ADMINISTRATIVE PENALTIES AND MEASURES OF ADMINISTRATIVE AND LEGAL IMPACT

ADMINISTRATIVE PENALTIES AND MEASURES OF ADMINISTRATIVE AND LEGAL IMPACT

The concept and objectives of administrative penalty

An administrative penalty is a measure of state coercion applied by a judge authorized by law, bodies (officials) for the commission of an administrative offense, and consists in the deprivation or restriction of the rights and freedoms of a person who has committed such an offense provided for by this Code.

  1. An administrative penalty is applied for the purpose of educating the person who committed the offense in the spirit of compliance with the requirements of the law and respect for the rule of law, as well as preventing the commission of new offenses by both the offender and other persons.
  2. An administrative penalty is not intended to cause physical suffering to a person who has committed an administrative offense, or to humiliate his human dignity, as well as harm the business reputation of a legal entity.
  3. Administrative penalty is not a means of compensation for property damage. The damage caused by an administrative offense shall be compensated in accordance with the procedure provided for in Article 59 of this Code.

Types of administrative penalties

  1. The following administrative penalties may be applied for the commission of administrative offenses:

1) warning;

2) administrative fine;

3) confiscation of the object that was the instrument or the subject of the commission of an administrative offense, as well as property obtained as a result of the commission of an administrative offense;

4) deprivation of a special right;

5) revocation of the permit or suspension of its validity, as well as exclusion from the register;

6) suspension or prohibition of activities;

7) forced demolition of an illegally erected or erected structure;

8) administrative arrest;

9) administrative expulsion from the Republic of Kazakhstan of a foreigner or a stateless person.

it is carried out in accordance with the procedure provided for in Article 59 of this Code.

Basic and additional measures of administrative penalties

  1. A warning, an administrative fine, an administrative arrest may be applied only as basic 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 certain types thereof, as well as administrative expulsion from the Republic of Kazakhstan of foreigners or stateless persons may be applied as both basic and additional administrative penalties.
  3. Confiscation, forced demolition of an illegally erected or erected structure may be applied only as an additional administrative penalty.

Measures of administrative and legal impact

  1. The following administrative and legal measures shall be applied to a person who has committed an administrative offense in order to prevent this person from committing new offenses in accordance with this Code:

1) checking the knowledge of traffic rules;

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

3) verification of knowledge of the rules of safe handling of civilian and service weapons.

  1. The measures of administrative and legal impact specified in the first part of this Article shall be applied along with the imposition of an administrative penalty, and instead of it when releasing a person who has committed an administrative offense from administrative responsibility on the grounds provided for by this Code.