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THE CODE OF THE KYRGYZ REPUBLIC ABOUT VIOLATIONS

of April 13, 2017 No. 58

(as amended on 03-04-2020)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on March 2, 2017

General Part

Section I. Legislation on violations

Chapter 1. General provisions

Article 1. Legislation on violations

1. The legislation of the Kyrgyz Republic on violations consists of of this Code.

2. This Code is based on the Constitution of the Kyrgyz Republic, international treaties which participant is the Kyrgyz Republic.

Article 2. Task of this Code

1. Task of this Code is legal support of protection of the rights, freedoms and interests of the personality, interests of legal entities, public and state interests, procedure for public management from illegal encroachments.

2. For implementation of the specified task this Code establishes the principles and the bases of responsibility for making of violations, determines what acts are violations, establishes types of penalties and additional consequence in law for their making.

Chapter 2. Operation of the legislation on violations

Article 3. Action of this Code in time

1. Person who made violation is subject to responsibility on the basis and according to the procedure, determined by provisions of this Code which were effective during its making.

2. The provisions of this Code establishing or strengthening responsibility or otherwise the faces worsening legal status, who made violation have no retroactive effect.

3. The provisions of this Code canceling or mitigating responsibility or otherwise the faces improving legal status, who made violation have retroactive effect.

4. In case of collisions between provisions of this Code and other regulatory legal acts relevant provisions of this Code are applied.

Article 4. Action of this Code in space

1. This Code determines responsibility for the violations made in the territory of the Kyrgyz Republic.

2. Violation is recognized committed in the territory of the Kyrgyz Republic if it was begun, ended or stopped in its territory.

Article 5. Action of this Code around persons

1. Physical persons and legal entities are subject to responsibility for making of violation.

2. In case of making in the territory of the Kyrgyz Republic of violations by diplomatic representatives of foreign states and other persons who are immune according to international treaties which participant is the Kyrgyz Republic issue of their responsibility it is resolved according to rules of international law.

Chapter 3. Principles of responsibility for violations

Article 6. Principles of responsibility for violations

1. Responsibility for making of violation is based on the principles of legality, equality before the law, presumption of innocence, inevitability of responsibility for violation, justice, individualization of collection, humanity.

2. Non-compliance with the principles of responsibility for violations depending on their nature, is the basis for recognition of inadmissibility of proofs or cancellation of the made decision.

Article 7. Principle of legality

1. Violation, collection and additional consequence in law are determined by this Code.

2. Persons are subject to accountability for the abuses of regulations provided by this Code, requirements, the modes, limits, procedures, standard rates, regulations, standards, technologies, terms, restrictions which are set only based on the law.

3. Application of the legislation on violations by analogy is forbidden.

4. Accountability for making of violation is performed by authorized bodies on the basis and within their powers established by this Code and other laws.

Article 8. Principle of equality before the law

1. The physical persons who made violation are equal before the law and races, language, disability, ethnic origin, religion, political or other convictions, education, origin, property or other status, and also other circumstances are subject to accountability irrespective of floor.

2. The legal entities who made violation are equal before the law and locations, form of business, subordination and other characteristics are subject to accountability irrespective of pattern of ownership.

3. Do not break the principle of equality before the law of provision of this Code which establish different types and the amount of penalties for physical persons and legal entities.

Article 9. Presumption of innocence

Person is considered innocent in making of violation and collection cannot be applied to it until the fact of making of violation by it is proved in the procedure determined by the law and is established by the decision of authorized body.

Article 10. Principle of inevitability of responsibility for violation

1. Each person who made violation is subject to responsibility according to this Code.

2. Release from application of collection is allowed only in cases and on the bases provided by this Code.

Article 11. Concept of justice

1. The collection applied to person based on of this Code shall correspond to nature of committed violation and circumstances of its making.

2. Accountability twice for the same violation is not allowed.

Article 12. Principle of individualization of collection

The authorized body shall consider the type and the extent of damage suffered, circumstances mitigating and aggravating collection and to motivate the chosen collection in the decision.

Article 13. Principle of humanity

1. The collection applied to physical person based on of this Code does not aim at causing physical sufferings and humiliation of human dignity.

2. The collection applied to the legal entity based on of this Code does not aim to cause damage to its goodwill.

Section II. Violation

Chapter 4. Concept of violation. Subject of violation and its wine

Article 14. Concept of violation and its subject

1. Violation the illegal, guilty act (action or failure to act) made by physical person or legal entity against procedure for public management for which this Code provides responsibility is recognized.

2. Responsibility for the violations provided by this Code comes if these acts do not attract responsibility according to the Criminal code of the Kyrgyz Republic and the Code of the Kyrgyz Republic about offenses.

3. Subjects of violation are physical persons and legal entities.

Article 15. The physical persons which are subject to responsibility for violation making

1. Physical persons (the citizen, the foreign person and stateless persons) which reached at the time of making of violation of sixteen-year age are subject to responsibility for making of violation.

2. Violation committing by person in state of intoxication owing to alcohol intake, narcotic, psychotropic drugs or other stupefying substances or under the influence of the medical supplies reducing its attention and speed of reaction does not exempt it from liability under this Code.

Article 16. The legal entities who are subject to responsibility for violation making

The legal entity and the foreign legal entity, including their representations, branches without the status of the legal entity with the location in the territory of the Kyrgyz Republic are subject to responsibility for making of violation.

Article 17. Wine of physical persons

The physical person who made violation is found guilty if it realized or could and owed realize illegality of the act (action or failure to act).

Article 18. Wine of legal entities

The legal entity who made violation is found guilty if the physical person which is with it in employment relationships, or the physical person performing certain operations for the benefit of the legal entity under the agreement realized or could and owed realize illegality of the act (action or failure to act).

Chapter 5. The circumstances excluding guilt of person and illegality of violation

Article 19. The circumstances excluding guilt of person

1. The circumstance excluding guilt of physical person making of illegal act-faced which could not realize the action (failure to act) is recognized and direct it owing to chronic mental disease, temporary mental disorder, weak-mindedness or other disease state of mentality. Enforcement powers of medical nature according to the procedure, determined by the law on mental health services are applied to such person.

2. The circumstance excluding guilt of the legal entity making of illegal act owing to the reasons which did not depend on will and consciousness of physical person which is with it in employment relationships or the physical person performing certain operations for the benefit of the legal entity under the agreement is recognized.

Article 20. The circumstances excluding illegality of violation

The circumstances excluding illegality of violation are emergency, physical or mental compulsion, accomplishment of the legal order or order.

Article 21. Emergency

Damnification to the right protected interests in emergency condition, that is for elimination of danger which threatened the rights and personal freedoms, interests of legal entities, public order, property, established procedure of management if danger under these circumstances could not be eliminated with other means and if the damage suffered is less considerable, than prevented is not violation.

Article 22. Physical or mental compulsion

1. The act of person which did harm to the right protected interests is not violation, the face made under direct influence of physical compulsion, owing to which could not direct the acts.

2. The question of responsibility of person for the damnification to the right protected interests made under the influence of such physical compulsion owing to which it kept opportunity to direct the actions (failure to act) or under the influence of mental coercion is solved according to provisions of Article of 21 of this Code.

Article 23. Accomplishment of the legal decision of the official or collegiate organ

1. Act of person which does harm to the right protected interests is not violation if it is made for the purpose of accomplishment of the legal decision of the official or collegiate organ (the order, the order, the resolution).

2. Decisions of the official or collegiate organ are legal if they are given by the corresponding person or collegiate organ as appropriate both within their powers and on the content do not contradict the law and are not connected with violation of constitutional rights and freedoms of person.

3. The refusal to execute illegal decision of the official or collegiate organ is not violation.

4. Person is subject to responsibility for execution of illegal decision on an equal basis with person or collegiate organ which made this decision.

5. If person did not realize and could not realize illegal nature of the made decision, then the responsibility for violation is born only by person or collegiate organ which made this decision.

Section III. Violation consequence in law

Chapter 6. Penalties

Article 24. Concept and purposes of collection

1. Collection is the corrective action applied by the state for committed violation.

2. Collection is applied to physical person for the purpose of recovery of law and order and education of person in the spirit of observance of the Constitution and the laws of the Kyrgyz Republic, and also prevention of making of new violations by both physical person, and other persons.

3. Collection is applied to the legal entity for the purpose of recovery of law and order and prevention of making of new violations by both the legal entity, and other persons.

Article 25. Types of penalties

For making of violations the following types of penalties can be applied:

1) prevention;

2) penalty.

Article 26. Prevention

The warning is issued by authorized body in writing and is intended for non-admission of making of similar violations in the future. The prevention can be applied when making the violations which did not entail harmful effects in the cases provided by the Special part of this Code.

Article 27. Penalty

1. The penalty is cash penalty which is imposed on physical persons and legal entity for making of violation in cases, the size and procedure established by this Code.

2. The penalty is estimated in settlement indicators.

3. The penalty by the size is divided into eight categories:

1) penalty of 1 category: for physical persons - 10 settlement indicators, for legal entities - 50 settlement indicators;

2) penalty 2 categories: for physical persons - 30 settlement indicators, for legal entities - 130 settlement indicators;

3) penalty 3 categories: for physical persons - 55 settlement indicators, for legal entities - 170 settlement indicators;

4) penalty 4 categories: for physical persons - 75 settlement indicators, for legal entities - 230 settlement indicators;

5) penalty 5 categories: for physical persons - 100 settlement indicators, for legal entities - 280 settlement indicators;

6) penalty 6 categories: for physical persons - 125 settlement indicators, for legal entities - 350 settlement indicators;

7) penalty 7 categories: for physical persons - 150 settlement indicators, for legal entities - 450 settlement indicators;

8) penalty 8 categories: for physical persons - 175 settlement indicators, for legal entities - 550 settlement indicators.

For the violations provided by Chapter 19, except for of Articles 119 - 120-1, 128 and 130-135, the sizes of penalties specified for physical persons are applied to legal entities.

Chapter 7. Additional consequence in law of violation

Article 28. Concept, types and conditions of application of additional consequence in law of violation

1. Additional consequence in law of violation are the enforcement measures directed to prevention of making of new violations or to ensuring execution of penalty.

2. Additional consequence in law of violation are:

1) penalty fee;

2) withdrawal of property;

3) forced evacuation of vehicles on the specialized parking, use of locks of wheels or other types of devices;

4) discharge from vehicle control.

3. Additional consequence in law of violation are applied irrespective of category of violation and can be applied also in cases when they are not provided in the sanction of Article (part of Article) of the Special part of this Code.

4. The additional legal consequence of violation in the form of withdrawal of property is applied also in cases of making of act by physical person before achievement of age by it from which there can come the responsibility for violation.

Article 29. Penalty fee

1. The penalty fee is cash payment which is estimated percentage of the amount of untimely payment of penalty for each day of delay of payment in the amount of, to equal 1 percent.

2. The maximum size of penalty fee cannot exceed the size of penalty which was applied to the violator.

Article 30. Withdrawal of property

1. Withdrawal of property consists in forced withdrawal based on the decision of authorized body of objects and other things which were:

1) means (tool) of making of violation;

2) subject of the violation connected with the illegal address;

3) are received as a result of violation making.

2. The withdrawn objects or other things are subject to return to the owner after decision making on the case of violation, except for the objects and things prohibited to the address or the address of which is limited, and also the objects and things received as a result of violation making which are liable to destruction based on the decision of authorized body or transfer to the relevant organizations for their petition.

3. If the withdrawn objects which were means (tool) of making of violation belong to the violator, then the issue of their confiscation is resolved by court in the procedure established by the law.

Article 31. Forced evacuation of the vehicle and use of locks of wheels or other types of devices

1. Forced evacuation consists in forced movement of the vehicle from the place of making of violation or from the place of making of the road accident on the specialized parking.

2. Blocking of wheels consists in forced installation of technical means on the vehicle excluding possibility of movement of the vehicle (rotation of wheels) in case of violation by the transport driver of Traffic regulations. Other types of devices are applied to blocking of steering and accelerator pedals (for motorcycles, tricycles, ATVs and other motor-transport).

3. In case of forced evacuation of the vehicle the owner is notified on the location of the vehicle. About forced evacuation of the vehicle and use of locks of wheels the corresponding mark in the protocol on violation is made.

4. Expenses on forced evacuation of the vehicle and its storage are compensated by person who made violation.

5. The procedure for forced evacuation, movement of the vehicle to the specialized parking, its storages and use of locks of wheels or other types of devices is determined by the Government of the Kyrgyz Republic.

Article 31-1. Discharge from vehicle control

1. Discharge from vehicle control is temporary ban on vehicle control for the purpose of suppression (termination) of violations.

2. Physical persons are discharged of vehicle control in the following cases:

1) if person managing the vehicle has in case of itself no registration certificate of the vehicle, the car driver license of the corresponding category;

2) if person managing the vehicle has in case of itself the invalid car driver license;

3) if there are no state registration registration plates of the vehicle or one of them including if they non-standard (counterfeit) or are issued on other vehicle (false);

4) if numbers of body and the vehicle chassis do not correspond to data of the registration certificate of this vehicle;

5) if the vehicle is controlled person in state of intoxication and it is confirmed with results of the medical examination including which is carried out using special technical means, or the specified person refused survey passing;

6) if installation of the equipment or re-equipment of the vehicle are made with violation of normative requirements including if the vehicle is equipped with the special sound (multialarm) alarm system or flashing light signal or if the film prohibited to use is applied on glasses;

7) under management on highways public large-size or heavyweight vehicles when which loading requirements of the permitted parameters of the dimensions, weight and weight falling on axis together with load are violated;

8) in case of violation of payment due date of the penalty established by part of 1 Article 342 of this Code in cases of making of the violations provided by Chapter 19 of this Code.

3. Discharge from vehicle control is applied by prohibition and non-admission of person to vehicle control until all causes of discharge are not completely removed.

4. About discharge from vehicle control by the employee of authorized body in the field of internal affairs the corresponding entry in the protocol on violation is made, and in the case provided in Item 8 of part 2 of this Article the separate protocol is constituted and the decree on application of additional legal consequence in the form of discharge from vehicle control is issued.

5. In case of discharge of the driver from vehicle control the authorized body in the field of internal affairs delivers the vehicle for temporary storage to the specialized (penal) parking before decision making on case and elimination of the reason which formed the basis for discharge from vehicle control.

Chapter 8. General rules of application of penalties and release from their appointment

Article 32. Application of penalties

In case of application of penalties the nature of committed violation, the extent of damage suffered, circumstances mitigating or aggravating collection, and rather physical person - also the identity of the violator are considered.

Article 33. The circumstances mitigating collection

1. The circumstances mitigating collection of physical persons and legal entities voluntary indemnification or elimination of damage suffered are recognized.

2. The circumstances mitigating collection of physical persons are recognized also:

1) making of violation by the minor;

2) making of violation by the woman in pregnancy condition;

3) provision of medical or other care injured directly after violation making.

Article 34. The circumstances aggravating collection

1. The circumstances aggravating collection of physical persons and legal entities are recognized:

1) continuation of delinquent behavior, despite the requirement of authorized body to stop it;

2) violation making by group of persons, that is joint making of violation by two or more persons irrespective of previous concert between them;

3) making of violation in the conditions of warlike or emergency state or in the conditions of public disaster.

2. The circumstance aggravating collection of physical persons also making of violation by person who is in alcohol intoxication or in the condition caused by the use of the narcotic, psychotropic or other stupefying drugs is recognized.

3. The authorized body considering case on accountability for violation making can not recognize the circumstances specified regarding 1 this Article, aggravating.

Note. Under public disaster the situation which developed in the territory of the Kyrgyz Republic or its separate parts as a result of the dangerous natural or technogenic phenomenon, accident, catastrophic crash, spontaneous, biological (epidemic, epizooty, epiphytoty) or other disaster, impact of modern weapons of destruction which can entail is recognized this Code or entailed the human victims, damage to health of people or the environment, considerable material losses and violation of conditions of life activity of people.

Article 35. Application of penalties when making several violations

In case of making by one person of two or more violations collection is applied for each violation separately.

Article 36. Prescription of application of collection

1. Collection in the form of penalty can be applied within six months from the date of violation making, and in case of the continued violation - within six months from the date of its identification.

2. The current of prescriptive limit stops if person who made violation evades from authorized body for the entire period of evasion. The current of prescriptive limit renews from the date of detection of person. At the same time the penalty fee is charged according to article 29 of this Code.

3. Collection in the form of the prevention shall be applied in violation identification cases directly after its making and on site making.

Article 37. The moment of accountability for violation making

Person is considered made responsible for making of violation from coming into force of the decision on collection application.

Article 38. Indemnification

1. Person who made violation and subject of responsibility shall compensate damage suffered.

2. In case of evasion of person who made violation from voluntary compensation of damage suffered its compensation is performed according to the procedure of civil legal proceedings.

Article 39. Release from application of collection and additional legal consequence in the form of penalty fee

Collection and additional legal consequence in the form of penalty fee are not applied in cases:

1) collection application lapse of time;

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