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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of December 30, 2014 No. 398

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

(as amended on 10-07-2018)

Being guided by the subitem 3) of Item 2 of article 7 of the Law of the Republic of Kazakhstan "About judicial authorities", I ORDER:

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

2. Provide in the procedure established by the legislation:

1) state registration of this order;

2) the direction of this order on official publication in mass media within ten calendar days after its state registration.

3. This order becomes effective after day of its first official publication.

Minister

B. Imashev

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of December 30, 2014 No. 398

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

1. General provisions

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

2. This Instruction for proceedings about administrative offenses by judicial authorities of the Republic of Kazakhstan (further - the Instruction) disaggregates the activities of judicial authorities enshrined in the current legislation for administrative production, execution, contest of proceeding decisions and appeal of legal proceedings, and also the organizations of the corresponding clerical work.

3. The instruction is developed according to the Code of the Republic of Kazakhstan of July 5, 2014 "About administrative offenses" (further - the Code).

Regarding not settled this Instruction it is necessary to be guided by Code regulations.

4. Protocols on administrative offenses are constituted by the officials of judicial authorities authorized on that:

on the cases on administrative offenses considered by courts (Articles 158, 214, 462, 467, 668 Codes);

on cases on administrative offenses which consideration is referred to maintaining judicial authorities (Article 230 (part two) (when these violations are made by private notaries), 457, 459, 460, 466, 468, 491, 670, 671, 672 Codes).

5. 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.

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

6. 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.

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