Administrative offence

1. Warning, administrative fine, administrative arrest may be applied only as the main administrative penalties.

2. Deprivation of a special right, deprivation of a permit or suspension of its validity, as well as exclusion from the register, suspension or prohibition of activities or its individual types, as well as administrative expulsion from the Republic of Kazakhstan of foreigners or stateless persons can be applied as both main and additional administrative fees.

3. Confiscation, forced demolition of a structure being illegally erected or already erected may be applied only as an additional administrative penalty.

1. A warning consists in an official giving by the court, a body (official) authorized to impose an administrative penalty, a negative assessment of the offense committed and a warning of an individual or legal entity about the inadmissibility of unlawful behavior. The warning is issued in writing.

2. In the absence of the circumstances provided for in Article 57 and the note to Article 366 of this Code, the court (judge), body (official) imposing an administrative penalty is obliged to apply the warning provided for by the relevant article of the Special Part of this Code.

1. An administrative fine (a fine) is a monetary penalty imposed for an administrative offense in the cases and within the limits provided for in the articles of the Special Part of this Section, in the amount corresponding to a certain amount of the monthly calculation index established in accordance with the law in force at the time of initiation administrative cases.

In the cases provided for in the articles of the Special Part of this Section, the amount of the fine is expressed as a percentage of:

1) rates of payment for negative impact on the environment, as well as the amount of economic benefit received as a result of violation of the environmental legislation of the Republic of Kazakhstan;

1-1) the amount of damage caused to subsoil resources as a result of violation of the right of state ownership of subsoil;

2) the amount of unfulfilled or improperly fulfilled tax obligation;

3) amounts of unpaid (not transferred), untimely and (or) incompletely paid (transferred) social contributions;

Note IZPI!

Subparagraph 4) is amended by the Law of the Republic of Kazakhstan dated 02.08.2015 No. 342-V (shall be enforced from 01.01.2023).

4) amounts of non-transferred, untimely and (or) incompletely calculated, withheld (accrued) and (or) paid (transferred) mandatory pension contributions and mandatory professional pension contributions;

5) the amount of the value of excisable goods obtained as a result of illegal entrepreneurship;

6) the amount unaccounted for in accordance with the requirements of the legislation of the Republic of Kazakhstan on accounting and financial reporting or accounted for improperly;

7) the amount of transaction (operation) made (carried out) in violation of the financial legislation of the Republic of Kazakhstan;

8) the amount of income (proceeds) received as a result of monopolistic activity or violation of legislation of the Republic of Kazakhstan on the electric power industry, on natural monopolies, the legislation of the Republic of Kazakhstan regulating the activities of the financial market and financial organizations;

9) the cost of energy resources used in excess of the approved standards for the period in which the offense occurred, but not more than for one year;

10) the amount of uncredited national and foreign currency;

11) amounts of unpaid (not transferred), untimely and (or) incompletely paid (transferred) deductions and (or) contributions to compulsory social health insurance.

If, in the stipulated articles of the Special Part of this Section, the amount of the fine is expressed as a percentage of the amount of the transaction carried out in violation of the financial legislation of the Republic of Kazakhstan, and such an operation is carried out in foreign currency, the amount of the fine in tenge is recalculated at the official rate established by the National Bank of the Republic of Kazakhstan, at the time of drawing up of the minutes of an administrative offense.

2. The amount of a fine imposed on an individual cannot exceed two hundred monthly calculation indices.

The amount of the fine imposed on an official, a private notary, a private bailiff, a lawyer, small businesses, as well as non-profit organizations, cannot exceed seven hundred and fifty monthly calculation indices.

The amount of the fine imposed on medium-sized businesses cannot exceed one thousand monthly calculation indices.

The amount of the fine imposed on large business entities cannot exceed two thousand monthly calculation indices.

3. A fine calculated in accordance with paragraph two of part one of this article may be set in amounts exceeding or less than the established amounts of fines specified in part two of this article.

4. The fine is collected to the state budget in the manner prescribed by the legislation of the Republic of Kazakhstan.

1. Confiscation of an item that was an instrument or subject of an administrative offense, as well as property received as a result of an administrative offense, consists in their forced gratuitous transfer to the ownership of the state in the manner prescribed by law.

Seizure from the illegal possession of a person who has committed an administrative offense does not constitute confiscation of an object subject to return to its owner or withdrawn from circulation. An object withdrawn from circulation is subject to conversion into state ownership or destruction.

2. Only an item that is the property of the violator is subject to confiscation, unless otherwise provided by the Special Part of this Code.

3. Confiscation of hunting weapons, ammunition for them and other permitted hunting and fishing tools may not be applied to persons for whom hunting (fishing) is the main legal source of subsistence.

4. Confiscation is applied by a judge and may be imposed in cases where it is provided for by the relevant article of the Special Part of this Section as an administrative penalty.

1. Deprivation of a special right granted to a specific person is applied by a judge.

2. The period of deprivation of a special right cannot be less than one month and more than two years.

3. The period of deprivation of the right to drive transport vehicles cannot be less than six months and more than ten years.

4. Deprivation of the right to drive vehicles cannot be applied to persons who use these vehicles due to disability, except for cases of driving a vehicle in a state of intoxication or avoiding passing an examination for intoxication in the prescribed manner, as well as leaving these persons in violation of the established rules of the place of the traffic accident, the participants of which they were.

5. Deprivation of the right to hunt, fish, store and carry hunting weapons, ammunition for them and fishing gear cannot be applied to persons for whom hunting (fishing) is the main legal source of subsistence, with the exception of a systematic violation of the procedure for exercising this right.

1. Deprivation of a permit or suspension of its action is applied for an administrative offense committed in the course of carrying out activities or performing certain actions (operations) provided for by the permit.

1-1. Deprivation of a permit or suspension of its validity shall be imposed by a judge, an authorized body (official) subject to the provisions of parts three, four, six and 6-1 of this article.

2. The period of suspension of the permit may not be less than one and more than six months.

3. Suspension or deprivation of permission to carry out activities in the financial sector and activities related to the concentration of financial resources, with the exception of deprivation of permission from a credit bureau, is carried out by the authorized body for regulation, control and supervision of the financial market and financial organizations and the National Bank of the Republic of Kazakhstan within their competence on the grounds and in the manner established by the laws of the Republic of Kazakhstan.

4. Exclusion from the register is carried out by the authorized body in the field of customs on the grounds and in the manner established by the customs legislation of the Republic of Kazakhstan, and by the authorized body in the field of transport and communications on the grounds and in the manner established by the legislation of the Republic of Kazakhstan on road traffic.

5. Excluded by the Law of the Republic of Kazakhstan dated 03.07.2020 No. 359-VI (shall be enforced from 01.01.2021).

6. Exclusion from the register of collection agencies shall be carried out by the authorized body for regulation, control and supervision of the financial market and financial organizations on the grounds and in the manner established by the Law of the Republic of Kazakhstan "On collection activities".

6-1. Exclusion from the register of payment organizations is carried out by the National Bank of the Republic of Kazakhstan on the grounds and in the manner established by the Law of the Republic of Kazakhstan "On payments and payment systems".

7. If the activity in the course of which an administrative offense was committed is a subtype of the licensed type of activity, an administrative penalty in the form of deprivation or suspension of a permit is applied only to a specific subtype of the licensed type of activity.

Note. For the purposes of this Code, the deprivation of a permit, suspension of its action means the deprivation of a license to carry out a licensed type of activity or its subspecies, a special permit, a qualification certificate (certificate), or the suspension of its (his) action for a certain type or subtype of activity, or the commission of a certain action, as well as another permit document provided for by the Law of the Republic of Kazakhstan "On Permits and Notifications".

1. Suspension or prohibition of activity or its separate types consists in temporary termination of activity or prohibition of activity or its separate types of individuals and (or) legal entities, including branches, representative offices, structural subdivisions of a legal entity, production sites, as well as the operation of units, buildings and structures, implementation of certain types of activities (works), provision of services.

2. Suspension or prohibition of activity or its separate types is carried out in a judicial proceeding or by a body (official) authorized to consider cases of administrative offenses, if a sanction in the form of suspension or prohibition of activity can be imposed for the commission of an administrative offense. Consideration of such cases is carried out within ten days.

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

4. Prior to the consideration of the case, a measure of security may be applied to an individual or legal entity in the form of suspension or prohibition of activity or its individual types in the manner prescribed by Article 801 of this Code. In this case, the period of suspension or prohibition of the activity or its individual types is included in the period of suspension or prohibition of the activity or its individual types, if this measure of administrative penalty is applied during the consideration of the case.

Forced demolition of a structure being illegally erected or already erected building is imposed by a judge in the cases provided for by the articles of the Special Part of this Section.

1. Administrative arrest is established for a period of up to thirty days, and for violation of the requirements of the emergency state - up to forty-five days. Administrative arrest is appointed by the judge in exceptional cases within the limits provided for in the articles of the Special Part of this Section.

2. Administrative arrest may not be applied to pregnant women and women with children under the age of fourteen, persons under the age of eighteen, disabled people of groups 1 and 2, as well as women over the age of fifty-eight years, men over sixty-three years and men alone raising children under the age of fourteen.

3. The term of administrative detention is included in the term of administrative arrest.

1. Administrative expulsion from the Republic of Kazakhstan of foreigners or stateless persons is applied by a judge as a measure of an administrative penalty in the manner and on the grounds that are provided for by the Special Part of this Code.

The provisions of this part do not apply to cases of expulsion of foreigners or stateless persons, carried out in the manner prescribed by the civil procedural legislation of the Republic of Kazakhstan.

2. If in the course of administrative proceedings a person in respect of whom an administrative penalty in the form of administrative expulsion from the Republic of Kazakhstan may be applied, reports an act committed against him, recognized in accordance with the Criminal Code of the Republic of Kazakhstan as a grave or especially grave crime, then the consideration of the case on an administrative offense in relation to this person is postponed until a decision is made on the message or application in the manner prescribed by Article 179 of the Criminal Procedure Code of the Republic of Kazakhstan.

1.    Circumstances which mitigate the responsibility for the administrative offences, are:

1)    repentance of guilty;

2)    prevention by the person who committed an administrative offence, the harmful effects of the offence, voluntary compensation and removal of harm caused;

3)    committing an administrative offence under the influence of strong emotion or at the confluence of difficult personal or family circumstances;

4)    administrative offence by a minor;

5)    administrative offence by a pregnant woman or a woman with a child under the age of fourteen years;

6)    administrative offence as a result of physical or psychological coercion;

7)    committing an administrative offence in violation of the conditions of validity of self-defense, the detention of a person who committed an unlawful assault, execution order or instruction;

8)    committing an administrative offence for the first time by negligence.

2.    The judge, body (official), considering the case of administrative offence, may recognize mitigating circumstances not specified in part one of this article.

Circumstances which aggravate the responsibility for the administrative offences, are:

1)    continuation of the wrongful conduct, despite the clarification of the law by the prosecutor (or) the claim made by authorized persons to terminate it;

2)    re-commit during one year of homogeneous administrative offence for which the person has been subjected to administrative penalties on which the period, provided for in Article 61 of this Code has not expired;

3)    the involvement of minors in administrative offence;

4)    involvement in the commission of an administrative offence persons known to be suffering from a severe mental disorder, or persons under the age from which the administrative responsibility comes;

5)    committing an administrative offence by reason of national, racial or religious hatred or enmity, revenge for lawful actions of others, as well as to conceal another offence or facilitating its commission;

6)    committing an administrative offence against a person or his relatives in connection with the performance of that person's official, professional or social duty;

7)    administrative offence against a woman known to be in a state of pregnancy, and also against a minor, or other defenseless or helpless person, or a person who is dependent on the perpetrator;

8)    committing an administrative offence by a group;

9)    administrative offence in a natural disaster or other emergency;

10)          committing an administrative offence of drink, drugs or for abuse of intoxication. The judge, body (official), to impose administrative sanctions, depending on the nature of the administrative offence cannot deny this fact aggravating.

1.    A person shall not be subject to administrative responsibility within two months from the date of the administrative offence except as provided herein by this Code.

2.    An individual is not subject to administrative responsibility for administrative corruption offence and offence in the area of taxation, the Kazakhstan legislation on pensions, compulsory social security, on energy conservation and energy efficiency, natural monopolies and antitrust legislation after one year from the date of its commission and the legal entity (including individual entrepreneur) is not subject to administrative responsibility for administrative corruption offence and violations in Kazakhstan legislation on energy saving and energy efficiency at the end of three years after its commission, and the offence in taxation, the Kazakhstan legislation on pensions, compulsory social security, natural monopolies and antitrust law - five years after the date of its execution.

3.    At lasts an administrative offence, as well as an administrative offence in fiscal relations, encroaching on protected interests of society and the state, the publication and use of illegal and legal act for violation of state registration of legal acts the person is not subject to be brought to administrative responsibility at the end of two months after the discovery of an administrative offence.

When committing an administrative offense in the field of finance, upon restoration of solvency, rehabilitation and bankruptcy, a person is subject to administrative liability no later than three years from the date of commission of the administrative offense, but cannot be brought to administrative responsibility within two months after the discovery of an administrative offence.

For carrying out a transaction with money and (or) other property that entailed the legalization (laundering) of proceeds from crime, a legal entity is subject to administrative liability no later than three years from the date of commission of the administrative offense.

4.    The provisions of the first and third parts of this Article shall not apply to cases where an administrative offence contributed to the commission of the crime and it was announced during the investigation or trial of criminal cases. The court may in the manner provided by part one of Article 405 of the Criminal Procedure Code of the Republic of Kazakhstan, to impose on the person who is guilty of such an offence, an administrative penalty if after committing an administrative offence there was not a period more than one year.

5.    The period for imposing an administrative penalty for an administrative offense is suspended from the moment the examination is appointed, for the period of consideration of acts of prosecutorial supervision and response, the issuance of a determination to bring the person in respect of whom the proceedings are underway, as well as sending the case to the court or to an official of a public body authorized consider cases of administrative offenses.

The calculation of these deadlines is resumed from the moment the results of the examination are received, from the day the decision is made on the act of prosecutorial supervision and response, as well as the actual delivery of the person brought to administrative responsibility to the body (official) executing the decision on the arrest.

 The total period of the delivery cannot exceed more than one month.

6.    In case of termination of a criminal case if there are signs of an administrative offense in the actions of the violator, the person may be brought to administrative responsibility no later than three months from the date of receipt of the decision to terminate it.

7.    The period of imposition of penalty for an administrative offence is interrupted, if before the expiration date specified in the first and third paragraphs of this article, a person commits a new administrative offence. The term of these cases start with the discovery of new administrative offences.

8.    The decision of a judge or an authorized body to terminate administrative proceedings, regardless of the period provided for in part one of this article, may be revised upon the proposal of the Chairman of the Supreme Court, the chairman of the judicial panel of the Supreme Court, or a prosecutor’s protest filed within a year from the date it enters into legal force .

 Note. An offense is recognized as continuing, which is characterized by the continuous implementation of a single act of a certain act provided for in the article of the Special Part of this section, and is not completed at the time of its discovery. 

1.    Minors who are subject to this chapter shall be persons who at the time of committing an administrative offence was sixteen, but under eighteen years of age.

2.    The minor has committed an administrative offence may be imposed an administrative penalty imposition of compulsory education measures.

1.    The amount of administrative fine imposed on a minor cannot exceed ten monthly calculation indices regardless of the size of a fine under article of special part of this Code.

In the absence of the minor’s property sufficient to pay the fine, the fine imposed on the parents or guardians.

2.    Deprivation of a special right can be imposed on minors for a period not exceeding one year.

3.    Others of administrative penalties (except for administrative detention), as well as measures of administrative and legal effects set out in Articles 41 and 52 of this Code shall apply to juveniles guilty of an administrative offence, on the same basis.

1.     The person against whom the proceedings are conducted on an administrative offence shall have the right to get acquainted with the minutes and other records of the case, give explanations, to make comments on the content and design of the protocol, to present evidence, petitions and objections, to use a legal counsel for defense, during the proceedings to speak his native language or the language he speaks, and use a translator if he does not speak the language in which the proceedings are conducted, to challenge the application of measures to ensure the proceedings, the protocol on administrative offence and judgment, to make extracts from it and make copies of the available documents, and to use other procedural rights under this Code.

2.     A case on administrative offence is considered with participation of a person in respect of whom the proceedings are conducted on an administrative offence. In the absence of the mentioned person, the case can be considered only in the cases when there is evidence of proper notice of the time and place of the proceedings and, if he did not submit a petition to postpone consideration of the case.

3.     When considering a case on an administrative offence, committed by a person under eighteen years of age, or the commission of which leads to an administrative penalty in the form of administrative detention, confiscation or fee exemption of a subject, that appeared to be the instrument of an administrative offence, or the confiscation of income (dividends), money and securities received as a result of an administrative offence, as well as the administrative deportation from the Republic of Kazakhstan of a foreigner or a stateless person, or deprivation of a special right (except for the right to drive vehicles), provided to the person, the presence of the person brought to administrative responsibility is obligatory.

4.     In case of failure of the persons, mentioned in the third part of this article, to appear in the court at the judge’s and the body’s (the official) call, considering the case on administrative offence and that is in charge of the administrative proceedings, the person may be subjected to detention.

The court resolution on the detention is executed by the bailiff or the Interior authority; the decision of a body (an official), considering the case on administrative offence - by the body of internal affairs (police).

5.     A minor, in respect of whom the proceedings are conducted on an administrative offence, may be removed during the case consideration, the discussion of which could affect them.

1. In order to prevent an administrative offence, establishment of identity of a suspect in a crime, a protocol on administrative offence, when its drawing is impossible at the place of an administrative offence, the timely and proper consideration of the case and execution of the taken regulations, the authorized officer within his powers, may apply the following measures to the individual to ensure the proceedings on an administrative offence:

1)    delivery to the site of the protocol drawing on administrative offence;

2)    an administrative detention of an individual;

3)    a bringing;

4)    personal examination and inspection of things and belongings of an individual;

5)    inspection of a vehicle, a small size ship;

6)    the seizure of documents and things;

7)    suspension of driving of a vehicle or a small boat and examination of his alcoholic, narcotic, toxic condition;

8)    detention, delivery and prohibition of operation of a vehicle or a small size vessel;

9)    an inspection;

10)         medical examination of an individual for a state of alcoholic, narcotic intoxication;

11)         suspension or prohibition of activities or certain types of them in accordance with Article 48 of this Code.

1.    In respect of a legal entity the following measures may be applied to ensure the proceedings on an administrative offence:

1)    inspection of premises, territories with the goods, vehicles and other property, and the related documents, owned by a legal entity;

2)    seizure of documents, belonging to a legal entity;

3)    seizure or confiscation of goods, vehicles and other property, belonging to the legal entity;

4)    suspension or prohibition of activities or certain types of them in accordance with Article 48 of this Code.

3. Measures to ensure proceedings in a case of an administrative offense may be applied before the initiation of a case of an administrative offense (except for a personal search, search of things carried by an individual) during the proceedings, as well as at the stage of execution of a decision in a case of an administrative offense. 

4. Each of the measures listed in parts one and two of this article to ensure proceedings in a case of an administrative offense may be applied separately or simultaneously with other measures, if necessary.

5. An official is liable for damage caused by the illegal use of measures to ensure proceedings in a case of an administrative offense.

6. The application of measures to ensure proceedings in a case of an administrative offense may be appealed in the manner prescribed by Chapter 44 of this Code.

At the request of an individual or a representative of a legal entity, he is immediately provided with copies of the relevant protocols and other materials necessary to ensure the protection of the rights and legitimate interests of the person against whom measures have been taken to ensure the proceedings in the case.

1)    The grounds for initiating an administrative case are:
1) direct detection by an authorized official of the fact of an administrative offence taking into account the provisions of part 3 of this Article;
2) the materials, received from the law enforcement agencies, and other state bodies, local self-government bodies;
3) the letters or statements of individuals and legal entities, as well as the announcements in the media;
4) the readings of special automated measuring instruments, as well as the certified special measurement and control technical devices, including those operating in automatic mode and recording the commission of an administrative offense in the field of motor transport and road safety through photo and video recording of the road situation, determination speed and direction of movement of the vehicle, actions of other road users;

5) readings of instrumentation and (or) radio control equipment.

2. The ground for initiating an administrative case are the presence of sufficient data showing the signs of an administrative offense in the absence of circumstances precluding the proceedings provided for in Article 741 of this Code.

3. The grounds for initiation of an administrative offense in compliance with the subparagraph 1) of part 1 of this article in relation to the subject of control and supervision is the result of inspection carried out in the manner established by the Entrepreneurial Code of the Republic of Kazakhstan, as well as the result of preventive control and supervision with a visit to the subject (object) control and supervision in cases provided for in part three of paragraph 3 of Article 137 of the Entrepreneurial Code of the Republic of Kazakhstan.

The part is not applied in case of reveal of administrative offence in controlling and supervising the areas, specified in paragraphs 4 and 5 of Article 129 and paragraph 3 and 5 of Article 140 of the Entrepreneurial Code of the Republic of Kazakhstan, as well as in the area of the state statistics during the preventive control without visiting the respondents.

 4. A case on an administrative offence is considered to be initiated from the time of drawing a protocol on an administrative offence provided for by Article 785 of this Code, making a protocol on the administrative offence or making a decision by the prosecutor on the administrative offence, and from the moment of announcing the fact by the judge (court) on the contempt of court by the person, participating in the court proceedings.

 If an administrative offense is recorded by certified special control and measuring technical means and devices operating in automatic mode, the case of an administrative offense is considered initiated from the moment the order is sent to pay a fine in the manner prescribed by Article 743 of this Code, and in the case of administrative offenses, cases in which are considered by state revenue authorities, the case of an administrative offense is considered initiated from the moment of proper delivery of the notification (notification).

1. Shortened proceedings are carried out in the cases of administrative offenses, including in the cases within the jurisdiction of the court, for which an administrative penalty in the form of a fine is provided in accordance with paragraph one of part one of Article 44, and the person who committed it is identified, who admits the fact of its commission and agrees to pay a fine in the amount of fifty percent of the Article of the Special Part of this Code specified in the sanction and does not appeal the evidence presented.

2. The shortened proceedings in the case of an administrative offense are not applied in the following cases:

1) when the sanction of the article provides for other types of penalties, with the exception of warnings;

3) the commission of an offense by the persons having privileges and immunity;

4) the commission of the administrative offenses, the cases of which are considered by the state revenue authorities;

5) the commission of administrative offenses, the cases on which are considered by the National Bank of the Republic of Kazakhstan and the authorized body for regulation, control and supervision of the financial market and financial organizations, as well as in the case of initiating protocols on administrative offenses by authorized employees of the National Bank of the Republic of Kazakhstan and the authorized body for regulation, control and supervision of financial market and financial organizations under the articles specified in parts two and 2-1 of Article 804 of this Code.

1. When an administrative offense is detected and the person who committed it is identified, the authorized person specified in Articles 804 or 805 of this Code initiates administrative proceedings, explains to the person the right to pay a fine in the amount of fifty percent of the amount of the fine specified in the sanction of Article of the Special Part of this Code within seven days and, if necessary, presents a receipt of the established form.

If an administrative offense is recorded by certified special control and measuring technical devices operating in automatic mode, the person has the right to pay a fine in the amount of fifty percent of the specified amount of the fine within seven days from the date of proper delivery of the order on the need to pay the fine with a receipt of the established form.

Note of the Law and Legal Information Institute of the RK!

See Regulatory Resolution of the Constitutional Court of the Republic of Kazakhstan dated April 28, 2023 No. 12.

2. In case of payment of a fine in the amount of fifty percent of the specified amount of the fine within seven days, the case is considered to be considered on its merits, the decision is considered to have entered into legal force, and the person is considered to be brought to administrative responsibility.

The cases considered according to the rules of this chapter are not subject to review, with the exception of cases provided for in Chapter 47 of this Code.

3. In the case of non-use or improper use of the right provided for in the first part of this article, proceedings in the case of an administrative offense are executed in accordance with the general procedure.