ORDER OF THE CHAIRMAN OF COMMITTEE OF TRANSPORT CONTROL OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS OF THE REPUBLIC OF KAZAKHSTAN

of February 23, 2004 No. 13-2-P

About approval of the Instruction for proceedings about administrative offenses Committee of transport control of the Ministry of Transport and Communications of the Republic of Kazakhstan and its territorial authorities

For the purpose of streamlining and reduction of proceedings on the administrative offenses carried to competence of Committee of transport control of the Ministry of Transport and Communications of the Republic of Kazakhstan in compliance with the Code of the Republic of Kazakhstan "About administrative offenses", I order:

1. Approve the enclosed Instruction for proceedings about administrative offenses by Committee of transport control of the Ministry of Transport and Communications of the Republic of Kazakhstan and its territorial authorities.

2. Declare invalid the order of the Chairman of Committee of transport control of the Ministry of Transport and Communications of the Republic of Kazakhstan of May 15, 2001 of N 38-p "About approval of the Instruction for proceedings about administrative offenses by Committee of transport control of the Ministry of Transport and Communications of the Republic of Kazakhstan and its territorial authorities" (registered in the Ministry of Justice of the Republic of Kazakhstan on July 25, 2001 for N 1584).

3. To management of normative legal support and analysis of Committee of transport control of the Ministry of Transport and Communications of the Republic of Kazakhstan (Dzhumashev E. E.) in the procedure established by the legislation to provide this order on state registration to the Ministry of Justice of the Republic of Kazakhstan.

4. To impose control of execution of this order on the vice-chairman of Committee of transport control Eszhanov K. B.

5. This order becomes effective from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan.

Approved by the order of the Chairman of Committee of transport control of the Ministry of Transport and Communications of the Republic of Kazakhstan "About approval of the Instruction for proceedings about administrative offenses by Committee of transport control of the Ministry of Transport and Communications of the Republic of Kazakhstan and its territorial authorities" of February 23, 2004 No. 13-2-P

The instruction for proceedings about administrative offenses Committee of transport control of the Ministry of Transport and Communications of the Republic of Kazakhstan and its territorial authorities

1. General provisions

1. The instruction for proceedings about administrative offenses (further - the Instruction) regulates activities of service employees of Committee of transport control of the Ministry of Transport and Communications of the Republic of Kazakhstan and its territorial authorities for identification and hearing of cases about administrative offenses, production organization of cases on administrative offenses, terms of their consideration, execution, appeal, and also the organization of clerical work and control of justification of the made decision.

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

3. Tasks of Committee of transport control of the Ministry of Transport and Communications of the Republic of Kazakhstan and its territorial authorities (further - bodies of transport control) productions on cases on administrative offenses, are timely, comprehensive, complete and objective clarification of circumstances of each case, permission it according to the Code, ensuring execution of the issued decrees, and also identification of the reasons and conditions promoting making of administrative offenses, the prevention and suppression of administrative offenses.

4. Production on cases on administrative offenses in bodies of transport control is conducted in state language, and in need of production on an equal basis with state Russian or other languages is used.

5. Service employees of bodies of transport control, authorized to consider cases on administrative offenses, determine the resolution by form according to Appendix 10 to this Instruction production language on case in point.

6. When implementing administrative production by service employees of bodies of transport control of the reference in documentation on administrative production shall be made only on Code regulations.

2. Administrative offense and administrative responsibility

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

8. The offenses provided by the Code belong to the administrative offenses revealed by service employees of bodies of transport control.

9. Are subject to the administrative responsibility:

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

2) legal entity.

The foreigners, foreign legal entities and persons without citizenship who made administrative offenses in the territory of the Republic of Kazakhstan are subject to the administrative responsibility in accordance with general practice.

10. Service employees of bodies of transport control who are granted the right to impose administrative punishments can instead of imposing of administrative punishments on the military personnel and on the citizens who are on military charges, prosecutors, faces of the private and the commanding structure of law-enforcement bodies, the staff of financial police and customs authorities to transfer materials about offenses to relevant organs for the solution of question of involvement of guilty persons to disciplinary responsibility.

Workers of rail, sea, river transport on whom operation of charters expatiates on discipline bear according to these charters disciplinary responsibility for making by them on duty the following administrative offenses:

workers of rail transport - the violations provided by Articles 439, of 440, of 441, Article part one 477, Articles 479, 480 Codes;

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