Kazakhstan is subject to the administrative responsibility under this Code if other is not provided by the international treaty of the Republic of Kazakhstan. Under this Code the administrative responsibility is born also by person who made administrative offense on the warship or the military aircraft of the Republic of Kazakhstan irrespective of the place of its stay.

4. The question of the administrative responsibility of diplomatic representatives of foreign states and other foreigners who use immunity in case of making by these persons of offense in the territory of the Republic of Kazakhstan is allowed according to rules of international law.

Article 4. Operation of the legislation of the Republic of Kazakhstan on responsibility for administrative offenses in time

1. Person who made administrative offense is subject to responsibility based on the legislation existing during making of this offense.

2. Time of making of administrative offense time of implementation of the act provided by the Special part of this Code irrespective of time of approach of effects is recognized.

Article 5. Retroactive effect of the law about administrative offenses

1. The law mitigating or canceling the administrative responsibility for administrative offense or otherwise improving provision of person who made administrative offense has retroactive force, that is extends to the offense made before introduction of this law in action and concerning which the resolution on imposing of administrative punishment is not performed.

2. The law establishing or strengthening the administrative responsibility for administrative offense or otherwise worsening situation of person, has no retroactive force.

Chapter 2. Tasks and principles of the legislation on administrative offenses

Article 6. Tasks of the legislation on administrative offenses

1. The legislation on administrative offenses has task protection of the rights, freedoms and legitimate interests of man and citizen, health, sanitary and epidemiologic wellbeing of the population, the environment, public morality, property, public order and safety, established procedure of implementation of the government and public administration protected by the law of the rights and interests of the organizations from administrative offenses and also the prevention of their making.

2. For implementation of this task the legislation on administrative offenses establishes the bases and the principles of the administrative responsibility, determines what acts are administrative offenses and types of the penalties imposed for their making, and also what administrative punishment by what state body (official) and in what procedure it can be put on the face which made administrative offense.

Article 7. Value of the principles of the legislation on administrative offenses

Value of the principles of the legislation on administrative offenses consists that their violation depending on its nature and materiality attracts recognition of the taken place proceeedings invalid, cancellation of the decisions passed during such production or recognition of the materials collected at the same time which do not have strength of evidence.

Article 8. Legality

1. Administrative offenses, measures of administrative punishment, measure of ensuring proceeedings about administrative offense and measures of administrative and legal impact are determined only by this Code. Nobody can be subjected to administrative punishment, measures of administrative and legal impact or measures of ensuring proceeedings about administrative offense differently as on the bases and according to the procedure, established by this Code.

2. Court, bodies (officials), representatives to consider cases on administrative offenses, in case of production on cases on administrative offenses shall observe precisely requirements of the Constitution of the Republic of Kazakhstan, of this Code, other regulatory legal acts specified in Article of 1 of this Code. The constitution of the Republic of Kazakhstan has the highest legal force and direct action in all territory of the Republic of Kazakhstan. In case of contradiction between the rules established by the law and the Constitution of the Republic of Kazakhstan Constitution provisions are effective.

3. Courts have no right to apply the laws and other regulatory legal acts infringing the rights and freedoms of man and citizen affirmed by the Constitution of the Republic of Kazakhstan. If the court sees that the law or other regulatory legal act which is subject to application infringes at the rights and freedoms of man and citizen affirmed by the Constitution, it shall suspend proceeedings and address to the Constitutional Council of the Republic of Kazakhstan with idea of recognition of this act unconstitutional. On receipt court of the decision of the Constitutional Council proceeedings are resumed.

Decision of the courts and bodies (officials), representatives to consider the cases on administrative offenses based on the law or other regulatory legal act recognized unconstitutional to execution are not subject.

4. Violation of the law by court, bodies (officials), representatives to consider cases on administrative offenses, in case of production on cases on administrative offenses inadmissibly and involves the responsibility established by the law, recognition invalid the adopted acts and their cancellation.

Article 9. Equality before the law and court

On cases on administrative offenses all are equal in course of production before the law and court. Nobody can be exposed to any discrimination based on origin, social, official and property status, floor, race, nationality, language, the relation to religion, beliefs, the residence or on any other circumstances.

Article 10. Presumption of innocence

1. Person against whom proceedings on administrative offense are initiated is considered innocent until his guilt is proved in the procedure provided by this Code and is established by the judge's ruling which took legal effect, body (official) who considered case within the powers.

In case of consideration of the case about administrative offense according to the procedure of the reduced production, and also according to the instruction about need of payment of penalty person against whom proceedings on administrative offense are initiated is considered innocent until the introduction in legal force of the relevant decision.

2. Nobody shall prove the innocence.

3. Any doubts in guilt are interpreted for benefit of person against whom proceedings on administrative offense are initiated. In its advantage also the doubts arising in case of application of the legislation on administrative offenses shall be permitted.

Article 11. Principle of fault

1. The physical person is subject to the administrative responsibility only for those offenses concerning which his guilt is ascertained. Objective imputation, that is the administrative responsibility for innocent causing harm by physical person, is not allowed.

2. The physical person who made act is found of administrative offense guilty it is intentional or on imprudence.

Article 12. Inadmissibility of repeated administrative prosecution

Nobody can be repeatedly brought to the administrative responsibility for the same offense.

Article 13. Principle of humanity

The administrative punishment applied to person who made offense cannot aim at causing physical sufferings or humiliation of human dignity.

Article 14. Integrity of human beings

1. Nobody can be subjected to administrative detention, the drive, delivery in law-enforcement bodies (police) or other state bodies, to personal inspection and examination of the things which are under physical person or other measures of ensuring proceeedings about administrative offense differently as on the bases and according to the procedure, established by this Code.

2. Administrative detention as measure of administrative punishment can be imposed only under the judge's ruling in the cases and procedure established by this Code.

3. Each detainee subjected to the drive brought to law-enforcement bodies (police) or other state body is immediately told the bases of detention, the drive, delivery, and also legal qualification of administrative offense which making to it is imputed.

4. The state body (official) shall exempt immediately illegally the detainee subjected to the drive, delivery or who is under administrative detention over the term, provided by the judge's ruling.

5. None of persons participating in case on administrative offense can be exposed to tortures, violence, the cruel or degrading human dignity address.

6. Making in production process on the case of administrative offense against the will of person or his representative of the actions breaking integrity of human beings is possible only in the cases and procedure which are directly provided by this Code.

7. Content of person concerning which as measure of administrative punishment administrative detention is chosen and also person subjected to administrative detention shall be performed in the conditions excluding threat of his life and to health.

8. The harm done to physical person as a result of illegal administrative detention, content in conditions, life-threatening and health, him abuse is subject to compensation according to the procedure, provided by the law.

Article 15. Respect of honor and advantage of the personality

1. In case of production on cases on administrative offenses the decisions and actions degrading honor or belittling advantage of person participating in case are prohibited collection, use and distribution of data on private life are not allowed, and equally in data of personal and business nature which person considers necessary to keep in secret, for the purposes which are not provided by this Code.

2. The moral harm done to person in course of production on cases on administrative offenses by illegal actions of court, other state bodies and officials is subject to compensation in the procedure established by the law.

Article 16. Personal privacy and protection of secret

Private life, the personal, family, commercial and protected by the law other secret are under protection of the law. Everyone has the right to the mystery of personal deposits and savings, correspondence, telephone negotiations, post, cable and other messages. Restrictions of these rights in course of production on the case of administrative offense are allowed only in the cases and procedure which are directly established by the law.

Article 17. Security of property

1. The property is guaranteed by the law. Nobody can be deprived of the property differently as by a court decision.

2. Withdrawal of property and documents; discharge from vehicle control, the small size vessel; detention of the vehicle, small size vessel; examination of vehicles, small size vessels; survey of the territories, rooms, vehicles, goods, other property, and also the relevant documents, application of other measures of ensuring proceeedings about administrative offense encroaching on property can be made only in the cases and procedure provided by this Code.

Article 18. Independence of court (judge) and body (official), representative to consider cases on administrative offenses

Courts (judges) and bodies (officials), representatives to consider cases on administrative offenses, resolve them in the conditions excluding foreign impact on them. Any intervention in activities of court (judge) and body (official), representative to consider cases on administrative offenses, inadmissibly and attracts the responsibility established by the law.

Article 19. Release from obligation to give the testimony

1. Nobody shall give evidences against himself, the spouse (spouses) and the close relatives whose circle is determined by the law.

2. Priests shall not witness against trusted in them on confession.

3. In the cases provided by parts one and the second this Article, specified persons have the right to refuse evidence and cannot be subjected for it to any responsibility.

Article 20. Providing rights to qualified legal aid

1. Everyone has the right during administrative production of qualified legal aid according to provisions of this Code.

2. In the cases provided by the law, legal aid is given free of charge.

Article 21. Publicity of production on cases on administrative offenses

1. Court, bodies (officials), representatives to consider cases on administrative offenses, perform production on these cases openly.

2. According to the law the closed production is performed concerning the cases containing the data which are the state secrets and also in case of satisfaction with court, body (official), representative to consider cases on administrative offenses, petitions of the person participating in case referring to need of providing secrecy of adoption, preserving the personal, family, commercial or protected by the law other mystery, data on intimate aspects of life of physical persons or to other circumstances interfering open trial.

3. Personal correspondence and personal cable messages of physical persons can be announced in case of open production only with the consent of persons between whom there were correspondence and cable messages. Otherwise personal correspondence and personal cable messages of these persons are disclosed and researched in case of the closed production. The specified rules are applied also in case of research of photo and film documents, zvuko-and videos, information on the electronic media containing data of personal nature.

4. Persons participating in case and the physical persons which are present at open production have the right to fix in writing or with use of audio recording course of production from the places taken by them indoors where production is performed. Film and photographing, video, broadcasting per radio, television and Internet resources in course of production are allowed according to the leave of court, body (official), the representative to consider cases on administrative offenses, taking into account opinion of persons participating in case. These actions shall not disturb normal course of production and can be limited in time.

Article 22. Safety in course of production

Production on cases on administrative offenses happens in the conditions ensuring normal functioning of court, body (official), representative to consider cases on administrative offenses, and safety of participants of production. For the purpose of safety the judge, the official can dispose about conducting check of persons wishing to be present at proceeedings including verification of the documents proving their identity, personal inspection and examination of the things which are carried by by them.

Article 23. Freedom of contest of proceeding decisions and appeal of legal proceedings

1. Actions of body (official), the representative to constitute protocols on cases on administrative offenses, can be appealed, and the judgments, body (official), the representative to consider cases on administrative offenses, can be disputed according to the procedure, established by this Code.

2. Person participating in case has the right to review of resolutions on cases on administrative offenses according to the procedure, established by this Code.

3. The circulation of the claim to the detriment of person who made the complaint or to the detriment of person for the benefit of whom it was submitted is not allowed.

Article 24. Judicial protection of the rights, freedoms and legitimate interests of person

1. Everyone has the right to judicial protection of the rights and freedoms. The interested person has the right according to the procedure, established by the law, to take a legal action behind protection of the violated or disputed rights, freedoms or interests protected by the law.

2. The prosecutor has the right to take a legal action with the claim (statement) for the purpose of implementation of the obligations assigned to it and for protection of the rights of physical persons, organizations, public and state interests.

3. Can to nobody without its consent be changed the cognizance provided for it by the law.

4. The court shall explain to the legal representative of person concerning whom proceeedings about administrative offense are conducted, or the victim, being minors or on the physical or mental condition deprived of opportunity independently to perform the rights, the right provided by Article part five 683 of this Code.

Section 2. Administrative offense and administrative responsibility

General part

Chapter 3. Administrative offense

Article 25. Administrative offense

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

2. The administrative responsibility for the offenses provided by Articles of the Special part of this Code comes if these offenses in character do not involve according to the legislation of criminal liability.

Article 26. Making of administrative offense is intentional

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

Article 27. Making of administrative offense on imprudence

The administrative offense is recognized committed on imprudence if the physical person which made it expected possibility of approach of harmful effects of the action (failure to act), but without the bases, sufficient to that, thoughtlessly expected their prevention or did not expect possibility of approach of such effects though it in case of due attentiveness and foresight shall and could expect them.

Chapter 4. Administrative responsibility

Article 28. Persons which are subject to the administrative responsibility

Are subject to the administrative responsibility:

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

2) legal entity.

Article 29. Diminished responsibility

The physical person which during making of the illegal act provided by this Code was in diminished responsibility condition is not subject to the administrative responsibility, that is could not realize the actual nature and danger of the actions (failure to act) or to direct them owing to chronic mental disease, temporary mental disturbance, weak-mindedness or other disease state of mentality.

Article 30. Administrative responsibility of officials

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.

Note. Officials persons are recognized this Code, it is permanent, temporary or on special power the functions of the public agent performing or performing at the time of making of administrative offense or which are carrying out or carrying out at the time of making of administrative offense organizational and administrative or administrative functions in public institutions, subjects of the quasi-public sector, local government bodies.

Article 31. Features of the administrative responsibility when fixing offense the certified special control and measuring technical means and devices

1. When fixing administrative offense the certified special control and measuring technical means and devices working in the automatic mode to the administrative responsibility for administrative offenses in the field of traffic bring owners (owners) of vehicles.

2. The owner (owner) of the vehicle is exempted from the administrative responsibility for the offense made with participation of this vehicle if during check according to its message or the statement person in whose ownership it was at the time of fixing of offense is identified or it was disposed from its possession as a result of illegal actions of other persons.

Note. Owners of vehicles the physical persons owning the vehicle on the property right and also physical persons to which the vehicles belonging to physical persons and legal entities are given to temporary ownership and use are recognized Articles of this Code.

In Articles of this Code it is necessary to understand the technical means and devices of observation and fixing of offenses which underwent metrological checking as the certified special control and measuring technical means and devices, photo, the video equipment, the fixing fact and time of making of offense, type, brand, the state registration registration plate, and also speed and the direction of movement of the vehicle.

Article 32. The administrative responsibility of the serviceman, prosecutor and other persons to whom operation of disciplinary charters or special provisions, for making of administrative offenses by them extends

1. Military personnel and persons liable for call-up who are on military charges bear responsibility for the administrative offenses made on duty under disciplinary charters, except as specified, 681 of this Code provided by Articles 651, of 652, of 667, of 676, of 677, of 680,. The staff of special state and law enforcement agencies bears responsibility according to the regulatory legal acts regulating procedure for service in relevant organs for the administrative offenses made on duty. 

2. For violations of the mode of Frontier of the Republic of Kazakhstan, the mode at check points through Frontier of the Republic of Kazakhstan and customs border of the Eurasian Economic Union, the legislation of the Republic of Kazakhstan on the state secrets, sanitary and epidemiologic wellbeing of the population, requirements of fire safety, traffic regulations, customs rules out of the duty station, the legislations of the Republic of Kazakhstan on financial accounting and the financial reporting, the budget and tax legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on public procurements, rules of hunting, fishery, other rules and regulations of rational use and protection of natural resources of person specified in part one of this Article bear the administrative responsibility in accordance with general practice. Administrative punishments in the form of deprivation of the right of carrying and storage of fire and cold weapon and administrative detention cannot be applied to specified persons.

3. Administrative punishment in the form of administrative penalty cannot be applied to the military personnel passing conscription military service, and cadets of military and special educational institutions.

4. Bodies (officials) which are granted the right to impose administrative punishments instead of imposing of administrative punishments on persons specified in parts one and third this Article shall transfer materials about offenses to relevant organs for the solution of question of involvement of guilty persons to disciplinary responsibility.

Article 33. Administrative responsibility of private notaries, private legal executives, lawyers, individual entrepreneurs and legal entities

1. Private notaries, private legal executives, lawyers, individual entrepreneurs and legal entities are subject to the administrative responsibility for administrative offense in the cases provided by the Special part of this Section.

2. Individual entrepreneurs and legal entities are subject to the administrative responsibility for administrative offense if the act (action or failure to act) provided by the Special part of this Section was made, authorized, approved by the body, person performing management functions by the legal entity the, or worker of the individual entrepreneur and the legal entity performing organizational and administrative or administrative functions.

3. The structural divisions of the legal entity which made administrative offenses and being independent taxpayers (except for the financial organizations), bear the administrative responsibility as legal entities.

4. Administrative prosecution of individual entrepreneurs and legal entities exempts from the administrative responsibility for this offense of the worker of the individual entrepreneur and legal entity.

Note. For the purposes of of this Code individual entrepreneurs and legal entities bear the administrative responsibility as subjects of entrepreneurship.

Article 34. Administrative responsibility of foreigners, foreign legal entities and stateless persons

1. The foreigners, foreign legal entities, their branches and representations and persons without citizenship who made administrative offenses in the territory of the Republic of Kazakhstan and also on the continental shelf of the Republic of Kazakhstan, are subject to the administrative responsibility in accordance with general practice.

2. Structural divisions (branches and representations) of foreign and international non-commercial non-governmental associations bear the administrative responsibility for violation of the law of the Republic of Kazakhstan about public associations as legal entities.

3. The question of the administrative responsibility for the administrative offenses made in the territory of the Republic of Kazakhstan by diplomatic representatives of foreign states and other foreigners who use immunity is allowed according to rules of international law.

Chapter 5. The circumstances excluding the administrative responsibility

Article 35. Justifiable defense

1. Making of the act provided by this Code in condition of justifiable defense is not administrative offense, that is in case of protection of the personality, the dwelling, property, the parcel of land and other rights of defending or other persons protected by the law of interests of society or state from illegal encroachment by causing encroaching harm if at the same time exceeding of limits of justifiable defense was not allowed.

2. All persons irrespective of their professional or other special training and official position have the right to justifiable defense equally. This right belongs to person irrespective of opportunity to avoid illegal encroachment or to ask for the help other persons or state bodies.

3. Exceeding of limits of justifiable defense explicit discrepancy of protection to nature and degree of danger of encroachment therefore encroaching obviously excessive, not caused by situation harm is caused is recognized. Such exceeding involves the administrative responsibility only in cases of intentional damnification.

4. Person which exceeded limits of justifiable defense owing to the fear, fright or confusion caused by illegal encroachment is not subject to the administrative responsibility.

Article 36. Detention of person who made encroachment

1. Making of the act provided by this Code during detention of person who made illegal encroachment for delivery of this person to state bodies and suppression of possibility of making of new encroachments by it is not administrative offense if other means to detain such person did not represent possible and at the same time exceeding necessary for this purpose was not allowed died.

2. Exceeding of the measures necessary for detention of person who made encroachment their explicit discrepancy to nature and degree of danger made by the detained person of encroachment and to circumstances of detention when obviously excessive, not caused by situation harm is needlessly caused to person is recognized. Such exceeding involves the administrative responsibility only in cases of intentional damnification.

3. Possessory lien of person who made encroachment along with persons which are specially authorized on that also the victims and other physical persons have.

Article 37. Emergency

1. Damnification to the interests protected by this Code in emergency condition, that is for elimination of danger, directly life-threatening is not administrative offense, to health, the rights and legitimate interests of this person or other persons, to interests of society or state if this danger could not be eliminated with other means and at the same time are not allowed excesses of limits of emergency.

2. Exceeding of limits of emergency damnification, obviously not corresponding to nature and degree to the threatening danger and situation in which danger was eliminated when the harm equal or more considerable was done to the right protected interests, than prevented is recognized. Such exceeding involves responsibility only in cases of intentional damnification.

Article 38. Physical or mental compulsion

1. Making of the act provided by this Code as a result of physical or mental compulsion is not administrative offense if owing to such coercion person could not direct the actions (failure to act).

2. The question of the administrative responsibility for damnification to the interests protected by this Code as a result of mental coercion, and also as a result of physical compulsion owing to which person kept opportunity to direct the actions is solved taking into account provisions of article 37 of this Code.

Article 39. Execution of the order or order

1. Making of the act provided by this Code, person acting in pursuance of the order, obligatory for it, or the order is not administrative offense. The administrative responsibility for making of such act is born by person who made the illegal order or the order.

2. Person who made intentional administrative offense in pursuance of obviously illegal order or the order bears the administrative responsibility in accordance with general practice. Non-execution of obviously illegal order or order excludes the administrative responsibility.

Chapter 6. Administrative punishment and measures of administrative and legal impact

Article 40. Concept and purposes of administrative punishment

1. Administrative punishment is the measure of the state coercion applied by representatives on that the law the judge, bodies (officials) for making of administrative offense and consists in the deprivation provided by this Code or restriction of the rights and freedoms of person who made such offense.

2. Administrative punishment is applied for the purpose of education of person who made offense in the spirit of observance of requirements of the legislation and respect of law and order, and also the prevention of making of new offenses by both the offender, and other persons.

3. Administrative punishment does not aim at causing physical sufferings to person who made administrative offense, or humiliation of its human dignity, and also harming of goodwill of the legal entity.

4. Administrative punishment is not means of compensation of property damage. The harm done by administrative offense is compensated according to the procedure, stipulated in Article the 59th of this Code.

Article 41. Types of administrative punishments

1. For making of administrative offenses the following administrative punishments can be applied:

1) prevention;

2) administrative penalty;

3) confiscation of the subject which was the tool or subject of making of administrative offense, and equally in the property received owing to making of administrative offense;

4) deprivation of the special right;

5) deprivation of permission or suspension of its action, and also exception of the register;

6) suspension or prohibition of activities;

7) forced demolition illegally the built or built structure;

8) administrative detention;

9) administrative expulsion out of limits of the Republic of Kazakhstan the foreigner or the stateless person.

2. For making of administrative offenses the administrative punishments listed in subitems 1) - 5) and 7) parts one of this Article, and also suspension or prohibition of activities or separate types of activity of the legal entity can be applied to legal entities.

Article 42. Main and additional measures of administrative punishments

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

2. Deprivation of the special right, deprivation of permission or suspension of its action, and also exception of the register, suspension or prohibition of activities or its separate types, and also administrative expulsion out of limits of the Republic of Kazakhstan of foreigners or stateless persons can be applied in quality as the main, and additional administrative punishments.

3. Confiscation, forced demolition illegally of the built or built structure can be applied only as additional administrative punishment.

Article 43. Prevention

1. The prevention consists in official giving by court, body (official), representative to impose administrative punishment, negative assessment of committed offense and caution of physical person or legal entity about inadmissibility of delinquent behavior. The warning is issued in writing.

2. In the absence of circumstances, stipulated in Article 57 and the note to article 366 of this Code, the court (judge), the body (official) imposing administrative punishment shall apply the prevention provided by the relevant article of the Special part of this Code.

Article 44. Administrative penalty

1. The administrative penalty (further - penalty) is the cash collection imposed for administrative offense in the cases and limits provided in Articles of the Special part of this Section, in the amount of, to corresponding certain quantity of the monthly settlement indicator established according to the law existing at the time of initiation of proceedings about administrative offense.

In the cases provided in Articles of the Special part of this Section, the size of penalty is expressed percentage of:

1) the amounts of the harm done to the environment;

2) the amounts of the unexecuted or fulfilled in an inadequate way tax liability;

3) the amounts of unpaid (not listed), it is untimely and incomplete the paid (listed) social assignments;

4) the amounts of not listed, it is untimely and incomplete (listed) compulsory pension contributions and compulsory professional pension contributions estimated, withheld (added) and (or) paid;

5) the amounts of cost of the excise goods received as a result of illegal entrepreneurship;

6) the amounts unaccounted according to requirements of the legislation of the Republic of Kazakhstan about financial accounting and the financial reporting or considered in an inadequate way;

7) the amount of transaction (transaction) which is (carried out) with violation of the financial legislation of the committed Republic of Kazakhstan;

8) income amounts (revenue), received as a result of implementation of monopolistic activities or violation of the law of the Republic of Kazakhstan about power industry, about natural monopolies, the legislation of the Republic of Kazakhstan regulating activities of the financial market and the financial organizations;

9) costs of the energy resources used over the approved standard rates for the period in which there was offense, but no more than in one year;

10) the amounts of not enlisted national and foreign currency;

11) the amounts of unpaid (not listed), it is untimely and incomplete the paid (listed) assignments and (or) fees on compulsory social medical insurance.

If the size of penalty is expressed in the provided Articles of the Special part of this Section percentage of the transaction amount which is carried out with violation of regulations of the financial legislation of the Republic of Kazakhstan, and such operation is performed in foreign currency, recalculation of the amount of fine of tenge is performed on the official rate established by National Bank of the Republic of Kazakhstan at the time of creation of the protocol on administrative offense.

2. The size of the penalty imposed on physical person cannot exceed two hundred monthly settlement indicators.

The size of the penalty imposed on the official, the private notary, the private legal executive, the lawyer, small business entities and also non-profit organizations, cannot exceed seven hundred fifty monthly settlement indicators.

The size of the penalty imposed on subjects of medium business cannot exceed one thousand monthly settlement indicators.

The size of the penalty imposed on subjects of big business cannot exceed two thousand monthly settlement indicators.

3. The penalty estimated according to the paragraph the second parts one of this Article can be established in the sizes exceeding or less established sizes of the penalties specified in this Article.

4. The penalty is collected in the income of the government budget according to the procedure, established by the legislation of the Republic of Kazakhstan.

Article 45. Confiscation of the subject which was the tool or subject of making of administrative offense, and also the property received owing to making of administrative offense

1. Confiscation of the subject which was the tool or subject of making of administrative offense and also the property received owing to making of administrative offense consists in their forced non-paid address to property of the state in the procedure established by the legislation.

Withdrawal from adverse possession of person who made administrative offense, the subject which is subject to return to his owner or withdrawn from circulation is not confiscation. The subject withdrawn from circulation is subject to the address to property of the state or destruction.

2. Only the subject which is property of the violator is subject to confiscation if other is not provided by the Special part of this Code.

3. Confiscation of hunting weapon, ammunition to it and other permitted tools of hunting and fishery cannot be applied to persons for whom hunting (fishery) is the main legal livelihood.

4. Confiscation is applied by the judge and can be imposed in cases when it is provided by the relevant article of the Special part of this Section as administrative punishment.

Article 46. Deprivation of the special right

1. Deprivation of the special right granted to the particular person is applied by the judge.

2. Term of deprivation of the special right cannot be less than one month and more than two years.

3. Term of deprivation of the right of control of vehicles cannot be less than six months and more than ten years.

4. Deprivation of the right of control of vehicles cannot be applied to persons who use these means in connection with disability, except as specified drivings in state of intoxication or evasion from passing in accordance with the established procedure of survey on state of intoxication, and also leaving by specified persons in defiance of statutory rules of the place of the road accident which members they were.

5. Deprivation of the right of hunting, fishery, storage and carrying hunting weapon, ammunition to it and fishing tackles cannot be applied to persons for whom hunting (fishery) is the main legal livelihood, except for systematic violation of procedure for use of this right.

Article 47. Deprivation of permission or suspension of its action, and also exception of the register

1. Deprivation of permission or suspension of its action is applied for the administrative offense made when implementing activities or making certain actions (transactions) provided by permission.

1-1. Deprivation of permission or suspension of its action are imposed by the judge, authorized body (official) taking into account provisions of parts three, the fourth, fifth, sixth and 6-1 this Article.

2. The term of suspension of action of permission cannot be less than one and more than six months.

3. Suspension or deprivation of the operating authority in the financial sphere and activities connected with concentration of financial resources, except for deprivations of permission of credit bureau is performed by authorized body on regulation, control and supervision of the financial market and the financial organizations and National Bank of the Republic of Kazakhstan within their competence on the bases and according to the procedure which are established by the laws of the Republic of Kazakhstan.

4. The exception of the register is performed by authorized body in the field of customs affairs on the bases and according to the procedure which are established by the customs legislation of the Republic of Kazakhstan, and authorized body in the field of transport and communications on the bases and according to the procedure which are established by the legislation of the Republic of Kazakhstan on traffic.

5. The exception of the register of the organizations performing microfinancial activities is performed by authorized body on regulation, control and supervision of the financial market and the financial organizations for the bases and according to the procedure which are established by the legislation of the Republic of Kazakhstan on microfinancial activities.

6. The exception of the register of the collection agencies is performed by authorized body on regulation, control and supervision of the financial market and the financial organizations for the bases and according to the procedure which are established by the Law of the Republic of Kazakhstan "About collection activities".

6-1. The exception of the register of payment institutes is performed by National Bank of the Republic of Kazakhstan on the bases and according to the procedure which are established by the Law of the Republic of Kazakhstan "About payments and payment systems".

7. If activities when which implementing the administrative offense is made are subspecies of the licensed type of activity, administrative punishment in the form of deprivation or suspension of permission is applied only to specific subspecies of the licensed type of activity.

Note. For the purposes of of this Code deprivation of permission, suspension of its action is understood as deprivation of the license for implementation of the licensed type of activity or its subspecies, special permission, the competence certificate (certificate), or suspension of her (his) action on certain type or subspecies of activities, or making of certain action, and also other allowing document provided by the Law of the Republic of Kazakhstan "About permissions and notifications".

Article 48. Suspension or prohibition of activities or its separate types

1. Suspension or prohibition of activities or its separate types consists in the temporary termination of activities or prohibition of activities or its separate types of physical and (or) legal entities, including branches, representations, structural divisions of the legal entity, production sites, and also operation of aggregates, buildings and constructions, implementation of separate types of activity (works), rendering services.

2. Suspension or prohibition of activities or its separate types is made judicially or body (official), the representative to consider cases on administrative offenses if for making of administrative offense purpose of the sanction in the form of suspension or prohibition of activities is possible. Consideration of such cases is performed within ten days.

3. Suspension of operations or its separate types is established for a period of up to three months.

4. Before consideration of the case the providing measure in the form of suspension or prohibition of activities or its separate types according to the procedure, stipulated in Article 801 of this Code can be applied to physical person or legal entity. In this case the term of suspension or prohibition of activities or its separate types joins suspensions or prohibitions of activities or its separate types in time if this measure of administrative punishment is applied when considering the case.

Article 49. Forced demolition illegally the built or built structure

Forced demolition illegally of the built or built structure is imposed by the judge in the cases provided by Articles of the Special part of this Section.

Article 50. Administrative detention

1. Administrative detention is established for a period of up to thirty days, and for violation of requirements of emergency rule - up to forty five days. Administrative detention is appointed by the judge in exceptional cases in the limits provided in Articles of the Special part of this Section.

2. Administrative detention cannot be applied to the expectant mothers and women having children aged up to fourteen years, to persons which did not reach eighteen-year age, to disabled people of 1 and 2 groups, and also women at the age of over fifty eight years, men are over sixty three years old and to the men alone raising children who did not reach fourteen-year age.

3. The term of administrative detention joins administrative detention in time.

Article 51. Administrative expulsion out of limits of the Republic of Kazakhstan foreigners or stateless persons

1. Administrative expulsion out of limits of the Republic of Kazakhstan of foreigners or stateless persons is applied by the judge as measure of administrative punishment according to the procedure and on the bases which are provided by the Special part of this Code.

Provisions of this part do not extend to cases of the expulsion of foreigners or stateless persons performed according to the procedure, provided by the civil procedural legislation of the Republic of Kazakhstan.

2. If during administrative production person to whom the measure of administrative punishment in the form of administrative expulsion out of limits of the Republic of Kazakhstan can be applied, will report about the act made concerning it recognized according to the Criminal Code of Kazakhstan heavy or especially serious crime, that consideration of the case about administrative offense concerning this person is postponed until decision making according to the message or the statement according to the procedure, stipulated in Clause 179 Codes of penal procedure of the Republic of Kazakhstan.

Article 52. Measures of administrative and legal impact

1. The following measures of administrative and legal impact are applied to person who made administrative offense for the purpose of the prevention of making by this person of new offenses according to this Code:

1) examination of traffic regulations;

2) establishment of special requirements to behavior of the offender;

3) examination of rules of safe handling of civil and office weapon.

2. The measures of administrative and legal impact specified in part one of this Article are applied along with imposing of administrative punishment, and instead of it in case of release of person who made administrative offense from the administrative responsibility on the bases provided by Articles 64, of 64-1 of this Code.

Article 53. Examination of traffic regulations

1. The transport drivers who made the offenses provided by Articles 594 (part four), 596 (part four), 598 (part two), 599 (part two), 600 (part two) of this Code go for passing an examination for check of knowledge of traffic regulations.

2. The decree on the direction on check of knowledge of traffic regulations is issued by bodies (officials), representatives to consider cases on the administrative offenses provided by the specified Articles of this Code.

Article 53-1. Examination of rules of safe handling of civil and office weapon

The owners and users of civil and office weapon who made the offenses provided by Article part one 436, Article part one 484, part one of Article 485 and part one of article 486 of this Code go for passing an examination for examination of rules of safe handling of civil and office weapon.

The resolution on the direction is submitted for examination of rules of safe handling of civil and office weapon by bodies (officials), representatives to consider cases on the administrative offenses provided by the specified Articles of this Code.

Article 54. Establishment of special requirements to behavior of the offender

1. When considering the case about administrative offense by court on own initiative or according to the petition of police agencies or other participants of proceeedings for administrative offense special requirements to behavior persons can be identified, the made administrative offense provided by Articles 73, 73-1, 73-2, 127, of 128, of 131, of 434, of 435, of 436, 440 (part three), 442 (part three), 448, of 461, of 482, 485 (part two) of this Code for a period of three months up to one year providing will in full or separately lock:

1) contrary to will of the victim to search, pursue, visit the victim, to conduct oral, telephone negotiations and to come to him into contacts in other ways, including minor and (or) incapacitated members of his family;

2) to acquire, store, carry and use fire and other types of weapon;

3) the minor to visit certain places, to leave to other areas without the permission of the commission on protection of the rights of minors;

4) to take alcoholic beverages, drugs, psychotropic substances.

2. In case of establishment of special requirements to behavior of person who made administrative offense in the field of the home relations to protection and protection of the victim and members of his family the court has in exceptional cases the right to apply for a period of up to thirty days measure of administrative and legal impact in the form of prohibition to person who committed domestic violence, to live in the individual apartment house, the apartment or other dwelling with the victim in case of availability at this person of other dwelling.

3. During effective period of special requirements to behavior of the offender obligations can be assigned to it to be in law-enforcement bodies for preventive conversation from one to four times a month.

Chapter 7. Imposing of administrative punishment

Article 55. General rules of imposing of collection for administrative offense

1. Administrative punishment for administrative offense is imposed in the limits provided in Article of the Special part of this Section for this administrative offense in strict accordance with provisions of this Code.

2. Administrative punishment shall be to the fair, corresponding natures of offense, circumstances of its making, the identity of the offender.

3. When imposing administrative punishment on physical person nature of committed administrative offense, the identity of the guilty person, including his behavior before making of offense, the property statuses, circumstances mitigating and aggravating responsibility are considered.

4. When imposing administrative punishment on the legal entity the nature of administrative offense, property status, circumstances mitigating and aggravating responsibility are considered.

5. Imposing of administrative punishment does not exempt person from discharge of duty for which non-execution the specified penalty, elimination of the allowed violations and compensation of damage was imposed.

6. For one administrative offense one basic or the main and additional administrative punishments can be imposed.

Article 56. The circumstances mitigating responsibility for administrative offense

1. The circumstances mitigating responsibility for administrative offense are recognized:

1) repentance of the guilty person;

2) prevention by person who made administrative offense, harmful effects of 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 or family circumstances;

4) making of administrative offense by the minor;

5) making of administrative offense by the expectant mother or woman having the child aged up to fourteen years;

6) making of administrative offense as a result of physical or mental compulsion;

7) making of administrative offense in case of violation of conditions of legitimacy of justifiable defense, detention of person who made illegal encroachment, execution of the order or order;

8) making of administrative offense for the first time on imprudence.

2. The court (judge), the body (official) considering case on administrative offense can recognize mitigating and the circumstances which are not specified in part one of this Article.

Article 57. The circumstances aggravating responsibility for administrative offenses

The circumstances aggravating responsibility for administrative offenses are recognized:

1) continuation of delinquent behavior, despite law explanations the prosecutor and (or) the requirement of persons authorized on that to stop it;

2) making of homogeneous administrative offense, repeated within year, for which person was already exposed to administrative punishment on which term, stipulated in Article 61 of this Code did not expire;

3) involvement of the minor in administrative offense;

4) attraction to making of administrative offense of persons who obviously for the guilty person suffer from heavy mental disturbance, or persons under the age of, from which there comes the administrative responsibility;

5) making of administrative offense for motive of national, racial and religious hatred or hostility, from revenge for lawful actions of other persons, and also with the purpose to hide other offense or to facilitate its making;

6) making of administrative offense concerning person or his relatives in connection with accomplishment by this person of the office, professional or social duty;

7) making of administrative offense concerning the woman, obviously for guilty the pregnancy which is in condition, and also concerning the juvenile, other defenseless or helpless person or person which is depending on the guilty person;

8) making of administrative offense group of persons;

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

10) making of administrative offense is able alcoholic, drug or inhalant intoxication. The court (judge), the body (official) imposing administrative punishment depending on nature of administrative offense can not recognize this circumstance aggravating.

Article 58. Imposing of administrative punishments when making several administrative offenses

1. When making by one person of two or more administrative offenses administrative punishment is imposed for each offense separately.

2. If person made several administrative offenses which are considered by the same judge, authorized body (official), then in case of imposing on this person of penalties of the same type the final amount of collection cannot exceed the triple maximum limit set by this Code for this type of collection for administrative detention cannot exceed the term established by part one of article 50 of this Code, and for deprivation of the special right - the terms established by parts two and third article 46 of this Code.

3. If administrative penalties are expressed as a percentage, in case of their imposing for making of several administrative offenses the penalty is collected for each administrative offense separately.

Article 59. Indemnification, caused by administrative offense

1. The judge, considering case on administrative offense to which property harm is done, in case of the solution of question of imposing of administrative punishment at the same time collects such harm if there is no dispute on its size.

Disputes on the extent of the property harm done by administrative offense are considered according to the procedure of civil legal proceedings.

2. Compensation of property harm on the cases on administrative offenses considered by other authorized bodies (officials), in case of refusal the perpetrator from its voluntary compensation is made according to the procedure of civil legal proceedings.

3. Requirements about protection of goodwill or compensation of the moral harm done by administrative offense are considered according to the procedure of civil legal proceedings on the bases provided by the Civil code of the Republic of Kazakhstan.

Article 60. Calculation of terms of administrative punishment

The term of administrative detention is estimated for days, and deprivations of the special right granted to physical person or legal entity, and also deprivations of permission or suspension of its action is estimated for years, months or calendar days.

Article 61. The term during which person is considered subjected to administrative punishment

Person on who administrative punishment for administrative offense is imposed is considered subjected to this collection within year from the date of the end of execution of administrative punishment.

Chapter 8. Release from the administrative responsibility and administrative punishment

Article 62. Release from the administrative responsibility in connection with lapse of time

1. Person is not subject to administrative prosecution after two months from the date of making of administrative offense, and for making of administrative offense in the field of the environment, and also for violation of the law of the Republic of Kazakhstan about rehabilitation and bankruptcy - after one year from the date of its making, except the cases provided by this Code.

2. The physical person is not subject to administrative prosecution for making of administrative corruption offense, and also offense in the field of the taxation, protection of the competition, the sphere of customs affairs, the legislation of the Republic of Kazakhstan on provision of pensions, on compulsory social insurance, on energy saving and increase in energy efficiency, on the state secrets, on natural monopolies, on subsoil and subsurface use, on procedure for the organization and holding peaceful assemblies - after one year from the date of its making, and the legal entity (including the individual entrepreneur) is not subject to administrative prosecution for making of administrative corruption offense, offense in the field of the legislation of the Republic of Kazakhstan on energy saving and increase in energy efficiency, and also on subsoil and subsurface use, on procedure for the organization and holding peaceful assemblies, for violation of assessment procedures of compliance of objects of technical regulation - after three years from the date of its making, for offenses in the field of the taxation, protection of the competition, the sphere of customs affairs, the legislation of the Republic of Kazakhstan on provision of pensions, on compulsory social insurance, on natural monopolies - after five years from the date of its making.

3. In case of the lasting administrative offense, and also when making the administrative offense in the field of the budget relations encroaching on the interests of society and state protected by the law, person is not subject to administrative prosecution after two months from the date of detection of administrative offense.

When making administrative offense in the field of finance person is subject to administrative prosecution no later than three years from the date of making of administrative offense, but cannot be brought to the administrative responsibility after two months from the date of detection of administrative offense.

4. Provisions of parts one and third this Article do not extend to cases when the administrative offense promoted making of criminal offense and it became known during the investigation or judicial review of criminal case. The court has the right according to the procedure, provided by part one of Article 405 of the Code of penal procedure of the Republic of Kazakhstan, to put on the face guilty of such offense, administrative punishment if from the moment of making of administrative offense there passed no more than one year.

5. The current of term of imposing of administrative punishment for administrative offense stops from the moment of purpose of examination, removal of determination about the drive of person concerning which proceeedings are conducted, and also the directions of case in court or to the official of state body, authorized to consider cases on administrative offenses.

Calculation of these terms is resumed from the moment of receipt of results of examination, and also the actual delivery of person brought to the administrative responsibility in the body (to the official) performing determination about the drive.

Aggregate term of the drive cannot exceed more than one month.

6. In case of the termination of criminal case in the presence in actions of the violator of signs of administrative offense person can be brought to the administrative responsibility no later than three months from the date of receipt of the decision on its termination.

7. The current of term of imposing of collection for administrative offense is interrupted if before the expiration of the terms specified in parts one and third this Article, person makes new administrative offense. Calculation of term in these cases begins with the moment of detection of new administrative offense.

8. The judge's ruling or authorized body about the termination of administrative production regardless of the term provided in part one of this Article can be reviewed on the representations of the Chairman of the Supreme Court, the chairman of specialized judicial board of the Supreme Court, the prosecutor's protest given within year from the date of its introduction to legal force.

Note. The offense which is characterized by continuous implementation of single structure of certain act, stipulated in Article this Section of the Special part is recognized lasting, and it is not complete by the time of its detection.

Article 63. Release from the administrative responsibility and administrative punishment based on the act of amnesty

1. Person who made administrative offense can be exempted from the administrative responsibility or the imposed administrative punishment based on the act of amnesty if the specified act eliminates application of administrative punishment.

2. The act of amnesty is issued by Parliament of the Republic of Kazakhstan concerning individually not certain group of people.

Article 64. Release from the administrative responsibility in connection with conciliation of the parties

1. Cases on the administrative offenses provided by Articles 73, 73-1, 73-2, 73-3, 79 (part one), 146, of 185, of 186, 190 (parts five and the sixth), 220, 229 (part two) of this Code, are initiated precisely according to the statement of the victim and are subject to the termination behind its conciliation with person who made administrative offense.

1-1. Persons which for the first time made the administrative offenses provided by Articles 73, 73-1, 73-2 and 73-3 of this Code can be exempted by court from the administrative responsibility if they conciliated with the victims, applicants, including according to the procedure of mediation, and smoothed down damage suffered.

2. Conciliation is performed on the basis of the written agreement signed by the victim and person who made administrative offense.

Article 64-1. Release from the administrative responsibility in case of insignificance of offense

In case of insignificance of committed administrative offense the judge, body (official), the representative to consider cases on administrative offenses, can exempt person who made administrative offense from the administrative responsibility, having limited to the oral note.

Note. In case of the solution of question of release of person from the administrative responsibility on the basis specified in this Article specific circumstances of making of administrative offense, including the identity of the offender, and also subject to encroachment, and with harm - its size are considered.

Chapter 9. Administrative responsibility of minors

Article 65. Administrative responsibility of minors

1. Minors to whom action of this Chapter extends are recognized person by whom by the time of making of administrative offense it was performed sixteen, but did not perform eighteen years.

2. Administrative punishment using measures of educational impact can be imposed on the minor who made administrative offense.

Article 66. Features of application of administrative punishments to minors

1. The size of the administrative penalty imposed on the minor cannot exceed ten monthly settlement indicators irrespective of the size of penalty, stipulated in Article this Section of the Special part.

In case of absence at the minor property sufficient for payment of penalty, the penalty is imposed on the parents or persons replacing them.

2. Deprivation of the special right can be imposed on minors for the term of no more than one year.

3. Other types of administrative punishments (except for administrative detention), and also the measures of administrative and legal impact specified in Articles 41 and 52 of this Code are applied to minors in accordance with general practice.

Article 67. Imposing of administrative punishment on the minor

1. When imposing administrative punishment on the minor, except the circumstances provided by Articles 56 and 57 of this Code conditions of his life and education, the level of mental development, other features of the personality, and also influence of seniors on it on age of persons are considered.

2. The minor age as attenuating circumstance is considered in total with other mitigating and aggravating circumstances.

Article 68. Release of minors from the administrative responsibility and administrative punishment

The minor who for the first time made administrative offense can be exempted by court, body (official), the representative to consider cases on administrative offenses, from the administrative responsibility or from execution of the appointed administrative punishment using to it measures of educational impact, stipulated by the legislation.

Article 69. Measures of educational impact

1. To the minor the following measures of educational impact can be appointed:

1) law explanation;

2)  No. 127-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 28.12.2017;

3) assignment of obligation to smooth down damage suffered;

4) restriction of leisure and establishment of special requirements to behavior of the minor.

2. To the minor several measures of educational impact can be appointed at the same time.

3. The term of application of the measure of educational impact provided by the subitem 4) of part one of this Article is established lasting from three up to six months.

4. In case of systematic non-execution by the minor of the measure of educational impact provided by the subitem 4) of part one of this Article, law-enforcement bodies bring materials into court for the solution of question of cancellation of this measure and involvement of the minor to the administrative responsibility if the prescriptive limit established by part one of article 890 of this Code did not expire.

Article 70. Content of measures of educational impact

1. The explanation of the law consists in explanation to the minor of the harm done by its act and legal effects of repeated making of the offenses provided by this Code.

2. It is excluded according to the Law of the Republic of Kazakhstan of 28.12.2017 No. 127-VI ZRK.

3. Obligation smooth down damage suffered it is assigned taking into account property status of the minor and availability at it the corresponding labor skills.

4. Restriction of leisure and establishment of special requirements to behavior of the minor can provide prohibition of visit of certain places, uses of the certain forms of leisure including connected with vehicle control of stay restriction outdoors after certain time of day, departure to other areas without leave of court or body (official), the representative to consider cases on administrative offenses. Concerning the minor special requirements to behavior of the offender, stipulated in Article 54 of this Code can be established, and also requirement to finish training or to find a job by means of the commission on protection of the rights of minors is imposed.

Article 71. Prescriptive limits

Prescriptive limits, stipulated in Article 62 of this Code, in case of release of minors from the administrative responsibility or execution of administrative punishment are cut by half.

Article 72. The term during which the minor is considered subjected to administrative punishment

The minor on whom administrative punishment for administrative offense is imposed is considered subjected to this collection within six months from the date of the end of execution of the resolution on imposing of administrative punishment.

Special part

Chapter 10. The administrative offenses encroaching on the rights of the personality

Article 73. Illegal actions in the field of the home relations

1. The strong language, offensive sticking, humiliation, damage of household goods and other actions expressing disrespect for the faces consisting with the offender in the home relations, breaking their tranquility, made in the individual apartment house, the apartment or other dwelling if these actions do not contain signs of penal act, -

attract the prevention or administrative detention for a period of up to five days.

2. The actions provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attract administrative detention for a period of up to ten days.

3. The actions provided by part two of this Article, made by persons to whom administrative detention according to part two of article 50 of this Code is not applied -

attract penalty in the amount of five monthly settlement indicators.

Note. The home relations for the purposes of of this Code are understood as the relations between the spouses who were the spouses, persons living or living jointly, the close relatives, persons having general child(children).

Article 73-1. Intentional causing little harm to health

1. The intentional causing little harm to health which entailed short-term disorder of health or insignificant permanent loss of general working capacity -

attracts penalty in the amount of fifteen monthly settlement indicators or administrative detention for a period of up to fifteen days.

1-1. The actions provided by part one of this Article, made concerning the face consisting with the offender in the home relations -

attract the prevention or administrative detention for a period of up to fifteen days.

2. The actions provided by parts one and (or) 1-1 this Article committed repeatedly within year after imposing of administrative punishment, -

attract administrative detention for a period of up to twenty days.

3. The actions provided by part two of this Article, made by persons to whom administrative detention according to part two of article 50 of this Code is not applied -

attract penalty in the amount of forty monthly settlement indicators.

Article 73-2. Beating

1. Drawing the beating or making of other violent acts which caused physical pain, but did not entail causing little harm to health -

attracts penalty in the amount of ten monthly settlement indicators or administrative detention for a period of up to ten days.

1-1. The actions provided by part one of this Article, made concerning the face consisting with the offender in the home relations -

attract the prevention or administrative detention for a period of up to ten days.

2. The actions provided by parts one and (or) 1-1 this Article committed repeatedly within year after imposing of administrative punishment, -

attract administrative detention for a period of up to fifteen days.

3. The actions provided by part two of this Article, made by persons to whom administrative detention according to part two of article 50 of this Code is not applied -

attract penalty in the amount of thirty monthly settlement indicators.

Article 73-3. Slander

1. Slander, that is distribution of obviously false data discrediting honor and advantage of other person or hurting its reputation -

attracts penalty on physical person in the amount of hundred sixty monthly settlement indicators or administrative detention for the term of fifteen days, on the official - penalty in the amount of five hundred fifty monthly settlement indicators or administrative detention for the term of twenty days.

2. The same act, committed publicly or with use of mass media or networks of telecommunications, -

attracts penalty on physical person in the amount of hundred eighty monthly settlement indicators or administrative detention for the term of twenty days, on the official - penalty in the amount of six hundred fifty monthly settlement indicators or administrative detention for the term of twenty five days.

3. The acts provided by parts one or the second this Article, connected to accusation of person in making of corruption, heavy or especially serious crime -

attract penalty on physical person in the amount of two hundred monthly settlement indicators or administrative detention for the term of twenty five days, on the official - penalty in the amount of seven hundred fifty monthly settlement indicators or administrative detention for the term of thirty days.

Article 74. Hindrance to receipt of nationality of the Republic of Kazakhstan

1. Illegal actions (failure to act) of the officials interfering receipt of nationality of the Republic of Kazakhstan by person -

attract penalty in the amount of fifteen monthly settlement indicators.

2. The actions provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attract penalty in the amount of thirty monthly settlement indicators.

Article 75. Responsibility for violation of the legislation of the Republic of Kazakhstan on languages

1. Refusal of the official in adoption of documents, appeals of physical persons and legal entities, and also their not consideration in essence, motivated with ignorance of language, -

attracts the prevention or penalty in the amount of ten monthly settlement indicators.

2. The actions provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attract penalty in the amount of twenty monthly settlement indicators.

3. Violation of requirements for placement of details and visual information -

attracts the prevention.

4. The action provided by part three of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty on officials, small business entities or non-profit organizations in the amount of five, on subjects of medium business - in the amount of ten, on subjects of big business - in the amount of twenty five monthly settlement indicators.

5. Restriction of the rights of physical persons in the choice of language, discrimination on language signs -

attract penalty on officials in the amount of ten monthly settlement indicators.

6. The actions provided by part five of this Article committed repeatedly within year after imposing of administrative punishment, -

attract penalty in the amount of twenty monthly settlement indicators.

Article 76. Restriction of the right of free movement and choice of the residence

1. Action (failure to act) of officials limiting the right of physical persons to freedom of travel and the choice of the residence (except for border areas, prohibited areas in case of arsenals, bases and warehouses of Armed Forces of the Republic of Kazakhstan, other troops and military forming of the Republic of Kazakhstan and forbidden areas in case of arsenals, bases and warehouses of Armed Forces of the Republic of Kazakhstan, other troops and military forming of the Republic of Kazakhstan and certain areas in which restrictions by the Government of the Republic of Kazakhstan can be set) if this action (failure to act) does not contain signs of penal act, -

attracts penalty in the amount of fifteen monthly settlement indicators.

2. Action (failure to act) provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty in the amount of thirty monthly settlement indicators.

Article 77. Hindrance of legal activities of public associations, charitable organizations

Hindrance of legal activities of public associations, and also charitable organizations by the official with use of official position, and is equal the intervention in legal activities of these associations made by the official with use of the official position, which entailed violation of their rights and legitimate interests -

attract penalty in the amount of two hundred fifty monthly settlement indicators.

Article 78. Refusal in provision to physical person of information

1. Illegal refusal in submission of the documents collected in accordance with the established procedure, materials which are directly affecting the rights and freedoms of physical person, or provision to physical person of incomplete or obviously false information -

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

2. Making by the official of the acts provided by part one of this Article if these acts did harm to the rights and legitimate interests of physical persons, -

attracts penalty in the amount of fifty monthly settlement indicators.

Article 79. Violation of the law of the Republic of Kazakhstan about personal data and their protection

1. Illegal collection and (or) processing of personal data if these acts do not contain signs of penal act, -

attract penalty on physical persons in the amount of ten, on officials, private notaries, private legal executives, lawyers, small business entities or non-profit organizations - in the amount of twenty, on subjects of medium business - in the amount of thirty, on subjects of big business - in the amount of seventy monthly settlement indicators.

2. The same acts made by the owner, the operator or the third party with use of the official position if these actions do not attract the criminal liability established by the law -

attract penalty on physical persons in the amount of fifty, on officials, small business entities or non-profit organizations - in the amount of seventy five, on subjects of medium business - in the amount of hundred, on subjects of big business - in the amount of two hundred monthly settlement indicators.

3. Non-compliance by the owner, operator or the third party of measures for personal data protection if this act does not contain signs of penal act, -

attracts penalty on physical persons in the amount of fifty, on officials, small business entities or non-profit organizations - in the amount of hundred, on subjects of medium business - in the amount of hundred fifty, on subjects of big business - in the amount of two hundred monthly settlement indicators.

4. The act provided by part three of this Article, which entailed loss, illegal collection and (or) processing of personal data if these acts do not attract the criminal liability established by the law, -

attracts penalty on physical persons in the amount of two hundred, on officials, small business entities or non-profit organizations - in the amount of five hundred, on subjects of medium business - in the amount of seven hundred, on subjects of big business - in the amount of one thousand monthly settlement indicators.

Article 80. Non-compliance with procedure, standards and low-quality delivery of health care

1. No. 208-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 28.12.2018;

2. No. 208-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 28.12.2018;

2-1. Gross violations of standards of the organization of delivery of health care, rules of delivery of health care if these actions do not contain signs of penal act, -

attract penalty on physical persons in the amount of ten, on officials - in the amount of twenty five, on small business entities and non-profit organizations - in the amount of thirty five, on subjects of medium business - in the amount of fifty, on subjects of big business - in the amount of seventy monthly settlement indicators.

2-2. The acts provided by part of 2-1 this Article committed repeatedly within year after imposing of administrative punishment, -

attract penalty on physical persons in the amount of fifteen, on officials - in the amount of thirty monthly settlement indicators with deprivation of the certificate of the specialist in the field of health care or the certificate of manager in the field of health care, on small business entities and non-profit organizations - in the amount of forty, on subjects of medium business - in the amount of sixty, on subjects of big business - in the amount of eighty five monthly settlement indicators, with deprivation of the license or appendix to the license.

3. Non-compliance with procedure, standards of delivery of health care, failure to carry out or inadequate accomplishment of professional obligations by the health worker owing to the negligent or unfair attitude towards them if it entailed causing little harm to health, -

attract penalty on physical persons in the amount of twenty, on officials - in the amount of forty, on small business entities and non-profit organizations - in the amount of fifty, on subjects of medium business - in the amount of seventy five, on subjects of big business - in the amount of hundred monthly settlement indicators.

4. The acts provided by part three of this Article committed repeatedly within year after imposing of administrative punishment, -

attract penalty on physical persons in the amount of forty, on officials - in the amount of eighty, on small business entities and non-profit organizations - in the amount of hundred, on subjects of medium business - in the amount of hundred fifty, on subjects of big business - in the amount of two hundred monthly settlement indicators.

Article 80-1. Hindrance of legal activities of health and (or) pharmaceutical workers

1. Hindrance to implementation of professional activity of health and (or) pharmaceutical workers, and equally illegal intervention in their professional activity, expressed in:

1) the requirement of making of the illegal actions which are not involving criminal liability;

2) involvement of the health and (or) pharmaceutical workers to work types who are not connected with their professional obligations, except as specified, provided by the laws of the Republic of Kazakhstan;

3) reclamation from health and (or) pharmaceutical workers of the reporting or information, not the stipulated by the legislation Republic of Kazakhstan;

4) assignment on health and (or) pharmaceutical workers of obligation on purchase of goods (works) and services, not stipulated by the legislation the Republic of Kazakhstan, -

attract penalty on physical persons in the amount of thirty, on officials - in the amount of fifty, on legal entities - in the amount of hundred monthly settlement indicators.

2. The disrespect for health and (or) pharmaceutical workers in case of execution of the job responsibilities by them expressed in strong language, demonstration of indecent gestures (signs) and objects including with use of mass media or networks of telecommunications, obscene behavior, offensive sticking, -

attracts penalty on physical persons in the amount of thirty monthly settlement indicators or administrative detention for a period of up to ten days.

3. The actions provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attract penalty on physical persons in the amount of fifty, on officials - in the amount of seventy, on legal entities - in the amount of hundred fifty monthly settlement indicators.

4. The actions provided by part two of this Article committed repeatedly within year after imposing of administrative punishment, -

attract administrative detention for a period of up to fifteen days.

5. The actions provided by part four of this Article, made by persons to whom administrative detention according to part two of article 50 of this Code is not applied -

attract penalty in the amount of seventy monthly settlement indicators.

Article 81. Violation by the health worker of rules of issue of leaf or certificate of temporary disability

1. Violation by the health worker of rules of issue of leaf or certificate of temporary disability -

attracts the prevention or penalty on physical persons in the amount of five, on officials - in the amount of ten monthly settlement indicators.

2. The same act made repeatedly within year after imposing of administrative punishment -

attracts penalty on physical persons in the amount of ten monthly settlement indicators with deprivation of the certificate of the specialist in the field of health care or without that, on officials - in the amount of twenty monthly settlement indicators.

Article 82. Violation by the health worker of rules of realization of medicines and requirements for writing out of the recipes established by the legislation of the Republic of Kazakhstan

1. Violation by the health worker of rules of realization of medicines and requirements for writing out of the recipes established by the legislation of the Republic of Kazakhstan -

attracts penalty on physical persons in the amount of five, on officials - in the amount of ten monthly settlement indicators.

2. The same act made repeatedly within year after imposing of administrative punishment -

attracts penalty on physical persons in the amount of ten monthly settlement indicators with deprivation of the certificate of the specialist in the field of health care or without that, on officials - in the amount of twenty monthly settlement indicators.

Article 82-1. Violation of the law of the Republic of Kazakhstan about the minimum social standards and their guarantees

1. The violation of the law of the Republic of Kazakhstan about the minimum social standards and their guarantees expressed in non-execution and (or) failure to provide of the minimum social standards, except as specified, 89 and 91 of this Code provided by Articles 83, of 84, of 87, -

attracts penalty on officials in the amount of twenty, on small business entities or non-profit organizations - in the amount of forty, on subjects of medium business - in the amount of sixty, on subjects of big business - in the amount of hundred monthly settlement indicators.

2. The act provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty on officials in the amount of forty, on small business entities or non-profit organizations - in the amount of sixty, on subjects of medium business - in the amount of eighty, on subjects of big business - in the amount of hundred twenty monthly settlement indicators.

Article 83. Violation of the law of the Republic of Kazakhstan about social protection of disabled people

1. The violation of the law of the Republic of Kazakhstan about social protection of disabled people made in type:

1) failure to provide to disabled people of access to objects of social and transport infrastructure;

2) failure to provide of conditions for access for disabled people to cultural and spectacular actions;

3) non-compliance with obligations by the employer in the field of employment rehabilitation of disabled people from the labor mutilation and (or) occupational disease got because of the employer -

attracts penalty on officials in the amount of fifty, on small business entities or non-profit organizations - in the amount of hundred twenty, on subjects of medium business - in the amount of two hundred, on subjects of big business - in the amount of four hundred monthly settlement indicators.

2. Action (failure to act) provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty on officials in the amount of eighty, on small business entities or non-profit organizations - in the amount of hundred fifty, on subjects of medium business - in the amount of two hundred fifty, on subjects of big business - in the amount of six hundred monthly settlement indicators.

3. Failure to provide of disabled people types of social resettlement according to the individual program of rehabilitation of disabled people -

attracts penalty on officials in the amount of twenty monthly settlement indicators.

Article 84. Violation of the law of the Republic of Kazakhstan about special social services

1. The violation of the law of the Republic of Kazakhstan about special social services made in type:

1) violations of fixed terms of evaluating and determination of need for provision of special social services, decision about provision of the guaranteed amount of special social services;

2) failures to carry out of the decision on provision of the guaranteed amount of special social services, -

attracts penalty on officials in the amount of twenty, on small business entities or non-profit organizations - in the amount of thirty, on subjects of medium business - in the amount of forty, on subjects of big business - in the amount of sixty monthly settlement indicators.

2. The act provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty on officials in the amount of thirty, on small business entities or non-profit organizations - in the amount of forty, on subjects of medium business - in the amount of fifty, on subjects of big business - in the amount of eighty monthly settlement indicators.

Article 85. Disclosure by participants of mediation of the data which became known in the course of carrying out mediation

1. Disclosure by participants of mediation of the data which became known in the course of carrying out mediation without the permission of the party which provided this information if this action does not contain signs of penal act, -

attracts penalty in the amount of twenty monthly settlement indicators.

2. Action (failure to act) provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty in the amount of sixty monthly settlement indicators.

Article 86. The admission to work of person without execution of an employment agreement

1. The admission the employer to work of person without execution of an employment agreement -

attracts penalty on officials in the amount of thirty, on small business entities or non-profit organizations - in the amount of sixty, on subjects of medium business - in the amount of eighty, on subjects of big business - in the amount of hundred fifty monthly settlement indicators.

2. Action (failure to act) provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty on officials in the amount of sixty, on small business entities or non-profit organizations - in the amount of eighty, on subjects of medium business - in the amount of hundred, on subjects of big business - in the amount of two hundred monthly settlement indicators.

3. The action (failure to act) provided by part one of this Article, made concerning minors -

attracts penalty on officials in the amount of fifty, on small business entities or non-profit organizations - in the amount of eighty, on subjects of medium business - in the amount of hundred fifty, on subjects of big business - in the amount of two hundred monthly settlement indicators.

4. Action (failure to act) provided by part three of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty on officials in the amount of seventy, on small business entities or non-profit organizations - in the amount of hundred fifty, on subjects of medium business - in the amount of two hundred, on subjects of big business - in the amount of three hundred monthly settlement indicators.

Article 87. Violation of requirements for compensation

1. Nonpayment of the salary by the employer in full and in terms which are established by the labor law of the Republic of Kazakhstan and not charge and nonpayment of penalty fee for the period of payment delay because of the employer is equal -

attract penalty on officials in the amount of thirty, on small business entities or non-profit organizations - in the amount of sixty, on subjects of medium business - in the amount of hundred, on subjects of big business - in the amount of hundred fifty monthly settlement indicators.

2. The actions provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attract penalty on officials in the amount of sixty, on small business entities or non-profit organizations - in the amount of eighty, on subjects of medium business - in the amount of hundred fifty, on subjects of big business - in the amount of two hundred monthly settlement indicators.

3. Violation of requirements of the labor law of the Republic of Kazakhstan for overtime payment, works in festive and the days off, and also compensation at night -

attracts penalty on officials in the amount of thirty, on small business entities or non-profit organizations - in the amount of sixty, on subjects of medium business - in the amount of eighty, on subjects of big business - in the amount of hundred twenty monthly settlement indicators.

4. The actions provided by part three of this Article committed repeatedly within year after imposing of administrative punishment, -

attract penalty on officials in the amount of sixty, on small business entities or non-profit organizations - in the amount of eighty, on subjects of medium business - in the amount of hundred, on subjects of big business - in the amount of hundred fifty monthly settlement indicators.

Article 88. Failure to provide leaves

Failure to provide paid annual labor leave by the employer or its parts within two years in a row -

attracts penalty on officials in the amount of twenty, on small business entities or non-profit organizations - in the amount of forty, on subjects of medium business - in the amount of sixty, on subjects of big business - in the amount of hundred monthly settlement indicators.

Article 89. Illegal exceeding of regulation of working hours

1. Illegal excess by the employer of the normal and reduced duration of working hours and daily work (working shift) provided by the labor law of the Republic of Kazakhstan -

attracts the prevention.

2. The action provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty on officials in the amount of forty, on small business entities or non-profit organizations - in the amount of sixty, on subjects of medium business - in the amount of eighty, on subjects of big business - in the amount of hundred twenty monthly settlement indicators.

Article 90. Assumption of employment discrimination

1. The assumption the employer of employment discrimination expressed in violation of the right of the worker to equal pay for equal work and also on equal production living conditions -

attracts penalty on officials, small business entities or non-profit organizations - in the amount of thirty, on subjects of medium business - in the amount of sixty, on subjects of big business - in the amount of hundred monthly settlement indicators.

2. The action provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty on officials, small business entities or non-profit organizations in the amount of sixty, on subjects of medium business - in the amount of eighty, on subjects of big business - in the amount of hundred twenty monthly settlement indicators.

3. Placement of the population by jobcenter, private employment agency, and also employer of information on vacancies for employment containing requirements of discrimination nature in the field of work -

attracts penalty on physical persons in the amount of fifteen, on small business entities or non-profit organizations - in the amount of thirty, on subjects of medium business - in the amount of fifty, on subjects of big business - in the amount of hundred monthly settlement indicators.

4. The action provided by part three of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty on physical persons in the amount of thirty, on small business entities or non-profit organizations - in the amount of fifty, on subjects of medium business - in the amount of hundred, on subjects of big business - in the amount of two hundred monthly settlement indicators.

Article 91. Violation of the law of the Republic of Kazakhstan about provision of pensions, and also non-execution of obligations on payment of public welfare payments

1. Violation by the single accumulation pension fund (the Voluntary accumulation pension fund) of the terms established by the legislation of the Republic of Kazakhstan on provision of pensions and (or) procedure, and (or) conditions of implementation of retirement benefits, transfers, and also procedure for the conclusion of pension provision agreements at the expense of voluntary pension contributions -

attracts penalty on legal entities in the amount of four hundred monthly settlement indicators.

2. Non-presentation, untimely submission by the single accumulation pension fund of The Government for Citizens State corporation of information about the investors who joined the pension provision agreement at the expense of compulsory pension contributions, compulsory professional pension contributions, and is equal submission of false information on the specified investors -

attract penalty on the legal entity in the amount of hundred monthly settlement indicators.

3. The acts provided by part two of this Article committed repeatedly within year after imposing of administrative punishment, -

attract penalty on the legal entity in the amount of two hundred monthly settlement indicators.

4. Non-execution of obligations on pension payment and public welfare payments in complete size and (or) fixed terms officials of The Government for Citizens State corporation -

attracts penalty on officials in the amount of thirty monthly settlement indicators.

5. Implementation by the single accumulation pension fund or Voluntary accumulation pension fund of transactions and transactions in violation of the law of the Republic of Kazakhstan about provision of pensions -

attracts penalty on legal entities - in the amount of four hundred monthly settlement indicators.

6. Non-execution or improper execution by physical person, individual entrepreneur, private notary, private legal executive, lawyer, legal entity of obligations, stipulated by the legislation the Republic of Kazakhstan about provision of pensions, made in type:

1) non-presentations in body of state revenues of lists of investors of the single accumulation pension fund for benefit of whom the debt on the compulsory pension contributions compulsory for professional pension contributions is collected;

2) non-presentations in body of state revenues of calculations for the amounts of compulsory pension contributions, compulsory professional pension contributions of the terms established by the legislation of the Republic of Kazakhstan on provision of pensions estimated, withheld (added) and transferred;

3) ignorance of primary accounting of the compulsory pension contributions estimated, withheld (added) and listed, compulsory professional pension contributions on each worker according to the procedure established by the legislation of the Republic of Kazakhstan;

4) non-presentations to investors of data on the compulsory pension contributions estimated, withheld (added) and listed, compulsory professional pension contributions in the terms established by the legislation of the Republic of Kazakhstan on provision of pensions;

5) not transfers, untimely and (or) incomplete calculation, deduction (charge) and (or) payment (transfer) of compulsory pension contributions, compulsory professional pension contributions in the single accumulation pension fund;

6) not terminations of all account transactions on cash desk according to the order of bodies of state revenues in cases, stipulated by the legislation the Republic of Kazakhstan about provision of pensions, -

attracts the prevention.

7. The act provided by part six of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty on physical persons in the amount of ten, on small business entities or non-profit organizations - in the amount of twenty, on subjects of medium business - in the amount of thirty, on subjects of big business - in the amount of fifty percent from the amount not listed, it is untimely and incomplete (listed) compulsory pension contributions estimated, withheld (added) and (or) paid, compulsory professional pension contributions.

8. The non-execution by the banks and organizations performing separate types of banking activities, the obligations established by the legislation of the Republic of Kazakhstan on provision of pensions, made in type:

1) not suspensions of account transactions according to bank accounts of agents - legal entities or individual entrepreneurs, private notaries, private legal executives and lawyers according to the order of bodies of state revenues in cases and procedure, stipulated by the legislation the Republic of Kazakhstan about provision of pensions;

2) not transfer (not transfer), untimely transfer (is later than day of making of transactions on write-off of money from bank accounts or the next day of cash deposit of money in bank or the organization performing separate types of banking activities) or assumption of mistakes when filling details of the payment document because of bank or the organization performing separate types of banking activities in case of transfer in The Government for Citizens State corporation of the amount of compulsory pension contributions, compulsory professional pension contributions and penalty fee;

3) non-executions according to the procedure, established by the legislation of the Republic of Kazakhstan, collection orders of bodies of state revenues on collection of the amounts of compulsory pension contributions, compulsory professional pension contributions and penalty fee, -

attracts penalty in the amount of five percent from the amount of committed account transactions on bank accounts of agents for the period of non-execution of the obligations established by the legislation of the Republic of Kazakhstan on provision of pensions.

9. The announcement or publication by the single accumulation pension fund or Voluntary accumulation pension fund in mass media of the advertizing untrue on the date of publication -

attracts penalty on legal entities in the amount of two hundred monthly settlement indicators.

10. Discrepancy of the investment declaration of the Voluntary accumulation pension fund to requirements, stipulated by the legislation the Republic of Kazakhstan about provision of pensions, to its content -

attracts penalty on legal entities in the amount of hundred monthly settlement indicators.

11. Failure to provide, and equally numerous (two and more times during twelve consecutive calendar months) untimely provision by the single accumulation pension fund or Voluntary accumulation pension fund, founders (shareholders) of the Voluntary accumulation pension fund and (or) its affiliirovanny persons of data or other required information -

attract penalty on physical persons in the amount of hundred, on legal entities - in the amount of two hundred monthly settlement indicators.

12. Provision by the single accumulation pension fund or Voluntary accumulation pension fund, founders (shareholders) of the Voluntary accumulation pension fund and (or) its affiliirovanny persons of doubtful, and equally incomplete reporting, data or other required information -

attracts penalty on physical persons in the amount of hundred, on legal entities - in the amount of two hundred monthly settlement indicators.

Note. For the purposes of parts six and the seventh this Article person is not subject to administrative prosecution if the amount of not listed, it is untimely and incomplete (listed) compulsory pension contributions estimated, withheld (added) and (or) paid, compulsory professional pension contributions constitutes less than one monthly settlement indicator, established according to the law existing for date of identification of administrative offense.

Article 92. Violation of the law of the Republic of Kazakhstan about compulsory social insurance

1. The non-execution or improper execution by officials of the requirements established by the legislation of the Republic of Kazakhstan on compulsory social insurance, made in type:

1) violations of fixed terms and completeness of the amount of the appointed social payments by the state Social Insurance Fund;

2) violations of fixed terms and completeness of the amount of payment of social payments by The Government for Citizens State corporation, -

attracts penalty on officials in the amount of thirty monthly settlement indicators.

2. Non-execution or improper execution by the payer of social assignments of obligations, stipulated by the legislation the Republic of Kazakhstan about compulsory social insurance, made in type:

1) non-presentations in body of state revenues of participant lists of system of compulsory social insurance for benefit of which the debt on social assignments is collected;

2) failure to pay (not transfer), untimely and (or) incomplete payment (transfer) of social assignments;

3) not terminations of all account transactions on cash desk according to the order of bodies of state revenues in cases, stipulated by the legislation the Republic of Kazakhstan about compulsory social insurance, -

attracts the prevention.

3. The acts provided by part two of this Article committed repeatedly within year after imposing of administrative punishment, -

attract penalty on private notaries, private legal executives, lawyers, small business entities or non-profit organizations in the amount of twenty, on subjects of medium business - in the amount of thirty, on subjects of big business - in the amount of fifty percent from the amount unpaid (not listed), it is untimely and incomplete the paid (listed) social assignments.

4. The non-execution by the banks and organizations performing separate types of banking activities, the obligations established by the legislation of the Republic of Kazakhstan on compulsory social insurance, made in type:

1) not terminations of all account transactions according to bank accounts of the payer of social assignments according to the order of bodies of state revenues in cases, stipulated by the legislation the Republic of Kazakhstan about compulsory social insurance;

2) not transfer (not transfer), untimely transfer (is later than day of making of transactions on write-off of money from bank accounts or the next day of cash deposit of money in bank or the organization performing separate types of banking activities) or assumption of mistakes when filling details of the payment document because of bank or the organization performing separate types of banking activities in case of transfer in The Government for Citizens State corporation of the amount of social assignments and penalty fee;

3) non-executions according to the procedure, established by the legislation of the Republic of Kazakhstan, collection orders of bodies of state revenues on collection of the amounts of social assignments and penalty fee, -

attracts penalty in the amount of five percent from the amount of committed account transactions on bank accounts of payers for the period of non-execution of the obligations established by the legislation of the Republic of Kazakhstan on compulsory social insurance.

Note. For the purposes of parts two and third this Article person is not subject to administrative prosecution if the amount of unpaid (not listed), it is untimely and incomplete the paid (listed) social assignments does not exceed the size of one monthly settlement indicator established according to the law existing for date of identification of administrative offense.

Article 92-1. Violation of the law of the Republic of Kazakhstan about compulsory social medical insurance

1. Non-execution or improper execution by the payer of assignments and (or) fees on compulsory social medical insurance of obligations, stipulated by the legislation the Republic of Kazakhstan about compulsory social medical insurance, made in type:

1) non-presentations in bodies of state revenues of lists of payers of assignments and (or) fees on compulsory social medical insurance;

2) failure to pay (not transfer), untimely and (or) incomplete payment (untimely and (or) incomplete transfer) of assignments and (or) fees on compulsory social medical insurance by employers, individual entrepreneurs, private notaries, private legal executives, lawyers, professional mediators -

attracts the prevention.

2. The acts provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attract penalty on private notaries, private legal executives, lawyers, professional mediators, small business entities or non-profit organizations in the amount of twenty, on subjects of medium business - in the amount of thirty, on subjects of big business - in the amount of fifty percent from the amount unpaid (not listed), it is untimely and incomplete the paid (listed) assignments and (or) fees on compulsory social medical insurance.

3. The non-execution by the banks and organizations performing separate types of banking activities, the obligations established by the legislation of the Republic of Kazakhstan on compulsory social medical insurance, made in type:

1) not terminations of all account transactions according to bank accounts of the payer of social assignments according to the order of bodies of state revenues in cases, stipulated by the legislation the Republic of Kazakhstan about compulsory social medical insurance;

2) non-executions according to the procedure, established by the legislation of the Republic of Kazakhstan, collection orders of bodies of state revenues on collection of the amounts of assignments and (or) fees on compulsory social medical insurance and penalty fee, -

attracts penalty in the amount of five percent from the amount of committed account transactions on bank accounts of payers for the period of non-execution of the obligations established by the legislation of the Republic of Kazakhstan on compulsory social medical insurance.

Note. For the purposes of parts one and the second this Article person is not subject to administrative prosecution if the amount of unpaid (not listed), it is untimely and incomplete the paid (listed) assignments and (or) fees on compulsory social medical insurance does not exceed the size of one monthly settlement indicator established according to the law existing for date of identification of administrative offense.

Article 93. Abuse of regulations of safety and labor protection

1. Absence of service (specialist) of safety and labor protection in the production organizations according to the requirement of the labor law of the Republic of Kazakhstan -

attracts the prevention.

2. Violation by the employer of requirements for performing obligatory and periodic medical examinations and prereplaceable medical examination of workers according to the requirement of the labor law of the Republic of Kazakhstan -

attracts the prevention.

3. Failure to provide of workers treatment-and-prophylactic food, means of individual and collective protection according to the requirement of the labor law of the Republic of Kazakhstan -

attracts the prevention.

4. Non-execution of requirements of the labor law of the Republic of Kazakhstan by the employer for carrying out training, examinations on safety issues and labor protections of the workers, heads and persons responsible for safety and labor protections, -

attracts the prevention.

5. The actions provided by parts one, the second, third, fourth this Article, made repeatedly within year after the prevention -

attract penalty on small business entities or non-profit organizations in the amount of twenty, on subjects of medium business - in the amount of thirty, on subjects of big business - in the amount of hundred twenty monthly settlement indicators.

6. Non-execution of requirements of the labor law of the Republic of Kazakhstan by the employer for carrying out instructing (except induction) and lack of documents on safety and labor protections -

attract penalty on small business entities or non-profit organizations in the amount of twenty, on subjects of medium business - in the amount of thirty, on subjects of big business - in the amount of eighty monthly settlement indicators.

7. The acts provided by part six of this Article committed repeatedly within year after imposing of administrative punishment, -

attract penalty on small business entities or non-profit organizations in the amount of forty, on subjects of medium business - in the amount of sixty, on subjects of big business - in the amount of hundred twenty monthly settlement indicators.

Article 94. Violation of requirements of the legislation for carrying out certification of production facilities under the terms of work

Violation by the employer of requirements of the legislation for carrying out certification of production facilities for condition of the working conditions established by the labor law of the Republic of Kazakhstan -

attracts the prevention or penalty on small business entities or non-profit organizations in the amount of twenty, on subjects of medium business - in the amount of thirty five, on subjects of big business - in the amount of fifty monthly settlement indicators.

2. It is excluded according to the Law of the Republic of Kazakhstan of 28.12.2017 No. 127-VI ZRK

Article 95. Failure to provide of investigation of the accidents connected with labor activity

1. Failure to provide of investigation of the accidents connected with labor activity according to the requirement of the labor law of the Republic of Kazakhstan -

attracts penalty on small business entities or non-profit organizations in the amount of thirty five, on subjects of medium business - in the amount of seventy, on subjects of big business - in the amount of hundred forty monthly settlement indicators.

2. The action provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty on small business entities or non-profit organizations in the amount of seventy, on subjects of medium business - in the amount of hundred forty, on subjects of big business - in the amount of two hundred eighty monthly settlement indicators.

Article 96. Not message on the fact of the accident connected with labor activity

1. Not message on the fact of the accident connected with labor activity -

attracts penalty on small business entities or non-profit organizations in the amount of seventy, on subjects of medium business - in the amount of hundred five, on subjects of big business - in the amount of hundred forty monthly settlement indicators.

2. Action (failure to act) provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty on small business entities or non-profit organizations in the amount of hundred forty, on subjects of medium business - in the amount of two hundred ten, on subjects of big business - in the amount of two hundred eighty monthly settlement indicators.

Article 97. Violation of requirements of the legislation for the conclusion of the collective agreement, agreement

1. Evasion from participation in negotiations on the conclusion, change or amendment of the collective agreement, the agreement or violation of terms of carrying out the specified negotiations, failure to provide of work of the relevant commission in the terms determined by the parties -

attract penalty on persons authorized on negotiating in the amount of four hundred monthly settlement indicators.

2. Unreasonable refusal of the conclusion of the collective agreement, agreement -

attracts penalty on persons, representatives to sign the collective agreement, the agreement, in the amount of four hundred monthly settlement indicators.

3. Failure to carry out or violation of the obligation according to the collective agreement, the agreement -

attracts penalty on persons guilty of default on obligations of the collective agreement, the agreement, in the amount of four hundred monthly settlement indicators.

4. Failure to provide information necessary for carrying out collective bargainings and control of accomplishment of collective agreements, agreements, -

attracts penalty on persons guilty of failure to provide information, in the amount of eighty monthly settlement indicators.

Article 98. Violation of the law of the Republic of Kazakhstan about employment of the population

1. The violation by the employer of the legislation of the Republic of Kazakhstan on employment of the population made in type:

1) failure to provide in full and (or) at the scheduled time to jobcenter of the population of information on the forthcoming release of workers in connection with liquidation of the employer - the legal entity or the termination of activities of the employer - physical person, reducing number or the state, the decrease in amount of productions and the performed works and services which entailed deterioration in economic condition of the employer;

2) not directions, untimely direction to jobcenter of the population of data on availability of vacancies;

3) non-presentations, the untimely notice on employment or refusal in employment;

4) failures to carry out of the established quota of workplaces for disabled people, persons staying on the registry of service of probation and also persons exempted from places of detention and the citizens from among youth who lost or left before age of majority without care of the parents who are graduates of the organizations of education;

5)  No. 147-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 16.04.2018;

attracts the prevention.

2. Action (failure to act) provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty on officials, small business entities or non-profit organizations in the amount of five, on subjects of medium business - in the amount of seven, on subjects of big business - in the amount of ten monthly settlement indicators.

3. Not conclusion private employment agency of the contract with person who addressed for receipt of services in labor mediation, -

attracts the prevention.

4. Action (failure to act) provided by part three of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty in the amount of ten monthly settlement indicators.

5. Non-presentation by private employment agencies, and also the employers who got permissions to attraction of foreign labor power or for which the foreign workers who got permissions to employment, primary statistical data work -

attracts the prevention.

6. Action (failure to act) provided by part five of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty in the amount of ten monthly settlement indicators.

Article 99. Violation of the law of the Republic of Kazakhstan about public service

1. Violation of the procedure of competitive selection on occupation of vacant managerial state position -

attracts penalty on officials in the amount of fifteen monthly settlement indicators.

2. Illegal release of persons from managerial state positions -

attracts penalty on officials in the amount of thirty monthly settlement indicators.

Article 100. The address to harm to physical person or legal entity of the complaint made to them

The circulation of the claim to the detriment of the physical person or legal entity which made reasonable complaint or for the benefit of which it was given, -

attracts penalty on officials in the amount of ten monthly settlement indicators.

Chapter 11. The administrative offenses encroaching on the voting rights (the participation right in republican referendum)

Article 101. Non-presentation of the electoral commission (commission of republican referendum) by officials of necessary data and materials or failure to carry out of decisions of the commission

Non-presentation of the electoral commission (the commission of republican referendum) by officials of data and materials about availability or absence which is not extinguished or not removed in the procedure for criminal record of the candidate established by the law; about guilt in making of corruption crime and offense of the candidate recognized by court in the procedure established by the law; about nationality of the candidate; about reliability of data on the income and property declared by the candidate or his (her) spouse (spouse); about electoral registers on each polling precinct or failure to carry out of the decision of the commission made within its powers by them -

attracts penalty in the amount of twenty monthly settlement indicators.

Article 102. Carrying out election propaganda during its prohibition

Carrying out election propaganda before the termination of term of registration of the candidate, the party list pushed by political party in the election day or the day preceding them, and also carrying out propaganda in day of holding republican referendum or the day preceding it -

attract penalty on physical persons in the amount of fifteen, on small business entities or non-profit organizations - in the amount of twenty, on subjects of medium business - in the amount of twenty five, on subjects of big business - in the amount of thirty five monthly settlement indicators.

Article 103. Hindrance to the right to carry on election propaganda

Hindrance to candidates for president, in deputies or on other elective offices, to their authorized representatives, political parties in implementation process of the right to carry on election propaganda by them -

attracts penalty on physical persons in the amount of twenty, on officials, small business entities or non-profit organizations - in the amount of thirty, on subjects of medium business - in the amount of forty, on subjects of big business - in the amount of fifty monthly settlement indicators.

Article 104. Distribution of obviously false information about candidates, political parties

Distribution of obviously false information about candidates, political parties or making of other actions discrediting their honor, advantage and goodwill for the purpose of influence on the result of elections -

attracts penalty on physical persons in the amount of twenty, on officials, small business entities or non-profit organizations - in the amount of thirty, on subjects of medium business - in the amount of forty, on subjects of big business - in the amount of fifty monthly settlement indicators.

Article 105. Violation of the rights of the member of the electoral commission (commission of republican referendum)

Violation of the rights of the member of the electoral commission (the commission of republican referendum) to speak at meeting of the electoral commission, to make offers on the questions entering competence of the relevant electoral commission and to require carrying out on them vote, to get acquainted with documents and materials of the electoral commission in which it consists, to receive the certified their copies, to perform check of activities of subordinate electoral commission -

attracts penalty in the amount of thirty five monthly settlement indicators.

Article 106. Violation of the right of citizens to acquaintance with the electoral register

Violation by the member of the electoral commission (the commission of republican referendum) of the right of citizens to acquaintance with the electoral register (electors, the list of persons having the right to participate in republican referendum) or not consideration in day of receipt of the statement in the electoral commission, or refusal to issue to the citizen the copy of the decision in writing with statement of motives of variation of the statement for entering of correction into the electoral register (electors, the list of persons having the right to participate in republican referendum), or non-execution of the judgment about correction of the electoral register (electors, the list of persons having the right to participate in republican referendum) in immediate procedure -

attracts the prevention or penalty in the amount of thirty monthly settlement indicators.

Article 107. Submission of incorrect information about voters for creation of electoral registers (the citizens having the right to participate in republican referendum)

1. Representation by officials to local executive bodies of incorrect information about voters (the citizens having the right to participate in republican referendum) for creation of electoral registers (the citizens having the right to participate in referendum) -

attracts penalty in the amount of twenty five monthly settlement indicators.

2. Submission of doubtful electoral registers (the citizens having the right to participate in republican referendum) by officials of local executive bodies to the relevant electoral commission -

attracts penalty in the amount of thirty monthly settlement indicators.

Article 108. Violation of the requirement about equal suffrage

Violation of the requirement about equal suffrage by vote two or more times or for other voter -

attracts penalty in the amount of twenty five monthly settlement indicators.

Article 109. Implementation by foreigners, stateless persons, foreign legal entities and the international organizations of the activities interfering and (or) promoting promotion and election of candidates, the political parties which pushed the party list, to achievement of certain result on elections

Implementation by foreigners, stateless persons, foreign legal entities and the international organizations of the activities interfering and (or) promoting promotion and election of candidates, the political parties which pushed the party list, to achievement of certain result on elections -

attracts penalty on physical persons in the amount of thirty monthly settlement indicators with administrative expulsion out of limits of the Republic of Kazakhstan or without that, on legal entities - in the amount of one thousand monthly settlement indicators.

Article 110. Issue to citizens of ballots (voting bulletins) for the purpose of provision of possibility of vote by it for other persons

Issue by the member of the electoral commission (the commission of republican referendum) to citizens of ballots (voting bulletins) for the purpose of provision of possibility of vote by him for other persons -

attracts penalty in the amount of twenty five monthly settlement indicators.

Article 111. Refusal of the employer in provision of leave for participation in elections (republican referendum)

Refusal of the employer to provide to the registered candidate or on other elective office or to the member of the electoral commission the leave provided by legal acts for participation in preparation and elections to public authorities, managements and in local government bodies (republican referendum) -

attracts penalty in the amount of thirty monthly settlement indicators.

Article 112. Violation of conditions of carrying out election propaganda through mass media

1. The non-objective covering of elective campaign of candidates by mass media, political parties expressed in misstatement of the purposes, tasks and results of pre-election actions, and also events and the related facts -

attracts penalty on physical persons in the amount of twenty, on officials - in the amount of thirty, on legal entities - in the amount of fifty monthly settlement indicators.

2. The publication mass media of the propaganda materials and other information which are obviously discrediting honor, advantage and goodwill of the candidate or political party, and also refusal in provision to specified persons of possibility of free publication of confutation in protection of honor, advantage and goodwill -

attract penalty on physical persons in the amount of twenty, on officials - in the amount of thirty, on legal entities - in the amount of fifty monthly settlement indicators.

3. Interruption and commenting of performances of candidates on television and on radio right after the performance, and also in printing editions in the same number -

attract penalty of physical persons in the amount of twenty, officials - in the amount of thirty, on legal entities - in the amount of fifty monthly settlement indicators.

4. Violation by mass media of requirements about distribution of information on actions for promotion of all candidates and party lists, their registration by the electoral commissions in equal amounts of the printing area, broadcasting time -

attracts penalty on physical persons in the amount of twenty, officials - in the amount of thirty, on legal entities - in the amount of fifty monthly settlement indicators.

5. Publication or release in ether of propaganda materials of candidates, the political parties participating in elections by mass media which no later than five days prior to carrying out election propaganda did not announce and did not publish, and also did not provide to the electoral commission of the data on the amount of payment, conditions and procedure for provision of ether and the printing area, -

attracts penalty on officials in the amount of thirty, on legal entities - in the amount of fifty monthly settlement indicators.

6. Refusal of mass media in allocation of broadcasting time, the printing area to one of candidates, the political party which pushed the party list if to other candidate, the political party which pushed the party list, by the same mass media it was agreed to allocation of broadcasting time, the printing area, -

attracts penalty on officials in the amount of thirty, on legal entities - in the amount of fifty monthly settlement indicators.

7. Violation of priority of performance of the candidates and political parties which pushed party lists, in mass media, established on first come the written addresses or on lot if addresses arrived at the same time, -

attracts penalty on officials in the amount of thirty, on legal entities - in the amount of fifty monthly settlement indicators.

8. Creation of benefit to this or that candidate, the political party which pushed the party list, terms of the contract about provision to candidates and the political parties which pushed party lists, broadcasting time, the printing area in mass media -

attracts penalty on officials in the amount of thirty, on legal entities - in the amount of fifty monthly settlement indicators.

Article 113. Production or distribution of anonymous propaganda materials

Production or distribution to the period of preparation and elections to public authorities and local government bodies (republican referendum) of the propaganda printed and electronic materials which are not containing information on the organizations, released these materials, the place of their printing, circulation, persons who made the order and from what means it is paid, and also production of propaganda printed materials outside the territory of the Republic of Kazakhstan, distribution of anonymous propaganda materials -

attract penalty in the amount of twenty five monthly settlement indicators.

Article 114. Intentional destruction, damage of propaganda materials

Intentional extermination, damage of propaganda materials of candidates or on other elective office, hung out with the consent of the owner or other owner on buildings, constructions and other objects, -

attract penalty in the amount of fifteen monthly settlement indicators.

Article 115. Non-presentation or neopublishing of reports on expenditure of funds for preparation and elections (republican referendum)

Non-presentation by the candidate, person elected the deputy or to other elective office or political party of data on the amount of receipts (donations) in the election funds and about sources of creation of the election funds, and also the report on use of means of the election fund -

attracts penalty on the candidate, person elected the deputy or to other elective office in the amount of fifteen, on the legal entity - in the amount of fifty five monthly settlement indicators.

Article 116. Financing of the election campaign or rendering other financial support, in addition to the election funds

Rendering financial or other financial support, and also the charitable help given by charitable organizations and associations to candidates, the political parties which pushed party lists in addition to their election funds -

attracts penalty on physical persons in the amount of twenty five, on small business entities or non-profit organizations - in the amount of thirty, on subjects of medium business - in the amount of forty, on subjects of big business - in the amount of fifty monthly settlement indicators.

Article 117. Acceptance of donations by the candidate for elective state office or political party from foreign states, the organizations, foreigners and stateless persons

Acceptance by the candidate or on other elective state office or political party of donations in any form from the foreign state, the international organization or the international public association, foreign state bodies, foreigners and legal entities created according to the legislation of other state, and also stateless persons -

attracts penalty on the candidate or on other elective office in the amount of fifty, on the legal entity - in the amount of hundred monthly settlement indicators, with confiscation of objects of donation.

Article 118. Rendering services by physical persons and legal entities to candidates, political parties without their written consent

Rendering services by physical persons and legal entities to candidates, political parties in connection with their pre-election activities without their written consent -

attracts penalty on physical persons in the amount of twenty, on small business entities or non-profit organizations - in the amount of thirty, on subjects of medium business - in the amount of forty, on subjects of big business - in the amount of fifty monthly settlement indicators.

Article 119. Non-presentation or neopublishing of data on results of vote or about election results (republican referendum)

1. Non-presentation by the chairman of the precinct election commission for acquaintance to the authorized representative of the candidate, the representative of mass media, the observer of data on the results of vote obligatory for representation according to the legislation of the Republic, -

attracts penalty in the amount of ten monthly settlement indicators.

2. It is excluded according to the Law of the Republic of Kazakhstan of 29.06.2018 No. 163-VI ZRK.

3. The act provided by part one of this Article, made by the chairman of territorial election commission and also violation of terms of publication by it or incomplete publication by the established electoral laws (the legislation on republican referendum) of data on vote results on elections (republican referendum) -

attract penalty in the amount of fifteen monthly settlement indicators.

4. The acts provided by parts one and third this Article, made by the Chairman of Central Election Commission of the Republic of Kazakhstan -

attract penalty in the amount of twenty five monthly settlement indicators.

Article 120. Violation of conditions of holding the poll connected with elections

1. Violation by mass media of procedure for publications of survey results of public opinion, forecasts of election results, other researches connected with elections namely not specifying of the legal entity conducting survey, the persons which ordered poll and who paid it, time of holding poll, method of information collection, accurate information of question, number of respondents and coefficient of error of survey results -

attracts penalty on physical persons in the amount of fifteen, on legal entities - in the amount of thirty monthly settlement indicators.

2. Publication in mass media of survey results of public opinion, forecasts of election results, other researches connected with elections, votes in support of candidates or political parties on the Internet within five days till ballot day and in ballot day, and also holding poll in the election day in the room or Item for vote -

attract penalty on physical persons in the amount of ten, on legal entities - in the amount of twenty five monthly settlement indicators.

3. Holding poll without observance of requirements of the elective legislation of the Republic of Kazakhstan -

attracts penalty on physical persons in the amount of fifteen, on legal entities - in the amount of thirty monthly settlement indicators.

Article 121. Modification of electoral registers (electors) after the beginning of counting of votes

Modification of electoral registers (electors) after the beginning of counting of votes -

attracts penalty in the amount of twenty monthly settlement indicators.

Article 122. Violation of conditions of carrying out election propaganda

1. Carrying out by state bodies, local government bodies, and also their officials on duty, military personnel of Armed Forces of the Republic of Kazakhstan, other troops and military forming of the Republic of Kazakhstan, employees of bodies of homeland security, law enforcement agencies, judges, members of the electoral commissions, religious associations of election propaganda, and also distribution by specified persons of any propaganda pre-election materials -

attract penalty on physical persons in the amount of twenty, on officials - in the amount of thirty monthly settlement indicators.

2. Carrying out the election propaganda accompanied with provision to voters free of charge or on favorable terms goods, services, securities and also carrying out lotteries, charity events, payment or the promise of provision of those, -

attracts penalty in the amount of twenty monthly settlement indicators.

3. Participation of journalists, officials of editorial offices of the mass media registered by candidates or their authorized representatives according to elections through mass media -

attracts penalty in the amount of twenty monthly settlement indicators.

Article 123. Violation of conditions of provision to candidates of rooms for meetings with voters

Refusal of officials of local executive bodies and self-government institutions in provision on contractual basis to one of candidates, the political party which pushed the party list, rooms for meetings with voters if to other candidate, the political party which pushed the party list it was agreed, -

attracts penalty in the amount of thirty monthly settlement indicators.

Article 124. Placement of propaganda materials

Placement of propaganda materials on the monuments, obelisks, buildings and constructions having historical, cultural or architectural value, and also indoors for vote -

attracts penalty in the amount of twenty five monthly settlement indicators.

Article 125. Violation of procedure for expenditure of the funds allocated from the republican budget for carrying out election propaganda

Inappropriate expenditure candidates or on other elective office of the funds allocated from the republican budget for carrying out election propaganda -

attracts penalty in the amount of five monthly settlement indicators.

Article 126. Hindrance of legal activities of authorized representatives of candidates, political parties, representatives of mass media and observers on elections

1. Hindrance to the right of authorized representatives of candidates, political parties, observers of political parties, other public associations, non-profit organizations of the Republic of Kazakhstan, representatives of mass media on presence at meetings of the electoral commission or presence on the polling precinct in ballot day from the moment of its opening and before establishment of results of vote in case of counting of votes, or observation of voting process, the procedure of counting of votes and registration of results of vote on the polling precinct, in Item for vote, or presence during the opening and installation of the equipment of electronic electoral system, and also when checking its work in cases when such right is provided by the law, -

attracts penalty in the amount of thirty five monthly settlement indicators.

2. Hindrance to the right of authorized representatives of candidates, political parties, observers of political parties, other public associations, non-profit organizations of the Republic of Kazakhstan to escort of members of the electoral commission for the organization of vote out of the room for vote or presence when carrying out vote of voters out of the room for vote, or implementation photo, audio-and videos, or observation of procedures of transfer of protocols on results of vote to higher electoral commissions, or refusal in receipt of information on the number of the voters who took part in vote, including in vote out of the room or appeal of decisions, actions (failure to act) of the relevant electoral commission and (or) its members in cases when such right is provided by the law, -

attracts penalty in the amount of thirty five monthly settlement indicators.

3. Refusal to authorized representatives of candidates, political parties in repeated counting of votes in cases when such right is provided by the law, -

attracts penalty in the amount of thirty five monthly settlement indicators.

4. Hindrance to the right of observers of foreign states and the international organizations, representatives of foreign mass media to presence at all stages of the electoral process or obtaining in the electoral commissions of information on the course of the election campaign, or access to the polling precincts during vote and counting of votes, or meeting with participants of the electoral process, either making public statements, or observation of procedures of transfer of protocols on results of vote to higher electoral commissions in cases when such right is provided by the law, -

attracts penalty in the amount of thirty five monthly settlement indicators.

Chapter 12. The administrative offenses encroaching on the rights of minors

Article 127. Non-execution of obligations on education and (or) education, protection of the rights and interests of the minor

1. Non-execution by parents or other legal representatives of obligations on education and (or) education, protection of the rights and (or) interests of minor children, and also on care of them and content -

attracts penalty in the amount of ten monthly settlement indicators.

2. The act provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty in the amount of fifteen monthly settlement indicators or administrative detention for a period of up to five days.

3. The act provided by part one of this Article, made by the parent or the other person to who these obligations are assigned and is equal the teacher or other employee of the organization of education, health care or other organization to whom obligations on education and (or) education, the entailed use by the minor of alcoholic beverages, drugs, psychotropic substances, their analogs or occupation by vagrancy or begging, or making by it of the intentional act containing signs of criminal or administrative offense are assigned -

attracts penalty in the amount of twenty monthly settlement indicators or administrative detention for a period of up to ten days.

Article 127-1. Not message on the illegal acts made by minors or concerning minors

1. Not message employees of the organizations of education, health care, social protection of the population in law enforcement agencies about the facts of making by minors or concerning them the actions (failure to act) containing signs of criminal or administrative offense in the organizations of education, health care, social protection of the population, and also about the facts which became to them known in connection with professional activity out of the organizations of education, health care, social protection of the population if these acts do not contain signs of criminal punishable offense, stipulated in Article 434 Criminal Codes of Kazakhstan, -

attracts penalty on physical persons in the amount of five, on officials - in the amount of ten monthly settlement indicators.

2. The same act made repeatedly within year after imposing of the administrative punishment provided by part one of this Article -

attracts penalty on physical persons in the amount of twenty, on officials - in the amount of thirty monthly settlement indicators.

Article 128. Involvement of the minor in making of administrative offense

1. Involvement of the minor in making of administrative offense, except for the acts provided by part two of this Article -

attracts penalty in the amount of fifty monthly settlement indicators.

2. Involvement of the minor in the meetings, meetings, processions, demonstrations and other forms of expression of public, group or private interests and protest which are carried out to violation of the law of the Republic of Kazakhstan, and is equal use of the minor in the specified forms of expression of public, group or private interests and protest -

attract penalty in the amount of hundred monthly settlement indicators or administrative detention for a period of up to ten days.

Article 129. Failure to carry out by officials of local executive bodies and (or) legal representatives of the child of obligation on registration of orphan children, the children without parental support needing the dwelling

1. Failure to carry out by officials of local executive bodies and (or) legal representatives of the child of obligation on registration of orphan children, the children without parental support needing the dwelling, and equally in registration with violation of fixed term -

attract penalty in the amount of hundred monthly settlement indicators.

2. The acts provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attract penalty in the amount of two hundred monthly settlement indicators.

Article 130. Failure to carry out by officials of local executive bodies and (or) legal representatives of the child of obligation on safety of the dwelling of orphan children, children without parental support

1. Failure to carry out by officials of local executive bodies and (or) legal representatives of the child of obligation on safety of the dwelling of orphan children, children without parental support, -

attracts penalty in the amount of hundred fifty monthly settlement indicators.

2. The act provided by part one of this Article committed repeatedly within year after imposing of administrative punishment, -

attracts penalty in the amount of two hundred monthly settlement indicators.

Article 131. Bringing minor to state of intoxication

Bringing the minor to state of intoxication -

attracts penalty in the amount of twenty monthly settlement indicators or administrative detention for a period of up to five days.

Article 132. Assumption of finding of minors in entertaining institutions at night

1. Assumption of finding of minors in entertaining institutions without legal representatives at night (from 22 to 6 o'clock in the morning) -

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