On Administrative Infractions
Unofficial translation
The Code of the Republic of Kazakhstan dated 5 July 2014 No. 235-V
Unofficial translation
Footnote: Through the whole text of the Code:
the words “tax body”, “tax bodies”, “in a tax body”, “body of tax service”,
“bodies of tax service” are substituted by the words “state revenues body”, “state
revenues bodies”, “in the state revenues body”; the words “customs body”, “customs
bodies” are substituted by the words “state revenues body”, “state revenues bodies” in
accordance with the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V (shall
be enforced from 01.01.2015).
SECTION 1. GENERAL PROVISIONS
Chapter 1. LEGISLATION ON ADMINISTRATIVE INFRACTIONS
Article 1. Legislation of the Republic of Kazakhstan on
administrative infractions
1. Legislation of the Republic of Kazakhstan on administrative infractions
consists of this Code.
2. This Code is based on the Constitution of the Republic of Kazakhstan, generally
accepted principles and rules of international law.
3. International contractual and other obligations of the Republic of Kazakhstan,
as well as regulatory resolutions of the Constitutional Council and Supreme Court of the
Republic of Kazakhstan regulating administrative delictual legal relations that are the
component part of the legislation on administrative infractions.
4. International treaties ratified by the Republic of Kazakhstan shall have a
priority before this Code and shall be applied directly, except for the cases when it
follows from the international treaty that for its application the issuance of the law
is required. If international treaty ratified by the Republic of Kazakhstan establishes
other rules than those provided by the legislation of the Republic of Kazakhstan on
administrative infractions, the rules of the international treaty shall be applied.
Article 2. Basis for administrative liability
Basis for administrative liability is commission of the act containing all signs
of component elements of the infraction provided in the Special part of this Code.
Article 3. Force of the legislation of the Republic of
Kazakhstan on liability for administrative infractions in space 1. The person that committed administrative infraction in a territory of the
Republic of Kazakhstan shall be subject to liability according to this Code.
2. Administrative infraction committed in a territory of the Republic of
Kazakhstan shall be recognized as the act that was commenced or continued or was
completed in a territory of the Republic of Kazakhstan. Force of this Code shall also
apply to administrative infractions committed in a continental shelve and in exclusive
economic zone of the Republic of Kazakhstan.
3. The person that committed administrative infraction on a ship registered at a
port of the Republic of Kazakhstan and being in open water or air space outside the
borders of the Republic of Kazakhstan shall be subject to administrative liability
according to this Code, unless otherwise provided by the international treaty of the
Republic of Kazakhstan. According to this Code, the person that committed administrative
infraction on a warship or military aircraft of the Republic of Kazakhstan shall also
bear administrative liability independently from its location.
4. The issue on administrative liability of diplomatic representatives of foreign
states and other foreign persons that enjoy immunities in case of commission of the
infraction by these persons in a territory of the Republic of Kazakhstan shall be
resolved in accordance with the rules of international law.
Article 4. Force of the legislation of the Republic of
Kazakhstan on liability for administrative infractions in time
1. The person that committed administrative infraction shall be subject to
liability on the basis of the legislation being valid during commission of this
infraction.
2. Time of committing administrative infraction shall be recognized as the time of
carrying out the act provided by the Special part of this Code, independently from time
of ensuing of consequences.
Article 5. Retroactive force of the Law on
administrative infractions
1. The Law that mitigating or exempting administrative liability for
administrative infraction or otherwise improving position of a person that committed
administrative infraction shall have a retroactive force, in other words shall apply to
the infraction committed before entering of this Law into force and in respect of which,
the decree on imposition of administrative sanction is not performed.
2. The Law establishing or strengthening administrative liability for
administrative infraction or otherwise aggravating the position of a person shall not
have a retroactive force.
Footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Chapter 2. TASKS AND PRINCIPLES OF THE LEGISLATION ON
ADMINISTRATIVE INFRACTIONS
Article 6. Tasks of the legislation on
administrative infractions
1. Legislation on administrative infractions is tasked with protection of rights,
freedoms and legal interests of a human and citizen, health, sanitary epidemiological
welfare of population, environment, public morality, property, public order and safety,
established order of carrying out the state power and state management, rights and
interests of organizations protected by the law from administrative infractions, as well
as prevention of their commission.
2. For carrying out of this task, the legislation on administrative infractions
shall establish the grounds and principles of administrative infraction, determines
which acts are administrative infractions and types of sanctions imposed for their
commission, as well as which administrative sanction, by which state body (civil
servant) and in which manner may be imposed on a person that committed the
administrative infraction.
Article 7. Meaning of principles of the legislation on
administrative infractions
Meaning of principles of the legislation on administrative infractions is that
their violation depending on its character and essentiality entail recognition of the
accomplished proceeding on a case as invalid, revocation of decisions delivered in the
course of such proceeding or recognition of materials that are not valid as evidences
collected by this.
Article 8. Legality
1. Administrative infractions, measures of administrative sanction, measures of
supporting the proceeding on the case on administrative infraction and measures of
administrative legal effect shall be determined only by this Code. No one may be
subjected to administrative infraction, measures of administrative legal effect or
measures of supporting the proceeding on the case on administrative infraction otherwise
as on the basis and in the manner established by this Code.
2. Court, bodies (civil servants) being authorized to consider the cases on
administrative infractions upon proceeding on the cases on administrative infractions
shall be obliged to comply exactly the requirements of the Constitution of the Republic
of Kazakhstan, this Code, other regulatory legal acts mentioned in Article 1 of this
Code. The Constitution of the Republic of Kazakhstan shall have a supreme legal force
and direct force in the whole territory of the Republic of Kazakhstan. In case of
inconsistency between the rules established by the Law and the Constitution of the
Republic of Kazakhstan, the provisions of the Constitution shall be applied.
3. Courts shall not have the right to apply the Laws and other regulatory legal
acts derogating rights and freedoms of a human and citizen vested by the Constitution of
the Republic of Kazakhstan. If the court detects that the Law or another regulatory
legal act subjected to application derogates the rights and freedoms of a human and
citizen vested by the Constitution, it shall be obliged to suspend the proceeding on
case and refer to the Constitutional Council of the Republic of Kazakhstan with a
recommendation on recognizing this act as unconstitutional. Upon receipt of decision of
the Constitutional Council by the court, the proceeding on case shall be revived.
Decisions of courts and bodies (civil servants) being authorized to consider the
cases on administrative infractions based on the Law or another regulatory legal act
recognized as unconstitutional shall not be subject to execution.
4. Breach of the Law by a court, bodies (civil servants) being authorized to
consider the cases on administrative infractions upon proceeding on cases on
administrative infractions shall be inadmissible and entail the liability established by
the Law, recognition of adopted acts as invalid and their repeal.
Article 9. Equality before the Law and court
In the course of proceeding on the cases on administrative infractions, all are
equal before the Law and court. No one may be subjected to any discrimination based on
origin, social, official and property status, gender, race, nationality, language,
attitude to religion, convictions, residence places or by any other circumstances.
Article 10. Presumption of innocence
1. The person in respect of whom the case on administrative infraction is
initiated shall be considered guiltless, unless his (her) guilty is proved in the manner
provided by this Code and established by the decree of a judge, body (civil servant)
entered into legal force that considered the case within own powers.
2. No one is obliged to prove own guiltless.
3. Any doubts in guilty shall be interpreted in favor of a person in respect of
whom the case on administrative infraction is initiated. The doubts arising upon
application of the legislation on administrative infractions shall be also resolved in
his (her) favor.
Article 11. Principle of guilt 1. Individual shall be subject to administrative liability only for those
infractions in respect of which his (her) guilty is established. Objective opinion, in
other words, the administrative liability for guiltless infliction of harm by the
individual shall not be allowed.
2. Individual that committed the act intentionally or carelessly shall be
recognized guilty in administrative infraction.
Article 12. Inadmissibility of repeated bringing to
administrative infraction
No one may be brought to administrative infraction twice for one and the same
infraction.
Article 13. Principle of humanism
Administrative sanction applied to a person that committed infraction may not be
aimed at infliction of physical sufferings or abasement of human dignity.
Article 14. Personal immunity
1. No one may be subjected to administrative detention, bringing, delivery to
internal affairs bodies (police) or other state bodies, personal inspection and
inspection of the items of property being at individual or other measures of supporting
proceeding on the case on administrative infraction other than on the grounds and in the
manner established by this Code.
2. Administrative arrest as a measure of administrative sanction may be imposed
only under decree of a judge in cases and in the manner established by this Code.
3. Each detained person, subjected to bringing, delivered to the internal affairs
bodies (police) or other state body shall be informed immediately on the grounds for
detention, bringing, delivery, as well as legal classification of the administrative
infraction, the commission of which is charged with him (her).
4. State body (civil servant) shall be obliged to release immediately a person
being detained, subjected to bringing, delivery unlawfully or being under administrative
arrest in excess of the term provided by the decree of a judge.
5. No one of those persons participating in a case on administrative infraction
may be subject to tortures, violence, cruel treatment or degrading human dignity.
6. Commission of the actions in the process of proceeding on the case on
administrative infraction against the will of a person or his (her) representative,
violating personal immunity shall be possible only in cases and in the manner provided
directly by this Code.
7. Detention of a person in respect of whom the administrative arrest is elected
as a measure of administrative sanction, as well as person being subjected to
administrative detention shall be carried out in conditions excluding a threat of his
(her) life and health.
8. Harm inflicted to an individual in a result of illegal administrative arrest,
detention in conditions being harmful for life and health, cruel treatment with him
(her) shall be subject to compensation in the manner provided by the Law.
Article 15. Respect of honor and dignity of person
1. Upon proceeding on cases on administrative infractions, the decisions and
actions degrading honor or derogating dignity of a person participated in the case shall
be prohibited, the collection, use and distribution of details on private life, and
equally details of personal and business character that the person considers necessary
to keep in secret shall not be allowed for the purposes not provided by this Code.
2. Moral damage inflicted to a person in the course of proceeding on the cases on
administrative infractions by illegal actions of a court, other state bodies and civil
servants shall be subject to compensation in the manner established by the Law.
Article 16. Inviolability of private life and
protection of secret
Private life, personal, family, commercial and other secret protected by the Law
shall be under the protection of the Law. Everyone shall have the right to secrecy of
personal contributions and funds, correspondence, postal, telegraph and other messages.
Restriction of these rights in the course of proceeding on the case on administrative
infraction shall be allowed only in cases and in the manner established directly by the
Law.
Article 17. Inviolability of property
1. Property shall be guaranteed by the Law. No one may be deprived of own property
other than under the court decision.
2. Withdrawal of property and documents; removal from controlling transport
vehicles, small size vessels; detention of a transport vehicle, small size vessel;
survey of transport vehicles, small size vessels; inspection of territories, premises,
transport vehicles, goods, other property, as well as the relevant documents,
application of other measures of ensuring the proceeding on the case on administrative
infraction encroaching on the property may be performed only in cases and in the manner
provided by this Code.
Article 18. Independency of court (judge) and body
(civil servant) being authorized to consider the cases
on administrative infractions
Courts (judges) and bodies (civil servants) being authorized to consider the cases
on administrative infractions shall resolve them in conditions that exclude outside
influence on them. Any interference in activity of a court (judge) and body (civil
servant) being authorized to consider the case on administrative infractions shall be
inadmissible and entail the liability established by the Law.
Article 19. Release from obligation to give testimonies
1. No one shall be obliged to give testimonies against oneself, husband (wife) and
own close relatives, the circle of which is determined by the Law.
2. Churchmen shall not be obliged to testify against those who became confidential
with them in confession.
3. In cases provided by parts one and two of this Article, the mentioned persons
shall have the right to refuse from giving testimonies and may not be subjected to any
liability for this.
Article 20. Ensuring of rights to qualification
legal assistance
1. Everyone shall have the right to receive qualification legal assistance in the
course of administrative proceeding in accordance with provisions of this Code.
2. In cases provided by the Law, the legal assistance shall be rendered without
payment.
Article 21. Publicity of proceeding on the cases on
administrative infractions
1. Court, bodies (civil servants) being authorized to consider the cases on
administrative infractions shall carry out the proceeding on these cases on a public
basis.
2. In accordance with the Law, the closed proceeding shall be carried out in
respect of the cases containing details being the state secrets, as well as upon
satisfaction of a court, body (civil servant) being authorized to consider the cases on
administrative infraction, petition of a person participating in the case relating to
necessity of keeping a secrecy of adoption, preservation of personal, family, commercial
or another secrecy protection by the Law, details on intimacy of individuals or to other
circumstances impeding to public hearing.
3. Personal correspondence and personal telegraph messages of individuals may be
announced upon opened proceeding only with the agreement of the persons between which
there were correspondence and telegraph messages. Otherwise, the personal correspondence
and personal telegraph messages of these persons shall be announced and studied upon
closed proceeding. Mentioned rules shall be applied also upon study of photo- and cine
documents, sound- and video records, information on electronic carriers containing
details of personal character.
4. Persons participating in a case, and individuals attending upon opened
proceeding shall have the right to fix the course of the proceeding in written or with
the use of audio recording from the places taken by them in a premise where the
proceeding is carried out. Cine- and photo survey, video recording, radio, television
and internet broadcast in the course of proceeding shall be allowed under permission of
a court, body (civil servant) being authorized to consider the cases on administrative
infractions, considering the opinions of the persons participating in the case. These
actions shall not impede normal course of proceeding and may be restricted in time.
Article 22. Safety ensuring in the course of proceeding
Proceeding on the cases on administrative infractions shall be conducted in
conditions ensuring normal work of a court, body (civil servant) being authorized to
consider the cases on administrative infractions, and security of participants of the
proceeding. For the purpose of safety ensuring, the judge, civil servant may give an
order to conduct inspection of the persons willing to attend upon the proceeding on
case, including inspection of documents certifying their identity, personal inspection
and inspection of items of property carried by them.
Article 23. Freedom of contesting procedural decisions and
appeal of procedural actions
1. Force of the body (civil servant) being authorized to draw up minutes on the
cases on administrative infractions may be appealed, and the decisions of a court, body
(civil servant) being authorized to consider the cases on administrative infractions may
be contested in the manner established by this Code.
2. Person participating in a case shall have the right to review the decrees on
the cases on administrative infractions in the manner established by this Code.
3. Reversion of a claim to the damage of a person that filed the claim, or to the
damage of the person in behalf of whom it was filed shall not be allowed.
Article 24. Judicial protection of rights, freedoms and
legal interests of a person
1. Everyone shall have the right to judicial protection of own rights and
freedoms. Interested person shall have the right to go in court for protection of
violated or contested rights, freedoms or interests protected by the Law.
2. Prosecutor shall have the right to refer to the court with a suit (application)
for the purpose of carrying out of obligations imposed on him (her) and for protection
of the rights of individuals, organizations, public and state interests.
3. The court jurisdiction provided by the Law may be changed for no one, without
his (her) agreement.
4. Court shall be obliged to explain the right provided by part five of Article
683 of this Code to a legal representative of the person in respect of whom the
proceeding on the case on administrative infraction is conducted or injured party being
minors or those deprived of a possibility to exercise own rights according to own
physical or mental condition.
Section 2. ADMINISTRATIVE INFRACTION AND ADMINISTRATIVE
LIABILITY
GENERAL PART
Chapter 3. ADMINISTRATIVE INFRACTION
Article 25. Administrative infraction 1. Administrative infraction shall be recognized as an illegal, guilty
(intentional or careless) action or omission of an individual or illegal action or
omission of a legal entity for which this Code provides the administrative liability.
2. Administrative liability for infractions provided by Articles of the Special
part of this Code shall occur if these infractions upon own character do not entail
criminal liability in accordance with the legislation.
Article 26. Commission of administrative infraction
intentionally
Administrative infraction shall be recognized committed intentionally, if the
individual that committed it realized illegal character of own action (omission),
foresaw its harmful consequences and wished or admitted consciously occurrence of these
circumstances or referred to them indifferently.
Article 27. Commission of administrative infraction carelessly Administrative infraction shall be recognized committed carelessly, if the
individual that committed it foresaw a possibility of occurrence of harmful consequences
of own action (omission), but relied lightmindedly on their prevention without
sufficient grounds or did not foresee the possibility of occurrence of such
consequences, however upon proper attention and foresight should and could foresee them.
Chapter 4. ADMINISTRATIVE LIABILITY
Article 28. Persons subjected to administrative liability
They are shall be subject to administrative liability:
1) mentally competent individual that up to the date of completion or suppression
of an administrative infraction attained sixteen years;
2) legal entity.
Article 29. Legal insanity
Individual that during commission of illegal action provided by this Code was in a
condition of insanity, in other words could not realize actual character and danger of
own actions (omission) or manage by them due to chronicle mental disease, temporary
mental disorder, feeblemindedness or other diseased mental state shall not be subject to
administrative liability.
Article 30. Administrative liability of civil servants
Civil servant shall be brought to administrative liability upon condition of
commission of administrative infraction due to non-fulfillment or improper fulfillment
of the official obligations. In the absence of this circumstance, the civil servant
being guilty in commission of administrative infraction shall be subject to liability on
a common basis.
Note. Civil servants in this Code shall be recognized as persons that carrying out
or carried out the functions of a public officer permanently, temporary or on a special
power up to the date of commission of administrative infraction or performing or
performed organizational management or administrative economic functions in the state
institutions, subjects of quasi-public sector, bodies of local self-government up to the
date of commission of administrative infraction.
Article 31. Special aspects of administrative liability upon
fixation of infraction by special technical means
1. In case of fixation of administrative infraction by certified special
monitoring and test technical means and devices, the possessors (owners) of transport
vehicles shall be brought to administrative liability for administrative infractions in
the field of road traffic.
2. Possessor (owner) of a transport vehicle shall be released from administrative
liability for infractions committed with participation of this transport vehicle, if in
the course of inspection upon his (her) message or application the person in possession
of which it was at the moment of fixation of the infraction is established or it was
withdrawn in a result of illegal actions of other persons.
Note.
Owners of transport vehicles in Articles of this Code shall be recognized as
individuals owning the transport vehicle on the basis of the right of ownership, as well
as individuals to whom the transport vehicles belonging to individuals and legal
entities are transferred in temporary possession and use.
Certified special monitoring and test technical means and devices in Articles of
this Code shall be regarded as technical means and devices of supervision and fixation
of infractions, that passed metrological testing, photo-, video equipment, fixing a fact
and time of committing the infraction, type, brand, state registration number plate, as
well as speed and moving direction of the transport vehicle.
Article 32. Administrative liability of a military servant,
prosecutor and other persons to which the force of disciplinary
charters or special provisions is applied for commission of
administrative infractions by them
1. Military servants and draftees being at military trainings shall bear liability
for administrative infractions committed upon fulfillment of official publication
according to disciplinary charters, with the exception of cases provided by Articles 652
and 680 of this Code. Servants of special state and law enforcement bodies for
administrative infractions committed upon fulfillment of official obligations shall bear
liability in accordance with the regulatory legal acts regulating the order of servicing
in the relevant bodies.
2. For violation of regime of the State border of the Republic of Kazakhstan,
regime in point of passage across the State border of the Republic of Kazakhstan and
customs border of the Customs Union, legislation of the Republic of Kazakhstan in the
scope of protection of the state secrets, sanitary epidemiological welfare of
population, requirements of fire security, traffic rules, customs rules outside the
service place, legislation of the Republic of Kazakhstan on business accounting and
financial reporting, budget and tax legislation of the Republic of Kazakhstan,
legislation of the Republic of Kazakhstan on state procurements, rules of hunting,
fishing, other rules and norms of rational use and protection of natural resources of a
person mentioned in a part one of this Article, shall bear administrative liability on
common basis. Administrative sanctions in the form of deprivation of the right of
bearing and keeping firearms and cold arms and administrative arrest may not be applied
in respect of mentioned persons.
3. Administrative sanction in the form of administrative fine may not be applied
to military servants doing active military service, and cadets of military and special
educational institutions.
4. Bodies (civil servants) provided by the right to impose administrative
sanctions instead of imposing administrative sanctions to the persons mentioned in parts
one and three of this Article shall transfer materials on infractions to the relevant
bodies for resolution of the issue on bringing guilty persons to disciplinary liability.
Footnote. Article 32 as amended by the Laws of the Republic of Kazakhstan dated
07.11.2014 No. 248-V (shall be enforced from 01.01.2015); dated 29.12.2014 No. 272-V
(shall be enforced from 01.01.2015).
Article 33. Administrative liability of private notaries,
judicial enforcement agent, defence attorneys, individual
entrepreneur and legal entities 1. Private notaries, private officers of justice, defence attorneys, individual
entrepreneurs and legal entities shall be subject to administrative liability for
administrative infraction in cases provided by the Special part of this section.
2. Individual entrepreneur and legal entities shall be subject to administrative
liability for administrative infraction, if the act (action or omission) provided by the
Special part of this section was committed, sanctioned, approved by the body, person
carrying out the management functions of individual entrepreneur or legal entity
performing organizational and management or administrative and economic functions.
3. Structural subdivisions of a legal entity that are indepennotificationdent tax
payers and that committed administrative infractions in the field of tax assessment and
customs affairs shall bear administrative liability as legal entities.
4. Bringing of individual entrepreneurs and legal entities to administrative
liability shall release a worker of the individual entrepreneur and legal entity from
administrative infraction for such infraction.
Article 34. Administrative liability of foreign persons,
foreign legal entities and stateless persons 1. Foreign persons, foreign legal entities, their branches and representatives and
stateless persons that committed administrative infractions in a territory of the
Republic of Kazakhstan, as well as in a continental shelve of the Republic of Kazakhstan
shall be subject to administrative liability on common basis.
2. Structural subdivisions (branches and representatives) of foreign and
international non-profit non-governmental associations shall bear administrative
liability for the breach of the legislation of the Republic of Kazakhstan on public
associations as legal entities.
3. The issue on administrative liability for administrative infractions committed
in a territory of the Republic of Kazakhstan by diplomatic representatives of foreign
states and other foreign persons that enjoy immunities shall be resolved in accordance
with the rules of international law.
Chapter 5. CIRCUMSTANCES EXCLUDING ADMINISTRATIVE
LIABILITY
Article 35. Necessary defence
1. Commission of act provided by this Code in a condition of necessary defence,
i.e. upon defence of a person, dwelling place, property, land field and other rights of
defender or other persons, interests of a society of the state protected by the Law from
illegal offences by infliction of harm to offender, if there are no exceeding limits of
necessary defence, shall not be administrative infraction.
2. All the persons shall have the right to necessary defence in equal measure
independent from their professional or other special training and service position. This
right shall belong to a person independent from a possibility to avoid illegal offence
or request assistance from other persons or state bodies.
3. Exceeding limits of necessary defence shall be recognized as obvious non-
conformance of defence to character and level of hazard of the offence, in a result of
which the obviously excessive harm not caused by a situation is inflicted to offender.
Such excess shall entail administrative liability only in cases of intended infliction
of the harm.
4. The persons that exceeded the limits of necessary defence due to fear, fright
or confusion caused by illegal offence shall not be subject to administrative liability.
Article 36. Detention of a person that committed offence
1. Commission of act provided by this Code upon detention of a person that
committed illegal offence for bringing of this person to the state bodies and
suppression of a possibility of committing new offences by him (her) shall not be
recognized as administrative infraction, if there are no other opportunities to detain
such person by other means and if there are no exceeding limits required for these
measures.
2. Exceeding measures required for detention of a person that committed offence
shall be recognized as their obvious non-conformance to character and level of hazard of
the offence committed by the detained person and to circumstances of detention, when the
obviously exceeding harm not caused by situation is inflicted in respect of the persons
without necessity. Such exceeding shall entail administrative liability only in cases of
intentional infliction of harm.
3. Injured parties and other individuals shall have the right to detain a person
that committed offence, together with the specially authorized persons.
Article 37. Extreme necessity
1. Infliction of harm to interests protected by this Code in a condition of
extreme necessity, i.e. for elimination of hazard threatening directly to life, health,
rights and legal interests of such person or other persons, interests of a society or
the state, if this hazard might not be eliminated by other means and by this if there
are no exceeding limits of extreme necessity shall not be recognized as administrative
infraction.
2. Exceeding limits of extreme necessity shall be recognized as infliction of harm
obviously not conformed to character and level of threatened danger and situation, in
which the danger was eliminated when the harm equally or more essential that eliminated
was inflicted to the interests protected by the Law. Such exceeding shall entail
liability only in cases of intentional infliction of harm.
Article 38. Physical or psychic compulsion
1. Commission of the act provided by this Code in a result of physical or psychic
compulsion, if due to such compulsion the person might not manage own actions (omission)
shall not be recognized as administrative infraction.
2. Issue on administrative liability for infliction of the harm to interests
protected by the Code in a result of psychic compulsion, as well as in a result of
physical compulsion due to which the person preserved a possibility to manage own
actions, shall be resolved in consideration of provisions of Article 37 of this Code.
Article 39. Execution of an order or regulation
1. Commission of the act provided by this Code by a person that acted for
executing compulsory order or regulation shall not be recognized as administrative
infraction. The person that gave illegal order or regulation shall bear administrative
liability for commission of such act.
2. Persons that committed intentional administrative infraction for execution of
knowingly illegal order or regulation shall bear administrative liability on common
basis. Non-execution of knowingly illegal order or regulation shall exclude the
administrative liability.
Chapter 6. ADMINISTRATIVE SANCTION AND MEASURES OF
THE STATE LEGAL EFFECT
Article 40. Definition and purposes of administrative sanction
1. Administrative sanction is a measure of the state enforcement applied by the
judge, bodies (civil servants) authorized by the Law for commission of administrative
infraction, and consists in deprivation or restriction of the rights and freedoms of a
person that committed such infraction provided by this Code.
2. Administrative sanction shall be applied for the purpose of education of a
person that committed infraction, in the spirit of compliance with requirements of the
legislation and respect of a legal order, as well as prevention of committing new
infractions as the offender himself (herself), so by other persons.
3. Administrative sanction shall not be aimed at infliction of physical suffers to
a person that committed administrative infraction, or degrading his (her) human dignity,
as well as infliction of the harm to business reputation of a legal entity.
4. Administrative sanction shall not be the means of compensation for the property
damage. Harm inflicted by the administrative infraction shall be compensated in the
manner provided by Article 59 of this Code.
Article 41. Types of administrative sanctions
1. The following administrative sanctions may be applied for commission of
administrative infractions:
1) notification;
2) administrative fine;
3) confiscation of a subject being a tool or subject of committing administrative
infraction, and equally the property received due to commission of the administrative
infraction;
4) deprivation of a special right;
5) deprivation of permission or suspension of its validity, as well as exclusion
from register;
6) suspension or prohibition of the activity;
7) compulsory demolition of the built structure or the structure under
construction on illegal basis;
8) administrative arrest;
9) administrative expulsion of a foreign person or stateless person beyond the
borders of the Republic of Kazakhstan.
2. For commisrepeatedly second time second timesion of administrative infractions
to the legal entities, the administrative sanctions listed in subparagraphs 1) – 5) and
7) of a part one of this Article, as well as suspension or prohibition of activity or
separate types of activity of a legal entity may be applied.
Article 42. Main and additional measures of
administrative sanctions 1. Caution, administrative fine, administrative arrest may be applied only as main
administrative sanctions.
2. Deprivation of a special right, deprivation of permission or suspension of its
validity, as well as exclusion from register, suspension or prohibition of the activity
or its separate types, as well as administrative expulsion of foreign persons or
stateless persons beyond the borders of the Republic of Kazakhstan may be applied as
main, so additional administrative sanctions.
3. Confiscation, compulsory demolition of the built structure or the structure
under construction on illegal basis may be applied only as additional administrative
sanction.
Article 43. Notification
Notification consists of official giving of negative evaluation of committed
infraction by the body (civil servant) authorized to impose administrative sanction and
of warning an individual or legal entity on inadmissibility of unlawful behavior.
Notification shall be delivered in written form.
Article 44. Administrative fine
1. Administrative fine (hereinafter – fine) is a money recovery imposed for
administrative infraction in cases and limits provided in Articles of the Special part
of this section, in amount being relevant to particular quantity of monthly calculation
index established in accordance with the Law acting up to the date of initiation of a
case on administrative infraction.
In cases provided in Articles of the Special part of this section, the amount of
fine shall be expressed in percentage from:
1) a sum of environmental damage;
2) sum of non-fulfilled or fulfilled improperly tax obligation;
3) sum of unpaid (non-transferred), untimely and (or) incompletely paid
(transferred) social expenditures;
4) sum of non-transferred, untimely and (or) incompletely calculated, dedicated
(accrued) and (or) paid (transferred) compulsory pension contributions and compulsory
professional pension contributions;
5) sum of a cost of sub-excise goods received in a result of illegal
entrepreneurship;
6) sum being unaccounted in accordance with requirements of the legislation of the
Republic of Kazakhstan on business accounting and financial reporting or properly
accounted;
7) sum of a transaction (operation) consummated (conducted) with the violation of
the financial legislation of the Republic of Kazakhstan;
8) sum of income (profit) received in a result of carrying out of monopolistic
activity or breach of the legislation of the Republic of Kazakhstan on electric power
industry, on natural monopolies and regulated markets, legislation of the Republic of
Kazakhstan regulating activity of a financial market and financial organizations;
9) cost of energy resources used in excess of approved normative standards for the
period in which the infraction is occurred, but no more than for one year;
10) sum of non-accepted national and foreign currency.
If in provided Articles of the Special part of this section, the amount of fine is
expressed in percentage from a sum of operation conducted with violation of the rules of
financial legislation of the Republic of Kazakhstan, and such operation is conducted in
a foreign currency, the recount of a sum of fine in tenge shall be carried out according
to official exchange rate established by the National Bank of the Republic of Kazakhstan
up to the date of drawing up a protocol on administrative infraction.
2. Amount of fine imposed on an individual may not exceed five hundred monthly
calculation indices.
Amount of fine imposed on a civil servant, private notary, private officer of
justice, defence attorney, subjects of small entrepreneurship, as well as non-commercial
organizations may not exceed seven hundred fifty monthly calculation indices.
Amount of fine imposed on subjects of medium entrepreneurship may not exceed one
thousand monthly calculation indices.
Amount of fine imposed on subjects of large entrepreneurship may not exceed two
thousand monthly calculation indices.
3. Fine calculated in accordance with item two of a part one of this Article may
be established in amounts exceeding or less than established amounts of fines mentioned
in this Article.
4. Fine shall be recovered to the revenue side of the state budget in the manner
established by the legislation, with the exception of fines imposed by akims of cities
of district significance, villages, rural settlements, rural districts in accordance
with Article 729 of this Code.
Footnote. Article 44 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 271-V (shall be enforced from 01.01.2015).
Article 45. Confiscation of a subject being a tool or subject
of committing administrative infraction, as well as property
received due to commission of administrative infraction 1. Confiscation of a subject being a tool or subject of committing administrative
infraction, as well as property received due to commission of administrative infraction
consists in their compulsory non-repayable conversion into the ownership of the state in
the manner established by the legislation.
Withdrawal of s subject subjected to return to the owner from illegal possession
of a person that committed administrative infraction or withdrawn from turnover shall
not be recognized as confiscation. Subject withdrawn from the turnover shall be subject
to conversion into the ownership of the state or destruction.
2. Only the subject being a property of a violator shall be subject to
confiscation, unless otherwise provided by the Special part of this Code.
3. Confiscation of hunting weapon, ammunition to it and other permitted hunting
and fishing tools may not be applied to persons for which the hunting (fishery) is a
main legal source of living.
4. Confiscation shall be applied by a judge and may be imposed in cases when it is
provided by the relevant Article of the Special part of this section as the
administrative sanction.
Article 46. Deprivation of a special right
1. Deprivation of a special right provided to particular person shall be applied
by a judge.
2. Term of deprivation of a special right may not be less than one month and more
than two years.
3. The term for deprivation of the right to operate transport vehicles may not be
less than six months and more than ten years.
4. Deprivation of the right to operate transport vehicles may not be applied to
persons that use these vehicles due to disability, with the exception of cases of
avoiding pass of certification of the state of intoxication in the established manner,
as well as leaving a scene of a traffic accident by mentioned persons in violation of
established rules the participants of which they were.
5. Deprivation of the right of hunting, fishing, keeping and bearing hunting
weapon, ammunition to it and fish-tackles may not be applied to persons for whom the
hunting (fishery) is a main legal source of living, with the exception of systematic
violation of the order of using this right.
Article 47. Deprivation of permission or suspension of its
validity, as well as exclusion from register
1. Deprivation of permission shall be imposed by a judge for administrative
infraction committed upon carrying out of the activity of commission of determined
actions (operations) provided by the permission considering the provisions of parts
three, four and five of this Article.
2. Suspension of validity of permission shall be established for a term up to six
months.
3. Suspension or deprivation of permission for carrying out the activity in a
financial scope and activity linked with concentration of financial resources, with the
exception of deprivation of permission of a credit bureau shall be carried out by the
National Bank of the Republic of Kazakhstan on the grounds and in the manner established
by the Laws of the Republic of Kazakhstan.
4. Exclusion from register shall be carried out by the authorized body in the
scope of the customs affairs on the grounds and in the manner established by the customs
legislation of the Republic of Kazakhstan, and authorized body in the field of transport
and communications, as well as authorized body on safety ensuring of road traffic on the
grounds and in the manner established by the legislation of the Republic of Kazakhstan
in the field of road traffic safety.
5. Exclusion from register of microfinance organizations shall be carried out by
the National Bank of the Republic of Kazakhstan on the grounds and in the manner
established by the legislation of the Republic of Kazakhstan on microfinance
organizations.
Note. For the purpose of this Code, the deprivation of permission or suspension of
its validity is the deprivation of a license, special permission, qualification
attestation (certificate), or suspension of its validity for a particular type of
activity or commission of particular action, as well as another permission document
provided by the Law of the Republic of Kazakhstan “On permissions and notifications”.
Article 48. Suspension or prohibition of activity
or its separate types 1. Suspension or prohibition of activity or its separate types consists in
temporary termination of the activity of prohibition of activity or its separate types
of individuals and (or) legal entities, as well as branches, representatives, structural
subdivisions of legal entities, production areas, as well as operation of aggregates,
buildings and structures, carrying out of separate types of activity (work), rendering
of services.
2. Suspension or prohibition of activity or its separate types shall be carried
out inly in a judicial proceeding on the basis of materials of the body (civil servant)
authorized to consider the cases on administrative infractions, if for commission of
administrative infraction it is possible to impose sanctions in the form of suspension
or prohibition of the activity. Consideration of such cases by the court shall be
carried out within ten days.
3. Suspension of activity or its separate types shall be established by the court
for a term up to three months.
4. Before consideration of the case in court, the measure of ensuring in the form
of suspension or prohibition of the activity or its separate types may be applied to an
individual or legal entity in the manner provided by Article 801 of this Code. In this
case, the term of suspension or prohibition of the activity or its separate types shall
be included into the term of suspension or prohibition of the activity or its separate
types if this measure of administrative sanction will be applied by the court.
Article 49. Compulsory demolition of the built structure or the
structure under construction on illegal basis
Compulsory demolition of the built structure or the structure under construction
on illegal basis shall be imposed by a judge in cases provided by Articles of the
Special part of this section.
Article 50. Administrative arrest
1. Administrative arrest shall be established for a term up to thirty days, and
for violation of requirements of emergency regime – up to the term of five days.
Administrative arrest shall be imposed by a judge in exclusively cases within the limits
provided in Articles of the Special part of this section.
2. Administrative arrest may not be applied to pregnant women and women having
children at the age up to fourteen years, to the persons that did not attain eighteen
years, to disabled persons of the groups I and II, as well as to women at the age over
fifty right years and to men over sixty three years.
3. Term of administrative detention shall be included into the term of
administrative arrest.
Footnote. Article 50 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 51. Administrative expulsion of foreign persons
or stateless persons beyond the borders of the
Republic of Kazakhstan 1. Administrative expulsion of foreign persons or stateless persons beyond the
borders of the Republic of Kazakhstan shall be applied by a judge as a measure of
administrative sanction in the manner and on the grounds that are provided by the
Special part of this Code.
Provisions of this part shall not apply to the cases of expulsion of foreign
persons or stateless persons carried out in the manner provided by the civil procedural
legislation of the Republic of Kazakhstan.
2. In case if in the course of administrative proceeding, the person in respect of
whom the measure of administrative sanction in the form of administrative expulsion
beyond the borders of the Republic of Kazakhstan may be applied, informs on committed
act in respect of him (her) recognized as grave or especially grave crime in accordance
with the Criminal Code of the Republic of Kazakhstan, the consideration of a case on
administrative infraction in respect of this person shall be postponed until making
decision on a message or application I the manner established by Article 179 of the
Criminal procedural code of the Republic of Kazakhstan.
Article 52. Measures of administrative legal effect
1. The following measures of administrative legal effect may be applied to the
person that committed administrative infraction for the purpose of prevention of
committing new infractions by this person:
1) inspection of knowledge of traffic rules;
2) establishment of special requirements to behavior of an offender.
2. Measures of administrative legal effect mentioned in a part one of this Article
may be applied together with imposition of administrative sanction, so instead of it
upon release of a person that committed administrative infraction from administrative
liability on the ground provided by Article 64 of this Code.
Footnote. Article 52 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 53. Inspection of knowledge of traffic rules Drivers of transport vehicles that committed infractions provided by Articles 590
(part ten), 591 (part two), 592 (part four), 593 (part eight), 594 (part four), 595
(part four), 595 (part four), 597 (parts five and six), 598 (part three), 599 (part
two), 600 (part two), 601 (part two), 602 (part two), 613 (part thirty) of this Code,
shall be directed to exam for inspecting knowledge of traffic rules.
Regulations on direction for inspecting knowledge of traffic rules shall be issued
by the bodies (civil servants) being authorized to consider the cases on administrative
infractions provided by mentioned Articles of this Code.
Article 54. Establishment of special requirements to
behavior of an offender
1. Upon consideration of a case on administrative infraction upon a petition of
participants of a proceeding on the case on administrative infraction and (or) internal
affairs bodies, the court may establish special requirements to behavior of a person
that committed administrative infraction provided by Articles 73, 128, 131, 436, 442,
461 of this Code for a term from three months up to one year fully or separately
providing a prohibition to:
1) seek, persecute, visit the injured party, hold oral, telephone negotiations and
come in contact with him (her) by other methods including minors and (or) his (her)
disabled family members;
2) acquire, store, carry and use firearms and other types of weapons;
3) minors to visit particular places, go to other locations without permission of
a commission on protection of the rights of minors.
2. Upon establishment of special requirements to behavior of a person that
committed administrative infraction in the scope of family relations, for the purpose of
protection and defence of an injured party and his (her) family members, in exclusive
cases, the court shall have the right to apply a measure of administrative legal effect
in the form of prohibition for the person that committed domestic violence to reside in
individual residential house, flat or another dwelling place with the injured party in
case if this person has another dwelling place for the term up to thirty days.
3. Within the validity term of special requirements to behavior of an offender, he
(she) may be imposed by obligations to come to internal affairs bodies for a
prophylactic conversation from one up to four times per month.
Chapter 7. IMPOSITION OF ADMINISTRATIVE SANCTION
Article 55. Common rules of imposing a sanction for
administrative infraction 1. Administrative sanction for administrative infraction shall be imposed within
the limits provided in Article of the Special part of this section for this
administrative infraction in a precise conformance to provisions of this Code.
2. Administrative sanction shall be fair, conforming to the character of an
infraction, circumstances of its commission, personality of an offender.
3. Upon imposition of administrative sanction on an individual, the character of
committed administrative infraction, personality of a guilty person, as well as his
(her) behavior before and after commission of the infraction, material status,
circumstances mitigating and aggravating liability shall be considered.
4. Upon imposition of administrative sanction on a legal entity, the character of
administrative infraction, material status, circumstances mitigating and aggravating
liability shall be considered.
5. Imposition of administrative sanction shall not release a person from
fulfillment of the obligation, for non-fulfillment of which the mentioned sanction was
imposed, elimination of committed violations and compensation for harm.
6. One main or main and supplementary administrative sanction may be imposed for
one administrative infraction.
Article 56. Circumstances mitigating liability for
administrative infraction
1. Circumstances mitigating liability for administrative infraction shall be
recognized as:
1) penitence of a guilty person;
2) prevention of harmful consequences of an infraction by a person that committed
the administrative infraction, voluntary compensation for harm or elimination of
inflicted harm;
3) commission of administrative infraction under the influence of intense
emotional excitement or upon coincidence of grave personal or family circumstances;
4) commission of administrative infraction by a minor;
5) commission of administrative infraction by a pregnant woman or woman having a
child at the age up to fourteen years;
6) commission of administrative infraction in a result of physical or psychic
compulsion;
7) commission of administrative infraction upon violation of conditions of the
legality of necessary defence, detention of a person that committed illegal offence,
execution of an order or regulation;
8) commission of administrative infraction carelessly for the first time.
2. Court (judge), body (civil servant) considering the case on administrative
infraction may also recognize the circumstances not mentioned in a part one of this
Article as mitigating.
Article 57. Circumstances aggravating liability for
administrative infractions
Circumstances aggravating liability for administrative infractions shall be
recognized as:
1) continuation of offending behavior in spite of explanation of the Law by a
prosecutor and (or) requirement of the authorized persons to terminate it;
2) repeated commission of homogeneous administrative infraction within a year, for
which the person was already subject to administrative sanction, on which the term
provided by Article 61 of this Code is not expired;
3) involvement of a minor in administrative infraction;
4) involvement of persons that knowingly for a guilty person suffer from severe
mental disease, or the persons that did not attain the age of administrative liability
in commission of administrative infraction;
5) commission of administrative infraction based on national, racial and religion
hatred or enmity, based on revenge for legal actions of other persons, as well as for
the purpose of hiding other infraction or simplify its commission;
6) commission of administrative infraction in respect of a person or his (her)
close relatives due to performance of official, professional or public duty by this
person;
7) commission of administrative infraction in respect of a woman being pregnant
knowingly for a guilty person, as well as in respect of an infant, other defenceless or
helpless person or a person being in dependence from the guilty person;
8) commission of administrative infraction by group of persons;
9) commission of administrative infraction in conditions of natural disaster or
upon other cases of emergency;
10) commission of administrative infraction in a condition of alcohol, drug or
substance abuse intoxication. Court (judge), body (civil servant) imposing the
administrative sanction may not to recognize this circumstance as aggravating depending
on a character of administrative infraction.
Article 58. Imposition of administrative sanctions upon
commission of several administrative infractions
1. Upon commission of two or more administrative infractions by one person, the
administrative sanction shall be imposed for each infraction separately.
2. If the person committed several administrative infractions that are considered
by one and the same judge, body (civil servant), then in case of imposition of one and
the same type of sanction on this person, the final size of the sanction may not exceed
three-stage maximum limit established by this Code for this type of sanction, and the
administrative arrest may not exceed the term established by a part one of Article 50 of
this Code.
3. In case if administrative fines are expressed in percentage from a sum of non-
fulfilled or fulfilled improperly tax obligations established by the legislative acts,
during their imposition for commission of several administrative infractions, the fine
shall be recovered for each administrative infraction separately.
Footnote. Article 58 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 59. Compensation for harm inflicted by
administrative infraction
1. Judge upon consideration of a case on administrative infraction which inflicted
the property damage, upon solution of the issue on imposition of administrative sanction
shall recover the same damage at one time, if there is no dispute on its size.
Disputes on a size of property damage inflicted by administrative infraction shall
be considered in the manner of civil proceeding.
2. Compensation of property damage on affairs on administrative infractions being
considered by other authorized bodies (civil servants) in case of refusal of a guilty
person from his (her) voluntary compensation shall be performed in the manner of civil
proceeding.
3. Requirements on protection of business reputation or compensation for moral
damage inflicted by administrative infraction shall be considered in the manner of civil
proceeding on the grounds provided by the Civil Code of the Republic of Kazakhstan.
Article 60. Calculation of terms of administrative sanction Term of administrative arrest shall be calculated in days, and deprivations of a
special right provided to an individual or legal entity, as well as deprivations of
permission or suspension of its validity shall be calculated in years, months or
calendar days.
Article 61. Term within which the person is considered as
subjected to administrative sanction
Person on which the administrative sanction is imposed for administrative
infraction shall be considered as subjected to this sanction within a year from the date
of completion of execution of a decree on imposition of the administrative sanction.
Chapter 8. RELEASE FROM ADMINISTRATIVE LIABILITY AND
DAMINISTRATIVE SANCTION
Article 62. Release from administrative liability due to
expiration of limitation period 1. Person shall not be subject to bringing to administrative liability upon expiry
of two months from the date of commission of administrative infraction, and for
commission of administrative infraction in the field of environmental protection- upon
expiry of one year from the date of its commission, except for the cases provided by
this Code.
2. Individual shall not be subject to bringing to administrative liability for
commission of administrative corruption infraction, as well as infraction in the field
of tax assessment, scope of the customs affairs, legislation of the Republic of
Kazakhstan on pension benefits, on compulsory social insurance, on energy saving and
increase of energy sufficient, on state secrets, natural monopolies and regulated
markets and anti-monopoly legislation upon expiry of one year from the date of its
commission, and legal entity (as well as individual entrepreneur) shall not be subject
to bringing to administrative liability for commission of the administrative corruption
infraction, as well as infractions in the field of the legislation of the Republic of
Kazakhstan on energy saving and increase of energy efficiency upon expiry of three years
from the date of its commission, and for infraction in the field of tax assessment,
scope of the customs affairs, legislation of the Republic of Kazakhstan on pension
benefits, on compulsory social insurance, natural monopolies and regulated markets and
antimonopoly legislation – upon expiry of five years from the date of its commission.
3. Upon continuing administrative infraction, as well as upon commission of the
administrative infraction in the field of budget relations infringing interests of
society and the state protected by the Law, the person shall not be subjected to
bringing to administrative liability upon expiry of two months from the date of
detection of the administrative infraction.
Upon commission of administrative infraction in the field of finances, the person
shall be subject to bringing to administrative liability no later than five years from
the date of commission of the administrative infraction, but may not be brought to
administrative liability upon expiry of two months from the date of detection of
administrative infraction.
4. Provisions of parts one and three of this Article shall not apply to the cases
when the administrative infraction promotes committing criminal infraction and it
becomes known in the course of investigation or judicial consideration of the criminal
case. In the manner provided by a part one of Article 405 of the Criminal Procedural
Code of the Republic of Kazakhstan, the court shall have the right to impose
administrative sanction on a person being guilty in such infraction, if from the date of
commission of administrative infraction no more than one year has passed.
5. Running of the term of imposing administrative sanction for administrative
infraction shall be suspended from the date of appointment of an examination, as well as
directing a case in judicial instances or to civil servant of the state body authorized
to consider the cases on administrative infractions.
Calculation of these terms shall be renewed from the date of receipt of the
results of the examination.
6. In case of termination of a criminal case in existence of signs of
administrative infraction in actions of an offender, the person may be brought to
administrative liability no later than three months from the date of receipt of decision
on its termination.
7. Running of the term of imposing a sanction for administrative infraction shall
be interrupted, if until expiration of the terms mentioned in parts one and three of
this Article the person commits new administrative infraction. Calculation of the term
in these cases shall begin from the date of detection of new administrative infraction.
8. Decree of a judge or authorized body on termination of administrative
proceeding independent from the term provided in a part one of this Article, may be
reconsidered upon a protest of a prosecutor within year from the date of its entering
into legal force.
Note. Continuing infraction shall be recognized as infraction that is
characterized by continuous carrying out of one element of certain act provided by
Article of the Special part of this section, and not completed up to the date of its
detection.
Article 63. Release from administrative liability and
administrative sanction based on amnesty act
1. Person that committed administrative infraction may be released from
administrative liability or imposed administrative sanction on the basis of amnesty act,
if this act removes applying of the administrative sanction.
2. Amnesty act shall be issued by the Parliament of the Republic of Kazakhstan in
respect of individually indefinite range of persons.
Article 64. Release from administrative liability due
to conciliation of parties
1. Cases on administrative infractions provided by Articles 73, 79 (part one),
146, 185, 186, 220, 229 (part two) of this Code shall be initiated not otherwise than
upon application of an injured party and shall be subject to termination due to his
(her) conciliation with a person that committed administrative infraction.
2. Conciliation shall be carried out on the basis of written agreement signed by
an injured party and the person that committed administrative infraction.
Chapter 9. ADMINISTRATIVE LIABILITY OF MINORS
Article 65. Administrative liability of minors 1. Minors to which the force of this chapter is applied shall be recognized as the
persons that at the time of commission of administrative infraction attained sixteen
years, but did not attain eighteen years.
2. Administrative sanction with application of the measures of educational
influence may be imposed on a minor that committed administrative infraction.
Article 66. Special aspects of applying administrative
sanctions to minors
1. Size of administrative fine imposed on a minor may not exceed ten monthly
calculation indices independently from size of the fine provided by Article of the
Special part of this section.
In the absence of property of the minor being sufficient for payment of the fine,
the fine shall be imposed on parents or persons substituting them.
2. Deprivation of a special right may be imposed on minors for the term no more
than one year.
3. Other types of administrative sanctions (with the exception of administrative
arrest), as well as measures of administrative legal effect mentioned in Articles 41 and
52 of this Code, shall be applied to minors on common basis.
Article 67. Imposition of administrative sanction on a minor
1. Upon imposition of administrative sanction on a minor, except for the
circumstances provided by Articles 56 and 57 of this Code, his (her) living conditions,
level of mental development, other special aspects of a personality, as well as
influence of elder persons on him (her) shall be considered.
2. Minority age as a mitigating circumstance shall be considered in case of
accumulation with other mitigating and aggravating circumstances.
Article 68. Release of minors from administrative liability
and administrative sanction Minor that for the first time committed administrative infracti8on may be released
by a court, body (civil servant) authorized to consider the cases on administrative
infractions from administrative liability or from fulfillment of imposed administrative
sanction with applying of measures of educational influence provided by the legislation.
Article 69. Measures of educational influence 1. The following measures of educational influence may be imposed to a minor:
1) explanation of the Law;
2) transfer under supervision of parents or persons substituting them, or special
state body;
3) imposition of the obligation to make up inflicted losses;
4) restriction of leisure time and establishment of special requirements to
behavior of a minor.
2. Several measures of educational influence may be imposed simultaneously on a
minor.
3. Term of applying a measure of educational influence provided by subparagraph 4)
of part one of this Article shall be established by a length up to three months.
4. In case of systematic non-fulfillment of a measure of educational influence by
a minor, provided by subparagraph 4) of part one of this Article, the special state body
shall represent materials in court for solution of the issue on cancellation of this
measure and bringing of the minor to administrative liability, if the limitation period
established by a part one of Article 890 of this Code is not expired.
Article 70. Content of measures of educational influence 1. Explanation of the Law consists of explanation of harm to a minor that
inflicted by his (her) act, and legal consequences of repeated commission of infractions
provided by this Code.
2. Transfer under supervision consists of imposition of the obligation on
educational influence to a minor and control of his (her) behavior on parents and
persons substituting them, or on special state body.
3. Obligation to make up inflicted losses shall be imposed in consideration of
material status of a minor and existence of the relevant work skills.
4. Restriction of a leisure time and establishment of special requirements to
behavior of a minor may provide a prohibition of visiting particular places, used of
particular forms of the leisure time, as well as linked with operating a transport
vehicle, restriction of staying outside home after particular time of day, departure to
other locations without permission of court or body (civil servant) authorized to
consider the cases on administrative infractions. In respect of a minor, the special
requirements to behavior of an offender provided by Article 54 of this Code may be
established, as well as requirement to complete education or to obtain employment with
help of the commission on protection of the rights of minors may be specified.
Article 71. Limitation periods Limitation periods provided by Article 62 of this Code, upon release of minors
from administrative liability or fulfillment of administrative sanction shall be reduced
by half.
Article 72. Term within which the minors is considered as
subjected to administrative sanction
Minor on which the administrative sanction is imposed for administrative
infraction shall be considered as subjected to this sanction within six months from the
date of completion of execution of a decree on imposition of administrative sanction.
SPECIAL PART
Chapter 10. ADMINISTRATIVE INFRACTIONS INFRINGING ON
PERSONAL RIGHTS
Article 73. Illegal actions in the scope of family relations 1. Abusive language, offensive annoyance, degrading, damage of domestic goods and
other actions expressing disrespect to the persons being in family relations with an
offender, violating their calm committed in an individual resident house, flat or
another dwelling place, if these actions do not contain signs of criminally punishable
act shall –
entail notification or administrative arrest for a term up to three days.
2. The actions provided by a part one of this Article, committed repeatedly second
time second time within a year after imposition of administrative sanction, –
shall entail administrative arrest for a term up to ten days.
3. The actions provided by a part two of this Article, committed by persons to
whom the administrative arrest in accordance with a part two of Article 50 of this Code
is not applied –
shall entail a fine in amount of five monthly calculation indices.
Note. Family relations for the purposes of this Code shall be understood as
relations between spouses, former spouses, persons residing or that resided jointly,
close relatives, persons having common child (children).
Article 74. Impeding to obtainment of a citizenship of
the Republic of Kazakhstan 1. Illegal actions (omission) of civil servants impeding obtainment of a
citizenship of the Republic of Kazakhstan by a person, shall –
entail a fine in amount of thirty monthly calculation indices.
2. The actions provided by a part one of this Article that committed repeatedly
second time within a year after imposition of administrative sanction –
shall entail a fine in amount of sixty monthly calculation indices.
Article 75. Liability for breach of the legislation of the
Republic of Kazakhstan on languages
1. Refusal of a civil servant in acceptance of documents, references of
individuals and legal entities, as well as their non-consideration in essence, reasoned
by lack of knowledge of a language –
shall entail a fine in amount of twenty monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall –
entail a fine in amount of forty monthly calculation indices.
3. Violation of requirements on placing requisites and visual information shall –
entail a notification.
4. The action provided by a part three of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall –
entail a fine on civil servants, subjects of small entrepreneurship or non-profit
organizations – in amount of ten, on subjects of medium entrepreneurship – in amount of
twenty, on subjects of large entrepreneurship – in amount of fifty monthly calculation
indices.
5. Restriction of rights of individuals in a choice of a language, discrimination
on language sings shall –
entail a fine on civil servants in amount of twenty monthly calculation indices.
6. The actions provided by a part five of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall –
entail a fine in amount of forty monthly calculation indices.
Article 76. Restriction of a right of movement and choice
of a residence place
Action (omission) of civil servants restricting a right of individuals to movement
and choice of a residence place (with the exception of frontier zones, forbidden zones
under arsenals, bases and depots of the Armed Forces of the Republic of Kazakhstan,
other forces and military formations of the Republic of Kazakhstan and forbidden
districts upon arsenals, bases and depots of the Armed Forces of the Republic of
Kazakhstan, other forces and military formations of the Republic of Kazakhstan and
separate locations in which the restrictions may be established by the Government of the
Republic of Kazakhstan), if this action (omission) does not contain signs of criminally
punishable action shall –
entail a fine in amount of thirty monthly calculation indices.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction shall
–
entail a fine in amount of sixty monthly calculation indices.
Article 77. Impeding to legal activity of public associations Impeding to legal activity of public associations by a civil servant with the use
of official position, and equally the interference in legal activity of these
associations committed by the civil servant with the use of own official position
entailing violation of their rights and legal interests shall –
entail a fine in amount of two hundred fifty monthly calculation indices.
Article 78. Refusal in representation of information
to an individual 1. Unlawful refusal in representation of documents, materials collected in
established manner directly concerning the rights and freedoms of an individual, or
representation of incomplete or knowingly misleading information to the individual, and
equally unlawful referring of public information to information with limited access
shall –
entail a fine on civil servants in amount of thirty calculation indices.
2. Commission of actions provided by a part one of this Article by a civil
servant, if these actions inflicted harm to rights and legal interests of individuals
shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 79. Breach of the legislation of the Republic of
Kazakhstan on personal data and their protection
1. Illegal collection and (or) processing of personal data shall –
entail a fine on individuals in amount of twenty, on civil servants, subjects of
small entrepreneurship or non-profit organization – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices, with a confiscation of subjects and
(or) tools of administrative infraction or without such.
2. The same acts committed by an owner, operator or third party with the use of
own official position shall –
entail a fine on individuals in amount of fifty, on civil servants, subjects of
small entrepreneurship or non-profit organization – in amount of seventy five, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices, with a
confiscation of subjects and (or) tools of administrative infraction or without such.
3. Non-compliance with measures on protection of personal data by an owner,
operator or third party shall –
entail a fine on individuals in amount of one hundred, on civil servants, subjects
of small entrepreneurship or non-profit organization – in amount of one hundred fifty,
on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices.
Article 80. Non-compliance with order, standards and
substandard rendering of medical assistance
1. Non-compliance with order, standards of rendering of medical assistance, non-
performance or improper performance of professional obligations by a medical worker due
to careless or unfair relation to them, if this did not entail infliction of harm to
health, shall entail a fine on individuals, civil servants in amount of ten, on subjects
of small entrepreneurship or non-profit organization – in amount of twenty five, on
subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of forty monthly calculation indices.
2. Acts provided by a part one of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine on individuals, civil servants in amount of twenty, on subjects of small
entrepreneurship or non-profit organization – in amount of fifty, on subjects of medium
entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount
of eighty monthly calculation indices.
3. Non-compliance with order, standards of rendering of medical assistance, non-
fulfillment or improper fulfillment of professional obligations by a medical worker due
to careless or unfair relation to them, if this entailed to infliction of light harm to
health shall entail a fine on individuals, civil servants in amount of forty, on
subjects of small entrepreneurship or non-profit organization – in amount of fifty, on
subjects of medium entrepreneurship – in amount of seventy five, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
4. Acts provided by a part three of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine on individuals, civil servants in amount of eighty, on subjects of small
entrepreneurship or non-profit organization – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices, with a
deprivation of a license and (or) of a specialist certificate or without such.
Article 81. Violation of the rules of issuing a note
or certificate on temporary incapacity for work by
a medical worker
1. Violation of the rules of issuing a note or certificate on temporary incapacity
for work by a medical worker shall entail a fine on individuals in amount of five, on
civil servants in amount of ten monthly calculation indices.
2. The same act committed repeatedly second time second time within a year after
imposition of administrative sanction shall entail a fine on individuals in amount of
ten, on civil servants in amount of twenty monthly calculation indices, with deprivation
of a specialist certificate or without such.
Article 82. Violation of the rules of selling medical products
and requirements for writing prescriptions established by the
legislation of the Republic of Kazakhstan by a medical worker
1. Violation of the rules of selling medical products and requirements for writing
prescriptions established by the legislation of the Republic of Kazakhstan by a medical
worker shall entail a fine on individuals in amount of five, on civil servants – in
amount of ten monthly calculation indices.
2. The same act committed repeatedly second time second time within a year after
imposition of administrative sanction shall entail a fine on individuals in amount of
ten monthly calculation indices with deprivation of a specialist certificate or without
such, on civil servants – in amount of twenty monthly calculation indices.
Article 82-1. Breach of the legislation of the Republic of
Kazakhstan on minimal social standards and their guarantees 1. Breach of the legislation of the Republic of Kazakhstan on minimal social
standards and their guarantees being expressed in non-fulfillment and (or) failure to
ensure minimal social standards, with the exception of cases provided by Articles 83,
84, 87, 89 and 91 of this Code shall –
entail a fine on civil servants in amount of twenty, on subjects of small
entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium
entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount
of one hundred monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine on civil servants in amount of forty, on subjects of small entrepreneurship or non-
profit organizations – in amount of sixty, on subjects of medium entrepreneurship – in
amount of eighty, on subjects of large entrepreneurship – in amount of one hundred
twenty monthly calculation indices.
Footnote. Chapter 10 is supplemented by Article 82-1 in accordance with the Law of
the Republic of Kazakhstan dated 19.05.2005 No. 315-V (shall be enforced upon expiry of
ten calendar days after the date of its first official publication).
Article 83. Breach of the legislation of the Republic of
Kazakhstan on social protection of disabled persons
1. Breach of the legislation of the Republic of Kazakhstan on social protection of
disabled persons committed in the form of:
1) failure to ensure access for disabled persons to objects of social and
transport infrastructure;
2) failure to ensure conditions for access for disabled persons to cultural
entertainment events;
3) failure to comply with obligations by an employer in the scope of employment
and professional rehabilitation of disabled persons from labour injury and (or)
professional disease received due to the fault of the employer shall –
entail a fine on civil servants in amount of fifty, on subjects of small
entrepreneurship – in amount of one hundred twenty, on subjects of medium
entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in
amount of four hundred monthly calculation indices.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction shall
entail a fine on civil servants in amount of eighty, on subjects of small
entrepreneurship – in amount of one hundred fifty, on subjects of medium
entrepreneurship – in amount of two hundred fifty, on subjects of large entrepreneurship
– in amount of six hundred monthly calculation indices.
Article 84. Breach of the legislation of the Republic of
Kazakhstan on special social services 1. Breach of the legislation of the Republic of Kazakhstan on special social
services committed in the form of:
1) violation of established terms for conducting assessment and determination of a
need in rendering of special social services, issuance of decision on rendering of a
guaranteed range of special social services;
2) failure to execute a decision on rendering of a guaranteed range of special
social services shall entail a fine on civil servants in amount of twenty, on subjects
of small entrepreneurship or non-profit organizations – in amount of thirty, on subjects
of medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship –
in amount of sixty monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine on civil servants in amount of thirty, on subjects of small entrepreneurship or
non-profit organizations – in amount of forty, on subjects of medium entrepreneurship –
in amount of fifty, on subjects of large entrepreneurship – in amount of eighty monthly
calculation indices.
Article 85. Divulgence of details by participants of mediation
became known in the course of mediation
1. Divulgence of details by participants of mediation became known in the course
of mediation without permission of a party that represented this information, if this
action does not contain signs of criminally punishable act shall entail a fine in amount
of twenty monthly calculation indices.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction shall
entail a fine in amount of sixty monthly calculation indices.
Article 86. Permit to work of a person without conclusion
of labour agreement
1. Permit to work of a person without conclusion of labour agreement by an
employer shall –
entail a fine on civil servants in amount of twenty, on subjects of small
entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium
entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount
of one hundred monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on civil servants in amount of forty, on subjects of small entrepreneurship or
non-profit organizations – in amount of sixty, on subjects of medium entrepreneurship –
in amount of eighty, on subjects of large entrepreneurship – in amount of one hundred
twenty monthly calculation indices.
3. The action provided by a part one of this Article committed in respect of
minors shall entail a fine on civil servants in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations – in amount of seventy, on subjects of
medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices.
4. Action (omission) provided by a part three of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction shall
entail a fine on civil servants in amount of seventy, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices with suspension
of licence validity.
Article 87. Violation of requirements on payment for labour 1. Non-payment of salary by an employer in a full measure and in terms established
by the labour legislation of the Republic of Kazakhstan, and equally non-charging and
non-payment of a late fee for the period of delay of payment due to the fault of the
employer shall entail a fine on civil servants in amount of twenty, on subjects of small
entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium
entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount
of one hundred monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on civil servants in amount of forty, on subjects of small entrepreneurship or
non-profit organizations – in amount of sixty, on subjects of medium entrepreneurship –
in amount of eighty, on subjects of large entrepreneurship – in amount of one hundred
twenty monthly calculation indices.
3. Violation of requirements of the labour legislation of the Republic of
Kazakhstan on payment of overtime work, work in public holidays and non-working days, as
well as payment for labour in night time shall entail a fine on civil servants in amount
of twenty, on subjects of small entrepreneurship or non-profit organizations – in amount
of forty, on subjects of medium entrepreneurship – in amount of sixty, on subjects of
large entrepreneurship – in amount of one hundred monthly calculation indices.
4. The actions provided by a part three of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction shall
entail a fine on civil servants in amount of forty, on subjects of small
entrepreneurship or non-profit organizations – in amount of sixty, on subjects of medium
entrepreneurship – in amount of eighty, on subjects of large entrepreneurship – in
amount of one hundred twenty monthly calculation indices.
Article 88. Failure to grant leaves
Failure to grant leaves within two years in a row by an employer shall entail a
fine on civil servants in amount of twenty, on subjects of small entrepreneurship or
non-profit organizations – in amount of forty, on subjects of medium entrepreneurship –
in amount of sixty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Article 89. Illegal excess of standard working time
1. Illegal excess of standard and reduced length of working time and daily work
(work shift) by an employer provided by the labour legislation of the Republic of
Kazakhstan shall entail a notification.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on civil servants in amount of forty, on subjects of small entrepreneurship or
non-profit organizations – in amount of sixty, on subjects of medium entrepreneurship –
in amount of eighty, on subjects of large entrepreneurship – in amount of one hundred
twenty monthly calculation indices.
Article 90. Admission of discrimination in the scope of labor
1. Admission of discrimination in the scope of labour by an employer expressed in
violation of the right of a worker to equal payment for equal labour shall entail a fine
on civil servants, subjects of small entrepreneurship or non-profit organizations – in
amount of thirty, on subjects of medium entrepreneurship – in amount of sixty, on
subjects of large entrepreneurship – in amount of one hundred monthly calculation
indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on civil servants, subjects of small entrepreneurship or non-profit organizations
in amount of sixty, on subjects of medium entrepreneurship – in amount of eighty, on
subjects of large entrepreneurship – in amount of one hundred twenty monthly calculation
indices.
3. Placement of information on vacancies for employment containing requirements of
a discriminatory character in the scope of labour by the authorized body on the issues
of employment, individual and legal entity rendering labour mediation, as well as
employer, shall entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices.
4. The action provided by a part three of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on individuals in amount of thirty, on subjects of small entrepreneurship or non-
profit organizations – in amount of fifty, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices.
Article 91. Breach of the legislation of the Republic of
Kazakhstan on pension benefits
1. Violation of order of concluding contracts on pension benefits on account of
compulsory pension contributions, compulsory professional pension contributions
(contracts on pension benefits on account of voluntary pension contributions), terms for
making pension payments, transfers and withdrawals established by the legislation of the
Republic of Kazakhstan on pension benefits by an integrative accumulative pension fund
(voluntary accumulative pension fund) shall entail a fine on legal entities in amount of
four hundred monthly calculation indices.
2. Non-presentation, untimely representation of details by an integrative
accumulative pension fund to the Centre for pension payment on contributors that joined
a contract on pension benefits on account of compulsory pension contributions,
compulsory professional pension contributions, and equally representation of inaccurate
details on mentioned contributors shall entail a fine on legal entities in amount of one
hundred monthly calculation indices.
3. Acts provided by a part two of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine on legal entities in amount of two hundred monthly calculation indices.
4. Non-fulfillment of obligations provided by the legislation of the Republic of
Kazakhstan on pension benefits, on pension payment in a full measure and in established
terms by civil servants of the Centre for pension payment shall entail a fine in amount
of one thirty monthly calculation indices.
5. Consummation of transactions and operations in breach of the legislation of the
Republic of Kazakhstan on pension benefits by an integrative accumulative pension fund
or voluntary accumulative pension fund shall entail a fine on legal entities – in amount
of four hundred monthly calculation indices.
6. Non-fulfillment or improper fulfillment of obligations by an individual,
individual entrepreneur, private notary officer, private officer of justice, attorney
for defence, legal entity provided by the legislation of the Republic of Kazakhstan on
pension benefits committed in the form of:
1) non-presentation of the lists of contributors of an integrative accumulative
pension fund to the state revenue body in favor of whom the debts on compulsory pension
contributions, compulsory professional pension contributions are recovered;
2) non-presentation of the settlements on calculated, dedicated (accrued) and
transferred sums of compulsory pension contributions, compulsory professional pension
contributions to the state revenue bodies in terms established by the legislation of the
Republic of Kazakhstan on pension benefits;
3) non-keeping of primary accounting of calculated, dedicated (accrued) and
transferred compulsory pension contributions, compulsory professional pension
contributions on each worker in accordance with the manner established by the
legislation of the Republic of Kazakhstan;
4) non-presentation of details to contributors on calculated, dedicated (accrued)
and transferred compulsory pension contributions, compulsory professional pension
contributions in terms established by the legislation of the Republic of Kazakhstan on
pension benefits;
5) non-transfer, untimely and (or) incomplete calculation, dedication (accrual)
and (or) payment (transfer) of compulsory pension contributions, compulsory professional
pension contributions in an integrative accumulative pension fund;
6) non-termination of all debit operations on cash register by order of the state
revenue bodies in cases provided by the legislation of the Republic of Kazakhstan on
pension benefits shall entail notification.
7. The act provided by a part six of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine on individuals in amount of ten, on subjects of small entrepreneurship or non-
profit organizations – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of fifty percent of
a sum of non-transferred, untimely and (or) incompletely calculated, dedicated (accrued)
and (or) paid (transferred) compulsory pension contributions, compulsory professional
pension contributions.
8. Non-fulfillment of obligations established by the legislation of the Republic
of Kazakhstan on pension benefits by banks and organizations carrying out separate types
of banking operations, committed in the form of:
1) failure to suspend debit operations on banking accounts of agents – legal
entities or individual entrepreneurs, private notary officers, judicial enforcement
agent and attorney for defence by order of the state revenue bodies in cases and in the
manner provided by the legislation of the Republic of Kazakhstan on pension benefits;
2) failure to transfer (failure to accrue), untimely transfer (later than the date
for commission of an operation on debiting money from banking accounts or the next date
for introduction of cash money to a bank or organization carrying out separate types of
banking operations) or admission of mistakes upon filling the details of a payment
document due to the fault of the bank or organization carrying out separate types of
banking operations, upon a transfer of a sum of compulsory pension contributions,
compulsory professional pension contributions and late fees to the Centre on pension
payment;
3) failure to execute collection orders of the state revenue bodies on recovery of
the sums of compulsory pension contributions, compulsory professional pension
contributions and late fees in the manner established by the legislation of the Republic
of Kazakhstan, shall entail a fine in amount of five percent of the sum of committed
debit operations on banking accounts of agents for the period of non-fulfillment of
obligations established by the legislation of the Republic of Kazakhstan on pension
benefits.
9. Announcement or publication of advertisement by an integrative accumulative
pension fund or voluntary pension fund in mass media that does not conform to actuality
for a date of publication shall entail a fine on legal entities in amount of two hundred
monthly calculation indices.
10. Non-conformance of investment declaration of a voluntary accumulative pension
fund to requirements provided by the legislation of the Republic of Kazakhstan on
pension benefits, to its content shall entail a fine on legal entities in amount of one
hundred monthly calculation indices.
11. Non-presentation, and equally repeatedly second time second time (two and more
times within twelve sequent calendar months) untimely representation of details or
another requested information by an integrative accumulative pension fund or voluntary
accumulative pension fund, founders (shareholders) of voluntary accumulative pension
fund and (or) its affiliated persons shall entail a fine on individuals in amount of one
hundred, on legal entities – in amount of two hundred monthly calculation indices.
12. Representation of inaccurate, and equally incomplete reporting, details or
another requested information by an integrative accumulative pension fund or voluntary
accumulative pension fund, founders (shareholders) of voluntary accumulative pension
fund and (or) its affiliated persons, shall entail a fine on individuals in amount of
one hundred, on legal entities – in amount of two hundred monthly calculation indices.
Note. For the purpose of parts six and seven of this Article, the person shall not
be subject to bringing to administrative liability in case if a sum of non-transferred,
untimely and (or) incompletely calculated, dedicated (accrued) and (or) paid
(transferred) compulsory pension contributions, compulsory professional pension
contributions is less than one monthly calculation index established in accordance with
the Law being in force as on the date of detection of administrative infraction.
Article 92. Breach of the legislation of the Republic of
Kazakhstan on compulsory social insurance
1. Non-payment of social payments by the state fund of social insurance and Centre
for pension payment in terms established by the legislation of the Republic of
Kazakhstan on compulsory social insurance shall entail a fine on civil servants in
amount of thirty monthly calculation indices.
2. Non-fulfillment or improper fulfillment of obligations provided by the
legislation of the Republic of Kazakhstan on compulsory social insurance by a payer of
social expenditures, committed in the form of:
1) failure to represent the lists of participants of a system of compulsory social
insurance to the state revenue body for which the social expenditures are performed;
2) failure to pay (failure to transfer), untimely and (or) incomplete payment
(accrual) of social expenditures;
3) failure to terminate all debit operations on cash register by order of the
state revenue bodies in cases provided by the legislation of the Republic of Kazakhstan
on compulsory social insurance shall entail a notification.
3. Acts provided by a part two of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine on private notary officers, judicial enforcement agent, attorney for defence,
subjects of small entrepreneurship or non-profit organizations in amount of twenty, on
subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of fifty percent of a sum of non-paid (non-transferred),
untimely and (or) incompletely paid (transferred) social expenditures.
4. Non-fulfillment of obligations by banks and organizations carrying out separate
types of banking operations, established by the legislation of the Republic of
Kazakhstan on compulsory social insurance, committed in the form of:
1) failure to terminate all debit operations on banking accounts of a payer of
social expenditures by order of the state revenue bodies in cases provided by the
legislation of the Republic of Kazakhstan on compulsory social insurance;
2) failure to transfer (failure to accrue), untimely transfer (later than the date
for commission of operations on debiting money from banking accounts or the next date
for introduction of cash money to a bank or organization carrying out separate types of
banking operations) or admission of mistakes upon filling the details of a payment
document due to the fault of the bank or organization carrying out separate types of
banking operations, upon a transfer of a sum of compulsory social expenditures and late
fees to the Centre on pension payment;
3) failure to execute collection orders of the state revenue bodies on recovery of
the sums of compulsory social expenditures and late fees in the manner established by
the legislation of the Republic of Kazakhstan, shall entail a fine in amount of five
percent of the sum of committed debit operations on banking accounts of payers for the
period of non-fulfillment of obligations established by the legislation of the Republic
of Kazakhstan on compulsory social insurance.
Note. For the purpose of parts two and three of this Article, the persons shall
not be subject to bringing to administrative liability in case if the sum of non-paid
(non-transferred), untimely and (or) incompletely paid (transferred) social expenditures
does not exceed amount of one monthly calculation index established in accordance with
the Law being in force on a date of detection of administrative infraction.
Article 93. Violation of the rules of safety ensuring
and labour protection 1. Absence of safety service (specialist) and labour protection in production
organizations in accordance with requirement of the labour legislation of the Republic
of Kazakhstan shall entail a notification.
2. Violation of requirements by an employer on conduct of compulsory and
periodical medical inspections and pre-shift medical certification of workers in
accordance with requirements of the labour legislation of the Republic of Kazakhstan
shall entail a notification.
3. Failure to supply medicinal and prophylactic food to workers by means of
individual and collective protection in accordance with requirement of the labour
legislation of the Republic of Kazakhstan shall entail a notification.
4. Failure to perform the requirements of the labour legislation of the Republic
of Kazakhstan by an employer on conduct of teaching and training of workers, inspection
of knowledge of heads and specialists on the issues of safety and protection of work
shall entail a notification.
5. The actions provided by parts one, two, three, four of this Article committed
repeatedly second time second time within a year after a notification shall entail a
fine on subjects of small entrepreneurship or non-profit organizations in amount of
forty, on subjects of medium entrepreneurship – in amount of sixty, on subjects of large
entrepreneurship – in amount of one hundred twenty monthly calculation indices.
6. Failure to perform the requirements of the labour legislation of the Republic
of Kazakhstan by an employer on conduct of instructing (except for introductory
briefing) and absence of documents on safety and protection of work shall entail a fine
on subjects of small entrepreneurship or non-profit organizations in amount of twenty,
on subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of eighty monthly calculation indices.
7. Acts provided by a part six of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine on subjects of small entrepreneurship or non-profit organizations in amount of
forty, on subjects of medium entrepreneurship – in amount of sixty, on subjects of large
entrepreneurship – in amount of one hundred twenty monthly calculation indices.
Article 94. Violation of requirements of the legislation
on conduct of attestation of production facilities
on labour conditions
1. Violation of requirements of the legislation on conduct of attestation of
production facilities on labour conditions by an employer, established by the labour
legislation of the Republic of Kazakhstan shall entail a notification or fine on
subjects of small entrepreneurship or non-profit organizations in amount of twenty, on
subjects of medium entrepreneurship – in amount of thirty five, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine on subjects of small entrepreneurship or non-profit organizations in amount of
forty, on subjects of medium entrepreneurship – in amount of seventy, on subjects of
large entrepreneurship – in amount of one hundred monthly calculation indices.
Article 95. Non-ensuring of investigation of
industrial accidents 1. Non-ensuring of investigation of industrial accidents in accordance with a
requirement of the labour legislation of the Republic of Kazakhstan shall entail a fine
on subjects of small entrepreneurship in amount of fifty, on subjects of medium
entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in
amount of two hundred monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on subjects of small entrepreneurship in amount of one hundred, on subjects of
medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
Article 96. Concealing a fact of industrial accident 1. Concealing a fact of industrial accident shall entail a fine on subjects of
small entrepreneurship or non-profit organizations in amount of one hundred, on subjects
of medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction shall
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of two hundred, on subjects of medium entrepreneurship – in amount of three
hundred, on subjects of large entrepreneurship – in amount of four hundred monthly
calculation indices.
Article 97. Violation of requirements of the legislation
on conclusion of collective contract, agreement 1. Avoidance from participation in negotiations on conclusion, amending or
supplementing collective contract, agreement or violation of terms of holding the
mentioned negotiations, failure to ensure work of the relevant commission in terms
determined by parties shall entail a fine on persons authorized to hold negotiations in
amount of three hundred monthly calculation indices.
2. Unreasonable refusal from conclusion of collective contract, agreement shall –
entail a fine on persons authorized to conclude the collective contract, agreement
in amount of three hundred monthly calculation indices.
3. Non-fulfillment or violation of the obligation on collective contract,
agreement shall entail a fine on persons being guilty in non-fulfilling the obligations
on collective contract, agreement in amount of three hundred monthly calculation
indices.
4. Non-presentation of information required for holding collective negotiations
and carrying out of control for performance of collective contracts, agreements shall
entail a fine on persons being guilty in non-presentation of information in amount
of fifty monthly calculation indices.
Article 98. Breach of the legislation of the Republic of
Kazakhstan on employment of population 1. Breach of the legislation of the Republic of Kazakhstan on employment of
population by an employer committed in the form of:
1) failure to represent information to the authorized body on forthcoming relieve
of employees due to liquidation of an employer – legal entity or termination of activity
of the employer – individual, reduction in the number of employees or staff size;
2) failure to represent, untimely representation of details on existence of free
work positions (vacant positions) to the authorized body;
3) failure to represent, untimely notifying on acceptance for work or refusal in
acceptance for work;
4) failure to fulfill established quota of work positions for disabled persons,
persons released from the places of deprivation of freedom, and minors graduates of
foster organizations;
5) failure to represent details to the authorized body on a quantity of those
undergoing professional training, retraining and in-plant education with specification
of received specialty and qualification shall entail a fine in amount of ten monthly
calculation indices.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction shall
entail a fine in amount of twenty monthly calculation indices.
3. Failure to conclude a contract by an employment agency with a person that
referred for rendering of services on labour mediation shall entail a fine in amount of
ten monthly calculation indices.
4. Failure to represent primary statistics by individuals and legal entities
engaged in labour mediation, as well as employers that received permission for
involvement of foreign labour force or at whom the foreign workers that received
permission for employment operate, shall entail a fine in amount of ten monthly
calculation indices.
Article 99. Breach of the legislation of the Republic of
Kazakhstan on state service
1. Violation of a procedure for competitive selection for taking a vacant
administrative state position shall entail a fine on civil servants in amount of thirty
monthly calculation indices.
2. Illegal dismissal of persons from administrative state positions shall entail a
fine on civil servants in amount of sixty monthly calculation indices.
Article 100. Reversion of a claim to the damage of an
individual or legal entity filed by him (her) (it)
Reversion of a claim to the damage of an individual or legal entity that filed
reasonable claim or in the interest of whom it was filed, shall entail a fine on civil
servants in amount of ten monthly calculation indices.
Chapter 11. ADMINISTRATIVE INFRACTIONS INFRINGING
ON ELECTORAL RIGHTS (RIGHT TO PARITIPATE IN
REPUBLICAN REFERENDUM)
Article 101. Non-presentation of details and materials to
electoral commission (commission of republican referendum) by
civil servants or non-execution of commission’s decisions
Non-presentation of details and materials to electoral commission (commission of
republican referendum) by civil servants on existence or absence of outstanding or
unexpunged conviction of a candidate in the manner established by the Law; on a guilt in
commission of corruption crime and infarction of a candidate recognized by a court in
the manner established by the Law; on a citizenship of a candidate; on credibility of
details on incomes and property declared by a candidate or his (her) wife (husband); on
lists of electorates on each electoral district or non-execution of the commission’s
decision by them being adopted within its competition, shall
entail a fine in amount of twenty monthly calculation indices.
Article 102. Conduct of pre-election campaigning during
its prohibition Conduct of pre-election campaigning before completion of the term of registration
of a candidate, party list on a date of elections or a date preceding it, as well as
conduct of campaigning on a date of conducting republican referendum or a date preceding
it, shall entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of twenty five, on subjects of large
entrepreneurship – in amount of thirty five monthly calculation indices.
Article 103. Impeding the right to carry on pre-election
campaigning
Impeding to candidates for presidency, deputies or for other elective positions,
their authorized representatives, policy parties in the process of exercising the right
to carry on pre-election campaigning shall entail a fine on individuals in amount of
twenty, on civil servants, subjects of small entrepreneurship or non-profit
organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount
of forty, on subjects of large entrepreneurship – in amount of fifty monthly calculation
indices.
Article 104. Distribution of knowingly false information on
candidates, policy parties
Distribution of knowingly false information on candidates, policy parties or
commission of other actions discrediting their honor, dignity and business reputation
for the purpose of influence on electoral outcome shall entail a fine on individuals in
amount of twenty, on civil servants, subjects of small entrepreneurship or non-profit
organizations – in amount of thirty, on subjects of medium entrepreneurship – in amount
of forty, on subjects of large entrepreneurship – in amount of fifty monthly calculation
indices.
Article 105. Violation of rights of a member of electoral
commission (commission of republican referendum) Violation of the rights of a member of electoral commission (commission of
republican referendum) to act at a session of electoral commission, make proposals on
the issues included to the competence of the relevant electoral commission, and require
conduct of voting on them, familiarize with documents and materials of electoral
commission to which he (she) belongs, receive their certified copies, carry out
inspection of activity of inferior electoral commission shall entail a fine in amount of
thirty five monthly calculation indices.
Article 106. Violation of the right of a citizen to familiarize
with a list of electorates
Violation of the right of a citizen to familiarize with a list of electorates
(electors, list of persons having the right to participate in republican referendum) or
failure to consider an application to electoral commission on a date of receipt, or
refusal to issue a copy of a decision to the citizen in written form with exposure of
motives for dismissing the application on applying corrections into the list of
electorates (electors, list of persons having the right to participate in republican
referendum), or non-execution of the court decision on correction of the list of
electorates (electors, list of persons having the right to participate in republican
referendum) without delay shall entail a fine in amount of thirty monthly calculation
indices.
Article 107. Representation of false details on electorates
for drawing lists of electorates (citizens having the right
to participate in republican referendum) 1. Representation of false details on electorates (citizens having the right to
participate in republican referendum) by civil servants to local executive bodies for
drawing the lists of electorates (citizens having the right to participate in
referendum) shall entail a fine in amount of twenty five monthly calculation indices.
2. Representation of false lists of electorates (citizens having the right to
participate in republican referendum) by civil servants of local executive bodies to the
relevant electoral commission shall entail a fine in amount of thirty monthly
calculation indices.
Article 108. Violation of requirement on equal electoral right Violation of requirement on equal electoral right by voting two and more times or
for another electorate shall entail a fine in amount of twenty five monthly calculation
indices.
Article 109. Carrying out of activity by foreign persons,
stateless persons, foreign legal entities and international
organizations impeding and (or) promoting nomination and
election of candidates, policy parties that nominated party
list, achievement of certain results at elections
Carrying out of activity by foreign persons, stateless persons, foreign legal
entities and international organizations impeding and (or) promoting nomination and
election of candidates, policy parties that nominated party list, achievement of certain
results at elections shall entail a fine on individuals in amount of thirty monthly
calculation indices with administrative expulsion beyond the borders of the Republic of
Kazakhstan or without such, on legal entities – in amount of one thousand monthly
calculation indices.
Article 110. Issuance of voting bulletins (bulletins for
voting) to citizens for the purpose of provision of a
possibility to vote for other persons
Issuance of voting bulletins (bulletins for voting) by a member of electoral
commission (commission of republican referendum) to citizens for the purpose of
provision of a possibility to vote for other persons shall entail a fine in amount of
twenty five monthly calculation indices.
Article 111. Refusal of an employer in provision of a leave for
participation in elections (republican referendum)
Refusal of an employer to provide a leave provided by the legislative acts to
registered candidate for deputies or for another elective position or to a member of
electoral commission for participation in preparation and conduct of elections in bodies
of state power, management and in bodies of local self-government (republican
referendum), shall entail a fine in amount of thirty monthly calculation indices.
Article 112. Violation of conditions for conduct of
pre-election campaigning through mass media
1. Non-objective covering of electoral campaign of candidates, policy parties by
mass media that is expressed in distortion of purposes, tasks and results of pre-
election actions, as well as events and facts linked with them shall entail a fine on
individuals in amount of twenty, on civil servants – in amount of thirty, on legal
entities – in amount of fifty monthly calculation indices.
2. Publication of information of campaign materials by means of mass media and
another information knowingly discrediting honor, dignity and business reputation of a
candidate or policy party, as well as refusal in provision of a possibility to mentioned
persons to publish freely rebutment in protection of the honor, dignity and business
reputation shall entail a fine on individuals in amount of twenty, on civil servants –
in amount of thirty, on legal entities – in amount of fifty monthly calculation indices.
3. Interrupting and commenting speeches of candidates on television and radio
immediately after the speech, as well as in printed publications in a same number shall
entail a fine on individuals in amount of twenty, civil servants – in amount of thirty,
on legal entities – in amount of fifty monthly calculation indices.
4. Violation of requirements by means of mass media on distribution of information
on events on nomination of all the candidates and party lists, their registration by
electoral commissions in equal volumes of print space, broadcast time shall entail a
fine on individuals in amount of twenty, civil servants – in amount of thirty, on legal
entities – in amount of fifty monthly calculation indices.
5. Publication or airing of campaigning materials of candidates, policy parties
participating in elections by means of mass media that no later than ten day after
official publication of a decision on appointment (announcement) of elections did not
announce and did not publish, as well as did not represent details to the electoral
commission on amount of payment, conditions and procedure for representing airing and
print space shall entail a fine on civil servants o amount of thirty, on legal entities
in amount of fifty monthly calculation indices.
6. Refusal of mass media from allocation of a broadcast time, print space to one
of candidates, policy party that nominated a party list, in case if the same mass media
gave an agreement to another candidate, policy party that nominated the party list for
allocation of the broadcast time, print space, shall entail a fine on civil servants in
amount of thirty, on legal entities – in amount of fifty monthly calculation indices.
7. Violation of priority of the speeches of the candidates and policy parties
that nominated party lists in mass media, established in the manner of receiving written
references or by lot, in case, if the references were received at the same time, shall
entail a fine on civil servants in amount of thirty, on legal entities – in amount
of fifty monthly calculation indices.
8. Creation of preferences to one or another candidate, policy party that
nominated the party list by conditions of a contract on provision of a broadcast time,
print space in mass media to candidates and policy parties that nominated the party
lists shall entail a fine on civil servants in amount of thirty, on legal entities – in
amount of fifty monthly calculation indices.
Article 113. Production or distribution of anonymous
campaign materials
During preparation and conduct of elections to bodies of the state power and
bodies of local self-government (republican referendum), the production or distribution
of campaign printed and electronic materials that do not contain information on
organizations that issued these materials, place of their printing, circulation, persons
that gave order and from which funds they are paid, as well as production of campaign
printed materials beyond the borders of the Republic of Kazakhstan, distribution of
anonymous campaign materials shall entail a fine in amount of twenty five monthly
calculation indices.
Article 114. Intentional destruction, damage of
campaign materials Intentional destruction, damage of campaign materials of candidates for deputies
or for other elective position, posted with consent of the owner or another owner on
buildings, structures and other objects shall entail a fine in amount of fifteen monthly
calculation indices.
Article 115. Failure to represent or publish reports on
payout of funds for preparation and conduct of
elections (republican referendum)
Failure to represent details by a candidate, person being elected as a deputy or
for another elective position, or by a policy party on amounts of incomings (charitable
gifts) to electoral funds and on sources of creation of electoral funds, as well as
report on use of the funds of the electoral fund shall entail a fine on a candidate,
person elected as a deputy or for another elective position, in amount of fifteen, on a
legal entity – in amount of fifty five monthly calculation indices.
Article 116. Financing of electoral campaign or rendering of
another material assistance besides the electoral funds
Rendering of financial or another material assistance to candidates, policy
parties that nominated the party lists, besides their electoral funds shall entail a
fine on individuals in amount of twenty five, on subjects of small entrepreneurship – in
amount of thirty, on subjects of medium entrepreneurship – in amount of forty, on
subjects of large entrepreneurship – in amount of fifty monthly calculation indices.
Article 117. Acceptance of charitable gifts by a candidate
for elective state position or by a policy party from foreign
states, organizations, foreign persons and stateless persons
Acceptance of charitable gifts by a candidate for deputies or for another elective
state position or by a policy party in any form from a foreign state, international
organization or international public association, foreign state bodies, foreign persons
and legal entities created in accordance with the legislation of another state, as well
as stateless persons shall entail a fine on a candidate for deputies or for another
elective position in amount of fifty, on a legal entity – in amount of one hundred
monthly calculation indices, with confiscation of subjects of gifts.
Article 118. Rendering of services by individuals and
legal entities to candidates, policy parties without
their written agreement
Rendering of services by individuals and legal entities to candidates, policy
parties due to their pre-election activity without their written agreement shall entail
a fine on individuals in amount of twenty, on subjects of small entrepreneurship or non-
profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
Article 119. Failure to represent or publish details on vote
returns or on election results (republican referendum) 1. Failure to represent details on vote returns being compulsory for
representation in accordance with the legislation of the Republic by a chairman of
district election commission for familiarization to the authorized person of a
candidate, representative of mass media, spectator shall entail a fine in amount of ten
monthly calculation indices.
2. The act provided by a part one of this Article committed by a chairman of
circuit election commission, as well as violation of the terms for publication or
incomplete publication of details on election results (republican referendum)
established by the election legislation (legislation on republican referendum), shall
entail a fine in amount of twenty monthly calculation indices.
3. The act provided by a part one of this Article committed by a chairman of
territorial election commission, as well as violation of the terms for publication or
incomplete publication of details on vote returns at elections (republican referendum)
established by the election legislation (legislation on republican referendum) shall
entail a fine in amount of fifteen monthly calculation indices.
4. Acts provided by parts one and three of this Article committed by a Chairman of
the Central Election Commission of the Republic of Kazakhstan shall entail a fine in
amount of twenty five monthly calculation indices.
Article 120. Violation of conditions for conduct of public
opinion survey linked with elections 1. Violation of the procedure for publication of results of public opinion
surveys, forecasts of election results, other researches linked with elections by mass
media, and specifically non-specification of the organization that conducted public
opinion survey, persons that ordered the public opinion survey, method of information
collection, precise question formulation, number of respondents and a rate of
uncertainty on results of the survey, shall entail a fine on individual in amount of
fifteen, on legal entities – in amount of thirty monthly calculation indices.
2. Publication of results of public opinion surveys, forecasts of election
results, other researches linked with elections in mass media within five days before a
polling day and on a polling day, as well as conduct of public opinion survey on a
polling day in a premise or voting precinct shall entail a fine on individuals in amount
of ten, on legal entities – in amount of twenty five monthly calculation indices.
Article 121. Making amendments into the lists of electorates
(electors) after beginning of vote tabulation Making amendments into the lists of electorates (electors) after beginning of vote
tabulation shall entail a fine in amount of twenty monthly calculation indices.
Article 122. Violation of conditions of conducting
pre-election campaigning
1. Conduct of pre-election campaigning by state bodies, bodies of local self-
government, as well as their civil servants upon fulfillment of official obligations,
military servants of the Armed Forces of the Republic of Kazakhstan, other forces and
military formations of the Republic of Kazakhstan, workers of national security bodies,
law enforcement bodies, judges, members of election commissions, religious associations,
as well as distribution of any campaign pre-election materials by mentioned persons
shall entail a fine on individuals in amount of twenty, on civil servants – in amount of
thirty monthly calculation indices.
2. Conduct of pre-election campaigning accompanied by provision of goods,
services, securities to electorates without payment, as well as conducting of lotteries,
charitable actions, payment of money or promise to provide such shall –
entail a fine in amount of twenty monthly calculation indices.
3. Participation of journalists, civil servants of editors of mass media
registered by candidates or their authorized persons in coverage of elections through
mass media shall entail a fine in amount of twenty monthly calculation indices.
Article 123. Violation of conditions of providing premises
to candidates for meetings with electorates Refusal of civil servants of local executive bodies and bodies of local self-
government in provision of premises to one of the candidates, policy party that
nominated the party list on a contractual basis for meetings with electorates, in case
if they gave a consent to another candidate, policy party that nominated the party list
shall entail a fine in amount of thirty monthly calculation indices.
Article 124. Placement of campaigning materials
Placement of campaigning materials on monuments, obelisks, buildings and
structures, having historical, cultural or architectural value, as well as in a premise
for voting shall entail a fine in amount of twenty five monthly calculation indices.
Article 125. Violation of procedure for expenditure of
the funds allocated from republican budget for conduct
of pre-election campaigning
Inappropriate expenditure of the funds by candidates for deputies or for another
elective position, allocated from republican budget for conduct of pre-election
campaigning, shall entail a fine in amount of five monthly calculation indices.
Article 126. Impeding to legal activity of authorized persons
of candidates, policy parties, representatives of mass media
and spectators at elections
1. Impeding to the right of authorized persons of candidates, policy parties,
spectators of policy parties, other public associations, non-profit organizations of the
Republic of Kazakhstan, representatives of mass media to attend at sessions of electoral
commission or presence at a polling district on a polling day from the date of its
opening and until establishment of vote results upon vote tabulation of electorates, or
supervision of the course of voting, procedure for vote tabulation and presentation of
vote results at a polling district, in a voting precinct, or presence upon opening and
installation of equipment of electronic electoral system, as well as upon inspection of
its work in cases when such right is provided by the Law shall entail a fine in amount
of thirty monthly calculation indices.
2. Impeding to the right of authorized persons of candidates, policy parties,
spectators of policy parties, other public associations, non-profit organizations of the
Republic of Kazakhstan to accompaniment of the members of electoral commission for
organization of voting outside a voting premise or presence upon conduct of voting of
electorates outside the voting premise, or carrying out of photo-, audio- and video-
recording, or supervision of procedures for transferring the protocols on vote results
to superior electoral commissions, or refusal in receipt of information on a quantity of
the electorates that took participation in voting, as well as in voting outside the
premise, or appeal of decisions, actions (omission) of the relevant electoral commission
and (or) its members in cases when such right is provided by the Law, shall entail a
fine in amount of thirty five monthly calculation indices.
3. Refusal in repeated vote tabulation to authorized persons of candidates, policy
parties in cases when such right is provided, shall entail a fine in amount of thirty
five monthly calculation indices.
4. Impeding to the right of spectators of foreign states and international
organizations, representatives of foreign mass media to attend at all the stages of
election process or to receive information in electoral commissions on a course of
electoral campaign, or to access to voting precincts during conduct of voting and vote
tabulation, or to meeting with participants of election process, or to public
announcements, or supervision of the procedures for transferring the protocols on vote
results to superior electoral commissions in cases when such right is provided, shall
entail a fine in amount of thirty five monthly calculation indices.
Chapter 12. ADMINISTRATIVE INFRACTIONS INFRINGING
THE RIGHTS OF MINORS
Article 127. Failure to fulfill the obligations on nurturing of
children by parents or other legal representatives 1. Failure to fulfill obligations on nurturing and education of minor children by
parents or other legal representatives shall entail a fine in amount of seven monthly
calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine in amount of twenty monthly calculation indices or administrative arrest up to
fifteen days.
Article 128. Involvement of a minor in commission of
administrative infraction
Involvement of a minor in commission of administrative infraction shall entail a
fine in amount of one hundred monthly calculation indices.
Article 129. Failure to fulfill the obligation on registration
of orphaned children, children left without parental custody,
being in need of a dwelling place by persons of local executive
bodies and (or) legal representatives of a child
1. Failure to fulfill the obligation on registration of orphaned children,
children left without parental custody, being in need of a dwelling place, and equally
registration with violation of established term by civil servants of local executive
bodies and (or) legal representatives of a child shall entail a fine in amount of one
hundred monthly calculation indices.
2. Acts provided by a part one of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine in amount of two hundred monthly calculation indices.
Article 130. Failure to fulfill the obligation on preservation
of a dwelling place of orphaned children, children left without
parental custody by persons of local executive bodies and (or)
legal representatives of a child 1. Failure to fulfill the obligation on preservation of a dwelling place of
orphaned children, children left without parental custody by civil servants of local
executive bodies and (or) legal representatives of a child shall entail a fine in amount
of four hundred monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction shall entail a
fine in amount of five hundred monthly calculation indices.
Article 131. Reduction of a minor to intoxication Reduction of a minor to intoxication shall entail a fine in amount of twenty
monthly calculation indices or administrative arrest for the term up to five years.
Article 132. Admission for minors to stay in entertainment
places at night time
1. Admission for minors to stay in entertainment places without accompaniment of
legal representatives at night time (from 22 pm to 6 am) shall entail a fine on
individuals in amount of thirty, on subjects of small entrepreneurship or non-profit
organizations in amount of forty five, on subjects of medium entrepreneurship – in
amount of sixty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on individuals in amount of sixty, on subjects of small entrepreneurship or non-
profit organizations in amount of ninety, on subjects of medium entrepreneurship – in
amount of one hundred twenty, on subjects of large entrepreneurship – in amount of two
hundred monthly calculation indices, with suspension of activity or separate types of
activity.
Article 133. Sale of tobacco and tobacco products to persons
and by persons that did not attain eighteen years
1. Sale of tobacco and tobacco products to persons and by persons that did not
attain eighteen years shall entail a fine on individuals in amount of twenty, on
subjects of small entrepreneurship – in amount of forty, on subjects of medium
entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount
of eighty monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on individuals in amount of forty, on subjects of small entrepreneurship – in
amount of sixty, on subjects of medium entrepreneurship – in amount of eighty, on
subjects of large entrepreneurship – in amount of one hundred monthly calculation
indices, with suspension of activity or separate types of activity.
Article 134. Sale of subjects and materials of erotic
content to minors
1. Sale of printed publications, cine- or video-materials, images or other
subjects or materials of erotic content to minors shall entail a fine on individuals in
amount of twenty, on subjects of small entrepreneurship – in amount of forty, on
subjects of medium entrepreneurship – in amount of sixty, on subjects of large
entrepreneurship – in amount of eighty monthly calculation indices, with confiscation of
subjects and materials of erotic content.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on individuals in amount of forty, on subjects of small entrepreneurship – in
amount of sixty, on subjects of medium entrepreneurship – in amount of eighty, on
subjects of large entrepreneurship – in amount of one hundred sixty monthly calculation
indices, with confiscation of subjects and materials of erotic content.
Article 135. Violation of order and terms for presentation
of details on minors being in need of transferring for
adoption, under trusteeship (guardianship), for
upbringing in families of individuals 1. Violation of by heads of organizations in which there are children left without
parental custody, as well as by civil servants of executive bodies of the Republic of
Kazakhstan committed in the form of:
1) non-compliance with the terms for representing details on minors being in need
of transferring for adoption, under trusteeship (guardianship), for upbringing in
families of individuals;
2) representation of inaccurate information on a child, concealing data subjected
to reflection of a possibility for arrangement of a child left without parental custody
to a family for his (her) regional and centralized registration of children left without
parental custody;
3) illegal divulgence of details on existence of children left without parental
custody in regional, centralized registration, and data about them to separate citizens,
institutions and public organizations;
4) violation of order of primary, regional, centralized record keeping of orphaned
children and children left without parental custody shall entail a fine in amount of
thirty monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine in amount of sixty monthly calculation indices.
Chapter 13. ADMINISTRATIVE INFRACTIONS INFRINGING
TO PROPERTY
Article 136. Violation of a right of state ownership of land
Illegal occupation or exchange of state land fields or consummation of other
transactions directly or indirectly infringing the right of the state ownership of land,
as well as untimely return of temporary occupied state lands, shall entail a fine on
individuals in amount of seventy five, on civil servants, subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of seven hundred monthly calculation indices.
Article 137. Breach of the land legislation of the Republic
of Kazakhstan upon provision of the right to a land field
and upon change of designated purpose of a land field
1. Breach of the land legislation of the Republic of Kazakhstan upon provision of
the right to a land field and upon change of designated purpose of a land field, if
these actions do not contain signs of criminally punishable act committed in the form
of:
1) provision of land fields or the lease rights of land fields being in the state
ownership and not provided for land use without holding of biddings (auctions and
competitions), with the exception of cases when the auction and competition methods of
providing land fields do not apply to the land field or the lease right of land field;
2) violation of established terms of considering the petitions (applications) of
individuals and legal entities on provision of the relevant right to land field;
3) adoption of decision by a local executive body on provision of the rights to
land fields without a favorable conclusion of the land commission and (or) without
approved land surveying project;
4) violation of the term for adoption of decision by a local executive body on
refusal to provide the rights to land fields;
5) violation of the term for adoption of decision by a local executive body on
provision of the rights to land fields;
6) adoption of decision by a local executive body on provision of the right of
private property to land fields that may not be in private ownership;
7) adoption of decision by a local executive body on compulsory alienation of a
land field for the state needs in cases not provided by the legislative acts;
8) adoption of decision by a local executive body on free provision of land fields
into private ownership with size that is more than a standard provided by the land
legislation, as well as repeated free provision;
9) adoption of decision by a local executive body on provision of the right of
temporary non-repayable land use for the purpose and in the term not provided by the
land legislation;
10) adoption of decision by a local executive body on provision of the right of
private ownership to the agricultural lands for foreign persons and stateless persons;
11) adoption of decision by a local executive body on provision of the rights to
land fields that are not included into its competence;
12) violation of the term for consideration of an application on change of
designated purpose of a land field;
13) violation of the terms for production and issuance of identification documents
for a land field;
14) violation of the terms for consideration and approval of a land surveying
project;
15) violation of the terms for conclusion of buy and sell contract or contract of
temporary compensated (uncompensated) land use shall entail a fine on civil servants in
amount of thirty monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on civil servants in amount of sixty monthly calculation indices.
Article 138. Destruction of special signs 1. Destruction of landmarks of borders of land fields shall entail a notification
or a fine on individuals in amount of three, on subjects of small entrepreneurship or
non-profit organizations – in amount of ten, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
2. Destruction or damage of monitoring and observation wells for ground waters,
observant regime alignments on water objects, water protection or hydroeconomic signs,
forest estimation or forestry-based signs in a forest fund, surveying, geodesic and
levelling points and signs, shall entail a fine on individuals in amount of five, on
subjects of small entrepreneurship or non-profit organizations – in amount of thirty, on
subjects of medium entrepreneurship – in amount of seventy, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
Article 139. Violation of the right of state ownership
to subsoil 1. Illegal use of subsoil with the exception of ground waters, consummation of
transaction violating the right of the state ownership to subsoil in a direct or latent
form shall entail a fine on individuals in amount of fifty, on civil servants, subjects
of small entrepreneurship – in amount of one hundred, on subjects of medium
entrepreneurship – in amount of one hundred fifty, on subjects of large entrepreneurship
– in amount of five hundred monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall entail
a fine on individuals in amount of one hundred, on civil servants, subjects of small
entrepreneurship – in amount of one hundred fifty, on subjects of medium
entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in
amount of seven hundred monthly calculation indices, with a confiscation of the property
received due to commission of administrative infraction, tools and subjects for
commission of the administrative infraction.
Article 140. Selective development of deposit fields
1. Selective development of deposit fields that lead to deterioration of quality
of the rest reserves, unreasonable extra-project and losses of mineral resources above
permitted standards, shall entail a fine on subjects of small entrepreneurship in amount
of one hundred fifty, on subjects of medium entrepreneurship – in amount of two hundred,
on subjects of large entrepreneurship – in amount of one thousand monthly calculation
indices.
2. Non-compliance with project decisions on development of deposit fields that
lead to environmental harm, shall entail a fine on subjects of small entrepreneurship in
amount of one hundred, on subjects of medium entrepreneurship – in amount of two hundred
fifty, on subjects of large entrepreneurship – in amount of one thousand monthly
calculation indices.
Article 141. Violation of the right of state ownership
to waters 1. Illegal seizure of water objects, including discharge of sewage and other
waters, illegal water use, reassignment of the right of water use, as well as
consummation of other transactions, violating the right of the state ownership to waters
in direct or latent form, shall entail a fine on individuals in amount of thirty, on
civil servants, subjects of small entrepreneurship or non-profit organizations – in
amount of forty, on subjects of medium entrepreneurship – in amount of sixty, on
subjects of large entrepreneurship – in amount of one four hundred monthly calculation
indices.
2. Water intake with violation of limits, excess of permitted volumes, illegal
performance of hydraulic engineering works, irrational, inappropriate use of ground and
surface waters, produced or passed off from water objects, shall –
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of two hundred fifty monthly calculation indices.
Article 142. Violation of the right of the state ownership
to forests Buy and sell, giving, pledge, illegal engagement and exchange of fields of the
forest fund, as well as illegal reassignment of the right to carry out forest uses
violating the right of the state ownership to forests, shall entail a fine on
individuals in amount of twenty, on civil servants – in amount of twenty five, on
subjects of small entrepreneurship or non-profit organizations – in amount of seventy,
on subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of
large entrepreneurship – in amount of five hundred monthly calculation indices.
Article 143. Violation of the right of the state ownership
to animal and plant world
1. Illegal reassignment of the right of using objects of animal world, as well as
commission of other transactions violating the right of the state ownership to animal
world in a direct or latent form, as well as illegal use of objects of the plant world
in conservations and on other especially protected natural areas, the use of which
requires obtainment of permission, shall entail a fine on individuals in amount of ten,
on civil servants – in amount of twenty five, on subjects of small entrepreneurship or
non-profit organizations – in amount of seventy, on subjects of medium entrepreneurship
– in amount of one hundred fifty, on subjects of large entrepreneurship – in amount of
five hundred monthly calculation indices.
2. Illegal reassignment of the right of using the objects of plant world, as well
as consummation of other transactions violating the right of the state ownership to
plant world in a direct or latent form, and equally illegal use of objects of the plant
world the use of which requires obtainment of permission, shall –
entail a fine on individuals in amount of ten, on civil servants – in amount of
twenty, on subjects of small entrepreneurship or non-profit organizations – in amount of
fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of
large entrepreneurship – in amount of three hundred monthly calculation indices.
Article 144. Illegal connection, use of energy or waters
1. Illegal connection, use of electric and (or) heat energy shall entail a fine on
individuals in amount of fifty, on civil servants – in amount of one hundred, on
subjects of small entrepreneurship or non-profit organizations – in amount of one
hundred fifty, on subjects of medium entrepreneurship – in amount of two hundred, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices.
2. Illegal connection, use of waters from water supply networks, and equally
illegal connection to sewerage networks shall entail a fine on individuals in amount of
thirty, on civil servants – in amount of sixty, on subjects of small entrepreneurship or
non-profit organizations – in amount of one hundred, on subjects of medium
entrepreneurship – in amount of one hundred fifty, on subjects of large entrepreneurship
– in amount of three hundred monthly calculation indices.
Article 145. Breach of the legislation of the Republic of
Kazakhstan in the field of protection and use of objects
of historical and cultural heritage
Breach of the legislation of the Republic of Kazakhstan in the field of protection
and use of objects of historical and cultural heritage committed in the form of:
1) violations of the rules of protection and maintenance of monuments of history
and culture;
2) violations of conditions of maintenance of a monument of history and culture
signed in preservation orders;
3) violation of requirements of constructing new monuments of history and culture;
4) illegal movement and change of a monument of history and culture;
5) failure to conduct research works on detection of objects having historical,
scientific, artistic and other cultural value upon land invasion before land allotment;
6) performance of works that may create a threat to existence of objects of
historical and cultural heritage, shall entail a fine on individuals in amount of ten,
on civil servants, subjects of small entrepreneurship – in amount of fifty, on subjects
of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred fifty monthly calculation indices, with
suspension of performed works.
Article 146. Passage on sowings or plantings
Passage on sowings or plantings on a mechanical transport vehicle, animal
transport shall –
entail a notification or a fine in amount of five monthly calculation indices.
Article 147. Damage of sowings, hayricks, spoiling or
destruction of harvests of gathered agricultural crops being
in a field, damage of plantings 1. Damage of sowings, hayricks, spoiling or destruction of harvests of gathered
agricultural crops being in a field or damage of plantings of agricultural organizations
independently from their legal organizational form, peasant or farm enterprises,
personal subsidiary husbandries by livestock or birds, shall –
entail a fine on individuals in amount of twenty, on civil servants – in amount of
fifty monthly calculation indices.
2. The same actions committed repeatedly second time second time within a year
after imposition of administrative sanction provided by a part one of this Article,
shall –
entail a fine on individuals in amount of forty, on civil servants – in amount of
seventy monthly calculation indices.
Article 148. Violation of terms for return of the
state nature grants Violation of grants for return of the state nature grants established by the
legislation on investments, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
fifty, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of
large entrepreneurship – in amount of one thousand monthly calculation indices.
Article 149. Non-fulfillment and (or) improper fulfillment
of obligations on ensuring of antiterrorist protection and
compliance with adequate level of security of an object
being assailable in a terrorist relation
1. Non-fulfillment and (or) improper fulfillment of obligations by an owner or
head of an object being assailable in a terrorist relation on ensuring of antiterrorist
protection and compliance with adequate level of security of the object entrusted to him
(her), shall –
entail a fine on individuals or civil servants in amount of one hundred, on
subjects of small entrepreneurship or non-profit organizations – in amount of two
hundred, on subjects of medium entrepreneurship – in amount of three hundred, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices.
2. Actions (omission) provided by a part one of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction shall
–
entail a fine on individuals or civil servants in amount of two hundred, on
subjects of small entrepreneurship or non-profit organizations – in amount of three
hundred, on subjects of medium entrepreneurship – in amount of five hundred, on subjects
of large entrepreneurship – in amount of one thousand monthly calculation indices.
Article 150. Advertising of activity of financial
(investment) pyramids Production, dissemination and positioning of advertising of the activity of
financial (investment) pyramids shall –
entail a fine on individuals in amount of one hundred fifty, on civil servants –
in amount of one hundred seventy, on subjects of small entrepreneurship or non-profit
organizations – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of three hundred, on subjects of large entrepreneurship – in amount of six
hundred monthly calculation indices with suspension of release (airing) of mass media
for a term up to three months.
Chapter 14. ADMINISTRATIVE INFRACTIONS IN THE FIELD OF
ENTREPRENEURSHIP ACTIVITY
Article 151. Violation of the rules for outflow or dispatch of
raw materials, food commodities and industrial products beyond
the borders of the Republic of Kazakhstan 1. Violation of the rules for outflow or dispatch of raw materials, food
commodities, industrial products beyond the borders of the Republic of Kazakhstan shall
–
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of twenty five, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of sixty monthly
calculation indices with confiscation of raw materials or goods or without such.
Article 152. Violation of rules for acceptance of raw
materials, food commodities and industrial products for
dispatch beyond the borders of the Republic of Kazakhstan
Violation of rules for acceptance of raw materials, food commodities and
industrial products for dispatch from the Republic of Kazakhstan committed by workers of
postal organizations, railway, automobile, river, marine and air transport shall –
entail a fine in amount of ten monthly calculation indices.
Article 153. Illegal entrepreneurship
Engagement in prohibited types of entrepreneurial activity, if this action causes
heavy damage to a citizen, organization or the state or connected with deriving revenue
in a large amount or production, storage, transfer or selling of sub-excise goods in a
considerable amount, if these actions do not contain signs of criminally punishable act,
shall –
entail a fine on individuals, subjects of small entrepreneurship in amount of
thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of
large entrepreneurship – in amount of fifty percent of a sum of inflicted damage, of a
sum of derived revenue and cost of sub-excise goods received in a result of illegal
entrepreneurship.
Note.
1. Heavy damage in Articles 153 and 155 of this Code shall be considered as the
damage inflicted to a citizen to the sum not exceeding one thousand monthly calculation
indices, or damage inflicted to organization or the state to the sum not exceeding ten
thousand monthly calculation indices.
2. Revenue in a large amount in Articles 153 and 155 of this Code shall be
considered as the revenue the sum of which does not exceed ten thousand monthly
calculation indices.
3. In this Article, the considerable amount is such quantity of goods, the cost of
which does not exceed one thousand monthly calculation indices.
Article 154. Engagement in entrepreneurial activity by a person
for whom the prohibition to carry out such activity is
established by the legislation of the Republic of Kazakhstan
Engagement in entrepreneurial activity by a person for whom the prohibition to
carry out such activity is established by the legislation of the Republic of Kazakhstan,
shall –
entail a fine on individuals in amount of two hundred monthly calculation indices
with confiscation of subjects and (or) tools of committing administrative infractions
and (or) revenues (dividends), money, securities received due to commission of the
infraction.
Article 155. Illegal banking activity Carrying out of banking activity (banking operations) without registration or
without special permission (license) in cases when such permission (license) is
compulsory, that inflicted heavy damage to a citizen, organization or the state or
connected with deriving revenues in a large amount, if this action does not contain the
signs of criminally punishable act, shall –
entail a fine on individuals, subjects of small entrepreneurship in amount of
thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of
large entrepreneurship – in amount of fifty percent of a sum of inflicted damage, of a
sum of derived revenue received in a result of illegal activity.
Article 156. Violation of requirements of the legislation
of the Republic of Kazakhstan on culture
1. Violation of requirements of the legislation of the Republic of Kazakhstan on
culture committed in a form of:
1) distribution and public demonstration of films in a territory of the Republic
of Kazakhstan without distribution certificate for a film;
2) non-informing audience in established manner on viewers’ age limit (index) of a
film;
3) non-compliance with established time upon distribution and public demonstration
of films with indices “E18” and “HA” in cinema halls and other places designated for
these purposes and on television channels (with the exception of foreign television
channels);
4) non-compliance with order and conditions of temporary coming out of cultural
values;
5) non-provision of compulsory free example of publication to the national
libraries, shall –
entail a notification.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of two hundred monthly calculation indices.
Article 157. Knowingly false advertising
Use of knowingly false information by an advertiser in advertisement in respect of
goods, works and services, as well as their producers, performers or sellers committed
for selfish motives and that inflicted heavy damage shall –
entail a fine on individuals in amount of one hundred, on subjects of small
entrepreneurship – in amount of three hundred, on subjects of medium entrepreneurship –
in amount of five hundred, on subjects of large entrepreneurship – in amount of one
thousand monthly calculation indices.
Note. Heavy damage in this Article shall be considered as a damage inflicted to an
individual to the sum hundredfold exceeding monthly calculation index, or the damage
inflicted to organization or the state to the sum five hundredfold exceeding the monthly
calculation index.
Article 158. Illegal use of wrong trademark, service mark, name of a place of
origin of goods or firm name
Illegal use of wrong trademark, service mark or name of the place of origin of
goods or designations for homogeneous goods or services being similar to them, as well
as illegal use of wrong firm name, if these actions do not contain the signs of
criminally punishable act, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices, with confiscation of goods containing illegal image of a
trademark, service mark, name of the place of origin of goods or designations for
homogeneous goods or services being similar to them.
Note.
1. Confiscation for commission of infractions mentioned in this Article shall be
carried out in case of impossibility to destroy the produced image of a trademark,
service mark, name of the place of origin of goods or firm name, its package, blanks or
another documentation, illegally used trademark or name of the place of origin, as well
as designations being similar to them up to the mixtion extent.
2. Goods confiscated in accordance with parts one and two of this Article shall be
subject to destruction in the manner provided by Article 795 of this Code, with the
exception of cases of their transfer to a rights holder upon his (her) request.
Article 159. Monopolistic activity 1. Anticompetitive agreements of market entities prohibited by the Law of the
Republic of Kazakhstan “On business competition”, if these actions do not contain signs
of criminally punishable act, shall –
entail a fine on subjects of small or medium entrepreneurship or non-profit
organizations in amount of three, on subjects of large entrepreneurship – in amount of
five percent of the revenue (profit) received in a result of carrying out of the
monopolistic activity, with a confiscation of monopoly income received in a result of
carrying out of the monopolistic activity, no more than for one year.
2. Anticompetitive coordinated actions of market entities prohibited by the Law of
the Republic of Kazakhstan “On business competition”, if these actions do not contain
the signs of criminally punishable act, shall –
entail a fine on subjects of small or medium entrepreneurship or non-profit
organizations in amount of three, on subjects of large entrepreneurship – in amount of
five percent of the revenue (profit) received in a result of carrying out of the
monopolistic activity, with a confiscation of monopoly income received in a result of
carrying out of the monopolistic activity, no more than for one year.
3. Abuse of dominant or monopoly position by market entities prohibited by the Law
of the Republic of Kazakhstan “On business competition”, if these actions do not contain
the signs of criminally punishable act, shall –
entail a fine on subjects of small or medium entrepreneurship or non-profit
organizations in amount of three, on subjects of large entrepreneurship – in amount of
five percent of the revenue (profit) received in a result of carrying out of the
monopolistic activity, with a confiscation of monopoly income received in a result of
carrying out of the monopolistic activity, no more than for one year.
4. The actions provided by parts one, two and three of this Article committed
repeatedly second time second time within a year after imposition of administrative
sanction, shall –
entail a fine on subjects of small or medium entrepreneurship or non-profit
organizations in amount of five, on subjects of large entrepreneurship – in amount of
ten percent of the revenue (profit) received in a result of carrying out of the
monopolistic activity, with a confiscation of monopoly income received in a result of
carrying out of the monopolistic activity, no more than for one year.
5. Coordination of economic activity of market entities by individuals and (or)
legal entities that may lead, leading or that lead to any form of anticompetitive
agreements of market entities prohibited by the Law of the Republic of Kazakhstan “On
business competition”, shall –
entail a fine on individuals in amount of two hundred, on subjects of small
entrepreneurship or non-profit organizations – in amount of three hundred fifty, on
subjects of medium entrepreneurship – in amount of five hundred, on subjects of large
entrepreneurship – in amount of one thousand monthly calculation indices.
6. The action provided by a part five of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of three hundred, on subjects of small
entrepreneurship or non-profit organizations – in amount of three hundred fifty, on
subjects of medium entrepreneurship – in amount of seven hundred, on subjects of large
entrepreneurship – in amount of one thousand monthly calculation indices.
Note.
Market entity that committed administrative infraction in the form of
anticompetitive agreement or anticompetitive coordinated actions shall be released from
administrative liability upon cumulative compliance with the following conditions:
1) at the time, when a market entity applies to the antimonopoly body o
anticompetitive agreements or anticompetitive coordinated actions, the antimonopoly body
did not receive the information on these anticompetitive agreements or anticompetitive
coordinated actions from other sources;
2) market entity takes urgent measures on termination of own participation in
anticompetitive agreements or anticompetitive coordinated actions;
3) market entity informs full information on the facts of anticompetitive
agreements or anticompetitive coordinated actions during all the investigation from the
date of application;
4) market entity compensates damage to consumers on a voluntary basis inflicted in
a result of commission of anticompetitive agreements or anticompetitive coordinated
actions.
Footnote. Article 159 as amended by the Law of the Republic of Kazakhstan dated
05.05.2015 No. 312-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 160. Breach of the legislation of the Republic of
Kazakhstan on state monopoly
1. Non-compliance of restrictions by a subject of state monopoly established by
the legislation of the Republic of Kazakhstan on state monopoly, shall –
entail a fine in amount of three hundred monthly calculation indices.
2. Carrying out of activity related to the scope of the state monopoly by the
unauthorized person shall –
entail a fine on individuals in amount of one hundred, on subjects of small
entrepreneurship – in amount of one hundred fifty, on subjects of medium
entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in
amount of three hundred monthly calculation indices, with a confiscation of the subjects
and (or) tools for commission of administrative infraction or without such.
Article 161. Illegal actions of market entities upon economic
concentration
1. Economic concentration of market entities without receipt of agreement of the
antimonopoly body in case if such agreement is required, non-fulfillment of requirements
and obligations by market entities participating in economic concentration, by whom the
decision on giving the agreement for economic concentration is conditioned, shall –
entail a fine on individuals in amount of eighty, on subjects of small
entrepreneurship or non-profit organizations – in amount of two hundred, on subjects of
medium entrepreneurship – in amount of three hundred twenty, on subjects of large
entrepreneurship – in amount of one thousand six hundred monthly calculation indices.
2. Non-provision or untimely provision of a notification to the antimonopoly body
on committed economic concentration in case if existence of such notification is
required, shall –
entail a fine on individuals in amount of eighty, on subjects of small
entrepreneurship or non-profit organizations – in amount of two hundred, on subjects of
medium entrepreneurship – in amount of three hundred twenty, on subjects of large
entrepreneurship – in amount of one thousand six hundred monthly calculation indices.
Article 162. Non-fulfillment of a prescription of the
antimonopoly body. Violation of obligations on provision of
information and creation of obstacles to access
to premises and in a territory Non-fulfillment of a prescription or fulfillment not in a full measure, non-
provision of information or provision of information not in a full measure to the
antimonopoly body within established terms, provision of inaccurate and (or) false
information to the antimonopoly body, creation of obstacles to civil servants of the
antimonopoly body prosecuting the investigation to access to premises and in a
territory, shall –
entail a fine on individuals in amount of eighty, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of one hundred sixty, on
subjects of medium entrepreneurship – in amount of three hundred sixty, on subjects of
large entrepreneurship – in amount of one thousand six hundred monthly calculation
indices.
Article 163. Anticompetitive actions of the state, local
executive bodies, unfair competition
1. Anticompetitive actions of the state, local executive bodies shall –
entail a fine on civil servants in amount of three hundred monthly calculation
indices.
2. Unfair competition shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred, on
subjects of medium entrepreneurship – in amount of three hundred, on subjects of large
entrepreneurship – in amount of one thousand five hundred monthly calculation indices.
3. The action provided by a part two of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction shall –
entail a fine on subjects of small entrepreneurship in amount of three hundred, on
subjects of medium entrepreneurship – in amount of four hundred, on subjects of large
entrepreneurship – in amount of two thousand monthly calculation indices.
Article 164. Breach of the legislation of the Republic of
Kazakhstan on natural monopolies and regulated markets
1. Non-provision of information, report, notification of established forms to the
authorized body carrying out management in the scopes of natural monopolies and on
regulated markets by a subject of natural monopoly, and equally provision of
information, report, notification of established forms with violation of established
terms, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred, on
subjects of medium entrepreneurship – in amount of two hundred forty, on subjects of
large entrepreneurship – in amount of eight hundred monthly calculation indices.
2. The same actions (omission) committed repeatedly second time second time within
a year after imposition of administrative sanction provided by a part one of this
Article, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred
forty, on subjects of medium entrepreneurship – in amount of two hundred eighty, on
subjects of large entrepreneurship – in amount of one thousand two hundred monthly
calculation indices.
3. Non-provision of an application and documents, information on inclusion into
the State register on subjects of natural monopolies by persons carrying out the
activity related to the scope of natural monopoly to the authorized body within fifteen
calendar days from the date of beginning of carrying out of this activity in the manner
established by the legislation on natural monopolies and regulated markets, shall –
entail a fine in amount of one hundred percent of a sum of revenue (profit)
received in a result of commission of administrative infraction.
4. Non-compliance with restrictions by a subject of natural monopoly, and equally
non-fulfillment or improper fulfillment of the obligations established by the
legislation of the Republic of Kazakhstan on natural monopolies and regulated markets by
the subject of natural monopoly, with the exception of the obligation of providing
information, report, notification to the authorized body carrying out management in the
scopes of natural monopolies and on regulated markets, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred
eighty, on subjects of medium entrepreneurship – in amount of three hundred twenty, on
subjects of large entrepreneurship – in amount of six hundred monthly calculation
indices.
5. Action (omission) provided by a part three of this Article that incurred
receipt of revenue (profit), shall –
entail a fine on legal entities in amount of ten percent of the revenue (profit)
received in a result of commission of administrative infraction.
Note. The revenue (profit) received in a result of commission of administrative
infraction shall be regarded as the difference between the revenue (profit) received by
a subject of natural monopoly, and the revenue (profit) that the subject of natural
monopoly should receive upon compliance with the legislation of the Republic of
Kazakhstan.
Article 165. Violation of procedure for sales (disposal)
of electric energy
1. Sales (disposal) of electric energy by energy producing organization, with the
exception of cases of selling (disposing) on spot-biddings (no more than ten percent of
the volumes of produced electric energy), balancing market and for export, according to
the tariff exceeding the limiting, individual, calculation tariffs of electric energy
respectively, shall –
entail a fine on legal entities in amount of ten percent of the revenue (profit)
received in a result of commission of administrative infraction.
2. Sale (disposal) of electric energy by energy producing organization to
individuals and legal entities that are not the subjects of wholesale and (or) retail
market, with the exception of cases of exporting electric energy, shall –
entail a fine on legal entities in amount of one hundred percent of the sum of the
revenue (profit) received in a result of commission of administrative infraction.
3. Illegal acquisition (purchase) of electric energy by energy producing
organization from another energy producing organization, shall –
entail a fine on legal entities in amount of one hundred percent of payment for
electric energy being acquired (purchased) in a result of commission of administrative
infraction.
4. Illegal sale (disposal) of electric energy by energy producing organization to
another energy producing organization, and equally its illegal acquisition (purchase)
from another energy producing organization shall –
entail a fine on legal entities in amount of one hundred percent of a sum of
payment for electric energy being sold (disposed), equally as acquired (purchased) in a
result of commission of administrative infraction.
Note.
1. The revenue (profit) received in a result of commission of administrative
infraction shall be regarded as:
1) according to part one of this Article: the difference between the revenue
(profit) received by energy producing organization, with the exception of cases provided
by this Article, and the revenue (profit) calculated respectively on limiting,
calculation, individual tariffs of electric energy;
2) according to parts one, three and four of this Article: all the income (profit)
received in a result of violation of prohibition for selling (disposing) electric energy
established by the legislation of the Republic of Kazakhstan on electric power industry.
2. Composition of revenue (profit) shall include the cost of sold (disposed)
electric energy, but not paid on a date of drawing up the protocol on administrative
infraction.
Article 166. Violation of obligations by regulated
markets entities 1. Non-provision of information by a regulated market entity on selling prices
accompanied by supporting materials confirming the level of price, financial report in
accordance with the legislation of the Republic of Kazakhstan on business accounting and
financial reporting, as well as information on the volumes of production (sale), rate of
return and selling prices of monopolistically produced (sold) goods (works, services)
within the terms established by the legislation of the Republic of Kazakhstan on natural
monopolies and regulated markets, as well as provision of inaccurate and (or) incomplete
information to the authorized body carrying out management in the scopes of natural
monopolies and on regulated markets, shall –
entail a fine on subjects of small entrepreneurship in amount of three hundred, on
subjects of medium entrepreneurship – in amount of four hundred, on subjects of large
entrepreneurship – in amount of two thousand monthly calculation indices.
2. Non-execution of investment programs (projects) considered in limit prices by
regulated market entities, shall –
entail a fine on subjects of small entrepreneurship, subjects of medium
entrepreneurship, subjects of large entrepreneurship – in amount of ten percent of sums
not used for realization of investment programs (projects).
3. Non-fulfillment of the obligation by regulated market entities on return of the
revenue (profit) received and not used for realization of investment programs (projects)
considered in limit prices to consumers or in case of impossibility to establish the
full list of the consumers by lowering the limit price level for the coming period in
accordance with the manner of price formation, shall –
entail a fine on subjects of small entrepreneurship – in amount of sixty five, on
subjects of medium entrepreneurship – in amount of eighty, on subjects of large
entrepreneurship – in amount of one hundred percent of a sum of the revenue (profit)
received in a result of commission of administrative infraction.
4. Non-fulfillment of the obligation by regulated market entities on return of the
revenue (profit) received in a result of unreasonable excess of limit price to consumers
or in case of impossibility to establish the full list of the consumers by lowering the
limit price level for the coming period in accordance with the manner of price
formation, shall –
entail a fine on subjects of small entrepreneurship in amount of sixty five, on
subjects of medium entrepreneurship – in amount of eighty, on subjects of large
entrepreneurship – in amount of one hundred percent of a sum of the revenue (profit)
received in a result of commission of administrative infraction.
5. Excess of a price and sale of goods (works, services) by regulated market
entity without representation of a notification on coming excess of the price to the
authorized body carrying out management in the scopes of natural monopolies and on
regulated markets within the terms established by the legislation of the Republic of
Kazakhstan, and equally non-lowering of current or projected price up to the price level
determined by the authorized body carrying out the management in the scopes of natural
monopolies and on regulated markets, in the manner established by the legislation of the
Republic of Kazakhstan on natural monopolies and regulated markets, shall –
entail a fine on subjects of small entrepreneurship, subjects of medium
entrepreneurship, subjects of large entrepreneurship – in amount of ten percent of the
revenue (profit) received in a result of commission of administrative infraction.
Note.
1. The revenue (profit) received in a result of commission of administrative
infraction shall be regarded as:
1) according to part three of this Article: the difference between the revenue
(profit) received by regulated market entity for selling investment programs (projects)
on account of applying the limit price, and the revenue (profit) used for realization of
investment programs (projects);
2) according to part of this Article: the difference between the revenue (profit)
received by regulated market entity, and the revenue (profit) formed proceeding from the
limit price level;
3) according to part two of this Article: the difference between the revenue
(profit) received by regulated market entity, and the revenue (profit) calculated at the
price, the level of which is determined by the authorized body carrying out management
in the scopes of natural monopolies and on regulated markets.
2. Composition of the revenue (profit) should include the cost of sold goods
(works, services), but not paid on a date of drawing up the protocol on administrative
infraction.
Article 167. Non-compliance with procedure for price formation
by regulated market entity
Non-compliance with procedure for price formation established by the authorized
body carrying out management in the scopes of natural monopolies and on regulated
markets by regulated market entity, shall –
entail a fine on subjects of small entrepreneurship in amount of three hundred, on
subjects of medium entrepreneurship – in amount of four hundred, on subjects of large
entrepreneurship – in amount of two thousand monthly calculation indices.
Footnote. Article 167 as amended by the Law of the Republic of Kazakhstan dated
05.05.2015 No. 312-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 168. Non-execution of investment program by energy
producing organization
Non-execution of a prescription on execution of investment program by energy
producing organization introduced by the authorized body carrying out management in the
scopes of natural monopolies and on regulated markets, shall –
entail a fine in amount of ten percent of the sums received from consumers and not
used for the purpose of realization of investment program.
Article 169. Breach of the legislation of the Republic of
Kazakhstan on the state regulation of production and
turnover of biofuel 1. Excess of quota standard by producers of biofuel for acquisition of food raw
materials for the following its processing into biofuel, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred
fifty, on subjects of medium entrepreneurship – in amount of three hundred forty, on
subjects of large entrepreneurship – in amount of one thousand five hundred seventy
monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of three hundred, on
subjects of medium entrepreneurship – in amount of three hundred ninety, on subjects of
large entrepreneurship – in amount of one thousand eight hundred twenty monthly
calculation indices, with a confiscation of products produced from the food raw
materials in amount of exceeded quota, and suspension of activity on production of
biofuel for the term up to three months.
3. Use of wheat of the classes 1 and 2 as a food raw material upon production of
biofuel shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of seven hundred fifty monthly calculation indices.
4. Sale of biofuel, the composition of which does not conform to the composition
established by the technical regulations shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred, on
subjects of medium entrepreneurship – in amount of three hundred, on subjects of large
entrepreneurship – in amount of seven hundred fifty monthly calculation indices.
5. Production of turnover of undenatured bioethanol, with the exception of cases
of its delivery to the plant on production of biofuel or to the oil processing plant for
processing into other types of biofuel, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred, on
subjects of medium entrepreneurship – in amount of three hundred, on subjects of large
entrepreneurship – in amount of seven hundred fifty monthly calculation indices.
6. Carrying out of production of biofuel by two and more producers of biofuel at
one and the same plant on production of biofuel, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of seven hundred fifty monthly calculation indices.
7. Production of biofuel by producers of the biofuel without production passport,
without control instruments for recording the volumes of producing the biofuel or during
their state of defect, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred ten,
on subjects of medium entrepreneurship – in amount of two hundred twenty, on subjects of
large entrepreneurship – in amount of seven hundred thirty monthly calculation indices,
with the confiscation of products produced during this period.
8. Acceptance of biofuel of food raw materials by producers that is genetically
modified source (object) or containing genetically modified sources (objects) without
scientific substantiated confirmation of their safety and conduct of their state
registration, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
twenty five, on subjects of medium entrepreneurship – in amount of two hundred fifty, on
subjects of large entrepreneurship – in amount of nine hundred forty monthly calculation
indices.
9. Sale of biofuel by producers of the biofuel without execution of accompanying
notes, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
thirty, on subjects of medium entrepreneurship – in amount of two hundred seventy, on
subjects of large entrepreneurship – in amount of seven hundred ten monthly calculation
indices.
10. Sale of biofuel by producers of the biofuel to the persons that do not carry
out production of biofuel and (or) that do not have a license for compounding of oil
products, with the exception of exporting the biofuel upon existence of the relevant
documents, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
thirty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects
of large entrepreneurship – in amount of nine hundred ninety monthly calculation
indices, with a confiscation of biofuel in a volume equal to the sold batch.
11. Release of produced biofuel by producers of the biofuel for its storage to
persons that are not the participants of the biofuel market, with the exception of
exporting the biofuel upon existence of the relevant documents, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred ten,
on subjects of medium entrepreneurship – in amount of three hundred, on subjects of
large entrepreneurship – in amount of six hundred monthly calculation indices, with a
confiscation of biofuel in a volume equal to the sold batch.
12. Storage of biofuel by persons that are not the participants of the biofuel
market and (or) that do not have a license for compounding of oil products, with the
exception of exporting biofuel upon existence of the relevant documents, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
thirty five, on subjects of medium entrepreneurship – in amount of one hundred seventy,
on subjects of large entrepreneurship – in amount of two hundred sixty monthly
calculation indices, with a confiscation of biofuel in a volume equal to the sold batch.
13. The actions provided by parts seven, eight, nine, ten, eleven of this Article
committed repeatedly second time second time within a year after imposition of
administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred, on
subjects of medium entrepreneurship – in amount of four hundred, on subjects of large
entrepreneurship – in amount of one thousand three hundred monthly calculation indices,
with a confiscation of biofuel in a relevant volume.
14. The action provided by a part twelve of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction shall
–
entail a fine on subjects of small entrepreneurship in amount of one hundred
twenty, on subjects of medium entrepreneurship – in amount of two hundred forty, on
subjects of large entrepreneurship – in amount of four hundred thirty monthly
calculation indices.
Article 170. Violation of requirements of the legislation of
the Republic of Kazakhstan on gas and gas supply 1. Non-provision of details by a subject of gas supply systems on production,
transportation (transfer), storage and sale of sales, liquefied petroleum and (or)
liquefied natural gas, and equally provision of details with violation of established
terms, shall –
entail a fine on subjects of small entrepreneurship in amount of twenty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
2. Non-compliance with restrictions on operation of objects of the gas supply
systems established by the legislation of the Republic of Kazakhstan on gas and gas
supply, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices.
3. Violation of procedure for recording and (or) sale of sales and (or) liquefied
petroleum gas established by the legislation of the Republic of Kazakhstan on gas and
gas supply, shall –
entail a fine on subjects of small entrepreneurship in amount of seventy five, on
subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of
large entrepreneurship – in amount of seven hundred monthly calculation indices.
4. Violation of a priority right of the state by a subsurface user to acquisition
of raw and (or) commercial gas, shall –
entail a fine on legal entities in amount of one thousand monthly calculation
indices.
5. Violation of a priority right of the state by an owner of an object of the gas
supply systems to acquisition of objects of the unified commercial gas supply system,
shares in a right of common property to objects of the unified commercial gas supply
system and (or) blocks of shares (participatory interests) of legal entities-owners of
the objects of the unified commercial gas supply system, shall –
entail a fine on legal entities in amount of thousand monthly calculation indices.
6. Non-compliance with established technical operating regimes of the objects of
unified commercial gas supply system shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of one thousand five hundred monthly calculation indices.
7. The action provided by a part three of this Article that lead receipt of the
revenue (profit), shall –
entail a fine on legal entities – in amount of thirty percent of the revenue
(profit) received in a result of commission of administrative infraction, with
suspension of the action or deprivation of accreditation certificate.
8. Violation of the rules of accreditation of gas network organizations shall –
entail a fine on subjects of medium entrepreneurship in amount of two hundred, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices, with suspension of the validity term of accreditation certificate.
9. Provision of knowingly inaccurate information by an applicant upon receipt of
accreditation certificate, and equally the actions (omission) provided by a part seven
of this Article committed repeatedly second time second time within a year after
imposition of administrative sanction, as well as non-elimination of the violations of
rules of accreditation that lead bringing to administrative liability, upon expiry of
the term for suspension of validity term of accreditation certificate, shall –
entail a fine on subjects of medium entrepreneurship – in amount of two hundred,
on subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices, with deprivation of the accreditation certificate.
Note. The revenue (profit) received in a result of commission of administrative
infraction shall be regarded as the difference between the revenue (profit) received by
a person that committed the administrative infraction, and the revenue (profit) that
this person should receive upon compliance with the legislation of the Republic of
Kazakhstan.
Article 171. Excess of limit prices of selling oil products,
commercial liquefied petroleum gas to which the state
regulation of prices is established
1. Excess of limit price of retail sale of oil products by retail sellers of oil
products established I accordance with the legislation of the Republic of Kazakhstan on
the state regulation of production and turnover of separate types of oil products, shall
–
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of one thousand monthly calculation indices.
2. Excess of limit prices of wholesale trade by persons carrying out wholesale
trade of commercial or liquefied petroleum gas established in accordance with the
legislation of the Republic of Kazakhstan on gas and gas supple, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
fifty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects
of large entrepreneurship – in amount of two thousand monthly calculation indices.
3. The actions provided by parts one and two of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction, shall
–
entail a fine on legal entities in amount of one hundred percent of the revenue
(profit) received in a result of commission of administrative infraction, with
suspension of the validity term or deprivation of accreditation certificate.
Note. The revenue (profit) received in a result of commission of administrative
infraction shall be regarded as the difference between the revenue (profit) received by
a person that committed the administrative infraction, and the revenue (profit) that
this person should receive upon compliance with the legislation of the Republic of
Kazakhstan.
Article 172. Breach of the legislation of the Republic of
Kazakhstan on electric power industry
1. Non-publication, untimely, inaccurate or imcomplete publication of details in
mass media by energy producing organization on a volume and directions of investments or
fulfillment of investment obligations provided by the legislation of the Republic of
Kazakhstan on electric power industry, shall –
entail a fine on subjects of medium entrepreneurship in amount of one hundred
sixty, on subjects of large entrepreneurship – in amount of eight hundred monthly
calculation indices.
2. Non-provision, untimely, inaccurate or incomplete provision of reports on
expenses for production and sale of electric energy and on volumes of production and
sale of electric energy provided by the legislation of the Republic of Kazakhstan on
electric power industry by energy producing organization, shall –
entail a fine on subjects of medium entrepreneurship in amount of three hundred
twenty, on subjects of large entrepreneurship – in amount of one thousand six hundred
monthly calculation indices.
3. Non-provision, untimely, inaccurate or incomplete provision of information by
energy producing, power transmission organizations, requested by the state bodies,
required for carrying out of their powers provided by the legislation of the Republic of
Kazakhstan on electric power industry, shall –
entail a fine on subjects of medium entrepreneurship in amount of three hundred
twenty, on subjects of large entrepreneurship – in amount of one thousand six hundred
monthly calculation indices.
4. Non-fulfillment of investment obligations by energy producing organization
determined by the agreement, with the exception of cases provided by the legislation of
the Republic of Kazakhstan on electric power industry, shall –
entail a fine on subjects of medium entrepreneurship in amount of five, on
subjects of large entrepreneurship – in amount of ten percent of the sums not used for
realization of investment obligations provided by the agreement.
5. Illegal restriction and (or) cutoff of electric and (or) heat energy shall –
entail a fine on subjects of small entrepreneurship in amount of twenty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of seventy five monthly calculation indices.
6. Refusal of energy producing organization from conclusion of individual contract
of energy supply with a consumer, shall –
entail a fine on subjects of small entrepreneurship in amount of twenty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of seventy five monthly calculation indices.
Footnote. Article 172 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 173. Illegal interference of civil servants in
entrepreneurial activity
Illegal interference of civil servants of the state bodies carrying out
supervisory and control functions, as well as of the local executive bodies in activity
of individual entrepreneurs, legal entities by issuance of illegal acts and giving of
illegal orders impeding their entrepreneurial activity, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 174. Bribery of participants and organizers of
professional sporting competitions and entertaining
commercial tenders
1. Bribery of sportsmen, sport judges, trainers, team leaders and other
participants or organizers of professional sporting competitions, and equally organizers
or award panels of entertaining commercial tenders for the purpose of influencing on
results of these competitions or tenders, shall –
entail a fine in amount of two hundred monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of three hundred monthly calculation indices or
administrative arrest up to fifteen days.
3. Illegal receipt of money, securities or another property by sportsmen,
transferred to them for the purpose of influencing on results of competitions, and
equally illegal use of the services of property character by the sportsmen, rendered to
them for the same purposes shall –
entail a fine in amount of four hundred monthly calculation indices.
4. Illegal receipt of money, securities or another property, illegal use of
services of property character by sports judges, trainers, team leaders and other
participants or organizers of professional sports competitions, and equally by
organizers or award panels of entertaining commercial tenders for the purposes mentioned
in a part three of this Article, shall –
entail a fine in amount of four hundred monthly calculation indices.
Article 175. Violation of the procedure for conduct of
inspection of subjects of private entrepreneurship 1. Violation of the procedure for inspection of subjects of private
entrepreneurship, including:
1) absence of grounds for conduct of inspection;
2) absence of the act on assignment of inspection;
3) non-compliance with the terms of notifying conduct of inspection;
4) inspection of performing the requirements established by the Laws of the
Republic of Kazakhstan, decrees of the President of the Republic of Kazakhstan and
regulations of the Government of the Republic of Kazakhstan, if such requirements do not
relate to the competence of the state body;
5) requirement on representing documents, information, samples of products,
samples of surveying an object of ecological interest and objects of industrial
environment, if they are not the objects of inspection or do not relate to the subject
of inspection;
6) selection of samples of the products, samples of surveying objects of
ecological interest and objects of industrial environment for conduct of their
researches, tests, meterings without drawing up of the protocols on selection of
mentioned samples, samples on established form and (or) quantity exceeding the norms,
established by the national standards, rules of selecting the samples, samples and
methods of their researches, tests, meterings, technical regulations or other regulatory
technical documents, rules and methods of researching, tests, meterings being valid up
to the date of their entering into force;
7) divulgation and (or) distribution of information received in a result of
conduct of inspection and that is commercial or another secret protected by the Law,
with the exception of cases provided by the legislation of the Republic of Kazakhstan;
8) excess of established terms for conduct of inspection;
9) conduct of knowingly repeated inspection of an individual or legal entity in
respect of whom the inspection was conducted on one and the same question for one and
the same period, with the exception of cases provided by subparagraphs 2), 4), 6), 7)
and 8) of paragraph 7 of Article 16 of the Law of the Republic of Kazakhstan “On state
control and supervision in the Republic of Kazakhstan”;
10) conduct of measures having cost-based character for the purpose of the state
control on account of subjects of private entrepreneurship;
11) violation of time duration in respect of the previous inspection upon
assignment of scheduled inspection;
12) non-representation of the act of inspection to a subject being under
inspection shall –
entail a fine on a civil servant I amount of twenty monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on a civil servant in amount of twenty five monthly calculation
indices.
Article 176. Unlawful actions upon rehabilitation
and bankruptcy
1. Concealing a property or property obligations, details on the property, its
size, location or another information on the property, transfer of the property to
another possession, alienation or destruction of the property, and equally non-
representation, concealing, destruction, falsification of bookkeeping and other
accounting documents, non-taking the measures on their restoration, if these actions
(omission) are committed upon rehabilitation or bankruptcy or in anticipation of the
bankruptcy and do not have the signs of criminally punishable act, shall –
entail a fine on subjects of small entrepreneurship in amount of three hundred, on
subjects of medium entrepreneurship – in amount of five hundred, on subjects of large
entrepreneurship – in amount of one thousand monthly calculation indices.
2. Illegal satisfaction of property requirements of separate creditors by a civil
servant, property owner of a debtor or individual entrepreneur who knows on own factual
insolvency (bankruptcy), as well as by a person vested with functions of managing the
property and affairs of the insolvent debtor upon the procedure for bankruptcy or
rehabilitative procedure, knowingly in prejudice of other creditors, and equally
acceptance of such satisfaction by the creditor who knows about the preference given to
him (her) by the insolvent debtor in prejudice of other creditors, if these actions did
not inflict heavy damage, shall –
entail a fine on subjects of small entrepreneurship in amount of three hundred
fifty, on subjects of medium entrepreneurship – in amount of six hundred, on subjects of
large entrepreneurship – in amount of two thousand monthly calculation indices.
Article 177. Breach of the legislation of the Republic of
Kazakhstan on rehabilitation and bankruptcy by
a temporary manager
1. Non-fulfillment or improper fulfillment of the obligation to represent a
conclusion on financial status of a debtor to the court, shall –
entail a fine in amount of fifty monthly calculation indices.
2. Non-fulfillment or improper fulfillment of the obligation to conduct inventory
of a property mass of a bankrupt and (or) to represent a report on the inventory, shall
–
entail a fine in amount of fifty monthly calculation indices.
3. Non-fulfillment or improper fulfillment of the obligation to direct a notice to
the authorized body in the field of rehabilitation and bankruptcy on initiation of a
case on bankruptcy and procedure for applying requirements by the creditors for its
placing on a website, shall –
entail a fine in amount of fifteen monthly calculation indices.
4. Non-ensuring of control of the assets of a debtor for the purpose of non-
admission of withdrawal by the property owner and assets of the debtor, founders
(participants) during the judicial proceeding, shall –
entail a fine in amount of fifty monthly calculation indices.
5. Non-fulfillment or improper fulfillment of the obligation to represent
information to the authorized body in the field of rehabilitation and bankruptcy on a
course of carrying out the procedure for bankruptcy in a due form, shall –
entail a fine in amount of fifteen monthly calculation indices.
6. Untimely notification of creditors on decision adopted following the results of
considering the requirements applied in accordance with the legislation of the Republic
of Kazakhstan on rehabilitation and bankruptcy, shall –
entail a fine in amount of fifteen monthly calculation indices.
7. Non-fulfillment or improper fulfillment of the obligation on notifying the
creditors on a date, time and place of holding the meeting of creditors, shall –
entail a fine in amount of fifteen monthly calculation indices.
8. Violation of the procedure for placing informational message on holding of
electronic auction established by the legislation of the Republic of Kazakhstan on
rehabilitation and bankruptcy, shall –
entail a fine in amount of fifteen monthly calculation indices.
9. Non-fulfillment or improper fulfillment of the obligation to accept
constitutive, financial, entitling and other documents and seals of a debtor from his
(her) suspended civil servants, and equally to go to the court with the application on
issuing the order of enforcement on enforcement of the court decision in a part of
transferring mentioned documents and seals by suspended civil servants to a temporary
manager, shall –
entail a fine in amount of fifteen monthly calculation indices.
10. Non-fulfillment or improper fulfillment of the obligation to transfer
constitutive documents, accounting records, seals, stamps, material and other values of
a debtor upon transferring the powers from a temporary manager to a bankruptcy manager
or the debtor, substitution of the temporary manager, in case of delivering the ruling
of the court on suspension or termination of proceeding on a case, decision on refusal
in recognizing the debtor as the bankrupt or reversal of the court decision on
recognizing the debtor as the bankrupt, as well as imposition of conduct of liquidation
without initiation of the bankruptcy proceeding on the authorized body in the field of
rehabilitation and bankruptcy, shall –
entail a fine in amount of fifteen monthly calculation indices.
11. Non-fulfillment or improper fulfillment of the obligation to represent
information on the basis of written request of a creditor and property owner of a
debtor, shall –
entail a fine in amount of thirty monthly calculation indices.
12. Non-fulfillment or improper fulfillment of the obligation to form a register
of requirements of the creditors shall –
entail a fine in amount of fifty monthly calculation indices.
13. Non-fulfillment or improper fulfillment of the obligation to consider the
application of a debtor on coordination of transactions outside the regular commercial
operations, shall –
entail a fine in amount of fifty monthly calculation indices.
14. Selling of a perishable property of a bankrupt without coordination with the
authorized body in the field of rehabilitation and bankruptcy, shall –
entail a fine in amount of fifty monthly calculation indices.
15. Actions (omission) provided by parts one – fourteen of this Article committed
repeatedly second time second time within a year after imposition of administrative
sanction, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 178. Violation of established procedure for conduct
of public biddings, auctions and tenders
Violation of established procedure for conduct of public biddings, auctions and
tenders that inflicted heavy damage to the property owner, organizer of biddings or
auctions, customer or another economic entity, shall –
entail a fine in amount of one hundred fifty monthly calculation indices.
Note. Heavy damage in this Article shall be considered as the damage inflicted to
an individual to the sum one hundredfold exceeding the monthly calculation index, or the
damage inflicted to an organization or the state to the sum, five hundredfold exceeding
monthly calculation index.
Article 179. Breach of the legislation of the Republic of
Kazakhstan on rehabilitation and bankruptcy by a bank manager
1. Non-fulfillment or improper fulfillment of the obligation to conduct inventory
and (or) represent a report on inventory to the meeting of creditors, shall –
entail a fine in amount of fifty monthly calculation indices.
2. fulfillment or improper fulfillment of the obligation to ensure security and
control of the property of a bankrupt, shall –
entail a fine in amount of fifty monthly calculation indices.
3. Non-fulfillment or improper fulfillment of the obligation to specify
requirements on recovery of a debt from the persons having debts before a bankrupt in a
judicial procedure, with the exception of cases established by the legislation of the
Republic of Kazakhstan on rehabilitation and bankruptcy, shall –
entail a fine in amount of fifteen monthly calculation indices.
4. Non-fulfillment or improper fulfillment of the obligation to represent
information to the authorized body in the field of rehabilitation and bankruptcy on the
course of carrying out the procedure for bankruptcy, shall –
entail a fine in amount of fifteen monthly calculation indices.
5. Non-notification or improper notification of a creditor on a date, time and
place of holding a meeting of creditors in the procedure of bankruptcy, shall –
entail a fine in amount of fifteen monthly calculation indices.
6. Violation of the procedure for placing informational message on conduct of
electronic auction established by the legislation of the Republic of Kazakhstan on
rehabilitation and bankruptcy, shall –
entail a fine in amount of fifteen monthly calculation indices.
7. Violation of the procedure for generation of sales plan of a property (assets)
of a bankrupt, shall –
entail a fine in amount of fifteen monthly calculation indices.
8. Non-fulfillment or improper fulfillment of the obligation to carry out
calculations with creditors after adoption of decision by the meeting of creditors on
transition to calculations, and equally conduct of calculations with the creditors with
violation of established procedure for satisfying requirements of the creditors, shall –
entail a fine in amount of fifteen monthly calculation indices.
9. Failure to deliver information to the law enforcement bodies in cases of
detection of the signs of premeditated and (or) false bankruptcy, shall –
entail a fine in amount of fifteen monthly calculation indices.
10. Non-fulfillment or improper fulfillment of the obligations to detect
transactions committed by a debtor or a person authorized by him (her) with violation of
requirements provided by the civil legislation of the Republic of Kazakhstan and the Law
of the Republic of Kazakhstan “On rehabilitation and bankruptcy”, and non-specification
of requirements on recognizing them invalid or return of the property in a judicial
proceeding to the property mass of a bankrupt, shall –
entail a fine in amount of fifteen monthly calculation indices.
11. Overexpenditure or inappropriate use of money provided by administrative
expenditure estimate, shall –
entail a fine in amount of fifteen monthly calculation indices.
12. Non-fulfillment or improper fulfillment of the obligations to transfer
constitutive documents, accounting records, seals, stamps, material and other values of
a debtor to newly appointed bankrupt manager or debtor upon suspension (release) of the
bankrupt manager or reversal of the court decision on recognizing the debtor as
bankrupt, shall –
entail a fine in amount of fifteen monthly calculation indices.
13. Non-representation, untimely presentation or presentation of concluding
statement that does not conform to requirements of the legislation of the Republic of
Kazakhstan on rehabilitation and bankruptcy to the court, shall –
entail a fine in amount of fifteen monthly calculation indices.
14. Non-fulfillment or improper fulfillment of the obligations to provide
information to the authorized body in the field of rehabilitation and bankruptcy with
accompanied by confirming documents, shall –
entail a fine in amount of fifteen monthly calculation indices.
15. Failure to notify or untimely notice of a creditor on the course of carrying
out the procedure for bankruptcy on the basis of his (her) written request, shall –
entail a fine in amount of fifteen monthly calculation indices.
16. Untimely application to a creditor on setoff of requirements on the basis of
decision of the creditors’ commission, shall –
entail a fine in amount of fifteen monthly calculation indices.
17. Non-fulfillment or improper fulfillment of the obligations on request of
information from the state bodies, individuals and legal entities on a bankrupt,
property belonging to him (her) and copies of confirming documents, shall –
entail a fine in amount of fifteen monthly calculation indices.
18. Non-specification of requirements to the court on recovery (compensation) of
damage (subsidiary responsibility) in case of establishment of guilt of civil servants
of a debtor, shall –
entail a fine in amount of fifty monthly calculation indices.
19. Non-fulfillment or improper fulfillment of the obligations on provision of a
copy of the court act to the creditors’ committee concerning the interests of a bankrupt
and his (her) creditors for consideration of the question of his (her) appealing, unless
otherwise established by the agreement with a bankrupt manager, shall –
entail a fine in amount of fifteen monthly calculation indices.
20. Non-fulfillment or improper fulfillment of obligations on acceptance of
constitutive, financial and entitling documents for a bankrupt’s property, seal and the
bankrupt’s property from a temporary manager, shall –
entail a fine in amount of fifteen monthly calculation indices.
21. Untimely closing of a bankrupt’s banking account, delivery of a taxpayer’s
certificate blank and certificates on registering for the value added tax (where
available) to the state revenues body, destruction of a bankrupt’s seal, shall –
entail a fine in amount of fifteen monthly calculation indices.
22. Action (omission) provided by parts one – twenty one of this Article committed
repeatedly second time second time within a year after imposition of administrative
sanction, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 180. Breach of the legislation of the Republic
of Kazakhstan on rehabilitation and bankruptcy by
a temporary administrator 1. Non-fulfillment or improper fulfillment of the obligation to direct notices to
the authorized body in the field of rehabilitation and bankruptcy on applying
rehabilitative procedure and procedure for specifying requirements by creditors for
placing on its website, shall –
entail a fine in amount of fifteen monthly calculation indices.
2. Violation of the procedure for formation of a register of requirements of the
creditors established by the legislation of the Republic of Kazakhstan on rehabilitation
and bankruptcy, shall –
entail a fine in amount of fifty monthly calculation indices.
3. Non-fulfillment or improper fulfillment of the obligation to direct conclusions
on efficiency of a rehabilitation plan to the court, shall –
entail a fine in amount of fifteen monthly calculation indices.
4. Non-fulfillment or improper fulfillment of the obligation to consider an
application of a debtor within five business days on coordination of the transaction
outside regular commercial operations, shall –
entail a fine in amount of fifty monthly calculation indices.
5. Non-fulfillment or improper fulfillment of the obligation to provide requested
information to the authorized body in the field of rehabilitation and bankruptcy
accompanied by confirming documents, shall –
entail a fine in amount of fifteen monthly calculation indices.
6. Non-fulfillment or improper fulfillment of the obligation to consider
requirements of the creditors and bring the results of consideration to them, shall –
entail a fine in amount of fifteen monthly calculation indices.
7. Non-fulfillment or improper fulfillment of the obligation to notify the
creditors on place and date of holding the creditors’ meeting, shall –
entail a fine in amount of fifteen monthly calculation indices.
8. Non-fulfillment or improper fulfillment of the obligation to file an
application to the court on termination of rehabilitative procedure in case of non-
coordination of a rehabilitation plan by the creditors and (or) non-representation of
the rehabilitation plan to the court within the term established by the Law of the
Republic of Kazakhstan “On rehabilitation and bankruptcy”, shall –
entail a fine in amount of fifteen monthly calculation indices.
9. Actions (omission) provided by parts one – eight of this Article committed
repeatedly second time second time after imposition of administrative sanction, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 181. Breach of the legislation of the Republic of
Kazakhstan on rehabilitation and bankruptcy by
a rehabilitation manager 1. Violation of the procedure for placing informational message on conduct of
electronic auction established by the legislation of the Republic of Kazakhstan on
rehabilitation and bankruptcy, shall –
entail a fine in amount of fifteen monthly calculation indices.
2. Non-fulfillment of the terms of agreement concluded with a creditors’ committee
in rehabilitative procedure, shall –
entail a fine in amount of fifteen monthly calculation indices.
3. Non-fulfillment or improper fulfillment of the obligation to accept a debtor’s
property in management and to ensure its protection, shall –
entail a fine in amount of fifteen monthly calculation indices
4. Non-fulfillment or improper fulfillment of a rehabilitation plan, shall –
entail a fine in amount of fifty monthly calculation indices.
5. Non-fulfillment or improper fulfillment of the obligation to provide
information to the authorized body in the field of rehabilitation and bankruptcy on the
course of carrying out the rehabilitative procedure accompanied by copies of documents,
shall –
entail a fine in amount of fifteen monthly calculation indices.
6. Non-notifying or improper notification of a creditor on date, time and place of
holding the meeting of creditors in rehabilitative procedure, shall –
entail a fine in amount of fifteen monthly calculation indices.
7. Non-fulfillment or improper fulfillment of the obligation to transfer
constitutive, financial, entitling and other documents and seals of a debtor to
appointed rehabilitation manager upon dismissal (release) or substitution of the
rehabilitation manager, shall –
entail a fine in amount of fifty monthly calculation indices.
8. Commission of transactions outside regular commercial operations not provided
by the rehabilitation plan, in a rehabilitative procedure without a consent of the
creditors’ meeting, shall –
entail a fine in amount of fifty monthly calculation indices.
9. Non-representation, untimely presentation or presentation of concluding
statement to the court that does not conform to requirements of the legislation of the
Republic of Kazakhstan on rehabilitation and bankruptcy, shall –
entail a fine in amount of fifteen monthly calculation indices.
10. Non-fulfillment or improper fulfillment of the obligation to detect existence
(absence) of signs of premeditated bringing of a debtor to the state of insolvency and
filing the application to the law enforcement bodies in existence of the signs for
adoption of procedural decision, shall –
entail a fine in amount of fifteen monthly calculation indices.
11. Non-fulfillment or improper fulfillment of the obligation to represent
information to a debtor’s creditor on the course of carrying out the activity on the
basis of his (her) written request, shall –
entail a fine in amount of thirty monthly calculation indices.
12. Non-fulfillment or improper fulfillment of the obligation to provide requested
information to the authorized body in the field of rehabilitation and bankruptcy
accompanied by the confirming documents, shall –
entail a fine in amount of thirty monthly calculation indices.
13. Non-fulfillment or improper fulfillment of the obligation to file a petition
in court on introduction of amendments and supplements in a rehabilitation plan, shall –
entail a fine in amount of thirty monthly calculation indices.
14. Untimely reference to the court on suspension of rehabilitative procedure,
shall –
entail a fine in amount of thirty monthly calculation indices.
15. Non-fulfillment or improper fulfillment of the obligationto bring the
information to the notice of members of the creditors’ committee on financial state,
transactions made in the course of regular commercial operations to the creditors’
committee, shall –
entail a fine in amount of thirty monthly calculation indices.
16. Non-fulfillment or improper fulfillment of the obligation to detect
transactions committed by a debtor or a person authorized by him (her) with a violation
of requirements provided by the civil legislation of the Republic of Kazakhstan and the
Law of the Republic of Kazakhstan “On rehabilitation and bankruptcy”, and non-
specification of requirements on recognizing them invalid or return of the property in a
judicial proceeding, shall –
entail a fine in amount of fifty monthly calculation indices.
17. Non-coordination of actions with the creditors’ meeting not provided by the
rehabilitation plan before their commission, shall –
entail a fine in amount of one hundred monthly calculation indices.
18. Commission of transactions entailing increase of credit indebtedness, if a
total sum of the credit indebtedness that occurred after applying rehabilitative
procedure increases twenty percent of the total sum of the credit indebtedness to the
date of introduction of rehabilitative procedure without approval of the creditors’
meeting, shall –
entail a fine in amount of one hundred monthly calculation indices.
19. Actions (omission) provided by parts one – eighteen of this Article committed
repeatedly second time second time within a year after imposition of administrative
sanction, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 182. Premeditated bankruptcy
Premeditated bankruptcy, i.e. intentional creation or increase of insolvency
committed in a result of actions (omission) of a founder (participant), civil servant,
bodies of a legal entity, and equally individual entrepreneur in personal interests or
in the interests of other persons, if this act does not contain signs of criminally
punishable act, shall –
entail a fine on subjects of small entrepreneurship in amount of three hundred, on
subjects of medium entrepreneurship – in amount of five hundred, on subjects of large
entrepreneurship – in amount of eight hundred monthly calculation indices.
Article 183. False bankruptcy
False bankruptcy, i.e. knowingly false notification by a founder (participant),
civil servant, bodies of a legal entity, and equally individual entrepreneur on own
insolvency for the purpose of false suggestion of the creditors for receiving deferral
or making payments due and owing to the creditors by installments or discounts from
debts, and equally for non-payment of debts, if this act does not contain the sings of
criminally punishable act, shall –
entail a fine on subjects of small entrepreneurship in amount of three hundred, on
subjects of medium entrepreneurship – in amount of four hundred, on subjects of large
entrepreneurship – in amount of seven hundred monthly calculation indices.
Article 184. Breach of the legislation of the Republic
of Kazakhstan on valuation activity 1. Drawing up of inaccurate report by an evaluator on property valuation, and
equally carrying out of the property valuation in cases prohibited by the legislation of
the Republic of Kazakhstan on valuation activity, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of sixty, on subjects of medium entrepreneurship – in amount of seventy, on
subjects of large entrepreneurship – in amount of one hundred twenty monthly calculation
indices, with suspension of the license validity term for the right to carry out
valuation activity.
2. The actions provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of eighty, on subjects of medium entrepreneurship – in amount of ninety, on
subjects of large entrepreneurship – in amount of one hundred eighty monthly calculation
indices, with deprivation of a license for the right to carry out valuation activity.
Article 185. Violation of the obligation to protect commercial,
banking secret, details of credit reports or information from
database of creditor histories of a credit bureau
Violation of the obligation to protect details containing commercial, banking
secret, details of credit reports or information received from database of creditor
histories of a credit bureau without the consent of their owner by a person who became
known due to professional or official activity, if this action does not contain the
signs of criminally punishable act, shall –
entail a fine in amount of fifty monthly calculation indices.
Note.
1. Person shall not bear liability in case of transferring details that are
commercial, banking secret, or details of credit reports or information received from
database of creditor histories of a credit bureau, owner or persons having the right to
receive such details upon their legal request in accordance with the legislative acts.
2. Bringing to administrative liability for commission of the act provided by this
Article shall be carried out upon application of organizations, owner or individual
entrepreneur to which the damage is inflicted.
Article 186. Violation of the obligation to protect secret of
insurance or pension savings or secret of extending microcredit Violation of the obligation to protect details containing secret of insurance or
pension savings or secret of extending microcredit without the consent of their owner by
a person that became known on them due to professional or official activity, shall –
entail a fine in amount of fifty monthly calculation indices.
Article 187. Breach of the legislation of the Republic of
Kazakhstan on tourist activity
1. Non-presentation, untimely presentation or incomplete presentation of details
by persons carrying out touristic activity on special aspects of the travels, dangers
that they may face upon travelling mentioned in rules of rendering of touristic
services, or non-carrying out of prevention measures oriented to safety ensuring of the
tourists, shall –
entail a fine on subjects of small entrepreneurship in amount of seventeen, on
subjects of medium entrepreneurship – in amount of twenty five, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices.
2. Rendering of touristic services by persons carrying out the touristic activity
without conclusion of written contract for tourist services, shall –
entail a fine on subjects of small entrepreneurship in amount of seventeen, on
subjects of medium entrepreneurship – in amount of twenty five, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices, with suspension of
license validity term.
3. Action (omission) provided by parts one and two of this Article committed
repeatedly second time second time within a year after imposition of administrative
sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of thirty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices, with
deprivation of a license.
4. Non-provision or untimely provision of information by persons carrying out
touristic activity to the state bodies concerned and a family of a tourist on emergency
situations with tourists during travels, shall –
entail a fine on subjects of small entrepreneurship in amount of thirty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices, with
deprivation of a license.
5. Action (omission) provided by a part four of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction, shall
–
entail a fine on subjects of small entrepreneurship in amount of seventy five, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices, with
deprivation of a license.
Article 188. Non-provision or untimely provision of information
on initiation of a case in court on a corporate dispute
Non-provision or untimely provision of information on initiation of a case in
court on a corporate dispute in case if its provision is provided by the Law, shall –
entail a fine on legal entities in amount of five hundred monthly calculation
indices.
Article 189. Violation of the procedure and terms for
considering references of individuals and legal entities 1. Violation of procedure and terms for considering references of individuals and
legal entities by a subject of large entrepreneurship established by the legislation of
the Republic of Kazakhstan on procedure for consideration of references of individuals
and legal entities, shall –
entail a fine on legal entities in amount of thirty monthly calculation indices.
2. The same action (omission) committed repeatedly second time second time within
a year after imposition of administrative infraction, provided by a part one of this
Article, shall –
entail a fine on legal entities in amount of sixty monthly calculation indices.
Chapter 15. ADMINISTRATIVE INFRACTIONS IN THE FIELD
OF TRADE AND FINANCES
Article 190. Consumer fraud 1. False measurement, false weighting, cheating in accounts, false suggestion in
respect of application characteristics or quality of goods (services) or another
consumer fraud by individual entrepreneurs or organizations carrying out trading
activity and rendering of services, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship – in amount of fifty, on subjects of medium entrepreneurship – in
amount of seventy five, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices, with deprivation of a license for particular type of
activity and suspension or prohibition of activity for a term up to three years.
3. The actions provided by a part one of this Article that entailed infliction of
substantial damage, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship – in amount of fifty, on subjects of medium entrepreneurship – in
amount of seventy five, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices, with deprivation of a license for particular type of
activity and suspension or prohibition of activity for a term up to three years.
4. The actions provided by a part one of this Article that entailed infliction of
heavy damage, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship – in amount of seventy five, on subjects of medium entrepreneurship –
in amount of one hundred, on subjects of large entrepreneurship – in amount of two
hundred monthly calculation indices, with deprivation of a license for particular type
of activity and suspension or prohibition of activity for a term up to three years.
Note. As applied to this Article, the substantial damage shall be regarded as a
sum exceeding one monthly calculation index, heavy damage – the sum that is no less than
three monthly calculation indices.
Article 191. Violation of rules for selling weapons
and ammunition to them
1. Violation of rules for selling non-military and service weapons and ammunition
to them by legal entities having the relevant licenses, shall –
entail a fine in amount of fifty monthly calculation indices with suspension of
license validity term.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of eighty monthly calculation indices with deprivation of
a license.
Article 192. Violation of procedure for selling special
technical means Sale of special technical means intended for conduct of the special operational-
investigative means to persons that do not have the relevant permission, except for the
state bodies authorized to carry out operative-investigative activity, shall –
entail a fine in amount of forty monthly calculation indices.
Article 193. Breach of the legislation of the Republic of
Kazakhstan on regulation of trading activity 1. Non-provision of required information upon request of a consumer on goods,
place of origin, producers, application characteristics, guarantee obligations and
procedure for submission of claims, shall –
entail a notification or fine on individuals in amount of two, on subjects of
small entrepreneurship – in amount of six, on subjects of medium entrepreneurship – in
amount of ten, on subjects of large entrepreneurship – in amount of thirty monthly
calculation indices.
2. Unlawful use of official document certifying conformance of the goods to safety
requirements, shall –
entail a fine on individuals in amount of seven, on subjects of small
entrepreneurship – in amount of fifty five, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of one hundred
fifty monthly calculation indices, with a confiscation of goods or without such.
3. Commission of actions (omission) provided by parts one and two of this article
repeatedly second time second time within a year after imposition of administrative
sanction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of sixty five, on subjects of medium entrepreneurship – in
amount of one hundred twenty, on subjects of large entrepreneurship – in amount of two
hundred monthly calculation indices, with a confiscation of goods or without such.
Article 194. Refusal in acceptance of payments with
use of charge cards 1. Refusal in acceptance of payments with use of charge cards by an individual
entrepreneur or legal entity being obliged to accept them upon carrying out of trading
activity (performance of works, rendering of services) in a territory of the Republic of
Kazakhstan, shall –
entail a notification or fine on subjects of small entrepreneurship in amount of
twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of
large entrepreneurship – in amount of fifty monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of forty, on
subjects of medium entrepreneurship – in amount of sixty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
Article 195. Absence of equipment (device) at an individual
entrepreneur or legal entity intended for making payments
with use of charge cards
1. Absence of equipment (device) at an individual entrepreneur or legal entity
being obliged to accept payments with use of charge cards upon carrying out of trading
activity (performance of works, rendering of services) in a territory of the Republic of
Kazakhstan, intended for making payments with use of charge cards, shall –
entail a notification.
2. The act provided by a part one of this Article committed by a part one of this
Article committed repeatedly second time second time within a year after imposition of
administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of sixty, on subjects of large
entrepreneurship – in amount of eighty monthly calculation indices.
Article 196. Illegal trade in goods or other subjects
Trade in goods and other subjects, the open trade of which is prohibited or
restricted by the legislation of the Republic of Kazakhstan, shall – entail a fine in
amount of twenty five monthly calculation indices.
Article 197. Use of mark of tobacco product
1. Intended distribution, exhibition, sale of any goods having a mark of tobacco
product, except for the tobacco products themselves or any package, packing in which the
tobacco product is sold or transported, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of twenty five, on subjects of medium entrepreneurship – in
amount of forty, on subjects of bug entrepreneurship – in amount of fifty monthly
calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in
amount of seventy, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Article 198. Violation of requirements of the legislation on
information on tobacco and tobacco products 1. Violation of requirements of the legislation on information on tobacco and
tobacco products, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of twenty five, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in
amount of seventy, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Article 199. Violation of requirements of the legislation
of the Republic of Kazakhstan on selling tobacco and tobacco
products, sponsorship of tobacco, tobacco products,
as well as on production, sale and distribution
of goods imitating tobacco products
Footnote. Title of Article 199 is in the wording of the Law of the Republic of
Kazakhstan dated 06.04.2015 No. 299-V (shall be enforced upon expiry of ten calendar
days after the date of its first official publication).
1. Violation of requirements of the legislation of the Republic of Kazakhstan on
selling tobacco and tobacco products, with the exception of a case provided by Article
133 of this Code, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship –
in amount of forty, on subjects of large entrepreneurship – in amount of sixty monthly
calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in
amount of seventy, on subjects of large entrepreneurship – in amount of ninety monthly
calculation indices, with suspension of activity or separate types of activity.
3. Sponsorship of tobacco, tobacco products, as well as production, sale,
distribution of goods imitating tobacco products, shall –
entail a fine on individuals in amount of three, on subjects of small
entrepreneurship – in amount of five, on subjects of medium entrepreneurship – in amount
of eight, on subjects of large entrepreneurship – in amount of twenty monthly
calculation indices.
4. The actions provided by a part three of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction, shall
–
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of fifteen, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
Footnote. Article 199 as amended by the Law of the Republic of Kazakhstan dated
06.04.2015 No. 299-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 200. Violation of requirements of the legislation of
the Republic of Kazakhstan on selling alcoholic products 1. Sale of alcoholic products to persons under twenty one years, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in
amount of eighty, on subjects of large entrepreneurship – in amount of one hundred
twenty monthly calculation indices, with suspension of the license validity term for the
relevant type of activity.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of eighty, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of one hundred
eighty monthly calculation indices, with deprivation of the license for the relevant
type of activity.
3. Retail trade of alcoholic products, with the exception of selling in
restaurants, bars and cafes:
from 23 to 8 hours of next day;
with ethyl alcohol volume ratio more than thirty percent from 21 to 12 hours of
next day, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in
amount of eighty, on subjects of large entrepreneurship – in amount of one hundred
twenty monthly calculation indices, with suspension of the license validity term for the
relevant type of activity.
4. The action provided by a part three of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of eighty, on subjects of medium entrepreneurship – in
amount of one hundred forty, on subjects of large entrepreneurship – in amount of one
hundred eighty monthly calculation indices, with deprivation of the license for the
relevant type of activity.
Footnote. Article 200 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 201. Access restriction of goods to the trade networks
or large retail facilities
1. Access restriction of goods to the trade networks or large retail facilities by
subjects of trade activity carrying out the activity on selling the goods by organizing
the trade network or large retail facilities, being expressed in unreasonable refusal
from conclusion of agreement for supply of goods or in conclusion of the contract having
knowingly discriminatory character and containing conditions on:
1) prohibition for a subject of trade activity to conclude the agreements for
supply of goods with other subjects of the trade activity carrying out the same
activity, as well as with other subjects of trade activity on the same or another
conditions;
2) requirement to provide details by a subject of trade activity carrying out
supply of goods on concluded contracts with other subjects of trade activity carrying
out the same activity, shall –
entail a fine in amount of one hundred monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of four hundred monthly calculation indices.
Article 202. Excess of size of maximum allowed limit prices
of socially significant food commodities 1. Excess of size of maximum allowed limit prices of socially significant food
commodities by subjects of trade activity in accordance with the legislation of the
Republic of Kazakhstan on regulation of trade activity, shall –
entail a fine in amount of two hundred monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of four hundred monthly calculation indices.
Article 203. Sale of goods without documents 1. Sale of goods by individual entrepreneurs and organizations carrying out trade
activity without documents containing details on the country of origin, producer,
supplier or seller or trustworthy and sufficient information on goods (service) in
Kazakh and Russian languages, with the exception of the cases provided by Articles 415
and 416 of this Code, shall –
entail a fine on subjects of small entrepreneurship in amount of forty five, on
subjects of medium entrepreneurship – in amount of seventy, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of ninety, on
subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of
large entrepreneurship – in amount of three hundred monthly calculation indices.
Article 204. Trade at undisclosed places 1. Trade outside the places established by a local executive body, shall –
entail a notification or fine in amount of five monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices.
Article 205. Incomplete and untimely payment of non-tax
payments and incomings from selling a capital stock into
the budget, with the exception of receipt of funds
of connected grants Incomplete and untimely payment of non-tax payments and incomings from selling a
capital stock into the budget, with the exception of receipt of funds of connected
grants, shall –
entail a fine on individuals in amount of seven, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred twenty, on
subjects of medium entrepreneurship – in amount of two hundred fifty, on subjects of
large entrepreneurship – in amount of six hundred fifty monthly calculation indices.
Article 206. Refusal in acceptance of banknotes and coins
of the national currency
1. Refusal in acceptance of banknotes and coins of the national currency at face
amount being in circulation in a territory of the Republic of Kazakhstan that are the
legal mean of payment, except for the cases mentioned in a note to this Article, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of five, on subjects of medium entrepreneurship – in amount of ten, on subjects
of large entrepreneurship – in amount of twenty five monthly calculation indices.
2. Refusal in acceptance, change and exchange of banknotes and coins of the
national currency being in circulation in a territory of the Republic of Kazakhstan and
subjected to acceptance by all the types of payments by banks and organizations carrying
out separate types of banking operations, except for the cases mentioned in a note to
this Article, shall –
entail a fine in amount of fifty monthly calculation indices.
Note. Banknotes and coins of the national currency of the Republic of Kazakhstan
are not a legal mean of payment as follows:
1) if there are obvious signs of forgery (counterfeit);
2) waste banknotes and coins having obvious signs of deviation from technical
conditions (non-conformance to size, surface tears, non-conformance to numeration,
blotches, color imposition, combination and (or) blurred image of coining and others);
3) withdrew from currency circulation, as well as redeemed banknotes and riffled
coins;
4) banknotes having a sign «ОБРАЗЕЦ», «SPECIMEN», «ҮЛГІ».
Article 207. Breach of the legislation of the Republic of
Kazakhstan on state procurements 1. Violation of requirements of the legislation of the Republic of Kazakhstan on
state procurements to the tender, auction documentation or in information placed upon
carrying out of the state procurements by a method of requesting pricing facilities, by
indicating the characteristics determining belonging of acquired goods, work, services
to separate potential suppliers, with the exception of cases provided by the legislation
of the Republic of Kazakhstan on state procurements, shall –
entail a fine on civil servants in amount of fifty monthly calculation indices.
2. Untimely direction of a text of amendments and (or) supplements made into
tender or auction documentation to the persons the details on whom are introduced into
registration log of the persons that received the tender or auction documentation, and
equally untimely publication of corrected tender or auction documentation, shall –
entail a fine on civil servants in amount of thirty monthly calculation indices.
3. Refusal from carrying out of state procurements in cases not provided by the
legislation of the Republic of Kazakhstan on state procurements, shall –
entail a fine on civil servants in amount of one hundred monthly calculation
indices.
4. Opening of envelops with applications for participation in a tender with
violation of the term, time and place stated in a tender documentation, as well as
change of date, time and place for opening of envelops with applications for
participation in the tender without making mentioned amendments into the tender
documentation, shall –
entail a fine on civil servants in amount of fifty monthly calculation indices.
5. Direction of a request, and equally the actions of a tender committee linked
with supplementing an application for participation in a tender by insufficient
documents represented in the application for participation in the tender, bringing to
conformity of unduly executed documents, shall –
entail a fine on civil servants in amount of one hundred monthly calculation
indices.
6. Establishment of qualification requirements in a tender or auction
documentation to potential suppliers and (or) subcontractors (joint participants)
involved by them, not provided by the legislation of the Republic of Kazakhstan on state
procurements, shall –
entail a fine on civil servants in amount of one hundred monthly calculation
indices.
7. Violation of requirements of the legislation of the Republic of Kazakhstan on
state procurements in a part of non-inclusion of criteria into the tender documentation
having an impact on competitive pricing facilities of participants of the tender, shall
–
entail a fine on civil servants in amount of fifty monthly calculation indices.
8. Violation of requirements of the legislation of the Republic of Kazakhstan on
state procurements in a part of non-applying the specific criteria value to the pricing
facilities having an impact on competitive pricing facilities of participants of the
tender, shall –
entail a fine on civil servants in amount of fifty monthly calculation indices.
9. Unreasonable recognition of a potential supplier and (or) subcontractors (joint
participants) involved by him (her) that does not conform to qualification requirements
and (or) requirements of tender or auction documentation on the grounds not provided by
the legislation of the Republic of Kazakhstan on state procurements, shall –
entail a fine on civil servants in amount of one hundred monthly calculation
indices.
10. Non-separation of several types of homogeneous goods, works, services upon
carrying out of state procurements by lots on their homogeneous types and (or) at the
place of their supply (performance, rendering), shall –
entail a fine on civil servants in amount of fifty monthly calculation indices.
11. Delivery by expert commission or drawing up by an expert of knowingly false
expert opinion on the basis of which the illegal decision of the tender or auction
commission is adopted, shall –
entail a fine in amount of fifty monthly calculation indices.
12. Non-reference or untimely reference of a customer to the court with a suit on
recognition of potential suppliers, suppliers as unfair participants of state
procurements in cases of:
1) non-fulfillment or improper fulfillment of own obligations by suppliers on the
state procurement contracts concluded with them;
2) avoidance of potential suppliers determined as winners from conclusion of the
state procurement contract, shall –
entail a fine on civil servants in amount of thirty monthly calculation indices.
13. Carrying out of state procurements without applying the rules of the
legislation of the Republic of Kazakhstan on state procurements regulating the choice of
a supplier and conclusion of the state procurement contract with him (her) in cases not
provided by the legislation of the Republic of Kazakhstan on state procurements, shall –
entail a fine on civil servants in amount of one hundred monthly calculation
indices.
14. Actions (omission) provided by parts one, four, seven, eight and nine of this
Article committed repeatedly second time second time within a year after imposition of
administrative sanction, shall –
entail a fine on civil servants in amount of one hundred monthly calculation
indices.
15. Actions (omission) provided by parts two and eleven of this Article committed
repeatedly second time second time within a year after imposition of administrative
sanction, shall –
entail a fine on civil servants in amount of sixty monthly calculation indices.
16. The action provided by a part ten of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of one hundred monthly calculation indices.
17. The actions (omission) provided by parts three, five, six and twelve of this
Article committed repeatedly second time second time within a year after imposition of
administrative sanction, shall –
entail a fine on civil servants in amount of two hundred monthly calculation
indices.
Note. The civil servants in this Article shall be regarded as:
1) in a part one – the chief executive officers of an organizer of the state
procurements, customer or the persons fulfilling their obligations, being liable for
carrying out of procedures for organizing and conduct of the state procurements, and
(or) persons participating directly in development of the tender or auction
documentation;
2) in a part two – the chief executive officers of an organizer of the state
procurements, customer or the persons fulfilling their obligations, being liable for
carrying out of procedures for organizing and conduct of the state procurements;
3) in a part three – the chief executive officer or executive secretary or another
civil servant exercising the powers of the executive secretary determined by the
President of the Republic of Kazakhstan, customer or the person fulfilling his (her)
obligations;
4) in parts four and five – the chairman of the tender committee and his (her)
deputy, as well as members and secretary of the tender committee;
5) in a part six – the chief executive officer or executive secretary or another
civil servant exercising the powers of the executive secretary determined by the
President of the Republic of Kazakhstan, customer or the person fulfilling his (her)
obligations;
6) in a part seven – the chief executive officers of an organizer of the state
procurements;
7) in a part eight – the chairman of the tender committee and his (her) deputy, as
well as members of the tender committee;
8) in parts eight and nine – the chief executive officer or executive secretary or
another civil servant exercising the powers of the executive secretary determined by the
President of the Republic of Kazakhstan, customer or the person fulfilling his (her)
obligations;
9) in a part nine – the chairman of the tender or auction committee and his (her)
deputy, as well as members of the tender of auction committee;
10) in a part ten – the chief executive officers of an organizer of the state
procurements.
Article 208. Violation of requirements of the legislation
of the Republic of Kazakhstan on credit bureau and formation
of credit histories
1. Breach of the legislation of the Republic of Kazakhstan on credit bureau and
formation of credit histories by a credit bureau shall –
entail a fine on legal entities in amount of two hundred monthly calculation
indices.
2. Provision of details by an information provider on a subject of credit history
to the credit bureaus (with the exception of a credit bureau with state participation)
for formation of credit history and (or) filing request by a recipient of credit report
on representing the credit report without the consent of the subject of information,
with the exception of cases of providing negative information on the subject of creditor
history and (or) credit report containing negative information of the subject of
creditor history, as well as its incorrect execution, shall –
entail a fine on individuals in amount of twenty, on civil servants – in amount of
fifty, on subjects of small entrepreneurship – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
3. Non-provision, and equally untimely provision of details by an information
provider to the credit bureau, received from a subject of credit history, the
presentation of which is required in accordance with the legislation of the Republic of
Kazakhstan on credit bureau and formation of credit histories, or provision of
inaccurate details, shall –
entail a fine on individuals in amount of twenty, on civil servants – in amount of
fifty, on subjects of small entrepreneurship – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
Note. The details shall be regarded as the details in respect of subjects of
credit histories in electronic and paper media transferred by the participants of the
credit history formation system and their use, certified by electronic digital signature
when necessary.
Article 209. Breach of the legislation of the Republic of
Kazakhstan on concessions
Introduction of amendments into conditions of a tender at the choice of a
concessionary, as well as into initial parameters and characteristics of a concessionary
application in the course of holding negotiations with a participant of the tender, the
concessionary application of whom is recognized as the best on adjusting a concessionary
project and conditions of concession agreement, shall –
entail a fine on civil servants in amount of one hundred monthly calculation
indices.
Note. The civil servants in this Article shall be regarded as the chief executive
officers of an organizer of the tender on concession or the persons fulfilling their
obligations being liable for carrying out of the procedures for organizing and holding
the tender.
Article 210. Making payments and money transfers on
currency operations without representation of a currency
agreement (original or its copies) in provided cases
of registration certificate
1. Making payments and money transfers by the authorized banks on currency
operations without representation of a currency agreement (original or its copies), in
provided cases of registration certificate, shall –
entail a notification.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of fifty monthly calculation indices.
Note. If the currency agreement is linked with export or import and requires
receipt of accounting number of a contract, the original of the currency agreement or
its copy with a mark of receiving the accounting number of the contract shall be
represented.
Article 211. Violation of requirements of the legislation of the Republic of
Kazakhstan on microfinance organizations
1. Carrying out of the types of activity by microfinance organizations not
provided by the Law of the Republic of Kazakhstan “On microfinance organizations”, shall
–
entail a fine in amount of one hundred monthly calculation indices.
2. Distribution or placement of advertisement by a microfinance organization in
mass media that does not conform to actuality, if these actions do not have signs of
criminally punishable act, shall –
entail a fine in amount of one hundred fifty monthly calculation indices.
3. Non-provision, and equally repeated (two and more times within twelve
sequential calendar months) untimely provision of information by the microfinance
organizations to the National bank of the Republic of Kazakhstan required by the
legislation of the Republic of Kazakhstan on microfinance organizations, or provision of
information to the National Bank of the Republic of Kazakhstan that does not contain
details the provision of which is required in accordance with the legislation of the
Republic of Kazakhstan on microfinance organizations, or provision of inaccurate
information, shall –
entail a fine in amount of two hundred monthly calculation indices.
4. Repeated (two and more times within twelve sequential calendar months)
violation of the prudential regulations established by the National bank of the Republic
of Kazakhstan by microfinance organizations and (or) other standards and limits
compulsory for compliance, shall –
entail a fine in amount of three hundred monthly calculation indices.
5. Non-statement of the size of annual effective rate of remuneration in contracts
on extending microcredit by microfinance organizations, calculated in the manner
established by the legislation of the Republic of Kazakhstan, and equally excess of
limit size of annual effective rate of remuneration by the microfinance organization,
determined by the regulatory legal act of the National Bank of the Republic of
Kazakhstan shall –
entail a fine on legal entities in amount of fifty monthly calculation indices.
6. Loss of payment documents of clients by microfinance organizations shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices.
Article 212. Violation of terms for presentation of
financial and other reporting by financial organizations
and other persons
1. Repeated (two and more times within twelve sequential calendar months) non-
presentation of financial and other reporting by financial organizations within
established term, the presentation of which is required in accordance with the
regulatory legal acts of the National Bank of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of two hundred monthly calculation
indices.
2. Repeated (two and more times within twelve sequential calendar months) non-
presentation of financial and other reporting by microfinancial organizations within
established term, the presentation of which is required in accordance with the
regulatory legal acts of the National Bank of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices.
3. Repeated (two and more times within twelve sequential calendar months) non-
presentation of reporting by banking holdings, insurance holdings within established
term, the presentation of which is required in accordance with the regulatory legal acts
of the National Bank of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of two hundred monthly calculation
indices.
Article 213. Violation of requirements of banking legislation
of the Republic of Kazakhstan
1. Non-presentation, and equally repeated (two and more times within twelve
sequential calendar months) untimely representation of details and other requested
information by banks, founders (shareholders) of a bank and (or) its affiliated persons,
as well as banking holdings and persons that conform to the signs of a large participant
of the bank, banking holding, organizations carrying out separate types of banking
operations, shall –
entail a fine on individuals in amount of fifty, on legal entities – in amount of
two hundred monthly calculation indices.
2. Presentation of inaccurate, and equally incomplete reporting, details or other
requested information by banks, founders (shareholders) of a bank and (or) its
affiliated persons, as well as banking holdings and persons that conform to the signs of
a large participant of the bank, banking holding, organizations carrying out separate
types of banking operations, shall –
entail a fine on individuals in amount of fifty, on legal entities – in amount of
two hundred monthly calculation indices.
3. Actions (omission) provided by parts one, two of this Article committed
repeatedly second time second time within a year after imposition of administrative
sanction, shall –
entail a fine on legal entities in amount of six hundred monthly calculation
indices.
4. Repeated (two and more times within twelve sequential calendar months)
violation of prudential regulations by banks, organizations carrying out separate types
of banking operations established by the National Bank of the Republic of Kazakhstan and
(or) other standards and limits compulsory for compliance, shall –
entail a fine on legal entities in amount of three hundred monthly calculation
indices.
5. Repeated (two and more times within three sequential calendar months) violation
of the regulations of minimum reserve requirements by banks established by the National
Bank of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of three hundred monthly calculation
indices.
6. Carrying out of operations and transactions by banks, banking holdings,
organizations carrying out separate types of banking operations, prohibited in
accordance with the bank legislation of the Republic of Kazakhstan in breach of the bank
legislation of the Republic of Kazakhstan, and equally that are beyond their legal
capacity, shall –
entail a fine on legal entities in amount of one tenth percent of a sum of
transaction, but no less than two hundred and no more than one thousandth monthly
calculation indices.
7. The action provided by a part six of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on legal entities in amount of one percent of a sum of transaction,
but no less than four hundred and no more than two thousand monthly calculation indices.
8. Preparation of reporting by banks, organizations carrying out separate types of
banking operations that lead to distortion of indices or details contained in it on
performance of prudential regulations and (or) other norms and limits compulsory for
compliance, determined by the bank legislation of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of two hundred monthly calculation
indices.
9. The action provided by a part eight of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on legal entities in amount of six hundred monthly calculation
indices.
10. Non-fulfillment of the obligation by banks, organizations carrying out
separate types of banking operations on stating a rate of remuneration in a trustworthy,
annual, effective, comparable calculation in contracts concluded with clients, as well
as upon distribution of information on sizes of remuneration on loans and contributions
(with the exception of inter-banks), as well as its publications, shall –
entail a fine on legal entities in amount of fifty monthly calculation indices.
11. Announcement or publication of advertisement by bank in mass media that does
not conform to reality on a date of publication, shall –
entail a fine in amount of two hundred monthly calculation indices.
12. Excess of a limit size of annual effective rate of remuneration determined by
regulatory legal act of the National Bank of the Republic of Kazakhstan by banks,
organizations carrying out separate types of banking operations, shall –
entail a fine on legal entities in amount of fifty monthly calculation indices.
13. Violation of a procedure for calculation, condition for effect of a variable
rate of remuneration on bank loan contracts by banks, organizations carrying out
separate types of banking operations, as well as on mortgage loan contracts concluded
with individuals, shall –
entail a fine on legal entities in amount of fifty monthly calculation indices.
Article 214. Breach of the legislation of the Republic of
Kazakhstan on counteraction to legalization (laundering) of
incomes received by illegal means, and financing of terrorism
1. Breach of the legislation of the Republic of Kazakhstan on counteraction to
legalization (laundering) of incomes received by illegal means and financing of
terrorism by subjects of financial monitoring in a part of documentary fixing, storage
and provision of information on operations subjected to financial monitoring, their
clients, proper inspection of clients (their representatives) and beneficiary owners,
suspension and refusal from conduct of the operations subjected to financial monitoring,
protection of documents, received in a process of own activity, shall –
entail a fine on individuals in amount of one hundred, on civil servants, notary
officers and advocates, subjects of small entrepreneurship or non-profit organizations –
in amount of one hundred forty, on subjects of medium entrepreneurship – in amount of
two hundred twenty, on subject of large entrepreneurship – in amount of four hundred
monthly calculation indices.
2. Non-fulfillment of the obligations by subjects of financial monitoring on
development, acceptance and (or) execution of the rules of internal control and programs
of its carrying out, shall –
entail a fine on individuals in amount of one hundred, on civil servants, notary
officers and advocates, subjects of small entrepreneurship or non-profit organizations –
in amount of one hundred sixty, on subjects of medium entrepreneurship – in amount of
two hundred fifty, on subject of large entrepreneurship – in amount of nine hundred
monthly calculation indices.
3. Notification of own clients and other persons on information provided to the
authorized body on financial monitoring by civil servants of the subjects of financial
monitoring, shall –
entail a fine in amount of one hundred fifty monthly calculation indices.
4. Actions (omission) provided by parts one, two and three of this Article,
committed repeatedly second time second time within a year after imposition of
administrative sanction, shall –
entail a fine on individuals in amount of one hundred fifty, on civil servants,
notary officers and advocates, subjects of small entrepreneurship or non-profit
organizations – in amount of one hundred eighty, on subjects of medium entrepreneurship
– in amount of three hundred, on subjects of large entrepreneurship – in amount of one
thousand two hundred monthly calculation indices.
5. Actions (omission) provided by parts one, two and three of this Article
committed three and more times within a year after imposition of administrative
sanction, shall –
entail a fine on individuals – in amount of two hundred, on civil servants,
advocates, notary officers, individual entrepreneurs – in amount of four hundred, on
commodity exchanges, legal entities carrying out entrepreneurial activity in the scope
of rendering of accounting services, microfinance organizations, operators of electronic
money systems that are not the banks, organizers of gambling industry and lotteries,
postal operators, audit organizations – in amount of two thousand monthly calculation
indices, with suspension of the license validity term for particular type of activity or
with temporary suspension of qualification testimony (certificate) for the term up to
six months or their deprivation or suspension of activity of a legal entity for the term
up to three months.
Article 215. Violation of a procedure for formation of risk
management and internal control systems
1. Violation of a procedure for formation of risk management and internal control
systems by financial organizations, established by the regulatory legal act of the
National Bank of the Republic of Kazakhstan in case, if the detected violations are not
eliminated by the financial organization within the terms established by the National
Bank of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices.
2. Violation of requirements by a parent organization of a bank conglomerate or
insurance group, specified to the risk management and internal control systems on a
consolidated basis established by the regulatory legal act of the National Bank of the
Republic of Kazakhstan, in case if the detected violations are not eliminated by the
parent organization of a bank conglomerate or insurance group within the terms
established by the National Bank of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices.
Article 216. Non-achievement of results of budget investments
by subjects of quasi-public sector
1. Non-achievement of results of budget investments by branch, related and other
legal entities that are affiliated in accordance with the legislative acts of the
Republic of Kazakhstan, by participation of the state in their charter capital provided
in a financial feasibility study, shall –
entail a fine on civil servants – chief executive officers in amount of four
hundred monthly calculation indices.
2. Non-achievement of results of budget investments by the state enterprises,
limited liability partnerships, joint stock companies, the participant or shareholder of
which is the state, by participation of the state in their charter capital provided in a
financial feasibility study, shall –
entail a fine on civil servants – chief executive officers in amount of four
hundred monthly calculation indices.
Article 217. Violation of a procedure and terms for
representation of reporting by agents of currency control 1. Untimely representation of reporting on operations of clients by agents of
currency control, shall –
entail a notification on legal entities.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of medium entrepreneurship in amount of fifteen, on
subjects of large entrepreneurship – in amount of forty monthly calculation indices.
3. Representation of inaccurate reporting on operations of clients by agents of
currency control, shall –
entail a notification on legal entities.
4. The action provided by a part three of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of medium entrepreneurship in amount of fifteen, on
subjects of large entrepreneurship – in amount of forty monthly calculation indices.
5. Non-presentation of reporting on operations of clients by agents of currency
control, shall –
entail a fine on subjects of medium entrepreneurship in amount of thirty, on
subjects of large entrepreneurship – in amount of eighty monthly calculation indices.
Article 218. Violation of a procedure and terms for
representation of reporting by the authorized banks for the
purpose of carrying out the monitoring of demand and supply
sources, as well as directions of using foreign currency at
internal currency market 1. Untimely representation of reporting by the authorized banks for the purpose of
carrying out the monitoring of demand and supply sources, as well as directions of using
foreign currency at internal currency market, shall –
entail a notification on legal entities.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on legal entities in amount of forty monthly calculation indices.
3. Representation of inaccurate reporting by the authorized banks for the purposes
of carrying out the monitoring of demand and supply sources, as well as directions of
using foreign currency at internal currency market, shall –
entail a notification on legal entities.
4. The action provided by a part three of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on legal entities in amount of forty monthly calculation indices.
5. Non-representation of reporting by the authorized banks for the purpose of
carrying out the monitoring of demand and supply sources, as well as directions of using
foreign currency at internal currency market, shall –
entail a fine on legal entities in amount of eighty monthly calculation indices.
Article 219. Excess of natural norms on administrative costs
Excess of natural norms on administrative costs by the state enterprises, joint
stock companies and limited liability partnerships controlled by the state, established
by the regulatory legal acts, shall –
entail a fine on chief executive officers in amount of fifty monthly calculation
indices.
Article 220. Violation of requirements linked with banking
servicing of clients 1. Untimely accept or refusal in accept (later than three business days from the
date of receipt of instructions, with the exception of cases provided by Article 38 of
the Law of the Republic of Kazakhstan “On payments and money transfers” and Article 581
of the Tax Code of the Republic of Kazakhstan), untimely execution (later than the
business date, next to the date of accept of received instruction, or later than the
term for execution of the instruction, if conditions of such instruction establish the
term for its execution) of the instructions on payment or money transfer by banks,
organizations carrying out separate types of banking operations, shall –
entail a fine on legal entities in amount of five percent of a sum of instruction
on payment or money transfer, but no more than two hundred monthly calculation indices.
2. Execution of instruction on payment or money transfer by banks, organizations
carrying out separate types of banking operations, committed in a favor of a beneficiary
being different from that stated in the instruction, or on a sum different from that
stated in the instruction, shall –
entail a fine on legal entities in amount of five percent of a sum of instruction
on payment or money transfer, but no more than two hundred monthly calculation indices.
3. Loss of payment documents of clients by banks, organizations carrying out
separate types of banking operations, shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices for each payment document.
4. Unreasonable refusal in accept on payment or money transfer by banks,
organizations carrying out separate types of banking operations:
1) upon covering of a sum of money by a sender, required for making money
transfer;
2) if the payment document does not contain signs of forgery;
3) if the sender complies with requirements on a procedure for preparation and
submission of the instruction on money transfer and (or) other requirements established
by the legislation of the Republic of Kazakhstan and (or) conditions of a contract;
4) if the refusal in accept of the instruction do not relate to the cases provided
by the Law of the Republic of Kazakhstan “On counteraction to legalization (laundering)
of incomes received by illegal means and financing of terrorism”, shall –
entail a fine on legal entities I amount of five percent of a sum of instruction
on payment or money transfer, but no more than two hundred monthly calculation indices.
5. Violation of order of priority of withdrawing money from bank account of a
client by banks, organizations carrying out separate types of banking operations,
established by the Civil Code of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices.
6. Non-execution of instructions on payment or money transfer by banks,
organizations carrying out separate types of banking operations, committed in the form
of:
1) non-transfer of acceptable instructions on money transfer in favor of a
beneficiary by a bank or organization carrying out separate types of banking operations
to the next bank or organization carrying out separate types of banking operations;
2) non-completion of money transferring, if the bank recipient (bank or
organization carrying out separate types of banking operations to which the instruction
on transfer or payment of money is directed) is the bank of a beneficiary (bank or
organization carrying out separate types of banking operations which shall be subjected
to receive money in accordance with conditions of a contract with a sender and (or)
instruction of the sender, receiving in favor of a beneficiary, and (or) to perform
other actions provided by the instruction or contract with the sender);
3) non-disbursement of cash money to a sender that presented an instruction on
payment of cash money, shall –
entail a fine on legal entities in amount of five percent of a sum of instruction
on payment or money transfer, but no more than two hundred monthly calculation indices.
Note.
Requirement of this Article shall not apply to actions (omission), the
responsibility of which is provided by a part eight of Article 91, part four of Article
92, Article 285 of this Code.
Article 221. Issuance of accommodation, prime and financial
bills in a territory of the Republic of Kazakhstan Issuance of accommodation, prime and financial bills in a territory of the
Republic of Kazakhstan, shall –
entail a fine on individuals in amount of forty, on subjects of small
entrepreneurship – in amount of one hundred twenty, on subjects of medium
entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in
amount of four hundred monthly calculation indices.
Article 222. Violation of requirements of creation, use and
disbursement of electronic money
1. Issuance of electronic money by an emitter to the sum that does not conform to
the sum of imposed obligations, shall –
entail a fine in amount of three hundred monthly calculation indices.
2. The same action committed repeatedly second time second time within a year
after imposition of administrative sanction provided by a part one of this Article,
shall –
entail a fine in amount of six hundred monthly calculation indices.
3. Creation of electronic money by an emitter to the sum exceeding one hundred
monthly calculation indices without identifying the owner of electronic money, as well
as admission of using electronic money by the emitter in a system of electronic money
upon commission of operations to the sum that exceeds established limitations on a
maximum sum of one operation, shall –
entail a fine in amount of two hundred monthly calculation indices.
4. The same actions committed repeatedly second time second time within a year
after imposition of administrative sanction provided by a part three of this Article,
shall –
entail a fine in amount of five hundred monthly calculation indices.
5. Non-disbursement, untimely and incomplete disbursement of electronic money by
an emitter received by an individual entrepreneur or legal entity from individuals upon
payment on civil transactions, shall –
entail a fine in amount of one hundred monthly calculation indices.
6. The same actions committed repeatedly second time second time within a year
after imposition of administrative sanction provided by a part five of this Article,
shall –
entail a fine in amount of two hundred monthly calculation indices.
Article 223. Violations linked with direct or indirect unlawful
acquisition of ten and more percent of shares of a financial
organization without receipt of written consent of the National
Bank of the Republic of Kazakhstan
Direct or indirect acquisition of the shares of a financial organization in amount
of ten and more percent of outstanding shares (with the deduction of privileged and
repurchased shares) of the financial organization, as well as control or possibility to
have an impact on decisions adopted by the financial organization in amount of ten and
more percent of outstanding shares (with the deduction of privileged and repurchased)
shares of the financial organization without the written consent of the National Bank of
the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of two hundred, on legal entities – in
amount of one thousandth monthly calculation indices.
Note. The financial organizations in this Article shall be regarded as a bank,
insurance (reinsurance) organization, manager of investment portfolio.
Article 224. Violations linked with unlawful acquisition of
participatory shares in charter capitals of legal entities
or shares by banks, insurance (reinsurance) organizations,
banking holdings, insurance holdings
1. Acquisition of participatory shares in charter capitals of legal entities or
shares by banks, insurance (reinsurance) organizations in violation of requirements of
the legislative acts of the Republic of Kazakhstan, with the exception of acts provided
by a part three of this Article, shall –
entail a fine on legal entities in amount of two thousand monthly calculation
indices.
2. Acquisition of participatory shares in charter capitals of legal entities or
shares by banking holdings, insurance holdings in violation of requirements of the
legislative acts of the Republic of Kazakhstan, with the exception of acts provided by a
part three of this Article, shall –
entail a fine on legal entities in amount of two thousand monthly calculation
indices.
3. Creation or acquisition of a branch organization by a bank, insurance
(reinsurance) organization, banking holding, insurance holding without preliminary
permission of the National Bank of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of two thousand monthly calculation
indices.
Article 225. Inappropriate use of pension assets
1. Violation of conditions and procedure for investment by a manager of investment
portfolio, as well as by members of investment committee, established by the legislation
of the Republic of Kazakhstan, shall –
entail a fine on an individual in amount of four hundred, on legal entities in
amount of eight hundred monthly calculation indices.
2. Non-carrying out of control of appropriate placement of pension assets of
voluntary pension saving fund by a bank-custodian, shall –
entail a fine on legal entities in amount of two hundred monthly calculation
indices.
Note. For the purpose of a part two of this Article, the bank-custodian shall be
regarded as the second tier bank.
Article 226. Violation of requirements linked with liquidation
of banks, insurance (reinsurance) organizations
1. Avoidance of a chairman or head of liquidation committee’s subdivision from
conduct of inspection of activity of the liquidation committee by the National Bank of
the Republic of Kazakhstan or impeding its conduct, shall –
entail a fine in amount of twenty five monthly calculation indices.
2. Repeated (two and more times within six sequential calendar months)
representation of inaccurate reporting and information established by the bank
legislation of the Republic of Kazakhstan, legislation of the Republic of Kazakhstan on
insurance and insurance activity, untimely representation, non-representation of
reporting and additional information established by the bank legislation of the Republic
of Kazakhstan, legislation of the Republic of Kazakhstan on insurance and insurance
activity by a chairman, head of the liquidation committee’s subdivision to the National
Bank of the Republic of Kazakhstan, shall –
entail a fine in amount of fifty monthly calculation indices.
Article 227. Non-fulfillment, untimely fulfillment of
obligations accepted and (or) imposed by applying
restrictive enforcement measures 1. Non-fulfillment, untimely fulfillment of obligations by banks, large
participants of banks, banking holdings, organizations included into the composition of
banking conglomerate, Development Bank of Kazakhstan, organizations carrying out
separate types of banking operations, accepted by them and (or) imposed on them by the
National Bank of the Republic of Kazakhstan by applying restrictive enforcement
measures, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of three hundred fifty, on subjects of large entrepreneurship – in amount of four
hundred fifty monthly calculation indices.
2. Non-fulfillment, untimely fulfillment of obligations by insurance (reinsurance)
organization, insurance broker, insurance holding, large participants of insurance
(reinsurance) organization, legal entities included into the composition of insurance
group, actuary, single accumulative pension fund, manager of investment portfolio, large
participants of a manager of investment portfolio, individuals or legal entities, the
relevant signs of a large participant of a manager of investment portfolio, securities
market entity, special financial company, Islamic special financial company, investment
fund, microfinance organizations, accepted by them and (or) imposed on them by the
National Bank of the Republic of Kazakhstan by applying restricted enforcement measures,
shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred twenty, on
subjects of medium entrepreneurship – in amount of one hundred ninety, on subjects of
large entrepreneurship – in amount of two hundred fifty monthly calculation indices.
3. Non-execution of written prescription by a chairman of the bank’s liquidation
committee, insurance (reinsurance) organization within the term established by the
National Bank of the Republic of Kazakhstan on elimination of the breaches of the
legislation of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of forty monthly calculation indices.
Article 228. Violation of requirements established by the
legislation of the Republic of Kazakhstan on insurance
and insurance activity
1. Non-provision, and equally repeated (two and more times within twenty
sequential calendar months) untimely provision of details or other requested information
by insurance (reinsurance) organization, insurance broker, insurance holding of
insurance (reinsurance) organization, participants (shareholders) and (or) affiliated
persons of insurance (reinsurance) organization, as well as individuals and legal
entities, the relevant signs of a large participant (insurance holding) of insurance
(reinsurance) organization, shall –
entail a fine on individuals in amount of fifty, on legal entities – in amount of
two hundred monthly calculation indices.
2. Provision of inaccurate, and equal incomplete reporting, details or other
requested information by insurance (reinsurance) organization, insurance broker,
insurance holding of insurance (reinsurance) organization, participants (shareholders)
and (or) affiliated persons of insurance (reinsurance) organization, as well as by
individuals and legal entities, the relevant signs of a large participant (insurance
holding) of insurance (reinsurance) organization, shall –
entail a fine on individuals in amount of fifteen, on legal entities – in amount
of two hundred monthly calculation indices.
3. Untimely provision, non-provision or provision of inaccurate reporting or other
information requested by the authorized body by a mutual insurance company to the state
body in the field of plant production in accordance with the Law of the Republic of
Kazakhstan “On compulsory insurance in plant production”, shall –
entail a fine in amount of fifty monthly calculation indices.
4. Non-provision or untimely provision of a contract on joint activity to the
National Bank of the Republic of Kazakhstan by an insurance (reinsurance) organization
for its registration, shall –
entail a fine in amount of four hundred monthly calculation indices.
5. Repeated (two and more times within twelve sequential calendar months)
violation of prudential regulations established by the National Bank of the Republic of
Kazakhstan and (or) other norms and limits compulsory for compliance by insurance
(reinsurance) organization, parent organization of insurance group, shall –
entail a fine in amount five hundred monthly calculation indices.
6. Carrying out of transactions and operations by an insurance (reinsurance)
organization, insurance holding, insurance broker, insurance agent in breach of the
legislation of the Republic of Kazakhstan on insurance and insurance activity, shall –
entail a fine in amount of one tenth percent of a sum of the transaction or one
hundred percent of a sum of received income on operations, but no less than fifty and no
more than two thousand monthly calculation indices.
7. Carrying out of mutual insurance of transactions and operations by a society in
breach of the legislation of the Republic of Kazakhstan on mutual insurance, shall –
entail a fine in amount of two hundred monthly calculation indices.
8. Carrying out of the activity by an actuary in breach of the legislation of the
Republic of Kazakhstan on insurance and insurance activity, shall –
entail a fine in amount of fifty monthly calculation indices.
9. Untimely notification of insurants by an insurance organization in the manner
established by the legislation of the Republic of Kazakhstan on change of location of
own permanent body, separate subdivision or change of name, shall –
entail a fine in amount of fifty monthly calculation indices.
10. Violation of conditions by an insurance (reinsurance) organization established
by the legislation of the Republic of Kazakhstan on insurance and insurance activity on
a proper documenting, storage of documents, placement of the copies of licenses for the
right of carrying out the insurance activity, as well as violation of the rules for
accounting and storage of the blanks of insurance documentation, work with cash money
established by the legislation of the Republic of Kazakhstan by the insurance
organization, insurance broker and insurance agent, shall –
entail a fine in amount of fifty monthly calculation indices.
11. Announcement or publication of advertisement by an insurance (reinsurance)
organization and insurance broker in mass media that does not conform to actuality on a
date of publication, shall –
entail a fine in amount of two hundred monthly calculation indices.
12. Preparation of reporting by an insurance (reinsurance) organization that lead
to distortion of indices or details contained in it on compliance with prudential
regulations and (or) other norms and limits compulsory for compliance, shall –
entail a fine on legal entities in amount of four hundred monthly calculation
indices.
13. The action provided by a part twelve of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction, shall
–
entail a fine in amount of six hundred monthly calculation indices.
14. Failure to deliver the facts by an insurance broker to the National Bank that
became known to him (her) on insolvency of an insurance (reinsurance) organization,
shall –
entail a fine in amount of one hundred monthly calculation indices.
15. Failure to deliver the established facts by an actuary to the National Bank of
the Republic of Kazakhstan on non-compliance of an insurance (reinsurance) organization
with requirements of the legislation of the Republic of Kazakhstan on formation of
insurance reserves, shall –
entail a fine in amount of fifty monthly calculation indices.
16. Non-payment, late payment or payment of compulsory or emergency contributions
in incomplete volume to the Guarantee fund of insurance payments, shall –
entail a fine on legal entities in amount of two hundred fifty monthly calculation
indices.
17. Violation of a requirement by an insurance (reinsurance) organization on
obligatoriness to publish financial statement and other details in mass media in
accordance with the Laws of the Republic of Kazakhstan, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 229. Violation of requirements by an insurance
organization linked with conclusion and execution of
insurance contracts
1. Failure to make, and equally late making of insurance payment or incorrect
performance of other conditions of concluded insurance contract, shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices.
2. Loss of documents represented by a client for execution of insurance contract,
shall –
entail a fine on legal entities in amount of fifty monthly calculation indices.
Article 230. Breach of the legislation of the Republic of
Kazakhstan on compulsory insurance 1. Avoidance of an insurance organization from conclusion of compulsory insurance
contract provided by the legislative acts of the Republic of Kazakhstan, shall –
entail a fine on a legal entity in amount of five hundred monthly calculation
indices.
2. Avoidance from conclusion of compulsory insurance contract by a person being
liable to conclude the compulsory insurance contract in accordance with the legislative
act of the Republic of Kazakhstan on compulsory insurance, shall –
entail a fine on individuals in amount of twenty, on civil servants, private
notary officers, on subjects of small entrepreneurship or non-profit organizations – in
amount of two hundred, on subjects of medium entrepreneurship – in amount of four
hundred, on subjects of large entrepreneurship – in amount of one thousand monthly
calculation indices.
3. Violation of requirements of the legislative acts of the Republic of Kazakhstan
by an insurance (reinsurance) organization consisting in non-fulfillment or improper
fulfillment of requirements on presence of the branches and (or) insurance agents in the
capital, conclusion of participant agreement in insurance database, provision of
information to the insurance database, in excess of amount of commission remuneration
paid to the insurance agent on conclusion of insurance contracts, shall –
entail a fine on a legal entity in amount of three hundred monthly calculation
indices.
4. Conclusion of compulsory insurance contract by an insurance (reinsurance)
organization on terms that do not conform to requirements of the legislation of the
Republic of Kazakhstan consisting in:
1) establishment of amounts of insurance sums being other than those determined by
the Laws of the Republic of Kazakhstan on compulsory types of insurance;
2) establishment of amounts of insurance premiums being other than those
determined by the Laws of the Republic of Kazakhstan on compulsory types of insurance,
and equally incorrect (unreasonable) applying the rates upon calculation of insurance
premiums;
3) insurance of objects on compulsory types of insurance that are not subject to
insurance, shall –
entail a fine on legal entities in amount of one tenth percent of a sum of
transaction or one hundred percent of a sum of earned revenue on operations, or one
hundred percent of a sum of insurance premiums received on operations, but no less than
two hundred and no more than two thousand monthly calculation indices.
Footnote. Article 230 as amended by the Law of the Republic of Kazakhstan dated
27.04.2015 No. 311-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 231. Violation of the terms established by the
legislation of the Republic of Kazakhstan for coordination of
leading employees of financial organizations, banking and
insurance holdings, Guarantee fund of insurance payments
1. Violation of the terms for coordination of a leading employee of a financial
organization, banking and insurance holding, Guarantee fund of insurance payments by a
financial organization, banking and insurance holding, Guarantee fund of insurance
payments, shall –
entail a fine on legal entities in amount of ninety monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on legal entities in amount of two hundred monthly calculation
indices.
Article 232. Untimely notification of the National Bank of the
Republic of Kazakhstan on opening and termination of the
activity of branches and representations of financial
organizations, as well as non-compliance with requirements of
the legislation of the Republic of Kazakhstan upon opening of
the branches, representations of financial organizations Untimely notification of the National Bank of the Republic of Kazakhstan on
opening and termination of the activity of branches and representations of financial
organizations, as well as non-compliance with requirements of the bank legislation of
the Republic of Kazakhstan, legislation of the Republic of Kazakhstan on insurance and
insurance activity upon opening of branches, representations of financial organizations,
shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices.
Article 233. Obtaining or use of credit, loan with breach of
the legislation of the Republic of Kazakhstan 1. Obtaining of credit or preferential terms by an individual entrepreneur or
organization for crediting by representing knowingly false details to the bank or
organization carrying out separate types of banking operations on household status,
financial status or pledged assets of the individual entrepreneur or organization or on
other circumstances having essential significance for obtaining of the credit,
preferential terms for crediting, and equally failure to deliver information to the bank
or another creditor on occurrence of circumstances that may entail termination of the
crediting, repeal of benefits or limitation of amounts of allocated credit, if these
actions did not inflict heavy damage, shall –
entail a fine in amount of fifty monthly calculation indices.
2. Use of budget credit not for intended purpose, if this action did not inflict
heavy damage to an individual, organization or the state, shall –
entail a fine in amount of one hundred monthly calculation indices.
3. Use of the funds of loans being guaranteed by the state and of the loan
attracted under surety of the state for the purposes not provided by conditions of the
loan and not provided by the contract of guarantee, as well as for crediting of the
state bodies, shall –
entail a fine on the chief executive officers of a relevant legal entity-loan
debtor on the loan having the state guarantee, their deputies or persons substituting
them on which the relevant orders imposed the fulfillment of obligations, in amount of
one hundred monthly calculation indices.
Article 234. Untimely, incomplete crediting of revenues into
republican and local budgets
1. Untimely, incomplete crediting of the funds coming into republican and local
budgets, shall –
entail a fine on civil servants in amount of one hundred monthly calculation
indices.
2. Untimely, incomplete crediting of the funds transferred on accounts of
recipients of budget funds in the relevant banks or organizations carrying out separate
types of banking operations, shall –
entail a fine on civil servants in amount of seventy monthly calculation indices.
Article 235. Violation of rules for keeping budgetary
accounting, preparation and representation of reporting Violation of rules for keeping budgetary accounting, preparation and
representation of reporting, shall –
entail a fine on civil servants in amount of two hundred monthly calculation
indices.
Article 236. Violation of conditions and procedures for
extending budget credits, state guarantees and warrantees
of the state Violation of conditions and procedures for extending budget credits, state
guarantees and warrantees of the state, shall –
entail a fine on civil servants in amount of four hundred monthly calculation
indices.
Article 237. Violation of rules for compensation of expenses
1. Violation of rules for compensation of the expenses by administrators of budget
programs on rendering of guaranteed volume of gratuitous medical assistance, shall –
entail a fine on civil servants in amount of fifty monthly calculation indices.
2. The same act committed repeatedly second time second time within a year after
imposition of administrative sanction, shall –
entail a fine on civil servants in amount of one hundred of monthly calculation
indices.
Article 238. Breach of the legislation of the Republic of
Kazakhstan on business accounting and financial statement
by individuals and civil servants
1. Non-fulfillment and (or) improper fulfillment of the obligations by individuals
and civil servants provided by the legislation of the Republic of Kazakhstan on business
accounting and financial statement committed in the form of:
1) avoidance from maintenance of business accounting that did not inflict heavy
damage;
2) preparation of distorted financial statement, concealing of data subjected to
reflection in business accounting, and equally destruction of accounting documents that
did not inflict heavy damage;
3) appointment of a person to a position of senior accountant of public
organization that does not have a certificate of professional accountant, shall –
entail a fine in amount of one hundred monthly calculation indices.
2. Acts provided by a part one of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of two hundred monthly calculation indices.
Article 239. Breach of the legislation of the Republic of
Kazakhstan on business accounting and financial statement
by a legal entity
1. Breach of the legislation of the Republic of Kazakhstan on business accounting
and financial statement by a legal entity committed in the form of:
1) avoidance from maintenance of business accounting, if this action does not
contain signs of criminally punishable act;
2) representation of knowingly false financial statement, refusal from
representing financial statement, presentation with violation of established term or its
non-representation without justifiable reason to founders (participants) of
organizations in accordance with the constitutive documents, to the authorized body in
the field of the state statistics at place of registration, to bodies of state control
and supervision in accordance with their competence, to the depositary of financial
statement;
3) preparation of distorted financial reporting, concealing of data subjected to
reflection in business accounting, and equally destruction of accounting documents;
4) signing of financial statement by a senior accountant of the organization of
public interest that is not a professional accountant, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of one hundred, on subjects of medium entrepreneurship – in amount of two
hundred, on subjects of large entrepreneurship – in amount of five hundred monthly
calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of two hundred, on subjects of medium entrepreneurship – in amount of four
hundred, on subjects of large entrepreneurship – in amount of one thousand monthly
calculation indices.
3. Conduct of operations without the relevant reflection of their results in
business accounting by financial organizations, Islamic special financial companies,
microfinance organizations, investment funds and the Development Bank of Kazakhstan,
shall –
entail a fine on legal entities in amount of twenty percent of a sum that was not
considered, but no less than one hundred and no more than four thousand monthly
calculation indices.
4. Maintenance of business accounting in violation of the requirements established
by the legislation of the Republic of Kazakhstan on business accounting and financial
statement, and methods (principles) of business accounting that lead to distortion of
the financial statement by financial organizations, special financial companies, Islamic
special financial companies, microfinance organizations, investment funds and the
Development Bank of Kazakhstan, shall –
entail a fine on legal entities in amount up to five percent of a sum that was
considered improperly, but no less than one hundred and no more than four thousand
monthly calculation indices.
Article 240. Divulgation of secrecy of accounting information Divulgation of accounting information that is commercial secret by persons having
an access to it, that did not inflict heavy damage, shall –
entail a fine in amount of one hundred fifty monthly calculation indices.
Article 241. Violation of rules for accreditation established
by the legislation of the Republic of Kazakhstan on business
accounting and financial statement 1. Violation of rules for accreditation established by the legislation of the
Republic of Kazakhstan on business accounting and financial statement, shall –
entail a notification or fine on a legal entity in amount of two hundred monthly
calculation indices.
2. The action provided by this Article committed repeatedly second time second
time within a year after imposition of administrative sanction, shall –
entail a fine on a legal entity in amount of three hundred monthly calculation
indices.
Article 242. Failure to perform the prudential regulations and
(or) other norms and limits being compulsory for compliance
by a manager of investment portfolio
1. Preparation of reporting by a manager of investment portfolio that lead to
distortion of indices or details contained in it on performance of prudential
regulations and (or) norms and limits compulsory for compliance, determined by the
legislation of the Republic of Kazakhstan on pension benefits, shall –
entail a fine on legal entities in amount of two hundred monthly calculation
indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on legal entities in amount of six hundred monthly calculation
indices.
3. Repeated (two and more times within twelve sequential calendar months) failure
to perform the prudential regulations and (or) other norms and limits being compulsory
for compliance by a manager of investment portfolio established by the National Bank of
the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of three hundred monthly calculation
indices.
Article 243. Violation of a procedure for representing
reporting on executed registration certificates or certificates
on notification or on currency monitoring, on exchange
operations with cash foreign currency, as well as information
and documents confirming occurrence of the circumstances that
have an impact on terms and conditions for repatriation of the
national and foreign currency
1. Representation of inaccurate reporting on executed registration certificates or
certificates on notification or on currency monitoring, on exchange operations with cash
foreign currency, shall –
entail a fine on individuals and legal entities.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of twenty, on subjects of large entrepreneurship, branches and representations of legal
entities-non-residents acting in a territory of the Republic of Kazakhstan more than one
year – in amount of forty monthly calculation indices.
3. Untimely representation of reporting on executed registration certificates or
certificates on notification or on currency monitoring, on exchange operations with cash
foreign currency, shall –
entail a notification on individuals and legal entities.
4. The action provided by a part three of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of twenty, on subjects of large entrepreneurship, branches and representations of legal
entities-non-residents acting in a territory of the Republic of Kazakhstan more than one
year – in amount of forty monthly calculation indices.
5. Non-representation of reporting on executed registration certificates,
certificates on notification or on currency monitoring, on exchange operations with cash
foreign currency, shall –
entail a fine on individuals in amount of forty, on subjects of small
entrepreneurship – in amount of seventy, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship, branches and
representations of legal entities-non-residents acting in a territory of the Republic of
Kazakhstan more than one year – in amount of one hundred fifty monthly calculation
indices.
6. Untimely provision of information and documents confirming occurrence of the
circumstances that have an impact on the terms and (or) conditions for repatriation of
the national and foreign currency, shall –
entail a notification.
7. The action provided by a part six of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of thirty, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
8. Non-provision of information and documents confirming occurrence of the
circumstances that have an impact on the terms and (or) conditions of repatriation of
the national and foreign currency, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of seventy, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices.
Article 244. Violation of the term for submission of documents
for receiving certificate on notification on currency
operations or registration certificate on currency operations
1. Violation of the term for submission of documents by individuals and legal
entities for receiving certificate on notification on currency operations or
registration certificate on currency operations, shall –
entail a notification on individuals and legal entities.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time second time within a year after imposition of administrative sanction, shall
–
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations – in amount of eighty, on subjects of
medium entrepreneurship – in amount of one hundred twenty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
Article 245. Concealing a fact of the breach of the legislation
of the Republic of Kazakhstan on business accounting and
financial statement by an auditor from the customers
of conducting audit
Concealing a fact of the breach of the legislation of the Republic of Kazakhstan
on business accounting and financial statement by an auditor from the customers of
conducting audit, detected upon conduct of inspection, shall –
entail a fine in amount of seventy five monthly calculation indices with
deprivation of qualification certificate “auditor”.
Article 246. Preparation of inaccurate audit report, as well
as inaccurate audit opinion on taxes by an auditor and audit organization
Footnote. Title of Article 246 is in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).
1. Preparation of inaccurate audit report by an auditor and audit organization,
with the exception of the case provided by Article 249 of this Code, shall –
entail a fine on auditors in amount of eighty, on audit organization – in amount
of one hundred eighty monthly calculation indices, with suspension of the license
validity term for carrying out of audit activity or without such.
2. Preparation of knowingly inaccurate audit report by an auditor and audit
organization, shall –
entail a fine on auditors in amount of one hundred ten monthly calculation indices
with the deprivation of qualification certificate, on audit organizations – in amount of
two hundred twenty monthly calculation indices with the suspension of the license
validity term for carrying out of audit activity.
3. The action provided by a part one of this Article committed repeatedly second
time second time by an auditor within a year after imposition of administrative
sanction, shall –
entail a fine in amount of one hundred fifty monthly calculation indices with
deprivation of qualification certificate.
4. The actions provided by parts one and two of this Article committed repeatedly
second time second time by an audit organization within a year after imposition of
administrative sanction, shall –
entail a fine in amount of two hundred fifty monthly calculation indices with the
deprivation of a licence for carrying out of audit activity.
5. Drawing up of inaccurate audit opinion on taxes by an audit organization, shall
–
entail a fine on an audit organization in amount of two hundred monthly
calculation indices with the suspension of the license validity term for carrying out of
audit activity or without such.
6. The action provided by a part five of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on audit organization in amount of two hundred fifty monthly
calculation indices with deprivation of a license for carrying out of audit activity.
Footnote. Article 246 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 269-V (shall be enforced from 01.01.2015).
Article 246-1. Violation of a procedure for conduct of audit
on taxes by an audit organization Violation of a procedure for conduct of audit on taxes by an audit organization,
with the exception of the violations entailing recognition of audit opinion on taxes as
inaccurate, shall –
entail a fine on audit organization in amount of one hundred fifty monthly
calculation indices.
Note. The violation of a procedure for conduct of audit on taxes in this Article
shall be regarded as non-compliance with obligations by an audit organization
established by the procedure for conduct of audit on taxes by the audit organization
determined by the state body carrying out regulation in the field of audit activity.
Footnote. Chapter 15 is supplemented by Article 246-1 in accordance with the Law
of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from
01.01.2015).
Article 247. Breach of the legislation of the Republic
of Kazakhstan on audit activity 1. Carrying out of the types of activity by an audit organization not provided by
the legislation of the Republic of Kazakhstan on audit activity, shall –
entail a notification.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of one hundred monthly calculation indices.
3. Conduct of audit in the cases prohibited by the Law of the Republic of
Kazakhstan “On audit activity”, shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices with suspension of the license validity term.
4. Failure to notify the National Bank of the Republic of Kazakhstan and failure
to notify the audited financial organizations for which the conduct of audit is
compulsory on breaches of the legislation of the Republic of Kazakhstan regulating the
activity of financial market and financial organizations detected in a result of audit
of these organizations, shall –
entail a fine on legal entities in amount of one hundred fifty monthly calculation
indices.
5. Untimely representation or non-representation, and equally representation of
inaccurate details by accredited professional audit organizations to the relevant
authorized bodies, information the provision of which is required in accordance with the
legislation of the Republic of Kazakhstan on audit activity, shall –
entail a fine in amount of one hundred fifty monthly calculation indices.
6. Failure to notify the bodies of state financial control by the audited subjects
represented by the state institutions and state enterprises, as well as legal entities
with state participation on breaches of the legislation of the Republic of Kazakhstan
upon using budget funds, credits, connected grants, assets of the state, loans
guaranteed by the state, detected in a result of audit of these organizations, shall –
entail a fine on chief executive officers in amount of one hundred fifty monthly
calculation indices.
7. Untimely representation or non-representation of reporting by audit
organizations to the authorized body in accordance with qualification requirements and
(or) information on insurance of own civil liability in the form approved by the
authorized body, shall –
entail a fine on legal entities in amount of one hundred fifty monthly calculation
indices.
8. Non-representation of audit report by audit organizations to the National Bank
of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of two hundred monthly calculation
indices.
Article 248. Violations linked with use and storage of
personal seal of an auditor
1. Violation of requirements by an auditor on a proper storage and use of personal
seal established by the legislation of the Republic of Kazakhstan on audit activity,
shall –
entail a fine in amount of one hundred monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time second time by an audit within a year after imposition of administrative sanction,
shall –
entail a fine in amount of two hundred monthly calculation indices.
Article 249. Provision of untimely, inaccurate or incomplete
information by the audited subject to audit organization Provision of untimely, inaccurate or incomplete information by the audited subject
to audit organization in the course of conduct of audit, that lead to preparation of
inaccurate audit report, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of twenty, on subjects of medium entrepreneurship – in amount of twenty five, on
subjects of large entrepreneurship – in amount of one hundred monthly calculation
indices.
Article 250. Avoidance from conduct of compulsory audit Avoidance from conduct of compulsory audit or impeding its conducting, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of fifteen, on subjects of medium entrepreneurship – in amount of twenty, on
subjects of large entrepreneurship – in amount of two hundred monthly calculation
indices.
Article 251. Failure to perform the requirement of repatriation
of the national and foreign currency Failure to perform the requirement of repatriation of the national and foreign
currency committed in the form of non-passing of the national and foreign currency to
banking accounts in the authorized banks:
1) revenue in the national and foreign currency from export of goods (works,
services);
2) national and foreign currency transferred by a resident in favor of non-
resident for import of goods (works, services) subjected to return due to non-
fulfillment or incomplete fulfillment of the obligations by the non-resident on goods
delivery (carrying out of works, rendering of services), shall –
entail a fine on subjects of small entrepreneurship, on subjects of medium
entrepreneurship, on subjects of large entrepreneurship, non-profit organizations in
amount of twenty percent of a sum of not passed national and foreign currency, but no
more than two thousand monthly calculation indices.
Note.
Liability for commission of infractions provided by this Article shall occur in
cases when after expiration term of repatriation, the sum of not passed national and
foreign currency exceeds the sum being equivalent to fifty thousand USD, and if these
actions (omission) do not contain the signs of criminally punishable act.
Individuals that are not individual entrepreneurs shall not bear liability
provided by this Article.
Article 252. Conduct of currency operations with breach
of currency legislation of the Republic of Kazakhstan 1. Conduct of exchange operations with foreign currency not through the authorized
banks and their exchange officers, as well as exchange officers of the authorized
organizations, conduct of prohibited currency operations between residents, making
payments and money transfers not through the accounts in the authorized banks, when such
requirement is established by the currency legislation of the Republic of Kazakhstan,
shall –
entail a fine on individuals and legal entities.
2. The actions provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations – in amount of sixty, on subjects of medium
entrepreneurship – in amount of seventy, on subjects of large entrepreneurship – in
amount of one hundred percent of a sum of the operation conducted with violation of
established procedure.
3. Non-compliance with limits established by the National Bank of the Republic of
Kazakhstan for deviation of buying rate from selling rate of foreign currency for tenge
by the authorized banks and authorized organizations on operations conducted through the
exchange officers, shall –
entail a fine on subjects of medium entrepreneurship in amount of two hundred, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices.
Article 253. Violation of special currency regime
Violation of special currency regime in a part of:
1) failure to perform the requirement to receive special permission of the
National Bank of the Republic of Kazakhstan for conduct of currency operation;
2) failure to perform the requirement of compulsory sale of foreign currency
received by residents;
3) use of accounts in foreign banks;
4) failure to perform the requirements to the procedure for conduct of currency
operations;
5) non-compliance with other temporary currency restrictions introduced by the
President of the Republic of Kazakhstan, shall –
entail a fine on individuals and legal entities in amount of one hundred percent
of a sum of the operation conducted with violation of special currency regime.
Article 254. Illegal use of insider information
1. Actions of insiders on use of insider information upon consummation of
transactions with securities and (or) derivative financial instruments, illegal transfer
of insider information to third persons, provision of recommendations or suggestions to
third persons on consummation of transactions with securities and (or) derivative
financial instruments, based on the insider information, as well as failure to perform
the requirements of the legislation of the Republic of Kazakhstan on provision of
information to emitters by legal entities that recognized as insiders, in respect of
these emitters, if these actions did not inflict heavy damage, shall –
entail a fine on an individual in amount of two hundred, on civil servant – in
amount of four hundred, on legal entity – in amount of six hundred monthly calculation
indices.
2. Violation of requirements by emitters established by the legislation of the
Republic of Kazakhstan in a part of controlling disposal and use of insider information
on the emitter and securities (derivative financial instruments) issued (provided) by
him (her), shall –
entail a fine on legal entities in amount of six hundred monthly calculation
indices.
Article 255. Unfair advertisement of activity at
securities market
Unfair advertisement of activity at securities market by representation and
distribution of inaccurate details by securities market entities on a date of
publication of advertisement, shall –
entail a fine on individuals and legal entities in amount of one hundred monthly
calculation indices.
Article 256. Violation of requirements by securities
market entity and other persons on representation of
reporting, information, details 1. Non-representation, and equally repeated (two and more times within twelve
sequential calendar months) untimely representation of reporting, details and (or) other
requested information by securities market entity, as well as his (her) participants
(shareholders) and (or) affiliated persons, shall –
entail a fine on individuals in amount of fifty, on legal entities – in amount of
two hundred monthly calculation indices.
2. Representation of inaccurate, and equally incomplete reporting, details and
(or) other requested information by securities market entity, as well as his (her)
participants (shareholders) and (or) affiliated persons, as well as in the course of
conducting inspections of activity of the securities market entities, shall –
entail a fine on individuals in amount of fifty, on legal entities – in amount of
two hundred monthly calculation indices.
3. Representation of knowingly false details by securities market entity on
operations with securities that does not have the signs of criminally punishable act,
shall –
entail a fine on legal entities in amount of two hundred monthly calculation
indices.
Note. The reporting in a part one of this article shall be regarded as documents
and reporting, the representation of which is provided by the legislation of the
Republic of Kazakhstan for the purpose of state registration of issuing equity
securities, registration of amendments and supplements in a prospectus of issuing equity
securities, approval of a report on results of placement and (or) redemption of equity
securities, informing on activity of a representative of bond holders and on non-
fulfillment or improper fulfillment of the obligations on bonds, representation of the
list of affiliated persons of a joint stock company; assessment of performing
requirements to the risk management system and internal control of professional
participants of securities market.
Article 257. Violation of rights of securities holders
1. Violation of rights of shareholders to management of the affairs of a joint
stock company, procedure for distribution of a part of revenues (payment of dividends),
privileged purchase of securities, receipt of information on activity of the company, as
well as violation of the procedure for calling and holding general meeting of
shareholders established by the legislation of the Republic of Kazakhstan, shall –
entail a fine on legal entities in amount of four hundred monthly calculation
indices.
2. Violation of procedure and conditions for payment of remuneration on bonds and
(or) their redemption established by the legislation of the Republic of Kazakhstan,
shall –
entail a fine on legal entities in amount of four hundred monthly calculation
indices.
3. Violation of a procedure and conditions by an emitter of securities for
repurchase of the securities placed by him (her) established by the legislation of the
Republic of Kazakhstan and (or) prospectus of issuing these securities, as well as non-
carrying out of the repurchase of securities placed by him (her) in the cases
established by the legislation of the Republic of Kazakhstan and (or) prospectus of
issuing these securities, shall –
entail a fine on legal entities in amount of four hundred monthly calculation
indices.
Article 258. Violation of a procedure for consummation
of transactions with securities and (or) derivative
financial instruments, as well as conditions for
conclusion of transactions Violation of a procedure established by the legislation of the Republic of
Kazakhstan for consummation of transactions with securities and (or) derivative
financial instruments, as well as conditions for conclusion of transactions established
by the legislation of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of two hundred, on civil servants, subjects
of small entrepreneurship – in amount of three hundred, on subjects of medium
entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship – in
amount of five hundred monthly calculation indices.
Article 259. Consummation of transactions for the purpose
of price-gouging of securities Consummation of transactions by securities market entities for the purpose of
price-gouging of securities, shall –
entail a fine on individuals in amount of two hundred, on subjects of small
entrepreneurship – in amount of three hundred, on subjects of medium entrepreneurship –
in amount of four hundred, on subjects of large entrepreneurship – in amount of five
hundred monthly calculation indices.
Article 260. Violation of a procedure for registration of
transactions with securities, accounting and confirmation
of rights on them
1. Violation of a procedure for maintenance of a register system of securities
holders or accounting system of nominal holding by a professional securities market
participant, and equally violation of a procedure for confirmation of the rights to
securities, if these actions do not contain the signs of criminally punishable act,
shall –
entail a fine in amount of three hundred monthly calculation indices.
2. Violation of a procedure and conditions for transferring documents and details
established by the legislation of the Republic of Kazakhstan, that are the system of
nominal holding by professional securities market participant to the other professional
securities market participant, shall –
entail a fine on a legal entity in amount of four hundred monthly calculation
indices.
Article 261. Violation of conditions and procedure for issuance
and (or) placement of equity securities by an emitter
1. Violation of conditions and procedure for issuance and (or) placement of equity
securities by an emitter, established by the legislation of the Republic of Kazakhstan,
as well as linked with violation by an emitter that is not a financial organization of
conditions and procedure established by prospectus of issuing bonds for using money
received from placement of the bonds, with the exception of actions provided by a part
two of this Article, shall –
entail a fine on civil servants in amount of three hundred, on subjects of small
entrepreneurship, non-profit organizations – in amount of three hundred fifty, on
subjects of medium entrepreneurship – in amount of four hundred, on subjects of large
entrepreneurship – in amount of five hundred monthly calculation indices.
2. Violation of conditions and procedure for placement of equity securities by an
emitter in a territory of foreign state established by the legislation of the Republic
of Kazakhstan, shall –
entail a fine on legal entities in amount of fifty percent of a sum of money
received from placement of equity securities.
Article 262. Violation of requirements by professional
securities market participant and organizer of biddings
with securities established by the legislation of
the Republic of Kazakhstan to their activity
Repeated (two and more times within twelve sequential calendar months) violation
of requirements by professional securities market participant and organizer of biddings
with securities established by the legislation of the Republic of Kazakhstan to their
activity, shall –
entail a fine in amount of three hundred monthly calculation indices.
Article 263. Violation of the obligation on disclosure
of information at securities market
Non-fulfillment of the obligation on disclosure of information by securities
market entities in the manner and on conditions determined by the legislation of the
Republic of Kazakhstan and (or) internal rules of stock exchanges, as well as provision
of incomplete or inaccurate information of own activity, shall –
entail a fine on individuals in amount of fifty, on legal entities – in amount of
one hundred monthly calculation indices.
Article 264. Breach of the legislation of the Republic of
Kazakhstan on securities market by single accumulative
pension fund, voluntary accumulative pension funds and
managers of investment portfolio
1. Violation of a procedure for accounting pension savings on personal accounts of
contributors (receivers) by a single accumulative pension fund, voluntary accumulative
pension funds, as well as violation of a procedure for relations with custody banks and
single accumulative pension fund, voluntary accumulative pension funds by a manager of
investment portfolio established by the legislation of the Republic of Kazakhstan on
securities market, that did not inflict heavy damage, shall –
entail a fine on legal entities in amount of four hundred monthly calculation
indices.
2. Carrying out of transactions and operations by a single accumulative pension
fund or voluntary accumulative pension fund in breach of the legislation of the Republic
of Kazakhstan on securities market, shall –
entail a fine on legal entities in amount of four hundred monthly calculation
indices.
Article 265. Violation of requirements of the Law of the
Republic of Kazakhstan “On investment funds”
1. Violation of requirements of the Law of the Republic of Kazakhstan “On
investment funds” by an incorporated investment fund, management company of investment
fund to the content of information on own activity, indices characterizing the
composition and value of net assets of investment fund, as well as procedure for its
publication and distribution, shall –
entail a fine on legal entities in amount of four hundred monthly calculation
indices.
2. Distribution or publication of inadequate, incomplete or misinforming
information by an incorporated investment fund, manager company of investment fund,
shall –
entail a fine on legal entities in amount of four hundred monthly calculation
indices.
Article 266. Violation of restrictions established by
the legislative acts of the Republic of Kazakhstan
on making payments
Making a payment by legal entities in cash on civil transaction to the amount more
than one thousand monthly calculation indices in favour of other legal entity, shall –
entail a fine on a legal entity that made payment, in amount of five percent of a
sum of the payment.
Article 267. Illegal actions of civil servants of the state
institution and state enterprise based on the right of
operational management (treasury enterprise) on incurrence
of pecuniary liability on account of the funds of state budget 1. Illegal actions of civil servants of the state institution or state enterprise
based on the right of operational management (treasury enterprise) on incurrence of
pecuniary liability on account of the funds of state budget without registration of
civil transactions established by the legislation and (or) in excess of the sums of cost
estimations approved by the authorized body that entailed liability of the Government of
the Republic of Kazakhstan or the relevant local executive body on obligations of the
state institution or state enterprise based on the right of operational management
(treasury enterprise), shall –
entail a fine in amount of fifty monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 268. Breach of the legislation of the Republic
of Kazakhstan on goods exchange
1. Participation of employees of goods exchange in exchange transactions, shall –
entail a fine in amount of one hundred fifty monthly calculation indices.
2. Carrying out of commercial or another activity by goods exchange that is not
linked directly with organization of exchange business, shall –
entail a fine in amount of five hundred monthly calculation indices.
3. Sale of goods included into the list of exchange commodities outside the goods
exchange, shall –
entail a fine on individuals in amount of seventy, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred forty, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
4. Non-compliance with requirements by exchange brokers and (or) exchange dealers
on maintenance of records of consummated exchange transactions separately on each client
and storage of details on these transactions within five years from the date of
consummation of a transaction, shall –
entail a fine in amount of eighty monthly calculation indices.
Chapter 16. ADMINISTRATIVE INFRACTIONS IN THE FIELD
OF TAX ASSESSMENT
Article 269. Violation of the term for registration
in the state revenues body
1. Violation of the terms established by the legislative acts of the Republic of
Kazakhstan for filing tax application on registration in the state revenues body, on
registration of an individual entrepreneur, private notary officer, private officer of
justice, advocate, on registration on separate types of activity, shall –
entail a notification.
2. The act provided by a part one of this Article committed repeatedly second time
second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of eight, on private notary officers,
judicial enforcement agent, advocates, on subjects of small entrepreneurship or non-
profit organizations – in amount of fifteen, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of seventy monthly
calculation indices.
3. Violation of the term established by the legislative acts of the Republic of
Kazakhstan for filing tax application to the state revenues body by a tax payer on
registration on value added tax, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship
– in amount of thirty percent of a sum of taxable turnover for the period of non-
registration.
Article 270. Illegal carrying out of activity upon
applying special tax regime
1. Applying special tax regime with violation of conditions provided by the
legislative acts of the Republic of Kazakhstan for this regime, shall –
entail a notification.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of fifteen, on
subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices.
3. Violation of the term by an individual entrepreneur for filing cost calculation
of patent or tax application on suspension (prolongation, renewal) of representing tax
reporting, shall –
entail a notification.
4. The act provided by a part three of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of fifteen monthly calculation indices.
Article 271. Carrying out of activity during the period of
validity term of decision of the state revenues body on
suspension of representing tax reporting 1. Carrying out of activity by persons during the period of validity term of
decision of the state revenues body on suspension of representing tax reporting, shall –
entail a notification.
2. The action provided by a part one of this Article committed repeatedly second
time second time within a year after imposition of administrative sanction, shall –
entail a fine on private notaries, judicial enforcement agent, advocates, on
subjects of small entrepreneurship or non-profit organizations in amount of forty, on
subjects of medium entrepreneurship – in amount of forty five, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices.
Note of RCLI!
The Title of Article 272 is in the wording of the Law of the Republic of
Kazakhstan, dated 18.11.2015 No. 412-V (shall be enforced from 01.01.2017).
large
Article 272. Non-representation of tax reporting, as well as
documents linked with conditional bank deposit
1. Non-representation of tax reporting by a tax payer to the state revenues body
within the term established by the legislative acts of the Republic of Kazakhstan, shall
–
entail a notification.
2. The act provided by a part one of this Article, with the exception of the act
mentioned in a part three of this Article committed repeatedly second time second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifteen, on private notary officers, on
judicial enforcement agent, advocates, on subjects of small entrepreneurship or non-
profit organizations – in amount of thirty, on subjects of medium entrepreneurship – in
amount of forty five, on subjects of large entrepreneurship – in amount of seventy
monthly calculation indices.
3. The act provided by a part one of this Article that is expressed in non-
representation of reporting on monitoring within the term established by the legislative
acts of the Republic of Kazakhstan, committed repeatedly second time second time within
a year after imposition of administrative sanction, shall –
entail a fine on large taxpayers subjected to monitoring, in amount of five
hundred fifty monthly calculation indices.
4. Non-representation or untimely presentation of a contract on conditional bank
deposit to the state revenues body by a tax agent in case of payment of income tax
through conditional bank deposit, shall –
entail a fine on private notaries, judicial enforcement agent, advocates, on
subjects of small entrepreneurship, including legal entities non-residents carrying out
the activity in the Republic of Kazakhstan through permanent institution, branch,
representative offices of twenty, on subjects of medium entrepreneurship, including
legal entities-non-residents carrying out the activity in the Republic of Kazakhstan
through permanent institution, branch, representation – in amount of thirty, on subjects
of large entrepreneurship, including legal entities-non-residents carrying out the
activity in the Republic of Kazakhstan through the permanent institution, branch,
representative offices – in amount of fifty monthly calculation indices.
5. Non-representation of documents to the state revenues body, required for
determination of a sum of income or a part of income of a legal entity-non-resident
located and (or) registered in a state with concessional taxation subjected to taxation
in accordance with the Tax Code of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of one hundred, on subjects of small
entrepreneurship – in amount of one hundred fifty, on subjects of medium
entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in
amount of five hundred monthly calculation indices.
Article 273. Non-representation of reporting on monitoring
of transactions, as well as documents required for control
upon transfer pricing 1. Non-representation of reporting to the state revenues body on monitoring of
transactions within the term established by the legislation of the Republic of
Kazakhstan on transfer pricing, as well as non-representation within the term
established by the authorized body, or refusal in representation of documents by a
taxpayer (as well as in electronic form) required for control upon transfer pricing,
shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of one hundred, on subjects of medium entrepreneurship – in amount of two
hundred, on subjects of large entrepreneurship – in amount of three hundred fifty
monthly calculation indices.
2. Detection of discrepancies of more than two thousand-fold amount of monthly
calculation index established for the relevant financial year by the Law on republican
budget between reporting data on monitoring of transactions and data received in the
course of inspection, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of one hundred, on subjects of medium entrepreneurship – in amount of two
hundred, on subjects of large entrepreneurship – in amount of three hundred fifty
monthly calculation indices.
3. Actions (omission) provided by a part one of this Article committed repeatedly
second time within the year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of one hundred twenty five, on subjects of medium entrepreneurship – in amount of
two hundred fifty, on subjects of large entrepreneurship – in amount of seven hundred
fifty monthly calculation indices.
Article 274. Violation of measures of financial control
1. Intended non-representation or representation of incomplete, inaccurate
declarations and details on incomes and property being the item of taxation by a person
holding a state position, by a person dismissed from the state service based on negative
appeals, and equally by a husband (wife) of mentioned persons within the term
established by the legislation of the Republic of Kazakhstan, shall –
entail a fine in amount of fifty monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine in amount of two hundred monthly calculation indices.
Footnote. Article 274 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 275. Concealment of items of taxation
1. Concealment of items of taxation by a tax payer, shall –
entail a fine on individuals, subjects of small entrepreneurship or non-profit
organizations, on subjects of medium entrepreneurship, on subjects of large
entrepreneurship in amount of one hundred percent of a tax amount and other compulsory
payments subjected to payment on concealed item of taxation.
2. Actions (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals, subjects of small entrepreneurship or non-profit
organizations, on subjects of medium entrepreneurship, on subjects of large
entrepreneurship in amount of two hundred percent of a tax amount and other compulsory
payments subjected to payment on concealed item of taxation.
Note of RCLI!
Note is in the wording of the Law of the Republic of Kazakhstan, dated 13.11.2015
No 400-V (shall be enforced from 01.01.2017).
Note. For the purpose of a part one of this Article, the concealed items of
taxation shall be also regarded as non-acceptance of goods for registration by a tax
payer, imported in a territory of the Republic of Kazakhstan from a territory of the
Customs Union member states.
Article 276. Absence of accounting records and violation
of maintaining of tax account 1. Absence of accounting records and (or) non-compliance with requirements on
drawing up and keeping of accounting records established by the legislation of the
Republic of Kazakhstan, shall –entail a notification.
2. The actions provided by a part one of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of twenty five, on subjects of medium entrepreneurship – in amount of fifty, on
subjects of large entrepreneurship – in amount of seventy five monthly calculation
indices.
3. Non-reflection of operations in accounting documentation on accounting and sale
of goods (works, services), shall –
entail a fine on subjects of small entrepreneurship in amount of three, on
subjects of medium entrepreneurship – in amount of five, on subjects of large
entrepreneurship – in amount of ten percent of cost of unaccounted goods (works,
services).
Note. The absence of accounting documentation of a tax payer shall be regarded as
absence of accounting documents and (or) tax forms, tax accounting policy, other
documents being the ground for determination of items of taxation and (or) objects
linked with taxation, as well as for calculation of tax liability.
Article 277. Avoidance from payment of accrued (calculated) tax
amounts and other compulsory payments into the budget Avoidance from payment of accrued (calculated) tax amounts and other compulsory
payments into the budget committed by making settlement payments by a tax payer with
third parties in existence of debts in the period of validation of a regulation of the
state revenues body on suspension of debit operations on cash register, unless this
action contain signs of a criminally punishable act, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship or non-profit organizations – in amount of fifteen monthly calculation
indices, on subjects of medium entrepreneurship – in amount of thirty, on subjects of
large entrepreneurship – in amount of fifty percent of a sum of made calculations.
Article 278. Undervaluation of tax amounts and other compulsory
payments into the budget 1. Undervaluation of tax amounts and other compulsory payments in a declaration,
calculation, application on entry of goods and payment of indirect taxes, if this action
does not contain signs of a criminally punishable act, shall –
entail a fine on individuals in amount of ten monthly calculation indices, on
private notary officers, judicial enforcement agent, advocates, on subjects of small
entrepreneurship or non-profit organizations – in amount of fifteen, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of fifty percent of accrued tax amount and other compulsory payments into the
budget.
2. Undervaluation of current payment amounts by a tax payer in a calculation, if
this action does not contain signs of a criminally punishable act, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations,
on subjects of medium entrepreneurship in amount of thirty, on subjects of large
entrepreneurship – in amount of fifty percent of undervalued current payment amounts.
3. Excess of amount of factually calculated corporate income tax for a tax period
over a sum of calculated advance payments within the tax period in amount of more than
twenty percent, if this action does not contain signs of a criminally punishable act,
shall –
entail a fine in amount of forty percent of a sum of exceeding the factual tax.
4. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-
V (shall be enforced from 01.01.2015).
Note.
1. For the purpose of a part one of this Article, upon determination of a sum of
administrative sanction on accrued amount of value added tax, the sum of overpay on
value added tax on a separate account of a tax payer shall be considered on a date of
established term for payment of the value added tax for tax period.
In case of tax inspection of more than one tax period, the sum of overpay on a
separate account on a date of established term for payment for each following tax period
shall be determined in consideration of accrued and (or) undervalued amount of the value
added tax for the previous tax periods included into this tax inspection.
2. For the purpose of a part one of this Article in case, if the person is subject
to administrative liability for undervaluation of indirect tax amounts in the
application on entry of goods and payment of indirect taxes, such person shall not be
subject to administrative liability separately for undervaluation of the mentioned
indirect tax amounts in a declaration on indirect taxes on imported goods.
3. For the purpose of a part three of this Article, the person shall be also
subject to administrative liability in case of non-representation of advance payments
within the tax period on corporate income tax subjected to representation in accordance
with the tax legislation of the Republic of Kazakhstan. By this, the accrued amount of
advance payments shall be equated to zero.
4. For the purpose of a part three of this Article, upon determination of excess,
the excess that is created due to adjustment of the tax on extraction of mineral
resources in accordance with paragraph 3 of Article 335 and (or) subparagraph 1) of
paragraph 3 of Article 338 of the Tax Code of the Republic of Kazakhstan.
Footnote. Article 278 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 279. Non-fulfillment of the obligation by a tax agent
on deduction and (or) transfer of taxes
1. Non-deduction or partial deduction of tax amounts by a tax agent subjected to
deduction and (or) transfer into the budget, within the term established by the tax
legislation of the Republic of Kazakhstan, shall –
entail a fine on private notary officers, judicial enforcement agent, advocates,
on subjects of small entrepreneurship or non-profit organizations in amount of twenty,
on subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of fifty percent of non-deducted tax amount and other
compulsory payments.
2. Non-transfer or incomplete transfer of deducted tax amounts by a tax agent
subjected to transfer into the budget, within the term established by the tax
legislation of the Republic of Kazakhstan, shall –
entail a fine on private notary officers, judicial enforcement agent, advocates,
on subjects of small entrepreneurship or non-profit organizations in amount of five, on
subjects of medium entrepreneurship – in amount of ten, on subjects of large
entrepreneurship – in amount of twenty monthly calculation indices.
Note. The person shall not be subject to bringing to administrative liability
provided by this Article on deducted (subjected to deduction) tax amounts detected by a
tax agent on an individual basis and mentioned in additional tax reporting, upon
condition of their transfer into the budget no later than three business days from the
date of representation of additional tax reporting to the state revenues body.
Article 280. Statement of dummy invoice Statement of dummy invoice by a tax payer, shall –
entail a fine on subjects of small entrepreneurship in amount of thirty five
monthly calculation indices, on subjects of medium entrepreneurship – in amount of one
hundred twenty, on subjects of large entrepreneurship – in amount of two hundred percent
of amount of value added tax included into the invoice.
Note. Dummy invoice shall be regarded as the invoice made by a payer that is not
registered on value added tax, and equally by a person that in fact did not perform
works, render services, dispatch goods and including the amount on value added tax.
Article 281. Breach of the legislation of the Republic of
Kazakhstan in the field of the state regulation of production
and turnover of separate types of oil products and sub-excise
goods, with the exception of biofuel, ethyl alcohol and
alcohol products
1. Violation of the rules for execution of accompanying notes, declaration of
separate types of oil products and sub-excise goods, with the exception of biofuel,
ethyl alcohol and alcohol products, and equally non-presentation or untimely
representation of accompanying notes, as well as declarations on production and turnover
of separate types of oil products and sub-excise goods, with the exception of biofuel,
ethyl alcohol and alcohol products, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship or non-profit organizations in amount of forty five, on subjects of
medium entrepreneurship – in amount of seventy, on subjects of large entrepreneurship –
in amount of one hundred monthly calculation indices.
2. Acts provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship – in amount of seventy five, on subjects of medium entrepreneurship –
in amount of one hundred, on subjects of large entrepreneurship – in amount of two
hundred monthly calculation indices.
3. Breach of the legislation of the Republic of Kazakhstan in the field of the
state regulation of production and turnover of tobacco products committed in the form
of:
1) refusal in representation of details to the authorized body or representation
of inaccurate information in the scope of production and turnover of tobacco products,
and equally non-representation of information within thirty calendar days in written
form on introduced amendments and supplements in a production passport;
2) production of tobacco products not by address stated in a license, on equipment
that do not conform to requirements established by the legislation of the Republic of
Kazakhstan;
3) non-carrying out of activity on production of tobacco products within the year
from the date of issuance of a license, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of seven hundred monthly calculation indices with
suspension of the license validity term for the relevant type of activity.
4. Acts provided by a part three of this Article committed repeatedly second time
within a tear after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
fifty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects
of large entrepreneurship – in amount of nine hundred monthly calculation indices with
deprivation of the license for the relevant type of activity.
5. Violation of conditions of production and (or) turnover of separate types of
oil products and sub-excise goods, with the exception of biofuel, ethyl alcohol and
alcohol products committed in the form of:
1) turnover of ethylated petrol and (or) slop oil products, as well as their
storage without the further processing by individuals and (or) legal entities;
2) turnover of separate types of oil products without accompanying notes;
3) sale of oil products by the persons, with the exception of oil producers and
oil suppliers, not from the oil product depots, gas filling stations;
4) breaking of seals on control metering instruments;
5) turnover (except for export) of tobacco products with the prices lower than
minimal prices established by the Government of the Republic of Kazakhstan;
6) sale of oil products from gas filling stations of movable type on agricultural
lands at the places of concentration of agricultural vehicles at field works;
7) turnover of oil products including metallic additives (iron, manganese, led and
others, except for antistatic additives for diesel fuel) by individuals and (or) legal
entities;
Note of RCLI!
Subparagraph 8) shall be enforced from 01.01.2016 in accordance with the Code of
the Republic of Kazakhstan dated 05.07.2014 No. 235-V.
8) sale and (or) dispatch of separate types of oil products by producers of oil
products, oil suppliers, wholesale oil suppliers or retail sellers of oil products
without control metering instruments (CMI) or without CMI;
9) lend lease of a reserve by owners of oil depots for sale and (or) storage of
oil products for the purpose of following selling to two and more individuals and (or)
legal entities at the same time;
10) sale of oil products by wholesale oil products suppliers acquiring the oil
products from oil producers and oil suppliers not to retail sellers of oil products or
not to final consumers, shall –
entail a fine on individuals in amount of one hundred fifty, on subjects of small
entrepreneurship – in amount of two hundred twenty five, on subjects of medium
entrepreneurship – in amount of three hundred fifty, on subjects of large
entrepreneurship – in amount of eight hundred monthly calculation indices, with
confiscation of oil products being direct subjects of commission of administrative
infraction, and (or) incomes received due to commission of the infraction.
6. The actions provided by a part five of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of two hundred, on subjects of small
entrepreneurship – in amount of three hundred, on subjects of medium entrepreneurship –
in amount of four hundred, on subjects of large entrepreneurship – in amount of one
thousand monthly calculation indices, with confiscation of the oil products being direct
subjects of commission of administrative infraction, and (or) incomes received due to
commission of the infraction.
Article 282. Breach of the legislation of the Republic of
Kazakhstan on the state regulation of production and
turnover of ethyl alcohol and alcohol products 1. Violations of the rules for representation of declarations on production and
turnover of ethyl alcohol and alcohol products, rules for execution and use of
accompanying notes on ethyl alcohol and (or) alcohol products, and equally non-
representation of declarations on production and turnover of ethyl alcohol and alcohol
products, as well as accompanying notes on ethyl alcohol and alcohol products, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of thirty five, on subjects of medium entrepreneurship – in
amount of seventy, on subjects of large entrepreneurship – in amount of one thousand
monthly calculation indices.
2. Acts provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship – in amount of seventy, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices.
3. Violation of the conditions of turnover and movement of ethyl alcohol and
alcohol products committed in the form of:
1) storage and sale of alcohol products outside the places established by the Laws
of the Republic of Kazakhstan;
2) turnover of alcohol products in a composite plastic container, as well as in a
cardboard package with polyethylene coating and foiled plastic bag placed in a cardboard
box, and equally in dirty, misshaped, with obvious signs of breakage, with affected
closure of bottles, as well as having common turbidity, foreign inclusions, settlings
(except for vintage wines);
3) turnover of alcoholic products in tin containers (except for beer and low-proof
distilled products with a strength less than twelve percent) in bottles without labels
and in plastic capacities;
4) retail sale of vodka and special vodka, strong distilled products lower than
minimal retail price established by the Government of the Republic of Kazakhstan;
5) storage and wholesale trade of alcohol products by two and more licensees in
one storage capacity;
Note of RCLI!
Subparagraph 6) shall be enforced from 01.01.2016 in accordance with the Code of
the Republic of Kazakhstan dated 05.07.2014 No. 235-V.
6) storage and sale without existence of the tools determining the security
features of accounting- control marks and (or) reading information from accounting-
control marks of alcohol products subjected to marking by accounting-control marks;
7) turnover and movement of ethyl alcohol and (or) alcohol products without
existence of accompanying notes, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship – in amount of seventy five, on subjects of medium entrepreneurship –
in amount of one hundred fifty, on subjects of large entrepreneurship – in amount of two
hundred, on legal entities that are the subjects of large entrepreneurship – in amount
of six hundred monthly calculation indices with confiscation of sub-excise goods that
are the direct subject of infraction.
4. The actions provided by a part three of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of one hundred, on subjects of small
entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of two hundred fifty, on subjects of large entrepreneurship – in amount of eight
hundred monthly calculation indices, with the confiscation of sub-excise goods,being the
direct subject of infraction.
5. Violation of conditions of production of ethyl alcohol and (or) alcohol
products committed in the form of:
1) non-representation of information by a producer on introduced amendments or
supplements to production passport up to thirty calendar days from the date of
introduction of amendments or supplements to production passport;
Note of RCLI!
Subparagraph 2) is provided to be in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2016).
2) production of ethyl alcohol and (or) alcohol products (except for those
saturated with dioxide carbon) without alcohol metering instruments and (or) control
metering instruments or with alcohol metering instruments and (or) control metering
instruments not carrying out automated information transfer on volumes of production to
the authorized body;
Note of RCLI!
Subparagraph 3( is provided to be in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2016).
3) production of ethyl alcohol and (or) alcohol products (except for saturated
with dioxide carbon) with defective alcohol metering instruments and (or) control
metering instruments, and equally with deviations in accounting above permitted
standards;
4) production of ethyl alcohol and alcohol products by two and more licensees at
one and the same stationary premises and equipment, shall –
entail a fine on subjects of medium entrepreneurship in amount of two hundred, on
subjects of large entrepreneurship – in amount of seven hundred monthly calculation
indices, with suspension of the license validity term for the relevant type of activity.
6. The act provided by a part five of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of medium entrepreneurship in amount of three hundred,
on subjects of large entrepreneurship – in amount of nine hundred monthly calculation
indices, with deprivation of the license for the relevant type of activity.
7. Violation of the conditions of production and turnover of ethyl alcohol and
(or) alcohol products committed in the form of:
1) carrying out of activity in the period of suspension of the license validity
term on such activity;
2) production of alcohol products from ethyl alcohol produced not from food raw
materials, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of seven hundred monthly calculation indices, with the
deprivation of the license for the relevant type of activity.
8. Non-payment of annual license fee within the terms and amounts established by
the Code of the Republic of Kazakhstan “On taxes and other compulsory payments into the
budget” (Tax Code), shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of seven hundred monthly calculation indices, with
suspension of the license validity term for the relevant type of activity.
9. Non-elimination of violations provided by a part eight of this Article, within
the term of suspension of the license validity term, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
fifty, on subjects of medium entrepreneurship – in amount of two hundred, on subjects of
large entrepreneurship – in amount of seven hundred monthly calculation indices, with
deprivation of the license for the relevant type of activity.
10. Non-observance of a minimal percent of using production capacity and minimal
production volumes upon production of ethyl alcohol (except for cognac spirit), vodka
and special vodka, shall –
entail a fine on subjects of medium entrepreneurship – in amount of five hundred,
on subjects of large entrepreneurship – in amount of one thousand monthly calculation
indices, with suspension of the license validity term for the relevant type of activity.
11. The act provided by a part ten of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of medium entrepreneurship in amount of one thousand, on
subjects of large entrepreneurship – in amount of two thousand monthly calculation
indices, with deprivation of the license for the relevant type of activity.
12. Storage and sale of alcohol products in the buildings and in the territories
of public health, education, health and fitness organizations, sports and sporting
technical structures, gas filling stations, trade markets, cultural leisure
organizations, shall – entail suspension of the license validity term.
13. The actions provided by a part twelve of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail deprivation of the license.
Footnote. Article 282 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 283. Violation of the rules for marking (remarking)
of alcohol products, with the exception of wine materials and
beer by accounting control marks and tobacco products
by excise marks
1. Violation of the rules for marking (remarking) of alcohol products by a
producer or importer, with the exception of wine materials and beer by accounting
control marks and tobacco products by excise marks, shall –
entail a fine on subjects of medium entrepreneurship in amount of two hundred, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices, with confiscation of sub-excise goods that are the direct subject of
infraction, as well as with deprivation of the license for the relevant type of
activity.
2. Turnover of sub-excise goods subjected to marking by excise and (or) accounting
control marks committed in the form of storage, sale and (or) transportation of the sub-
excise goods without excise and (or) accounting control marks, and equally with marks of
non-established standard and (or) that may not be identified, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship – in amount of one hundred fifty, on subjects of medium
entrepreneurship – in amount of two hundred, on subjects of large entrepreneurship – in
amount of five hundred monthly calculation indices, with confiscation of sub-excise
goods that are the direct subject of infraction, as well as with deprivation of the
license for the relevant type of activity.
Footnote. Article 283 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 284. Violation of the procedure for using
cash register machines 1. Non-use of cash register machine upon making cash settlements in a territory of
the Republic of Kazakhstan performed during trading operations, performance of works,
rendering of services by cash money, as well as use of defective or unregistered cash
register machine in the state revenues body at place of use, shall –
entail a notification.
2. Actions (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on private notary officers, judicial enforcement agent, subjects of
small entrepreneurship in amount of fifteen, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
3. Non-issuance of a receipt of cash register machine or sales check or issuance
of a receipt of cash register machine or sales check in amount of more or less than the
sum paid for goods or service, shall – entail a notification.
4. The act provided by a part three of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on private notary officers, judicial enforcement agent, subjects of
small entrepreneurship in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
5. Violation of the terms for filing a tax application for introduction of
amendments into the registration data of cash register machine, substitution
(restoration) of record book of cash money or sales check book, as well as upon
technical defect of the cash register machine, elimination of which is impossible
without violation of the integrity of a seal of the state revenues body, shall –
entail a notification.
6. The act provided by a part five of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on private notary officers, judicial enforcement agent, subjects of
small entrepreneurship in amount of thirty, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
7. Non-indication of one or several following requisites in a control check of
cash register machine:
1) name of a tax payer;
2) identification number;
3) factory number of a cash register machine;
4) registration number of cash register machine in the state revenues body;
5) index number of a check;
6) date and time of purchasing goods, performance of works, rendering of services;
7) price of goods, work, service and (or) sum of purchase;
8) fiscal sign or non-indication of one or several requisites established by
subparagraphs 1) – 7) of this part in a control check of computer systems (with the
exception of the computer systems used by banks and organizations carrying out separate
types of banking operations), shall –
entail a notification.
8. The act provided by a part seven of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on private notary officers, judicial enforcement agent, subjects of
small entrepreneurship in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
9. Non-filling of a record book of cash money during the operation of cash
register machine or non-conformance of indications of the shift reports to the data of
the record book of cash money on the relevant date, or failure to record in the record
book of cash money upon carrying out of operations in the cash register machine on
cancellation of wrongly introduced sum or return of cash money for the sold goods,
performed works, rendered services, shall –
entail a notification.
10. The act provided by a part nine of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on private notary officers, judicial enforcement agent, subjects of
small entrepreneurship in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
11. Non-conformance of the indications of a report on current state of a cashier
to the sum of cash money in the cashier at the moment of reading of the fiscal report
considering the sums of acceptance and disbursal of cash money not linked with sales of
goods, performance of works, rendering of services indicated in a record book of cash
money detected in the course of tax inspection, shall –
entail a notification.
12. The act provided by a part eleven of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on private notary officers, judicial enforcement agent, subjects of
small entrepreneurship in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
13. Violations of the terms for retention of the shift report, record book of cash
money, sales checks, registration card of cash register machine, annulment or return
check, as well as control check on which the operation of annulment or return is
conducted, established by the tax legislation of the Republic of Kazakhstan, shall –
entail a notification.
14. The act provided by a part thirteen of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on private notary officers, judicial enforcement agent, subjects of
small entrepreneurship in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
15. Conduct of operations in cash register machine on cancellation of wrongly
entered sum or return of cash money for sold goods, performed works, rendered services
without existence of original of a control check for the sold goods, performed works,
rendered services, shall –
entail a notification.
16. The act provided by a part fifteen of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on private notary officers, judicial enforcement agent, subjects of
small entrepreneurship in amount of thirty, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
17. Violation of the term for presenting cash register machine to the state
revenues body for installation of seals after elimination of technical defectdefect of
the cash register machine, the elimination of which is impossible without violation of
integrity of the seal of the state revenues body, shall –
entail a notification.
18. The act provided by a part seventeen of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on private notary officers, judicial enforcement agent, subjects of
small entrepreneurship in amount of thirty, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
Article 285. Non-fulfillment of the obligations by banks and
organizations carrying out separate types of banking
operations, established by the tax legislation of
the Republic of Kazakhstan 1. Non-fulfillment of the obligations by banks and organizations carrying out
separate types of banking operations, established by the tax legislation of the Republic
of Kazakhstan committed in the form of:
1) non-notification of the state revenues bodies on opening of banking accounts to
a tax payer – legal entity, including non-resident, its structural subdivisions,
individual being registered as an individual entrepreneur, private notary officer,
private officer of justice, advocate, foreign person and stateless person by
transferring through informational communication network ensuring guaranteed delivery of
messages, no later than one business day following the date of their opening, or upon
forwarding a message in hard copy – within three business days;
2) conduct of an operation on banking accounts of clients without identification
number in payment documents (with the exception of a bill and payment documents, on the
basis of which a bank carries out the acceptance and disbursal of cash money);
3) non-execution of payment commission of a tax payer in a priority manner on
payment of taxes and other compulsory payments into the budget, collection orders of the
state revenues bodies on recovery of taxes, other compulsory payments, later fee and
fines – no later than one transaction day, following the day of receipt of an
instruction of the tax payer or the state revenues body;
4) non-suspension of debit operations by order of the state revenues bodies within
the sum of debts for tax stated in such order, on banking accounts (with the exception
of correspondent) of an individual being registered as an individual entrepreneur,
private notary officer, private officer of justice, advocate, legal entity, structural
subdivision of a legal entity, structural subdivision of a legal entity-non-resident
carrying out the activity in the Republic of Kazakhstan through the permanent
institution in the manner established by the Laws of the Republic of Kazakhstan;
5) non-representation of a report on monetary movement to the state revenues body
within the term established by the tax legislation of the Republic of Kazakhstan, placed
on a conditional banking deposit within accounting quarter, in existence of such
monetary movement in the form established by the authorized body;
6) opening of a new banking account for own client in existence of the opened
banking account in this bank of the latter, in respect of which the collection orders or
regulations on suspension of debit operations on banking accounts of a tax payer are
issued;
7) opening of a banking account for the idle tax payer, shall –
entail a fine in amount of five percent of a sum of committed debit operations on
banking accounts of tax payers for the period of non-fulfilling the obligations by the
bank established by the tax legislation of the Republic of Kazakhstan.
2. Non-transfer or untimely transfer of the tax amounts into the budget by banks
and organizations carrying separate types of banking operations placed under the
contracts on conditional bank deposit, shall –
entail a fine in amount of fifty percent of a sum of non-transferred or untimely
transferred tax and other compulsory payment into the budget placed on a conditional
bank deposit.
3. Non-fulfillment of obligations by banks and organizations carrying out separate
types of banking operations, established by the tax legislation committed in the form
of:
1) non-notifying the state revenues bodies on closing banking accounts of a tax
payer – legal entity, including non-resident, its structural subdivisions, individual
registered as an individual entrepreneur, private notary office, private officer of
justice, advocate, foreign person and stateless person by transferring messages through
informational communication network that ensures guaranteed delivery, but no later than
one business day next to the date of their opening, or upon sending notification in a
hard copy – within three business days;
2) acceptance of payment documents in payment for taxes and other compulsory
payments into the budget, social expenditures, transfer of compulsory pension
contributions and compulsory professional pension contributions with incorrectly
specified identification number;
3) acceptance of payment documents in payment for taxes on a transport vehicle
with incorrectly specified identification number of the transport vehicle;
4) non-notifying the authorized body on suspension of accrual of remuneration to
an individual registered as an individual entrepreneur, or legal entity upon termination
of recognizing incomes in the form of remuneration on provided credit (loan) – no later
than 31 March of the year next to the accounting taxable period;
5) non-transfers (non-crediting), untimely transfer (crediting) of tax amounts and
other compulsory payments into the budget, compulsory pension contributions and
compulsory professional pension contributions, social expenditures or making mistakes
upon fillings the requisites of a payment document due to the fault of a bank or
organization carrying out the separate types of banking operations, upon transfer of the
tax amount and other compulsory payments into the budget, late fees, fines to the bank
or other organization carrying out cash execution of budget system;
6) non-admission of a civil servant of the state revenues bodies for inspection of
availability of money and committed operations on banking accounts of the inspected
individual registered as an individual entrepreneur, private notary officer, private
officer of justice, advocate or legal entity;
7) non-notifying the state revenues body on occurrence of the income of a tax
payer- loan debtor from writing off of obligations within thirty calendar days from the
date of writing off of the obligations on provided credits (loans) from the loan debtor
being an individual registered as an individual entrepreneur, or legal entity;
8) non-representation of details on existence and numbers of banking accounts, on
balance and monetary movement on these accounts within ten business days from the date
of acceptance of a request of the state revenues body, shall –
entail a fine in amount of thirty monthly calculation indices.
Footnote. Article 285 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 286. Representation of knowingly false details
on banking operations
Representation of knowingly false details by banks and organizations carrying out
separate types of banking operations on the operations on banking accounts of legal
entities or individuals, and equally issuance of the warrantees, guarantees and other
obligations, knowingly not ensured by a factual financial condition of this bank, if
these actions did not entail infliction of a heavy damage to an individual or legal
entity or the state, shall –
entail a fine in amount of fifty monthly calculation indices.
Note. Heavy damage inflicted to an individual shall be regarded as the sum
exceeding two thousand, to legal entity – twenty thousand monthly calculation indices,
as of the date of commission of the infraction.
Article 287. Non-fulfillment of obligations established by the
tax legislation of the Republic of Kazakhstan by tax payers
upon export and import of goods, performance of works,
rendering of services in the Customs Union, as well as failure
to perform the requirements by the persons established by the
legislation of the Republic of Kazakhstan
1. Non-payment, incomplete payment or untimely payment of indirect taxes within
the term established by the tax legislation of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of twenty percent of a sum of unfulfilled
tax obligation, but no less than ten monthly calculation indices, on private notary
officers, advocates, on subjects of small entrepreneurship or non-profit organizations –
in amount of thirty percent of a sum of unfulfilled tax obligation, but no less than
twenty monthly calculation indices, on subjects of medium entrepreneurship – in amount
of forty percent of a sum of unfulfilled tax obligation, but no less than thirty monthly
calculation indices, on subjects of large entrepreneurship – in amount of fifty percent
of a sum of unfulfilled tax obligation, but no less than two hundred fifty monthly
calculation indices.
2. Non-representation of the obligations by a tax payer on import (export) of
products after processing to the state revenues body and their non-fulfillment, provided
by the tax legislation of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
3. Non-notifying or untimely notification of the state revenues bodies in the
following cases:
1) upon temporary entry of goods in a territory of the Republic of Kazakhstan from
the member-states of the Customs Union that in the following will be exported from the
territory of the Republic of Kazakhstan without change of properties and characteristics
of entered goods;
2) upon temporary export of goods from a territory of the Republic of Kazakhstan
to the territory of the member states of the Customs Union that in the following will be
entered into the territory of the Republic of Kazakhstan without change of properties
and characteristics of entered goods, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations –in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of two hundred fifty monthly calculation indices.
4. Violation of the terms established by the tax legislation of the Republic of
Kazakhstan for processing of unmanufactured raw products exported from a territory of
the Republic of Kazakhstan into the territory of the member state of the Customs Union,
as well as entered into the territory of the Republic of Kazakhstan from the territory
of the member state of customs union, shall –
entail a fine on subjects of small entrepreneurship – in amount of fifteen, on
subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of fifty percent of a sum of assessed taxes.
5. Non-notifying or untimely notification by an organizer of the exhibition-fair
trade, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
twenty, on subjects of medium entrepreneurship – in amount of two hundred fifty, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices.
6. Violation of the procedure for organizing exhibition fair trade by an
organizer, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
twenty five, on subjects of medium entrepreneurship – in amount of two hundred fifty, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices.
7. Non-representation of notification to the state revenues bodies according to
location (place of residence) on a date of receiving sub-excise goods entered from a
territory of the member state of the Customs Union by persons being liable to represent
such notification in accordance with the legislation of the Republic of Kazakhstan,
shall –
entail a fine on individuals in amount of one hundred, on subjects of small
entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of three hundred, on subjects of large entrepreneurship – in amount of five
hundred monthly calculation indices.
Note. For the purpose of a part one of this Article in case if the person is
subjected to bringing to administrative liability for non-registration of goods imported
into the territory of the Republic of Kazakhstan from the territory of the member states
of the Customs Union provided by Article 275 of this Code, such person shall not be
subject to bringing to administrative liability provided by a part one of this Article.
Article 288. Failure to perform the legal requirements of
the state revenues bodies and their civil servants
Footnote. Title of Article 288 is in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
1. Failure to perform the legal requirements of the state revenues bodies and
their civil servants by a tax payer, shall –
entail a fine in amount of eight monthly calculation indices.
2. Actions (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of fifteen monthly calculation indices.
3. Illegal impeding to access of a civil servant of the state revenues bodies
conducting tax inspection to the territory or to the premise used by a tax payer (except
for resident premises) for entrepreneurial activity, shall –
entail a fine in amount of forty five monthly calculation indices.
4. Actions (omission) provided by a part three of this Article committed
repeatedly second time within a year after imposition of administrative sanction, shall
–
entail a fine in amount of sixty monthly calculation indices.
Footnote. Article 288 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Chapter 17. ADMINISTRATIVE INFRACTIONS IN THE FIELD OF
ENERGY SAVING AND INCREASE OF ENERGY EFFICIENCY
Article 289. Non-observance of regulatory values of
a capacity rate in electric networks and increase
of energy consumption standards
1. Non-observance of regulatory values of a capacity rate in electric networks
shall –
entail a notification for subjects of small entrepreneurship, fine on subjects of
medium entrepreneurship in amount of ten, on subjects of large entrepreneurship – in
amount of two hundred monthly calculation indices.
2. Excess of energy consumption standards shall –
entail a notification on subjects of small entrepreneurship, fine on subjects of
medium entrepreneurship in amount of five, on subjects of large entrepreneurship – in
amount of fifteen percent of a cost of energy resources used over the approved standards
for the period in which the infraction is occurred, but no more than for one year.
3. The act provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship
– in amount of four hundred monthly calculation indices.
4. The act provided by a part two of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of five, on subjects
of medium entrepreneurship – in amount of ten, on subjects of large entrepreneurship –
in amount of thirty percent of a cost of energy resources used over the approved
standards for the period in which the infraction is occurred, but no more than for one
year.
Note. Cost of the energy resource shall be determined on the basis of market price
as of the date of detection of the infraction.
Article 290. Non-fulfillment of the obligation on non-admission
of direct loss of energy, water upon carrying out of
their production and transfer 1. Non-fulfillment of the obligation on non-admission of direct loss of energy,
water upon carrying out of their production and transfer linked with defect of
equipment, reinforcement, operation of pipelines without their heat insulation or non-
observance of work regime of energy consumption equipment, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship
– in amount of two hundred monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of twenty, on
subjects of medium entrepreneurship – in amount of forty, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
Article 291. Acceptance of new objects for operation, consuming
energy resources that are not equipped by the relevant metering
devices of energy resources and automated systems of
heat consumption regulation
1. Acceptance of new objects consuming energy resources that are not equipped by
the relevant metering devices of energy resources and automated systems of heat
consumption regulation, shall –
entail a fine on civil servants in amount of twenty monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on civil servants in amount of fifty monthly calculation indices.
Note.
1. The civil servants shall be regarded as the persons that signed the act on
commissioning the object.
2. The civil servants shall not be subjected to bringing to administrative
liability for committed infraction provided by parts one and two of this Article, in
cases of commissioning of new objects that are not equipped by automated systems of heat
consumption regulation and hourly average consumption of heat energy (including
consumption of heating energy, warming, ventilation, conditioning and hot water supply)
of which is less than 50 kW.
Article 292. Violation of the obligation by subjects of the
State energy register on providing information being introduced
into the State energy register, the requirement on compulsory
annual reduction of the consumption volume of energy resources
and water per unit of production, floor place of the buildings,
structures and constructions to the sizes determined
according to energy audit Footnote. Title of Article 292 is in the wording of the Law of the Republic of
Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar
days after the date of its first official publication).
1. Violation of the obligation by subjects of the State energy register on
providing information introduced into the State energy register, the requirement on
compulsory annual reduction of the consumption size of energy resources and water per
unit of production, floor space of the buildings, structures and constructions to the
sizes determined according to energy audit, within five years after conduct of the
energy audit, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship
– in amount of two hundred monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of twenty, on
subjects of medium entrepreneurship – in amount of forty, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
Footnote. Article 292 as amended by the Law of the Republic of Kazakhstan dated
14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 293. Avoidance from conduct of compulsory energy
audit by subjects of the State energy register or
impeding of its conduct
1. Avoidance from conduct of compulsory energy audit by subjects of the State
energy register or impeding of its conduct, shall –
entail a fine on subjects of small entrepreneurship in amount of five, on subjects
of medium entrepreneurship – in amount of ten, on subjects of large entrepreneurship –
in amount of two hundred monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship
– in amount of four hundred monthly calculation indices.
Article 294. Violation of restrictions on sale and use of
products in the field of energy saving and increase
of energy efficiency
Footnote. Title of Article 294 is in the wording of the Law of the Republic of
Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar
days after the date of its first official publication).
1. Sale and use of incandescent electric lamps with a capacity of 25 W and more
that may be used in alternating current circuit for the purpose of lighting, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices, with confiscation of incandescent electric lamps with a
capacity of 25 W and more that may be used for the purpose of an alternate current for
the purpose of lighting.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in
amount of eighty, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices, with confiscation of incandescent electric lamps with a
capacity of 25 W and more that may be used in alternating current circuit for the
purpose of lighting.
3. Sale and (or) use of energy consuming devices that do not contain information
on a class and characteristics of energy efficiency in a technical documents and on
labels in accordance with the technical regulation of the Customs Union, shall –
entail a fine on subjects of small entrepreneurship in amount of three, on
subjects of medium entrepreneurship – in amount of six, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
4. Actions provided by a part three of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of six, on subjects
of medium entrepreneurship – in amount of twelve, on subjects of large entrepreneurship
– in amount of two hundred monthly calculation indices.
Footnote. Article 294 as amended by the Law of the Republic of Kazakhstan dated
14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 295. Non-fulfillment of the obligation on creation,
introduction and organization of the work of energy management
system by subjects of the State energy register
Footnote. Article 295 is excluded by the Law of the Republic of Kazakhstan dated
14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 296. Non-compliance with conduct of energy audit,
procedure for activity of training centres established by
the legislation of the Republic of Kazakhstan on energy
saving and increase of energy sufficiency
Footnote. Title of Article 296 is in the wording of the Law of the Republic of
Kazakhstan dated 14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar
days after the date of its first official publication).
1. Non-compliance with the procedure for conduct of energy audit, procedure for
activity of training centres established by the legislation of the Republic of
Kazakhstan on energy saving and increase of energy efficiency, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship
– in amount of eighty monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of fifteen, on
subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices, with suspension
of the validity term of accreditation certificate.
Footnote. Article 296 as amended by the Law of the Republic of Kazakhstan dated
14.01.2015 No. 279-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Chapter 18. ADMINISTRATIVE INFRACTIONS IN THE FIELD OF
INDUSTRY, USE OF HEATING, ELECTRIC AND NUCLEAR ENERGY
Article 297. Violations of safety requirements upon handling
with explosive materials, radioactive and other
environmentally hazardous substances
1. Violations of safety requirements during production, storage, disposal,
destruction, use, utilization, transportation or another handling with explosive
materials, pyrotechnical substances, radioactive, bacteriological, chemical and other
environmentally hazardous substances and wastes in the branches of production and on the
objects being under the control of a supervisory bodies, with the exception of cases
provided by Article 416 of this Code, if these actions do not contain the signs of a
criminally punishable act, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices.
2. Violation of established rules of production, storage, disposal, use,
utilization, transportation or another handling with nuclear materials, radioactive
substances, special non-nuclear materials and products of double-purpose having a
relation to nuclear activity, with the exception of the cases provided by Article 416 of
this Code, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of sixty, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices.
Article 298. Violation of rules on safety performance of works 1. Violation of established requirements on safety performance of works in the
branches of industry, mining and construction operations or on the objects being under
the control of the authorized body in the scope of civil defense and other state bodies
of control and supervision, unless this entails infliction of serious or average harm to
human health by negligence, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices.
2. Violation of requirements of industrial safety during development of the
projects of construction, reconstruction, modernization, liquidation of hazardous
production objects, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of forty five, on subjects of medium entrepreneurship – in
amount of seventy, on subjects of large entrepreneurship – in amount of one hundred
fifty monthly calculation indices.
3. Concealing of a fact of accident, incident on a hazardous production object,
shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of one hundred, on subjects of medium entrepreneurship – in amount of one
hundred, on subjects of large entrepreneurship – in amount of two hundred monthly
calculation indices.
4. Action (omission) provided by a part three of this Article committed repeatedly
second time within a year after imposition of administrative infraction, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of two hundred, on subjects of medium entrepreneurship – in amount of three
hundred, on subjects of large entrepreneurship – in amount of four hundred monthly
calculation indices.
Article 299. Breach of the legislation of the Republic of
Kazakhstan upon conduct of attested types of works in the
fields of industrial safety and safety of dams 1. Breach of the legislation of the Republic of Kazakhstan during conduct of
attested types of works in the fields of industrial safety and safety of dams committed
in the form of:
1) issuance of expert reports, including those in the field of explosive works
containing incomplete and (or) inaccurate information on conformance (non-conformance)
of the subject of examination based on the results of the conducted examinations in the
field of industrial safety;
2) formulation of industrial safety declarations of hazardous production objects
that do not conform to the requirements of industrial safety;
3) non-conformance of training, retraining of the specialists, workers of
hazardous production objects to the requirements of the legislation of the Republic of
Kazakhstan on civil defence;
4) conduct of technical maintenance of gas consuming systems that does not ensure
their operative condition;
5) issuance of expert reports, formulation of industrial safety declarations
containing incomplete and (or) inaccurate information on their conformance (non-
conformance) to requirements established by the water legislation of the Republic of
Kazakhstan, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship
– in amount of one hundred monthly calculation indices, with suspension of the validity
term of attestation or without such.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of administrative infraction, and equally non-
elimination of the violations provided by a part one of this Article, shall –
entail a fine on subjects of small entrepreneurship in amount of twenty, on
subjects of medium entrepreneurship – in amount of forty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices, with
deprivation of the attestation.
Article 300. Violation of approved rules of technical operation
of electric power stations and networks, safety regulations
during operation of thermal and mechanical equipment of
electric power stations and heating networks, technical
operation of electrical installations of the consumers, as well
as violation of established energy consumption regimes
Violation of the approved rules of technical operation of electric power stations
and networks, safety regulations during operation of thermal and mechanical equipment of
electric power stations and heating networks, technical operation of electrical
installations of the consumers that led to the condition threatening with an accident,
environmental pollution, fire or dangerous for a life of a service personnel, as well as
violation of established energy consumption regimes that entailed restrictions and (or)
cutoff of other energy consumers, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of fifty five, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices.
Article 301. Violation of a term for receipt of the
readiness certificate
1. Violation of a term for receipt of readiness certificate for conduct of works
in autumn and winter conditions by energy producing and energy transmission
organizations, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of
large entrepreneurship – in amount of three hundred monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second
time within a year after imposition of administrative infraction, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of five hundred monthly calculation indices.
Article 302. Damage of electric networks 1. Damage of electric networks with a voltage up to 1000 (overhead transmission
lines, underground and underwater cable lines, transformation and converting
substations, distributing gears and switching centres), shall –
entail a fine on individuals in amount of eight, on subjects of small
entrepreneurship or non-profit organizations – in amount of fifteen, on subjects of
medium entrepreneurship – in amount of twenty five, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices.
2. Damage of electric networks with a voltage over 1000 (overhead transmission
lines, underground and underwater cable lines, transformation and converting
substations, distributing gears and switching centres), shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of seventy monthly calculation indices.
3. The action provided by a part one of this Article that caused suspension in
supplying electric energy of consumers and that inflicted damage, and equally committed
repeatedly second time within a year, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of seventy five, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices.
4. The action provided by a part two of this Article that caused suspension in
supplying electric energy of consumers and that inflicted damage, and equally committed
repeatedly second time within a year, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship or non-profit organizations – in amount of ninety, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of two hundred fifty monthly calculation indices.
Article 303. Breach of the legislation of the Republic of
Kazakhstan in the field of supporting use of renewable
energy sources
1. Non-fulfillment and (or) improper fulfillment of the obligation established by
the legislative ac of the Republic of Kazakhstan on supporting use of renewable energy
sources to purchase electric, heating energy produced by energy producing organizations
using renewable energy sources, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of one thousand five hundred monthly calculation indices.
2. Breach of the legislation of the Republic of Kazakhstan in the field of
supporting use of renewable energy sources committed in the form of violation of the
procedure and terms for determination of the nearest point of connection to electric or
heating networks and connection of the objects on use of renewable energy sources, shall
–
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of one thousand five hundred monthly calculation indices.
3. Acts provided by parts one and two of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of three hundred, on subjects of large
entrepreneurship – in amount of two thousand monthly calculation indices.
Article 304. Damage of heating networks
Damage of heating networks (pipelines and their constructions, channels, heating
cameras, pumping stations), if this act did not entail harm to human health and
environment, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Article 305. Performance of works in protective zones
of electric and heating network lines, objects of
gas supply systems
Performance of construction, assembling, ground, cargo-handling operations,
prospecting works linked with arrangement of well sites and surface holes, construction
of sites, automobile transport parkings, allocation of markets, storage of materials,
construction of barriers and fences, discharge and drain of caustic corrosive substances
and fuel and lubrication materials in protective zones of electric and heating network
lines, objects of gas supply systems without coordination with the organization, the
jurisdiction of which includes electric or heating networks or objects of the gas supply
systems, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Article 306. Violation of requirements on use of gas, safety
operation of the objects of gas supply systems 1. Violation of requirements on safety operation of has consuming systems and gas
equipment of domestic and household consumers established by the legislation of the
Republic of Kazakhstan on gas and gas supply, shall –
entail a fine on individuals in amount of seven, on subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of fifteen, on subjects of large entrepreneurship – in amount of twenty monthly
calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of administrative infraction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of thirty monthly
calculation indices.
3. Unwarranted resumption of supplying commercial or liquefied petroleum gas to
the gas consuming system, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
4. Violation of requirements on safety operation of the objects of gas supply
systems, with the exception of has consuming systems and gas equipment of domestic and
household consumers established by the legislation of the Republic of Kazakhstan, shall
–
entail a fine on subjects of small entrepreneurship in amount of twenty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
5. Action provided by a part four of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
Article 307. Failure to take measures for ensuring of the
preparation of a reserve fuel facility
Failure to take measures for ensuring of the preparation to work provided for
industrial and (or) household consumers of a reserve fuel facility or failure to prepare
gas consuming systems of industrial and (or) household consumers to work on established
reserve fuel types, shall –
entail a notification or fine in amount of twenty monthly calculation indices.
Article 308. Damage of oil and gas pipelines and
their equipment
1. Damage of oil and gas pipelines and their equipment or illegal installation,
movement, connection to the network of appliances, as well as other violations of the
rules of their operation that might be a cause of the accident, if these actions do not
contain the signs of a criminally punishable act, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
2. Acts provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative infraction, shall –
entail a fine on individuals in amount of twenty five, on subjects of small
entrepreneurship – in amount of thirty five, on subjects of medium entrepreneurship – in
amount of forty five, on subjects of large entrepreneurship – in amount of fifty five
monthly calculation indices.
Article 309. Damage of territories upon performance of
construction and repair works Excavation of yards and squares without the relevant permission, blocking by
construction materials, failure to take measures for cleaning the places of excavations,
as well as construction sites after completing the construction and repair, shall –
entail a notification or fine on individuals in amount of ten, on subjects of
small entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship –
in amount of twenty five, on subjects of large entrepreneurship – in amount of one
hundred monthly calculation indices.
Chapter 19. ADMINISTRATIVE INFRACTIONS IN THE FIELD
OF SPACE ACTIVITY
Article 310. Breach of the legislation of the Republic
of Kazakhstan in the field of space activity
1. Breach of the legislation of the Republic of Kazakhstan in the field of space
activity, committed in the form of:
1) realization of a project in the field of space activity, for which there is no
favourable conclusion of industry examination in the field of the space activity;
2) launch of a space object from the territory of the Republic of Kazakhstan, as
well as beyond its boundaries in case of its carrying out by a participant of the space
activity from Kazakhstan without the favourable decision of the Government of the
Republic of Kazakhstan on launch of the space object;
3) avoidance from the state registration of the space object;
4) creation of a direct threatening to human life and health;
5) use of the space technology and (or) stellar bodies for negative impact on the
environment;
6) violation of international rules and standards on the space pollution, shall –
entail a fine on individuals in amount of fifty, on civil servants – in amount of
one hundred, on subjects of small entrepreneurship – in amount of one hundred seventy
five, on subjects of medium entrepreneurship – in amount of three hundred five, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices, with suspension of the license validity term for the right to carry out the
activity in the scope of using space for six months or without such.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative infraction, shall –
entail deprivation of the license.
Article 311. Violation of the rules for creation and operation
(application) of space systems in a territory of the Republic
of Kazakhstan, and equally in the space
1. Violation of the rules for creation and operation (application) of space
systems in a territory of the Republic of Kazakhstan, as well as in the space, expressed
in operation of the space system, the results of which led to excess of the maximum
allowed values of exposure of hazardous and harmful factors of industrial activity on
operating personnel, population, space system, relating objects, environment and near-
Earth space, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices, with suspension of the license validity term for the right
to carry out the activity in the scope of using space for six months or without such.
2. Non-elimination of the violations that entailed bringing to administrative
infraction provided by a part one of this Article, upon expiry of the term for
suspension of the license validity term for the right to carry out the activity in the
scope of using space, shall –
entail deprivation of the license.
Chapter 20. ADMINISTRATIVE INFRACTIONS IN THE SCOPES
OF ARCHITECTURAL, TOWN PLANNING, BUILDING ACTIVITY
AND HOUSING RELATIONS
Footnote. Title of Chapter 20 is in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced upon expiry of ten calendar
days after the date of its first official publication).
Article 312. Performance of pre-project, survey, project,
construction and assembling works, production and application
of construction materials, details and structures with
violation of requirements of the legislation and state
regulations in the scope of architectural and
construction activity
1. Performance of pre-project, survey, project, construction and assembling works,
production and application of construction materials, details and structures with
violation of requirements of the legislation and state regulations in the scope of
architectural and construction activity, shall –
entail a fine on civil servants in amount of sixty, on subjects of small
entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of four hundred, on subjects of large entrepreneurship – in amount of seven
hundred monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time within a year after imposition of administrative infraction, shall –
entail a fine on civil servants in amount of one hundred twenty, on subjects of
small entrepreneurship – in amount of four hundred, on subjects of medium
entrepreneurship – in amount of eight hundred, on subjects of large entrepreneurship –
in amount of one thousand four hundred monthly calculation indices with deprivation of
the license for the relevant type of activity.
Article 313. Violation of requirements of the approved
construction standards and project documents upon performance
of construction and assembling and repair and restoration works 1. Violation of requirements of the approved construction standards and project
documents upon performance of construction and assembling and repair and restoration
works that entailed degradation of operating characteristics, reduction of strength,
sustainability of buildings, structures, their parts or separate construction elements,
shall –
entail a fine on civil servants in amount of forty, on subjects of small
entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of four hundred, on subjects of large entrepreneurship – in amount of seven
hundred monthly calculation indices, with suspension of the licence validity term.
2. Commission of actions mentioned in a part one of this Article that entailed
loss of strength, sustainability of buildings, structures, their parts or separate
construction elements, shall –
entail a fine on civil servants in amount of eighty, on subjects of small
entrepreneurship – in amount of four hundred, on subjects of medium entrepreneurship –
in amount of eight hundred, on subjects of large entrepreneurship – in amount of one
thousand four hundred monthly calculation indices, with deprivation of the licence for
the relevant type of activity.
Performance of construction, construction and assembling, repair and restoration
works upon erection and reconstruction of the objects without the project documentation
approved in established manner
1. Performance of construction, construction and assembling, repair and
restoration works upon erection and reconstruction of the objects without the project
documentation approved in established manner, shall –
entail a fine on civil servants in amount of forty, on subjects of small
entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of four hundred, on subjects of large entrepreneurship – in amount of seven
hundred monthly calculation indices with suspension of performed works.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative infraction, shall –
entail a fine on civil servants in amount of eighty, on subjects of small
entrepreneurship – in amount of four hundred, on subjects of medium entrepreneurship –
in amount of eight hundred, on subjects of large entrepreneurship – in amount of one
thousand two hundred monthly calculation indices, with deprivation of the license and
suspension of performed works.
Article 315. Violation of the rules of preparing executive
technical documentation provided by regulatory documents upon
performance of construction and assembling, repair and
restoration works on erection and reconstruction of objects,
production of construction materials, products and structures
Violation of the rules of preparing executive technical documentation provided by
regulatory documents upon performance of construction and assembling, repair and
restoration works on erection and reconstruction of objects, production of construction
materials, products and structures, shall –
entail a notification or fine on civil servants in amount of ten, on subjects of
small entrepreneurship – in amount of twenty five, on subjects of medium
entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount
of one hundred monthly calculation indices.
Article 316. Construction (reconstruction, restoration,
extension, technical re-equipping, modernization, capital
repair) of objects and their complexes without project (design
and estimate) documentation or according to project (design and
estimate) documentation that did not undergo examination
in established manner
1. Construction (reconstruction, restoration, extension, technical re-equipping,
modernization, capital repair) of objects and their complexes without project (design
and estimate) documentation or according to project (design and estimate) documentation
that did not undergo examination in established manner, on which its undergoing is
required, shall –
entail a fine on individuals in amount of one hundred twenty, on civil servants –
in amount of one hundred sixty, on subjects of small entrepreneurship or non-profit
organizations – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of three hundred eighty, on subjects of large entrepreneurship – in amount of
five hundred eighty monthly calculation indices.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, and equally non-elimination
of a violation provided by a part one of this Article that entailed bringing to
administrative liability, shall –
entail a fine on individuals in amount of one hundred sixty, on civil servants –
in amount of two hundred, on subjects of small entrepreneurship or non-profit
organizations – in amount of three hundred, on subjects of medium entrepreneurship – in
amount of six hundred, on subjects of large entrepreneurship – in amount of one thousand
monthly calculation indices.
Article 317. Breach of the legislation of the Republic
of Kazakhstan upon performance of expert works
and engineering services 1. Admission of non-conformance of performed (performing) construction and
assembling works to approved project decisions by persons carrying out designer
supervision, shall –
entail a fine on individuals in amount of two hundred monthly calculation indices
with suspension of the validity term of expert certificate for the right to conduct
designer supervision for the term up to six months.
2. Issuance of a favourable conclusion of the examination (expert estimation) for
the project (design and estimate) documentation by the persons carrying out the projects
examination, that does not conform to requirements of the legislation of the Republic of
Kazakhstan and that does not ensure sustainability, reliability and strength of the
built objects or the objects under construction, shall –
entail a fine on individuals in amount of two hundred monthly calculation indices
with suspension of the validity term of expert certificate for the right to carry out
examination of the projects for the term up to six months.
3. Admission of violations by the persons carrying out technical supervision at
the stage of realization of the project including the quality, terms, acceptance of
performed works and putting of the object into operation, shall –
entail a fine on individuals in amount of two hundred monthly calculation indices
with suspension of the validity term of expert certificate for the right to carry out
technical supervision for the term up to six months.
4. Actions (omission) provided by parts one, two and three of this Article
committed repeatedly second time within a year after imposition of administrative
sanction, shall –
entail a fine on individuals in amount of four hundred monthly calculation indices
with deprivation of the expert certificate for the relevant type of servicing and
specialization and with prohibition of the activity for the right to carry out expert
works and engineering services for the term up to three years.
Footnote. Article 317 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).
Article 318. Violation of established order of acceptance and
putting of objects and complexes into operation
Violation of established order of acceptance and putting of objects and complexes
into operation with violations of requirements of the state standards in the scope of
architectural and construction activity, shall –
entail a fine on individuals, civil servants in amount of fifty, on subjects of
small entrepreneurship or non-profit organizations – in amount of one hundred twenty, on
subjects of medium entrepreneurship – in amount of two hundred twenty, on subjects of
large entrepreneurship – in amount of six hundred fifty monthly calculation indices.
Footnote. Article 318 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).
Article 319. Illegal construction Illegal construction of industrial, residential, economic, hydrotechnical
(hydroeconomic) or domestic objects without the relevant right to land, shall –
entail a fine on individuals in amount of fifteen, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of two hundred monthly calculation indices with compulsory demolition of the
built structure or structure under construction on a legal basis or without such.
Article 320. Violation of requirements of the legislative act
of the Republic of Kazakhstan on participatory interest in
housing construction and in the scope of housing relations
Footnote. Title of Article 320 is in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced upon expiry of ten calendar
days after the date of its first official publication).
1. Violation of requirements of the legislative act of the Republic of Kazakhstan
on participatory interest in housing construction by a tenant builder, project company
to the information content on the tenant builder, project company and on construction
object, as well as procedure for its distribution or distribution of inaccurate,
incomplete or misleading information by the tenant builder, project company, shall –
entail a fine on legal entities in amount of three monthly calculation indices.
2. Non-representation of details and reporting provided by the Laws of the
Republic of Kazakhstan by a tenant builder, project company to the local executive body
of oblast, city of republican significance, the capital or representation of inaccurate
details and reporting by them, shall –
entail a fine on legal entities in amount of three hundred monthly calculation
indices.
3. Actions (omission) provided by parts one and two of this Article committed
repeatedly second time by a tenant builder repeatedly second time within a year after
imposition of administrative sanction, shall –
entail a fine on legal entities in amount of four hundred monthly calculation
indices.
4. Actions (omission) provided by parts one and two of this Article committed
repeatedly second time by a project company repeatedly second time within a year after
imposition of administrative sanction, and equally non-elimination of the violations
provided by parts one and two of this Article that entailed bringing to administrative
liability shall –
entail suspension of the licence validity term for activity on organizing
construction of residential buildings on account of attracting money of the interest
holders for the term up to three months.
5. Violation of the terms for opening of current and (or) saving accounts on the
condominium object by the managing body of condominium object in the second-tier banks
in the cases provided by the housing legislation, shall –
entail a notification.
6. Violation of the terms for representing a quarterly report on management of the
condominium object by the managing body of condominium object, shall –
entail a notification.
7. Action (omission) provided by parts five and six of this Article committed
repeatedly second time within a year after imposition of administrative sanction, shall
–
entail a fine on individuals in amount of ten, on legal entities – in amount of
twenty monthly calculation indices.
Footnote. Article 320 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 321. Execution of construction without accompanying
of technical and designer supervision
Execution of construction without accompanying of technical and designer
supervision, shall –
entail a fine on individuals in amount of forty, on civil servants in amount of
one hundred sixty, on subjects of small entrepreneurship or non-profit organizations –
in amount of two hundred, on subjects of medium entrepreneurship – in amount of three
hundred, on subjects of large entrepreneurship – in amount of five hundred fifty monthly
calculation indices.
Article 322. Illegal re-equipment and replanning of premises
1. Illegal re-equipment and replanning of the residential and non-residential
premises in existing buildings without the architectural and construction project and
the relevant decision of structural subdivisions of local executive bodies carrying out
the functions in the scope of architecture and town-planning, shall –
entail a fine on individuals in amount of fifteen, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of forty five, on
subjects of medium entrepreneurship – in amount of seventy five, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices.
2. The same actions that entailed or might entail full loss of strength and
sustainability (destruction) of the building, shall –
entail a fine on individuals in amount of forty, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of ninety, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices.
Note.
1. The administrative infraction in the field of construction shall be regarded as
non-compliance with compulsory requirements, construction standards and rules, with the
exception of technical regulations, projects, other regulatory acts upon town-planning
development of territories, designing, construction, reconstruction, restoration,
modernization, capital repair and capital improvement of the objects and complexes
entailing reduction and loss of strength, sustainability, reliability of buildings,
structures, constructions, their parts or separate structural elements, degradation of
operating characteristics of the objects under construction, negative impact on
environment, as well as the actions violating the established legal organizational order
of construction of the objects and their acceptance for operation.
2. The strength shall be regarded as capability of a material, structure, product,
their interface nodes, foundation soil of a building and construction to resist the
calculated values of loads and forces without being destroyed.
3. Sustainability shall be regarded as capability of a building, construction to
preserve a status of stable balance under the influence of calculated forces and loads.
4. The reliability shall be regarded as capability of a building, construction,
its engineering systems, load carrying and cladding structures to perform the functions
determined by the values of regulated properties.
5. The project works shall be regarded as the works on pre-project (justification
of investments in construction, feasibility study) and project (project, working project
and other types of projects) documentation for construction, extension, reconstruction,
technical re-equipping, capital repair and other types of works of buildings and
structures.
Article 323. Operation of objects and complexes that are not
put into operation in established manner Operation (residence, rendering of services, production of products for the
purpose of acquisition of incomes) of the objects, complexes or their separate parts
being completed in construction but that are not put into operation in established
manner, shall –
entail a fine n individuals in amount of ten, on civil servants, subjects of small
entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices.
Chapter 21. ADMINISTRATIVE INFRACTION IN THE FIELD OF
ENVIRONMENTAL PROTECTION, USE OF NATURAL RESOURCES
Article 324. Violation of sanitary epidemiological and
environmental requirements on environmental protection
1. Violation of the standards of sanitary and epidemiological, and environmental
requirements, as well as hygienic standards on protection of environment, with the
exception of the cases provided by Article 416 of this Code, shall –
entail a notification or fine on individuals in amount of ten, on civil servants,
subjects of small entrepreneurship – in amount of fifteen, on subjects of medium
entrepreneurship – in amount of twenty monthly calculation indices, on subjects of large
entrepreneurship – in amount of a size of the damage inflicted to environment.
2. Giving of instructions or permissions by civil servants for overstating or
understating established standards of sanitary epidemiological and environmental
requirements on environmental protection, shall –
entail a fine in amount of twenty five monthly calculation indices.
Article 325. Violation of requirements of conducting
industrial environmental control
Violation of requirements of industrial environmental control, shall –
entail a fine on individuals in amount of twenty five, on civil servants, subjects
of small entrepreneurship – in amount of sixty, on subjects of medium entrepreneurship –
in amount of one hundred, on subjects of large entrepreneurship – in amount of two
hundred monthly calculation indices.
Article 326. Non-fulfillment of conditions of environmental
management stated in environmental permit
1. Non-fulfillment of conditions of environmental management stated in
environmental permit, shall –
entail a fine on civil servants in amount of fifteen, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on civil servants in amount of thirty, on subjects of small
entrepreneurship – in amount of sixty, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of five hundred
monthly calculation indices.
3. Actions provided by a part one of this Article linked with infliction of
especially heavy damage to environment, with creation of a threatening to the safety of
life and health of population, shall –
entail a fine on civil servants in amount of thirty, on subjects of small
entrepreneurship – in amount of sixty, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of five hundred
monthly calculation indices, with suspension of the validity term of the environmental
permit or without such.
4. Non-elimination of the violations by individuals and legal entities on which
the validity term of the environmental permit is suspended, shall –
entail deprivation of the environmental permit.
Note. In case if the environmental permit is issued to a user of natural resources
for several industrial objects, the validity term of environmental permit shall be
deprived in respect of the object on which the user of natural resources admitted non-
fulfillment of conditions of natural management.
Article 327. Non-notification on industrial release and
emission of polluting substances above permitted
standards, disposal of wastes Non-notification or notification of distorted information to the bodies carrying
out control and supervision of environmental protection and execution of the
environmental and sanitary epidemiological legislation on industrial release and
emission of polluting substances above permitted standards, disposal of wastes and other
hazardous emergency impacts on environment, shall –
entail a fine in amount of twenty five monthly calculation indices.
Article 328. Excess of the standards for environmental
emission established in environmental permit,
or absence of environmental permit Excess of the standards for environmental emission established in a project
documentation and (or) in environmental permit, or absence of environmental permit, if
these actions do not contain the signs of a criminally punishable act, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty monthly calculation indices, on subjects of large entrepreneurship – in
amount of one thousand percent of the rates of charge for environmental emission for
exceeded volume of emissions.
Article 329. Excess of established volume of the quota
for greenhouse gas emissions Excess of established volume of the quota for greenhouse gas emissions, shall –
entail a fine on legal entities in amount of five monthly calculation indices for
each unit of the quota in excess of the established volume not compensated by units of
the quotas acquired from other users of natural resources, and (or) by carbonic units
received in a result of realization of the projects in accordance with the legislation
of the Republic of Kazakhstan.
Article 330. Representation of inaccurate information on
inventory of greenhouse gases, verification and validation
(determination) by independent accredited organizations Representation of inaccurate information on inventory of greenhouse gases,
verification and validation (determination) by independent accredited organizations,
shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
fifty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects
of large entrepreneurship – in amount of five hundred monthly calculation indices, with
suspension of the validity term of the accreditation certificate.
Article 331. Violation of the operating rules, as well as
non-use of equipment for clearance of atmospheric emissions
and discharge of sewage waters
Violation of the operating rules, as well as non-use of equipment for clearance of
atmospheric emissions and discharge of sewage waters, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium
entrepreneurship – in amount of seventy, on subjects of large entrepreneurship – in
amount of two hundred fifty monthly calculation indices.
Article 332. Failure to perform the requirements of the
legislation on compulsory conduct of the state
environmental examination
Failure to perform the requirements of the legislation on compulsory conduct of
the state environmental examination or the requirements contained in a conclusion of the
state environmental examination, and equally financing of projects and programs that did
not undergo environmental examination, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of five hundred
monthly calculation indices.
Article 333. Release for operation of transport and other
movable vehicles with excess of the normative levels of the
content of polluting substances in emissions
1. Release for operation of automobiles, planes, vessels and other movable
vehicles and units the content of polluting substances in emissions of which, as well as
noise pollution level made by them during working are in excess of established
standards, shall –
entail a fine on civil servants, subjects of small entrepreneurship or non-profit
organizations in amount of twenty, on subjects of medium entrepreneurship – in amount of
forty, on subjects of large entrepreneurship – in amount of one hundred monthly
calculation indices.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative infraction, shall –
entail a fine on civil servants, subjects of small entrepreneurship or non-profit
organizations in amount of forty, on subjects of medium entrepreneurship – in amount of
eighty, on subjects of large entrepreneurship – in amount of five hundred monthly
calculation indices, with suspension or prohibition of the activity of without such.
Article 334. Operation of engine and other movable vehicles
with excess of the normative levels of the content
of polluting substances in emissions
1. Operation of engine and other movable vehicles and units by individuals the
content of polluting substances in emissions of which, as well as noise pollution level
made by them during working are in excess of established standards, shall –
entail a notification or fine on individuals in amount of two monthly calculation
indices.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative infraction, shall –
entail a fine on individuals in amount of five monthly calculation indices.
Article 335. Breach of the legislation on protection
of atmospheric air
1. Acceptance of new and reconstructed enterprises, structures and other objects
for operation that do not conform to the requirements on protection of atmospheric air,
shall –
entail a fine in amount of thirty monthly calculation indices.
2. Operation of new and reconstructed enterprises, structures and other objects
that do not conform to requirements on protection of atmospheric air, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of thirty, on subjects of medium entrepreneurship – in amount of sixty, on
subjects of large entrepreneurship – in amount of one hundred monthly calculation
indices.
Article 336. Non-compliance with requirements on protection of
atmospheric air and fire security upon warehousing and burning
of industrial and household wastes Violation of the rules for warehousing of industrial and household wastes, non-
compliance with requirements on protection of atmospheric air and fire security upon
burning of the mentioned wastes, shall –
entail a notification or fine on individuals in amount of three, on civil servants
– in amount of twenty, on subjects of small entrepreneurship or non-profit organizations
– in amount of forty, on subjects of medium entrepreneurship – in amount of seventy, on
subjects of large entrepreneurship – in amount of one hundred twenty monthly calculation
indices.
Article 337. Land degradation
1. Destruction or illegal depleting of rich soil layers for the purpose of selling
or its transferring to other persons, with the exception of cases when such depleting is
required for prevention of irretrievable loss of the rich soil layer, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty monthly calculation indices, on subjects of
large entrepreneurship – in amount of a size of damage inflicted to environment.
2. Intoxication, pollution or another degradation of lands by hazardous products
of economic or another activity due to violation of the rules for handling with toxic
chemicals, manures, plant growth stimulants and other hazardous chemical, biological and
radioactive substances upon their storage, use or transportation, and equally
contamination by bacterial and parasitic, or similar hazardous organisms, but that did
not entail infliction of the harm to human health or environment, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty five, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of two hundred monthly calculation indices.
Article 338. Irrational use or non-use of agricultural lands
Irrational use or non-use of agricultural lands, shall –
entail a notification or fine on individuals in amount of ten, on subjects of
small entrepreneurship or non-profit organizations – in amount of forty, on subjects of
medium entrepreneurship – in amount of seventy, on subjects of large entrepreneurship –
in amount of two hundred monthly calculation indices.
Article 339. Non-fulfillment of obligations by owners of
land fields and land users on use of the land fields
1. Non-fulfillment of obligations by owners of land fields and land users on use
of the land fields expressed in:
1) use of the lands not in designated purposes;
2) non-carrying out of the measures on land protection provided by the legislative
act in the field of land relations, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative infraction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of sixty monthly
calculation indices.
Article 340. Non-fulfillment of obligations on bringing the
temporary occupied lands to condition being suitable for the
further use in designated purposes
Non-fulfillment of obligations on bringing the temporary occupied lands to
condition being suitable for the further use in designated purposes, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship or non-profit organizations – in amount of ten, on subjects of
medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship –
in amount of one hundred ten monthly calculation indices.
Article 341. Concealment of information on existence of the
land fields for housing construction, the special land fund
Concealment of information on existence of the land fields for constructing
individual residential houses, the special land fund, its distortion, unreasonable
refusal in allocation of land fields, shall –
entail a fine on civil servants of local executive bodies in amount of ten monthly
calculation indices.
Article 342. Distortion of details of the state registration,
accounting and appraisal of lands
Intended distortion of the details of the state registration, accounting and
appraisal of lands, shall –
entail a fine on civil servants in amount of twenty monthly calculation indices.
Article 343. Breach of the legislation of the Republic of
Kazakhstan in the field of geodesy and cartography
1. Carrying out of geodesic and cartographic works in the absence of:
own or leased set of gaged tools, equipment and instruments enabling to perform
geodetic and (or) cartographic works, or contract for services with the organization
having the set of gaged tools, equipment, instruments with specification of the factory
numbers;
a specialist on the staff having higher or post-secondary education in the scope
of geodesy and (or) cartography, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship or non-profit organizations – in amount of sixty, on subjects of medium
entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in
amount of two hundred ten monthly calculation indices.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices.
Article 344. Violation of requirements to handling with wastes
of production and consumption, discharge of sewage waters Violation of requirements to handling with wastes of production and consumption,
discharge of sewage waters, shall –
entail a notification or fine on individuals in amount of ten, on subjects of
small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of thirty monthly calculation indices, on subjects
of large entrepreneurship – in amount of a size of damage inflicted to environment.
Article 345. Violations of rules on rational and
complex subsoil use
Violation of rules on rational and complex subsoil use upon conduct of operations
on subsoil use, shall –
entail a fine on subjects of small entrepreneurship in amount of thirty, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
Article 346. Non-observance with indices of project documents
for conducting operations on subsoil use, with the
exception of raw hydrocarbons
Non-observance with indices of project documents for conducting operations on
subsoil use, with the exception of raw hydrocarbons, shall –
entail a fine on subjects of small entrepreneurship in amount of thirty, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
Article 347. Violation of environmental standards and rules
upon using subsoil and processing of mineral raw materials
1. Violation of environmental standards and rules upon using subsoil and
processing of mineral raw materials, if this action did not entail infliction of
essential harm, shall –
entail a notification.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative infraction, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty monthly calculation indices, on subjects of large entrepreneurship – in
amount of a size of damage inflicted to environment.
Article 348. Performance of works on extraction of mineral
reserves without conduct of the state examination
Performance of works on extraction of mineral reserves without conduct of the
state examination, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 349. Distortion of primary and state reporting
on accounting of extraction and processing of mineral
raw materials
Distortion of primary and state reporting on accounting of extraction and
processing of mineral raw materials, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 350. Non-ensuring of trustworthy accounting of main and
imbedded mineral reserves being extracted and depleted together
with them in subsoil and associated components, as well as
products after processing of mineral raw materials and wastes
of production upon development of the deposits
Non-ensuring of trustworthy accounting of main and imbedded mineral reserves being
extracted and depleted together with them in subsoil and associated components, as well
as products after processing of mineral raw materials and wastes of production upon
development of the deposits, shall –
entail a fine in amount of twenty five monthly calculation indices.
Article 351. Violation of the rules of accounting, utilization
and deactivation of wastes of production and consumption
Violation of the rules of accounting, utilization and deactivation of wastes of
production and consumption, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship
– in amount of two hundred monthly calculation indices.
Article 352. Violation of requirements on bringing of mine
working and bore wells to the condition ensuring their
reservation and safety of population Loss of surveying documentation, violation of requirements on bringing of the
liquidated or conserved mine workings and bore wells to the condition ensuring safety of
population, as well as requirements on reservation of the mine workings and bore wells
for the period of conservation, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
twenty, on subjects of medium entrepreneurship – in amount of thirty, on subjects of
large entrepreneurship – in amount of one hundred monthly calculation indices.
Article 353. Violation of requirements on liquidation and
conservation of the objects of subsoil use Violation of requirements on liquidation and conservation of the objects of
subsoil use, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on
subjects of large entrepreneurship – in amount of one hundred fifty monthly calculation
indices.
Article 354. Refusal or avoidance from representation of
information to the state control bodies of subsoil
protection on use of mineral raw materials
Refusal or avoidance from representation of timely, full and trustworthy
information to the state control bodies of subsoil protection on condition of using the
subsoil, extracted and processed mineral raw materials, shall –
entail a fine on subjects of small entrepreneurship in amountof six, on subjects
of medium entrepreneurship – in amount of ten, on subjects of large entrepreneurship –
in amount of forty monthly calculation indices.
Article 355. Giving of instructions or permissions by civil
servants entailing breach of the legislation of the
Republic of Kazakhstan on subsoil and subsoil use
Giving of instructions or permissions by civil servants entailing breach of the
legislation of the Republic of Kazakhstan on subsoil and subsoil use, shall –
entail a fine in amount of twenty five monthly calculation indices.
Article 356. Violation of the rules for conducting petroleum
operations and works on subsoil use
Footnote. Title of Article 356 is in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced upon expiry of ten calendar
days after the date of its first official publication).
1. Violation of the rules for conduct of operations on subsoil use, as well as
conditions of contracts of subsoil use, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of sixty five, on subjects of medium entrepreneurship – in amount of one hundred,
on subjects of large entrepreneurship – in amount of one hundred fifty monthly
calculation indices.
2. Failure to perform the environmental requirements and conditions of a contract
of subsoil use on the issues of environmental protection, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of sixty five, on subjects of medium entrepreneurship – in amount of one hundred,
on subjects of large entrepreneurship – in amount of one hundred fifty monthly
calculation indices.
3. Violation of conditions for conduct of petroleum operations provided by the
legislation of the Republic of Kazakhstan on subsoil and subsoil use, as well as
violation of requirements of the projects of prospecting, appraisal works and project
documents for performance of the works on extraction, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
fifty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects
of large entrepreneurship – in amount of one thousand monthly calculation indices.
4. Conduct of prospecting, appraisal works and works on extraction without the
project of prospecting works, project of appraisal works and project document for
performance of works on extraction approved in the established manner, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred
fifty, on subjects of medium entrepreneurship – in amount of five hundred, on subjects
of large entrepreneurship – in amount of two thousand monthly calculation indices.
5. Burning of accompanying and (or) natural gas without permission or without
compliance with conditions of permission of the authorized body in the field of oil and
gas, with the exception of the cases of threatening or occurrence of accident
situations, threat to life of the staff or health of population and environment, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred
fifty, on subjects of medium entrepreneurship – in amount of five hundred, on subjects
of large entrepreneurship – in amount of two thousand monthly calculation indices.
6. performance of works by a subsoil user on extraction of raw hydrocarbons
without utilization and (or) processing of accompanying and (or) natural gas, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred
fifty, on subjects of medium entrepreneurship – in amount of five hundred, on subjects
of large entrepreneurship – in amount of two thousand monthly calculation indices.
7. Deviation from the project documentation approved in the established manner
upon construction of necessary field facilities and other infrastructure facilities
required for extraction, preparation, storage and transportation of the hydrocarbons
from the place of extraction and storage to the place of transshipment to the main
pipelines and (or) by other type of transport, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred
fifty, on subjects of medium entrepreneurship – in amount of five hundred, on subjects
of large entrepreneurship – in amount of two thousand monthly calculation indices.
8. Operation of wells with violation of requirements established by the
legislation, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
fifty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects
of large entrepreneurship – in amount of one thousand monthly calculation indices.
9. Conduct of petroleum operations at sea without permission, with the exception
of cases provided by the Law of the Republic of Kazakhstan “On subsoil and subsoil use”
or without compliance with the conditions of the authorized body in the field of oil and
gas, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred
fifty, on subjects of medium entrepreneurship – in amount of five hundred, on subjects
of large entrepreneurship – in amount of two thousand monthly calculation indices.
10. Violation of the procedure for conduct of marine scientific researches, shall
–
entail a fine on subjects of small entrepreneurship in amount of one hundred
fifty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects
of large entrepreneurship – in amount of five hundred monthly calculation indices.
11. Absence of the approved plan of organizing prevention and liquidation of oil
spills of the subsoil user carrying out petroleum operations at sea, individual or legal
entity carrying out the activity at sea linked with the oil spill risk at the sea, shall
–
entail a fine on individuals in amount of one hundred fifty, on subjects of small
entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of four hundred, on subjects of large entrepreneurship – in amount of two
thousand monthly calculation indices.
12. Conduct of petroleum operations at sea without own materials and equipment
required for liquidation of the consequences of oil spills at sea of the first and
second levels, or concluded contract with the specialized organization, shall –
entail a fine on individuals in amount of one hundred fifty, on subjects of small
entrepreneurship – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of four hundred, on subjects of large entrepreneurship – in amount of two
thousand monthly calculation indices.
13. The act provided by a part eight of this Article committed repeatedly second
time within a year after imposition of administrative infraction, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred
fifty, on subjects of medium entrepreneurship – in amount of five hundred, on subjects
of large entrepreneurship – in amount of two thousand monthly calculation indices.
14. Acts provided by parts four, five, six and nine of this Article committed
repeatedly second time within a year after imposition of administrative sanction, shall
–
entail suspension or prohibition of the activity or separate types of activity.
Footnote. Article 336 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 357. Registration of illegal transactions
on environmental management Registration of knowingly illegal transactions on environmental management,
corruption of state accounting data and state cadastres of natural resources, and
equally intended decrease of payment for use of the natural resources, environmental
pollution, protection and reproduction of the natural resources, if these actions are
committed from lucrative or other personal interest by a civil servant with the use of
own official position, shall –
entail a fine in amount of five hundred monthly calculation indices or
administrative arrest up to thirty days.
Article 358. Violation of rules for protection of
water resources
1. Putting of enterprises, household and other objects into operation without the
structures and devices preventing pollution and water clogging or their adverse effect,
shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on
subjects of large entrepreneurship – in amount of one hundred monthly calculation
indices.
2. Non-conduct of hydrotechnical, technological, forest improvement, sanitary and
other measures ensuring protection of waters from pollution, clogging and depletion, as
well as improvement of the state of water administration, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of twenty five, on subjects of medium entrepreneurship – in amount of seventy, on
subjects of large entrepreneurship – in amount of one hundred monthly calculation
indices.
Article 359. Damage to water facilities, devices and
fire-fighting water supply systems, violation of rules
for their operation 1. Damage to water facilities and devices, metering instruments for accounting of
consumption and discharge of water, as well as fire-fighting water supply systems, shall
–
entail a fine on individuals in amount of ten, on civil servants – in amount of
twenty five monthly calculation indices.
2. Violation of the rules for operation of water facilities and devices, shall –
entail a fine on civil servants in amount of twenty monthly calculation indices.
Article 360. Illegal construction on water protection zones
and belts of water objects
1. Illegal construction of buildings, structures and other objects on water
protection zones and belts, as well as illegal change of a natural bed of river, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship or non-profit organizations – in amount of forty five, on subjects of
medium entrepreneurship – in amount of seventy, on subjects of large entrepreneurship –
in amount of two hundred fifty monthly calculation indices with compulsory demolition of
illegally constructed building or the building being under construction.
2. Illegal drilling of wells on water and construction of ground water intakes,
shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium
entrepreneurship – in amount of fifty five, on subjects of large entrepreneurship – in
amount of one hundred fifty monthly calculation indices.
Article 361. Violation of rules for maintenance of a primary
accounting of waters and their use Violation of rules for maintenance of a primary accounting of waters and their
use, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of thirty, on subjects of medium entrepreneurship – in amount of fifty, on
subjects of large entrepreneurship – in amount of one hundred monthly calculation
indices.
Article 362. Distortion of accounting data and reporting
of water resources Distortion of accounting data and reporting of water cadastre, schedules of
complex use and protection of water resources, as well as their non-representation
within the terms established by the legislation of the Republic of Kazakhstan, shall –
entail a fine on civil servants, subjects of small entrepreneurship or non-profit
organizations in amount of twenty, on subjects of medium entrepreneurship – in amount of
thirty, on subjects of large entrepreneurship – in amount of one hundred monthly
calculation indices.
Article 363. Impeding of regulation of water resources Impeding of regulation of water resources in behalf of their complex use, ecology
and water apportioning, shall –
entail a fine on individuals in amount of ten, on civil servants – in amount of
twenty monthly calculation indices.
Article 364. Violation of rules of general water use
1. Violation of rules of general water use committed in the form of:
1) swimming, water intake for drinking and household needs,livestock watering,
driving on small size vessels and other floating crafts in prohibited places;
2) restriction of the access of population to water objects of general use by
individuals and legal entities by installation of fences, points of protection,
prohibitory signs, shall –
entail a notification on individuals and legal entities.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of two, on subjects of small
entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of twenty five, on subjects of large entrepreneurship – in
amount of sixty monthly calculation indices.
Article 365. Violation of established water servitudes
1. Violation of established water servitudes, shall –
entail a fine on individuals and legal entities.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative infraction, shall –
entail a fine on individuals in amount of two, on subjects of small
entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of twenty five, on subjects of large entrepreneurship – in
amount of sixty monthly calculation indices.
Article 366. Illegal grubbing, construction of buildings, wood
processing, arrangement of warehouses on forest fund lands Illegal grubbing, construction of buildings, wood processing, arrangement of
warehouses on forest fund lands, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship or non-profit organizations – in amount of ten, on subjects of
medium entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship –
in amount of fifty monthly calculation indices.
Article 367. Violation of requirements of fire security
and sanitary rules in forests
1. Violation of requirements of fire security and sanitary rules in forests, shall
–
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship –
in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
fifty monthly calculation indices.
2. The same act that entailed fire development, infliction of the harm of human
health and environment, if this action did not heavy damage, shall –
entail a fine on individuals in amount of twenty five, on civil servants, subjects
of small entrepreneurship – in amount of forty five, on subjects of medium
entrepreneurship – in amount of seventy, on subjects of large entrepreneurship – in
amount of two hundred fifty monthly calculation indices.
3. Actions provided by parts one and two of this Article committed repeatedly
second time on especially protected natural areas, shall –
entail a fine on individuals in amount of one hundred, on civil servants, subjects
of small entrepreneurship – in amount of two hundred fifty, on subjects of medium
entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship – in
amount of one thousand five hundred monthly calculation indices.
Article 368. Violation of the established procedure for use
of cutting area fund, procurement and transportation of wood,
extraction of soft resin and timber saps,
secondary forest materials 1. Violation of the established procedure for use of cutting area fund,
procurement and transportation of wood, extraction of soft resin and timber saps,
secondary forest materials, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
2. The same action committed on especially protected natural areas, shall –
entail a notification or fine on individuals in amount of ten, on subjects of
small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship –
in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Article 369. Violation of terms for return of temporary
occupied fields of the forest fund and especially
protected natural areas
1. Violation of terms for return of temporary occupied fields of the state forest
fund and non-fulfillment of obligations on bringing to the state being suitable for use
according to designated purpose, shall –
entail a notification or fine on individuals in amount of three, on subjects of
small entrepreneurship or non-profit organizations – in amount of fifteen, on subjects
of medium entrepreneurship – in amount of twenty five, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
2. The same action committed on especially protected natural areas, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of two hundred monthly calculation indices.
Article 370. Damage of hayfields and grazing areas, as well as
illegal haying and grazing of livestock, gathering of medical
plants and technical raw materials on lands of the forest fund 1. Damage of hayfields and grazing areas on lands of the forest fund, shall –
entail a notification or fine on individuals in amount of two monthly calculation
indices.
2. Illegal haying and grazing of livestock in forests and on lands of the forest
fund, shall –
entail a notification or fine on individuals in amount of three monthly
calculation indices.
3. Illegal gathering of medical plants and technical raw materials at the fields
where it is prohibited or allowed only on forestry cards, shall –
entail a notification or fine on individuals in amount of three monthly
calculation indices.
4. Actions provided by parts one, two and three of this Article committed on
especially protected natural areas, shall –
entail a fine on individuals in amount of twenty monthly calculation indices.
Article 371. Violation of procedure and terms of forest
invasions and other categories of lands of the forest fund
designed for forest restoration and forest planting
Violation of procedure and terms of forest invasions and other categories of lands
of the forest fund designed for forest restoration and forest planting, shall –
entail a notification or fine on civil servants in amount of ten monthly
calculation indices.
Article 372. Destruction or damage of forest fauna, as well
as damage, clogging of forests by wastes, chemical substances
and other infliction of damage to the forest fund lands
1. Destruction or damage of forest fauna, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in
amount of two hundred fifty monthly calculation indices.
2. Damage of forest by waste waters, chemical substances, industrial and domestic
emissions and wastes entailing its drying or disease, or clogging of forest, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty five, on subjects of
medium entrepreneurship – in amount of seventy, on subjects of large entrepreneurship –
in amount of four hundred monthly calculation indices.
3. Destruction or damage of forest drainage ditches, drainage systems and roads on
the forest fund lands, shall –
entail a fine on individuals in amount of five monthly calculation indices.
4. Actions provided by parts one, two and three of this Article committed on
especially protected natural areas, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of fifty five, on subjects of
medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of five hundred monthly calculation indices.
Article 373. Carrying out forest uses not in accordance with
the purposes or requirements provided by permitting documents
1. Carrying out forest uses not in accordance with the purposes or requirements
provided by permitting documents, shall –
entail a fine on individuals in amount of three, on subjects of small
entrepreneurship – in amount of five, on subjects of medium entrepreneurship – in amount
of ten, on subjects of large entrepreneurship – in amount of forty monthly calculation
indices.
2. The same action committed on the especially protected natural areas, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Article 374. Construction and operation of objects that lead
to adverse effect on condition and reproduction of forests
1. Construction and operation of objects that lead to adverse effect on condition
and reproduction of forests, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of fifteen, on subjects of large entrepreneurship – in amount of one hundred monthly
calculation indices.
2. The same actions committed on especially protected natural areas, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of thirty five, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of four hundred
monthly calculation indices.
Article 375. Violation of established procedure for withdrawal
and assessment of wood cutting areas Violation of established procedure for withdrawal and assessment of wood cutting
areas, shall –
entail a notification or fine on civil servants in amount of ten monthly
calculation indices.
Article 376. Admission of wood processing in amounts exceeding
the rated wood cutting areas Admission of wood processing in amounts exceeding the rated wood cutting areas,
shall –
entail a fine on civil servants in amount of three hundred monthly calculation
indices.
Article 377. Illegal transportation, storage and application of
pesticides (toxic chemicals) and other preparations
1. Illegal transportation, storage and application of pesticides (toxic chemicals)
and other preparations that entailed or might entail to environmental pollution or
infliction of harm to animal world with the exception of cases provided by article 416
of this Code, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship or non-profit organizations – in amount of twenty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
2. The same actions committed on especially protected natural areas, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship or non-profit organizations – in amount of fifty, on subjects of medium
entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in
amount of two hundred monthly calculation indices.
Article 378. Violation of rules for protection of the growth
places of plants and live environment of animals, rules for
creation, storage, accounting and use of zoological
collections, and equally illegal resettlement, acclimatization,
reacclimatization and crossing of animals
1. Violation of rules for protection of the growth places of plants and live
environment of animals, conditions for multiplication, migration paths and concentration
of animals, rules for creation, storage, accounting and use of zoological and botanical
collections, and equally illegal resettlement, acclimatization, reacclimatization and
crossing of animals, shall –
entail a notification or fine on individuals in amount of eight, on civil
servants, subjects of small entrepreneurship – in amount of fourteen, on subjects of
medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship –
in amount of sixty monthly calculation indices.
2. the same actions committed on especially protected natural areas, shall –
entail a notification or fine on individuals in amount of fifteen, on civil
servants, subjects of small entrepreneurship – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices.
Article 379. Violation of protective measures of the plants and
animals upon placement, designing and construction of the
inhabited localities, enterprises and other objects, upon
carrying out of industrial processes and operation of the
transport vehicles, application of protective measures of the
plants, mineral manures of other preparations
Violation of protective measures of the plants and animals upon placement,
designing and construction of the inhabited localities, enterprises and other objects,
upon carrying out of industrial processes and operation of the transport vehicles,
application of protective measures of the plants, mineral manures of other preparations,
with the exception of cases provided by Article 416 of this Code, shall –
entail a notification or fine on individuals in amount of eight, on civil
servants, subjects of small entrepreneurship or non-profit organizations – in amount of
fourteen, on subjects of medium entrepreneurship – in amount of twenty, on subjects of
large entrepreneurship – in amount of seventy monthly calculation indices.
Article 380. Violation of the procedure for arrival of individuals on
separate types of the especially protected natural areas Arrival of individuals without special permission and outside the allocated places
for visiting in the territories of the state wildlife preservations, state national
natural parks, state natural reserves, state natural parks, shall –
entail a notification or fine in amount of two monthly calculation indices.
Article 381. Damage or destruction of objects of selective
and genetic purpose
Damage or destruction of objects of selective and genetic purpose: plus trees,
archived clones of plus trees, provenance trial plantations, test crops of populations
and hybrids, trees and bushes on forest seed orchards, trees and bushes on permanent
seed plantations, trees and bushes in plus stands, shall –
entail a notification or fine on individuals in amount of ten, on civil servants,
subjects of small entrepreneurship or non-profit organizations – in amount of forty, on
subjects of medium entrepreneurship – in amount of seventy, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices.
Article 382. Violation of requirements of using animal world
and hunting rules 1. Violation of requirements of using animal world and (or) hunting rules that
does not contain signs of a criminally punishable act, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship – in amount of twenty five, on subjects of medium
entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount
of one hundred monthly calculation indices.
2. The same violation provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of sixty five, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices or deprivation of the right to hunt for the term up to two
years, with confiscation of the instruments for acquisition of animals, transport
vehicles and other subjects that are the instruments for commission of mentioned
violation.
3. Action provided by a part one of this Article committed on especially
prohibited natural areas, shall –
entail a fine on individuals in amount of seventy, on subjects of small
entrepreneurship – in amount of one hundred ten, on subjects of medium entrepreneurship
– in amount of one hundred fifty, on subjects of large entrepreneurship – in amount of
one thousand monthly calculation indices or deprivation of the right to hunt for the
term up to two years, with confiscation of the subjects and (or) instrument of the
administrative infraction.
Article 383. Violation of rules for fishing and protection
of fish resources and other shell-fish 1. Violation of rules for fishing, as well as rules for carrying out of the other
types of using fish resources and other shell-fish that does not contain the signs of a
criminally punishable act, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of fifty, on subjects of medium entrepreneurship – in
amount of seventy, on subjects of large entrepreneurship – in amount of one hundred
fifty monthly calculation indices.
3. Gross violation of the rules for fishing, with the exception of amateur (sport)
fishing during the prohibited terms by prohibited instruments or methods at the
prohibited places, as well as the rules for carrying out the other types of using fish
resources and the other shell-fish that does not contain the signs of a criminally
punishable act, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of sixty, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred
fifty monthly calculation indices, with confiscation of the subjects and (or) instrument
of the administrative infraction or without such.
4. Action provided by a part three of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of forty, on subjects of small
entrepreneurship – in amount of eighty, on subjects of medium entrepreneurship – in
amount of one hundred twenty, on subjects of large entrepreneurship – in amount of three
hundred monthly calculation indices, with confiscation of the subjects and (or)
instrument of the administrative infraction or without such.
5. Water intake from fishery water bodies without installation of the special
tools for prevention from appearing of fish in water intake facilities, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of seventy, on subjects of large entrepreneurship – in amount of one hundred
fifty monthly calculation indices.
Article 384. Violation of requirements of the legislation in
the field of protection, reproduction and use of fish
resources and other shell-fish Violation of requirements of the legislation in the field of protection,
reproduction and use of the fish resources and other shell-fish, if this action does not
contain the signs of a criminally punishable act committed in the form of:
1) admission of discharging the hazardous substances exceeding established
standards;
2) failure to provide the structures and devices of new and reconstructed objects
preventing the adverse effect, pollution and clogging of waters;
3) use of livestock farms and other industrial complexes that do not have disposal
facilities and sanitary-protective zones;
4) use of the structures and devices for transportation and storage of oil,
chemical and other products without their equipping by the means for preventing water
pollution;
5) applying the toxic chemicals, manures on a water-producing area of water
objects;
6) discharge and burial of the radioactive and toxic substances into water
objects;
7) discharge of sewage waters of industrial, food objects into water objects that
do not have the disposal facilities and that do not ensure effective treatment in
accordance with the standards;
8) applying the equipment and technology on water objects and water facilities
representing a threat to environment;
9) discharge of solid, industrial, household and other wastes and their burial
into water objects;
10) clogging of the water-producing areas of water objects, ice sheets of water
objects, ice streams by solid, industrial, household and other wastes, the washing of
which entails quality degradation of the surface water objects, shall –
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship –
in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Article 385. Violation of rules for conduct of hunting 1. Violation of rules for conduct of hunting, if this action does not contain the
signs of a criminally punishable act committed in the form of:
1) illegal restriction of visiting the hunting areas;
2) applying prohibited types, methods and duration for hunting;
3) non-ensuring of organizing protection, reproduction and use of animal world on
the allocated hunting areas and fishery waters, shall –
entail a fine on individuals in amount of three, on civil servants – in amount of
twenty monthly calculation indices.
2. Action provided by a part one of this Article committed three and more times
within one year after imposition of administrative sanction, if this action does not
contain the signs of a criminally punishable act, shall –
entail a fine on individuals in amount of five, on civil servants, subjects of
small entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship –
in amount of forty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices, or deprivation of the right to conduct hunting.
Article 386. Violation of rules for maintenance and protection
of green plantings
Violation of rules for maintenance and protection of green plantings established
by the local representative bodies of oblasts, city of republican significance and the
capital, shall –
entail a notification or fine on individuals in amount of fifteen, on subjects of
small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of one hundred fifty monthly calculation indices.
Article 387. Untimely clearing the felling site from the
felling wastes, clogging of glades and territories adjoining
to cutting areas
1. Untimely clearing the felling site from the felling wastes, clogging of glades
and territories adjoining to cutting areas, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship – in amount of twelve, on subjects of medium entrepreneurship –
in amount of twenty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
2. The same actions committed on especially protected natural areas, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of twenty five, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of eighty monthly
calculation indices.
Article 388. Violation of procedure and terms for
development of cutting areas
1. Violation of procedure and terms for development of cutting areas, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship – in amount of twelve, on subjects of medium entrepreneurship –
in amount of twenty five, on subjects of large entrepreneurship – in amount of fifty
monthly calculation indices.
2. The same actions committed on especially protected natural areas, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of thirty five, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of one hundred fifty
monthly calculation indices.
Article 389. Illegal acquisition, sale, transit, entry,
outflow, storage (management) of species of wild animal and
plants, their parts and derivatives 1. Illegal acquisition, sale, transit, entry, outflow, storage (management) of
species of wild animal and plants, their parts and derivatives, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of seventy monthly
calculation indices, with confiscation of the species of wild animals and plants and
their products.
2. Actions provided by a part one of this Article committed repeatedly second time
within one year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of sixty, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of one hundred
forty monthly calculation indices, with confiscation of the species of wild animals and
plants and their products.
Article 390. Violation of procedure for issuance and use of the
issued permissions for using the animal world 1. Violation of procedure for issuance of permission for using the animal world,
shall –
entail a fine on civil servants in amount of twenty five monthly calculation
indices.
2. Violation of the issued permissions for using the animal world that is
expressed in illegal seizure of the age-sex group (in case of indication), terms for
seizure, territory and borders of a field of supposed seizure, methods for seizure
(catching, killing, gathering) of the wild animals from environmental conditions, if
this action does not contain the signs of a criminally punishable act, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of twelve, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
Article 391. Illegal change of conditions of the granted
licence, and equally violation of the approved procedure for
conduct of petroleum operations at sea Illegal change of conditions of the granted licence, and equally violation of the
approved procedure for conduct of petroleum operations at sea, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices.
Article 392. Carrying out of petroleum operations at sea
creating an obstacle and inflicting damage to marine
navigation, fishing
1. Carrying out of petroleum operations at sea creating an obstacle and inflicting
damage to marine navigation, fishing, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices.
2. Unwarranted placement of underwater cables or pipelines in a territory of the
Republic of Kazakhstan or their laying on a continental shelve of the Republic of
Kazakhstan that may entail to damage of the mineral deposits, inflict harm to life or
health of humans, inflict damage to living resources, marine flora and fauna or create
interference to the other legal types of activity on the continental shelve of the
Republic of Kazakhstan, if these actions do not contain the signs of a criminally
punishable act, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices.
3. Actions provided by parts one or two of this Article committed repeatedly
second time within a year after imposition of administrative infraction, shall –
entail a fine on subjects of small entrepreneurship in amount of seventy five, on
subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of
large entrepreneurship – in amount of two hundred monthly calculation indices, with
confiscation of the vessel and tools of committing infraction or without such.
Article 393. Violation of rules for conduct of the marine
scientific researches on a continental shelve of the
Republic of Kazakhstan 1. Violation of rules for conduct of the marine scientific researches provided by
the permission or international treaties of the Republic of Kazakhstan that created or
might create the interferences to legal types of activity on a continental shelve of the
Republic of Kazakhstan, or illegal change of a program of the marine scientific
researches on the continental shelve of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of forty five, on subjects of medium entrepreneurship – in
amount of seventy five, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of seventy, on subjects of medium entrepreneurship – in
amount of one hundred fifty, on subjects of large entrepreneurship – in amount of two
hundred monthly calculation indices.
Article 394. Violation of rules for burial of wastes and
other materials, as well as the rules for conservation and
disassembling on a continental shelve of the
Republic of Kazakhstan 1. Violation of rules for burial of vessels and other floating crafts, flight
vehicles, artificial islands, installations and structures, wastes and other materials,
as well as the rules for conservation and disassembling provided by the international
treaties ratified by the Republic of Kazakhstan that may lead to the damage of mineral
deposits, inflict harm to life or health of humans, inflict damage to biological
resources, marine flora and fauna or create interferences to the other legal types of
activity on a continental shelve of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of forty five, on subjects of medium entrepreneurship – in
amount of seventy five, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of ninety, on subjects of medium entrepreneurship – in
amount of one hundred monthly calculation indices, on subjects of large entrepreneurship
– in amount of the size of damage inflicted to environment.
Article 395. Failure to perform the legal requirements of civil
servants of the bodies for protection of a continental shelve
of the Republic of Kazakhstan
1. Failure to perform the legal requirements of civil servants of the bodies for
protection of a continental shelve of the Republic of Kazakhstan, as well as impeding to
exercising the powers by these civil servants imposed on them, including inspection of a
vessel, shall –
entail a fine in amount of seventy of monthly calculation indices.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine in amount of one hundred fifty monthly calculation indices with
confiscation of the vessel and tools of committing infraction, as well as received
results of researches or without such.
Article 396. Illegal transfer of mineral and biological
resources of a continental shelve, territorial waters (seas)
and internal waters of the Republic of Kazakhstan 1. Illegal transfer of mineral and biological resources of a continental shelve,
territorial waters (seas) and internal waters of the Republic of Kazakhstan to foreign
persons, legal entities created in accordance with the legislation of another state, or
to foreign states, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of one hundred
percent of the costs of illegally transferred mineral and biological resources.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of twenty five, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of two hundred
percent of the costs of illegally transferred mineral and biological resources with
confiscation of the vessel and tools of committing the infraction, as well as received
results of researches or without such.
Article 397. Breach of the legislation on environmental audit
1. Failure to perform the requirements of the legislation on conduct of compulsory
environmental audit, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of twenty five, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices.
2. Drawing up of the knowingly inaccurate environmental audit report by
environmental auditors (environmental audit organizations), shall –
entail a fine on individuals in amount of seventy, on subjects of small
entrepreneurship – in amount of one hundred sixty, on subjects of medium
entrepreneurship – in amount of two hundred fifty, on subjects of large entrepreneurship
– in amount of seven hundred monthly calculation indices.
3. Representation of the knowingly inaccurate or incomplete information by
inspected person in the course of conducting environmental audit that entailed to
drawing up of inaccurate environmental audit report, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations –
in amount of two hundred fifty, on subjects of medium entrepreneurship – in amount of
four hundred, on subjects of large entrepreneurship – in amount of seven hundred monthly
calculation indices.
4. Action provided by a part two of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of one hundred, on subjects of medium
entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship – in
amount of one thousand monthly calculation indices, with deprivation of the license for
the right to carry out environmental audit activity.
Article 398. Sale of caviar marked with violation of the
procedure for marking, or unmarked caviar of sturgeon
species of fishes 1. Sale of caviar marked with violation of the procedure for marking, or unmarked
caviar of sturgeon species of fishes, shall –
entail a fine on individuals in amount of thirty five, on subjects of small
entrepreneurship – in amount of sixty, on subjects of medium entrepreneurship – in
amount of ninety, on subjects of large entrepreneurship – in amount of one hundred
twenty monthly calculation indices, with confiscation of the caviar, marked with
violation of procedure for marking, or caviar sold without marking.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of seventy, on subjects of small
entrepreneurship – in amount of one hundred fifteen, on subjects of medium
entrepreneurship – in amount of one hundred sixty, on subjects of large entrepreneurship
– in amount of two hundred twenty monthly calculation indices, with confiscation of the
caviar, marked with violation of procedure for marking, or caviar sold without marking.
Article 399. Representation of invalid data by individuals and
legal entities performing works and rendering the services in
the field of environmental protection
1. Representation of invalid data by individuals and legal entities performing
works and rendering the services in the field of environmental protection upon
development of emission standards, measures on environmental protection, programs of
industrial environmental control and reports on them, shall –
entail a fine on subjects of small entrepreneurship in amount of sixty five, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred twenty monthly calculation indices, with
suspension of the licence validity term or without such.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred sixty
five, on subjects of medium entrepreneurship – in amount of two hundred fifty, on
subjects of large entrepreneurship – in amount of three hundred twenty monthly
calculation indices, with suspension of the licence validity term or without such.
3. Commission of actions provided by parts one and two of this Article that
entailed infliction of a heavy damage to environment or committed more than three times,
if these actions do not contain the signs of a criminally punishable act, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred
sixty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects
of large entrepreneurship – in amount of three hundred fifty monthly calculation
indices, with deprivation of the license.
Chapter 22. ADMINISTRATIVE INFRACTIONS IN THE FIELD OF
PROTECTION AND QUARANTINE OF PLANTS, GRAIN MARKET AND
STORAGE OF GRAIN, COTTON INDUSTRY, SEED PRODUCTION AND
STATE VETERINARY- SANITARY CONTROL AND SUPERVISION AND
LIVESTOCK BREEDING, AS WELL AS FORMATION AND USE OF
REGIONAL STABILIZATION FUNDS OF FOOD COMMODITIES
Article 400. Breach of the legislation of the Republic of
Kazakhstan in the field of quarantine of plants 1. Violation of phytosanitary requirements to entered quarantineable products and
conduct of the phytosanitary measures committed in the form of:
1) entry of the quarantineable products into the territory of the Republic of
Kazakhstan that do not conform to phytosanitary requirements submitted to the entered
quarantineable products;
2) entry of a batch of quarantineable products of the high phytosanitary risk into
the territory of the Republic of Kazakhstan without the phytosanitary certificate of the
national quarantine service of exporting country;
3) entry of a batch of quarantineable products of the high phytosanitary risk into
the territory of the Republic of Kazakhstan without the re-export phytosanitary
certificate of the national quarantine service of exporting country;
4) carrying out of transfer of the imported quarantineable products through the
territory of the Republic of Kazakhstan with violation of phytosanitary requirements of
the Republic of Kazakhstan;
5) non-representation of the quarantineable products for survey;
6) non-conduct of the annual preventive decontamination of storage capacities in
which the storage or processing of the quarantineable products is carried out;
7) use of the planting or seed material before obtainment of the results of a
laboratory examination;
8) non-compliance with conditions for storage of the imported planting or seed
material before obtainment of the results of a laboratory examination;
9) use of grain, grain legume, oil-producing crops entered into the territory of
the Republic of Kazakhstan for the seeding purposes for use in accordance with
industrial, feed and technical purposes;
10) non-conduct of clearing the transport vehicles after transferring the imported
quarantineable products, as well as the quarantineable products from the quarantine
zones with compulsory destruction of wastes;
11) re-shipping of the quarantineable products on passage or point of destination
without permission of the authorized body;
12) non-representation of the entered quarantineable products for the secondary
quarantine examination at the point of its destination;
13) use of the seed or planting material for sowing obstructed by quarantine
undesirable plants;
14) carrying out of storage or clearance of the quarantineable products procured
in a zone of spreading the quarantine objects from the quarantineable products, procured
in the zone being free from quarantine objects;
15) non-ensuring of a systematical inspection of sowings, territories, warehouses,
the activity of which is linked with production, procurement, processing, storage,
transportation and sale of the quarantineable products;
16) carrying out of inter-oblast transportations of the quarantineable products
without the quarantine certificate, shall –
entail a fine on individuals in amount of twenty, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices.
2. Breach of the legislation of the Republic of Kazakhstan in the field of
quarantine of plants upon entry, interstate transportations and upon selling the
quarantineable products committed in the form of:
1) entry of the quarantineable products into the territory of the Republic of
Kazakhstan, as well as transport vehicles contaminated by quarantine objects and alien
species;
2) violation of prohibitions or restrictions for entry of the quarantineable
products into the Republic of Kazakhstan;
3) sale of the quarantineable products by quarantine objects;
4) re-shipping of the quarantineable products exported from the quarantine zone of
the Republic of Kazakhstan on passage;
5) transportation of mites, nematodes and living insects entered for the
scientifically research purposes at the same time with the grain, grain legume,
feedstuff, oil-producing, technical crops and their products after processing, fruits,
vegetables, fruits and potato, planting or seed material, cuts of natural flowers and
potted plants, wood, wrapping and support materials;
6) violation of prohibitions or restrictions for export of the quarantineable
products contaminated by quarantine objects from the quarantine phytosanitary zone,
shall –
entail a fine on individuals in amount of twenty, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices, with confiscation of the
quarantineable products in case of impossibility of its decontamination and processing.
3. Untimely or improper maintenance of the accounting of spreading the quarantine
objects or untimely or improper organization of the measures on quarantine of the plants
on the objects of the state control and supervision in the field of quarantine of
plants, shall –
entail a fine on civil servants I amount of thirty monthly calculation indices.
4. Action (omission) provided by a part three of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on civil servants in amount of sixty monthly calculation indices.
Footnote. Article 400 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 401. Breach of the legislation of the Republic
of Kazakhstan on grain
1. Sale of grain upon export and import without the relevant passport of quality
of grain, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of fifteen, on subjects of large entrepreneurship – in amount of one hundred fifty
monthly calculation indices.
2. Dispatch of any quantity of grain by cereal receiving points storing grain of
the state resources, and (or) export of grain by transport organizations without
preliminary coordination with the authorized body, shall –
entail a fine on subjects of medium entrepreneurship in amount of one hundred
fifty, on subjects of large entrepreneurship – in amount of two hundred monthly
calculation indices.
3. Violation of the rules for quantitative and qualitative keeping accounting of
grain by cereal receiving points; issuance, circulation and redemption of grain receipts
committed in the form of:
1) improper registration of grain coming into cereal receiving points;
2) improper registration of clearance, drying of grain;
3) improper registration of discharging grain;
4) improper keeping of the book of qualitative and quantitative accounting of
grain;
5) incorrect metering of the control physical weight of grain;
6) non-compliance with the term for issuance of the grain receipt;
7) incorrect maintenance of a register of the grain receipt;
8) violation of the procedure for transferring the rights on a warehouse warrant;
9) non-compliance with the term for redemption of the grain receipt;
10) violation of the terms for storing the grain receipts, shall –
entail a fine on subjects of medium entrepreneurship in amount of two hundred, on
subjects of large entrepreneurship – in amount of three hundred monthly calculation
indices.
4. Carrying out of the activity by a cereal receiving point that does not relate
to rendering of the services on warehouse activity with the issuance of the grain
receipts, with the exception of the activity permitted by the Law of the Republic of
Kazakhstan “On grain”, issuance of warrants and (or) representation of own property in
pledge under commitments of third parties, shall –
entail a fine on subjects of medium entrepreneurship in amount of one hundred
twenty, on subjects of large entrepreneurship – in amount of three hundred monthly
calculation indices with suspension of the licence validity term.
5. Systematical (two and more times within six sequential calendar months)
distortion of the quantitative and qualitative indices of grain by cereal receiving
points upon condition of their documentary proof, shall –
entail a fine on subjects of medium entrepreneurship in amount of two hundred, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices, with suspension of the license validity term.
6. Alienation of basic funds by a cereal receiving point without which the
carrying out of the activity on rendering of services on warehouse activity with
issuance of the grain receipts becomes completely impossible or essentially impaired,
shall –
entail a fine on subjects of medium entrepreneurship in amount of one hundred
twenty, on subjects of large entrepreneurship – in amount of three hundred monthly
calculation indices, with the suspension of the license validity term.
7. Failure to eliminate the violations that entailed bringing to administrative
liability provided by parts four, five, six of this Article upon expiry of suspension of
the license validity term, shall –
entail a fine on subjects of medium entrepreneurship in amount of two hundred
fifty, on subjects of large entrepreneurship – in amount of five hundred fifty monthly
calculation indices, with the deprivation of the license.
8. Inappropriate use of grain of the state selling and state stabilization grain
resources by grain processing organizations sold to them by an agent for the purpose of
regulation of internal market, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred fifty monthly calculation indices.
9. Non-fulfillment of the obligation on formation of the state resources of grain
by domestic grain producers, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of five hundred monthly calculation indices.
10. Breach of the legislation of the Republic of Kazakhstan on grain by members of
a commission on temporary management or temporary administration during the period of
temporary management of a cereal receiving point, shall –
entail a fine on individuals, subjects of small entrepreneurship in amount of
fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of
large entrepreneurship – in amount of five hundred monthly calculation indices.
11. Failure to comply with the procedure for storing grain by cereal receiving
points, as well as with the measures ensuring their quantitative and qualitative
preservation, non-ensuring of grain sampling by its owner in established manner; non-
ensuring of receipt, storage and dispatch of grain of the state grain resources in a
priority (primary) manner, shall –
entail a fine on subjects of medium entrepreneurship in amount of one hundred, on
subjects of large entrepreneurship – in amount of one hundred monthly calculation
indices.
Article 402. Violations upon carrying out of entrepreneurial
activity and rendering of services in the field
of seed production
1. Carrying out activity on production, sale, storage, transportation and use of
seeds with the breach of the legislation of the Republic of Kazakhstan in the field of
seed production committed in the form of:
1) use of the seeds of agricultural plants being contaminated by quarantine
objects for sowing (planting);
2) use of the seeds of agricultural plants for sowing (planting) if the seeds
belong to the variety that did not pass the state crop variety testing;
3) use of the seeds of agricultural plants for sowing (planting) if the seeds
belong to the variety that is not included into the State register of selection
achievements admitted for use in the Republic of Kazakhstan or recognized unpromising in
the Republic of Kazakhstan;
4) use of the seeds for sowing (planting) in attested elite-seed and seed
production that do not conform to variety and sowing qualities;
5) use of the seeds for sowing (planting) that did not undergo the examination of
the seeds’ sowing qualities;
6) sale and use of the seeds for sowing (planting) that do not conform to the
requirements of technical regulations;
7) violation of the procedure and terms for conducting strain renovation and
variety changing;
8) failure to acquire original seeds of the varieties and parental forms of
hybrids for ensuring of producing elite seeds for the purpose of their further sale;
9) failure to keep accounting of a quantity, origin of the seeds sold and used for
own purposes, their varietal and sowing qualities;
10) failure to create insurance and financial funds of the seeds of agricultural
plants on account of own funds, shall –
entail a notification or fine on individuals in amount of ten, on subjects of
small entrepreneurship – in amount of seventeen, on subjects of medium entrepreneurship
– in amount of twenty five, on subjects of large entrepreneurship – in amount of fifty
monthly calculation indices.
2. Violation of the examination of varietal and sowing seed qualities by
approbators, experts of seeds and attested legal entities rendering the services on
conduct of approbation of the varietal sowings of agricultural plants, shall –
entail a notification or fine on individuals in amount of ten, on legal entities –
in amount of two hundred monthly calculation indices.
3. Violation of the qualifying requirements submitted to the activity in the field
of seed production by attested individuals and legal entities, as well as approbators
and experts of seeds, shall –
entail a notification or fine on individuals in amount of twenty, on subjects of
small entrepreneurship – in amount of thirty five, on subjects of medium
entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in amount
of two hundred monthly calculation indices.
4. Actions provided by a part three of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of fifty monthly calculation indices, on
attested persons – deprivation of the attestation certificate certifying the right of
subjects to carrying out of the activity in the field of seed production.
5. Untimely conduct of attestation, re-attestation of the subjects of seed
production, shall –
entail a fine on civil servants in amount of twenty monthly calculation indices.
Footnote. Article 402 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 403. Breach of the legislation of the Republic
of Kazakhstan on protection of plants
1. Non-representation, and equally untimely representation of phytosanitary
reporting, shall –
entail a fine on individuals in amount of five, on individuals, subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of fifteen, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
2. Conduct of phytosanitary monitoring and phytosanitary measures on the objects
of phytosanitary control that entailed development and spreading of hazardous organisms
with a number more than economic harmfulness threshold, shall –
entail a fine on individuals in amount of five, on civil servants, subjects of
small entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in
amount of fifteen, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
3. Failure to conduct pesticide (toxic chemicals) detoxification and maintenance,
support of the special storages (burial grounds) in improper state, committed in the
form of:
1) absence of the special storages (burial grounds) for pesticide (toxic
chemicals) detoxification and their containers;
2) absence of the methods and technology of pesticide (toxic chemicals)
detoxification that become unfit for use and their containers, pesticide (toxic
chemicals) developed and provided by the suppliers (producers, importers, sellers);
3) storage of pesticide (toxic chemicals) of the first hazard class that become
unfit for the following intended use, in the capacities that do not ensure airtightness
and not excepting a possibility of polluting by environmental pesticides (toxic
chemicals);
4) packing of pesticides (toxic chemicals) of the second hazard class in
multilayered container made of polymer materials without the special inserts (depending
on specific of the pesticide (toxic chemican( �
5) repacking of pesticides (toxic chemicals) with the damaged integrity of the
package;
6) absence of the high temperature installations ensuring decay of burned
compounds to the non-toxic (unhazardous) substances at the places determined in
accordance with the legislation by the state bodies of environmental control and
sanitary-epidemiological welfare of population for destruction of paper or wooden
container of the pesticides (toxic chemicals) by burning;
7) absence of the means of mechanization for loading, transfer and discharge of
prohibited pesticides (toxic chemicals) that become unfit for use and their containers,
shall –
entail a fine on individuals in amount of five, on civil servants, subjects of
small entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in
amount of fifteen, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
4. Failure to take measures on construction of the special storages (burial
grounds), shall –
entail a fine on civil servants in amount of ten monthly calculation indices.
5. Action (omission) provided by parts one, two, three and four of this Article
committed repeatedly second time within a year after imposition of administrative
sanction, shall –
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship –
in amount of thirty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Footnote. Article 403 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 404. Breach of the legislation of the Republic of
Kazakhstan on development of cotton industry 1. Violation of the established procedure for accounting and preservation of
documents reflecting performed operations with cotton by cotton processing
organizations, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship
– in amount of seventy monthly calculation indices.
2. Violation of the qualifying requirements submitted to an expert organization,
the rules for conducting a quality examination of cleaned cotton, raw cotton and
issuance of the passport of quality of the cleaned cotton, quality certificate of the
raw cotton committed in the form of:
1) absence of the relevant premises based on the right of ownership or in property
lease for the organoleptic estimation of the cleaned cotton that meets the requirements
of fire and sanitary-epidemiological security;
2) absence of the qualification specialists for a functional and technical
maintenance of the automated test measurement system of the cleaned cotton of high
efficiency (such as HVI) having the relevant special education and work experience no
less than one year on maintenance of the automated test measurement system of the
cleaned cotton of high efficiency (such as HVI);
3) absence of the qualified experts on cotton (appraiser) having the relevant
special education and work experience no less than two years on organoleptic estimation
of quality of the cleaned cotton;
4) absence of technical regulations and regulatory documents on standardization;
5) absence of the specialized automotive transport for a modern delivery of
samples of the cleaned cotton from cotton gin plants;
6) non-conformance to requirements of the premises for storage of samples of the
cleaned cotton;
7) absence or incomplete equipping by a complex of ceramic colour samples,
calibration standards and device for determination of the index of a micronaire, complex
of the standard samples of appearance of the cleaned cotton approved or admitted for use
in the Republic of Kazakhstan;
8) inaccurate drawing up of an act and registration log of samples collection of
the cleaned cotton;
9) violation of the procedure for conduct of the sample collection of the cleaned
cotton;
10) violation of the procedure for conduct of tests of the cleaned cotton;
11) inaccurate drawing up and untimely issuance of the passport of quality of the
cleaned cotton;
12) inaccurate drawing up of the passport of quality of the cleaned cotton in the
form approved by the authorized body;
13) violation of storage life of the cleaned cotton in a laboratory of expert
organization after testing before dispatch of the batch by the owner of the cleaned
cotton;
14) inaccurate and incomplete drawing up of the sample collection act and
registration log of the samples of the cleaned cotton;
15) violation of the procedure for conduct of sample collection of the cleaned
cotton;
16) violation of the procedure for conduct of testing of the cleaned cotton;
17) inaccurate drawing up and untimely issuance of the quality certificate of the
cleaned cotton;
18) non-conformance to requirements of the premises for storing the samples of the
cleaned cotton, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of fifteen, on subjects of large entrepreneurship – in amount of one hundred monthly
calculation indices.
3. Avoidance from participation in a system of guaranteeing the fulfillment of
obligations on cotton receipts, shall –
entail a fine on subjects of small entrepreneurship in amount of twenty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred twenty monthly calculation indices, with
suspension of the license validity term.
4. Non-fulfillment or improper fulfillment of written prescriptions of the local
executive bodies of oblasts, cities of republican significance and the capital on
elimination of detected breaches of the legislation of the Republic of Kazakhstan on
development of the cotton industry within the terms stated in the prescription, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of twenty five, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of one hundred twenty
monthly calculation indices.
5. Carrying out of entrepreneurial activity by a cotton processing organization,
prohibited by the Law of the Republic of Kazakhstan on development of cotton industry,
issuance of the guarantees and (or) provision of own property in pledge under
commitments of the third persons in violation of the requirements of the Law of the
Republic of Kazakhstan on development of cotton industry, as well as alienation of the
basic funds by the cotton processing organization without which the carrying out of the
activity on rendering of services on warehouse activity with the issuance of the cotton
receipts becomes completely impossible or essentially impaired, shall –
entail a fine on subjects of small entrepreneurship in amount of sixty, on
subjects of medium entrepreneurship – in amount of one hundred twenty, on subjects of
large entrepreneurship – in amount of three hundred monthly calculation indices, with
suspension of the licence validity term.
6. Systematical (two and more times within six sequential months) distortion of
the quantitative and qualitative indices of cotton upon applications of the holders of
the cotton receipts upon condition of their documentary confirmation, shall –
entail a fine on subjects of small entrepreneurship in amount of forty, on
subjects of medium entrepreneurship – in amount of eighty, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices, with
suspension of the licence validity term.
7. Provision of knowingly false information by a licensee upon obtainment of the
license, shall –
entail a fine on subjects of small entrepreneurship in amount of fifteen, on
subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of seventy monthly calculation indices, with suspension of
the licence validity term.
8. Breach of the Law of the Republic of Kazakhstan on development of the cotton
industry by the commission members on temporary management or temporary administration
during the period of temporary management by the cotton processing organization, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship – in amount of eighty, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices.
9. Non-elimination of the violations that entailed bringing to administrative
liability provided by parts five, six, seven and eight of this Article, upon expiry of
the term for suspension of the license validity term, shall –
entail deprivation of the license.
Article 405. Violation of requirements of the legislation
of the Republic of Kazakhstan upon formation and use of
the regional stabilization funds of food commodities
1. Inappropriate use of the regional stabilization funds of food commodities,
carrying out of commodity interventions on the products of plant production during the
period of harvesting, as well as non-compliance with the rules for formation and use of
the regional stabilization funds of food commodities, shall –
entail a fine on civil servants in amount of one hundred, on legal entities – in
amount of two hundred monthly calculation indices.
2. Non-compliance with the prices upon procurement of the food commodities into
the regional stabilization fund of food commodities and their sale from the regional
stabilization fund of food commodities, shall –
entail a fine on legal entities in amount of two hundred fifty monthly calculation
indices.
Article 406. Breach of the legislation of the Republic
of Kazakhstan in the field of veterinary medicine
1. Breach of the legislation of the Republic of Kazakhstan in the field of
veterinary medicine committed in the form of:
1) non-compliance with conditions and requirements of the quarantine and
restrictive measures;
2) non-compliance with the veterinary (veterinary and sanitary) rules,
requirements and veterinary standards:
upon placement, construction, reconstruction and putting into operation of the
objects of state veterinary and sanitary control and supervision linked with
maintenance, breeding, use, production, procurement (slaughtering), storage, processing
and sale of the relocated (transferred) objects being subordinated to the state
veterinary and sanitary control and supervision;
upon maintenance, breeding and use of animals, including the animals in zoological
gardens, circuses, at bee gardens, in aquariums;
upon carrying out of the activity on the objects of internal trade; on production
objects carrying out growth of animals, procurement (slaughtering), storage, processing
and sale of animals, products and and raw materials of animal origin; in organization on
production, storage and sale of veterinary preparations, feeding stuff and feed
supplements;
upon carrying out of the transportation (displacement) of the relocated
(transferred) objects in a territory of the Republic of Kazakhstan being subordinated to
the state veterinary and sanitary control and supervision;
3) non-compliance with requirements of the regulatory legal acts on protection of
a territory of the Republic of Kazakhstan from carrying and spreading of contagious and
exotic diseases of animals from other states;
4) non-compliance with conditions and requirements for slaughtering of the live-
stock animals designed for the following selling;
5) carrying out of production, entry (import), sale and applying (use) of
veterinary preparations, feed supplements without their state registration, with the
exception of the cases of production, entry (import) in capacities required for conduct
of their registration tests, shall –
entail a fine on individuals in amount of twenty, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of fifty, on subjects of
medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of forty, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
3. Failure to conduct or improper conduct of veterinary measures, as well as
violation of the terms for their conduct, shall –
entail a fine on individuals in amount of twenty five, on civil servants, subjects
of small entrepreneurship or non-profit organizations – in amount of one hundred twenty
five, on subjects of medium entrepreneurship – in amount of two hundred fifty, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices.
4. Actions (omission) provided by a part three of this Article committed
repeatedly second time within a year after imposition of administrative sanction, shall
–
entail a fine on individuals in amount of fifty, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of two hundred fifty, on
subjects of medium entrepreneurship – in amount of five hundred, on subjects of large
entrepreneurship – in amount of one thousand monthly calculation indices.
5. Non-ensuring of identification of live-stock animals, shall –
entail a fine on civil servants in amount of twenty five monthly calculation
indices.
6. Action (omission) provided by a part five of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on civil servants in amount of fifty monthly calculation indices.
7. Failure to perform the functions by the local executive bodies imposed on them
by the legislation of the Republic of Kazakhstan in the field of veterinary medicine,
shall –
entail a notification on civil servants of the local executive bodies.
8. Action (omission) provided by a part seven of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on civil servants of the local executive bodies in amount of one
hundred monthly calculation indices.
9. Non-notifying the subdivisions of the local executive bodies carrying out the
activity in the field of veterinary medicine, state veterinary organizations created by
the local executive bodies, bodies of the state veterinary and sanitary control and
supervision on:
1) newly acquired animal (animals), received animal yield, its (their)
slaughtering and sale;
2) cases of loss, simultaneous disease of several animals or on their unusual
behavior and failure to take the measures of isolate maintenance of the animals upon
suspicion of disease before arrival of the specialists in the field of veterinary
medicine, state veterinary and sanitary inspectors, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship or non-profit organizations – the fine in amount of twenty five,
on subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
10. Action (omission) provided by a part nine of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship or non-profit organizations – in amount of fifty, on subjects of medium
entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in
amount of two hundred monthly calculation indices.
11. Violation of the procedure for issuance of veterinary documents and
requirements to their forms, shall –
entail a fine on civil servants, subjects of small entrepreneurship – in amount of
twenty five, on subjects of medium entrepreneurship – in amount of fifty, on subjects of
large entrepreneurship – in amount of one hundred monthly calculation indices.
12. Action (omission) provided by a part eleven of this Article committed
repeatedly second time within a year after imposition of administrative sanction, shall
–
entail a fine on civil servants, on subjects of small entrepreneurship – in amount
of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects
of large entrepreneurship – in amount of two hundred monthly calculation indices.
13. Failure to render assistance to the specialists in the fields of veterinary
medicine upon performance of their official duties on conduct of veterinary measures,
shall –
entail a fine on individuals in amount of five, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of twenty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
14. Violation of rules for quarantine of animals, shall –
entail a fine on individuals in amount of five, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of twenty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
15. Violation of the regulatory legal acts on the issues of struggle against
epizootics, as well as other regulatory legal acts in the field of veterinary medicine
that did not entail spreading of the epizootics or other grave consequences, shall –
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of twenty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
16. Actions (omission) provided by parts thirteen, fourteen and fifteen of this
Article committed repeatedly second time within a year after imposition of
administrative sanction, shall –
entail a fine on individuals in amount of twenty, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of fifty, on subjects of
medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
Article 407. Breach of the legislation of the Republic of
Kazakhstan on livestock breeding
1. Breach of the legislation of the Republic of Kazakhstan on livestock breeding
committed in the form of:
1) sale of pedigree products (material) that did not undergo assessment by the
subjects in the field of livestock breeding;
2) sale of pedigree products (material) without issuance of the pedigree
certificate by the subjects in the field of livestock breeding;
3) refusal of the objects in the field of livestock breeding from maintenance of
data accounting and non-representation of reporting;
4) non-execution of the acts of the state inspectors on livestock breeding by the
subjects in the field of livestock breeding;
5) use of the seed and embryos by the subjects in the field of livestock breeding
received from the pedigree animals not registered in the manner established by the
legislation of the Republic of Kazakhstan on livestock breeding;
6) use of the pedigree animals that did not undergo assessment by the subjects in
the field of livestock breeding for the purpose of reproduction of pedigree animals;
7) falsification of the results of assessing pedigree animals by the subjects in
the field of livestock breeding;
8) refusal of individuals and legal entities from representation of data for
pedigree animals acquired on account of the budget funds within the development programs
of livestock breeding for their registration in the state register of pedigree animals;
9) violation of the procedure for use of pedigree animals by individuals and legal
entities, acquired for the purpose of breeding on account of the budget funds within the
development programs of livestock breeding, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
2. Non-compliance with the obligations established by the Law of the Republic of
Kazakhstan “On livestock breeding” by individuals and legal entities carrying out the
activity in the field of livestock breeding subjected to notification, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices, with suspension of the activity on subjects in the field of
livestock breeding or without such.
3. Actions (omission) provided by parts one and two of this Article committed
repeatedly second time within a year after imposition of administrative sanction, and
equally failure to eliminate the violations provided by parts one and two of this
Article that entailed bringing to administrative liability, shall –
entail prohibition of the activity in the field of livestock breeding.
Article 408. Violation of rules for maintenance and walking
of dogs and cats, rules for catching and destruction
of stray dogs and cats 1. Violation of rules for maintenance and walking of dogs and cats, rules for
catching and destruction of stray dogs and cats in cities and other inhabited
localities, established by the local representative bodies of oblasts, cities of
republican significance and the capital, shall –
entail a notification or fine in amount of three monthly calculation indices.
2. The same actions that entailed infliction of harm to health or property of
individuals, shall –
entail a fine in amount of ten monthly calculation indices.
Chapter 23. ADMINISTRATIVE INFRACTIONS IN THE FIELD OF
EDUCATION, PHYSICAL TRAINING AND SPORT
Footnote. Title of Chapter 23 is in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 409. Breach of the legislation of the Republic
of Kazakhstan in the field of education, physical
training and sport Footnote. Title of Article 409 is in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
1. Non-fulfillment or improper fulfillment of the obligations and standards of
pedagogical ethics by a teaching employee, shall –
entail a fine on individuals in amount of ten monthly calculation indices.
2. Non-fulfillment or improper fulfillment of the obligations provided by the
legislation of the Republic of Kazakhstan in the field of education by parents or
another legal representatives, shall –
entail a fine in amount of ten monthly calculation indices.
3. Non-fulfillment or improper fulfillment of the obligations by a head or other
civil servant of educational organization due to negligent or unfair relation to them,
if this entailed infliction of light harm to health of the pupils, students and
employees of the educational organization during the academic and educational process,
shall –
entail a fine in amount of fifty monthly calculation indices.
4. Violation of the requirements by educational organizations committed in the
form of:
1) non-compliance with the standard rules for activity of educational
organizations;
2) non-compliance with the standard rules for admission in educational
organizations;
3) non-compliance with the standard rules for change and reinstatement of students
by the types of educational organizations;
4) non-compliance with the standard rules for provision of academic leaves for
students in educational organizations;
5) non-compliance with the standard rules of competitive substitution of the
positions of higher-education teaching personnel and scientific workers of educational
organizations, shall –
entail a fine on civil servants in amount of ten, on subjects of small
entrepreneurship or non-profit organizations in amount of fifteen, on subjects of medium
entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in
amount of twenty five monthly calculation indices, with suspension of the license
validity term.
5. Creation and activity of organizational structures of political parties in
educational organizations, shall –
entail a fine on civil servants, on subjects of small entrepreneurship in amount
of ten, on subjects of medium entrepreneurship – in amount of fifteen, on subjects of
large entrepreneurship – in amount of twenty five monthly calculation indices.
6. Non-conformance of rendered educational services to the requirements of the
state obligatory educational standard, as well as other violations of the requirements
of the state obligatory educational standards, shall –
entail a fine on civil servants, on subjects of small entrepreneurship in amount
of fifteen, on subjects of medium entrepreneurship – in amount of twenty, on subjects of
large entrepreneurship – in amount of thirty monthly calculation indices, with
suspension of the license validity term.
7. Action (omission) provided by parts one – six of this Article committed
repeatedly second time within a year after imposition of administrative infraction,
shall –
entail a fine on individuals in amount of twenty, on civil servants in amount of
thirty, on subjects of small entrepreneurship – in amount of forty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of sixty monthly calculation indices, with deprivation of the license.
8. Non-compliance with the requirements on supplying the sports equipment and
equipping the places for conduct of activities and competitions, shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices.
9. Liquidation, change of the designated and functional purpose of health and
fitness, sports facilities being in the state ownership without the creation of the
equal health and fitness, sports facilities, shall –
entail a fine on civil servants in amount of five hundred monthly calculation
indices.
10. Non-compliance with the requirements on supporting participants of sports
events by the medical assistance and access of sportsmen to them that did not pass
medical examination in accordance with the regulatory requirements, shall –
entail a fine on legal entities in amount of five hundred monthly calculation
indices.
11. The act provided by a part nine of this Article committed repeatedly second
time within a year after imposition of administrative sanction, shall –
entail a fine in amount of one thousand monthly calculation indices.
Footnote. Article 409 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Chapter 24. ADMINISTRATIVE INFRACTIONS ENCROACHING
ON PUBLIC SAFETY AND HEALTH OF POPULATION
Article 410. Violation or failure to perform the
requirements of fire security
1. Violation or failure to perform the fire-fighting requirements provided by the
rules of fire security, technical regulations, construction standards and rules,
national standards in organizations, public places, storage capacities, agricultural
lands, in halls of residence and residential houses, shall –
entail a notification or fine on individuals in amount of five, on civil servants,
subjects of small entrepreneurship or non-profit organizations – in amount of fifteen,
on subjects of medium entrepreneurship – in amount of twenty five, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of one hundred monthly calculation indices.
3. Action (omission) provided by a part one of this Article that entailed the fire
development that inflicted harm to human health or significant damage, in the absence of
crime components, shall –
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of fifty monthly calculation indices.
Note. As applied to this Article, the significant damage shall be regarded as the
sum exceeding fifty monthly calculation indices at the time of commission of the
administrative infraction.
Article 410-1. Breach of the legislation of the Republic of
Kazakhstan upon conduct of audit in the field of fire security
1. Non-representation or untimely representation of a copy of conclusion on
results of conducted audit in the field of fire security by an expert organization to
the territorial subdivision of the authorized body in the scope of civil protection,
shall –
entail a fine on the expert organization in amount of thirty monthly calculation
indices.
2. Representation of conclusion in view of the results of conducting the audit in
the field of fire security by the expert organization containing inaccurate information
on conformance (non-conformance) of the object of requirement to the fire security,
shall –
entail a fine on the expert organization in amount of fifty monthly calculation
indices.
3. Action (omission) provided by parts one and two of this Article committed
repeatedly second time within a year after imposition of administrative sanction, as
well as representation of knowingly false conclusion by the expert organization in view
of the results of conducting audit in the field of fire security, shall –
entail a fine on expert organizations in amount of one hundred monthly calculation
indices with deprivation of the accreditation certificate.
Footnote. Chapter 24 is supplemented by Article 410-1 in accordance with the Law
of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from
01.01.2015).
Article 411. Release and sale of explosive and fire hazardous
products that do not meet the requirements of fire security Release and sale of explosive and fire hazardous products that do not meet the
requirements of fire security, if this did not entail infliction of grave or average
gravity harm to health carelessly and (or) heavy damage to an individual or legal
entity, or the state, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
thirty, on subjects of medium entrepreneurship – in amount of fifty, on subjects of
large entrepreneurship – in amount of one hundred monthly calculation indices.
Note. As applied to this Article of this Code, the heavy damage shall be regarded
as the sum exceeding one hundred monthly calculation indices at the time of commission
of administrative infraction.
Article 412. Violation or failure to comply with the safety
rules on water reservoir
Violation or failure to comply with the safety rules on water reservoirs committed
by a person being liable for their compliance in the absence of the signs of a
criminally punishable act, shall –
entail a fine on individuals in amount of seven, on subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of twenty, on subjects of large entrepreneurship – in amount of sixty monthly
calculation indices.
Footnote. Article 412 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 413. Violation of requirements of radiation security
upon use of nuclear energy Unreasonable or premeditated release of radioactive substances into the
atmosphere, water environment and subsoil in quantities exceeding the levels established
by the authorized state bodies; involvement into economic turnover for the purpose of
use and consumption of products and materials by the population, subjected to radiation
or containing radioactive substances, without permission hereto of the authorized state
bodies; permit to work on the object of using the nuclear energy for the persons that
did not pass the relevant training or that do not have the document certifying their
qualification, as well as the persons under eighteen years or having medical alerts;
violation of the requirements on ensuring of accounting and control of radioactive
substances and the sources of ionizing radiation, if these actions do not contain the
sings of a criminally punishable act, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship in amount of forty five, on subjects of medium entrepreneurship – in
amount of seventy, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices or deprivation of the license for the relevant type of
activity in the field of using the nuclear energy.
Article 414. Violation of requirements of Nuclear
proliferation regime
Violation of the established manner of nuclear export and import, violation of the
requirements on ensuring of physical protection of nuclear materials, objects of using
the nuclear energy; violation of the requirements on ensuring of accounting and control
of the nuclear materials, sources of ionizing radiation, if these actions do not contain
the sings of a criminally punishable act, shall –
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship in amount of forty, on subjects of medium entrepreneurship – in
amount of seventy, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices or deprivation of the licenses, special permissions for the
activity in the scope of using nuclear energy.
Article 415. Breach of the legislation of the Republic of
Kazakhstan in the field of technical regulation
1. Breach of the legislation of the Republic of Kazakhstan in the field of
technical regulation committed in the form of:
1) release and sale of the products that do not meet the requirements of the
technical regulations;
2) release of the products in a wholesale or retail trade, at markets that do not
meet the requirements of a regulatory document on standardization;
3) import and (or) sale of the products subjected to compulsory confirmation of
conformity, without existence of the conformity certificate, conformity mark or
declaration on conformity, as well as in case of their forgery, expiration or suspension
of the validity term;
4) violation of the procedure for performance of the works on confirmation of
conformity and accreditation;
5) unreasonable issuance or confirmation of the validity term of the conformity
certificate, and equally unreasonable acceptance or registration of a declaration on
conformity, applications-declarations, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship or non-profit organizations – in amount of sixty five, on subjects of
medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices, with suspension
of the accreditation certificate, attestations of experts-auditors on confirmation of
conformity, accreditation for the term up to six months.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of forty five, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred twenty, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices, with
deprivation of the accreditation certificate, attestations of experts-auditors on
confirmation of conformity, accreditation.
Article 416. Breach of the legislation in the field of safety
ensuring of separate types of products
Failure to terminate the implementation of life cycle processes of the products by
the subject from the date of detection of non-conformity to the safety requirements
established by the legislative acts on food safety, chemical products, machines and
equipment, toys and technical regulations, shall –
entail a fine on individuals in amount of one hundred sixty, on subjects of small
entrepreneurship or non-profit organizations – in amount of two hundred thirty, on
subjects of medium entrepreneurship – in amount of three hundred ten, on subjects of
large entrepreneurship – in amount of one thousand six hundred monthly calculation
indices, with suspension of the activity or without such with confiscation of the
products or without such.
Note. As applied to this Article, the subjects shall be regarded as the persons
being liable for safety of products in accordance with the legislative acts on food
safety, chemical products, machines and equipment, tools.
Article 417. Violation of the procedure for issuance of the
certificate on origin of goods and conclusion of the
configuration of goods of the Customs Union or foreign goods 1. Drawing up and issuance of the acts of examinations on origin of goods, on
determination of the status of goods of the Customs Union or foreign goods by experts-
auditors on determination of the country of origin of goods, status of goods of the
Customs Union or foreign goods in which the data for goods are falsified and (or)
inaccurate, shall –
entail a fine on experts-auditors on determination of the country of origin of
goods, status of goods of the Customs Union or foreign goods in amount of ten monthly
calculation indices with suspension of the certificates of the experts-auditors on
determination of the country of origin of the goods, status of goods of the Customs
Union or foreign goods for the term up to six months, on expert organizations – in
amount of thirty monthly calculation indices with suspension of the activity for the
term up to three months.
2. Refusal in issuance of the certificate on origin of goods in case of
representing duly executed act of the examination on origin of goods and documents
confirming the origin of goods, by the list approved by the authorized body in the field
of technical regulation, documents confirming the origin of goods for internal
circulation, or refusal in issuance of the conclusion of the configuration of goods of
the Customs Union or foreign goods in case of representing duly executed act of
examination on determination of the status of goods of the Customs Union or foreign
goods and details, documents confirming the status of the goods of the Customs Union or
foreign goods, shall –
entail a fine on organization authorized to issue the certificate on origin of
goods, the bodies (organizations) authorized to issue the certificate on origin of goods
for internal circulation, the conclusion of the configuration of goods of the Customs
Union or foreign goods, in amount of fifty monthly calculation indices.
3. Issuance of the certificate on origin of goods by the authorized organization,
the certificate on origin of goods for internal circulation, the conclusion of the
configuration of goods of the Customs Union or foreign goods by the bodies
(organizations) authorized to issue the certificate on origin of goods for internal
circulation, the conclusion of the configuration of goods of the Customs Union or
foreign goods, in which the data for goods are falsified and (or) inaccurate, shall –
entail a fine on organization authorized to issue the certificate on origin of
goods, the bodies (organizations) authorized to issue the certificate on origin of goods
for internal circulation, conclusions of the configuration of goods of the Customs Union
or foreign goods in amount of thirty monthly calculation indices.
4. Violation of the term for issuance of the certificate on origin of goods, the
certificate on origin of goods for internal circulation, the conclusion of the
configurations of goods of the Customs Union of foreign goods by the authorized
organization, the bodies (organizations) authorized to issue the certificate on origin
of goods for internal circulation, the conclusion of the configuration of goods of the
Customs Union or foreign goods, as well as of the written substantiated decision on
refusal in their issuance, shall –
entail a fine on organization authorized to issue the certificate, the bodies
(organizations) authorized to issue the certificate on origin of goods for internal
circulation, the conclusion of the configurations of goods of the Customs Union or
foreign goods in amount of thirty monthly calculation indices.
5. Representation of the falsified and (or) inaccurate documents confirming the
origin of goods by the list approved by the authorized body in the field of technical
regulation for obtaining the certificate on origin of goods, the documents confirming
the origin of goods for internal circulation, for obtaining the certificate on origin of
goods for internal circulation, as well as details, documents confirming the status of
goods of the Customs Union or foreign goods, for obtaining the conclusions of the
configurations of goods of the Customs Union or foreign goods, shall –
entail a fine on subjects of small entrepreneurship in amount of twelve, on
subjects of medium entrepreneurship – in amount of twenty, on subjects of large
entrepreneurship – in amount of thirty monthly calculation indices.
6. Actions (omission) provided by parts one, two, three and four of this Article
committed repeatedly second time within a year after imposition of administrative
sanction, shall –
entail a fine on experts-auditors on determination of the country of origin of
goods, status of goods of the Customs Union or foreign goods in amount of forty monthly
calculation indices with deprivation of the certificates of experts-auditors on
determination of the country of origin, status of goods of the Customs Union or foreign
goods, on organization authorized to issue the certificate, the bodies (organizations)
authorized to issue the certificate on origin of goods for internal circulation, the
conclusion of the configurations of goods of the Customs Union or foreign goods – in
amount of one hundred monthly calculation indices, on expert organizations – in amount
of sixty monthly calculation indices, with suspension of the activity for the term up to
three months.
Article 418. Violation of the national standards imposed on the
National Flag of the Republic of Kazakhstan and the National
Emblem of the Republic of Kazakhstan, as well as material
objects with their image
1. Production, use and placement of the National Flag of the Republic of
Kazakhstan and the National Emblem of the Republic of Kazakhstan, as well as material
objects with their image that do not conform to the relevant requirements of the
national standard, shall –
entail a fine on individuals in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of eighty, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred forty, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of five hundred monthly calculation indices.
Article 419. Breach of the legislation of the Republic of
Kazakhstan on ensuring the unity of measurements 1. Breach of the legislation of the Republic of Kazakhstan on ensuring the unity
of measurements committed in the form of:
1) admission of non-conformity of the quantity of the packaged goods contained in
the packs of any type upon their prepackaging, sale and import to the quantity indicated
on the packs;
2) admission of non-conformity of determination of weighing, volume, expenditure
or other quantities characterizing the quantity of goods alienated upon commission of
commercial operations to the quantity of goods stated in a control (sales) check or
another document confirming the purchase of inspected goods;
3) adjustment of measuring instruments, metrological certification of the
procedure of measurements without accreditation;
4) issuance in circulation, applying, sale and advertising of measuring
instruments and standard samples subjected to the state metrological control that did
not pass testing for the purpose of type approval or metrological certification, as well
as adjustment and (or) not included into the register of the state system of ensuring
the unity of measurements;
5) applying the methods for measuring subjected to the state metrological control
and that did not pass the metrological certification and registration into the register
of the state system of ensuring the unity of measurements, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship or non-profit organizations – in amount of sixty five, on subjects of
medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices, with suspension
of the accreditation certificate, certificate of the technical expert in the field of
ensuring the unity of measurements, certificate of the verification officer for the term
up to six months.
2. Actions (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship or non-profit organizations – in amount of ninety, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices, with
deprivation of the accreditation certificate, certificate of the technical expert in the
field of ensuring the unity of measurements, certificate of the verification officer.
Footnote. Article 419 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 420. Failure to take measures for destruction
of wild hemp
Failure to take measures for destruction of wild hemp on sowings of agricultural
crops, in gardens, vineyards, breeding nurseries and parks, on the sidelines of the
fields, irrigation and irrigation-amelioratory networks, on the waysides of the common
and railway roads, in a territory of organizations, on the land fields of inhabitants of
cities, rural settlements and other inhabited localities, as well as on the lands of the
state forest and water funds, state reserve and secured to the organizations after
prescription, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium
entrepreneurship – in amount of seventy, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices.
Article 421. Failure to take measures for ensuring protection
of the drug containing sowings
Failure to take measures for ensuring established regime of protection of hemp,
poppy sowings and other plants containing narcotic substances, places for storage and
processing of the harvests of these crops, and equally failure to take measures for
destruction of the stubble remains and production wastes containing narcotic substances,
shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of sixty, on subjects of medium entrepreneurship – in amount of one hundred, on
subjects of large entrepreneurship – in amount of two hundred monthly calculation
indices.
Article 422. Failure to take measures for suppression of sale
and (or) nonmedical consumption of narcotic drugs,
psychotropic substances and precursors
1. Failure to take measures for suppression of sale and (or) nonmedical
consumption of narcotic drugs, psychotropic substances and precursors by the owner of
entertaining establishment, as well as educational institution, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of one hundred fifty, on subjects of medium entrepreneurship – in amount of three
hundred, on subjects of large entrepreneurship – in amount of one thousand monthly
calculation indices.
2. Actions (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of two hundred, on subjects of medium entrepreneurship – in amount of four
hundred, on subjects of large entrepreneurship – in amount of two thousand monthly
calculation indices.
Note. Entertainment establishments mentioned in this Code shall include gambling
establishments, nightclubs, coffee bars, restaurants, Internet cafes, computer,
billiard, bowling clubs and cinemas, objects of theater and entertaining purpose and
other buildings, premises, structures in which the services of entertaining and leisure,
theater and entertaining, sporting, cultural and leisure purpose are rendered.
Article 423. Propaganda and illegal advertising of narcotic
drugs, psychotropic substances and precursors
1. Propaganda and illegal advertising of narcotic drugs,, psychotropic substances
and precursors, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
fifty, on subjects of medium entrepreneurship – in amount of three hundred, on subjects
of large entrepreneurship – in amount of five hundred monthly calculation indices.
2. Advertising of narcotic drugs and psychotropic substances included into the
list of narcotic drugs, psychotropic substances and precursors subjected to control in
the Republic of Kazakhstan in the unspecialized printed publications, designed for
medical and pharmaceutical workers, and equally distribution of the samples of medical
preparations for the purpose of advertising containing narcotic drugs and psychotropic
substances, shall –
entail a fine on subjects of small entrepreneurship in amount of two hundred, on
subjects of medium entrepreneurship – in amount of four hundred, on subjects of large
entrepreneurship – in amount of seven hundred monthly calculation indices, with
deprivation of the license for the relevant type of activity or without such.
Notes.
1. The propaganda of narcotic drugs, psychotropic substances and precursors in
this Article shall be regarded as the activity of individuals and legal entities
oriented to distribution of the details on techniques, methods of development,
production and use, the places of acquisition of narcotic drugs, psychotropic substances
and precursors, as well as production and distribution of the book products, publication
materials, distribution in computer networks of the mentioned details or commission of
the other actions for these purposes.
2. The illegal advertising of narcotic drugs, psychotropic substances and
precursors in this Article shall be regarded as the activity of individuals and legal
entities on distribution and placement of any information in any form, with the help of
any means that has the unconscious impact on perception and instincts of a human, forms
or supports his (her) interests in narcotic drugs, psychotropic substances and
precursors.
Article 424. Illegal medical and (or) pharmaceutical activity 1. Engagement in illegal medical and (or) pharmaceutical activity by a person that
does not have the certificate and (or) the license for this type of activity, shall –
entail a fine on individuals in amount of five, on civil servants –in amount of
fifteen, on subjects of small entrepreneurship – in amount of twenty, on subjects of
medium entrepreneurship – in amount of fifty, on subjects of large entrepreneurship – in
amount of seventy monthly calculation indices.
2. Rendering of the guaranteed volume of free medical assistance on a paid basis
in the healthcare organizations rendering it, shall –
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship –
in amount of fifty, on subjects of large entrepreneurship – in amount of four monthly
calculation indices.
3. Repeated commission of the acts provided by a part two of this Article within a
year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of thirty with deprivation of the
specialist’s certificate, on civil servants, subjects of small entrepreneurship – in
amount of sixty five, on subjects of medium entrepreneurship – in amount of one hundred,
on subjects of large entrepreneurship – in amount of seven hundred monthly calculation
indices, with confiscation of the incomes received due to commission of the
administrative infraction.
4. Consuct of the sessions of mass healing (two and more people), as well as with
the use of mass media, shall –
entail a fine in amount of one hundred fifty monthly calculation indices.
5. Participation of medical workers, authorized to prescript medical products in
the advertising of the medical products, sale of the medical products by the medical
workers at the workplace, with the exception of cases provided by the legislation, as
well as appointment to the certain pharmacy organizations and the other types of
organizations and the other forms of cooperation with them for the purpose of obtaining
remuneration, shall –
entail a fine on individuals in amount of eighty monthly calculation indices with
the deprivation of the specialist’s certificate, on civil servants, subjects of small
entrepreneurship – in amount of one hundred, on subjects of medium entrepreneurship – in
amount of two hundred, on subjects of large entrepreneurship – in amount of three
hundred monthly calculation indices.
Article 425. Violation of requirements of the legislation
in the field of sanitary and epidemiological welfare of
population, as well as hygienic standards 1. Violation of the regulatory legal acts in the field of sanitary and
epidemiological welfare of population, as well as hygienic standards, technical
regulations that did not entail carelessly mass disease or intoxication of people, shall
–
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship –
in amount of forty, on subjects of large entrepreneurship – in amount of one hundred
twenty monthly calculation indices.
2. Action (omission) provided by a part one of this Article that entailed
infliction of harm to the human health, if this action (omission) does not contain the
signs of a criminally punishable act, shall –
entail a fine on individuals in amount of two hundred, on civil servants, subjects
of small entrepreneurship or non-profit organizations – in amount of three hundred, on
subjects of medium entrepreneurship – in amount of four hundred, on subjects of large
entrepreneurship – in amount of two thousand monthly calculation indices.
Article 426. Violation of the rules of pharmaceutical activity
and scope of circulation of medical products, medical
accessories and medical devices
1. Violation of the rules for registration and reregistration, production,
manufacturing and quality control, testing (research), entry, procurement,
transportation, storage, marking, sale, applying (use), ensuring, destruction,
advertising of medical products, medical accessories and medical devices, if it did not
inflict harm to human health, shall –
entail a fine on individuals in amount of seventy, on civil servants – in amount
of one hundred, on subjects of small entrepreneurship – in amount of one hundred thirty,
on subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of one thousand monthly calculation indices.
2. Production, procurement, transportation, storage, sale, applying (use),
advertising of unregistered, forbidden for applying medical products, medical
accessories and medical devices, if they did not entail infliction of harm to human
health, shall –
entail a fine on individuals in amount of one hundred, on civil servants – in
amount of one hundred fifty, on subjects of small entrepreneurship – in amount of two
hundred, on subjects of medium entrepreneurship – in amount of three hundred, on
subjects of large entrepreneurship – in amount of one thousand five hundred monthly
calculation indices, with suspension of the activity, with confiscation of medical
products and the products equated to them, medicinal and prophylactic food and food
supplements, as well as cosmetic units that are the direct subjects of commission of
administrative infraction and incomes obtained due to commission of the administrative
infraction.
3. Acts provided by parts one or two of this Article that entailed infliction of
harm to human health, if these actions do not contain the signs of a criminally
punishable act, shall –
entail a fine on individuals in amount of two hundred, on civil servants – in
amount of three hundred, on subjects of small entrepreneurship – in amount of three
hundred fifty, on subjects of medium entrepreneurship – in amount of four hundred, on
subjects of large entrepreneurship – in amount of two thousand monthly calculation
indices, with confiscation of medical products, medical accessories and medical devices,
medicinal and prophylactic food and food supplements, as well as cosmetic units that are
the direct subjects of commission of administrative infraction and incomes obtained due
to commission of the administrative infraction.
Article 427. Violation of requirements of technical resistance
of objects and premises in the scope of turnover of narcotic
drugs, psychotropic substances, precursors
1. Violation of requirements of technical resistance of objects and premises in
the scope of turnover of narcotic drugs, psychotropic substances, precursors, shall –
entail a fine on subjects of small entrepreneurship in amount of twenty five, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices, with suspension
of the activity of a legal entity.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred
seventy five, on subjects of medium entrepreneurship – in amount of three hundred fifty,
on subjects of large entrepreneurship – in amount of two thousand monthly calculation
indices, with the prohibition of the activity of a legal entity.
Article 428. Inaccurate advertising in the field of
public health service
Dissemination of advertising of medical services, methods and means of
preventative measures, diagnostics, treatment and medical rehabilitation by an
advertiser that does not have the license for carrying out the relevant type of
activity, as well as advertising of biological active food supplements without their
state registration, if this action does not have the signs of a criminally punishable
act, shall –
entail a fine on individuals in amount of ten, on civil servants – in amount of
twenty five, on subjects of small entrepreneurship – in amount of one hundred, on
subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of
large entrepreneurship – in amount of two hundred monthly calculation indices.
Article 429. Avoidance from medical examination and treatment
of the persons contacting with those who are HIV infected, has
AIDS, venereal diseases, tuberculosis, as well as the persons
using narcotic drugs or psychotropic substances
without medical disposal
1. Avoidance from medical examination and treatment of the persons contacting with
those who are HIV infected, has AIDS, venereal diseases, tuberculosis, that continues
after written warning made by the health care institution, shall –
entail a fine in amount of five monthly calculation indices.
2. Avoidance from medical examination and treatment of the persons recognized as
suffering from alcoholism, drug addiction and substance abuse or in respect of whom
there are sufficient data that they use drugs or psychotropic substances without medical
disposal, shall –
entail a fine in amount of ten monthly calculation indices.
Article 430. Avoidance from treatment of the persons with the
diseases representing danger for wider public 1. Refusal from taking medical products and another avoidance from treatment of
the persons with the diseases representing danger for wider public, the list of which is
determined by the Government of the Republic of Kazakhstan, as well as the persons being
in contact with them and that are in need of preventive treatment, that continues after
written warning made by the health care institution, shall –
entail a fine in amount of five monthly calculation indices.
2. Avoidance of parents or the persons substituting them from treatment of minor
children with the diseases representing danger for wider public, the list of which is
determined by the Government of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of ten monthly calculation indices.
Article 431. Concealment of the source of infection by the
persons with diseases representing danger for the wider public
and the persons being in contact with them
Concealment of the source of infection by the persons with diseases representing
danger for the wider public and the persons being in contact with them, creating the
danger of infecting the other persons by these diseases, shall –
entail a fine in amount of five monthly calculation indices.
Article 432. Representation of knowingly false details and
information upon receipt of permitting documents for
engagement in medical, pharmaceutical activity 1. Representation of knowingly false details and information upon receipt of
permitting documents for engagement in medical, pharmaceutical activity, including by
falsification of the documents if this action does not contain the signs of a criminally
punishable act, shall –
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship –
in amount of twenty, on subjects of large entrepreneurship – in amount of thirty monthly
calculation indices.
2. The same act committed repeatedly second time within a year after imposition of
administrative sanction, shall –
entail a fine on individuals in amount of twenty, on civil servants, subjects of
small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship –
in amount of forty, on subjects of large entrepreneurship – in amount of sixty monthly
calculation indices.
Article 433. Violation of the obligation by the public health
service entities on informing the authorized bodies 1. Violation of the obligation by the public health service entities on informing
the authorized body in the field of public health service on the cases of infectious
diseases, intoxications, mental and behavioral disorders (diseases) representing the
danger for the wider public, the bodies of emergency situations on a threat of
occurrence and (or) on occurrence of medical and sanitary consequences of emergencies,
the internal affairs bodies – on the persons that referred concerning the fresh
injuries, wounds, criminal abortions, on cases of diseases representing the danger for
the wider public, shall –
entail a fine on individuals in amount of five, on civil servants – in amount of
ten monthly calculation indices.
2. The same action (omission) committed repeatedly second time within a year after
imposition of administrative sanction, shall –
entail a fine on individuals in amount of ten monthly calculation indices with the
deprivation of the certificate, on civil servants – in amount of twenty monthly
calculation indices.
Chapter 25. ADMINISTRATIVE INFRACTIONS ENCROACHING
ON PUBLIC ORDER AND MORALITY
Article 434. Disorderly conduct
1. Disorderly conduct, i.e. abusive language in public places, offensive
harassment to individuals, contamination of residential premises, dirtying of the places
of common use, parks, public gardens, as well as release of household wastes in
unestablished places and other similar actions expressing disrespect to the wider
public, violating the public order and calm of individuals, shall –
entail a fine in amount of ten monthly calculation indices or administrative
arrest for the term up to ten days.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail administrative arrest for the term up to fifteen days.
3. Actions provided by a part two of this Article committed by persons in respect
of whom the administrative arrest shall not be applied in accordance with a part two of
Article 50 of this Code, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 435. Hooliganism committed by a minor Disorderly conduct or hooliganism provided by a part one of Article 293 of the
Criminal Code of the Republic of Kazakhstan committed by a minor at the age from
fourteen to sixteen, shall –
entail a fine on parents or the persons substituting them in amount of seven
monthly calculation indices.
Article 436. Shooting from fire arms, gas, air weapon, launch
of pyrotechnical substances and products with their
applying in inhabited localities
1. Shooting from fire arms, gas (with the exception of cases of self-protection),
air weapon in inhabited localities and at the places not assigned for this, shall –
entail a fine in amount of ten monthly calculation indices with confiscation of
the weapon or without such.
2. Explosion of the special and home-produced pyrotechnical devices in inhabited
localities and at the places not assigned for this, violating the rest of individuals,
established order and that did not entail infliction of the heavy material damage, shall
–
entail a fine in amount of ten monthly calculation indices with confiscation of
the pyrotechnical means and devices.
3. Actions provided by parts one and two of this Article committed by the minors
at the age up to sixteen, shall –
entail a notification or fine on parents or the persons substituting them in
amount of ten monthly calculation indices with the confiscation of the pyrotechnical
devices.
4. Actions provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of administrative sanction, and equally by
the person being brought to the administrative liability within a year for the
infraction provided by Article 437 of this Code, shall –
entail a fine in amount of fifteen monthly calculation indices with the
confiscation of the subject being a tool or instrument for commission of the
administrative infraction.
Article 437. Violation of silence
1. Violation of silence at night time (from 23 to 6 hours), as well as performance
of the works in residential premises and outside them with a noise not linked with
urgent necessity, impeding the normal rest and calm of the individuals, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship or noon-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship – in
amount of fifty monthly calculation indices.
2. The same action committed repeatedly second time within a year after imposition
of the administrative sanction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or noon-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of ninety monthly calculation indices.
Article 438. Knowingly false call of special services 1. Knowingly false call of the bodies of the state fire-fighting service, police,
ambulance service, emergency services, shall –
entail a fine on individuals in amount of thirty monthly calculation indices.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction or committed during the
period of liquidation of the accidents, fires, consequences of natural disasters, shall
–
entail a fine on individuals in amount of sixty monthly calculation indices.
3. Actions provided by parts one and two of this Article committed by the minors
at the age from fourteen to sixteen years, shall –
entail a notification or fine on parents and the persons substituting them in
amount of fifteen monthly calculation indices.
Article 439. Knowingly false information on a fact
of corruption
Reporting of knowingly false information on a fact of corruption to the body
leading the fight against corruption, shall –
entail a fine on individuals in amount of two hundred monthly calculation indices.
Article 440. Drinking of alcohol or appearance in public
places in a state of intoxication 1. Drinking of alcohol in the streets and in other public places, except for the
trade and public catering organizations, in which the sale of alcohol drinks on draught
is permitted by the local executive body, or appearance in public places in a state of
intoxication offending the human dignity and public morality, shall –
entail a fine in amount of five monthly calculation indices.
2. Appearance of the persons under eighteen years in public places in a state of
intoxication, and equally drinking of alcohol by them, shall –
entail a fine on parents or the persons substituting them in amount of five
monthly calculation indices.
3. Actions provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices.
4. Actions provided by parts one and two of this Article committed by a person
that was subjected twice to the administrative sanction within a year for drinking of
alcohol or appearance in public places in a state of intoxication, shall –
entail administrative arrest for the term up to five days.
5. Actions provided by a part four of this Article committed by the persons to
which the administrative arrest in accordance with a part three of Article 50 of this
Code may not be applied, shall –
entail a fine in amount of fifteen monthly calculation indices.
Article 441. Violation of the prohibition of consuming tobacco
products in separate public places
Footnote. Title of Article 441 is in the wording of the Law of the Republic of
Kazakhstan dated 06.04.2015 No. 299-V (shall be enforced upon expiry of ten calendar
days after the date of its first official publication).
1. Consumption of tobacco products in separate public places in which the
legislation of the Republic of Kazakhstan established the prohibition for consuming the
tobacco products, shall –
entail a fine on individuals in amount of three monthly calculation indices.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine on individuals in amount of six monthly calculation indices.
3. Breach of the legislation of the Republic of Kazakhstan by an employer,
providing allocation of the special places for consuming tobacco products, as well as
failure to take measures against the persons consuming the tobacco products in the
special places not defined for that, shall –
entail a fine on civil servants in amount of ten, on legal entities – in amount of
forty monthly calculation indices.
Footnote. Article 441 as amended by the Law of the Republic of Kazakhstan dated
06.04.2015 No. 299-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 442. Appearance of minors in entertaining premises
or outside dwelling place at night time without accompanying
of legal representatives
Footnote. Title of Article 442 is in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
1. Appearance of minors in entertaining premises at night time without
accompanying of legal representatives from 22 to 6 hours, shall –
entail a fine on legal representatives in amount of three monthly calculation
indices.
2. Appearance of minors without accompanying of legal representatives outside a
dwelling place from 23 to 6 hours, shall –
entail a notification on legal representatives.
3. Actions provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on legal entities in amount of fifteen monthly calculation indices.
Footnote. Article 442 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 443. Insubordination to legal requirement of the person
that takes participation in ensuring public order 1. Insubordination to legal requirement of the person that takes participation in
ensuring public order, shall –
entail a fine in amount of five monthly calculation indices.
2. Action (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices or administrative
arrest up to five days.
Footnote. Article 443 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 444. Participation, involvement or access to
gambling games 1. Participation in gambling games (for money, things and other values) at the
places not allocated for that, and equally takings stacks for sport and other
competitions by the persons that do not have the special permission, shall –
entail a fine on individuals in amount of two hundred monthly calculation indices
with the confiscation of playing accessories, money, things and other values.
2. Involvement and access of the citizens of the Republic of Kazakhstan at the age
up to twenty one year in playing gambling games and (or) betting for money, things and
other values, shall –
entail a fine on individuals in amount of three hundred monthly calculation
indices.
Article 445. Breach of the legislation of the Republic of
Kazakhstan on gambling business 1. Paragraph 1 enters into force upon expiry of six months after the date of its
first official publication in accordance with the Law of the Republic of Kazakhstan
dated 24.04.2015 No. 310-V.
2. Betting, taking (registration) of stacks, payment of winnings outside gambling
premises (totalizator counters or bookmaker's offices) or organization and conduct of
the gambling games and (or) betting providing taking of the stacks and (or) giving of
the winning in the form of one property, except for the money by the organizer of
gambling business, with the exception of the case established by the Law, shall –
entail a fine on subjects of medium entrepreneurship in amount of three hundred,
on subjects of large entrepreneurship – in amount of one thousand monthly calculation
indices, with suspension of the license validity term.
3. Non-compliance with the requirements of a percentage of the winning
technologically built into a game machine, shall –
entail a fine on subjects of medium entrepreneurship in amount of three hundred,
on subjects of large entrepreneurship – in amount of one thousand monthly calculation
indices, with the confiscation of the incomes received due to commission of the
administrative infraction, and suspension of the license validity term.
4. Non-fulfillment of the conditions on formation, use, ensuring of placing the
compulsory reserves on a permanent basis by an organizer of gambling business in the
manner and on conditions determined by the legislation of the Republic of Kazakhstan,
shall –
entail a fine on subjects of medium entrepreneurship in amount of three hundred,
on subjects of large entrepreneurship – in amount of one thousand monthly calculation
indices with the suspension of the license validity term.
5. Installation of game machines or their parts in walls, window and door
apertures in a casino and hall of game machines, shall –
entail a fine on subjects of medium entrepreneurship in amount of three hundred,
on subjects of large entrepreneurship – in amount of one thousand monthly calculation
indices with the suspension of the license validity term.
Non-compliance with the requirements on equipping the pay offices and playing
places of gambling premises by video recording systems by an organizer of the gambling
business or violation of the terms for storage of recorded information or conditions of
recording, or non-fulfillment of the obligation to establish the equipment for
organization and conduct of betting, shall –
entail a fine on subjects of medium entrepreneurship in amount of three hundred,
on subjects of large entrepreneurship – in amount of one thousand monthly calculation
indices with the suspension of the license validity term.
7. Paragraph 7 enters into force upon expiry of six months after the date of its
first official publication in accordance with the Law of the Republic of Kazakhstan
dated 24.04.2015 No. 310-V.
8. Use of game machines by an organizer of gambling business with the violation of
requirements of the legislation of the Republic of Kazakhstan in the field of technical
regulation, shall –
entail a fine on subjects of medium entrepreneurship in amount of three hundred,
on subjects of large entrepreneurship – in amount of one thousand monthly calculation
indices with the suspension of the license validity term.
9. Paragraph 9 enters into force upon expiry of six months after the date of its
first official publication in accordance with the Law of the Republic of Kazakhstan
dated 24.04.2015 No. 310-V.
10. Paragraph 10 enters into force upon expiry of six months after the date of its
first official publication in accordance with the Law of the Republic of Kazakhstan
dated 24.04.2015 No. 310-V.
11. Actions (omission) provided by parts one, two, four, five, six, seven, nine
and ten of this Article committed repeatedly second time within a year after imposition
of the administrative sanction, shall –
entail a fine on subjects of medium entrepreneurship in amount of four hundred, on
subjects of large entrepreneurship – in amount of two thousand monthly calculation
indices with the deprivation of the license.
12. Acts provided by parts three and eight of this Article committed repeatedly
second time within a year after imposition of administrative sanction, shall –
entail a fine on subjects of medium entrepreneurship in amount of four hundred, on
subjects of large entrepreneurship – in amount of two thousand monthly calculation
indices with the confiscation of incomes received due to commission of the
administrative infraction, and deprivation of the license.
Footnote. Article 445 as amended by the Law of the Republic of Kazakhstan dated
24.04.2015 No. 310-V (shall be enforced upon expiry of twenty one calendar days after
the date of its first official publication).
Article 446. Advertising of the products of erotic content
Sale, distribution or advertising of the products of erotic content at the places
not allocated for these purposes, shall –
entail a fine on individuals in amount of twenty monthly calculation indices with
the confiscation of the products of erotic content.
Article 447. Violation of the rules for protection and use
of the monuments of history and culture
Violation of the rules for protection and use of the monuments of history and
culture protected by the state, shall –
entail a fine on individuals in amount of five, on civil servants – in amount of
ten monthly calculation indices.
Article 448. Vandalism of minors
Vandalism, i.e. contamination of the buildings, other structures, monuments of
history and culture, natural objects protected by the state, burial places of people by
signatures or drawings, or by other actions offending public morality, and equally
intended waste of the property on a transport or in other public places, committed by
the minors at the age under sixteen years, shall –
entail a fine on parents or the persons substituting them in amount of fifteen
monthly calculation indices.
Article 449. Harassment in public places
1. Harassment, i.e. importunate address in public places for the purpose of
purchase, sale, exchange or acquisition of the things by other method, by the person
that is not an entrepreneurship entity, as well as for the purpose of fortunetelling,
beggary, rendering of sexual services or solicitation of another services, shall –
entail a fine on individuals in amount of five monthly calculation indices.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices or administrative
arrest for the term up to five days.
3. Actions provided by a part one of this Article committed a foreign person or
stateless person, shall –
entail an administrative arrest for the term up to five days with the
administrative expulsion beyond the borders of the Republic of Kazakhstan.
Footnote. Article 449 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 450. Provision of premises knowingly for
prostitution or procuration
1. Provision of premises knowingly for prostitution or procuration, shall –
entail a fine on individuals in amount of one hundred, on civil servants, subjects
of small entrepreneurship – in amount of one hundred fifty, on subjects of medium
entrepreneurship – in amount of three hundred, on subjects of large entrepreneurship –
in amount of one thousand monthly calculation indices, with suspension of their activity
or separate types of activity for the term up to three months.
2. The same action committed repeatedly second time within a year after imposition
of the administrative sanction, shall –
entail a fine on individuals in amount of one hundred fifty, on civil servants,
subjects of small entrepreneurship – in amount of two hundred, on subjects of medium
entrepreneurship – in amount of four hundred, on subjects of large entrepreneurship – in
amount of two thousand monthly calculation indices, with the termination of their
activity or separate types of activity for the term up to three years with the
confiscation of incomes received due to commission of the administrative infraction.
Chapter 26. ADMINISTRATIVE INFRACTIONS IN THE FIELD
OF PRINT AND INFORMATION
Article 451. Breach of the legislation of the Republic of
Kazakhstan on mass media 1. Distribution of the media products, as well as messages and materials of the
informational agency without registration or after issuance of a decision on suspension,
termination of their broadcast (airing) or recognition of a certificate on registration
as invalid, shall –
entail a fine on civil servants in amount of ten, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of three hundred
monthly calculation indices, with the confiscation of the media products.
2. Production, manufacturing, replication and (or) distribution of the media
products, as well as messages and materials of the informational agency without the
reregistration in cases of change of the owner or its legal organizational form, name,
as well as the name of mass media, changing language of publication or broadcasting,
territory of distribution, main thematic scope, periodicity of broadcasting, shall –
entail a fine on civil servants in amount of forty, on subjects of small
entrepreneurship – in amount of one hundred, on subjects of medium entrepreneurship – in
amount of two hundred, on subjects of large entrepreneurship – in amount of one thousand
monthly calculation indices, with the suspension of broadcast (airing) of the mass media
for the term up to three months.
3. Actions provided by a part two of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a prohibition of the broadcast (airing) of the mass media.
Article 452. Breach of the legislation of the Republic of
Kazakhstan on television and radio broadcasting
1. Breach of the legislation of the Republic of Kazakhstan on television and radio
broadcasting by television and radio broadcasting companies committed in the form of:
1) distribution of domestic television and radio programs less than established
rate of interest by domestic television and radio channels;
2) distribution of the television news programs on a television channel without
ensuring of sign language interpretation or translation in the form of subtitles;
3) distribution of additional information on a television channel exceeding
fifteen percent of the picture area;
4) failure to ensure the quality of providing television and radio programs by the
television and radio channels in accordance with the rules for connecting the technical
means of television and radio broadcasting to the operators’ networks of the television
and radio broadcasting, technical operation of the television and radio broadcasting
systems and requirements of the national standards of television and radio broadcasting,
shall –
entail a fine on civil servants in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices.
2. Acts provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants in amount of one hundred, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred fifty, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
3. Distribution of the programs through the television and radio channels in
Kazakh language less than a total volume of the programs in other languages in time
intervals with the length of six hours each, calculated from zero hours of local time,
shall –
entail a fine on civil servants in amount of ten, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of three hundred
monthly calculation indices, with the confiscation of printed or other products and
suspension of the broadcasting (airing) of the mass media for the term up to three
months.
4. Action provided by a part three of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants in amount of fifty, on subjects of small
entrepreneurship – in amount of one hundred fifty, on subjects of medium
entrepreneurship – in amount of two hundred fifty, on subjects of large entrepreneurship
– in amount of one thousand monthly calculation indices, with the deprivation of the
license for activity on organizing the television and (or) radio broadcasting and
prohibition of broadcasting (airing) of the mass media.
5. Broadcasting of the relay of the television and radio programs of foreign
television and radio channels in the weekly volume by domestic television and radio
channel, exceeding twenty percent of the total volume of television and radio programs,
shall –
entail a fine on civil servants in amount of fifty, on legal entities – in amount
of one hundred monthly calculation indices.
6. Action provided by a part five of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants in amount of one hundred, on legal entities – in
amount of two hundred monthly calculation indices, with the suspension of the
broadcasting (airing) of the mass media for the term up to three months.
7. Breach of the legislation of the Republic of Kazakhstan on television and radio
broadcasting by the operators of television and radio broadcasting committed in the form
of:
1) failure to distribute compulsory television and radio channels by the operators
of television and radio broadcasting;
2) violation of the conditions for relay of a television and radio channel by the
operators of television and radio broadcasting, shall –
entail a fine on civil servants in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices.
8. Acts provided by a part seven of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants in amount of one hundred, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred fifty, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
9. Breach of the legislation of the Republic of Kazakhstan on television and radio
broadcasting by television and radio broadcasting companies and operators of the
television and radio broadcasting committed in the form of:
1) organization of a system of community reception that does not provide
commercial purpose without the written consent of the owners of a building and (or)
buildings;
2) distribution of the television programs that may inflict harm to an individual,
moral and spiritual development of children and youth;
3) untimely distribution of a warning signal of the population by the operators of
television and radio broadcasting and television and radio companies on a threat to
life, health of people and procedure for the actions in the existing situation of
natural and technogenic character, as well as in behalf of defence, national security
and protection of public order;
4) use of technical means of television broadcasting that did not pass the
procedures for confirmation of conformity;
5) creation of noises for the radio transmitting and radio receiving communication
means by individually land satellite receiving facilities;
6) distribution of the television and radio channels by the operators of
television and radio broadcasting that are not registered, reregistered in the
authorized body, shall –
entail a fine on civil servants in amount of fifty, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices.
10. Acts provided by a part nine of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants in amount of one hundred, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred fifty, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
Article 453. Manufacturing, storage, inflow, transmission,
distribution of media products, and equally other products
in a territory of the Republic of Kazakhstan 1. Manufacturing, storage, inflow, transmission of the media products in a
territory of the Republic of Kazakhstan containing details and materials oriented to the
propaganda or agitation of the forcible change of constitutional order, violation of
integrity of the Republic of Kazakhstan, subversion of the state security, wars,
incitement of the social, race, national, religious, class and tribal dissension, cult
of cruelty, violence and pornography, shall –
entail a fine on individuals in amount of twenty, on civil servants – in amount of
twenty five, on subjects of small entrepreneurship or non-profit organizations – in
amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on
subjects of large entrepreneurship – in amount of two hundred monthly calculation
indices, with the confiscation of the media products.
2. Distribution of the media products in a territory of the Republic of Kazakhstan
containing details and materials oriented to the propaganda or agitation of the forcible
change of constitutional order, violation of integrity of the Republic of Kazakhstan,
subversion of the state security, wars, incitement of the social, race, national,
religious, class and tribal dissension, propaganda and acquittal of extremism or
terrorism, as well as disclosing the technique and tactics of the anti-terrorist
operations during their conduct, if these actions do not contain the signs of a
criminally punishable act, shall –
entail a fine on individuals in amount of twenty, on civil servants – in amount of
twenty five, on subjects of small entrepreneurship or non-profit organizations – in
amount of fifty, on subjects of medium entrepreneurship – in amount of one hundred, on
subjects of large entrepreneurship – in amount of two hundred monthly calculation
indices, with the confiscation of the media products.
3. Actions provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of one hundred, on civil servants – in
amount of one hundred fifty, on subjects of small entrepreneurship or non-profit
organizations – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of three hundred, on subjects of large entrepreneurship – in amount of one
thousand five hundred monthly calculation indices, with the confiscation of the media
products with the deprivation of the licence for the activity on organizing the
television programs and (or) radio broadcasting and prohibition of the activity of a
legal entity.
4. Manufacturing, storage, inflow, transmission, distribution of another products
in a territory of the Republic of Kazakhstan that do not relate to the media products
containing details and materials oriented to the propaganda or agitation of the forcible
change of constitutional order, violation of integrity of the Republic of Kazakhstan,
subversion of the state security, wars, incitement of the social, race, national,
religious, class and tribal dissension, cult of cruelty, violence and pornography, if
these actions do not contain the signs of a criminally punishable act, shall –
entail a fine on individuals in amount of one hundred, on civil servants – in
amount of one hundred fifty, on subjects of small entrepreneurship or non-profit
organizations – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of three hundred, on subjects of large entrepreneurship – in amount of one
thousand five hundred monthly calculation indices, with the confiscation of the media
products.
5. Actions provided by parts three and four of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of two hundred, on civil servants – in
amount of three hundred, on subjects of small entrepreneurship or non-profit
organizations – in amount of three hundred fifty, on subjects of medium entrepreneurship
– in amount of four hundred, on subjects of large entrepreneurship – in amount of two
thousand monthly calculation indices, with the deprivation of the licence for the
activity on organizing the television and (or) radio broadcasting and prohibition of the
activity of a legal entity.
Article 454. Violation of the procedure for representing free
samples of periodical printed publications, fixation, storage
of the materials of television and radio programs
1. Non-representation of compulsory free samples of periodical printed
publications, as well as fixation and storage of the materials of television and radio
programs, shall –
entail a notification or fine in amount of ten monthly calculation indices.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of administrative sanction, shall –
entail a fine in amount of fifteen monthly calculation indices and suspension of
the broadcasting (airing) of the mass media for the term up to three months.
Article 455. Breach of the legislation of the Republic
of Kazakhstan on advertising
1. Production, dissemination, placement and use of advertising of the goods (works
and services) prohibited to advertising by the Laws of the Republic of Kazakhstan, shall
–
entail a fine on individuals in amount of fifty, on civil servants – in amount of
seventy, on subjects of small entrepreneurship or non-profit organizations – in amount
of one hundred, on subjects of medium entrepreneurship – in amount of one hundred fifty,
on subjects of large entrepreneurship – in amount of four hundred monthly calculation
indices.
2. Violation of the requirements established by the Laws of the Republic of
Kazakhstan to the languages of dissemination of advertising, shall –
entail a fine on individuals in amount of twenty, on civil servants – in amount of
seventy, on subjects of small entrepreneurship or non-profit organizations – in amount
of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on
subjects of large entrepreneurship – in amount of four hundred monthly calculation
indices.
3. The same action committed with the use of mass media, shall –
entail a fine on individuals in amount of seventy, on civil servants – in amount
of one hundred, on subjects of small entrepreneurship or non-profit organizations – in
amount of one hundred fifty, on subjects of medium entrepreneurship – in amount of two
hundred, on subjects of large entrepreneurship – in amount of five hundred monthly
calculation indices.
4. Actions provided by parts one, two and three of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail a fine on individuals in amount of one hundred fifty, on civil servants –
in amount of one hundred seventy, on subjects of small entrepreneurship or non-profit
organizations – in amount of two hundred, on subjects of medium entrepreneurship – in
amount of three hundred, on subjects of large entrepreneurship – in amount of six
hundred monthly calculation indices, with the suspension of broadcasting (airing) of
mass media for the term up to three months.
Article 456. Violation of the procedure for announcing
output information
1. Release of a periodical printed publication without established output
information, broadcast of television and radio programs of electronic mass media without
announcing own name, and equally with unclear or knowingly false output information,
shall –
entail a notification or fine in amount of twenty monthly calculation indices with
the confiscation of a circulation of the media products or without such.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine in amount of fifty monthly calculation indices with the confiscation
of a circulation of the products and technical means used for production and
distribution of the media products, or suspension of broadcasting (airing) of mass media
for the term up to three months.
Chapter 27. ADMINISTRATIVE INFRACTIONS ENCROACHING ON
ESTABLISHED CONTROL PROCEDURE
Article 457. Breach of the legislation of the Republic
of Kazakhstan on the issues of the state registration
of regulatory legal acts
1. Non-representation of a regulatory legal act by a civil servant for the state
registration, subjected to such registration in the manner and in terms established by
the legislation of the Republic of Kazakhstan, shall –
entail a fine in amount of ten monthly calculation indices.
2. Application of a regulatory legal act by a civil servant that ceased to be in
force in established manner, recognized by the court as invalid, officially unpublished
in the established manner, not entered into force, or the validation of which is
suspended by the authorized body, as well as that did not pass the state registration in
the bodies of justice, shall –
entail a fine in amount of twenty monthly calculation indices.
3. Actions provided by parts one or two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of thirty monthly calculation indices.
Article 458. Violation of the procedure for use the National
Flag of the Republic of Kazakhstan, National Emblem of the
Republic of Kazakhstan, as well as use and performance of the
National Anthem of the Republic of Kazakhstan 1. Illegal use the National Flag of the Republic of Kazakhstan, National Emblem of
the Republic of Kazakhstan and their images, as well as use and performance of the
National Anthem of the Republic of Kazakhstan with the violation of requirements of the
legislation of the Republic of Kazakhstan, shall –
entail a fine in amount of two hundred monthly calculation indices.
2. Non-use of the state symbols in the cases when their use is compulsory, shall –
entail a fine on civil servants in amount of two hundred monthly calculation
indices.
3. Acts provided by parts one and two of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of four hundred monthly calculation indices.
Article 459. Violation of the procedure for the following
official publication of the texts of regulatory legal acts
Violation of the procedure for the following official publication of the texts of
regulatory legal acts committed in the form of:
1) the following official publication of the texts of regulatory legal acts that
did not pass the examination for conforming the texts published by them to the reference
control bank of regulatory legal acts of the Republic of Kazakhstan;
2) non-publication in an exact conformity to the reference control bank of
regulatory legal acts of the Republic of Kazakhstan;
3) failure to indicate the date of entering into force;
4) following publication of the official texts of regulatory legal acts with the
annotations of a printed publication to the published regulatory legal acts, shall –
entail a fine on subjects of small entrepreneurship in amount of thirty, on
subjects of medium entrepreneurship – in amount of sixty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
Article 460. Violation of the term for filing the documents
to the state registration of rights to immovable property Violation of the term for filing the documents to the state registration of rights
to immovable property by individuals and (or) legal entities, established by the Law of
the Republic of Kazakhstan “On state registration of rights to immovable property”,
shall –
entail a fine on individuals in amount of ten, on legal entities – in amount of
twenty monthly calculation indices.
Article 461. Violation of protective prescription
Violation of protective prescription issued by the internal affairs body, shall –
entail a notification or administrative arrest for the term up to five days.
Article 462. Impeding to civil servants of the state
inspections and bodies of state control and supervision in
performing their official duties, failure to perform the
regulations, prescriptions and other requirements
1. Impeding to civil servants of the state inspections and bodies of state control
and supervision in performing their official duties in accordance with their competence
being expressed in a refusal to represent necessary documents, materials, statistical
(with the exception of the primary statistics) and other details, information on the
activity, on incomes, on equipping by instruments for metering the energy resources,
volume of consumption and losses of energy resources, water, on calculation and payment
of insurance contributions, on use of nuclear energy, in a refusal of access for
conducting the revisions, inspection, inventory, examination under the regulation of the
authorized body and other actions provided by the legislation, or in creation of another
obstacle in their carrying out, or provision of inaccurate information, shall –
entail a fine on individuals in amount of three, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of one hundred, on
subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of
large entrepreneurship – in amount of two hundred monthly calculation indices.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of seven, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of two hundred, on
subjects of medium entrepreneurship – in amount of three hundred, on subjects of large
entrepreneurship – in amount of four hundred monthly calculation indices.
3. Non-performance or improper performance of legal requirements or prescriptions,
presentations, regulations, issued by the bodies of state control and supervision (civil
servants), by civil servants of the state bodies within their competence, with the
exception of cases provided by Articles 162, 227 of this Code, shall –
entail a fine on individuals in amount of five, on civil servants – in amount of
fifteen, on subjects of small entrepreneurship or non-profit organizations – in amount
of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on
subjects of large entrepreneurship – in amount of five hundred monthly calculation
indices, with the suspension of validity term of the permission for a certain type of
activity or separate types of activity.
4. Non-representation or untimely presentation of the information by inspected
subjects on measures that will be taken to eliminate the violations detected by the
bodies of control and supervision, shall –
entail a fine in amount of twenty monthly calculation indices.
5. Break of stamp (seal) imposed by a civil servant of the authorized body, with
the exception of the cases provided by a part two of Article 625, part one of Article
626 of this Code, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in
amount of fifty monthly calculation indices.
Note.
1. The individual shall not be subject to bringing to the administrative liability
in accordance with parts one and two of this Article for refusal from representing
necessary documents, materials, statistical (with the exception of primary statistics)
and other details, information on equipping by instruments for metering the energy
resources, water.
2. Legal entity, with the exception of the state enterprises, limited liability
partnerships, joint stock companies, as well as national management holdings, national
holdings, national companies, the participant or shareholder of which is the state, as
well as branch, associated and other legal entities that are affiliated with them, shall
not be subject to bringing to the administrative liability in accordance with the parts
one and two of this Article for refusal from representing necessary documents, materials
statistical (with the exception of primary statistics) and other details, information on
equipping by instruments for metering the energy resources, water, volumes of
consumption and losses of energy resources and water in the case if such person consumes
the energy resources in the volume being equivalent to less than one thousand five
hundred tons of equivalent fuel per year.
Article 463. Engagement in entrepreneurial or another activity,
as well as carrying out of the actions (operations) without the
relevant registration, permission or filing of notification
1. Engagement in entrepreneurial or another activity, as well as carrying out of
the actions (operations) without the relevant registration, permission, and equally non-
filing of a notification in the cases when the registration, permission, filing of the
notification are compulsory, if these actions do not contain the signs of a criminally
punishable act, shall –
entail a fine on individuals in amount of fifteen, on civil servants, subjects of
small entrepreneurship – in amount of twenty five, on subjects of medium
entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in amount
of one hundred fifty monthly calculation indices, with the confiscation of subjects and
(or) instruments for commission of the administrative infractions or without such, and
engagement in entrepreneurial or another activity without the license shall entail
additionally confiscation of incomes (dividends), money, securities received due to the
administrative infraction.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship – in amount of fifty, on subjects of medium entrepreneurship – in
amount of eighty, on subjects of large entrepreneurship – in amount of five hundred
monthly calculation indices, with the confiscation of subjects and (or) instruments for
commission of the administrative infraction, and engagement in entrepreneurial or
another activity without the license shall entail additionally confiscation of incomes
(dividends), money, securities received due to the administrative infraction.
Note. The liability on such Article shall not be applied to a notification on
currency operation and registration of currency operations carried out in accordance
with the Law of the Republic of Kazakhstan “On currency regulation and currency
control”, as well as to notifications carried out in accordance with the Law of the
Republic of Kazakhstan “On natural monopolies and regulated markets”.
Article 464. Violation of the rules for licensing
1. Violation of the rules for licensing established by the legislation of the
Republic of Kazakhstan, including non-conformance to the qualification requirements
submitted to the licensable types of activity, shall –
entail a fine on individuals in amount of fifteen, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of forty five, on
subjects of medium entrepreneurship – in amount of eighty, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices, with the
suspension of the licence validity term for particular type of activity or without such.
2. Representation of knowingly inaccurate information by a licensee upon
obtainment of the license, and equally the actions (omission) provided by a part one of
this Article committed repeatedly second time within a year after imposition of the
administrative sanction, as well as failure to eliminate the violations of the rules for
licensing that entailed bringing to the administrative liability, upon expiry of the
term for suspension of the license validity, shall –
entail a fine on individuals in amount of forty, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices, with the
deprivation of the license for particular type of activity.
Footnote. Article 464 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 465. Violation of the procedure and terms for
issuance of permission 1. Violation of the terms for issuance of permission, shall –
entail a fine on civil servants in amount of fifty monthly calculation indices.
2. Issuance of permission with the violation of the procedure established by the
legislation of the Republic of Kazakhstan on permissions and notifications, and equally
unreasonable refusal in issuing the permission, shall –
entail a fine on civil servants in amount of fifty monthly calculation indices.
3. Actions provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants in amount of seventy monthly calculation indices.
Article 466. Breach of the legislation of the Republic of
Kazakhstan on state registration of legal entities and
record registration of branches and representatives
1. Carrying out of the activity without reregistration of a legal entity, its
branches and representatives in the cases provided by the legislation, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of ten, on subjects of medium entrepreneurship – in amount of twenty, on subjects
of large entrepreneurship – in amount of forty monthly calculation indices.
2. Untimely notification of a registering body on change of location of a legal
entity, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of five, on subjects of medium entrepreneurship – in amount of ten, on subjects
of large entrepreneurship – in amount of thirty monthly calculation indices.
Article 467. Non-return of a license and (or) license
addendum to a licenser
Non-return of a license and (or) license addendum by a licensee to a licenser
within ten business days from the date of termination of the license and (or) license
addendum validity term, shall –
entail a fine on individuals in amount of ten, on civil servants – in amount of
twenty, on legal entities – in amount of two hundred monthly calculation indices.
Article 468. breach of the legislation of the Republic of
Kazakhstan on the national registers of identification numbers 1. Divulgence of the details contained in the national registers of identification
numbers that are not subjected to divulgence, and equally non-fulfillment or improper
fulfillment of the obligations established by the legislation of the Republic of
Kazakhstan on the national registers of identification numbers, committed:
by the authorized body in the form of:
1) non-formation of the identification number within one business date from the
date of reference of the registering bodies;
2) non-representation of information to the registering state bodies and other
state institutions no later than two business days from the date of their references;
by the registering body in the form of:
1) untimely representation of details to the authorized body for formation of the
identification number within one business day from the date of receipt of such details;
2) non-representation of details to the authorized body for replenishment and
maintenance of the actual data status of informational systems of the national registers
of identification numbers within one business day from the date of receipt of such
details;
3) non-representation of details to the authorized body for exclusion or
conditional exclusion of the identification numbers from the national registers of
identification numbers within one business day from the date of receipt of such details;
by the state bodies and other state institutions in the form of:
1) non-representation of details established by the Government of the Republic of
Kazakhstan to the authorized body for replenishment and maintenance of the actual data
status of informational systems of the national registers of identification numbers
within one business day from the date of receipt of such details;
2) non-representation of details to the authorized body for exclusion or
conditional exclusion of the identification numbers from the national registers of
identification numbers within one business day from the date of receipt of such details;
3) non-considering the identification number upon issuance of the documents of
registration, permission and other nature in accordance with the legislation of the
Republic of Kazakhstan;
by banks and organizations carrying out separate types of banking operations in
the form of
1) non-considering the identification number, as well as failure to control the
correctness of stating in accordance with an algorithm of formation of an identification
number established by the legislation of the Republic of Kazakhstan, shall –
entail a fine on civil servants in amount of twenty monthly calculation indices.
2. Acts provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants in amount of thirty monthly calculation indices.
Article 469. Violation of the requirements submitted to the
activity on assembling, checking and technical maintenance
of the means of security alarm 1. Violation of the requirements by individuals or legal entities submitted to the
activity on assembling, checking and technical maintenance of the means of security
alarm by the Law of the Republic of Kazakhstan “On security activity”, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of fifty five, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of one hundred
fifty monthly calculation indices.
2. Action provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, and equally non-
elimination of the violation provided by a part one of this Article that entailed
bringing to the administrative liability, shall –
entail a fine on individuals in amount of forty, on subjects of small
entrepreneurship – in amount of ninety nine, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of three hundred
fifty monthly calculation indices with the prohibition of activity.
Article 470. Breach of the legislation of the Republic of
Kazakhstan in the field of security activity
1. Breach of the legislation of the Republic of Kazakhstan in the field of
security activity committed in the form of:
1) non-performance and (or) improper performance of the requirements on ensuring
the engineering and technical strengthening of the objects subjected to the state
protection approved by the Government of the Republic of Kazakhstan;
2) provision of a right to foreign legal entities, legal entities with foreign
participation, foreign persons, as well as stateless persons to carry out all the types
of security activity; to establish or be a founder (founders) of the private protective
organizations; to have a private protective organization in a trust management;
3) accept the persons that do not conform to the requirements of paragraph 6 of
Article 6 of the Law of the Republic of Kazakhstan “On security activity” on position of
a guard of a private protective organization;
4) failure to perform the requirements on providing a standard type document to
the guard upon fulfilling own employment duties that certifies his (her) identity and
belonging to the private protective organization, and special uniform;
5) non-compliance with the restrictions provided by Article 17-1 of the Law of the
Republic of Kazakhstan “On security activity”;
6) carrying out of the activity on training and raising of qualification of the
workers holding positions of a head and guard in the private protective organization
with the violation of requirements established by the legislation of the Republic of
Kazakhstan, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
fifty, on subjects of medium entrepreneurship – in amount of one hundred, on subjects of
large entrepreneurship – in amount of one hundred twenty monthly calculation indices.
2. Actions (omission) provided by a part one of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, and equally
failure to eliminate the violation provided by a part one of this Article that entailed
bringing to the administrative liability, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
eighty, on subjects of medium entrepreneurship – in amount of one hundred thirty, on
subjects of large entrepreneurship – in amount of one hundred fifty monthly calculation
indices, with the prohibition of the activity or without such.
Article 471. Non-fulfillment of the obligations by the local
executive bodies and other authorized state bodies established
by the tax legislation of the Republic of Kazakhstan
1. Non-transfer, untimely or incomplete transfer of the sums of taxes and other
compulsory payments into the budget subjected to transfer into the budget by the local
executive bodies or authorized state bodies in accordance with the tax legislation of
the Republic of Kazakhstan and bodies mentioned in this part, shall –
entail a fine on civil servants in amount of thirty monthly calculation indices.
2. Non-representation, untimely, inaccurate or incomplete representation of the
details determined by the tax legislation of the Republic of Kazakhstan for
representation to the state revenues bodies by the local executive bodies and other
authorized state bodies, shall –
entail a fine on civil servants in amount of thirty monthly calculation indices.
3. Failure to perform the requirements by the authorized state and local executive
bodies on elimination of the violations detected in results of the tax control and
mentioned in the act of control, shall –
entail a fine on civil servants in amount of thirty monthly calculation indices.
4. Actions (omission) provided by parts one, two of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail a fine on civil servants in amount of sixty monthly calculation indices.
Footnote. Article 471 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 472. Violation of the rules for accounting and the
following use of property received in ownership of the state on
separate grounds, in cases provided by the legislative acts
1. Incomplete and (or) untimely transfer of property to the authorized body
received in ownership of the state on separate grounds, if these acts do not have the
signs of a criminally punishable act, specifically:
1) confiscated on the ground of court acts to the state budget;
2) material evidences on the ground of court acts turned into the state budget;
3) treasures containing the things related to the monuments of history and
culture;
4) gifts that came to a person authorized to perform the state functions, or to
the person equated to him (her), as well as their family members and subjected to
delivery to the special state fund without compensation;
5) transferred into republican ownership in the other cases provided by the
legislative acts, including goods and transport vehicles registered in a customs regime
of refusal in behalf of the state;
6) recognized ownerless in established manner;
7) transferred to the state by the right of succession, as well as escheated
succession;
8) findings;
9) neglected animals, shall –
entail a fine on individuals in amount of eight, on civil servants – in amount of
fifteen, on legal entities – in amount of forty five monthly calculation indices.
2. Non-compliance with the procedure for accounting, storage, assessment and sale
of the property received in ownership of the state on separate grounds committed in the
form of:
1) non-ensuring of storage of the documents certifying occurrence of the right of
ownership of the state;
2) choice of an organizer of auction not by the state procurement of the services
on organization and conduct of the auctions;
3) failure to destroy the property that is not sold at the minimal price;
4) untimely transfer of the sums from selling such property to the state budget,
shall –
entail a fine on civil servants in amount of fifteen, on legal entities – in
amount of forty five monthly calculation indices.
Article 473. Divulgence of the details that are the tax secrets
Divulgence of the details that are the tax secrets without professional or
official necessity by the persons that became known on such details in the manner
established by the tax legislation of the Republic of Kazakhstan, shall –
entail a fine in amount of forty monthly calculation indices.
Article 474. Carrying out of particular actions by the bodies
(organizations) being authorized by the state without recovery
of taxes and other compulsory payments to the budget, and
equally without receipt of the documents
confirming such payment
1. Carrying out of legally significant actions provided by the legislation of the
Republic of Kazakhstan by bodies (organizations) being authorized by the state without
recovery of taxes and other compulsory payments to the budget, shall –
entail a fine on civil servants in amount of thirty monthly calculation indices.
2. Carrying out of legally significant actions provided by the legislation of the
Republic of Kazakhstan by the bodies (organizations) authorized by the state, without
receipt of the document confirming payment of taxes and other compulsory payments to the
budget in the cases when the receipt of confirming document is provided by the
legislative acts, shall –
entail a fine on civil servants in amount of thirty monthly calculation indices.
3. Actions provided by parts one and two and this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants in amount of seventy monthly calculation indices.
Article 475. Refusal in tax registering or violation of the
terms for tax registration
1. Refusal in tax registering of a tax payer or registration of the tax payer as a
payer of value added tax, and equally violation of the terms for such registration
(recording) by a civil servant of the state revenues bodies established by the tax
legislation, shall –
entail a fine in amount of twenty monthly calculation indices.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine in amount of forty monthly calculation indices.
Article 476. Violation of the emergency situation
Violation of the regime or failure to perform the requirements established by the
state body due to announcement of emergency situation, as well as non-execution of legal
orders and regulations of a governor of a region, if these actions (omission) do not
contain the signs of a criminally punishable act, insofar as:
1) special regime of entry and departure;
2) prohibition to leave particular place, own flat (house) for particular
individuals for established term;
3) prohibition of holding the meetings, rallies, marches and demonstrations, as
well as entertaining, sport and other mass events;
4) prohibition of strikes;
5) restriction or prohibition of trade in arms, virulent chemical and poisonous
substances, as well as alcohol drinks and alcohol-containing substances;
6) quarantine and conduct of other compulsory sanitary- epidemiological measures;
7) restriction or prohibition of using multiplying technology, as well as radio
and television transmitting equipment, audio and video recording technology;
prescriptions on withdrawal of audio amplifier technical means; measures to ensure
control of the mass media;
8) special rules for using communications;
9) traffic limitation of the transport vehicles and conduct of their search;
10) prohibition to stay on the streets or in other public places for individuals
during the curfew restrictions without specially issued passes and documents certifying
their identity or to stay outside own dwelling place without the documents certifying
identity, shall –
entail a notification or fine in amount of ten monthly calculation indices or
administrative arrest for the term up to fifteen days.
Article 477. Violation of the legal regime in a zone of
conducting anti-terrorist operation
Violation of the legal regime or failure to perform the requirements established
due to announcement of the anti-terrorist operation, insofar as:
1) special regime of entry and departure;
2) prohibition to stay on the separate fields of location and objects for
individuals, as well as obstruction of towing transport vehicles;
3) obstruction of inspecting the documents certifying identity of the individuals,
conduct of personal inspection and search of the things being in possession of the
individual, search of transport vehicles;
4) special rules for using communications;
5) obstruction of taking the transport vehicles for delivery of the persons being
in need of emergency medical care to the medical institutions, transit to the place of
commission of the act of terrorism, as well as for pursuing and detention of the persons
being suspected in commission of the act of terrorism, if delay may create a real threat
to life or health of the people;
6) suspension of the activity of hazardous production objects;
7) obstruction of temporary resettlement of individuals residing within the limits
of the territory on which the legal regime of anti-terrorist operation is imposed;
8) introduction of quarantine, conduct of sanitary epidemiological, veterinary
measures and measures on plant quarantine;
9) obstruction of entry to residential and other premises being in the ownership
or in possession and in use of individuals and legal entities, and to the land fields
belonging to them on the basis of the right of private ownership or land use;
10) restriction or prohibition of trade in arms, ammunition, explosive substances,
virulent chemical and poisonous substances, establishment of the special regime of
turnover of medical products, narcotic drugs, psychotropic substances and precursors,
ethyl alcohol and alcohol products, shall –
entail a fine on individuals in amount of twenty monthly calculation indices or
the administrative arrest for the term up to fifteen days, on subjects of small
entrepreneurship or non-profit organizations – in amount of eighty five, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of two hundred fifty monthly calculation indices, with the
suspension of the activity of hazardous production objects.
Article 478. Actions provoking the violation of legal order
in emergency conditions
Actions provoking the violation of legal order or spreading the national and
religious dissension, active obstruction of the exercising own legal rights and
obligations by individuals and civil servants, and equally malicious insubordination to
the legal regulation or requirement of the employee of the bodies of internal affairs,
national security, the military servant, representatives of power or society fulfilling
official duties or public debt on protection of the public order, or the actions
violating the public order and calm of the individuals, as well as breach of the
legislation on administrative supervision committed at the place where the emergency
situation is imposed, shall –
entail a fine in amount of forty monthly calculation indices or administrative
arrest for the term up to thirty days.
Article 479. Failure to report on taken measures on
elimination of the reasons and conditions promoting
commission of infraction
Failure to report on taken measures on elimination of the reasons and conditions
promoting commission of crimes and administrative infractions by a head of organization
and other persons, upon the recommendations of the bodies (civil servants) considering
the case, shall –
entail a fine in amount of ten monthly calculation indices.
Article 480. Breach of the legislation of the Republic of
Kazakhstan on administrative supervision 1. Failure to perform the rules of administrative supervision by a person released
from the places of deprivation of freedom or restrictions imposed in respect of him
(her) by the court, shall –
entail a notification or fine in amount of ten monthly calculation indices.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine in amount of twenty monthly calculation indices or administrative
arrest up to fifteen days.
Article 481. Transfer of banned substances, products and
subjects to the persons detained in the correctional system
facilities, special institutions
1. Transfer or attempt to transfer of alcohol drinks, medical and other substances
having dopey effect, money, food products, products and other subjects by any method to
the persons detained in the correctional system facilities, special institutions
prohibited for storage and use in these institutions, hidden from searching, shall –
entail a notification or fine in amount of ten monthly calculation indices, with
the confiscation of a subject being a tool or subject of commission of the
administration infraction.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine in amount of twenty monthly calculation indices or administrative
arrest for the term up to thirty days, with the confiscation of a subject being a tool
or subject of commission of the administrative infraction.
Article 482. Illegal acquisition, transfer, sale, keeping,
bearing, carriage of weapons by individuals and legal entities
1. Illegal acquisition, transfer, sale, keeping, bearing, carriage of smoothbore,
gas weapons and ammunition to them not registered in the internal affairs bodies, as
well as electric, pneumatic weapons with a muzzle energy more than 7,5 Joul, a caliber
more than 4,5 millimeters, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty five, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of forty monthly calculation indices, with the confiscation of weapons.
2. Actions provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty five, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of fifty monthly calculation indices, with the confiscation of weapons.
Note. The person that delivered illegally kept weapons on a voluntary basis shall
be released from administrative liability, if his (her) actions does not have the
components of another infraction.
Article 483. Violation of the procedure for storage,
accounting, use, carriage, trade, destruction, entry,
inflow of non-military pyrotechnical substances
and products with their applying
1. Violation of the procedure for storage, accounting, use, carriage, trade,
destruction, entry, inflow of non-military pyrotechnical substances and products with
their applying by the persons having the licenses for the right to activity in the scope
of turnover of non-military pyrotechnical substances and products with their applying,
shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship – in
amount of forty five monthly calculation indices, with the confiscation of non-military
pyrotechnical substances and products with their applying.
2. Sale of non-military pyrotechnical products of the 4 hazard class outside the
places of their storage and (or) to the persons that do not have the license for
acquisition of non-military pyrotechnical products of the 4 hazard class, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of seventy monthly calculation indices, with the confiscation of non-military
pyrotechnical substances and products with their applying.
3. Actions provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship or non-profit organizations – in amount of forty, on subjects of medium
entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in amount
of one hundred monthly calculation indices, with the confiscation of non-military
pyrotechnical substances and products with their applying.
Article 484. Violation of the rules for acquisition, keeping,
use or carriage of non-military service weapons,
ammunition to them
1. Violation of the rules for acquisition, keeping, use or carriage of non-
military service weapons, ammunition to them by individuals having permission of the
internal affairs bodies for keeping, bearing of the weapons, shall –
entail a fine in amount of five monthly calculation indices.
2. Violation of the rules for acquisition, keeping or carriage of the service
weapons, ammunition to them by workers of the organizations being liable for their
preservation, and equally use of the service weapons and ammunition to them not
according to the purpose intended, shall –
entail a fine in amount of fifteen monthly calculation indices.
Article 485. Unlawful applying gas weapons
1. Unlawful applying gas weapons, shall –
entail a fine in amount of ten monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of fifteen monthly calculation indices with the
confiscation of weapons or without such.
Article 486. Violation of the procedure for registration
(reregistration) of non-military and service weapons
or procedure for their recording 1. Violation of the procedure for registration (reregistration) of non-military
and service weapons or the rules for their recording that is expressed in violation of
the terms for:
1) registration and obtainment of a permission for keeping and (or) bearing of
weapons by an individual after their acquisition;
2) referring of an individual to the internal affairs body on prolongation of the
permission for keeping and (or) bearing of non-military weapons;
3) notifying the internal affairs body by the owner of weapons on loss or theft of
the weapons belonged to him (her);
4) referring of an individual to the internal affairs body for recording of the
weapons upon change of the residence place;
5) registration of the service and (or) non-military weapons in the internal
affairs bodies by a legal entity after their acquisition, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in
amount of forty monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of fifteen, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of seventy monthly calculation indices.
Article 487. Evading from delivery of non-military weapons,
ammunition to them for selling
Evading from delivery of non-military weapons, ammunition to them for selling by
the individuals, the permission of whom for keeping and bearing them is annulled, shall
–
entail a fine in amount of five monthly calculation indices.
Article 488. Breach of the legislation of the Republic of
Kazakhstan on the procedure for organizing and holding peaceful
meetings, rallies, marches, pickets and demonstrations
1. Breach of the legislation of the Republic of Kazakhstan on the procedure for
organizing and holding peaceful meeting, rally, march, pickets and demonstration or
another public event or obstruction of their organizing or holding, and equally
participation in illegal meetings, rallies, marches, demonstrations, if these actions do
not have the signs of a criminally punishable act, shall –
entail a notification or fine on individuals in amount of twenty monthly
calculation indices, on civil servants – fine in amount of fifty monthly calculation
indices or arrest for the term up to ten days.
2. Provision of a premise or another property (communications means, multiplying
technology, equipment, transport) by the heads and other civil servants of organizations
to the participants of unauthorized meeting, rally, picketing, demonstration or another
public event or creation of the other conditions for organizing and holding such events,
shall –
entail a fine in amount of twenty monthly calculation indices.
3. Actions provided by parts one and two of this Article committed repeatedly
second time within a year after applying the measures of administrative sanction or by
an organizer of the meeting, rally, march, demonstration, shall –
entail a fine in amount of fifty monthly calculation indices or administrative
arrest for the tem up to fifteen days.
Article 489. Breach of the legislation of the Republic of
Kazakhstan on public associations, as well as management,
participation in the activity of public, religious associations
that are not registered in the manner established by the
legislation of the Republic of Kazakhstan, financing
of their activity
1. Commission of the actions by the heads, members of a public association or by
the public association that are beyond the purposes and tasks determined by the charters
of these public associations, shall –
entail a notification or fine on legal entities in amount of one hundred monthly
calculation indices.
2. Commission of the actions by the heads, members of a public association or by
the public association breaching the legislation of the Republic of Kazakhstan, shall –
entail a notification or fine on legal entities in amount of one hundred monthly
calculation indices with the suspension of the activity of a public association for the
term from three to six months.
3. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on legal entities in amount of one hundred fifty monthly calculation
indices with the suspension of the activity of a public association for the term from
three to six months.
4. The action provided by a part two of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, and equally failure
to eliminate the violations provided by a part three of this Article, shall –
entail a fine on legal entities in amount of two hundred monthly calculation
indices with the prohibition of the activity of a public association.
5. Financing of political parties by foreign legal entities and international
organizations, legal entities with foreign participation, state bodies and
organizations, charitable organizations, shall –
entail a fine on civil servants in amount of four hundred, on legal entities – in
amount of two thousand monthly calculation indices, with the confiscation of illegal
donations.
6. Acceptance of illegal donations by a political party, shall –
entail a fine in amount of four hundred monthly calculation indices with the
confiscation of the illegal donations and prohibition of the activity of the political
party.
7. Failure to publish annual accounts on financial activity of a political party
within the terms and volume established by the legislation of the Republic of
Kazakhstan, shall –
entail a fine in amount of two hundred monthly calculation indices with the
suspension of the activity of the political party for the term up to six months.
8. Carrying out of the activity of a political party, its structural subdivisions
(branches and representatives) without reregistration in the cases provided by the
legislation of the Republic of Kazakhstan, shall –
entail a fine in amount of two hundred monthly calculation indices with the
prohibition of the activity of the political party.
9. Management of the activity of public, religious associations not registered in
the manner established by the legislation of the Republic of Kazakhstan, and equally the
activity of which is suspended or prohibited, shall –
entail a fine in amount of one hundred monthly calculation indices.
10. Participation in the activity of public, religious associations not registered
in the manner established by the legislation of the Republic of Kazakhstan, and equally
the activity of which is suspended or prohibited, shall –
entail a fine in amount of fifty monthly calculation indices.
11. Financing of the activity of public, religious associations unregistered in
the manner established by the legislation of the Republic of Kazakhstan, and equally the
activity of which is suspended or prohibited, shall –
entail a fine in amount of two hundred monthly calculation indices.
Article 490. Breach of the legislation of the Republic of
Kazakhstan on religious activity and religious associations 1. Violation of the requirements established by the legislation of the Republic of
Kazakhstan to:
1) conduct of religious customs, ceremonies and (or) meeting;
2) carrying out of charitable activity;
3) entry, release, publication and (or) distribution of the religious literature
and other materials of religious content, subjects of religious destination;
4) construction of cultic buildings (structures), reprofiling (change of
functional purpose) of buildings (structures) into cultic buildings (structures), shall
–
entail a fine on individuals in amount of fifty, on legal entities – in amount of
two hundred monthly calculation indices with the suspension of the activity for the term
of three months.
2. Obstruction of legal religious activity, and equally the violation of civil
rights of individuals on the grounds of relation to the religious or insult of their
religious feelings or desecration of the subjects, structures and places being respected
by the followers of a particular religious, if all the above mentioned actions do not
contain the signs of a criminally punishable act, shall –
entail a fine on individuals in amount of fifty, on civil servants – in amount of
one hundred, on legal entities – in amount of two hundred monthly calculation indices.
3. Carrying out of a missionary work without registration (reregistration), and
equally use of religious literature, informational materials of religious content and
subjects of religious purpose by the missionaries without the favourable conclusion of
the religious examination, the distribution of religious denomination of the religious
associations unregistered in the Republic of Kazakhstan, shall –
entail a fine on citizens of the Republic of Kazakhstan in amount of one hundred
monthly calculation indices, on foreign persons and stateless persons – in amount of one
hundred monthly calculation indices with the administrative expulsion beyond the
Republic of Kazakhstan.
4. Carrying out of the activity by a religious association that is not provided by
its charter, shall –
entail a fine in amount of three hundred monthly calculation indices with the
suspension of the activity for the term up to three months.
5. Engagement in political activity by a religious association, and equally
participation in the activity of political parties and (or) rendering of financial
support, interference in the activity of the state bodies or assumption of the functions
of the state bodies or their civil servants by the members of religious associations,
shall –
entail a fine in amount of three hundred monthly calculation indices with the
suspension of the activity for the term up to three months.
6. Creation of organizational structures of religious associations in the state
bodies, organizations, institutions, as well as public health and educational
organizations, shall –
entail a fine on civil servants in amount of one hundred, on legal entities – in
amount of two hundred monthly calculation indices.
7. Management of a religious association by the person appointed by a foreign
religious centre without coordination with the authorized body, and equally failure to
take measures by a head of the religious association to non-admitting involvement and
(or) participation of minors in the activity of the religious association in case of
objection of one of the parents of the minor or his (her) other legal representatives,
shall –
entail a fine in amount of fifty monthly calculation indices with the
administrative expulsion beyond the Republic.
8. Actions (omission) provided by parts one, two, three, four, five and seven of
this article committed repeatedly second time within a year after imposition of the
administrative sanction, shall –
entail a fine on individuals in amount of two hundred, on civil servants in amount
of three hundred, on legal entities – in amount of five hundred monthly calculation
indices with the prohibition of their activity.
Article 491. Violation of the rules for registration of
the acts of civil status Concealment of the circumstances obstructing marriage, or informing false details
to the civil registry bodies, shall –
entail a fine in amount of five monthly calculation indices.
Article 492. Residence in the Republic of Kazakhstan without
registration or without the documents certifying identity
1. Residence of the citizens of the Republic of Kazakhstan without identity
certificate or with invalid identity certificate or without the registration at the
place of residence for the term from ten calendar days to three months, shall –
entail a notification.
2. Residence of the citizens of the Republic of Kazakhstan without identity
certificate or with invalid identity certificate or without the registration at the
place of residence for the term more than three months, shall –
entail a fine in amount of five monthly calculation indices.
3. The act provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices.
4. Permanent residence of a foreign person or stateless person in the Republic of
Kazakhstan without the registration at the place of residence, or without the residence
permit or without certificate of a stateless person or with invalid residence permit,
certificate of the stateless person for the term more than ten calendar days, as well as
untimely notifying the internal affairs bodies on loss of passport, residence permit or
certificate of the stateless person, shall –
entail a fine in amount of five monthly calculation indices.
5. Acts provided by a part four of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine in amount of fifteen monthly calculation indices.
Article 493. Admission of registering individuals by the owner
of a dwelling place or other persons the authority of which
includes dwelling places, buildings and (or) premises,
that do not live there in fact 1. Admission of registering individuals by the owner of a dwelling place or other
persons the authority of which includes dwelling places, buildings and (or) premises,
that do not live in the dwelling places, buildings and (or) premises belonging to the
owner or being under authority of the other persons, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship – in
amount of twenty monthly calculation indices.
2. The act provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of twenty five, on subjects of large
entrepreneurship – in amount of thirty monthly calculation indices.
3. Failure to take measures by the owner of a dwelling place or other persons the
authority of which includes the dwelling places, buildings and (or) premises on removing
the registration of the individuals registered and not residing in the dwelling places,
buildings and (or) premises belonging to the owner or being under authority of the other
persons, shall –
entail a fine on individuals in amount of three, on subjects of small
entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in
amount of forty monthly calculation indices.
4. The act provided by a part three of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of eighty monthly calculation indices.
Article 494. Illegal confiscation of passports, identity
certificates or taking them in pledge
1. Illegal confiscation of passports, identity certificates or taking them in
pledge from the citizens, shall –
entail a notification or fine in amount of five monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices.
Article 495. Representation of knowingly false details to the
state bodies of the Republic of Kazakhstan upon acceptance of
the documents certifying identity, or upon filing an
application for obtainment of the permission of r a permanent
residence in the Republic of Kazakhstan or on conferment of
citizenship of the Republic of Kazakhstan or restoration of
citizenship of the Republic of Kazakhstan
1. Representation of knowingly false details to the state bodies of the Republic
of Kazakhstan upon receipt of the documents certifying identity, shall –
entail a fine in amount of twenty monthly calculation indices.
2. Representation of knowingly false details to the state bodies of the Republic
of Kazakhstan by a foreign person or stateless person upon filing an application for
obtainment of the permission for a permanent residence in the Republic of Kazakhstan or
on conferment of citizenship of the Republic of Kazakhstan or restoration of the
citizenship of the Republic of Kazakhstan, shall –
entail the administrative expulsion beyond the Republic of Kazakhstan.
Article 496. Breach of the legislation of the Republic
of Kazakhstan on citizenship
1. Use of passport and (or) identity certificate of a citizen of the Republic of
Kazakhstan by a person that lost the citizenship of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of one hundred monthly calculation indices.
2. Failure to report on a fact of acquisition of the foreign citizenship within
the terms established by the legislation of the Republic of Kazakhstan, shall –
entail a fine in amount of two hundred monthly calculation indices or
administrative expulsion beyond the Republic of Kazakhstan.
3. The acts provided by parts one and two of this Article committed by the persons
being at the state service, as well as by the persons carrying out the functions of a
representative of authority or performing organizational and management or
administrative and economic functions in the state bodies, shall –
entail a fine in amount of three hundred monthly calculation indices.
Footnote. Article 496 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 497. Violation of the procedure for representation
of primary statistics 1. Representation of inaccurate primary statistics to the relevant bodies of the
state statistics, shall –
entail a notification.
2. Representation of primary statistics to the relevant bodies of the state
statistics within established term, shall –
entail a fine on individuals in amount of five, on civil servants, subjects of
small entrepreneurship – in amount of seven, on subjects of medium entrepreneurship – in
amount of ten, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
3. The acts provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of seven, on civil servants, subjects of
small entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
Article 498. Refusal, non-representation, untimely
representation, concealment, additions and other deviations
of legal statistics data and special accountings
1. Refusal, non-representation to the state body carrying out the activity in the
field of legal statistics and special accountings, legal statistics data and special
accountings, their representation with the violation of established term, concealment,
additions and other intended deviations of the legal statistics data and special
accountings, and equally obstruction of receiving the legal statistics information and
details of the special accountings in any form, shall –
entail a fine on civil servants in amount of twenty monthly calculation indices.
2. The same actions committed in the field of health care service, shall –
entail a fine on civil servants in amount of two hundred monthly calculation
indices.
Article 499. Violation of the procedure for representing
administrative data
1. Representation of administrative sources of inaccurate administrative data by
civil servants to the authorized body in the field of state statistics, shall –
entail a fine in amount of ten monthly calculation indices.
2. Non- representation of the administrative sources of administrative data by
civil servants to the authorized body in the field of state statistics, shall –
entail a fine in amount of ten monthly calculation indices.
3. The acts provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of fifteen monthly calculation indices.
Article 500. Refusal from conduct of the state statistical
supervision Refusal of civil servants from fulfillment of the state obligations imposed on
them on conduct of statistical supervision or their untimely fulfillment, shall –
entail a notification or fine in amount of ten monthly calculation indices.
Article 501. Loss, sale, transfer or another illegal
divulgation of primary statistics, statistical information
and (or) data bases by a civil servant Loss, sale, transfer or another illegal divulgation of primary statistics,
statistical information and (or) data bases allowing to identify a respondent by the
civil servant of the state statistical bodies, with the exception of cases provided by
Article 8 of the Law of the Republic of Kazakhstan “On state statistics”, if these
actions do not contain the signs of a criminally punishable act, shall –
entail a fine in amount of twenty five monthly calculation indices.
Article 502. Collection of primary statistics in the
unapproved statistical form Collection of primary statistics in the unapproved statistical form, shall –
entail a notification or fine on civil servants in amount of ten monthly
calculation indices.
Article 503. Collection of administrative data in
the uncoordinated form
Collection of administrative data in the uncoordinated form, shall –
entail a notification or fine on civil servants in amount of ten monthly
calculation indices.
Article 504. Violation of established requirements in the scope
of protection of the state secrets, as well as in work with
service classified information
1. Violation of established procedure for access or admission to the state
secrets, shall –
entail a fine in amount of twenty monthly calculation indices.
2. Violation of established requirements on ensuring the secrecy order by the
persons admitted to work with the state secrets or their carriers, if these actions do
not contain the signs of a criminally punishable act, shall –
entail a fine in amount of twenty monthly calculation indices.
3. Unreasonable classification of details and their carriers that are not
subjected to classification, use of the secrecy labels and other restrictive labels for
classifying the details that are not related to the state secrets, if these actions do
not contain the signs of a criminally punishable act, shall –
entail a fine in amount of twenty monthly calculation indices.
4. The actions mentioned in a part three of this Article committed for the purpose
of concealing the violation of legality, shall –
entail a fine in amount of fifty monthly calculation indices.
5. Unreasonable disclosure of details and their carriers constituting the state
secrets, violation of the terms for disclosing the carriers established upon their
classification, with the exception of the cases provided by the legislation on state
secrets, if these actions do not contain the signs of a criminally punishable act, shall
–
entail a fine in amount of twenty monthly calculation indices.
6. Violation of established requirements of working with service classified
information by the persons admitted to it due to professional or service activity that
entailed disclosure or loss of these details, shall –
entail a fine in amount of fifteen monthly calculation indices.
Article 505. Violation of the rules for site improvement of the
territories of cities and inhabited localities, as well as
destruction of infrastructure facilities, destruction and
damage of green plantings of a city and inhabited localities
1. Violation of the rules for site improvement of the territories of cities and
inhabited localities, as well as destruction of infrastructure facilities, destruction
and damage of green plantings of a city and inhabited localities, shall –
entail a notification or fine on individuals in amount of twenty, on subjects of
small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship –
in amount of forty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time within a part one of this Article committed repeatedly second time within a year
after imposition of the administrative sanction, shall –
entail a notification or fine on individuals in amount of twenty, on subjects of
small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship –
in amount of forty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Article 506. Illegal entry to protected objects Illegal entry to the object protected in accordance with the legislation of the
Republic of Kazakhstan by the Service Protection Service, bodies and subdivisions of the
National Security Committee, Internal Affairs Ministry, Ministry of Defence, shall –
entail a fine in amount of fifteen monthly calculation indices or administrative
arrest for the term up to fifteen days.
Article 507. Obstruction of the activity of participants of
the national preventive mechanism
Obstruction of the legal activity of participants of the national preventive
mechanism by a civil servant with the use of official position, and equally interference
to this activity committed by the civil servant with the use of own official position
that entailed essential violation of their rights and legal interests, shall –
entail a fine in amount of forty monthly calculation indices.
Article 508. Divulgence of details on a private life of
a person by participants of the national preventive mechanism
became known to them in the course of preventive visits Divulgence of details on a private life of a person by participants of the
national preventive mechanism became known to them in the course of preventive visits,
without the consent of the person, if these actions do not contain the signs of a
criminally punishable act, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 509. Destruction of documents of the National
archive fund 1. Destruction of documents of the National archive fund, personnel documents
without coordination with the authorized body or local executive body of the oblast,
city of republican significance, the capital, shall –
entail a fine on civil servants, subjects of small entrepreneurship or non-profit
organizations – in amount of ten, on subjects of medium entrepreneurship – in amount of
twenty, on subjects of large entrepreneurship – in amount of forty monthly calculation
indices.
2. The act provided by a part one of this Article committed repeatedly second time
within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants, subjects of small entrepreneurship or non-profit
organizations – in amount of twenty, on subjects of medium entrepreneurship – in amount
of forty, on subjects of large entrepreneurship – in amount of eighty monthly
calculation indices.
Chapter 28. ADMINISTRATIVE INFRACTIONS ENCROACINH ON
ESTABLISHED MANNER OF THE STATE BORDER REGIME OF THE
REPUBLIC OF KAZAKHSTAN AND PROCEDURE FOR STAYING IN A
TERRITORY OF THE REPUBLIC OF KAZAKHSTAN
Article 510. Violation of the frontier regime in a frontier
zone and procedure for staying in separate locations
1. Violation of the frontier regime in a frontier zone upon entry (passage),
temporary staying or movement in the frontier zone:
1) by a citizen of the Republic of Kazakhstan without the documents certifying
identity;
2) by a foreign person or stateless person without the documents certifying
identity, and the passes issued by the internal affairs bodies;
3) by a foreign person (inhabitant of the border districts of neighboring states)
that entered the Republic of Kazakhstan through the simplified checkpoints without the
documents certifying identity, and the pass issued by the National Security Committee of
the Republic of Kazakhstan, and equally change of the route upon transit through the
frontier zone by a foreign person or stateless person on the lines of international
railway and automobile communications to the checkpoint for the purpose of departure
from the Republic of Kazakhstan, shall –
entail a fine in amount of five monthly calculation indices.
2. Carrying out of economic, fishing and other activity, conduct of public and
political, cultural and other measures in a frontier zone without notifying the Frontier
Service of the National Security Committee of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of twenty five, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of seventy five
monthly calculation indices.
3. Entry (passage), temporary staying or movement of a foreign person or stateless
person in a territory of the Republic of Kazakhstan, temporary closed for visiting by
foreign persons and stateless persons without the permission of the Ministry of Foreign
Affairs of the Republic of Kazakhstan and Internal Affairs Bodies, shall –
entail a fine in amount of ten monthly calculation indices.
Article 511. Violation of restrictions established in
a territory of forbidden zone under arsenals, bases and
warehouses of the Armed Forces of the Republic of Kazakhstan,
other forces and military formations of the Republic of
Kazakhstan and the forbidden district under arsenals, bases and
warehouses of the Armed Forces of the Republic of Kazakhstan,
other forces and military formations of the Republic
of Kazakhstan 1. Staying of individuals in a territory of forbidden zone under arsenals, bases
and warehouses of the Armed Forces of the Republic of Kazakhstan, other forces and
military formations of the Republic of Kazakhstan, shall –
entail a fine in amount of ten monthly calculation indices.
2. Construction and conduct of any works, with the exception of the works
performed for the purpose of ensuring counter-sabotage and fire security in a territory
of forbidden zone under arsenals, bases and warehouses of the Armed Forces of the
Republic of Kazakhstan, other forces and military formations of the Republic of
Kazakhstan, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of sixty monthly
calculation indices.
3. Shooting from fire arms, use of pyrotechnical means, as well as arrangement of
shooting ranges, stands and firing ranges in a territory of forbidden district under
arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other
forces and military formations of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of sixty monthly
calculation indices.
Article 512. Violation of the regimes of territorial waters
(sea) and internal waters of the Republic of Kazakhstan
1. Violation of the regimes in territorial waters (sea) and internal waters of the
Republic of Kazakhstan, Kazakhstan’s part of the frontier rivers, lakes and other water
reservoirs being expressed in non-compliance with the established procedure for
accounting, maintenance, leaving the stationing sites and return to the stationing site,
floatation of Kazakhstan’s small size self-propelled and non-propelled (surface and
underwater) vessels (crafts) and vessels (crafts) for overice movement, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of eighty monthly
calculation indices.
2. Carrying out of the fishing, research, prospecting and another activity in
territorial waters (sea) and internal waters of the Republic of Kazakhstan, Kazakhstan’s
part of the waters of the frontier rivers, lakes and other water reservoirs without
permission of the authorized state body with the violation of the procedure established
by the legislation of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of eighty monthly
calculation indices, with the confiscation of transport vehicles and other subjects
being indirect subjects for commission of the administrative infraction.
Article 513. Violation of the regime in checkpoints through
the State border of the Republic of Kazakhstan
1. Violation of the regime in checkpoints through the State Border of the Republic
of Kazakhstan by a citizen of the Republic of Kazakhstan being expressed in non-
compliance with the established procedure for entry to the checkpoints, staying,
movement and departure from them of the persons, transport vehicles, entry, staying,
movement, inflow of cargo and goods, carrying out of economic and another activity,
shall –
entail a fine in amount of five monthly calculation indices.
2. The same actions committed by a foreign person or stateless person, shall –
entail a fine in amount of five monthly calculation indices with the
administrative expulsion beyond the Republic of Kazakhstan.
Article 514. Violation of the regime of the State Border of
the Republic of Kazakhstan 1. Violation of the regime of the State Border of the Republic of Kazakhstan being
expressed in non-compliance with the established procedure for:
1) maintenance of the State Border of the Republic of Kazakhstan (with the
exception of the field of the State Border of the Republic of Kazakhstan on Caspian
sea);
2) crossing the State Border of the Republic of Kazakhstan;
3) pass of the persons, transport vehicles, cargo and goods through the State
Border of the Republic of Kazakhstan;
4) entry, temporary staying, residence, movement in a frontier belt and
performance of flights over the frontier belt;
5) carrying out of economic, fishing or another activity, conduct of public
policy, cultural or another events on the State Border and in a frontier belt, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
2. The actions provided by a part one of this Article committed by a foreign
person or stateless person, shall –
entail a fine in amount of twenty monthly calculation indices with the
confiscation of transport vehicles and other subjects that are direct subjects for
commission of the administrative infraction, or administrative arrest for the term up to
ten days or administrative expulsion beyond the Republic of Kazakhstan.
Article 515. Illegal carriage through the State Border of
the Republic of Kazakhstan
1. Failure to take measures on prevention of illegal entry of persons in a
transport vehicle and its use for illegal crossing the State Border of the Republic of
Kazakhstan by a transport or another organization carrying out international carriage
that entailed the illegal crossing or attempt of illegal crossing the State Border of
the Republic of Kazakhstan by one or several violators, shall –
entail a fine in amount of five hundred monthly calculation indices.
2. Failure to take measures on prevention of illegal entry of persons in a
transport vehicle and its use for illegal crossing the State Border of the Republic of
Kazakhstan by a worker of a transport or another organization carrying out international
carriage, that are included in his (her) official duties, that entailed the illegal
crossing the State Border of the Republic of Kazakhstan, if the mentioned act was not
the aiding in a crime or attempt of illegal crossing the State Border of the Republic of
Kazakhstan by one or several violators, shall –
entail a fine in amount of twenty five monthly calculation indices.
3. Failure to take measures by a person crossing the State Border of the Republic
of Kazakhstan with regard to private affairs on prevention of using the transport
vehicle operated by him (her) by the order person for the illegal crossing the State
Border of the Republic of Kazakhstan that entailed illegal crossing of the State Border
of the Republic of Kazakhstan by one or several violators, shall –
entail a fine in amount of ten monthly calculation indices.
Article 516. Insubordination to legal regulation or requirement
of a military servant due to fulfillment of the obligations on
protection of the State Border of the Republic of Kazakhstan
1. Insubordination to legal regulation or requirement of a military servant due to
fulfillment of the obligations on protection of the State Border of the Republic of
Kazakhstan, shall –
entail a fine in amount of ten monthly calculation indices or administrative
arrest for the term up to five days.
2. The actions provided by a part one of this Article committed repeatedly second
time by a foreign person or person without the citizenship, shall –
entail the administrative arrest for the term up to five days beyond the Republic
of Kazakhstan.
Article 517. Breach of the legislation of the Republic of
Kazakhstan in the field of migration of population by
a foreign person or stateless person 1. Breach of the legislation of the Republic of Kazakhstan in the field of
migration of population by a foreign person or stateless person being expressed in
staying in the Republic of Kazakhstan without registration in the internal affairs
bodies for the term up to three days after expiration of five calendar days established
by the legislation of the Republic of Kazakhstan for registration, shall –
entail a notification.
2. Breach of the legislation of the Republic of Kazakhstan in the field of
migration of population by a foreign person or stateless person being expressed in
staying in the Republic of Kazakhstan without registration in the internal affairs
bodies over the terms provided by a part one of this Article, or residence not at
address mentioned upon registration, and equally in non-compliance with the rules for
the transit passing through the territory of the Republic of Kazakhstan, shall –
entail a fine in amount of fifteen monthly calculation indices or administrative
arrest for the term up to ten days or administrative expulsion beyond the Republic of
Kazakhstan.
3. Breach of the legislation of the Republic of Kazakhstan in the field of
migration of population by a foreign person or stateless person being expressed in non-
departure from the Republic of Kazakhstan within three days after expiration of the term
stated in visa or upon registration in a migration card, shall –
entail a notification.
4. Breach of the legislation of the Republic of Kazakhstan in the field of
migration of population by a foreign person or stateless person or avoidance from the
departure within the period exceeding three days after expiration of the term stated in
visa or upon registration in a migration card, shall –
entail a fine in amount of fifteen monthly calculation indices or administrative
arrest for the term up to ten days or administrative expulsion beyond the Republic of
Kazakhstan.
5. Breach of the legislation of the Republic of Kazakhstan in the field of
migration of population by a foreign person or stateless person being expressed in non-
conformance of carrying out activity to the purposes stated in visa and (or) upon
registration in a migration card, or carrying out of labour activity in the Republic of
Kazakhstan without obtaining the permission for employment when obtainment of such
permission is compulsory condition for carrying out of the labour activity, shall –
entail a fine in amount of twenty five monthly calculation indices or
administrative arrest for the term up to ten days or administrative expulsion beyond the
Republic of Kazakhstan.
6. The actions provided by parts one and three of this Article committed repeated
within a year after imposition of the administrative sanction, shall –
entail a fine in amount of fifteen monthly calculation indices or administrative
expulsion beyond the Republic of Kazakhstan.
7. The acts provided by a part two, four and five of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail the administrative arrest for the term up to fifteen days with
administrative expulsion from the Republic of Kazakhstan.
Article 518. Breach of the legislation of the Republic of
Kazakhstan in the field of migration of population by
individuals or legal entities accepting foreign persons
and stateless persons 1. Failure to take measures on a timely registration of foreign persons and
stateless persons or drawing up of the documents for the right of their staying in the
Republic of Kazakhstan, or their departure from the Republic of Kazakhstan upon expiry
of particular term of staying by an accepting person, shall –
entail a fine on individuals in amount of five, on a civil servant, on subjects of
small entrepreneurship or non-profit organizations – in amount of ten, on subjects of
medium entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship –
in amount of twenty calculation indices.
2. Provision of a dwelling place to a foreign person or stateless person staying
in the Republic of Kazakhstan with the breach of the legislation of the Republic of
Kazakhstan in the field of migration of population or avoidance from departure from the
Republic of Kazakhstan within the established terms, or non-conformance of the actual
residence place to the address stated upon registration, shall –
entail a fine on individuals in amount of ten, on a civil servant, on subjects of
small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of forty calculation indices.
3. The actions provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of fifteen, on a civil servant, on subjects
of small entrepreneurship or non-profit organizations – in amount of twenty five, on
subjects of medium entrepreneurship – in amount of thirty five, on subjects of large
entrepreneurship – in amount of forty five calculation indices.
4. Consummation of the transactions with a foreign person or stateless person
staying in the Republic of Kazakhstan with the breach of the legislation of the Republic
of Kazakhstan in the field of migration of population in non-conformity of the carrying
out activity to the purposes stated in visa or upon registration in a migration card,
shall –
entail a fine on individuals in amount of ten, on a civil servant, on subjects of
small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of fifty calculation indices.
5. The action provided by a part four of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of fifteen, on a civil servant, on subjects
of small entrepreneurship or non-profit organizations – in amount of twenty five, on
subjects of medium entrepreneurship – in amount of thirty five, on subjects of large
entrepreneurship – in amount of forty five calculation indices.
Footnote. Article 518 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 519. Engagement of foreign labour force and labour
immigrants with breach of the legislation of the
Republic of Kazakhstan Footnote. Title of Article 519 is in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V 9shall be enforced from 01.01.2015).
1. Engagement of foreign labour force without permission of the local executive
body or utilization of labour of foreign persons and stateless persons that do not have
employment authorization, shall –
entail a fine on individuals in amount of thirty, on civil servants – in amount of
fifty, on subjects of small entrepreneurship or non-profit organizations – in amount of
one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on
subjects of large entrepreneurship – in amount of one thousand calculation indices.
2. Appointment of a foreign person by an employer to the position (profession or
specialty) that does not conform to the position (profession or specialty) stated in
permission of the local executive body for engagement of foreign labour force, shall –
entail a fine on individuals in amount of thirty, on civil servants – in amount of
fifty, on subjects of small entrepreneurship or non-profit organizations – in amount of
one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on
subjects of large entrepreneurship – in amount of one thousand calculation indices.
3. The actions provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of fifty, on civil servants – in amount of
one hundred, on subjects of small entrepreneurship or non-profit organizations – in
amount of two hundred, on subjects of medium entrepreneurship – in amount of three
hundred, on subjects of large entrepreneurship – in amount of one thousand calculation
indices.
4. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-
V (shall be enforced from 01.01.2015).
5. Engagement of labour immigrants to perform the works (render the services) in a
private household by an employer-individual that are without the relevant permission
issued by the internal affairs bodies, or conclusion of the labour contracts on
performance of works (rendering of services) in a private household by one employer-
individual with more than five labour immigrants at the same time, shall –
entail a fine in amount of thirty monthly calculation indices.
6. The actions provided by a part five of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of fifty monthly calculation indices.
Footnote. Article 519 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 520. Illegal activity on employment of the citizens
of the Republic of Kazakhstan abroad
Carrying out of activity on employment of the citizens of the Republic of
Kazakhstan abroad with the use of improper advertisement or provision of incomplete or
inaccurate information, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of sixty, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of five hundred
monthly calculation indices.
Chapter 29. ADMINISTRATIVE INFRACTIONS IN THE SCOPE
OF CUSTOMS AFFAIRS
Article 521. Violation of the regime of customs control zone
Movement of goods, transport vehicles and persons, including civil servants of the
state bodies (except for customs) through the borders of the customs control zone and
within its borders, as well as carrying out of production and another commercial
activity in this zone without permission of the state revenues body, shall –
entail a fine on individuals, civil servants in amount of ten, on subjects of
small entrepreneurship or non-profit organizations – in amount of fifteen, on subjects
of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship
– in amount of twenty five monthly calculation indices.
Article 522. Violation of the procedure for carrying of the
activity in the scope of customs affairs
Non-compliance by the customs representative, owners of place or temporary storage
warehouse, free or customs warehouse, duty free shop with the conditions and obligations
of such activity in accordance with the Code of the Republic of Kazakhstan “On customs
affairs in the Republic of Kazakhstan” or non-conformance of the premises or territories
intended for establishment of the place or temporary storage warehouse, customs or free
warehouse, duty free shop to the requirements established by the customs legislation of
the Customs Union and (or) the Republic of Kazakhstan, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 523. Violation of the procedure for carrying out of
activity by the customs carrier Non-compliance with the conditions and obligations by a customs carrier provided
by the customs legislation of the Customs Union and (or) Republic of Kazakhstan for
carrying out of such activity, as well as absence or disrepair of the technical
equipment in a transport vehicle, allowing to determine location of such transport
vehicle by the state revenues body, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 524. Non-notification of the state revenues body on
arrival of goods and transport vehicles Non-notification of the state revenues body upon entry of goods and transport
vehicles to the customs territory of the Customs Union on arrival by non-representation
of the documents in accordance with the customs legislation of the Customs Union and
(or) the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship – in
amount of twenty five monthly calculation indices.
Article 525. Violation of the procedure for departure of
goods and transport vehicles
Violation of the procedure for departure of goods and (or) transport vehicles from
the customs territory of the Customs Union without the permission of the state revenues
bodies of the Republic of Kazakhstan, as well as non-representation of the documents for
departure in accordance with the customs legislation of the Customs Union and (or) the
Republic of Kazakhstan, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship or non-profit organizations – in amount of ten, on subjects of
medium entrepreneurship – in amount of fifteen, on subjects of large entrepreneurship –
in amount of twenty five monthly calculation indices.
Article 526. Failure to take measures in case of accident
or force majeure circumstances
Failure to take measures in case of accident or force majeure circumstances for
ensuring preservation of goods and transport vehicles, failure to notify these
circumstances, location of such goods and transport vehicles to the nearest state
revenues body, or failure to ensure their carriage to the nearest state revenues body or
another place determined by the state revenues body, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of fifteen, on subjects of
medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship –
in amount of twenty five monthly calculation indices.
Article 527. Failure to represent goods and transport vehicles
at the place of delivery
Failure to represent goods and transport vehicles at the place of delivery and
failure to deliver them to the state revenues body of the Republic of Kazakhstan, shall
–
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of fifteen, on subjects of
medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship –
in amount of twenty five monthly calculation indices.
Article 528. Issuance without permission of the state revenues
body of the Republic of Kazakhstan, loss or non-delivery of
goods, transport vehicles and documents on them to the state
revenues body of the Republic of Kazakhstan
1. Issuance without permission of the state revenues body of the Republic of
Kazakhstan, loss or non-delivery of goods, transport vehicles being under the customs
control to the place of delivery determined by the state revenues body, shall –
entail a fine in amount of forty monthly calculation indices with the confiscation
of goods and transport vehicles being the indirect subjects for commission of the
administrative infraction.
2. Non-delivery of the customs or other documents on goods and transport vehicles
being under the customs control accepted for delivery to the state revenues body, shall
–
entail a fine in amount of twenty monthly calculation indices.
3. Non-compliance with the term for delivering goods, transport vehicles and
documents on them established by the state revenues body, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 529. Failure to stop transport vehicle Failure to stop the transport vehicle going through the customs border of the
Customs Union, as well as transport vehicle moving through the customs border of the
Customs Union as the goods, at the places determined by the state revenues body of the
Republic of Kazakhstan, with the exception of cases when such failure to stop is caused
by technical defect of the transport vehicle or force majeure circumstances, shall –
entail a fine in amount of ten monthly calculation indices.
Article 530. Dispatch of a transport vehicle without permission
of the state revenues body of the Republic of Kazakhstan Dispatch of a transport vehicle being under the customs control or transport
vehicle moved through the customs border of the Customs Union as the goods, from the
place of its parking without permission of the state revenues body of the Republic of
Kazakhstan, shall –
entail a fine in amount of ten monthly calculation indices.
Article 531. Violation of the procedure for commission of
the customs operations linked with putting the goods under
the customs procedure, and customs clearance of goods Violation of the procedure for commission of the customs operations linked with
putting the goods under the customs procedure, and customs clearance of goods, i.e.
failure to comply with the requirements established by the customs legislation of the
Customs Union and (or) the Republic of Kazakhstan on putting the goods under the customs
procedure, place and time of commission of the customs operations, as well as conditions
for putting separate categories of goods under the customs procedure, with the exception
of cases provided by other Article of this chapter, shall –
entail a fine in amount of twenty five monthly calculation indices.
Article 532. Unlawful operations, change of the state,
use and (or) disposal of goods in respect of which the
customs clearance is not completed
1. Conduct of operations, change of the state, use and (or) disposal of goods in
respect of which the customs clearance is not completed, in violation of the
requirements and conditions established by the customs legislation of the Customs Union
and (or) the Republic of Kazakhstan, with the exception of the cases provided by the
other Articles of this chapter, shall –
entail a fine in amount of twenty five monthly calculation indices with the
confiscation of the transport vehicles being indirect subjects for commission of the
administrative infraction, or without such.
2. The actions provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of forty five monthly calculation indices with the
confiscation of the transport vehicles being indirect subjects for commission of the
administrative infraction, or without such.
Article 533. Conduct of cargo and other operations with the
goods being under the customs control without permission
of the state revenues body Transportation, loading, unloading, transshipment, correction of damages to
packing, packing, repacking or acceptance for transfer of the goods and transport
vehicles being under the customs control, taking samples and examples of such goods,
opening of premises, capacities and other places where the mentioned goods and transport
vehicles may be located, or the change of a transport vehicle of international carriage
carrying the goods being under the customs control without the permission of the state
revenues body or notification, shall –
entail a fine in amount of twenty five monthly calculation indices.
Article 534. Destruction, removal, change or exchange
of the mends of identification
1. Destruction, removal, change or exchange of the mends of identification used by
the state revenues bodies, including foreign states without the permission of the state
revenues body, or damage or loss of such means of identification, shall –
entail a fine in amount of twenty monthly calculation indices.
2. The acts provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of forty monthly calculation indices.
Article 535. Violation of the procedure for the customs
declaring of goods
Violation of the procedure for the customs declaring of goods by a declarant and
(or) customs representative, i.e. non-compliance with the requirements on procedure for
filling the customs bill and customs declaring established by the customs legislation of
the Customs Union and (or) the Republic of Kazakhstan, including preliminary incomplete,
periodical and temporary customs declaring the goods at the place of the customs
declaring the goods, with the exception of cases provided by the other Articles of this
chapter, shall –
entail a fine in amount of twenty five monthly calculation indices.
Note. The person shall not be subject to bringing to the administrative liability
provided by this Article in the following cases, upon:
1) change of the goods code upon revision of decisions on classifying the goods
after their release in the case when the fact of incorrect classifying the goods by a
civil servant of the state revenues body is established before release of the goods;
2) elimination of the violations on an individual basis detected on the basis of
the results of cameral customs inspection within ten business days from the date
following the date of issuing a notification to the inspected person on elimination of
the violations based on the results of the cameral customs inspection;
3) detection and voluntary elimination of the violations on an individual basis
within one year after release of the goods before beginning of conducting the field
customs inspection.
Footnote. Article 535 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 269-V (shall be enforced from 01.01.2015).
Article 536. Violation of the procedure for carrying out
the activity in the scope of the customs affairs by
a customs representative 1. Carrying out of the activity by a customs representative in the scope of the
customs affairs in behalf of a third party without conclusion of the civil law contract
with the third person or upon expiry of the contract’s validity term or after its
dissolution, shall –
entail a fine in amount of thirty monthly calculation indices.
2. The action provided by a part one of this Article committed by a customs
representative repeatedly second time within a year, shall –
entail a fine in amount of fifty monthly calculation indices.
Article 537. Violation of the procedure for carrying out
the activity in the scope of the customs affairs
by the authorized economic operator
Non-compliance with the requirements by the authorized economic operator provided
by the customs legislation of the Customs Union and (or) the Republic of Kazakhstan for
carrying out of such activity, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 538. Violation of the terms for filing the customs
bill, documents and details
Failure to represent the customs bill, documents and details to the state revenues
body within established terms upon customs declaring of goods, with the exception of
cases provided by the other Articles of this chapter, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 539. Failure to represent reporting to the state
revenues body of the Republic of Kazakhstan or representation
of inaccurate reporting and non-compliance with the procedure
for maintaining of records
Failure to represent reporting on imported, exported, declared, incoming, stored,
processed, produced, acquired and sold goods being under the customs control or in a
territory of free customs zones by a customs carrier, customs representative, owners of
the place or warehouse of temporary storage, customs or free warehouse, duty free shop,
authorized economic operators declarants in the manner and in terms determined by the
customs legislation of the Customs Union and (or) the Republic of Kazakhstan, or
representation of inaccurate reporting to the state revenues body, and equally non-
compliance with the procedure for maintaining of records of such goods, shall –
entail a fine in amount of twenty five monthly calculation indices.
Article 540. Violation of the procedure for placing goods
for storage, procedure for their storage and conduct
of operations with them Violation of the procedure for placing goods for storage, procedure for their
storage established by the customs legislation of the Customs Union and (or) the
Republic of Kazakhstan, terms for storage on the customs warehouse, procedure for
transfer of goods from one warehouse to another, and equally the conduct of operations
with the goods on the customs warehouses, temporary storage warehouses and free
warehouses, shall –
entail a fine in amount of twenty five monthly calculation indices.
Article 541. Violation of the terms of temporary
storage of goods
Violation of the terms of temporary storage of goods established by the customs
legislation of the Customs Union and (or) the Republic of Kazakhstan, shall –
entail a fine in amount of fifty monthly calculation indices with the confiscation
of goods or without such.
Article 542. Violation of the procedure for processing of goods
and exchange of the products after processing 1. Violation of the procedure for processing of goods, i.e. non-compliance with
the requirements, restrictions and conditions for provision of the obligation on
conditions of processing of goods, procedure and terms for the processing, quantity of
product yield after processing, conduct of operations on processing of such goods
established by the customs legislation shall –
entail a fine in amount of fifty monthly calculation indices.
2. Violation of established procedure for replacing the products after processing
of domestic goods by other goods, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 543. Failure to terminate the customs procedure
within established terms 1. Failure to terminate the customs procedure within established terms in respect
of which the requirement on its termination is established, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices, with the confiscation of transport vehicles being direct subjects
for commission of the administrative infraction.
2. Failure to remove the temporary imported goods and (or) transport vehicles from
the customs territory of the Customs Union by individuals within established terms for
temporary import, shall –
entail a fine in amount of fifteen monthly calculation indices.
3. Representation of invalid documents, documents received by illegal means, or
the documents related to the other goods and transport vehicles to the state revenues
body of the Republic of Kazakhstan as confirmation of the return export or import or
impossibility of that by the reasons of destruction or loss of the goods and transport
vehicles due to accident or force majeure circumstances, natural deterioration or
decrease or their withdrawal from disposal due to unlawful actions of the bodies and
civil servants of a foreign state, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of fifty monthly calculation indices, with the confiscation of transport
vehicles being direct subjects for commission of the administrative infraction.
Article 544. Unlawful operations, change of state, use and (or)
disposal of goods and transport vehicles put under particular
customs procedure Conduct of operations, change of the state, use and (or) disposal of goods and
transport vehicles not in accordance with their customs procedure, and equally transfer
of the right to use the customs procedure by transferring the rights of possession, use
or disposal in respect of the goods to the other person without permission of the state
revenues body if this decision is compulsory, if it is allowed in accordance with the
customs procedure, shall –
entail a fine on individuals in amount of twenty monthly calculation indices, with
the confiscation of the transport vehicles being direct subjects for commission of the
administrative infraction with the exclusion of the persons carrying out the activity in
the scope of customs affairs from the relevant register.
Article 545. Non-compliance with the procedure for
applying prohibitions and restrictions upon movement of
goods and transport vehicles through the customs border
of the Customs Union Movement of goods and transport vehicles through the customs border of the Customs
Union with non-compliance with prohibitions and restrictions established by the customs
legislation of the Customs Union and (or) the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship or non-profit organizations in amount of twenty, on subjects of medium
entrepreneurship in amount of thirty, on subjects of large entrepreneurship in amount of
fifty monthly calculation indices, with the confiscation of goods and transport vehicles
being direct subjects for commission of the administrative infraction or without such.
Article 546. Movement of goods and transport vehicles through
the customs border of the Customs Union by individuals with the
violation of the procedure for movement of the goods for
personal use established by the customs legislation of the
Customs Union and (or) the Republic of Kazakhstan Failure to declare goods and (or) transport vehicles by individuals according to
established form for the personal use subjected to the customs declaring, with the
exception of the cases provided by Article 547 of this Code, shall –
entail a fine in amount of ten monthly calculation indices.
Article 547. Violation of the procedure for movement of
goods in international postal matters
Violation of the procedure for movement of goods in the international postal
matters established by the customs legislation of the Customs Union and (or) the
Republic of Kazakhstan, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
Article 548. Movement of goods and transport vehicles
through the customs border of the Customs Union
besides the customs control
1. Movement of goods and transport vehicles through the customs border of the
Customs Union besides the customs control, i.e. outside the places for movement of the
goods through the customs border of the Customs Union determined by the state revenues
bodies of the Republic of Kazakhstan or outside the established work time of the state
revenues bodies of the Republic of Kazakhstan in the specified places, in the absence of
the signs of a crime, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in
amount of one hundred, on subjects of large entrepreneurship – in amount of two hundred
monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of twenty five, on subjects of small
entrepreneurship – in amount of fifty, on subjects of medium entrepreneurship – in
amount of two hundred, on subjects of large entrepreneurship – in amount of three
hundred monthly calculation indices, with the confiscation of the goods and transport
vehicles being direct subjects for commission of the administrative infraction, or
without such.
Article 549. Concealment of goods from the customs control
moved through the customs border of the Customs Union
Concealment of goods from the customs control moving or being moved through the
customs border of the Customs Union, as well as with the use of hiding places or other
methods obstructing detection of the goods, or forming one goods as the others, shall –
entail a fine in amount of twenty five monthly calculation indices, with the
confiscation of goods being direct objects of the infraction, or without such, as well
as confiscation of goods and transport vehicles with the specially produced hiding
places used for movement through the customs border of the Customs Union with the
concealment of the goods and subjects being direct subjects for commission of the
administrative infraction.
Article 550. Movement of goods and transport vehicles through
the customs border of the Customs Union with the fraudulent
use of documents or means of identification
Movement of goods and transport vehicles through the customs border of the Customs
Union, as well as placement of the goods under the customs procedure of the customs
transit or in temporary storage warehouse with representation of invalid documents to
the state revenues body as the documents required for the customs purposes, as well as
that may serve as the ground for non-compliance with the prohibitions and restrictions,
documents received on illegal basis, documents containing inaccurate details, or the
documents related to the other goods and transport vehicles, as well as use of the
forged means of identification or original means of identification related to the other
goods and transport vehicles, with the exception of cases provided by Article 555 of
this Code, shall –
entail a fine in amount of twenty monthly calculation indices with the
confiscation of goods and transport vehicles being direct subjects for commission of the
administrative infraction.
Article 551. Failure to declare or inaccurate customs declaring
of goods, cash money, circular checks or certified securities
1. Failure to declare or inaccurate customs declaring of goods moving or being
moved through the customs border of the Customs Union, i.e. failure to apply in
established form or applying of inaccurate details on goods, on selected customs
procedure, customs value or country of origin of the goods or applying the other
inaccurate details by a declarant, customs representative, authorized economic operator
in the customs bill and other documents required for the customs purposes, giving a
ground for release from paying the customs payments, taxes, special, anti-dumping,
compensation duties or decrease of their amount, with the exception of the cases
provided by the other Articles of this chapter, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship or non-profit organizations – in amount of fifty, on subjects of medium
entrepreneurship – in amount of eighty, on subjects of large entrepreneurship – in
amount of one hundred fifty monthly calculation indices.
2. The acts provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of sixty, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of one hundred sixty, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices, with the
confiscation of the goods and transport vehicles being direct subjects for commission of
the administrative infraction.
3. Failure to declare or inaccurate declaring foreign currency in cash, currency
in cash of the Republic of Kazakhstan, circular checks or certified securities moving
through the customs border of the Customs Union and subjected to written declaring by
individuals, shall –
entail a fine in amount of ten monthly calculation indices.
Note. The person shall not be subject to bringing to administrative liability
provided by this Article in the following cases, upon:
1) change of the goods code upon revision of decisions on classifying the goods
after their release in the case when the fact of incorrect classifying the goods by a
civil servant of the state revenues body is established before release of the goods;
2) elimination of the violations on an individual basis detected on the basis of
the results of cameral customs inspection within ten business days from the date
following the date of issuing a notification to the inspected person on elimination of
the violations based on the results of the cameral customs inspection;
3) detection and voluntary elimination of the violations on an individual basis
within one year after release of the goods before beginning of conducting the field
customs inspection.
Footnote. Article 551 as amended by the Laws of the Republic of Kazakhstan dated
29.12.2014 No. 269-V (shall be enforced from 01.01.2015); dated 08.06.2015 No. 317-V
(shall be enforced upon expiry of thirty calendar days after the date of its first
official publication).
Article 552. Transportation, storage, acquisition, use or
disposal of goods and transport vehicles imported to the
customs territory of the Customs Union with the violation
of the customs rules 1. Transportation, storage, acquisition, use or disposal of goods and transport
vehicles imported to the customs territory of the Customs Union besides the customs
control or with avoidance from such control, or with the fraudulent use of documents or
means of identification, or non-declared or declared inaccurately, and equally
transportation, storage, acquisition of goods and transport vehicles in respect of which
the customs privileges are represented in a part of the customs payments and taxes used
or alienated without the permission of the state revenues body of the Republic of
Kazakhstan in other purposes than those in connection with which such privileges were
represented, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of twenty five, on subjects of large
entrepreneurship – in amount of thirty five monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of fifty monthly calculation indices with the confiscation
of the goods and transport vehicles that are direct subjects for commission of the
administrative infraction, or without such.
Article 553. Violation of the procedure for use and (or)
disposal of goods being restricted in use and (or) disposal,
as well as conditionally released goods and transport vehicles Use and (or) disposal of goods being restricted in use and (or) disposal, as well
as conditionally released goods and transport vehicles in other purposes than those
provided by the customs legislation of the Republic of Kazakhstan, as well as in
connection of which such privileges were provided, shall –
entail a fine in subjects of small entrepreneurship or non-profit organizations –
in amount of two hundred, on subjects of medium entrepreneurship – in amount of four
hundred, on subjects of large entrepreneurship – in amount of one thousand monthly
calculation indices.
Article 554. The actions oriented to return of the paid customs
payments and taxes without proper grounds, receipt of payments
and other compensations or their non-return
Representation of documents to the state revenues body of the Republic of
Kazakhstan containing inaccurate details giving the right to return of the paid customs
payments, receipt of payments and other compensations or their non-return or return not
in full volume without the proper grounds, if these actions do not contain the signs of
a criminally punishable act, shall –
entail a fine on legal entities in amount up to two hundred fifty monthly
calculation indices.
Article 555. Violation of the terms for payment of the customs
payments, taxes, special, anti-dumping, compensation duties
Footnote. Title of Article 555 as amended by the Law of the Republic of Kazakhstan
dated 08.06.2015 No. 317-V (shall be enforced upon expiry of thirty calendar days after
the date of its first official publication).
Non-payment of customs payments, taxes, special, anti-dumping, compensation duties
by payers, as well as the persons having a status of the customs representative,
authorized economic operator within established terms, and equally non-payment in the
cases of violation of the terms for filing the customs bill upon use of conditionally
release goods in other purposes than those in connection with which the release from
paying the customs duties for main customs declaring, customs payments, taxes, special,
anti-dumping, compensation duties was provided, as well as upon putting the goods under
the customs procedures, providing periodical payment of the customs payments, taxes,
special, anti-dumping, compensation duties, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty five, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of fifty monthly calculation indices.
Footnote. Article 555 as amended by the Law of the Republic of Kazakhstan dated
08.06.2015 No. 317-V (shall be enforced upon expiry of thirty calendar days after the
date of its first official publication).
Article 556. Failure to fulfill the requirements of the state
revenues body of the Republic of Kazakhstan on payment of the
sums owed of the customs payments, taxes and late fees
within established terms Failure to fulfill the requirements of the state revenues body on payment of the
sums owed of the customs payments, taxes and late fees within established terms by bank,
insurance organization, guarantor in the cases of non-fulfillment of the obligation by a
payer to pay the customs payments and taxes upon applying the methods for ensuring the
payment of the customs payments and taxes, shall –
entail a fine on subjects of small entrepreneurship or non-profit organizations in
amount of twenty, on subjects of medium entrepreneurship – in amount of forty, on
subjects of large entrepreneurship – in amount of fifty monthly calculation indices.
Article 557. Non-execution of the decisions of the state
revenues bodies of the Republic of Kazakhstan by banks and
organizations carrying out separate types of banking operations
Non-execution of the decisions of the state revenues bodies on recovery of the
customs payments, taxes and late fees or on suspension of the debit operations on
accounts of a payer of the customs payments, taxes and late fees due to the fault of
banks and organizations carrying out separate types of banking operations, shall –
entail a fine on legal entities in amount of two hundred fifty monthly calculation
indices.
Article 558. Non-performance of the requirements of the state
revenues bodies of the Republic of Kazakhstan
Non-performance of the requirements of the state revenues bodies and their civil
servants upon carrying out the customs declaring, customs search, inspection of the
customs bill, customs inspection, conduct of cargo-handling and other operations with
the goods and transport vehicles, as well as the other requirements required for the
customs control by the persons carrying out the activity in the scope of the customs
affairs and by other persons established by the customs legislation of the Customs Union
and (or) the Republic of Kazakhstan, shall –
entail a fine in amount of fifty monthly calculation indices.
Chapter 30. ADMINISTRATIVE INFRACTIONS IN A TRANSPORT,
IN ROAD FACILITIES
Article 559. Violation of the rules ensuring safety
of railway traffic
1. Violation of the rules of transit of horse-drawn carriage (sleighs) and driving
of baggage, riding animals and livestock through the railway lines, cattle grazing in a
railroad precinct, shall –
entail a notification or fine in amount of five monthly calculation indices.
2. Damage of railway lines, shelter forests, snow fences and other track
facilities, structures and signaling arrangement and communication devices, shall –
entail a fine on individuals in amount of five, on legal entities – in amount of
twenty monthly calculation indices.
3. Non-compliance with the established gauges upon loading and unloading of cargo,
shall –
entail a fine on individuals in amount of five, on legal entities – in amount of
fifteen monthly calculation indices.
4. Laying, dropping or leaving subjects on the railway lines that may cause
violation of the train traffic, shall –
entail a fine in amount of twenty monthly calculation indices.
5. Passage on the railway lines in undesignated areas, shall –
entail a notification or fine in amount of three monthly calculation indices.
6. Violation of the requirements of the legislation of the Republic of Kazakhstan
on railway transport committed upon:
1) maintenance of the station and main lines of railway network and railway
approaching lines;
2) maintenance, operation and repair of a rolling stock, technical means, railway
artificial structures oriented to safety ensuring of railway traffic, shall –
entail a fine on individuals in amount of three, on civil servants – in amount of
seven, on subjects of small entrepreneurship – in amount of eight, on subjects of medium
entrepreneurship – in amount of ten, on subjects of large entrepreneurship – in amount
of thirty monthly calculation indices.
7. Violation of the rail safety rules that entailed damage of a railway rolling
stock to the state that may not be restored, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
8. Violation of the rail safety rules in result of which the rolling stock is
damaged in the volume that requires its uncoupling and repairing, shall –
entail a fine on subjects of small entrepreneurship in amount of thirty, on
subjects of medium entrepreneurship – in amount of seventy, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices.
9. Failure to represent information on committed security violations on railway
lines to the authorized body by participants of a carriage process within the terms
established by the rail safety rules, shall –
entail a fine on civil servants in amount of twenty monthly calculation indices.
Article 560. Violation of the rules for use of the means
of railway transport
1. Illegal transit in freight trains, boarding and unloading on the way, transit
on a footboard and roofs of wagons, illegal stop of train without necessity, shall –
entail a fine on individuals in amount of five monthly calculation indices.
2. Discharge of rubbish and other subjects from windows and doors of the wagons of
trains, illegal opening of the outer doors during train traffic, shall –
entail a notification or fine on individuals in amount of three monthly
calculation indices.
Article 561. Operation of a railway rolling stock without
the state registration or re-registration
1. Operation of a railway rolling stock without the state registration or re-
registration in the authorized body, shall –
entail a fine on individuals in amount of two, on subjects of small
entrepreneurship – in amount of five, on subjects of medium entrepreneurship – in amount
of seven, on subjects of large entrepreneurship – in amount of twenty monthly
calculation indices.
2. The action (omission) provided by a part one of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of seven, on subjects of medium entrepreneurship – in
amount of ten, on subjects of large entrepreneurship – in amount of thirty monthly
calculation indices.
Article 562. Damage of transport public transport vehicles
and their internal equipment
Damage of public transport vehicles, specifically passenger wagons and locomotives
on a railway transport, vessels on marine and river transport, buses, trolleys, trams,
as well as damage of their internal equipment, shall –
entail a fine on individuals in amount of ten monthly calculation indices.
Article 563. Violation of the procedure for use of the air
space of the Republic of Kazakhstan
1. Violation of the procedure for use of the air space of the Republic of
Kazakhstan, specifically flights of aerial vessels and other flight vehicles, conduct of
all the types of shootings, rocket launching, explosive works and carrying out of
another activity linked with the movement of material objects in the air space of the
Republic of Kazakhstan committed in the form of:
1) carrying out the activity without representation of the flight plan (upon
flights in uncontrollable air space without notifying) and (or) without permission for
carrying out of the activity constituting a security threat of the flights of aerial
vehicles;
2) flight of the group of aerial vehicles, the number of which exceeds the number
stated in the permission;
3) non-compliance with the regimes of using the air space by aerial vehicles;
4) landing of aerial vehicles on aerodrome that is not stated in the flight plan,
except for the cases of forced landing and direction to the alternate aerodrome;
5) flight of the aerial vehicle without permission of the Ministry of defence of
the Republic of Kazakhstan over the territory of forbidden zone and restricted area;
6) non-compliance with vertical, longitudinal, lateral separation, off-airway
clearance, local air lines, lane axis by aerial vehicles in the distance that is more
than established standards, with the exception of the cases of obvious security threat
of flights and prevention of the aviation accidents;
7) non-execution of commands of the bodies of air traffic service or air traffic
control by users of the air space, with the exception of obvious security threat of
flights and prevention of the aviation accidents, shall –
entail a fine on individuals in amount of ten, on civil servants – in amount of
twenty monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of fifteen, on civil servants – in amount
of twenty five monthly calculation indices, with the confiscation of the subject that
was an instrument for commission of the infraction.
Article 564. Violation of the flight safety rules
1. Placement of any signs and devices in the area of aerodrome being similar to
the identification marks and devices being accepted for aerodrome identification, or
firing of pyrotechnic products without the permission of the administration of airport,
aerodrome, or installation of the objects that promote mass gathering of birds being
dangerous for flights of aerial vehicles, shall –
entail a fine on individuals in amount of ten, on civil servants – in amount of
twenty monthly calculation indices.
2. Failure to comply with the rules on placement of the night and day
identification marks or devices on buildings and structures, shall –
entail a fine on individuals in amount of ten, on civil servants – in amount of
twenty monthly calculation indices.
3. Damage of the aerodrome equipment, aerodrome signs, aerial vehicles and their
equipment, shall –
entail a fine on individuals in amount of fifty monthly calculation indices.
4. Passage or transit without the proper permission through the territory of
airports (except for airport terminals), aerodromes, objects of radio and light supply
of the flights, shall –
entail a fine on individuals in amount of one monthly calculation indices.
5. Violation of the flight safety rules of aerial vehicle by a passenger, if this
act created the situation threatening the flight safety, shall –
entail a fine on individuals in amount of two hundred monthly calculation indices
or administrative arrest for the term up to fifteen days.
Article 565. Work permit to the aviation personnel that
did not pass professional training or that does not
have the relevant qualification Work permit to the aviation personnel that did not pass professional training or
that does not have the relevant qualification, shall –
entail a fine on civil servants in amount of forty, on legal entities – in amount
of sixty monthly calculation indices.
Article 566. Violation of the rules of conduct
on aerial vehicle
1. Violation of the rules of conduct on aerial vehicle committed in the form of
non-execution of the regulations of a commander of aerial vehicle or other crew members
by a person being on the aerial vehicle, if the acts of this person do not create
security threat of the flight, shall –
entail a fine in amount of three monthly calculation indices.
2. Use of the services of cellular, trunking communications on board of aerial
vehicle at the all stages of flight, of radio electronic means and high frequency
devices of household purpose at the stage of taxing operation, drifting up, landing
approach of the aerial vehicle, shall –
entail a notification or fine in amount of five monthly calculation indices.
3. The acts provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices.
Article 567. Non-fulfillment or improper fulfillment of the
obligations by a carrier on rendering of services to a
passenger upon cancellation or delay of flight due to the fault
of the carrier or delay, cancellation of the flight due to late
arrival of aerial vehicle, route change of carriage 1. Non-fulfillment or improper fulfillment of the obligations by a carrier
provided by the legislation of the Republic of Kazakhstan on use of air space of the
Republic of Kazakhstan and activity of aviation on rendering of services to a passenger
upon cancellation or delay of flight due to the fault of the carrier or delay,
cancellation of the flight due to late arrival of aerial vehicle, route change of
carriage, shall –
entail a fine in amount of two hundred monthly calculation indices.
2. The action (omission) provided by a part one of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail a fine in amount of one thousand monthly calculation indices.
Article 568. Intended concealment of aviation
accident or incident Intended concealment of aviation accident, incident or details on them or
deviation of information, or damage or destruction of the aircraft or ground facilities
of objective control or other evidential matters linked with the aviation accident or
incident, shall –
entail a fine on individuals in amount of twenty, on civil servants – in amount of
thirty, on legal entities – in amount of one hundred monthly calculation indices.
Article 569. Violation of the safety rules for operation
of aerial vehicles
1. Violation of the procedure for access to performance of flights of aerial
vehicles or the rules for training and performance of the flights, with the exception of
the cases provided by parts two, three, four, five, six, seven and eight of this
Article, if these actions carelessly entailed infliction of light harm to health of an
injured party, shall –
entail a fine on individuals in amount of thirty monthly calculation indices with
the deprivation of the right to operate the aerial vehicle (air traffic service,
technical maintenance of aerial vehicle) for the term of six months, on civil servants –
in amount of thirty, on legal entities – in amount of fifty monthly calculation indices.
2. Take off on aerial vehicle in existence of the defects with which it is
prohibited to begin the flight operations without the permission of the authorized body,
or with the violation of the passenger capacity (cargo capacity) standards or of the
restrictions on flying weight or aircraft center-of-gravity, shall –
entail a fine on a commander of the aerial vehicle in amount of forty monthly
calculation indices or deprivation of the right to operate the aerial vehicle for the
term of one year.
3. Operation of the aerial vehicle by a person that does not have the right of its
operation, shall –
entail a fine in amount of forty monthly calculation indices.
4. Operation of the aerial vehicle that did not pass the state registration or
that does not have the state and registering identification marks, or that is not
recorded in the authorized body in the scope of civil aviation, or having knowingly
false state and registering identification marks, shall –
entail a fine on a commanding officer of the aerial vehicle in amount of forty
monthly calculation indices or deprivation of the right to operate the aerial vehicle
for the term of one year.
6. Operation of the aerial vehicle on which there are no vehicle and flight
documents provided by the legislation of the Republic of Kazakhstan, or operation of the
aerial vehicle by a flight crew member that does not have the documents for the right to
operate this type of the aerial vehicle, shall –
entail a fine in amount of forty monthly calculation indices.
6. Permit to flight of the aerial vehicle that did not pass the state registration
or that does not have the state and registering identification marks, or that is not
recorded in the authorized body in the scope of civil aviation, or that has the
knowingly false state and registering identification marks, or on which there are no
vehicle and flight documents provided by the legislation of the Republic of Kazakhstan,
or where the air or cabin crew is not staffed, or that has defects with which it is
prohibited to operate it without the permission issued by the authorized body, or on
which the passenger capacity (cargo capacity) standards are violated or restrictions on
flying weight or aircraft center-of-gravity, and equally permit to servicing or
servicing of the aerial vehicle by the person that has no the right to that or being in
a state of intoxication, shall –
entail a fine on individuals and civil servants in amount of forty, on legal
entities – in amount of one hundred monthly calculation indices.
7. Performance of flights by aerial vehicles on the board of which there are no
search and emergency-rescue means provided by the legislation of the Republic of
Kazakhstan, shall –
entail a fine on individuals and civil servants in amount of forty, on legal
entities – in amount of one hundred monthly calculation indices.
8. Damage or loss of aviation personnel certificate, shall –
entail a fine on individuals in amount of twenty monthly calculation indices.
Article 570. Violation of the requirements of aviation security 1. Violation of the rules of aviation security, shall –
entail a fine on legal entities in amount of one hundred monthly calculation
indices.
2. Failure to take measures on maintenance of the fences of the territory
perimeter of airport, aerodrome, if these actions did not entail the aviation accident
or incident, shall –
entail a fine on legal entities in amount of four hundred monthly calculation
indices.
Article 571. Violation of the rules of carriage of passengers,
luggage and cargo
1. Violation of the rules of international carriage of passengers, luggage and
cargo, with the exception of carriage by automobile transport, shall –
entail a fine in amount of fifty monthly calculation indices.
2. Violation of the rules of carriage of passengers, luggage and cargo by
automobile transport, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of fifteen, on subjects of large entrepreneurship – in amount of twenty five monthly
calculation indices.
3. The actions provided by a part two of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of fifteen, on
subjects of medium entrepreneurship – in amount of twenty, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices.
Footnote. Article 571 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 572. Violation of the regime of labour and rest of
drivers upon carrying out of automobile carriage
of passengers, luggage or cargo
1. Operation of mechanical transport vehicles without the control devices for
recording the regimes of labour and rest of drivers (tachographs) or with such properly
operating devices being turned off or with unfilled diagram sheets, or with application
of previously used diagram sheets or without the use of electronic cards in case of
applying electronic (digital) tachographs, and equally without maintenance of the daily
registry sheets of the regime of labour and rest of the drivers (in case of defect of
the control device) upon carrying out of:
1) automobile carriage of hazardous cargo;
2) international automobile carriage of passengers, luggage and cargo;
3) inter-city, inter-oblast, regular and intra-district automobile carriage of
passengers, luggage;
4) international, inter-oblast, inter-district (international intra-oblast) non-
scheduled automobile carriage of passengers and luggage, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship
– in amount of fifty monthly calculation indices.
2. Violation of the regime of labour and rest by the drivers of mechanical
transport vehicles upon carrying out of automobile carriage of passengers, luggage or
cargo, shall –
entail a fine in amount of ten monthly calculation indices.
Article 573. Violation of the Rules for applying the
authorization system of automobile carriage in the
Republic of Kazakhstan in international traffic
1. Carrying out of international automobile carriage by foreign persons or foreign
legal entities in a territory of the Republic of Kazakhstan without the permit or
special permit in the cases provided by the legislation of the Republic of Kazakhstan on
automobile transport, shall –
entail a fine on drivers of mechanical transport vehicles in amount of twenty
five, on legal entities in amount of five hundred monthly calculation indices.
2. Use of foreign permit to mechanical transport vehicle by a domestic carrier
that is not specified in the records of access of the domestic carrier, shall –
entail a fine on subjects of small entrepreneurship in amount of twenty, on
subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of forty monthly calculation indices.
3. Transfer of the forms of foreign permits by one domestic carrier to another
domestic carrier, shall –
entail a fine on subjects of small entrepreneurship in amount of twenty, on
subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of forty monthly calculation indices.
4. Violation of the coordinated route plan by a driver upon carrying out of
carriage of passengers and luggage in international traffic, shall –
entail a fine in amount of ten monthly calculation indices.
5. Use of domestic permit by a foreign carrier that is not registered in
accordance with the Rules for applying the authorization system of automobile carriage
in the Republic of Kazakhstan in the international traffic, shall –
entail a fine on drivers of mechanical transport vehicles in amount of twenty
monthly calculation indices.
Article 574. Absence of the lists of passengers at drivers of
mechanical transport vehicles upon carrying out of unscheduled
international automobile carriage of passengers and luggage Absence of the lists of passengers at drivers of mechanical transport vehicles
upon carrying out of unscheduled international automobile carriage of passengers and
luggage, shall –
entail a fine on individuals in amount of five monthly calculation indices.
Article 575. Carrying out of automobile carriage in a territory
of the Republic of Kazakhstan by automobile transport vehicles
registered in a foreign state Carriage of passengers, luggage or cargo by automobile transport vehicles
registered in a territory of a foreign state between the points located in the territory
of the Republic of Kazakhstan, with the exception of carriage by the automobile
transport vehicles temporary imported to the territory of the Republic of Kazakhstan,
shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
Article 576. Absence of the contract of carriage at drivers of
mechanical transport vehicles upon carrying out of unscheduled
automobile carriage of passengers and luggage in
the intra-republican communication Absence of the contract of carriage at drivers of mechanical transport vehicles
upon carrying out of unscheduled automobile carriage of passengers and luggage in the
intra-republican communication, shall –
entail a fine on individuals in amount of ten monthly calculation indices.
Article 577. Carriage of passengers between the points in
a territory of the Republic of Kazakhstan upon carrying
out of regular carriage in international traffic 1. Organization of selling travel documents (tickets) for carriage of passengers
between the points in a territory of the Republic of Kazakhstan upon carrying out of
regular carriage in international traffic, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship
– in amount of thirty monthly calculation indices.
2. Carriage of passengers by mechanical transport vehicles between the points in a
territory of the Republic of Kazakhstan upon carrying out of regular carriage in the
international traffic, shall –
entail a fine on drivers of mechanical transport vehicles in amount of thirty
monthly calculation indices.
3. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of twenty, on
subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of forty monthly calculation indices.
4. The action provided by a part two of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on drivers of automobile transport vehicles in amount of fifty
monthly calculation indices.
Article 578. Violation of the rules ensuring the safety
of traffic on a marine transport
1. Violation of the established order of maneuvering and movement of the vessels
on a marine transport, non-compliance with the prescribed speed of movement,
requirements for giving audio and light alarms, bearing ship lights and signs,
premeditated stoppage or dockage of a vessel in forbidden places, violation of the
procedure for vessel towing, as well as failure to perform the compulsory requirements
of a dispatcher, shall –
entail a fine in amount of seven monthly calculation indices.
2. Performance of diving operations without the proper permit in harbor waters or
non-compliance with the rules for signaling during these works, shall –
entail a fine in amount of ten monthly calculation indices.
Article 579. Damage of the structures and devices of signaling
and communicating on a marine transport
Damage of the structures and devices of signaling and communicating on a marine
transport, shall –
entail a fine in amount of ten monthly calculation indices.
Article 580. Violation of the rules ensuring safety of
passengers in vessels of a marine and river transport,
as well as small size vessels
Absence, understaffing or use of the rescue and emergency means and equipment with
the expired term of certification on the vessels of a marine and river transport, as
well as small size vessels, violation of the requirements on equipping the gangways and
ladders on the vessels of a marine and river transport, shall –
entail a fine in amount of ten monthly calculation indices.
Article 581. Violation of the rules for releasing a vessel
in sailing or permit for operation of the vessel by the
persons that do not have the relevant diploma
(certificate, identity document)
1. Release (route) of a vessel (except for the small size vessel) in sailing
without the documents certifying belonging of the vessel, its seaworthiness with the
unstaffed crew team, upon non-conformance of the technical condition of the vessel to
available documents, with the violation of established rules for loading, passenger
capacity standards, restrictions in the area and conditions for sailing, as well as
permit for operation of the vessel or its mechanisms and equipment by the persons that
do not have the relevant diploma (certificate, identity document), shall –
entail a fine in amount of twenty monthly calculation indices.
2. Release of small size vessels in sailing that are not registered in established
manner or did not pass technical inspection (examination), or that have the defects with
which their operation is prohibited, or unstaffed with equipment, or re-equipped without
the relevant permit, as well as the permit for operation of the small size vessels by
the persons that do not have the right of operation of these vessels, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
ten, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices.
Article 582. Violation of the rules for operation of vessels,
including small size vessels, as well as operation of the
vessel, including small size vessel by the person that
does not have the right of operation
1. Operation of a vessel (including small size vessel) that is not registered in
established manner or did not pass technical inspection (examination), or that does not
have the side numbers and designations, or that is reequipped without the relevant
permit, or that has defects with which its operation is prohibited, or with violation of
the rules for loading of passenger capacity standards, restrictions in the area and
conditions of sailing, shall –
entail a fine in amount of fifteen monthly calculation indices.
2. Operation of a vessel, including small size vessel by the person that does not
have the right of operation of this vessel, including small size vessel, and equally
operation of the vessel, including small size vessel, by the person that does not have
the document confirming the right of operation of this vessel, including small size
vessel or transfer of operation of such vessel, including small size vessel to the
person that does not have the right of operation, shall –
entail a fine in amount of ten monthly calculation indices.
3. Operation of a vessel, including small size vessel in the absence of vessel
documents, as well as with the violation of requirements submitted to the vessel
documents, shall –
entail a fine in amount of five monthly calculation indices.
4. Operation of a vessel, including small size vessel with knowingly false or
forged registering side numbers and designations, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 583. Violation of the rules for sailing, loading and
discharge of vessels
1. Violation of the traffic rules and the rules of giving audio and light alarms,
bearing of ship lights and signs, rules for loading and discharging vessels by
navigators of the vessels (except for small size vessels), as well as damage of the port
structures and equipment, shall –
entail a fine in amount of five monthly calculation indices.
2. Excess of the established speed by navigators of small size vessels and other
floating objects, non-compliance with the requirements, navigation marks, premeditated
stoppage or dockage of a vessel in forbidden places, damage of water development
facilities or technical means and signs of the shipping and navigation circumstances,
violation of the rules for maneuvering, giving audio alarms, bearing of side lights and
marks, shall –
entail a notification or fine in amount of two monthly calculation indices or
deprivation of the right of operation of a small size vessel for the term up to one
year.
3. Violation of the other rules for using small size vessels by the navigators of
the small size vessels, shall –
entail a notification or fine in amount of one monthly calculation index.
Article 584. Violation of the rules ensuring security of
operation of vessels on inland water ways
1. Performance of diving operations without the proper permission or non-
compliance with the rules for giving signals during these works, violation of the
procedure for installation and arrangement of floating booms and forest harbours,
arrangement of weirs and other accessories for fishing in the areas undesignated for
this purpose without coordination with the relevant bodies, shall –
entail a fine in amount of ten monthly calculation indices.
2. Destruction, damage, breakage, illegal displacement of floating and non-
floating aids to navigation, communication and signalling, violation of the rules for
maintenance, operation and established work regime of the navigational equipment on
bridges, dams and other water development facilities, installation of signs, structures,
sources of audio and light alarms without the proper permit (coordination), creating
noises in identifying the navigation marks and alarms, shall –
entail a fine in amount of ten monthly calculation indices.
3. Discharge of rubbish and other subjects overboard, shall –
entail a notification or fine in amount of one monthly calculation index.
Article 585. Violation of the rules of loading, discharge and
warehousing cargo in river ports and on berths Violation of technical conditions of loading, discharge and warehousing cargo in
the river ports and on berths, technical conditions for securing cargo in a vessel,
failure to draw up the act of loading (discharge) of cargo, shall –
entail a fine in amount of two monthly calculation indices.
Article 586. Violation of the rules of using the bases
(structures) for dockages of small size vessels
1. Violation of the standards for basing small size vessels, conditions and
technical requirements for a safety operation of the bases (structures), and equally
maintenance of the small size vessels on the mentioned bases (structures) that are not
registered in established manner on the bases (structures) for dockage of the small size
vessels, shall –
entail a fine on individuals and civil servants in amount of ten, on subjects of
small entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship –
in amount of twenty, on subjects of large entrepreneurship – in amount of thirty monthly
calculation indices.
2. Non-compliance with the established control regime of releasing small size
vessels in sailing and return to the base, shall –
entail a notification or fine on individuals and civil servants in amount of five
monthly calculation indices.
Article 587. Violation of the requirements on operation
of port structures Violation or non-compliance with the terms for conduct of regular and periodical
technical inspections of the port structures, being in defective condition or non-
conformance of the mooring devices and fenders of berthing facilities to own
characteristics, as well as the absence of examination record book of the port
structures and passport of a sea port, shall –
entail a fine on individuals and civil servants in amount of five monthly
calculation indices.
Article 588. Violation of the rules for investigation
of accidents and traffic accident with vessels,
including small size vessels 1. Non-representation of information by a ship captain, ship owner, civil servant
of water development facilities to the transport control bodies on emergency case with a
vessel of marine transport, on traffic accident with a vessel of river transport, shall
–
entail a fine on individuals and civil servants in amount of ten, on subjects of
small entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship –
in amount of thirty, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
2. Non-representation of information by a navigator or ship owner to the transport
control bodies on traffic accident with a small size vessel, shall –
entail a fine on individuals and civil servants in amount of five, on subjects of
small entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of thirty monthly
calculation indices.
3. Non-representation or untimely representation of materials, certificates,
explanatory notes, extracts from vessel documents or other information required for
conduct of investigation upon request of the body or civil servant conducting the
investigation of emergency case or traffic accident, shall –
entail a fine on individuals in amount of five, on civil servants – in amount of
ten, on subjects of small entrepreneurship – in amount of twenty, on subjects of medium
entrepreneurship – in amount of thirty, on subjects of large entrepreneurship – in
amount of forty monthly calculation indices.
Article 589. Violation of the rules of fire
security in transport
1. Violation of the rules of fire security established in transport, shall –
entail a fine in amount of five monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices.
Article 590. Violation of the rules for operation of
transport vehicles
1. Operation of the registered transport vehicle with unreadable state registering
number plates (plate) or established with the violation of the requirements to
standards, shall –
entail a fine in amount of five monthly calculation indices.
2. Operation of a transport vehicle without the state registering number plates
(plate) or after prohibition of its operation, or that is not registered in the
established manner, shall –
entail a fine in amount of ten monthly calculation indices.
3. Installation of knowingly false or forged state registering number plates
(plate) on a transport vehicle, shall –
entail a fine on individuals in amount of fifteen, on civil servants – in amount
of fifty, on subjects of small entrepreneurship or non-profit organizations – in amount
of one hundred, on subjects of medium entrepreneurship – in amount of two hundred, on
subjects of large entrepreneurship – in amount of one thousand monthly calculation
indices.
4. Operation of a transport vehicle with knowingly false or forged state
registering number plates (plate), shall –
entail a fine in amount of twenty monthly calculation indices or deprivation of
the right of operation of transport vehicles for the term of one year.
5. Operation of the transport vehicles that do not meet the established rules for
ensuring road traffic safety, with the exception of the cases mentioned in a part six of
this Article, shall –
entail a fine in amount of five monthly calculation indices.
6. Operation of the transport vehicles that have the defects of braking system,
steering control, tow hitch, shall –
entail a fine in amount of fifteen monthly calculation indices.
7. Operation of the transport vehicle being reequipped without the relevant
permit, shall –
entail a fine in amount of fifteen monthly calculation indices.
8. Release of the mechanical transport vehicles into operation that did not pass
the pre-trip (pre-shift) technical inspection, as well as permit to operation to the
driver that did not pass pre-trip (pre-shift) medical inspection, upon carrying out of
regular or unscheduled automobile carriage of passengers, luggage, as well as carriage
of cargo, shall –
entail a fine on subjects of small entrepreneurship – in amount of thirty, on
subjects of medium entrepreneurship – in amount of forty, on subjects of large
entrepreneurship – in amount of fifty monthly calculation indices.
9. Operation of the transport vehicle that did not pass the state or compulsory
technical inspection, shall –
entail a fine in amount of five monthly calculation indices.
10. The actions provided by parts one, five, six and nine of this Article
committed repeatedly second time within a year after imposition of the administrative
sanction, shall –
entail a fine in amount of twenty monthly calculation indices.
Note. The transport vehicles in this chapter of the Code shall be regarded as all
the types of automobiles, tractors and other self-propelled vehicles, trams, trolleys,
as well as motorcycles and other mechanical transport vehicles.
Article 591. Use of phone or radio station by a driver upon
operation of a transport vehicle 1. Use of phone or radio station by a driver upon operation of a transport
vehicle, shall –
entail a fine in amount of five monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices.
Note. During operation of a transport vehicle, it is allowed to use phone or radio
station by using headphones or speaker phone.
Article 592. Exceeding of established driving speed by drivers
of transport vehicles
1. Exceeding of established driving speed of transport vehicle by the drivers of
the transport vehicles in a range from ten to twenty kilometres per hour, shall –
entail a fine in amount of ten monthly calculation indices.
2. Exceeding of established driving speed of the transport vehicle in a range from
twenty to forty kilometres per hour, shall –
entail a fine in amount of fifteen monthly calculation indices.
3. Exceeding of established driving speed of the transport vehicle in a range more
than forty kilometres per hour, shall –
entail a fine in amount of thirty monthly calculation indices.
4. The actions provided by parts one, two and three of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail a fine in amount of forty monthly calculation indices.
Article 593. Non-compliance with the rules of stopping of
the route vehicles, traffic in residential areas,
carriage of passengers and cargo and other gross
violations of the road traffic rules
1. Non-compliance with the rules of stopping of the route vehicles, traffic in
residential areas, carriage of passengers and cargo, use of the equipped seat belts when
moving in transport vehicles, crash helmets upon operation of motorcycles and carriage
of passengers on them, towage of transport vehicles, use of
lighting equipment in night time or in conditions of insufficient visibility,
shall –
entail a fine in amount of five monthly calculation indices.
2. Carriage of hazardous cargo by mechanical transport vehicles or specialized
mechanical transport vehicles with the violation of the established rules, and equally
without the special permit for carriage of hazardous cargo of the classes 1, 6 and 7,
shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indics.
3. Transit of heavy mechanical transport vehicles with the excess of weight
parameters without the special permit, as well as fixed with the use of the special
automated measuring means, shall –
entail a fine upon excess of admissible weight parameters up to five tons on
individuals in amount of fifty, on subjects of small entrepreneurship – in amount of one
hundred, on subjects of medium entrepreneurship – in amount of one hundred fifty, on
subjects of large entrepreneurship – in amount of two hundred monthly calculation
indices, upon excess from five to ten tons on individuals in amount of one hundred, on
subjects of small entrepreneurship – in amount of one hundred fifty, on subjects of
medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of three hundred monthly calculation indices, upon excess
from ten tons and more on individuals in amount of two hundred, on subjects of small
entrepreneurship – in amount of five hundred, on subjects of medium entrepreneurship –
in amount of eight hundred, on subjects of large entrepreneurship – in amount of one
thousand monthly calculation indices.
4. Transit of large-sized mechanical transport vehicles with excess of size
parameters without the special permit, as well as fixed with the use of the special
automated measuring means, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
5. Transit of large-sized and (or) heavy mechanical transport vehicles with excess
of one of the parameters or with deviation from the route or terms stated in the special
permit, shall –
entail a fine on individuals in amount of twenty, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
6. Carriage of cargo by a dump truck the maximum allowable weight of which exceeds
admissible gross mass of mechanical transport vehicle established by the legislation of
the Republic of Kazakhstan on public roads, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship – in amount of forty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of sixty monthly
calculation indices.
7. Excess of admissible weight and size parameters by a sender of cargo,
established by the legislation of the Republic of Kazakhstan in the process of loading
of mechanical transport vehicle, shall –
entail a fine on individuals in amount of thirty, on subjects of small
entrepreneurship – in amount of fifty, on subjects of medium entrepreneurship – in
amount of righty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
8. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices.
Article 594. Violation of the rules for passage of crossroads
or intercrossing of carriage way
1. Driving on a crossroad or intercrossing of carriage way in the case of formed
jam that lead to creation of the obstacle (jam) for the flow of transport vehicles in a
transverse direction, shall –
entail a fine in amount of ten monthly calculation indices.
2. Non-performance of the requirement of the road traffic rules to give the road
to a transport vehicle enjoying the right of priority of passing the crossroads, shall –
entail a fine in amount of fifteen monthly calculation indices.
3. Violation of the rules for passing the crossroads, with the exception of cases
provided by parts one and two of this Article, shall –
entail a fine in amount of five monthly calculation indices.
4. The actions provided by parts one, two and three of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail a fine in amount of fifteen monthly calculation indices.
Article 595. Violation of the rules of maneuvering
1. Non-performance of the requirement of the road traffic rules to set a signal
before moving, turning or stopping, shall –
entail a fine in amount of five monthly calculation indices.
2. Turning or backing at the places when such maneuvers are prohibited, shall –
entail a fine in amount of ten monthly calculation indices.
3. Non-performance of the requirement of the road traffic rules to give the road
to a transport vehicle enjoying the right of priority of moving, with the exception of
cases provided by a part two of Article 594 and Article 598 of this Code, shall –
entail a fine in amount of fifteen monthly calculation indices.
4. The actions provided by parts one, two and three of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail a fine in amount of twenty monthly calculation indices.
Article 596. Violation of the rules of situation of a transport
vehicle on a carriage way, opposite pass-by or overdrive
1. Moving on pedestrian footpaths, waysides or sidewalks in violation of the road
traffic rules, shall –
entail a fine in amount of fifteen monthly calculation indices.
2. Violation of the rules of situation of a transport vehicle on a carriage way,
opposite pass-by or overdrive without driving on the side of the carriage way designated
for opposite traffic, and equally crossing the organized transport or pedestrian columns
or taking a place in there, shall –
entail a fine in amount of twenty monthly calculation indices.
3. Driving on the side of a carriage way designated for opposite traffic in the
cases if it is prohibited by the road traffic rules, shall –
entail deprivation of the right of operation of transport vehicles for the term of
one year.
4. The actions provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of thirty monthly calculation indices.
5. The action provided by a part three of this Article committed by a person
deprived of the right of operation of a transport vehicle, shall –
entail a fine in amount of fifty monthly calculation indices.
Article 597. Violation of the rules for stopping or parking
of transport vehicles
1. Violation of the rules for stopping or parking of transport vehicles, with the
exception of cases provided by a part one of Article 593, Article 607 of this Code and
parts two, three of this Article, shall –
entail a fine in amount of ten monthly calculation indices.
2. Violation of the rules for stopping or parking of transport vehicle on a
sidewalk, as well as stopping or parking of transport vehicles on garden beds,
children’s playgrounds and sports grounds, shall –
entail a fine in amount of fifteen monthly calculation indices.
3. Violation of the rules for stopping or parking of transport vehicles on a
carriage way that entailed creation of the obstacles for moving of other transport
vehicles, shall –
entail a fine in amount of twenty monthly calculation indices.
4. Violation of the rules for stopping or parking of transport vehicles at the
places allocated for stopping or packing of the transport vehicles for disabled persons,
shall –
entail a fine in amount of fifty monthly calculation indices.
4-1. Avoidance from payment for parking at the places equipped by the special
certified devices designated for taking payment for parking and recording time of
parking of transport vehicles determined by the local executive bodies of oblasts,
cities of republican significance and the capital, shall –
entail a fine in amount of three monthly calculation indices.
4-2. The action provided by a part 4-1 of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of five monthly calculation indices.
5. The actions provided by parts one, two and three of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail a fine in amount of thirty monthly calculation indices.
6. The action provided by a part four of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of seventy five monthly calculation indices.
Footnote. Article 597 as amended by the Law of the Republic of Kazakhstan dated
05.05.2015 No. 312-V (shall be enforced upon expiry of ten calendar days after the date
of its first official publication).
Article 598. Non-provision of a priority while moving to
the transport vehicle of operative and special services
with the turned on special light and audit alarms
1. Non-provision of a priority while moving to the transport vehicle of operative
and special services with the rotating beacon and special audio alarm turned on at the
same time, shall –
entail a fine in amount of seven monthly calculation indices.
2. Non-provision of a priority while moving to the transport vehicle of operative
and special services having special colour schemes, signatures and designations marked
on the exterior surface, with the rotating beacon and special audio alarm turned on at
the same time, shall –
entail a fine in amount of ten monthly calculation indices.
3. The actions provided by parts one and two of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of fifteen monthly calculation indices.
Article 599. Driving through red traffic light or through
restricted gesture of a traffic-controller
1. Driving through red traffic light or through restricted gesture of a traffic-
controller, with the exception of cases provided by a part one of Article 607 of this
Code, shall –
entail a fine in amount of ten monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 600. Non-provision of a priority while moving to
pedestrians or other road traffic participants
1. Non-fulfillment of the requirements of the road traffic rules to give the road
to pedestrians or other road traffic participants, with the exception of the drivers of
transport vehicles taking priority while moving, shall –
entail a fine in amount of ten monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 601. Non-compliance with the requirements prescribed
by road signs or marking of a carriage way 1. Non-compliance with the requirements prescribed by road signs or marking of a
carriage way, with the exception of cases provided by the other Articles of this
chapter, shall –
entail a fine in amount of five monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of ten monthly calculation indices.
Article 602. Violation of the rules for conduct of driving
lessons, use of external lights and (or) audio alarms,
application of alarm signaling by drivers of transport vehicles
1. Violation of the rules for conduct of driving lessons, use of external lights
and (or) audio alarms, application of alarm signaling and breakdown triangle by drivers
of transport vehicles, shall –
entail a fine in amount of five monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of seven monthly calculation indices.
Article 603. Violation of the rules for installation of devices
on a transport vehicle for giving special light and (or) audio
alarms or illegal marking of the special colour schemes of the
automobiles of operative and special services
1. Installation of the lights with red colour or reflective arrangements of red
color on a front element of a transport vehicle, and equally the lights the colour and
work regime of which do not conform to the requirements of admission of the transport
vehicles to operation, shall –
entail a fine on individuals in amount of fifteen, on subjects of small
entrepreneurship or non-profit organizations – in amount of seventy, on subjects of
medium entrepreneurship – in amount of one hundred fifty, on subjects of large
entrepreneurship – in amount of one thousand five hundred monthly calculation indices,
with the confiscation of the mentioned devices and arrangements.
2. Installation of devices for giving special light and (or) audio alarms (with
the exception of security alarm) on a transport vehicle without the relevant permit,
shall –
entail a fine on individuals in amount of twenty five, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of two thousand hundred monthly calculation indices, with
the confiscation of the mentioned devices.
3. Illegal marking of the special color schemes of the automobiles of operative
and special services on exterior surface of a transport vehicle, shall –
entail a fine on individuals in amount of twenty five, on subjects of small
entrepreneurship or non-profit organizations – in amount of one hundred, on subjects of
medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of two thousand hundred monthly calculation indices.
Article 604. Violation of the rules for training of drivers
of transport vehicles
1. Violation of the rules for training of drivers of transport vehicles, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship – in
amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail deprivation of the qualifying certificate of an individual, fine on
subjects of small entrepreneurship in amount of sixty, on subjects of medium
entrepreneurship – in amount of one hundred, on subjects of large entrepreneurship – in
amount of one hundred fifty monthly calculation indices, with the exclusion of
educational organizations on training of the drivers of transport vehicles from
register.
Article 605. Breach of the legislation of the Republic of
Kazakhstan in the scope of road traffic
1. Non-fulfillment of the obligations by the professional associations on training
of drivers of transport vehicles provided by the Law of the Republic of Kazakhstan “On
road traffic”, shall –
entail a fine in amount of one hundred monthly calculation indices.
2. Non-fulfillment and (or) improper fulfillment of written prescription of the
authorized body on ensuring the road traffic safety on elimination of the violation of
legality within established term by the professional associations, shall –
entail a fine in amount of one hundred fifty monthly calculation indices with the
suspension of certificate on accreditation of the professional association on training
of drivers of transport vehicles.
3. Failure to eliminate the reasons by which the authorized body on ensuring the
road traffic safety suspended the validity term of the accreditation certificate of a
professional association on training of drivers of transport vehicles, shall –
entail deprivation of the accreditation certificate of the professional
associations on training of drivers of transport vehicles.
4. Violation of the requirements of the Law of the Republic of Kazakhstan “On road
traffic” by the professional association on training of drivers of transport vehicles,
that are the grounds for deprivation of the accreditation certificate, shall –
entail the deprivation of the accreditation certificate of the professional
associations on training of drivers of transport vehicles.
5. Non-fulfillment of the obligations provided by the Law of the Republic of
Kazakhstan “On road traffic” by the educational organization on training of drivers of
transport vehicles, shall –
entail a fine on subjects of small entrepreneurship in amount of thirty, on
subjects of medium entrepreneurship – in amount of fifty, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
6. The action provided by a part five of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of sixty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices, with the
exclusion of educational organizations on training of drivers of transport vehicles from
register.
7. Non-fulfillment of a written prescription of the authorized body on ensuring
the road traffic safety on elimination of the violation of legality by the educational
organization on training of drivers of transport vehicles within established term, shall
–
entail a fine on subjects of small entrepreneurship in amount of thirty, on
subjects of medium entrepreneurship – in amount of five hundred, on subjects of large
entrepreneurship – in amount of one hundred monthly calculation indices.
Article 606. Violation of the traffic rules by a road traffic
participant that entailed creation of emergency situation 1. Violation of the traffic rules by a road traffic participant that entailed
creation of emergency situation, i.e. that forced the other road traffic participants to
change speed, direction of movement dramatically, shall –
entail a fine in amount of ten monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail the deprivation of the right of operation of transport vehicle for the term
of six months.
Article 607. Violation of the rules for transit
of railroad crossing
1. Crossing of railway lines outside a railroad crossing, driving on the railroad
crossing upon closed or closing barrier or upon restricted traffic light or signal of a
duty attendant on crossing, and equally stopping or parking on the railroad crossing,
shall –
entail a fine in amount of ten monthly calculation indices.
2. The actions provided by a part one of this article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail the deprivation of the right of operation of transport vehicle for the tem
of six months.
Article 608. Operation of a transport vehicle by the driver
being in a state of alcohol, narcotic and (or) substance abuse
intoxication, and equally transfer of operation of the
transport vehicle to the person being in a state of alcohol,
narcotic and (or) substance abuse intoxication
1. Operation of a transport vehicle by the driver being in a state of alcohol,
narcotic and (or) substance abuse intoxication, and equally transfer of operation of the
transport vehicle to the person being in a state of alcohol, narcotic and (or) substance
abuse intoxication, shall –
entail the deprivation of the right of operation of transport vehicle for the term
of three years.
2. The actions provided by a part one of this Article that entailed creation of
emergency situation, shall –
entail the deprivation of the right of operation of transport vehicle for the term
of four years.
3. The actions provided by a part one of this Article that entailed infliction of
harm to health to an injured party that do not have the signs of a criminally punishable
act, or damage of the transport vehicles, cargo, road and other structures or another
property, shall –
entail the deprivation of the right of operation of transport vehicle for the term
of five years.
4. The actions provided by parts one, two and three of this Article committed
repeatedly second time within a year after expiration of the term of the administrative
sanction, shall –
entail the administrative arrest for fifteen days and deprivation of the right of
operation of transport vehicle for the term of six years.
5. The actions provided by a part four of this Article committed repeatedly second
time within a year after expiration of the term of administrative sanction provided by a
part four of this Article, shall –
entail the administrative arrest for a term of thirty days and deprivation of the
right of operation of transport vehicles for the term up to ten years.
6. The actions provided by parts one, two and three of this Article committed by
the persons that do not have the rights of operation of transport vehicles, shall –
entail the administrative arrest for the term up to twenty days.
7. The actions provided by a part six of this Article committed repeatedly second
time within a year after expiration of the term of the administrative sanction provided
by a part six of this Article, shall –
entail the administrative arrest for the term up to thirty days.
8. The actions provided by parts six and seven of this Article committed by the
persons to which the administrative arrest in accordance with a part two of Article 50
of this Code is not applied, shall –
entail a fine in amount of two hundred monthly calculation indices.
Article 609. Carrying out of regular automobile carriage
of passengers and luggage without the relevant certificate
confirming the right to service the routes
of mentioned carriage
1. Carrying out of regular automobile carriage of passengers and luggage without
the relevant certificate confirming the right to service the routes of mentioned
carriage, shall –
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in amount
of fifteen, on subjects of large entrepreneurship – in amount of twenty five monthly
calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship – in amount of fifteen, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
Article 610. Violation of the established road traffic safety
rules by drivers of transport vehicles that entailed
infliction of harm to health of the people, damage
of transport vehicles or another property 1. Violation of the established road traffic safety rules by drivers of transport
vehicles that entailed damage of transport vehicles, cargo, roads, road and other
structures or another property, that inflicted material damage, shall –
entail a fine in amount of ten monthly calculation indices or deprivation of the
right of operation of transport vehicle for the term of nine months.
2. The same action that entailed infliction of light harm to health of an injured
party, shall –
entail a fine in amount of fifteen monthly calculation indices and deprivation of
the right of operation of transport vehicle for the term of one year.
3. The actions provided by parts one and two of this Article committed by a person
that do not have the right of operation of transport vehicles, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 611. Non-fulfillment of the obligations by a driver
due to traffic accident
1. Non-fulfillment of the obligations provided by the legislation of the Republic
of Kazakhstan in the scope of road traffic by a driver due to traffic accident the
participant of which he (she) is, with the exception of the cases provided by a part two
of this Article, shall –
entail a fine in amount of five monthly calculation indices.
2. Leaving the place of the traffic accident in violation of the road traffic
rules by a driver the participant of which he (she) was, shall –
entail the deprivation of the right of operation of transport vehicles for a term
of one year.
3. The action provided by a part two of this Article committed by the person being
deprived of the right of operation of transport vehicle or that did not have the right
of operation of transport vehicles, shall –
entail a fine in amount of one hundred monthly calculation indices or
administrative arrest for the term of thirty days.
Note. The person that left the place of traffic accident due to rendering of
medical assistance to an injured party shall be released from the liability in
accordance with this Article.
Articled 612. Operation of transport vehicle without the
documents and that do not have the rights of operation 1. Operation of transport vehicle by the driver that does not have the driving
license or temporary certificate issued instead of the driving license for the right of
operation, insurance policy on compulsory insurance of civil liability of the owners of
transport vehicles and (or) on compulsory insurance of civil liability of a carrier
before a passenger, registering and another documents for the transport vehicle
established by the legislation, shall –
entail a fine in amount of five monthly calculation indices.
2. Operation of transport vehicle by the person that does not have the right of
its operation (except for driving lessons), and equally operation of transport vehicle
by the driver that does not have the right of operation of the relevant category of
transport, shall –
entail a fine in amount of fifteen monthly calculation indices.
3. Operation of transport vehicle by a driver being deprived of the right of
operation of transport vehicle, shall –
entail a fine in amount of ten monthly calculation indices.
4. The actions provided by parts two and three of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail a fine in amount of thirty monthly calculation indices.
5. Transfer of operation of the transport vehicle to the person that does not have
the right of operation (with the exception of cases of driving instruction in accordance
with the established rules), or to the person being deprived of the right of operation
of transport vehicle, shall –
entail a fine in amount of fifty monthly calculation indices.
6. The action provided by a part five of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of seventy monthly calculation indices.
Article 613. Non-performance of the requirements of an employee
of the bodies of internal affairs (police), transport control
on the checkpoints of mechanical transport vehicles through the
State Border of the Republic of Kazakhstan and on the posts of
transport control in a territory of the Republic of Kazakhstan,
military police, avoidance from passing certification of the
state of alcohol, drug and (or) substance abuse intoxication
1. Non-performance of the legal requirement of an employee of the bodies of
internal affairs (police), military police (exceptionally by the person that operates
the transport vehicle of the national security bodies, Armed Forces of the Republic of
Kazakhstan, other forces and military formations of the Republic of Kazakhstan) on
stopping of the transport vehicle, shall –
entail the deprivation of the right of operation of transport vehicles for the
term of one year, and in respect of the persons that do not have or deprived of such
right – fine in amount of twenty monthly calculation indices.
2. Non-performance of the legal requirement of an employee of the bodies of
transport control on the posts of the transport control in a territory of the Republic
of Kazakhstan on stopping the transport vehicle, shall –
entail a fine in amount of ten monthly calculation indices or deprivation of the
right of operation of transport vehicles for the term from six months to one year.
3. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of thirty monthly calculation indices.
4. Non-performance of the legal requirement of an employee of the bodies of
internal affairs (police), military police (exceptionally by the person that operates
the transport vehicle of the national security bodies, Armed Forces of the Republic of
Kazakhstan, other forces and military formations of the Republic of Kazakhstan) on
passing certification of the state of alcohol, drug and (or) substance abuse
intoxication in accordance with the established procedure, shall –
entail the deprivation of the right of operation of transport vehicles for the
term of two years.
5. The action provided by a part four of this Article committed repeatedly second
time within a year after expiration of the term of administrative sanction, shall –
entail the administrative arrest for the term of fifteen days and deprivation of
the right of operation of transport vehicle for the term of six years.
6. The action provided by a part five of this Article committed repeatedly second
time within a year after expiration of the term of the administrative sanction provided
by a part five of this Article, shall –
entail the administrative arrest for the term of thirty days and deprivation of
the right of operation of transport vehicles for the term of ten years.
7. The action provided by parts four, five and six of this Article committed by
the person being deprived of the right of operation of transport vehicle, shall –
entail the administrative arrest for the term of twenty days.
8. The actions provided by a part seven of this Article committed repeatedly
second time within a year after expiration of the term of administrative sanction
provided by a part seven of this Article, shall –
entail the administrative arrest for the term of thirty days.
9. The action provided by a part four of this Article committed by the persons
that do not have the right of operation of transport vehicles, shall –
entail the administrative arrest for the term of twenty days.
10. the action provided by a part nine of this Article committed repeatedly second
time within a year after expiration of the term of the administrative sanction provided
by a part nine of this Article, shall –
entail the administrative arrest for the term of thirty days.
11. The actions provided by parts seven, eight, nine and ten of this Article
committed by the persons to which the administrative arrest in accordance with a part
two of Article 50 of this Code is not applied, shall –
entail a fine in amount of two hundred monthly calculation indices.
12. Leaving a cab (passenger compartment) of the transport vehicle by a driver and
passengers (passenger) in case of its stopping by an employee of the bodies of internal
affairs (police), military police (exceptionally by the person that operates the
military transport vehicle) without his (her) permission, as well as non-performance of
the requirements by them on stepping out from the cab (passenger compartment) of the
transport vehicle, shall –
entail a fine on the driver and passengers (passenger) in amount of five monthly
calculation indices.
13. The actions provided by a part twelve of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine on the driver and passengers (passenger) in amount of ten monthly
calculation indices.
Note. The requirement of employees of the bodies of internal affairs (police),
transport control, military police in the official uniform on stopping of the transport
vehicle shall be expressed by signalling with a gesture of hand or traffic baton with
the simultaneous whistle signal or with the use of loudspeaker system. The alarms shall
be understandable for a driver and set in due time so their performance does not create
the emergency situation.
Footnote. Article 613 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 614. Creation of the obstacles for movement
of transport vehicles
Intended creation of obstacles for movement of transport vehicles, and equally
failure to perform the requirements of the civil servants being authorized to carry out
the control of compliance with the traffic rules of transport, on elimination of such
obstacles, shall –
entail a fine on individuals in a mount of three, on civil servants – in amount of
ten monthly calculation indices.
Article 615. Violation of the traffic rules by pedestrians and
other road traffic participants 1. Non-performance of the requirements by pedestrians and other road traffic
participants established by the road traffic safety rules, shall –
entail a fine in amount of five monthly calculation indices.
2. The action provided by a part one of this Article that entailed infliction of
harm to health of an injured party that does not have the signs of a criminally
punishable act or that inflicted material damage, shall –
entail a fine in amount of ten monthly calculation indices.
3. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of fifteen monthly calculation indices.
4. The action provided by a part two of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of twenty monthly calculation indices or administrative
arrest for the term of three days.
Note. The other road traffic participants in this Article shall be regarded as the
persons operating scooters, bicycles and horse-drawn carriages, drovers leading baggage,
riding animals or herd, as well as passengers of the transport vehicles.
Article 616. Violation of the rules of organizing and
conducting compulsory technical inspection of
motor vehicles and their trailers 1. Violation of the rules of organizing and conducting compulsory technical
inspection of motor vehicles and their trailers committed in the form of:
1) issuance of the diagnostic card of technical inspection with the indication of
parameters that do not conform to the technical inspection of the motor vehicles and
their trailers established upon conduct of the inspection of activity of the operator of
technical inspection;
2) unreasonable refusal from conduct of compulsory technical inspection;
3) non-representation of the details to the single informational system of
compulsory technical inspection of the motor vehicles and their trailers;
4) failure to notify or untimely notification on changing location of the centre
of technical inspection;
5) failure to inform the population on a schedule for conducting compulsory
technical inspection in a region of activity;
6) violation of a schedule for conducting compulsory technical inspection;
7) issuance of the diagnostic card of technical inspection by the operator of
technical inspection without conducting compulsory technical inspection;
8) conduct of compulsory technical inspection without the use of control and
diagnostic equipment or with defective control and diagnostic equipment and (or) that
did not pass the adjustment;
9) failure to ensure the archival storage of video files of the daily video
recording within six months from the date of conduct of compulsory technical inspection;
10) absence of video recording of the procedure for conduct of compulsory
technical inspection or photographic recording of the transport vehicle in a diagnostic
card of technical inspection;
11) drawing up and issuance of a diagnostic card of technical inspection that does
not conform to the approved form;
12) failure to enter, and equally entering of inaccurate and (or) incomplete
details to the single informational system of compulsory technical inspection of the
motor vehicles and their trailers;
13) non-conformance of the production premise and territory of a centre of
technical inspection to the requirements established by the state standards, shall –
entail a fine on subjects of small entrepreneurship in amount of ten, on subjects
of medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship
– in amount of thirty monthly calculation indices.
2. Combination of rendering of the services on conducting compulsory technical
inspection and repair, technical maintenance of the motor vehicles and their trailers,
shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of
large entrepreneurship – in amount of fifty monthly calculation indices, with the
exclusion of the operators of technical inspection from register.
3. Rendering of services on repair and technical maintenance of the motor vehicles
and their trailers in a territory of the centre of technical inspection, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of
large entrepreneurship – in amount of fifty monthly calculation indices.
4. Provision of knowingly false information upon entering of the operators of
technical inspection into register, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of
large entrepreneurship – in amount of fifty monthly calculation indices, with the
exclusion of the operators of technical inspection from register.
5. The acts provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
thirty, on subjects of medium entrepreneurship – in amount of forty, on subjects of
large entrepreneurship – in amount of fifty monthly calculation indices, with the
exclusion of the operators of technical inspection from register.
Article 617. Release of the transport vehicles having
technical defects in operation and other violations
of the rules of operation 1. Non-performance of the requirements, established road traffic safety rules by
the persons being liable for technical condition and operation of the transport
vehicles, with the exception of the cases provided by Article 619 of this Code, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
ten, on subjects of medium entrepreneurship – in amount of twenty, on subjects of large
entrepreneurship – in amount of forty monthly calculation indices.
2. The same actions that entailed the infliction of the light harm to health of an
injured party or damage of transport vehicles, cargo, road or other structures or
another property, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
twenty, on subjects of medium entrepreneurship – in amount of forty, on subjects of
large entrepreneurship – in amount of fifty monthly calculation indices.
Footnote. Article 617 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 618. Recognition or issuance of certificates or other
documents confirming conformance of new transport vehicles in
violation of the established standards in the field of ensuring
the safety requirements of the transport vehicles 1. Recognition or issuance of certificates or other documents confirming the
conformance of transport vehicles in violation of the established standards in the field
of ensuring the safety requirements of the transport vehicles being the ground for their
admission of participation in road traffic, shall –
entail a fine in amount of two hundred monthly calculation indices with the
deprivation of the right of engagement in this activity for the term of one year.
2. The actions provided by a part one of this Article that entailed damage of
transport vehicles or another property, shall –
entail a fine in amount of three monthly calculation indices with the deprivation
of the right of engagement in this activity for the term of two years.
3. The actions provided by a part one of this Article that entailed infliction of
the bodily damage of light and average gravity, shall –
entail a fine in amount of five hundred monthly calculation indices with the
deprivation of the right of engagement in this activity for the term of three years.
Footnote. Article 618 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 619. Permit to operation of transport vehicle to the
driver that does not have the right of operation of transport
vehicles, and equally the relevant category
1. Permit to operation of transport vehicle to the driver that does not have or
being deprived of the right of operation of transport vehicle, and equally the relevant
category by the person being liable for technical condition and operation of the
transport vehicles, shall –
entail a fine on individuals in amount of twenty, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of thirty, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of fifty monthly calculation indices.
2. The same action that entailed infliction of a light harm to health of an
injured party or damage of transport vehicles, cargo, road or other structures or
another property, shall –
entail a fine on individuals in amount of fifty, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of seventy, on subjects
of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of one hundred fifty monthly calculation indices.
Article 620. Violation of other requirements submitted to
road traffic participants
Violation of other requirements submitted to the road traffic participants
established by the road traffic safety rules not listed in this chapter of the Code,
shall –
entail a notification or fine in amount of three monthly calculation indices.
Note. Upon drawing up of a protocol, it shall be stated which rules of the road
traffic safety rules is violated.
Article 621. Violation of the rules of carriage of hazardous
substances or subjects by transport
1. Violation of the rules of carriage of hazardous substances or hand-luggage
subjects by railway transport, shall –
entail a notification or fine in amount of one monthly calculation index.
2. Violation of the rules of carriage of hazardous substances or subjects by
marine and river transport, as well as non-fulfillment of the obligations by civil
servants on registration of the operations with hazardous substances or subjects in the
relevant documents, entering of inaccurate records or unlawful refusal to represent such
documents to the relevant civil servants, shall –
entail a notification or fine in amount of ten monthly calculation indices.
3. Violation of the rules of carriage of hazardous substances or subjects in
aerial vehicles, shall –
entail a fine in amount of ten monthly calculation indices with the confiscation
of mentioned substances and subjects.
4. Carrying of explosive substances or subjects in a bus, tram, trolley, taxi bus,
as well as their delivery in luggage or in storage room of automobile transportation,
shall –
entail a fine in amount of three monthly calculation indices.
Article 622. Violation of the rules of using public urban
and suburban transport 1. Violation of the rules of using tram, trolley, bus of urban and suburban
communication or taxi committed in the form of transit on footboards and other
projecting parts of transport vehicle, entering and quit while moving, obstruction of
opening and closing doors, carrying of cutting items without the relevant packing, as
well as items and things polluting the passenger compartment and clothes of passengers,
shall –
entail a fine in amount of one monthly calculation index.
2. Avoidance from paying passenger fare in public transport, shall –
entail a fine in amount of two monthly calculation indices.
Footnote. Article 622 is in the wording of the Law of the Republic of Kazakhstan
dated 05.05.2015 No. 312-V (shall be enforced upon expiry of ten calendar days after the
date of its first official publication).
Article 623. Ticketless carriage of passengers
Ticketless carriage of passengers:
1) in aerial vehicles performing the flights on international air routes, shall –
entail a fine in amount of ten monthly calculation indices;
2) in aerial vehicles performing the flights on internal air routes, shall –
entail a fine in amount of eight monthly calculation indices;
3) in trains of international communication, shall –
entail a fine in amount of seven monthly calculation indices;
4) in trains of intra-republican communication, shall –
entail a fine in amount of five monthly calculation indices;
5) in marine vessels of international communication, shall –
entail a fine in amount of seven monthly calculation indices;
6) in marine vessels of intra-republican communication, shall –
entail a fine in amount of six monthly calculation indices;
7) in river vessels of international communication, shall –
entail a fine in amount of six monthly calculation indices;
8) in river vessels of intra-republican communication, shall –
entail a fine in amount of five monthly calculation indices;
9) in a tram, trolley, bus of urban and suburban communication and taxi bus, shall
–
entail a fine in amount of five monthly calculation indices;
10) in a bus of international, inter-city inter-oblast, inter-district (inter-city
intra-oblast) and intra-district communication, shall –
entail a fine in amount of seven monthly calculation indices.
Article 624. Violation of the rules for organizing sales,
prolongation of the validity term of travel documents (tickets)
and work of booking office windows in railway transport
Violation of the rules for organizing sales, prolongation of the validity term of
travel documents (tickets) and work of booking office windows in railway transport,
shall –
entail a fine on subjects of small entrepreneurship in amount of five, on subjects
of medium entrepreneurship – in amount of ten, on subjects of large entrepreneurship –
in amount of thirty monthly calculation indices.
Article 625. Violation of the rules of protection of cargo on
railway, marine, river and automobile transport
1. Damage of a rolling stock, containers, floating and other transport vehicles
designated for carriage of cargo, as well as transportation appliances, shall –
entail a fine in amount of five monthly calculation indices.
2. Damage of seals and locking devices of goods wagons, automobiles, automobile
trailers, containers, holds and other cargo spaces of the floating crafts, breakage of
seals from them, damage of separate cargo items and their packing, packs, fences of
cargo sites, railway stations, cargo automobile stations, container terminals (grounds),
ports (berths) and warehouses that are used for performance of the operations linked
with cargo operations, as well as staying without the relevant permit in a territory of
the cargo sites, container terminals (grounds), cargo districts (fields), ports
(berths), locks and warehouses mentioned above, shall –
entail a fine in amount of ten monthly calculation indices.
Article 626. Violation of the rules on protection of
cargo on air transport 1. Damage of seals and locking devices of containers, breakage of seals from them,
damage of separate cargo items and their packing, packs, fences of warehouses that are
used for performance of the operations linked with cargo operations on air transport,
shall –
entail a fine in amount of ten monthly calculation indices.
2. Damage of containers and transport vehicles designated for carriage of cargo on
air transport, shall –
entail a fine in amount of ten monthly calculation indices.
Article 627. Violation of the rules of operation of tractors,
other self-propelled vehicles and equipment
Violation of the rules of operation of tractors, other self-propelled vehicles and
equipment, with the exception of the rules provided by Articles 333, 334, 590, 610, 617,
619 of this Code, shall –
entail a fine on individuals in amount of three monthly calculation indices.
Article 628. Untimely payment of passenger fare on toll
automobile roads (fields)
Untimely payment of passenger fare on toll automobile roads (fields), shall –
entail a fine on individuals in amount of five, on legal entities – in amount of
ten monthly calculation indices.
Article 629. Systematic violation of the rules of operation and
road traffic by individuals operating transport vehicles
Footnote. Article 629 is excluded by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 630. Damage of roads, railroad crossings and
other road structures
1. Damage of roads, railroad crossings and other structures or technical means of
regulating road traffic, including pollution of the road surface or driving of animals
outside the special allocated places and through the roads with improved surface, as
well as visibility restriction of the means of regulating road traffic due to
installation of different structures or planting of green plantings, or their untimely
cutting, shall –
entail a fine on individuals in amount of two, on civil servants, subjects of
small entrepreneurship – in amount of ten, on subjects of medium entrepreneurship – in
amount of twenty, on subjects of large entrepreneurship – in amount of thirty monthly
calculation indices.
2. Violations provided by a part one of this Article that entailed traffic
accident with infliction of a light harm to health of an injured party, damage of
transport vehicles, cargo or another property, shall –
entail a fine on individuals in amount of five, on civil servants, subjects of
small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship –
in amount of fifty, on subjects of large entrepreneurship – in amount of one hundred
monthly calculation indices.
Footnote. Article 630 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 631. Violation of the rules of maintenance of the
roads, railroad crossings and other road structures 1. Non-fulfillment of the requirements on performance of works on the roads,
maintenance of roads, railroad crossings and road structures, other requirements
established by the road traffic safety rules, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
ten, on subjects of medium entrepreneurship – in amount of fifteen, on subjects of large
entrepreneurship – in amount of thirty monthly calculation indices.
2. The actions provided by a part one of this Article that entailed the traffic
accident with infliction of a light harm to health of an injured party, damage of
transport vehicles, cargo, roads, road and other structures or another property, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
fifteen, on subjects of medium entrepreneurship – in amount of twenty, on subjects of
large entrepreneurship – in amount of thirty monthly calculation indices.
Footnote. Article 631 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 632. Violation of the rules of maintenance of the
control wells of underground facilities creating
a threat to road traffic safety
1. Violation of the rules of maintenance of the control wells of underground
facilities being on a carriage way, and equally failure to take measures on elimination
of the defects of the underground facilities leading to water, technical fluids, steam
outflow on a road surface and demolition of the roadway, creation of icing, visibility
restrictions and other obstacles due to this reason, shall –
entail a fine on civil servants, subjects of small entrepreneurship or non-profit
organizations in amount of ten, on subjects of medium entrepreneurship – in amount of
twenty, on subjects of large entrepreneurship – in amount of thirty monthly calculation
indices.
2. The same violations that entailed traffic accident with infliction of a light
harm to health of the people, damage of transport vehicles, cargo and another property,
shall –
entail a fine on civil servants, subjects of small entrepreneurship or non-profit
organizations in amount of fifteen, on subjects of medium entrepreneurship – in amount
of thirty, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
Footnote. Article 632 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 633. Violation of the rules of protection and use
of the right of way of automobile roads 1. Plowing land reserves, cutting, grubbing and damage of plantings, turf removal
and digging of earth, storage materials and cargo, performance of topographic and other
works, equipping of crossroads and entrances, building of structures, underground and
above-ground structures or communications, installation of advertising and another
information in a right of way of automobile roads without coordination in the
established manner, as well as firing, cattle grazing, landfill and snow disposal sites,
trade outside the established places within the borders of the right of way, disposal of
sewage, commercial, amelioratory and discharge waters in a roadway drainage system or
use of the road side ditches as irrigators, shall –
entail a fine on individuals in amount of three, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of thirty, on subjects of large entrepreneurship –
in amount of fifty monthly calculation indices.
2. The violations provided by a part one of this Article that entailed the traffic
accidents with infliction of light bodily damage to the people, damage of transport
vehicles or another property or committed repeatedly second time within a year after
imposition of the administrative sanction provided by a part one of this Article, shall
–
entail a fine on individuals in amount of five, on subjects of small
entrepreneurship or non-profit organizations – in amount of twenty five, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices.
Article 634. Violation of the rules of operation and protection
of automobile roads and road structures by land users Failure to fulfill the obligations on arrangement, repair and regular clearing of
pedestrian footpaths and pedestrian (crossing) overpasses, irrigation systems admitting
water logging of automobile roads and bogging of the right of way being settled on the
fields of land users adjoining to the right of way of automobile roads, as well as the
obligations on maintenance of technical working condition and clearance of the egresses
from the fields being settled on these users or approaching lines to the public
automobile road, including the crossing overpasses, shall –
entail a fine on individuals in amount of three, on subjects of small
entrepreneurship or non-profit organizations – in amount of ten, on subjects of medium
entrepreneurship – in amount of twenty, on subjects of large entrepreneurship – in
amount of thirty monthly calculation indices.
Article 635. Violation of the rules of protection
of main pipelines
Violation of the rules of protection of main pipelines, shall –
entail a notification or fine on individuals in amount of one, on subjects of
small entrepreneurship or non-profit organizations – in amount of ten, on subjects of
medium entrepreneurship – in amount of twenty, on subjects of large entrepreneurship –
in amount of thirty monthly calculation indices.
Chapter 31. ADMINISTRATIVE INFRACTIONS IN THE FIELD
OF INFORMATIZATION AND COMMUNICATION
Article 636. Illegal connection of terminal units (equipment)
to the telecommunication networks 1. Illegal connection of terminal units (equipment) to the telecommunication
networks, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of one hundred monthly calculation indices.
2. The actions provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on individuals in amount of ten, on subjects of small
entrepreneurship or non-profit organizations – in amount of thirty five, on subjects of
medium entrepreneurship – in amount of sixty, on subjects of large entrepreneurship – in
amount of three hundred monthly calculation indices, with the confiscation of the
terminal units (equipment).
Note. The terminal units (equipment) shall be regarded as the technical means of
signal forming of electrical and radio communication connected to the lines and being in
use of the subscribers for transfer and receipt of the information set by the
subscribers through the channels of communications (radio broadcasting points, telephone
apparatuses, telefax machines, data transmission units, terminal units of different
telematics services, equipment of the cable television, extenders of telephone link,
radio telephones and others).
Article 637. Breach of the legislation of the Republic of
Kazakhstan in the field of communications
1. Breach of the legislation of the Republic of Kazakhstan in the field of
communications committed in the form of:
1) unreasonable refusal of an incumbent operator from connection of the
telecommunication networks to the public telecommunication network, as well as violation
of the procedure for traffic transmission;
2) violation of the terms for connection of telecommunication networks to the
public communication network provided by the legislation of the Republic of Kazakhstan
in the field of communications;
3) violation of the levels of connecting telecommunication networks by
communications providers, including traffic transmission and procedure for settlement
payments;
4) cutoff and (or) limitation of communications with the numbers of gratuitous
connections with emergency medical, law enforcement, fire, accident, reference and other
services;
5) non-compliance with the size of tariffication units;
6) limitation of the subscribers’ rights by communications providers on own
networks on choosing a provider of inter-city and (or) international telephone
communications;
7) failure to notify the subscribers about a cost of connecting upon providing the
access to intellectual services (lottery, voting, game shows, quiz programs, reference
and information services, dating services);
8) rendering of communication services to users that do not conform to the quality
standards, technical regulations and quality indices of the communication services;
9) use of the radio frequency spectrum for the purposes other than that intended
type of communications and (or) standard, and equally non-conformance of the technical
parameters of the radio frequency spectrum and radio electronic means to the data stated
in a special permit;
10) non-compliance with the procedure for carrying out the transfer of
subscriber's numbers in cellular networks by a communications provider, as well as
organizational technical interaction with the data base statement of the subscribers’
numbers upon rendering of the services of transferring the subscribers’ numbers, shall –
entail a fine on civil servants, subjects of small entrepreneurship – in amount of
twenty, on subjects of medium entrepreneurship – in amount of forty, on subjects of
large entrepreneurship – in amount of one hundred monthly calculation indices.
2. The acts provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on civil servants, subjects of small entrepreneurship in amount of
forty, on subjects of medium entrepreneurship – in amount of eighty, on subjects of
large entrepreneurship – in amount of two hundred monthly calculation indices.
3. Violation of the obligation on collection and storage of official information
on subscribers, shall –
entail a fine on subjects of small entrepreneurship in amount of fifty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of five hundred monthly calculation indices.
4. The action provided by a part three of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine on subjects of small entrepreneurship in amount of one hundred, on
subjects of medium entrepreneurship – in amount of two hundred, on subjects of large
entrepreneurship – in amount of one thousand monthly calculation indices, with the
suspension of a separate type of activity or license validity term for a particular type
of activity up to three months.
Article 638. Use of the communications means subjected
to the compulsory confirmation of conformance,
but that did not pass it
1. Use of the technical means of communications in unified telecommunications
network of the Republic of Kazakhstan, and equally use of radio electronic means and
high frequency devices that are the sources of electromagnetic radiation, technical
means of postal communications subjected to the compulsory confirmation of conformance
in the field of technical regulation and that did not pass it, shall –
entail a notification or fine on individuals in amount of five, on subjects of
small entrepreneurship or non-profit organizations – in amount of sixty, on subjects of
medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a notification or fine on individuals in amount of ten, on subjects of
small entrepreneurship or non-profit organizations – in amount of one hundred twenty, on
subjects of medium entrepreneurship – in amount of one hundred fifty, on subjects of
large entrepreneurship – in amount of three hundred monthly calculation indices, with
the confiscation of non-approved communications means.
Article 639. Violation of the requirements on operation of the
means of protection of informational resources
Violation of the requirements on operation of the means of protection of
informational resources, shall –
entail a notification or fine on individuals in amount of ten, on civil servants,
subjects of small entrepreneurship or non-profit organizations – in amount of twenty, on
subjects of medium entrepreneurship – in amount of thirty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
Article 640. Breach of the legislation of the Republic
of Kazakhstan on electronic document and
electronic digital signature
1. Non-fulfillment of the obligations provided by the legislative act of the
Republic of Kazakhstan on electronic document and electronic digital signature by the
certification authority, shall –
entail a fine in amount of two hundred monthly calculation indices.
2. Non-fulfillment of the obligations provided by the legislative act of the
Republic of Kazakhstan on electronic document and electronic digital signature by the
owner of certification authority, shall –
entail a fine in amount of fifty monthly calculation indices.
3. Unlawful receipt of the privacy key and (or) use of the other’s electronic
digital signature, shall –
entail a notification or fine on individuals in amount of ten, on civil servants,
subjects of small entrepreneurship or non-profit organizations – in amount of twenty, on
subjects of medium entrepreneurship – in amount of one hundred, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
4. Non-fulfillment of the obligations provided by the legislative act of the
Republic of Kazakhstan on electronic document and electronic digital signature by the
participants of the electronic document management system, shall –
entail a fine on individuals in amount of ten, on civil servants, subjects of
small entrepreneurship or non-profit organizations – in amount of twenty, on subjects of
medium entrepreneurship – in amount of forty, on subjects of large entrepreneurship – in
amount of two hundred monthly calculation indices.
Article 641. Breach of the legislation of the Republic of Kazakhstan on
informatization Use of electronic informational resources containing confidential details on
individuals and legal entities, for the purpose of infliction of property and moral
damage to them, restriction of exercising the rights and freedoms guaranteed by the
legislative acts of the Republic of Kazakhstan, shall –
entail a notification or fine on individuals in amount of ten, on civil servants,
subjects of small entrepreneurship or non-profit organizations – in amount of twenty, on
subjects of medium entrepreneurship – in amount of forty, on subjects of large
entrepreneurship – in amount of two hundred monthly calculation indices.
Chapter 32. ADMINISTRATIVE INFRACTIONS IN THE FIELD OF
MILITARY OBLIGATIONS, MILITARY SERVICE AND DEFENCE
Article 642. Non-representation or untimely representation
of the lists of citizens to the local body of military
administration subjected to primal military registration
or assignment to the draft offices
Non-representation or untimely representation of the lists of citizens to the
local body of military administration subjected to primal military registration or
assignment to the draft offices within established term, shall –
entail a fine on civil servants of organizations, educational organizations, as
well as civil servants of the organizations carrying out operation of residential
houses, and house owners – in amount of ten, on chief executive officers of
organizations, educational organizations – in amount of fifteen, on subjects of small
entrepreneurship – in amount of twenty, on subjects of medium entrepreneurship – in
amount of thirty, on subjects of large entrepreneurship – in amount of forty monthly
calculation indices.
Article 643. Unlawful actions (omission) that entailed
non-fulfillment of the measures of civil defence
Unlawful actions (omission) that entailed non-fulfillment of the measures of civil
defence, shall –
entail a fine in amount of fifty monthly calculation indices.
Article 644. Non-notification of citizens on calling local
body of military administration Non-notification of citizens on calling local body of military administration by a
head or other responsible person of the organization liable for military registration
work, and equally non-ensuring the possibility of the well-timed appearance for citizens
on calling of the local body of military administration, shall –
entail a fine in amount of ten monthly calculation indices.
Article 645. Untimely representation of the details on changing
the composition of resident citizens being liable or obliged
to be liable for military duty Untimely representation of the details on changing the composition of permanently
residing citizens being liable or obliged to be liable for military duty to the bodies
imposed by maintenance of the military registration, shall –
entail a fine in amount of ten monthly calculation indices.
Article 646. Non-notification of the details on the persons
liable for military service, draftees and citizens 1. Non-notification on recognizing the citizens liable or obliged to be liable for
military duty as disabled persons within established term by the civil servant of the
body of social protection of population, as well as on the persons liable for military
service and draftees being under in-patient treatment and subjected to regular medical
check-up by the civil servant of public health organizations to the local body of
military administration, shall –
entail a fine in amount of ten monthly calculation indices.
2. Non-notification on amending the registers for acts of civil status of the
citizens liable or obliged to be liable for military duty within established term by the
civil servant of the civil registry office to the local body of military administration,
shall –
entail a fine in amount of ten monthly calculation indices.
3. Non-notification on the employed citizens (admitted to studies) obliged to be
registered, but that are not registered for military duty at the place of residence by a
head or other civil servants of organization to the body carrying out military
registration, shall –
entail a fine in amount of ten monthly calculation indices.
4. Non-notification on the persons liable for military service and draftees in
respect of whom the inquest or preliminary investigation is carried out, to the local
body of military administration by the civil servants of the bodies of inquiry and
preliminary investigation being liable for notifying within the term established by the
legislation, shall –
entail a fine in amount of ten monthly calculation indices.
5. Non-notification on the persons liable for military service and draftees in
respect of whom the court considers criminal cases, as well as on the verdicts entered
into legal force in respect of them by the civil servants of courts being liable for
notifying the local body of military administration within the term established by the
legislation, shall –
entail a fine in amount of ten monthly calculation indices.
Article 647. Non-fulfillment of the obligations on military
registration by citizens Non-appearance of a citizen being liable or obliged to be liable for military duty
on calling of the local body of military administration within the designated term
without reasonable excuse or arrival to the inhabited locality (administrative district)
for a permanent place of residence or place of temporary stay (for the term more than
three months), as well as on official detached service, studies, vacation or treatment
(for the term more than three months) being liable to refer to the public service centre
at the place of arrival with the application on military registration, shall –
entail a fine in amount of five monthly calculation indices.
Article 648. Avoidance from medical examination or trainings
1. Avoidance from medical certification or examination according to referral of
the commission on military registration or draft committee of the citizens, shall –
entail a fine on persons liable for military service in amount of five monthly
calculation indices, and on draftees – a notification or fine in amount of three monthly
calculation indices.
2. Avoidance of the persons liable for military service from military trainings,
shall –
entail a fine in amount of five monthly calculation indices.
Article 649. Malicious damage or loss of military
registration documents Malicious damage or destruction of the military card or other accounting military
documents of a citizen subjected to call to military service, and equally loss of the
military card or other accounting military documents of the citizen subjected to call to
military service due to the fault of the owner, shall –
entail a notification or fine in amount of five monthly calculation indices.
Article 650. Avoidance from training for military service
Avoidance from training for military service of the draftees on the military
technical specialties according to referral of the bodies of military administration or
non-attendance of studies of educational organizations without reasonable excuses, shall
–
entail a notification or fine in amount of one monthly calculation index.
Article 651. Illegal calling of citizens to compulsory military
service and military service under the contract,
representation of illegal deferrals Illegal calling of citizens to compulsory military service and military service
under the contract or representation of illegal deferrals, shall –
entail a fine in amount of seventeen monthly calculation indices.
Article 652. Breach of the legislation of the Republic of
Kazakhstan in the field of military service
Footnote. The title of Article 652 is in the wording of the Law of the Republic of
Kazakhstan dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
1. Insult of one military servant by another during fulfillment or due to
fulfillment of the obligations of the military service, shall –
entail a fine in amount of twenty five monthly calculation indices or
administrative arrest fir the term up to ten days.
2. The action provided by a part one of this Article committed repeatedly second
time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of fifty monthly calculation indices or administrative
arrest for the term up to fifteen days.
3. Willful leaving the military unit or duty areas, and equally non-appearance at
service in due time without the reasonable excuses upon dismissal from the unit,
appointment, transfer, from detached service, vacation or medical institution lasting
more than two days, but no more than ten days committed by the military servant doing
military service on call or under contract, in time of peace, shall –
entail a fine in amount of twenty five monthly calculation indices or
administrative arrest for the term up to ten days.
4. The actions provided by a part three of this Article lasting more than ten
days, but no more than one month, shall –
entail a fine in amount of fifty monthly calculation indices or administrative
arrest for the term up to fifteen days.
5. Violation of the rules for service by the person that is the part of the
military detail on protection of public order and ensuring the public security, if this
action does not contain the signs of a criminally punishable act shall –
entail a fine in amount of ten monthly calculation indices or administrative
arrest for the term up to five days.
6. Insubordination, i.e. open refusal from execution of the order of the head, and
equally intentional non-execution of the order of the head delivered in established
manner by a subordinate that did not inflict essential damage to service interests shall
–
entail a fine in amount of twenty five monthly calculation indices or
administrative arrest for the term up to fifteen days.
Footnote. Article 652 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 652-1. Insubordination or another non-execution
of the order Footnote. Article 652-1 is excluded by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 652-2. Willful leaving the unit or duty area Footnote. Article 652-2 is excluded by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 652-3. Violation of the rules for service on protection
of public order and ensuring the public security
Footnote. Article 652-4 is excluded by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Chapter 33. ADMINISTRATIVE INFRACTIONS ENCROACHING ON
THE INSTITUTE OF THE STATE POWER
Article 653. Contempt of court 1. Contempt of court being expressed in the absence from court without the
reasonable excuses of participants of the proceeding and other persons by summons,
notice, notification or calling in cases when the further consideration of the case in
their absence is impossible, insubordination of the regulations of the chairman in a
court sitting, violation of the rules established in court, as well as the other actions
(omission) obviously indicating contempt of court and (or) judge, shall –
entail a notification or fine in amount of twenty monthly calculation indices or
administrative arrest for the term up to five days.
2. The action (omission) provided by a part one of this Article committed
repeatedly second time within a year after imposition of the administrative sanction,
shall –
entail a fine in amount of thirty monthly calculation indices or administrative
arrest for the term up to ten days.
Article 654. Responsibility of participants of the
administrative infraction proceeding
Refusal or non-appearance of a participant of a proceeding in the body (civil
servant) considering the case on administrative infraction without the reasonable excuse
that conditioned postponement of the proceeding on the case, shall –
entail a fine in amount of ten monthly calculation indices.
Article 655. Absence from court for fulfillment of
the obligations of a jury
Absence of a citizen from court on calling without the reasonable excuse for
fulfillment of the obligations of a jury, shall –
entail a notification or fine on individuals in amount of ten monthly calculation
indices.
Article 656. Non-presentation of information for making
the lists of candidates for jurors Non-presentation of information required to the local executive bodies for making
the lists of candidates for jurors, and equally representation of inaccurate
information, shall –
entail a notification or fine in amount of fifteen monthly calculation indices.
Article 657. Non-fulfillment of the obligations by a jury,
as well as non-compliance with the restrictions linked
with consideration of a case in judicial proceeding
1. Non-fulfillment of the obligations by a jury, as well as non-compliance with
the restrictions linked with consideration of a case in judicial proceeding established
by the Laws of the Republic of Kazakhstan, shall –
entail a fine on individuals in amount of twenty monthly calculation indices.
2. The same actions that entailed removal of a jury from the further participation
in consideration of the case, shall –
entail a fine on individuals in amount of two hundred monthly calculation indices.
Article 658. Refusal or avoidance of a witness from testimony
Refusal or non-appearance of the person subjected to inquiry by the body (civil
servant) authorized to consider the cases on administrative infraction without
reasonable excuses as a witness from testimony, shall –
entail a fine in amount of two monthly calculation indices.
Article 659. Knowingly false testimony of a witness,
injured party, expert conclusion or incorrect translation
1. Knowingly false testimony of a witness, injured party, expert conclusion to the
body (civil servant) upon consideration of the case on administrative infraction and in
the course of conducting examination of medical activity, as well as knowingly incorrect
translation made by a translator in the same cases, shall –
entail a fine on individuals in amount of ten, on civil servants – in amount of
twenty monthly calculation indices.
2. The same actions committed by the experts upon conducting examination of
medical activity repeatedly second time within a year after imposition of the
administrative sanction, shall –
entail a fine on individuals in amount of twenty, on civil servants – in amount of
thirty monthly calculation indices.
Note. The witness, injured party, expert or translator shall be released from
administrative liability, if in the course of considering the case on administrative
infraction they stated on falseness of the testimony, conclusion or incorrect
translation on a voluntary basis before rendering of decision on the case by the
authorized body (civil servant).
Article 660. Concealment of administrative infraction
and falsification of evidences on the cases on
administrative infractions 1. Intentional failure to take measures on initiation of the administrative
infraction proceeding in existence of the components of the infraction within the term
of limitation committed by a civil servant being authorized to draw up a protocol on the
administrative infraction, if this action does not contain the signs of a criminally
punishable act, shall –
entail a fine in amount of fifty monthly calculation indices.
2. Falsification of evidences on the cases on administrative infractions, if this
action did not entail infliction of a harm to human health or essential damage, shall –
entail a fine in amount of fifty monthly calculation indices.
Footnote. Article 660 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 661. Refusal or avoidance of a civil servant from
performance of the regulation or instruction on conducting the
examination or requirement on calling a specialist Refusal or non-appearance of the civil servant to whom the regulation or
instruction of the body of state supervision and control is directed, from conducting
the examination or from requirement on calling a specialist for participation in
exercising control, performance of drawing up the documents, the administrative
infraction proceeding or its consideration, from their performance without reasonable
excuses, shall –
entail a fine in amount of twenty monthly calculation indices.
Article 662. Violation of a personal surety on appearance of
an accused (suspected) person
Violation or non-exercise of the written guarantee by the persons that gave it, on
appearance of an accused (suspected) person to the person carrying out an inquest,
investigator or to the court that entailed avoidance of the accused (suspected) person
from investigation or court, shall –
entail a fine in amount of three monthly calculation indices.
Article 663. Violation of the obligation on ensuring the
appearance of a minor accused (suspected) person
Violation of the written obligation by parents, guardian, trustee or
representative of the administration of a special closed child welfare institution that
gave it, on ensuring the appearance of the minor accused (suspected) person placed under
their care to the investigator, inquirer or to the court that entailed his (her)
avoidance from investigation and court, shall –
entail a fine in amount of one monthly calculation index.
Article 664. Failure to take measures on special ruling,
decree of court, recommendation of a procurator,
investigator or inquirer
Leaving of a special ruling, decree of court, recommendation of a prosecutor,
investigator or inquirer by a civil servant without consideration, or failure to take
measures on elimination of the breaches of the law stated in them, and equally untimely
respond to the special ruling, decree or recommendation, shall –
entail a fine in amount of eight monthly calculation indices.
Article 665. Non-appearance to a prosecutor, investigator and
to the body of inquiry, officer of justice, bailiff
1. Non-appearance on calling of a prosecutor, investigator, body of inquiry for
testimony to the officer of justice, bailiff on the issues of execution proceeding, and
equally refusal or knowingly false testimony, shall –
entail a fine on individuals in amount of three, on civil servants – in amount of
ten monthly calculation indices.
2. Non-performance of the requirements of a prosecutor, investigator, inquirer
submitted on the basis and in the manner established by the Law, shall –
entail a fine on individuals in amount of twenty, on civil servants – in amount of
fifty monthly calculation indices or administrative arrest for the term up to five days.
Article 666. Non-notification or untimely notification
of a prosecutor
Non-notification or untimely notification of a prosecutor on production of the
actions by the state body requiring such notification in accordance with the legislative
acts, shall –
entail a fine in amount of two hundred monthly calculation indices.
Article 667. Obstruction of legal activity of a prosecutor,
investigator, inquirer, bailiff, officer of justice
Obstruction of legal activity of a prosecutor, investigator, inquirer, bailiff,
officer of justice being expressed in denying full access to a building, premise or
territory of the state body, organization upon representing service certificate, as well
as refusal from representing required documents, materials, statistical and other
details, conduct of inspections, revisions and examinations, selections of specialists,
and equally failure to perform the requirements, shall –
entail a notification or fine on civil servants in amount of twenty monthly
calculation indices or administrative arrest for the term up to five days.
Article 668. Obstruction of legal activity of an advocate Obstruction of carrying out the legal activity of an advocate or bar association,
legal advice, legal firm by a civil servant being expressed in non-representation or
refusal from representation of required documents, materials or details within the terms
established by the legislation upon written request, required for carrying out of their
professional obligations, if these actions do not have the signs of a criminally
punishable act, shall -
entail a fine in amount of twenty monthly calculation indices.
Article 669. Failure to execute the court verdict, court
decision or another judicial act and enforcement document Failure to execute the court verdict, court decision or another judicial act and
enforcement document, shall –
entail a fine on individuals in amount of ten, on civil servants, private
notaries, judicial enforcement agent, advocates – in amount of twenty monthly
calculation indices or administrative arrest for the term up to five days, on subjects
of small entrepreneurship – in amount of thirty, on subjects of medium entrepreneurship
– in amount of forty, on subjects of large entrepreneurship – in amount of fifty monthly
calculation indices.
Article 670. Non-execution of the decree and other legal
requirement of an officer of justice bailiff
1. Non-execution of the decrees and other legal requirements of an officer of
justice by civil servants and individuals without reasonable excuses linked with
execution of the enforcement document, including on representation of the details within
the term appointed by him (her) on a place of work of a debtor and his (her) incomes,
performance of deduction according to enforcement document and transmission of the
recovered sum to a recoverer, on levy of execution on sums of money and property of the
debtor being in possession of other individuals and legal entities, shall –
entail a fine on individuals in amount of ten, on legal entities – in amount of
twenty monthly calculation indices.
2. Representation of knowingly inaccurate details to an officer of justice, as
well as on incomes and property status of a debtor, shall –
entail a fine on individuals in amount of twenty, on legal entities – in amount of
fifty monthly calculation indices.
3. Non-performance of legal requirements of a bailiff, shall –
entail a fine in amount of fifty monthly calculation indices.
Article 671. Failure to report on change of the place of
work and residence of the person being a debtor on
execution proceeding to an officer of justice Failure to report on dismissal from work of the person paying payments, as well as
on his (her) new place of work and residence within the term of one month by the person
carrying out deduction according to the enforcement document if it is known by him (her)
to an officer of justice and the person receiving alimonies without valid excuse, shall
–
entail a fine in amount of ten monthly calculation indices.
Article 672. Loss of enforcement document Loss of the enforcement document by a civil servant of organization transferred to
him (her) for execution or another enforcement document, shall –
entail a fine in amount of thirty monthly calculation indices.
Note. According to this Article, the recoverers shall not be brought to
administrative liability.
Article 673. Obstruction of the execution of enforcement
documents to an officer of justice Obstruction of committing the actions of an officer of justice, bailiff by
individuals and legal entities on levy of execution on the property (inventory,
assessment, arrest, bidding) or refusal from performance of his (her) requirements due
to this, shall –
entail a fine on individuals in amount of ten, on civil servants – in amount of
twenty monthly calculation indices or administrative arrest for the term up to five
days.
Article 674. Illegal wearing the state awards 1. Wearing orders, medals, lapel badges to honorary title, badges of merit of the
Republic of Kazakhstan, Kazakh SSR, USSR or ribbons of order, ribbons of medals on the
bars by the person that does not have the right, shall –
entail a fine in amount of three monthly calculation indices with the confiscation
of the order, medal, lapel badge to honorary title, badge of merit of the Republic of
Kazakhstan, Kazakh SSR, USSR or ribbons of order, ribbons of medals on the bars.
2. Establishment or production of the badges having similar name or similarity of
appearance with the state awards, shall –
entail a fine on individuals in amount of five, on civil servants – in amount of
ten monthly calculation indices with the confiscation of the badges.
Article 675. Illegal wearing (use) of clothes with the rank
badges and (or) symbolics of military uniform, as well as
official uniform and special outfit
1. Illegal wearing (use) of clothes with the rank badges and (or) symbolics of
military uniform, as well as official uniform and special outfit, shall –
entail a fine on individuals in amount of five, on legal entities in amount of
twenty five monthly calculation indices, with the confiscation of the clothes with the
rank badges and (or) symbolics of military uniform, as well as official uniform and
special outfit.
2. The same action committed by a legal entity having a license for carrying out
the protection activity, due to carrying out of this activity, shall –
entail a fine on legal entities in amount of thirty monthly calculation indices,
with the confiscation of the clothes with the rank badges and (or) symbolics of military
uniform, as well as official uniform and special outfit.
Chapter 34. ADMINISTRATIVE CORRUPTION INFRACTIONS
Article 676. Provision of illegal material remuneration
to individuals Provision of illegal material remuneration, gifts, benefits or services by
individuals to the persons authorized to perform the state functions, or to the persons
equated to them, if these actions do not contain the signs of a criminally punishable
act, shall –
entail a fine in amount of two hundred monthly calculation indices.
Article 677. Receipt of illegal material remuneration by
the person authorized to perform the state functions,
or by the person equated to him (her)
Receipt of illegal material remuneration, gifts, benefits or services by the
person authorized to perform the state functions, or by the person equated to him (her)
personally or through intermediary for the actions (omission) in favour of the persons
that provided them, if such actions (omission) are included into official powers of the
person authorized to perform the state functions, or the person equated to him (her), if
these actions do not contain the signs of a criminally punishable act, shall –
entail a fine in amount of six hundred monthly calculation indices.
Article 678. Provision of illegal material
remuneration by legal entities
1. Provision of illegal material remuneration, gifts, benefits or services by
legal entities to the persons authorized to perform the state functions, or to the
persons equated to them, if these actions do not contain the signs of a criminally
punishable act, shall –
entail a fine in amount of seven hundred fifty monthly calculation indices.
2. The same actions provided by a part one of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail a fine in amount of one thousand five hundred monthly calculation indices.
Article 679. Carrying out of illegal entrepreneurial activity
and receipt of illegal incomes by the state bodies and
bodies of local self-government Engagement in entrepreneurial activity by the state bodies, bodies of local self-
government outside the functions imposed on them by the legislation or receipt of the
material goods and advantages, besides the established sources of financing, shall –
entail a fine on heads of these organizations in amount of six hundred monthly
calculation indices.
Article 680. Failure to take measures on fight against
corruption by heads of the state bodies
Failure to take measures by heads or executive secretaries or other civil servants
determined by the President of the Republic of Kazakhstan, state bodies, Armed Forces of
the Republic of Kazakhstan, other forces and military formations of the Republic of
Kazakhstan within the scope of powers, in respect of the persons subordinated to them,
being guilty of commission of corruption infractions, or taking the mentioned measures
with the breach of the legislation on fight against corruption, or non-representation of
the relevant information to the state revenues bodies at the place of residence of the
guilty persons, shall –
entail a fine in amount of one hundred monthly calculation indices.
Article 681. Employment of the persons that previously
committed a corruption crime
Employment of the persons that previously committed a corruption crime by a head
of the state bodies, institutions and enterprises or by a head of the national
companies, national management holdings, national holdings, national development
institute, as well as their branch organizations, shall –
entail a fine in amount of one hundred monthly calculation indices.
SECTION 3. THE BODIES AUTHORIZED TO CONSIDER THE CASES ON
ADMINISTRATIVE INFRACTIONS
Chapter 35. GENERAL PROVISIONS
Article 682. The bodies (civil servants) authorized to
consider the cases on administrative infractions The cases on administrative infractions shall be considered by:
1) judges of the specialized administrative courts;
2) judges of the specialized interdistrict juvenile courts;
3) civil servants of the state bodies authorized by this Code.
Note. If there are no the specialized interdistrict administrative court and
specialized interdistrict juvenile court in a territory of the relevant administrative
territorial entity, the district (city) courts shall have the right to consider the
cases related to their court jurisdiction.
Article 683. Differentiation of the competence of the bodies
(civil servants) authorized to consider the cases on
administrative infractions
1. The judges shall consider the cases on administrative infractions related to
their jurisdiction by this Code.
2. The civil servants of the state bodies, authorized to consider the cases on
administrative infractions shall consider the cases and impose the administrative
sanctions for administrative infractions, with the exception of the cases mentioned in
Article 684 of this Code.
3. The cases on administrative infractions, the one of the types of administrative
sanction for which provides administrative arrest, administrative expulsion of foreign
persons or stateless persons beyond the borders of the Republic of Kazakhstan,
confiscation of the subjects that are the tool or subject for commission of
administrative infraction, and equally confiscation of incomes (dividends), money and
securities received due to commission of the administrative infraction, deprivation of
the special right afforded to a particular person (including the right of operating
transport vehicle), deprivation of the licenses, special permission, qualification
attestation (certificate) for particular type of activity, or commission of particular
actions, compulsory demolition of illegally building or built structure, suspension or
prohibition of the activity, shall be considered by a judge.
4. In accordance with Article 24 of this Code, upon written application of the
person in respect of whom the administrative infraction proceeding is conducted, the
case on any infraction provided by the Special part of section 2 of this Code, shall be
considered by a judge, if it is filed before consideration of the case on administrative
infraction.
5. Upon written application of a legal representative of the person in respect of
whom the administrative infraction proceeding is conducted, or of an injured party that
are the minors and are deprived of possibility to exercise own rights on an individual
basis due to physical or mental condition, the case may be considered in the specialized
district courts and administrative courts equated to them, and in the absence of such –
in general courts.
Chapter 36. JURISDICTION OF THE CASES ON ADMINISTRATIVE
INFRACTIONS, COMPETENCE OF CIVIL SERVANTS ON CONSIDERING
THE CASES AND IMPOSITION OF ADMINISTRATIVE SANCTIONS
Article 684. Courts
1. The courts of specialized district and equated to them administrative courts
shall consider the cases on administrative infractions provided by Articles 73, 74, 75
(parts one, two, five and six), 76, 77, 78, 79, 80 (part four), 81 (part two), 82 (part
two), 82-1, 85, 86 (part four), 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109,
110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 139
(part two), 145, 149, 150, 151 (part two), 153, 154, 158, 159, 160 (part two), 169
(parts two, seven, ten, eleven, twelve, thirteen and fourteen), 170 (parts seven and
nine), 171, 173, 174 (part two), 175, 176, 182, 183, 184, 185, 187 (parts two, three,
four and five), 189, 190 (parts two, three and four), 191, 193 (parts two and three),
199 (part two), 200, 2011 (part one), 214, 216, 219, 233 (part three), 235, 236, 237,
245, 246, 247 (part six), 251, 252 (part two), 281 (parts four, five and six), 282
(parts three, four, six, seven, nine, eleven and thirteen), 283, 294 (parts one and
two), 296 (part two), 299 (part two), 310, 311, 312 (part two), 313, 314, 316 (part
two), 317 (part four), 319, 320 (parts one, two, three and four), 326 (parts three and
four),
333 (part fourteen), 357, 360 (part one), 382 (parts two and three), 383 (parts
two and three), 385 (part two), 389, 392 (part three), 395 (part two), 396 (part two),
397 (part four), 398, 399 (parts two and three), 400 (part two),
401 (parts six and seven), 402 (part four), 404 (part nine), 405 (part one), 407
(parts two and three), 409 (part seven), 410-1, 413, 414, 415 (part two), 416, 417
(parts one and six), 419 (part two), 422, 423 (part two), 424 (parts three and five)
425 (part two), 426 (parts two and three), 427, 433 (part two), 434, 436, 439, 440
(parts four and five), 443 (part two), 444 (part one), 445, 446, 449 (parts two and
three), 450, 451, 452 (parts three, four and six and subparagraphs 4), 5) and 6) of part
nine), 453, 454 (part two), 455 (part four), 456. 461, 462, 463, 464 (part two), 465,
467, 469 (part two), 470 (part two), 476, 477, 478, 479, 480, 481, 482, 483, 485 (part
two), 488, 489 (parts two, three, four, five, six, seven and eight), 490, 495 (part
two), 496 (part two), 498, 506, 507, 508, 509, 512 (part two), 513 (part two), 514 (part
two), 516, 517 (parts two, four, five, six and seven), 528 (part one),
532, 541, 543 (parts one and three), 544, 545, 548 (part two), 549, 550, 551 (part
two), 552 (part two), 563 (part two), 564 (part five), 569 (parts one, two and four),
583 (part two), 590 (part four), 596 (parts three and five), 603 (parts one and two),
604 (part two), 605 (parts three and four), 606 (part two), 607 (part two), 608, 610,
611 (parts two and three), 613 (parts one, two, three, four, five, six, seven, eight,
nine, ten and eleven), 615 (part four), 618, 621 (part three), 636 (part two), 637 (part
four), 638 (part two), 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 664,
665, 666, 667, 668, 669, 673, 674, 675, 676, 677, 678, 679, 680, 681
of this Code, with the exception of the cases provided by a part three of this
Article.
2. The judges of the specialized interdistrict juvenile courts shall consider the
cases:
1) on administrative infractions committed by minors provided by Articles 435, 436
(part three), 438 (part three), 440 (parts four and five), 442, 448 of this Code;
2) on administrative infractions provided by Articles 127, 128, 129, 130, 131,
132, 133, 134, 135, 430 (part two), 663 of this Code.
3. The judges of the Supreme Court of oblast, district and equated to them courts
shall consider the cases provided by Article 653 of this Code, on the facts of contempt
of court from the side of the person attending a procedure, established in the course of
the judicial proceeding.
Footnote. Article 684 as amended by the Laws of the Republic of Kazakhstan dated
07.11.2014 No. 248-V (shall be enforced from 01.01.2015); dated 29.12.2014 No. 269-V
(shall be enforced from 01.01.2015); dated 29.12.2014 No. 272-V (shall be enforced from
01.01.2015); dated 19.05.2015 No. 315-V (shall be enforced upon expiry of ten calendar
days after the date of its first official publication).
Article 685. Internal affairs bodies (police)
1. The internal affairs bodies shall consider the cases on administrative
infractions provided by Articles 146, 147, 156, 190 (part one), 192, 196, 197, 198, 204,
230 (part two) (in part of infractions committed by the owners of transport vehicles and
carriers by automobile transport and city rail transport), 334, 359, 364, 382 (part
one), 383 (parts one and two),
386 (part one), 395 (part one), 396 (part one), 408, 420, 421, 423 (part one),
432, 433 (part one), 437, 438 (parts one and two), 440 (parts one, two and three), 441,
443 (part one), 444 (part two), 448, 449 (part one), 458, 464 (part one), 469 (part
one), 470 (part one), 484, 485 (part one), 486, 487, 489 (parts one, nine, ten and
eleven), 492, 493, 494, 495 (part one), 496 (parts one and three), 505, 510, 512 (part
one), 513 (part one), 514 (part one), 515, 517 (parts one and three),
518, 519 (parts one, three, five and six), 559 (parts one, two, four and five),
560, 562, 564 (part four), 566, 572 (part two), 574, 590 (parts one, two, three, five,
six, seven, eight, nine and ten), 591, 592, 593 (parts one and eight), 594, 595, 596
(parts one, two and four), 597, 598, 599, 600, 601, 602, 603 (part three), 604 (part
one), 605 (parts one, two, five, six and seven), 606 (part one), 607 (part one), 609,
611 (part one), 612, 613 (parts twelve and thirteen), 614, 615 (parts one, two and
three),
617, 619, 620, 621 (parts one, two, four), 622, 625 (with the exception of
violations of automobile transport), 626, 630, 631, 632, 635 of this Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose administrative sanctions in behalf of the internal
affairs bodies:
1) under all the Articles of this Code related to the jurisdiction of the internal
affairs bodies – the heads of the internal affairs bodies and their deputies;
2) for the administrative infractions provided by Articles, 146, 147, 192, 197,
204, 364, 382 (part one), 383 (part one and two), 386, 395 (part one), 396 (part one),
408, 433 (part one), 437, 438 (parts one and two), 440 (parts one, two and three), 441,
443, 444 (part two), 484, 487, 492, 493, 494, 505 (part one), 510, 512 (part one), 513
(part one), 514 (part one), 515, 517 (parts one and three), 518, 519 (parts one, three,
five and six) of this Code – the heads of the city, district divisions of the internal
affairs bodies;
3) for administrative infractions provided by Articles 196, 197, 204, 382 (part
one), 440 (parts one, two and three), 441, 443, 444 (part two), 484, 487, 510, 513 (part
one), 514 (part one), 515, 519 (parts one, three, five and six), 559 (parts one, two,
four, five), 560, 562, 564 (part four), 566, 621 (part one), 630 (part one) of this Code
– the heads of line divisions, line points of the internal affairs bodies;
4) for administrative infractions provided by Articles 146, 204, 230 (part two)
(in part of infractions committed by the owners of transport vehicles and carriers by
automobile transport and city rail transport), 334, 364, 383 (parts one and two), 386,
408, 437 (part one), 440 (parts one, two and three), 441, 444 (part two), 492, 493, 494,
505, 572, 574, 590 (parts one, two, five, six, seven and nine), 591 (part one), 592
(parts one and two), 593 (part one), 594 (parts one, two and three), 595 (parts one, two
and three), 596 (parts one and two), 597 (parts one, two, three and four), 598 (parts
one and two), 599 (part one), 600 (part one), 601 (part one), 602 (part one), 607 (part
one), 609 (part one), 611 (part one), 612 (parts one, two and there), 613 (part twelve),
615 (parts one and two), 620, 621 (parts one and four), 630 (part one) (in respect of
individuals) of this Code – the employees of the internal affairs bodies (police) having
the special ranks;
5) for administrative infractions provided by Articles 590 (parts three, eight and
ten), 591 (part two), 592 (parts three and four), 593 (part eight), 594 (part four), 595
(part four), 596 (part four), 597 (parts five and six), 598 (part three), 599 (part
two), 600 (part two), 601 (part two), 602 (part two), 603 (part three), 606 (part one),
609 (part two), 612 (parts four, five and six), 613 (part thirteen), 614, 615 (part
three), 617, 619, 630, 631, 632 of this Code – the chairman of committee, heads of
departments, branches, divisions of administrative police of the internal affairs bodies
and their deputies;
6) for administrative infractions provided by Articles 364, 382 (part one), 383
(part one and two), 386, 408, 505 of this Code – the heads and their deputies of
subdivisions of the environmental police of the internal affairs bodies;
7) for administrative infractions provided by Articles 440 (parts two and three),
443, 444 (part two) of this Code – the employees of the subdivisions on the juvenile
cases of the internal affairs bodies;
8) for administrative infractions provided by Articles 383 (parts one and two),
395 (part one), 396 (part one) of this Code – the heads and their deputies of the
specialized subdivisions of police of the internal affairs bodies on a struggle with
criminal infringements on fish resources;
9) for administrative infractions provided by Articles 492, 495 (part one), 517
(parts one and three), 518, 519 (parts one, three, five and six) of this Code – the
heads of departments, branches, divisions of migration police of the internal affairs
bodies and their deputies.
Footnote. Article 685 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 686. Authorized body in the scope of civil defence
1. Authorized body in the scope of civil defence shall consider the cases on
administrative infractions:
1) in the field of fire security provided by Articles 336, 359, 367, 410, 411, 438
(parts one and two), 589 of this Code;
2) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-V
(shall be enforced from 01.01.2015);
3) in the field of civil defence provided by Articles 412 and 643 of this Code.
2. In behalf of the bodies of the state fire-fighting service, the following
persons shall have the right to consider the cases and impose the administrative
sanctions in behalf of the authorized body in the scope of civil defence:
1) the state inspector of oblast, city of republican significance, the capital,
district, city of oblast significance, district in a city on the state control in the
field of fire security – a fine on individuals up to fifteen, on civil servants up to
thirty five monthly calculation indices;
2) the state inspector of the Republic of Kazakhstan on the state control in the
field of fire security, chief state inspector of oblast, city of republican
significance, the capital on the state control in the field of fire security and his
(her) deputy – a fine on individuals up to thirty five, on civil servants – up to one
hundred, on subjects of entrepreneurship – up to three hundred monthly calculation
indices;
3) the chief state inspector of the Republic of Kazakhstan on the state control in
the field of fire security and his (her) deputy – a fine on individuals up to two
hundred, on civil servants – up to five hundred, on subjects of entrepreneurship, non-
profit organizations – up to two thousand monthly calculation indices.
3. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-
V (shall be enforced from 01.01.2015).
4. The following persons shall have the right to consider the cases on
administrative infarctions linked with non-performance of the measures of civil defence,
and to impose the administrative sanctions in the scope of civil defence:
1) the state inspector of oblast, city of republican significance, the capital,
district, city of oblast significance, district in a city on the state control in the
field of civil defence – a fine on individuals up to three, on civil servants up to ten
monthly calculation indices;
2) the state inspector of the Republic of Kazakhstan on the state control in the
field of civil defence, the chief state inspector of oblast, city of republican
significance, the capital on the state control in the field of civil defence and his
(her) deputies – a fine on individuals, civil servants and legal entities – up to forty
monthly calculation indices;
3) the chief state inspector of the Republic of Kazakhstan on the state control in
the field of civil defence and his (her) deputy – a fine on individuals, civil servants
and legal entities – up to fifty monthly calculation indices.
Footnote. Article 686 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 687. Authorized body on study and use of subsoil
1. The authorized body on study and use of subsoil shall consider the cases on
administrative infractions provided by Articles 140 (part one), 344, 345, 346, 348, 350,
352, 353, 354, 355, 356 (part one), 391, 392 (parts one and two), 396 (part one) of this
Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) the territorial senior state and territorial state inspectors on study and use
of subsoil – a fine up to one hundred fifty monthly calculation indices;
2) the state inspectors of the Republic of Kazakhstan on study and use of subsoil,
the deputies of territorial chief state inspectors on study and use of subsoil – a fine
up to two hundred fifty monthly calculation indices;
3) the senior state inspectors of the Republic of Kazakhstan on study and use of
subsoil, the territorial chief state inspectors on study and use of subsoil – a fine up
to five hundred monthly calculation indices;
4) the chief state inspector of the Republic of Kazakhstan on study and use of
subsoil and his (her) deputies – a fine up to one thousand monthly calculation indices.
Article 688. Authorized body in the field of oil and gas 1. The authorized body in the field of oil and has shall consider the cases on
administrative infractions provided by Articles 170 (parts one, two, three, four, five,
six and eight), 356 (parts three, four, five, six, seven, eight, nine, ten and
thirteen), 464 (part one) of this Code.
2. The civil servants of administrative entity and heads of territorial
subdivisions of the authorized body in the field of oil and gas shall have the right to
consider the cases on administrative infractions and impose the administrative
sanctions.
Footnote. Article 688 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced upon expiry of ten calendar days after the
date of its first official publication).
Article 689. The body carrying out the state control in the
field of energy saving and increase of energy efficiency
1. The body carrying out the state control in the field of energy saving and
increase of energy efficiency shall consider the cases on administrative infractions
provided by Articles 289, 290, 291, 292, 293, 294 (pats three and four), 296 (part one)
of this Code.
2. The heads of territorial subdivisions of the body carrying out the state
control in the field of energy saving and increase of energy efficiency shall have the
right to consider the cases on administrative infractions and impose the administrative
sanctions.
Footnote. Article 689 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 690. The bodies on the state energy supervision
and control
1. The bodies on the state energy and control shall consider the cases on
administrative infractions provided by Articles 144 (part one (with the exception of
operation of thermal and mechanical equipment of the boiler rooms of all capacities and
heat supply networks (main, local), technical operation of heat recovery installations
of the consumers), 172 (with the exception of operation of thermal and mechanical
equipment of the boiler rooms of all capacities and heat supply networks (main, local),
technical operation of heat recovery installations of the consumers), 300 (with the
exception of the boiler rooms of all capacities and heat supply networks (main, local),
301 (with the exception of the boiler rooms of all capacities and heat supply networks
(main, local), 302, 303 (with the exception of the boiler rooms of all capacities), 305
(with the exception in protective zones of the heat supply networks (main, local) of
this Code.
2. The heads of territorial subdivisions of the bodies on the state energy
supervision and control shall have the right to consider the cases on administrative
infractions and impose the administrative sanctions.
Footnote. Article 690 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 691. Authorized body in the field of transport
and communications 1. Authorized body in the field of transport and communications shall consider the
cases on administrative infractions provided by Articles 230 (part two) (in part of
infractions committed by carriers on railway, marine and internal water transport), 464
(part one), 563 (part one), 564 (parts one, two, three and four), 565, 566 (part one),
580, 581 (part one), 582, 583 (part one), 589, 625 (in part of violations on vessels of
marine and air transport), 633, 634 of this Code.
The heads of the authorized body in the field of transport and communications, its
territorial subdivisions and their deputies shall have the right to consider the cases
on administrative infractions and impose the administrative sanctions.
2. The bodies of transport control shall consider the cases on administrative
infractions provided by Articles 333 (part one), 441 (parts one and two), 464 (part
one), 559, 560, 561, 562, 571, 572 (part one), 573, 575, 576, 577, 578, 579, 580, 581,
582, 583 (parts one, three), 584, 585, 586, 587, 588, 589 (except for the violations on
vessels of air transport), 590 (part eight), 593 (parts two, three, four, five, six and
seven), 609, 616, 621 (parts one, two, four), 623, 624, 625 (except for the violations
on vessels of air transport), 627, 628, 631 (part one) of this Code.
The following persons shall have the right to consider the cases on administrative
infractions and impose the administrative sanctions in behalf of the bodies of transport
control:
1) under all the Articles of this Code related to the jurisdiction of the bodies
of transport control – the head of the body of transport control and his (her) deputies,
the heads of territorial bodies of transport control and their deputies;
2) on administrative infractions provided by Articles 441 (part one), 464 (part
one), 560, 561, 562, 571, 572 (part one), 573, 575, 576, 582, 583 (parts one, three),
684, 585, 587, 588, 589 (except for the violations on vessels of air transport), 590
(parts two, four and five), 609, 616, 621 (parts one, two, four), 623, 625 (except for
the violations on vessels of air transport), 627, 631 (part one) of this Code – the
authorized civil servants of the bodies of transport control.
Amount of a fine imposed by the civil servants mentioned in item four of part two
of this Article may not exceed twenty monthly calculation indices.
3. The authorized body in the field of the state regulation of civil aviation
shall consider the cases on administrative infractions provided by Articles 230 (part
two) (in part of infractions committed by carriers by air transport), 564 (with the
exception of the cases on violations provided by parts one, three and four of this
Article committed on aerodromes that are not related to civil aviation, or in the area
of such aerodromes, part five), 565, 566 (part one), 567, 568, 569 (parts three, five,
six, seven and eight), 570, 571 (part one), 589, 623 (for commission of violations on
air transport), 626 of this Code.
The following persons shall have the right to consider the cases on administrative
infractions and impose the administrative sanctions in behalf of the authorized body in
the scope of civil aviation:
1) under all the Articles of this Code related to the jurisdiction of the
authorized body in the scope of civil aviation, - the head of the authorized body in the
scope of civil aviation and his (her) deputies;
2) on administrative infractions provided by Articles 564 (with the exception of
cases on violations provided by parts one, three and four of this Article committed on
aerodromes that are not related to civil aviation, or in the area of such aerodromes),
565, 569 (parts three, five, six and seven), 589, 623 (for commission of violations on
air transport) of this Code, - the authorized civil servants of the authorized body in
the scope of civil aviation.
Footnote. Article 691 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 692. Authorized body in the field of communications
and informatization
1. The authorized body in the field of communications and informatization shall
consider the cases on administrative infractions provided by Articles 464 (part one),
636 (part one), 637 (parts one, two and three), 638 (part one), 639, 640, 641 of this
Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) the head of the authorized body in the field of informatization and
communications and his (her) deputies;
2) the heads of territorial bodies of the authorized body in the field of
informatization and communications.
Article 693. The bodies carrying out state control in the field
of labour legislation of the Republic of Kazakhstan
1. The bodies of state labour inspection shall consider the cases on
administrative infractions provided by Articles 83 (in part of infractions committed by
employers), 86 (parts one, two and three), 87, 88, 89, 90, 93, 94, 95, 96, 97, 98, 230
(part two in part of infractions committed by employers), 519 (parts one, two, three,
five and six), 520 of this Code.
2. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-
V (shall be enforced from 01.01.2015).
3. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) state labour inspectors;
2) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V
(shall be enforced from 01.01.2015).
Footnote. Article 693 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 269-V (shall be enforced from 01.01.2015).
Article 694. Bodies of justice 1. The bodies of justice shall consider the cases on administrative infractions
provided by Articles 230 (part two) (when such violations are committed by private
notary officers), 457, 459, 460, 468, 670, 671 and 672 of this Code.
2. The head of the authorized body in the field of intellectual property rights,
state registration of regulatory legal acts, in the scope of ensuring the execution of
enforcement documents and his (her) deputies, the head of the bodies of justice of
oblast, cities of Astana and Almaty and his (her) deputies shall have the right to
consider the cases on administrative infractions and impose the administrative
sanctions.
Footnote. Article 694 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 695. Authorized body in the scope of state registration
of rights to immovable property, legal entities, acts of civil
status, regulation of valuation activities
1. The authorized body in the scope of state registration of rights to immovable
property, legal entities, acts of civil status, regulation of valuation activities shall
consider the cases on administrative infractions provided by Articles 464 (part one),
466 of this Code.
2. The heads of the authorized body in the scope of the state registration of
rights to immovable property, legal entities, acts of civil status, regulation of
valuation activities, its territorial subdivisions and their deputies shall have the
right to consider the cases on administrative infractions and impose the administrative
sanctions.
Footnote. Article 695 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 696. Bodies of migration
1. The bodies of migration shall consider the cases on administrative infractions
provided by Article 520 (within the competence) of this Code.
2. The head of the body of migration of the Republic of Kazakhstan, the head of
the body of migration of oblast, cities of Astana and Almaty and the body equated to it
shall have the right to consider the case on administrative infractions and impose the
administrative sanctions.
Article 697. Authorized body in the field of
environmental protection
1. Authorized body in the field of environmental protection shall consider the
case on administrative infractions provided by Articles 139 (part one), 140 (part two),
230 (part two in part of infractions committed by the persons carrying out
environmentally hazardous types of economic and another activity), 297 (part one), 324,
325, 326 (parts one and two), 327, 328, 329, 330, 331, 332, 333 (part one), 334, 335,
336, 337, 344, 346, 347, 351, 352, 353, 356 (part two), 358, 374, 377, 379, 391, 392
(part one), 393 (part one), 394, 395 (part one), 396 (part one), 397 (parts one, two and
three), 399 (part one), 464 (part one) of this Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) the state environmental inspectors and senior state environmental inspectors of
oblasts, cities of republican significance, the capital – a fine on individuals up to
twenty, on civil servants – up to fifty, on legal entities – up to two hundred monthly
calculation indices;
2) the state environmental inspectors of the Republic of Kazakhstan – a fine on
individuals up to twenty, on civil servants – up to seventy, on legal entities – up to
two hundred fifty monthly calculation indices;
3) the senior state environmental inspectors of the Republic of Kazakhstan – a
fine on individuals up to forty, on civil servants – up to three hundred, on legal
entities – up to five hundred monthly calculation indices;
4) the senior state environmental inspectors of oblasts, cities of republican
significance, the capital – a fine on individuals up to fifty, on civil servants – up to
one hundred fifty, on legal entities – up to two thousand monthly calculation indices,
as well as the fine being expressed in percentage from the sum of operation conducted
with the breach of the legislation of the Republic of Kazakhstan, or size of damage
inflicted to environment;
5) the Chief state environmental inspector of the Republic of Kazakhstan and his
(her) deputy – a fine on individuals up to fifty, on civil servants – up to one hundred
fifty, on legal entities – up to two thousand monthly calculation indices, as well as
the fine being expressed in percentage of the sum of operation conducted with the breach
of the legislation of the Republic of Kazakhstan, or size of damage inflicted to
environment.
Article 698. Authorized body in the field of industrial safety
1. The authorized body in the field of industrial safety shall consider the cases
on administrative infractions provided by Articles 93, 230 (part two) (in part of
infractions committed by the owners of objects the activity of which is linked with
danger of inflicting the harm to third parties), 297, 298, 299 (part one) (with the
exception of safety of dams), 305 (on violations in protective zones of the objects of
gas supply systems), 306, 307, 308, 351, 352, 353 (in part of technical safety), 356
(parts eleven and twelve), 464 (part one) of this Code.
2. The following persons shall have the right to consider the cases on
administrative infractions in the field of industrial safety and impose the
administrative sanctions in behalf of the authorized body in the field of industrial
safety:
1) the state inspector of oblast, city of republican significance, the capital,
district, city of oblast significance, district in a city on the state supervision in
the field of industrial safety – a fine on individuals up to ten, on civil servants – up
to fifty monthly calculation indices;
2) the state inspector of the Republic of Kazakhstan on the state supervision in
the field of industrial safety, the chief state inspector of oblast, city of republican
significance, the capital on the state supervision in the field of industrial safety and
his (her) deputy – a fine on individuals up to twenty, on civil servants, individual
entrepreneurs – up to one hundred, on legal entities – up to two hundred monthly
calculation indices;
3) the chief state inspector of the Republic of Kazakhstan on the state
supervision in the field of industrial safety and his (her) deputy - a fine on
individuals up to fifty, on civil servants – up to one hundred, on legal entities – up
to five hundred monthly calculation indices.
Footnote. Article 698 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 699. Bodies of the Ministry of Defence of the
Republic of Kazakhstan
1. Bodies of the Ministry of Defence of the Republic of Kazakhstan shall consider
the cases on administrative infractions provided by Articles 642, 644, 645, 646, 647,
648, 649, 650 of this Code.
2. The heads of local bodies of military administration shall have the right to
consider the cases on administrative infractions and impose the administrative sanctions
in behalf of the Ministry of Defence of the Republic of Kazakhstan.
Article 700. Public health bodies
1. The state body in the scope of circulation of medical products, medical
accessories and medical equipment and its territorial subdivisions shall consider the
cases on administrative infractions provided by Articles 424 (part one), 426 (part one),
432, 464 (part one) of this Code within the competence.
The head of the state body in the scope of circulation of medical products,
medical accessories and medical equipment, his (her) deputies, the heads of territorial
subdivisions and their deputies shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions.
2. The state body in the scope of rendering of medical services and its
territorial subdivisions shall consider the cases on administrative infractions provided
by Articles 80 (parts one, two and three), 81 (part one), 82 (part one), 424 (parts one,
two and four), 428, 429, 432, 464 (part one) of this Code within the competence.
The head of the state body in the scope of rendering of medical services, his
(her) deputies, the heads of territorial subdivisions and their deputies shall have the
right to consider the cases on administrative infractions and impose the administrative
sanctions.
Article 701. Authorized body in the scope of sanitary and
epidemiological welfare of population The bodies carrying out the control and supervision in the scope of sanitary
epidemiological welfare of population shall consider the cases on administrative
infractions provided by Articles 93 (parts two and five), 151 (part one), 203, 324, 327,
344, 351, 358, 425 (part one), 430 (part one), 431, 464 (part one), 621 (parts one, two)
of this Code.
The head of the state body in the scope of sanitary and epidemiological welfare of
population, his (her) deputies, the heads of territorial subdivisions and their deputies
shall have the right to consider the cases on administrative infractions and impose the
administrative sanctions.
Article 702. Structural subdivisions of the internal affairs
bodies, the National Security Committee of the Republic of
Kazakhstan and the Ministry of Defence of the Republic of
Kazakhstan carrying out the state sanitary and epidemiological
control and supervision 1. Structural subdivisions of the internal affairs bodies, the National Security
Committee of the Republic of Kazakhstan and the Ministry of Defence of the Republic of
Kazakhstan carrying out the state sanitary and epidemiological control and supervision
shall consider the cases on administrative infractions provided by Article 425 (part
one) of this Code on the violations of sanitary rules and hygienic standards on objects
respectively: subordinated to the internal affairs bodies and the National Security
Committee of the Republic of Kazakhstan; located in a territory of military towns and
training centres of the Ministry of Defence of the Republic of Kazakhstan.
2. The heads and their deputies or authorized civil servants of the structural
subdivisions of the internal affairs bodies, the National Security Committee of the
Republic of Kazakhstan, the Ministry of Defence of the Republic of Kazakhstan carrying
out the state and epidemiological control and supervision shall have the right to
consider the cases on administrative infractions and impose the administrative
sanctions.
Article 703. Authorized body in the field of
veterinary medicine 1. The civil servants of the authorized body in the field of veterinary medicine
shall consider the cases on administrative infractions provided by Article 406 of this
Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions in accordance with
Article 406 of this Code:
1) the Chief state veterinary and sanitary inspector of the Republic of Kazakhstan
and his (her) deputies;
2) the state veterinary and sanitary inspectors on veterinary control posts;
3) the chief state veterinary and sanitary inspectors of oblasts, cities of
republican significance, the capital and their deputies;
4) the state veterinary and sanitary inspectors of oblasts, cities of republican
significance, the capital;
5) the chief state veterinary and sanitary inspectors and their deputies, the
state veterinary and sanitary inspectors of districts, cities of oblast significance.
3. The civil servants of the authorized body in the field of veterinary medicine
may recover on the spot:
1) at places of selling – for violation of the veterinary (veterinary and
sanitary) rules upon selling animals, products and raw materials of animal origin;
2) on railroad, water and air transport, on roads and cattle-driving routes – for
violation of the veterinary (veterinary and sanitary) rules upon carrying out the
transportation (movement) of the objects subordinated to the state veterinary and
sanitary control and supervision in a territory of the Republic of Kazakhstan, as well
as upon cattle driving;
3) on the state border – for violation of the veterinary (veterinary and sanitary)
rules in part of protection of the territory of the Republic of Kazakhstan from
importation and spreading infectious and foreign animal diseases from other states.
Article 704. Authorized body in the field of livestock breeding 1. The civil servants of the authorized body in the field of livestock breeding
shall consider the cases on administrative infractions provided by Article 407 (part
one) of this Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) the Chief state inspector on livestock breeding of the Republic of Kazakhstan;
2) the deputy Chief state inspector on livestock breeding of the Republic of
Kazakhstan;
3) the chief state inspectors on livestock breeding of oblasts, cities of
republican significance, the capital and their deputies;
4) the state inspectors on livestock breeding of districts, cities of oblast
significance.
Article 705. Authorized body on plant quarantine
1. The authorized body on plant quarantine and its bodies shall consider the cases
on the spot on administrative infractions provided by Article 400 (parts one, three and
four) of this Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) the Chief state inspector on plant quarantine of the Republic of Kazakhstan and
his (her) deputies;
2) the chief state inspectors on plant quarantine of the relevant oblasts, city of
republican significance, the capital;
3) the state inspectors on plant quarantine of the relevant administrative
territorial entities of the Republic of Kazakhstan and phytosanitary control posts.
Footnote. Article 705 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 706. Authorized body in the field of seed production
and regulation of grain market 1. The authorized body in the field of seed production and regulation of grain
market and its territorial bodies shall consider the cases on administrative infractions
provided by Articles 401 (parts one and two), 402 (part five) of this Code.
2. The heads of territorial bodies and their deputies shall have the right to
consider the cases on administrative infractions and impose the relevant administrative
sanctions.
Footnote. Article 706 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 707. Authorized body in the field of plant protection 1. The authorized body in the field of plant protection and its subdivisions shall
consider the cases on the posts on administrative infractions provided by Articles 297,
377, 403 of this Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) the Chief state inspector on plant protection of the Republic of Kazakhstan;
2) the chief state inspectors on plant protection of the relevant administrative
territorial entities of the Republic of Kazakhstan;
3) the state inspectors on plant protection.
Article 708. Authorized bodies in the field of use
and protection of water fund
1. The authorized bodies in the field of use and protection of water fund shall
consider the cases on administrative infractions provided by Articles 138 (part two),
141, 299 (part one) (with the exception of industrial safety), 358, 359, 360 (part two),
361, 362, 363, 365 of this Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) the chief state inspector on regulation of use and protection of waters and his
(her) deputies, the chief state basin (territorial) inspectors on regulation of use and
protection of waters and their deputies – a fine on individuals up to thirty five, on
civil servants, subjects of small or medium entrepreneurship or non-profit organizations
– up to seventy five, on subjects of large entrepreneurship – up to four hundred monthly
calculation indices;
2) the senior state inspectors on regulation of use and protection of waters – a
fine on individuals up to thirty, on civil servants, subjects of small or medium
entrepreneurship or non-profit organizations – up to sixty five, on subjects of large
entrepreneurship – up to two hundred seventy monthly calculation indices;
3) the state inspectors on regulation of use and protection of waters – a fine on
individuals up to twenty five, on civil servants, subjects of small or medium
entrepreneurship or non-profit organizations – up to sixty, on subjects of large
entrepreneurship – up to two hundred sixty monthly calculation indices.
Footnote. Article 708 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 709. Authorized bodies in the field of forest,
fish and hunting industry
1. The authorized body in the field of forest, fish and hunting industry shall
consider the cases on administrative infractions provided by Articles 138 (part two),
142, 143, 337, 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378,
379, 380, 381, 382 (part one), 383 (parts one, two and five), 384, 385 (part one), 386,
387, 388, 390, 394 (part one), 395 (part one), 396 (part one), 464 (part one) of this
Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions in behalf of the
bodies in the field of forest, fish and hunting industry:
1) for administrative infractions provided by Articles 138 (part two), 142, 143,
337, 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380,
381, 382 (part one), 383 (parts one, two and five), 384, 385 (part one), 386, 387, 388,
390, 394 (part one), 395 (part one), 396 (part one), 464 (part one) of this Code – the
civil servants of the authorized bodies in the field of forest, fish and hunting
industry of the Republic of Kazakhstan and their territorial bodies;
2) for administrative infractions provided by Articles 138, 337, 339, 366, 367,
368, 369, 370, 371, 372, 373, 374, 377, 379, 381, 382 (part one), 387, 388 of this Code
– the heads, deputy heads of the state institutions of forest management;
3) for administrative infractions provided by Articles 138, 337, 339, 366, 367,
368, 369, 370, 371, 372, 373, 374, 377, 379, 381, 382 (part one), 387, 388 of this Code
– the civil servants of the structural subdivisions of forest and hunting industry of
the oblast executive bodies;
4) for administrative infractions provided by Articles 138, 143, 337, 339, 366,
367 (part three), 368 (part two), 369 (part two), 370 (part four), 371, 372 (part four),
373 (part two), 374 (part two), 377 (part two), 379, 380, 381, 382 (part one), 383
(parts one, two and five), 384, 387, 388 of this Code – the heads, deputy heads, the
heads of the protective services of especially protected natural territories created in
a legal organizational form of the state enterprise.
Article 710. Bodies carrying out the state control of use
and protection of lands
1. The central authorized body on management of the land resources shall consider
the cases on administrative infractions provided by Articles 137, 341, 342 of this Code.
The authorized body on control of use and protection of lands of the local
executive bodies of oblast, city of republican significance, the capital shall consider
the cases on administrative infractions provided by Articles 136, 137 (subparagraph 2)
of part one), 138 (part one), 337, 338, 339, 340 of this Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) the chief state inspector on use and protection of the lands of the Republic of
Kazakhstan – a fine on individuals up to seventy five, on civil servants, subjects of
small or medium entrepreneurship or non-profit organizations – up to one hundred fifty,
on subjects of large entrepreneurship – up to seven hundred monthly calculation indices;
2) the chief state inspectors on use and protection of the lands of the relevant
administrative territorial entities – a fine on individuals up to seventy five, on civil
servants, subjects of small or medium entrepreneurship or non-profit organizations – up
to one hundred fifty, on subjects of large entrepreneurship – up to seven hundred
monthly calculation indices;
3) the state inspectors on use and protection of the lands – a fine on individuals
up to seventy five, on civil servants, subjects of small or medium entrepreneurship or
non-profit organizations – up to one hundred fifty, on subjects of large
entrepreneurship – up to three hundred monthly calculation indices.
Footnote. Article 710 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 711. Authorized body on investments 1. Authorized body on investments shall consider the cases on administrative
infractions provided by Articles 148 of this Code.
2. The head of the authorized body on investments and his (her) deputies shall
have the right to consider the cases on administrative infractions and impose the
administrative sanctions.
Article 712. Bodies carrying out the state control in the
field of geodesy and cartography 1. Authorized body in the field of geodesy and cartography shall consider the
cases on administrative infractions provided by Articles 138 (part two), 343 of this
Code.
2. The civil servants of department of the authorized body in the field of geodesy
and cartography shall have the right to consider the cases on administrative infractions
and impose the administrative sanctions.
Footnote. Article 712 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 713. Anti-monopoly body 1. Anti-monopoly body shall consider the cases on administrative infractions
provided by Articles 160 (part one), 161, 162, 163, 201 of this Code.
2. The head of anti-monopoly body and his (her) deputies, as well as the heads of
territorial body and their deputies shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions.
Article 714. Authorized body carrying out management in the
scopes of natural monopolies and at regulated markets 1. The authorized body carrying out management in the scopes of natural monopolies
and at regulated markets shall consider the cases on administrative infractions provided
by Articles 164, 165, 166, 167, 168, 250, 464 (part one) of this Code.
2. The head of the authorized body carrying out management in the scopes of
natural monopolies and at regulated markets, and his (her) deputies, as well as the
heads of territorial bodies of the authorized body carrying out management in the scopes
of natural monopolies and at regulated markets, and their deputies shall have the right
to consider the cases on administrative infractions and impose the administrative
sanctions.
Article 715. Bodies carrying out the state control in the
field of technical regulation and ensuring the
uniformity of measurements
1. The bodies carrying out the state control in the field of technical regulation
and ensuring the uniformity of measurements shall consider the cases on administrative
infractions provided by Articles 193 (part one), 203, 415 (part one), 417 (parts two,
three, four and five), 418, 419 (part one), 464 (part one), 638 (part one) of this Code.
2. The Chief state inspector of the Republic of Kazakhstan on the state control
and supervision and his (her) deputies, as well as the chief state inspectors of oblasts
and cities on state control and supervision and their deputies shall have the right to
impose the sanctions.
Article 716. Authorized body on registration of
agricultural equipment
1. Authorized body on registration of agricultural equipment shall consider the
cases on administrative infractions provided by Articles 590 (parts one, two) (in part
of infractions committed by the drivers of tractors, self-propelled agricultural,
amelioratory and road-building machines), 612, 617, 618, 627 of this Code, insofar as
concerning the tractors, other self-propelled machines and equipment supervised by the
authorized bodies on registration of agricultural equipment.
2. The engineers-inspectors of district and oblast authorized bodies on
registration of agricultural equipment shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions in behalf of the
authorized body on registration of agricultural equipment.
Article 717. Authorized state body in the field
of plant production 1. Authorized state body in the field of plant production shall consider the cases
on administrative infractions provided by Articles 228 (parts three and seven) (in part
of infractions committed by mutual insurance companies in plant production), 230 (part
two) (in part of infractions committed by producers of the plant production products) of
this Code.
2. The head of the authorized state body in the field of plant production and his
(her) deputies, the heads of territorial bodies and their deputies shall have the right
to consider the cases on administrative infractions and impose the administrative
sanctions.
Article 718. Bodies carrying out the state architectural
and construction control and supervision of quality
of construction of objects
1. The bodies carrying out the state architectural and construction control and
supervision of quality of construction of objects shall consider the cases on
administrative infractions provided by Articles 309, 312 (part one), 315, 316 (part
one), 317 (parts one, two and three), 318, 321, 322, 323, 464 (part one) of this Code.
2. The Chief state building inspector of the Republic of Kazakhstan and his (her)
deputies, as well as the chief state building inspectors of oblasts, cities of
republican significance, the capital shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions.
Article 719. Authorized body in the field of state statistics 1. The authorized body in the field of state statistics shall consider the cases
on administrative infractions provided by Articles 497, 499, 500, 501, 502, 503 of this
Code.
2. The heads of territorial bodies of the authorized body in the field of state
statistics and their deputies shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions.
Article 720. State revenues bodies 1. State revenues bodies shall consider the cases on administrative infractions
provided by Articles 91 (parts six, seven and eight), 92 (parts two, three and four),
151 (part one), 152, 155, 157, 177, 178, 179, 180, 181, 194, 195, 196, 203, 205, 221,
233 (part one), 239 (parts one and two), 246-1, 266, 269, 270, 271, 272, 273, 274, 275,
276, 277, 278, 279, 280, 281 (parts one, two and three), 282 (parts one, two, five,
eight, nine and twelve), 284, 285, 286, 287, 288, 464 (part one), 471, 472, 474, 521,
522, 523, 524, 525, 526, 527, 528 (parts two and three), 529, 530, 531, 533, 534, 535,
536, 537, 538, 539, 540, 542, 543 (part two), 546, 547, 548 (part one), 551 (parts one
and three), 522 (part one), 553, 554, 555, 556, 557 and 558 of this Code.
2. State revenues bodies shall also consider the cases on administrative
infractions provided by Articles 230 (part two), 297, 324 (part one), 334, 377 (part
one), 400 (part one), 406 (parts one and two), 425 (part one), 571 (part two and three),
572 (part one), 573, 574, 589 (on administrative infractions by automobile transport),
590 (parts one, two, five, six, seven, eight and ten), 593 (parts two, three, four and
five), 609, 612 (part three) and 621 (part four) of this Code, when all the infractions
listed in this part are committed in automobile checkpoints through the State Border of
the Republic of Kazakhstan.
3. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions in behalf of the
state revenues bodies:
under all the Articles of this Code related to the jurisdiction of the state
revenues bodies – the heads of the state revenues bodies and their deputies;
on administrative infractions provided by Articles 91 (part six), 92 (part two),
195 (part one), 269 (part one), 270 (parts one and three), 271 (part one), 272 (part
one), 276 (part one), 284 (parts one, three, five, seven, nine, eleven, thirteen,
fifteen and seventeen), administrative sanction in the form of notification, as well as
in the form of fine in the manner provided by Article 897 of this Code – the civil
servants of the state revenues bodies authorized by the head.
Footnote. Article 270 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).
Article 721. Anti-corruption service
1. Anti-corruption service shall consider the cases on administrative infractions
provided by Articles 174 (parts one, three and four), 274, 471, 472, 473, 474, 475 of
this Code.
2. The head of anti-corruption service and his (her) deputies, the heads of anti-
corruption service through oblasts, of city of republican significance, the capital of
the Republic of Kazakhstan, inter-regional, district, city, district in cities and
special subdivisions of anti-corruption service and their deputies shall have the right
to consider the cases on administrative infractions and impose the administrative
sanctions.
Footnote. Article 721 is in the wording of the Law of the Republic of Kazakhstan
dated 29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 722. Bodies of the Ministry of Finance of
the Republic of Kazakhstan
1. The bodies of the Ministry of Finance of the Republic of Kazakhstan shall
consider the cases on administrative infractions provided by Articles 230 (part two)
(when these violations are committed by audit organizations), 233 (part two), 234, 238,
239 (parts one and two), 240, 241, 247 (parts one, two, three, five and seven), 248,
249, 250, 267, 464 (part one (when these violations are committed by audit
organizations) of this Code.
2. The head of the authorized state body in the field of state financing control
and state procurement and his (her) deputies, the heads of territorial bodies, the head
of the authorized state body and his (her) deputies, the heads of territorial bodies
carrying out regulation in the field of audit activity shall have the right to consider
the cases on administrative infractions and impose the administrative sanctions for the
administrative infractions provided by Articles 230 (part two) (when these violations
are committed by audit organizations), 233 (part two), 234, 238, 239 (parts one and
two), 240, 241, 247 (parts one, two, three, five and seven), 248, 249, 250, 267, 464
(part one (when these violations are committed by audit organizations) of this Code.
Article 723. Authorized body in internal control 1. The authorized body on internal control shall consider the cases on
administrative infractions provided by Articles 207, 209 of this Code.
2. The head of the authorized body on internal control and his (her) deputies, the
heads of territorial subdivisions shall consider the cases on administrative infractions
and impose the administrative sanctions.
Article 724. The National Bank of the Republic of Kazakhstan 1. The National Bank of the Republic of Kazakhstan shall consider the cases on
administrative infractions provided by Articles 91 (parts one, two, three, five, nine,
ten, eleven and twelve), 186, 206, 208, 210, 211 (parts two, three, four, five and six),
212, 213, 215, 217, 218, 220, 222, 223, 224, 225, 226, 227, 228 (parts one, two, four,
five, six, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen and
seventeen), 229, 230 (parts one, three and four), 231, 232, 239 (parts three and four),
242, 243, 244, 247 (parts four and eight), 252 (parts one and three), 253, 254, 255,
256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 286, 464 (part one), 497 (in part of
primary statistics, the collection of which is included into its competence) of this
Code.
2. The Chairman of the National bank of the Republic of Kazakhstan, his (her)
deputies, the heads of territorial branches shall consider the cases on administrative
infractions and impose the administrative sanctions.
3. The powers of the National Bank of the Republic of Kazakhstan, as well as his
(her) employees having the right to drawing up the protocol on commission of the
administrative infraction shall be determined in accordance with this Code.
Article 725. Social welfare bodies of the
Republic of Kazakhstan 1. The social welfare bodies of the Republic of Kazakhstan shall consider the
cases on administrative infractions provided by Articles 83 (except for the infractions
committed by the employees), 84, 91 (part four), 92 (part one) of this Code.
2. The heads of the social welfare bodies of the Republic of Kazakhstan, their
deputies shall have the right to consider the cases on administrative infractions and
impose the administrative fines.
Article 726. The National Security Bodies of the
Republic of Kazakhstan
1. The National Security Bodies of the Republic of Kazakhstan shall consider the
cases on administrative infractions provided by Articles 192, 504 of this Code.
2 The head of department of the National Security Committee and his (her)
deputies, the heads of territorial bodies and their deputies shall consider the cases on
administrative infractions and impose the established administrative sanctions in
accordance with Articles 192, 464 (part one), 504 of this Code.
3. The frontier service of the National Security Committee of the Republic of
Kazakhstan shall consider the cases on administrative infractions provided by Articles
382 (part one), 383 (parts one and two), 393 (committed in a frontier space), as well as
Articles 394, 395 (part one), 396 (part one), 510, 512 (part one), 513 (part one), 514
(part one), 515, 517 (parts one and three) of this Code.
4. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions in behalf of the
Frontier service of the National Security Committee:
1) the head of the Frontier service of the National Security Committee and his
(her) deputies, the heads of the special associations and their deputies – a
notification or fine on individuals and civil servants – up to seventy, on subjects of
private entrepreneurship – up to two thousand monthly calculation indices;
2) the heads of border detachments, the commanding officers of military units of
frontier space, marine military units, the commandants of separate frontier commandants
offices and their deputies – a notification or fine on individuals and civil servants –
up to seventy, on subjects of private entrepreneurship – up to two hundred monthly
calculation indices;
3) the commandants of frontier commandants officers and the heads of the frontier
control departments and their deputies – a notification or fine on individuals up to
twenty, on civil servants – up to twenty five monthly calculation indices.
Footnote. Article 726 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 727. Military police bodies
1. Military police bodies shall consider the cases on administrative infractions
provided by Articles 511, 590 (parts one, two, three, five, six, seven, nine and ten),
591, 592, 593, 594, 595, 596 (parts one, two and four), 597, 598, 599, 600, 601, 602,
603 (part three), 606 (part one), 607 (part one), 611 (part one), 612, 613 (parts twelve
and thirteen), 614, 615 (parts one, two and three), 617, 619, 620, 621 (parts one, two
and four) of this Code.
2. The authorized civil servants of the military police bodies shall consider the
cases on administrative infractions and impose the administrative sanctions.
3. The competence of the military police bodies of the Armed Forces of the
Republic of Kazakhstan o administrative infractions I the scope of transport shall apply
to the military servants, persons liable for military service, called on military
trainings, as well as to the persons operating military transport vehicles of the Armed
Forces of the Republic of Kazakhstan, other forces and military formations of the
Republic of Kazakhstan, with the exception of parts four and five of this Article.
4. The competence of the military police bodies of the National Security Committee
of the Republic of Kazakhstan on administrative infractions in the scope of transport
shall apply to the servants, employees and military servants operating transport
vehicles of the special state bodies of the Republic of Kazakhstan.
5. The competence of the military police bodies of the National Guard of the
Republic of Kazakhstan on administrative infractions in the scope of transport shall
apply to military servants, persons liable for military service, called on military
trainings, as well as to the persons operating the military transport vehicles of the
National Guard.
6. Materials on the violations committed by drivers of transport vehicles of the
Armed Forces of the Republic of Kazakhstan, other forces and military formations of the
Republic of Kazakhstan – military servants and persons liable for military service, for
which the fine is provided as administrative sanction in established manner, shall be
transferred by the military police bodies to the relevant commanding officers (heads)
for solution of the issue on bringing to responsibility on Disciplinary charter of the
Armed Forces of the Republic of Kazakhstan, other forces and military formations of the
Republic of Kazakhstan.
Footnote. Article 727 as amended by the Laws of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015); dated 10.01.2015 No. 275-V
(shall be enforced upon expiry of ten calendar days after the date of its first official
publication).
Article 728. Bodies on state control of production and
turnover of sub-excise products 1. The bodies on state control of production and turnover of sub-excise products
shall consider the cases on administrative infractions provided by Articles 281 (parts
one, two and three), 282 (parts one, two, five, eight, ten and twelve), 464 (part one)
of this Code.
2. The heads (deputies) of the body on state control of production and turnover of
sub-excise products shall consider the cases on administrative infractions and impose
the administrative sanctions.
Footnote. Article 728 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 729. Local executive bodies 1. Local executive body of oblast, city of republican significance and the
capital, district (city of republican, oblast significance, and the capital) shall
consider the cases on administrative infractions provided by Articles 75 (parts three
and four), 144 (parts one (in part of heat recovery installations of the consumers) and
two), 172 (parts one, three and four) (in part of operation of thermal and mechanical
equipment of the boiler rooms of all capacities and heat supply networks (main, local),
199 (parts one, three and four), 202, 204, 250, 301 (in part of boiler rooms of all
capacities and heat supply networks (main, local), 303 (in part of boiler rooms of all
capacities), 304, 305 (in part of protective zones of the heat supply networks (main,
local), 306 (parts one and two), 320 (parts five, six and seven), 401 (parts three,
four, five, seven, eight, nine, ten and eleven), 402 (parts one, two and three), 404
(parts one, two, three, four, five, six, seven and eight), 405 (part two), 409 (parts
eight, nine, ten and eleven), 452 (parts one, two, five, seven, eight, subparagraphs 1),
2), 3) of parts nine, ten), 454 (part one), 455 (parts one, two and three), 464 (part
one), 491 of this Code.
2. Akim of oblast, city of republican significance and the capital, district (city
of republican, oblast significance and the capital) and his (her) deputies shall have
the right to consider the cases on administrative infractions and impose the
administrative sanctions.
3. Akims of cities of district significance, villages, rural settlements, rural
districts shall have the right to consider the cases on administrative infractions and
impose the administrative sanctions for the administrative infractions provided by
Articles 144 (parts one (in part of heat recovery installations of the consumers) and
two), 146, 147, 172 (parts one, three and four) (in part of operation of thermal and
mechanical equipment of the boiler rooms of all capacities and heat supply networks
(main, local), 204, 301 (in part of boiler rooms of all capacities and heat supply
networks (main, local), 303 (in part of boiler rooms of all capacities), 304, 305 (in
part of protective zones of the heat supply networks (main, local), 320 (parts five, six
and seven), 386, 408, 409 (parts eight, nine, ten and eleven), 491 and 505 of this Code
committed in a territory of the cities of district significance, villages, rural
settlements, rural districts.
Footnote. Article 729 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 730. Authorized body in the field of education
1. The authorized body in the field of education shall consider the cases on
administrative infractions provided by Articles 84,409 (parts one, two, three, four,
five and six), 464 (part one) of this Code.
2. The head of the authorized body in the field of education and his (her)
deputies, the heads of territorial bodies of the authorized body in the field of
education and their deputies shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions.
Article 731. Authorized body in the field of tourist activity
1. the authorized body in the field of tourist activity shall consider the cases
on administrative infractions provided by Articles 187 (part one), 230 (part two) (in
part of infractions committed by tour operators and tour agents), 464 (part one) of this
Code.
2. The head of the authorized body in the field of tourist activity and his (her)
deputies shall have the right to consider the cases on administrative infractions and
impose the administrative sanctions.
Article 732. Authorized body in the scope of gambling industry
1. The authorized body in the scope of gambling industry shall consider the cases
on administrative infractions provided by Article 464 (part one) of this Code.
2. The head of the authorized body in the scope of gambling industry and his (her)
deputies shall have the right to consider the cases on administrative infractions and
impose the administrative sanctions.
Article 733. Authorized body in the field of regulation
of trade activity
1. The authorized body in the field of regulation of trade activity shall consider
the cases on administrative infractions provided by Articles 268, 464 (part one) of this
Code.
2. The head of the authorized body in the field of regulation of trade activity or
the person fulfilling his (her) obligations shall have the right to consider the cases
on administrative infractions and impose the administrative sanctions.
Article 734. Authorized body in the field of
production of biofuel
1. The authorized body in the field of production of biofuel shall consider the
cases on administrative infractions provided by Article 169 (parts one, three, six and
eight) of this Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) the head of the authorized body in the field of production of biofuel and his
(her) deputies;
2) the heads of territorial bodies of the authorized body in the field of
production of biofuel and his (her) deputies.
Article 735. Authorized body in the field of
turnover of biofuel
1. The authorized body in the field of turnover of biofuel shall consider the
cases on administrative infractions provided by Article 169 (parts four, five and nine)
of this Code.
2. The following persons shall have the right to consider the cases on
administrative infractions and impose the administrative sanctions:
1) the head of the authorized body in the field of turnover of biofuel and his
(her) deputies;
2) the heads of territorial bodies of the authorized body in the field of turnover
of biofuel and his (her) deputies.
SECTION 4. ADMINISTRATIVE INFRACTIONS PROCEEDING
Chapter 37. GENERAL PROVISIONS
Article 736. Legislation determining the procedure for the
administrative infractions proceeding
1. The procedure for the administrative infractions proceeding shall be determined
by this Code.
2. The procedure for imposition of administrative sanctions by a court in the
course of considering the criminal or civil case shall be determined by the provisions
of this Code and the Criminal Procedure Code of the Republic of Kazakhstan and the Civil
Procedure Code of the Republic of Kazakhstan respectively.
Article 737. The tasks of the administrative
infractions proceeding
The tasks of the administrative infractions proceeding are:
1) timely, comprehensive, full and objective clarification of the circumstances of
each case, its solution in accordance with this Code;
2) ensuring of exercising the rights and obligations of the participants of
proceeding;
3) clarification of the reasons and conditions promoting commission of
administrative infractions;
4) ensuring of executing the regulation on the case on administrative infraction.
Article 738. Language of proceeding 1. The administrative infractions proceeding in the Republic of Kazakhstan shall
be conducted in the state language, and when necessary, the Russian or other languages
shall be used in proceeding on equal terms with the state language.
2. In case of necessity to change the language of proceeding, the judge, bodies
(civil servants) authorized to consider the cases on administrative infractions shall
issue the reasoned decree on change of the language of the administrative infraction
proceeding.
3. To the persons participating in a case that do not or are not proficient in
language in which the proceeding on a case is conducted, the right to make statements,
to give explanations and testimony, to present petitions, to make complaints, to
familiarize with case materials, to appear in court upon its consideration in native
language or another language that they know, to use the services of an interpreter shall
be explained and ensured in the manner established by this Code.
4. Translation of case materials that are required to the persons participating in
the administrative infractions proceeding by operation of law to the language of the
proceeding expressed in another language shall be ensured without payment.
5. Procedural documents subjected to delivery to an offender and injured party
shall be translated to their native language or to the language that they can speak.
6. The cost of translation and services of an interpreter shall be paid on account
of the state budget.
Article 739. Calculation of terms
1. The terms used upon the administrative infractions proceeding shall be
calculated in hours, days, months and years.
2. Upon calculation of terms, the hour or days from which the term starts to run
shall not be taken into calculation. This rule shall not relate to calculation of terms
upon detention.
3. Upon calculation of terms, it shall include non-working time as well, with the
exception of the cases when the term is calculation in days.
4. Upon calculation of terms in days, the term shall be calculated after zero
hours of the first days and shall expire in twenty four hours of the last days of the
term.
5. Upon calculation of term in months or years, the term shall expire in the
relevant number of the last month, and if this month does not have the relevant number,
the term shall be terminated on the last date of this month. If termination of the term
falls within non-working (day-off, public holiday) day, the last date of the term shall
be considered as the first business day next to it, except for the cases of calculating
the term upon administrative detention.
Article 740. Petitions
1. The persons participating in the administrative infraction proceeding shall
have the right to file petitions subjected to compulsory consideration by a judge, body
(civil servant) the proceeding of which includes this case.
2. A petition shall be filed in written form and subject to immediate
consideration. In cases when immediate consideration of the petition is impossible, the
decision on it shall be adopted no later than three days from the date of filing.
3. Decision on satisfaction of the petition or its full or partial dismissal shall
be issued in the form of ruling that shall be brought to notice of the person filing the
petition.
Article 741. The circumstances excluding the administrative
infraction proceeding
1. Administrative infractions proceeding may not be initiated, and the initiated
shall be subject to termination inexistence at least of one of the following
circumstances:
1) absence of occurrence of administrative infraction;
2) absence of components of administrative infraction;
3) repeal of the law or its separate provisions establishing administrative
liability;
4) if the law or its separate provisions establishing administrative liability, or
another legislative legal act subjected to applying in this case on administrative
infraction from which the determination of the act as administrative infraction depends
on, are recognized unconstitutional by the Constitutional Council of the Republic of
Kazakhstan;
5) expiration of terms of limitation for bringing to administrative liability;
6) existence of the decree of a judge, body (civil servant) on imposition of the
administrative sanction or unrepealed decree on termination of a case on administrative
infraction on the same fact in respect of the person that is brought to administrative
liability, as well as existence of the decree on recognition of a person as suspected on
the same fact;
7) death of an individual, liquidation of a legal entity in respect of which the
proceeding on case is conducted;
8) in case of occurrence of technical errors in a program support confirmed by the
authorized body carrying out the management in the scope of ensuring the receipt of
taxes and other compulsory payments to the budget that lead to non-fulfillment of the
tax liability by a tax payer upon representation of the forms of tax reporting in
electronic form within the term established by the legislation of the Republic of
Kazakhstan;
9) the other cases provided by the tax legislation of the Republic of Kazakhstan;
10) existence of the document confirming payment of administrative fine in the
manner established by Article 897 of this Code;
11) the person that is brought to administrative liability is recognized as
injured party on a criminal case in the manner established by the Law on the crime
linked with human beings traffic.
2. Administrative infraction proceeding shall be terminated on the ground provided
by subparagraph 2) of part one of this Article, and in the case when infliction of
damage is lawful or the act is committed on occasions that excludes the administrative
liability in accordance with chapter 5 of this Code.
Article 742. Circumstances that permitting not to bring to
administrative liability
Administrative infraction proceeding may be terminated in the manner provided by
this Code in case of transfer of the material to a prosecutor, body of pre-trial
proceeding due to existence of the signs of a criminally punishable act provided by the
criminal; legislation.
Article 743. Notifications (notices)
1. Participants of the administrative infractions proceeding shall be noticed on
time and place for consideration of a case or commission of separate procedural actions
and shall be summoned to appear before the court, body (to civil servant) by
notifications (notices).
2. The notification (notice) shall be directed by registered letter with
notification on its delivery by a telephoned message or telegram, text message to the
subscriber's number of cellular communications or by electronic mail or with use of
other means of communications ensuring registration of notice or summon.
Upon notifying by a text message on subscriber's number of cellular communications
or by electronic mail, the participants of proceeding shall be also notified by the
other method stated in this Article.
3. If there is no one residing at the stated address in fact, the notice or summon
may be directed to the legal address or at the place of work. The notification (notice)
addressed to a legal entity shall be directed at the registered office.
4. Notification (notice) shall be recognized properly delivered in the following
cases:
1) existence of signature of the person brought to administrative liability in the
relevant section of administrative infraction report;
2) notice of a person by registered letter, telegram that shall be delivered to
him (her) in person or to someone of adult family members residing jointly with him
(her) against receipt on delivery confirmation subjected to return. The notice being
addressed to a legal entity shall be delivered to the head or employee of the legal
entity that shall sign for receipt of the notice on delivery confirmation specifying own
last name, initials and position;
3) direction of a text message on the subscriber’s number of cellular
communications or by electronic mail that the informed person stated during proceeding
on the case and confirmed by own signature;
4) direction of notification (notice) by the state revenues bodies by electronic
methods to the persons registered as electronic tax payers in the manner established by
the tax legislation of the Republic of Kazakhstan.
5. The person in respect of whom the administrative infraction proceeding is
carried out, shall confirm by signature the familiarization with that the address of the
place of residence (location), work place, subscriber’s number of cellular
communications, electronic address specified by him (her) are trustworthy, and the
notification (notice) directed to the stated contacts will be considered proper and
sufficient.
6. Upon refusal of an addressee to accept a notification (notice), the person
carrying or delivering it shall make the relevant mark on the notification (notice) that
will return to the court, body (to civil servant).
7. Refusal of an addressee from acceptance of a notification (notice) is not a bar
of consideration of the case or commission of separate procedural actions.
Footnote. Article 743 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Chapter 38. PARTICIPANTS OF ADMINISTRATIVE INFRACTIONS
PROCEEDING, THEIR RIGHTS AND OBLIGATIONS
Article 744. The person in respect of whom the administrative
infraction proceeding is conducted
1. The person in respect of whom the administrative infraction proceeding is
conducted, shall have the right to be familiarized with a protocol and other case
materials, to give explanations, to remark on contain and drawing up of the protocol, to
represent evidences, to file petitions and to challenge, to use legal assistance of a
defence attorney, to speak in native or the other language that he (she) knows upon
consideration of the case, and to use the services of an interpreter without payment, if
he (she) does not speak the language in which the proceeding is conducted; to appeal the
application of measures to ensure proceeding on the case, protocol on administrative
infraction and regulation on the case, to make notes from it and take copies of the
documents available in the case, as well as to use the other procedural rights provided
to him (her) by this Code.
2. The case on administrative infraction shall be considered with participation of
the person in respect of whom the administrative infraction proceeding is conducted. In
the absence of the mentioned person, the case may be considered only in cases when there
is data on his (her) appropriate notice about place and time for consideration of the
case and if there is no petition from him (her) on postponement of consideration of the
case.
3. Upon consideration of the case on administrative infraction committed by the
person under eighteen years, or the commission of which entails administrative sanction
in the form of administrative arrest, as well as administrative expulsion beyond the
borders of the Republic of Kazakhstan of foreign person or stateless person or
deprivation of the special right (with the exception of the right to operate transport
vehicles) provided to the person, the presence of the person that is brought to
administrative liability shall be mandatory.
4. In case of avoidance of the persons mentioned in a part three of this Article
from appearance on calling of a judge, body (civil servant) considering the case on
administrative infraction, the proceeding of which includes this case on administrative
infraction, this person may be subjected to bringing.
Ruling of court on bringing shall be executed by an officer of justice or internal
affairs body; ruling of body (civil servant) considering the case on administrative
infraction – by the internal affairs body (police).
5. The minor person in respect of whom the administrative infraction proceeding is
conducted may be removed for a time of consideration of the circumstances of the case
the discussion of which may have a negative impact on him (her).
Article 745. Injured party
1. The injured party is an individual or legal entity to which the administrative
infraction caused physical, property or moral damage.
2. The injured party shall have the right to familiarize with all material cases,
to give explanations, to represent evidences, to file petitions and to challenge, to
have a representative, to appeal the protocol on administrative infraction and decree on
the case on administrative infraction, to use the other procedural rights provided to
him (her) by this Code.
3. The case on administrative infraction shall be considered with the
participation of injured party. In his (her) absence, the case may be considered only in
cases when there is data on his (her) appropriate notice about place and time for
consideration of the case and if there is no petition from him (her) on postponement of
consideration of the case.
4. The injured party may be interrogated as a witness in the manner provided by
Article754 of this Code. If the injured party is the legal entity, its representative
may be interrogated as a witness.
Article 746. Legal representatives of an individual 1. Protection of rights and legal interests of an individual in respect of whom
the administrative infraction proceeding is carried out, or of injured party that are
minors or deprived of a possibility to exercise own rights on an individual basis due to
physical or mental state, shall be carried out by their legal representatives.
2. Legal representatives of an individual shall be recognized as parents,
adopters, trustees, guardians and other persons in care or maintenance of whom he (she)
is.
3. The kinship or the relevant powers of the persons that are legal
representatives of an individual shall be certified by the documents provided by the
legislation of the Republic of Kazakhstan.
4. Legal representative of an individual in respect of whom the administrative
infraction proceeding is conducted shall be admitted to participate in the case from the
date of administrative detention of the person bringing to administrative liability, or
drawing up of protocol on administrative infraction.
5. Legal representatives of an individual in respect of whom the administrative
infraction proceeding is conducted, and of injured party, shall have the right and bear
the obligations provided by this Code in respect of the persons represented by them.
6. Upon consideration of the case on administrative infraction committed by the
person under eighteen years, the participation of his (her) legal representatives is
mandatory. In case of avoidance from appearance, the legal representative of a minor may
be subjected to bringing carried out by the internal affairs body (police).
Article 747. Representatives of a legal entity 1. Protection of rights and legal interests of a legal entity in respect of which
the administrative infraction proceeding is conducted or that is injured party shall be
carried out by its representatives.
2. Legal representative of a legal entity is the head of the executive body of
legal entity that acts in behalf of the legal entity. The powers of a legal
representative of legal entity shall be confirmed by the documents certifying his (her)
official position.
The other persons representing the interests of a legal entity are the
representatives under a commission, the powers of which are determined by a power of
attorney issued in behalf of the legal entity by the executive body of legal entity and
signed by the head of the executive body.
3. The representatives of a legal entity in respect of which the administrative
infraction proceeding is conducted, and of injured party shall have the rights and bear
obligations provided by this Code in respect of the persons represented by them.
4. The case on administrative infraction shall be considered with participation of
a representative of legal entity in respect of which the administrative infraction
proceeding is conducted. In the absence of the mentioned person, the case may be
considered only in the cases when there is data on his (her) appropriate notice about
place and time for consideration of the case, if there is no petition from him (her) on
postponement of consideration of the case.
5. Upon consideration of the case on administrative infraction the commission of
which entails administrative sanction in the form of confiscation of the subject that is
the tool or subject for commission of administrative infraction, or confiscation of
incomes (dividends), money and securities received due to commission of the
administrative infraction, the presence of a representative of legal entity brought to
administrative liability is compulsory.
6. In case of avoidance of a representative of legal entity from appearance on
call of a judge, body (civil servant) the proceeding of which includes the case, the
mentioned person may be subjected to bringing by internal affairs bodies (police) and
financial police on the basis of the ruling of judge, body (civil servant) the
proceeding of which includes the case.
Article 748. Defence attorney
1. Defence attorney is a person carrying out protection of rights and interests of
a person brought to administrative liability in the manner established by the Law, and
rendering legal assistance to him (her).
2. Advocates take participation as defence attorneys. Together with advocates, the
defence attorneys may be husband (spouse), close relatives or legal representatives of
the person brought to administrative liability. Foreign advocates may be admitted to
participate in case as defence attorneys, if it is provided by the international treaty
of the Republic of Kazakhstan with the relevant state on a reciprocal basis, in the
manner determined by the legislation.
3. Defence attorney shall be admitted to participate in case from the date of
administrative detention of the person brought to administrative liability, drawing up
of a protocol on administrative infraction or issuance of a decree by a prosecutor on
administrative infraction, as well as at any stage of the administrative infraction
proceeding.
4. One and the same person may not be defence attorney of two participants of the
administrative infractions proceeding, if the interests of one of them conflict with the
interests of the other.
5. Defence attorney shall not have the right to refuse from participation as
defence attorney on the case on administrative infraction, with the exception of cases
provided by the legislation of the Republic of Kazakhstan.
Article 749. Compulsory participation of defence attorney
1. Participation of defence attorney in the administrative infraction proceeding
shall be compulsory in the cases if:
1) the person brought to administrative liability filed a petition about this;
2) the person brought to administrative liability may not exercise own right to
protection due to physical or mental deficiency on an individual basis;
3) the person brought to administrative liability may not speak the language in
which the proceeding is conducted;
4) the person brought to administrative liability is a minor person.
2. If in existence of the circumstances provided by a part one of this Article,
the defence attorney is not engaged by the person himself (herself) brought to
administrative liability, his (her) legal representatives, as well as other persons
under his (her) commission, the judge, body (civil servant) authorized to consider the
cases on administrative infractions shall be obliged to ensure participation of defence
attorney at the relevant stage of proceeding, on which they shall issue a decree. The
decree shall be directed to the bar association of oblast, city of republican
significance, the capital or its structural subdivisions for execution, and shall be
subject to execution within the term no more than twenty four hours from the date of its
receipt.
Article 750. Engagement, assignment, substitution of defence
attorney, payment for his (her) labour
1. Defence attorney shall be engaged by the person in respect of whom the
administrative infraction proceeding is conducted, by his (her) representatives, as well
as other persons under a commission or with consent of the person in respect of whom the
administrative infraction proceeding is conducted. The person in respect of whom the
administrative infraction proceeding is conducted, shall have the right to engage
several defence attorneys for defence.
2. Upon request of the person in respect of whom the administrative infraction
proceeding is conducted, the participation of a defence attorney shall be ensured by a
judge, body (civil servant) authorized to consider the cases on administrative
infractions.
3. In the cases when participation of elected or assigned defence attorney is
impossible within twenty four hours, the judge, body (civil servant) authorized to
consider the cases on administrative infractions shall have the right to offer
engagement of other defence attorney to the person in respect of whom the administrative
infraction proceeding is conducted or to take measures for assignment of defence
attorney through the bar association or its structural subdivisions. The judge, body
(civil servant) authorized to consider the cases on administrative infractions shall not
have the right to recommend engagement of a special person as defence attorney to the
person in respect of whom the administrative infraction proceeding is conducted.
4. In case of administrative detention, if the appearance of a defence attorney
being elected by the person in respect of whom the administrative infraction proceeding
is conducted is impossible within three hours, the judge, body (civil servant)
authorized to consider the cases on administrative infractions shall offer to engage the
other defence attorney to the person in respect of whom the administrative infraction
proceeding is conducted, and in case of refusal, shall take measures for assignment of
defence attorney through the bar association or its structural subdivisions.
5. Payment for labour of a defence attorney shall be made in accordance with the
legislation of the Republic of Kazakhstan. The judge, body (civil servant) authorized to
consider the cases on administrative infractions shall be obliged to release the person
in respect of whom the administrative infraction proceeding is conducted from paying
legal assistance in existence of the grounds for that. In this case the payment for
labour shall be made on account of budget funds.
6. Costs of payment for labour of defence attorneys shall be made on account of
budget funds and in case provided by a part two of Article 749 of this Code, when the
defence attorney took participation in a proceeding on case upon assignment.
7. The advocate shall be admitted to participate in case on administrative
infractions as defence attorney upon representing the certificate of advocate and the
warrant certifying his (her) powers for conduct of a case. The other persons mentioned
in a part two of Article 748 of this Code shall represent the documents certifying their
right to participate in the case as defence attorney (certificate of marriage, as well
as documents mentioned in a part three of Article 747 and part three of Article 747 of
this Code).
Article 751. Refusal from defence attorney
1. The person in respect of whom the administrative infraction proceeding is
conducted shall have the right to refuse from defence attorney at any time of the
proceeding that means his (her) intention to exercise own protection on an individual
basis. Refusal from defence attorney shall not be admitted on the grounds of absence of
the funds for payment of legal assistance. Refusal shall be executed in written form.
2. Refusal from defence attorney shall not deprive the right of the person in
respect of whom the administrative infraction proceeding is conducted to file petition
in the following on admission of a defence attorney to participate in a case.
Intervention of a defence attorney shall not entail review of the actions committed by
this time in the course of consideration of the case on administrative infraction.
Article 752. Powers of defence attorney
1. Defence attorney shall have the right to: familiarize with all case materials;
participate in consideration of a case; represent evidences; file petitions and
objections; put questions to the persons interrogated in the process of consideration of
a case upon authorization of a judge, body (civil servant) authorized to consider the
case; appeal the application of measures to ensure proceeding on a case; use the other
rights provided to him (her) by the Law.
2. Defence attorney shall not have the right to: commit any actions against the
interests of a defendant and impede exercise of the rights belonging to him (her);
recognize his (her) belonging administrative infraction and guilt in its commission in
spite of position of a defendant, to apply on reconciliation of a defendant with injured
party; withdraw complaints and petitions filed by a defendant; disclose the details that
became known to him (her) due to applying for legal assistance and its implementation.
Article 753. Representative of injured party 1. The representatives of an injured party may be the persons legally qualified by
operation of law to represent the interests of the injured party upon the administrative
infraction proceeding.
2. The representatives of an injured party shall have the same procedural rights
as individuals and legal entities represented by them within the ambit provided by this
Code.
3. The representatives shall not have the right to commit any actions contrary to
the interests of the represented person.
4. Personal participation of an injured party in a case shall not deprive his
(her) right to have a representative on this case.
Article 754. Witness 1. Any person who may know the circumstances having significance for a case may be
called as a witness on a case on administrative infraction, unless otherwise provided by
the Law.
2. The witness shall have the right to: refuse from testimony against himself
(herself), husband (wife) or close relatives, make statements and remarks regarding the
correctness of entering own evidences in the relevant protocol; act in native language
upon consideration of a case; enjoy free assistance of an interpreter.
3. The witness shall be obliged to appear on call of a judge, body (civil servant)
the proceeding of which includes the case on administrative infraction, to report
faithfully about all that is known to him (her) on a case and answer to raised
questions, to certify the correctness of entered evidences by his (her) signature in the
relevant protocol.
4. The witness shall be informed on administrative liability for avoidance or
refusal from testimony, giving of knowingly false testimony to the body (civil servant)
authorized to consider the cases on administrative infractions, and on criminal
liability for commission of these actions in court.
5. In case of avoidance of a witness from appearance on call of a judge, body
(civil servant) the proceeding of which includes the case on administrative infraction,
he (she) may be subjected to bringing by the internal affairs body (police) on the basis
of the ruling of court, body (civil servant).
6. Upon interrogation of a minor witness under fourteen years, the presence of a
pedagogue or psychologist is compulsory. In case of necessity, the interrogation shall
be conducted in the presence of a legal representative of such witness.
Article 755. Attesting witness
1. In cases provided by this Code, the adult person that is impartial in outcome
of a case, being able to perceive fully and correctly the actions happening in his (her)
presence shall be brought as attesting witness.
2. Participation of an attesting witness in the administrative infraction
proceeding shall be expressed in protocols of personal inspection, search of a transport
vehicle, things, withdrawal of documents and things being in possession of an
individual, inspection of territories, premises and property belonged to a legal entity,
withdrawal of documents and property belonging to the legal entity.
3. The attesting witness shall be obliged to appear on call of a civil servant,
the proceeding of which includes the case on administrative infraction, to take
participation in a proceeding on this case and certify the fact of carrying out the
actions performed with his (her) presence, their content and results by his (her)
signature in the relevant protocol.
4. The attesting witness shall have the right to make statements and remarks
regarding the performed action subjected to entering in protocol.
5. In case of necessity, the attesting witness may be interrogated as a witness in
the manner provided by Article 754 of this Code.
Article 756. Specialist
1. Any adult person that is impartial in outcome of a case having special
knowledge and skills required for rendering assistance in collection, research and
assessment of evidences, as well as in applying special means may be assigned as a
specialist for participation in the administrative infraction proceeding.
2. The specialist shall have the right to: know the aim of his (her) call; refuse
from participation in a proceeding on case, if he (she) does not possess the relevant
special knowledge and skills; familiarize with case materials related to the procedural
actions committed with his (her) participation; put questions to the participants of
procedural actions upon authorization of a judge, body (civil servant) the proceeding of
which includes the case on administrative infraction; conduct research within the
procedural actions, with the exception of comparative research, case materials with the
reflection of its course and results in the protocol or official document that is a part
of the protocol of procedural actions; familiarize with the protocol of procedural
actions in which he (she) took participation, and make statements and remarks subjected
to entering in the protocol with regard to fullness and correctness of recording the
course and results of the actions performed with his (her) participation.
3. The specialist shall be obliged to: appear on call of a judge, body (civil
servant) carrying out the administrative infraction proceeding; participate in a
procedural action using special knowledge, skills and scientific technical means; give
explanations regarding the actions committed by him (her); certify the fact of
commission of mentioned actions, their content and results by his (her) signature.
Article 757. Expert
1. The person that is impartial in outcome of a case, having special scientific
knowledge may be called as an expert. Performance of forensic examination may be
instructed to:
1) employees of the bodies of forensic examination;
2) individuals carrying out the judicial expert activity on the basis of the
license;
3) the other persons in accordance with requirements of the Law in exceptional
manner.
2. The expert shall have the right to: familiarize with case materials related to
the subject of examination; file petitions on representing additional materials required
for giving an opinion, to participate in a proceeding of procedural actions upon
authorization of the body (civil servant), the proceeding of which includes the case on
administrative infraction, and put questions to the persons participating in them
related to the subject of examination; familiarize with a protocol of procedural actions
in which he (she) took participation, and make remarks subjected to entering in the
protocols with regard fullness and correctness of recording his (her) actions and
evidences; in coordination with a judge, body (civil servant) that assigned the forensic
examination, to give an opinion within the competence on the circumstances having a
meaning for the case detected in the course of judicial expert research, that are beyond
the scope of the issues contained in a ruling on assignment of the forensic examination;
represent the opinion and give evidences in native language or the language that he
(she) can speak; enjoy free assistance of an interpreter; appeal decisions and actions
of a court and other persons participating in the proceeding on case derogating from his
(her) rights upon performance of the examination; receive compensation of the costs
incurred upon performance of the examination, and remuneration for the performed work,
if performance of forensic examination is not included into his (her) scope of official
duties.
3. The expert shall not have the right to: hold negotiations with participations
of the administrative infraction proceeding on the issues linked with performance of the
examination, without knowledge of the body carrying out proceeding on a case; collect
materials for investigation on an individual basis; conduct investigations that may
entail full or partial destruction of the objects or change of their appearance or main
properties, if there is no special permit of the body that assigned the examination.
4. The expert shall be obliged to: appear on call of a judge, body (civil servant)
the proceeding of which includes the case on administrative infraction; conduct
thorough, full and objective investigation of the objects represented to him (her), give
reasonable written conclusion on the issues set before him (her); refuse from giving an
opinion and draw up substantiated written report on impossibility to give the opinion
and direct it to the body (civil servant( that assigned the forensic examination, in the
cases provided by a part thirteen of Article 772 of this Code; give evidences on the
issues linked with conducted investigation and given opinion; ensure preservation of the
investigated objects; not to disclose the details on circumstances of the case and other
details that became known to him (her) due to performance of the examination.
5. The expert shall bear criminal liability provided by the Law for giving
knowingly false opinion.
6. The expert that is the employee of the body of forensic examination shall be
regarded as familiarized with his (her) rights and obligations and warned on a criminal
liability for giving knowingly false opinion in court by the nature his (her) business
occupation.
Article 758. Interpreter
1. Any adult person that is impartial in outcome of a case that can speak
languages (that understands the signs of dumb or deaf people), the knowledge of which
are required for interpretation upon the administrative infraction proceeding.
2. The interpreter shall be assigned by a judge, body (civil servant) the
proceeding of which includes the case on administrative infarction.
3. The interpreter shall have the right to: refuse from participation in a
proceeding on case, if he (she) does not possess knowledge required for interpretation;
put questions to the persons attending upon the process of interpretation for
clarification of the interpretation; familiarize with a protocol of procedural actions
in the proceeding of which he (she) took participation, and make remarks subjected to
entering in the protocol in regard with fullness and correctness of recording of
interpretation.
4. The interpreter shall be obliged to: appear on call of a judge, body (civil
servant) the proceeding of which includes the case on administrative infraction, and to
carry out the interpretation instructed to him (her) fully and precisely; certify
correctness of interpretation by own signature in the relevant protocol.
5. The interpreter shall be warned on administrative liability for carrying out of
knowingly false interpretation upon consideration of a case on administrative infraction
by the body (civil servant) authorized to consider the cases on administrative
infractions, and on criminal liability for commission of this act in court.
6. The rules of this Article shall apply to the person involved in participation
in a case on administrative infraction that understands the signs of dumb or deaf
people.
Article 759. Prosecutor
1. Supreme supervision of precise and uniform application of the Laws in a process
of proceeding on the cases on administrative infractions in behalf of the state, shall
be carried out by the General Prosecutor of the Republic of Kazakhstan as directly, so
through the prosecutors subordinated to him (her).
Upon exercising own procedural powers, the prosecutor shall be independent and
shall abide by the Law.
2. For the purpose of realizing own powers provided by Article 760 of this Code,
the prosecutor shall: participate in the administrative infractions proceeding;
represent evidences and participate in their investigation; set forward own opinion to
the court, body (civil servant) considering the case on guilt of the person in respect
of whom the administrative infraction proceeding is conducted, as well as on the other
issues raising in the process of considering the case; express suggestions to the court,
body (civil servant) considering the case on applying the provisions of the Law and
imposition of the administrative sanction or release from it.
3. The prosecutor shall be notified in a mandatory manner on place and time for
consideration of the case on administrative infraction committed by the minor person, as
well as the infraction that entails administrative arrest. In his (her) absence, such
case may be considered only in the case when there is data on well-timed notification of
the prosecutor and if there is no petition from him (her) on postponement of
consideration of the case.
Footnote. Article 759 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 760. Powers of a prosecutor on ensuring legality of
the administrative infractions proceeding 1. Based on the results of inspections of the administrative infractions
proceeding, the prosecutor shall:
1) introduce a protest in court, body (civil servant) on the decree on the case on
administrative infraction;
2) give written instructions to the authorized civil servants and bodies (except
for the court) on performance of additional inspection;
3) require conduct of inspection from the authorized bodies in the organizations
controlled by them or subordinated to them;
4) terminate the administrative infraction proceeding in the cases established by
the Law;
5) suspend the execution of the decree on administrative sanction;
6) issue a decree on release of the person illegally subjected to administrative
detention;
7) issue a decree or requirement on release from any measures of prohibitive or
restrictive nature imposed by the civil servants of the state bodies due to fulfillment
of own obligations in the cases of violation of rights and legal interests of
individuals, legal entities and the state;
8) issue a decree on initiation of the administrative infraction proceeding.
2. The acts of a prosecutor stated in subparagraphs 6) and 7) of part one of this
Article shall be subject to immediate execution. The civil servants that are guilty in
delay of executing the mentioned acts of a prosecutor shall bear liability established
by the Law.
Article 761. Liability for non-fulfillment of
procedural obligations
1. Non-fulfillment of the procedural obligations provided by Articles 754, 756,
757, 758 of this Code by a witness, specialist, expert and interpreter shall entail
administrative liability established in Articles 658, 659, 661 of this Code.
2. In case of commission of the actions mentioned in a part one of this Article,
upon consideration of the case on administrative infraction, complaint or protest on a
decree on the case in protocols of consideration of the complaint or protest on the
decree on the case, the relevant record shall be made.
Article 762. Circumstances excluding the possibility of
participation in the administrative infraction proceeding 1. The persons that are employees of the state bodies carrying out supervision and
control of compliance with the riles, the violation of which is the ground for
initiation of this case, or if they previously acted as other participants of the
proceeding on this case shall not be admitted to participate in the administrative
infraction proceeding as defence attorney and representative.
2. The expert and interpreter shall not be admitted to participate in the
administrative infraction proceeding if: they are incompetent; they are in blood
relationship with the person brought to administrative liability, the injured party,
their representatives, defence attorney, representative, prosecutor, judge, civil
servant, the proceeding of which includes this case, or if they previously acted as
other participants of the proceeding on this case, and equally if there are grounds to
regard these persons as having interest in this case directly or indirectly.
3. Preceding participation of a person in the case as an expert is the
circumstance that excludes his (her) instructing to perform the examination in cases
when then it is assigned repeatedly second time after the examination performed with his
(her) participation.
Article 763. Challenges of persons the participation of which
in the proceeding on case is not admitted
1. In existence of the circumstances provided by Article 762 of this Code
excluding a possibility for participation of defence attorney, representative,
prosecutor, expert and interpreter in the administrative infraction proceeding, the
mentioned persons shall be subject to challenge.
2. The application on recusation or challenge shall be filed to a judge, body
(civil servant) the proceeding of which includes the case on administrative infraction.
3. the application on recusation or challenge shall be considered within three
days from the date of filing the application.
4. After consideration of the application on recusation or challenge, the judge,
body (civil servant) shall issue a ruling on satisfying the application or on refusal
from its satisfaction.
Article 764. Compensation of expenses to injured party,
witness, expert, specialist, interpreter or attesting witness
1. Injured party, witness, expert, specialist, interpreter and attesting witness
shall be compensated for expenses incurred by them due to appearance in court, body
(civil servant) the proceeding of which includes the case on administrative infraction
in the manner established by the civil procedure legislation, including the cost of
travelling of the mentioned persons from the place of residence or staying to the place
of proceeding and return, and in cases when it is linked with staying at the other place
– the cost of lease of a residential premise, as well as daily allowance.
2. The average earnings on the work place of the person called as injured party,
witness, expert, specialist, interpreter and attesting witness shall be preserved in
established manner for a time of their absence due to appearance in court, body (civil
servant) the proceeding and consideration of which includes the case on administrative
infraction.
3. Labour of an expert, specialist and interpreter shall be paid in the manner
established by the legislation.
Chapter 39. EVIDENCES AND PROOF
Article 765. Evidences 1. Evidences on the case on administrative infraction are legally received actual
data on the basis of which, the judge or body (civil servant) the proceeding of which
includes the case on administrative infraction establishes existence or absence of the
act containing all the signs of administrative infraction components, commission or non-
commission of this act buy the person in respect of whom the administrative infraction
proceeding is conducted, guilt or guiltlessness of this person, as well as the other
circumstances having significance for a proper solution of the case in the manner
established by this Code.
2. Actual data mentioned in a part one of this Article, shall be established by:
explanations of a person brought to administrative liability; testimony of an injured
party, witnesses; opinions and testimony of an expert specialist; material evidences;
other documents; protocols on administrative infraction and protocols of procedural
actions provided by this Code.
Upon consideration of materials on administrative infractions, the data received
with use of scientific technical means may be used as evidences.
3. Actual data shall be recognized inadmissible as the evidences, if they are
received with violations of the requirements of this Code that affected or may affect a
credibility of the received actual data by means of deprivation or restriction of the
rights of the participants of proceeding guaranteed by the Law or violation of the other
rules of process, as well as:
1) with use of force, threat, fraud, and equally the other illegal actions;
2) with use of wrong beliefs of a person participating in a process with regard of
his (her) rights and obligations occurred due to non-clarification, incomplete or
improper clarification of them;
3) due to conduct of a procedural action by a person that does not have the right
to carry out the proceeding on this case;
4) due to participation of a person subjected to challenge in a procedural action;
5) with violation of the procedure for proceeding of a procedural action;
6) from unknown source;
7) with use of methods in the course of proving contradicting to modern scientific
knowledge.
4. Inadmissibility of using actual data as evidences shall be established by a
judge or body (civil servant) carrying out the administrative infraction proceeding at
own initiative or upon petition of participants of the process.
5. The evidences received with breach of the Law shall be recognized invalid and
may not be taken as basis of case decision, as well as may not be used upon proving any
circumstance on the case, with the exception of the fact of the relevant violations and
guilt of the persons that committed them.
Article 766. Circumstances subjected to proving on the case
on administrative infraction
It shall be subject to proving on the case on administrative infraction as
follows:
1) the fact and signs of administrative infraction components provided by this
Code;
2) the person that committed wrongful act (action or omission) for which the
administrative liability is provided by this Code;
3) guilt of an individual in commission of administrative infraction;
4) circumstances mitigating or aggravating administrative liability;
5) character and size of damage inflicted by administrative infraction;
6) circumstances entailing release from administrative liability;
7) reasons and conditions promoting commission of administrative infraction, as
well as the other circumstances having significance for a proper solution of the case.
Article 767. Explanations of a person in respect of which
the administrative infraction proceeding is conducted,
the testimony of an injured party and witness
1. The explanations of a person in respect of which the proceeding on case is
conducted, the testimony of an injured party and witness represent the details having
relevance to the case given by the mentioned persons in oral or written form.
2. The explanations of a person in respect of whom the proceeding on case is
conducted shall be reflected in a protocol on administrative infraction or on applying
the measures on ensuring the proceeding on case, and when necessary – shall be drawn up
as polling protocol and attached to the case.
3. The explanations of a person in respect of whom the administrative infraction
proceeding is conducted, the testimony of witnesses shall be incorporated in protocol on
administrative infraction only after its full filling and clarification of rights and
obligations provided by this Code to the mentioned persons.
4. In case of failure to comply with the requirements provided by a part three of
this Article, the explanations of a person in respect of whom the administrative
infraction proceeding, the testimony of a witness shall not be considered as having the
force of evidences and may not be recognized as evidences.
Article 768. Representation of evidences 1. The evidences may be represented by parties and other participants of
administrative proceeding.
2. If the represented evidences are insufficient, the court or body considering a
case may suggest to represent additional evidences to participants of a process or to
collect them at own initiative.
Article 769. Grounds for release from evidence
1. The circumstances recognized as commonly known by a court, body (civil servant)
authorized to consider administrative infraction, shall not be subject to proving.
2. The circumstances established by the court decision on a civil case or the
court decree on another case on administrative infraction entered into force shall not
be subject to proving upon consideration of the other cases on administrative
infractions in which the same persons take participation.
3. The following circumstances shall be considered as established without
evidences, unless the contrary is established within the due process of law:
1) correctness of the methods for investigation being generally accepted in modern
science, technology, arts, craft;
2) knowledge of the law by a person;
3) knowledge of own official and professional obligations by a person;
4) absence of special training or education of a person that did not represent a
document for their certification and that did not state the educational organization or
another institution where he (she) obtained special training or education.
Article 770. Securing of evidence
1. The parties that have a reason to be worried that the representation of
necessary evidences for them will be impossible or difficult, may ask a judge, body
(civil servant) considering a case on administrative infraction on securing of these
evidences.
2. Securing of evidences shall be carried out by demanding representation of
documents, details and conclusions, performance of examinations, survey on the spot and
by other methods from organizations independently from their participation in the case.
Article 771. Application on securing of evidences 1. The application on securing of evidences shall include: the evidences that are
required to be secured; the evidences the confirmation of which requires these
evidences; the reasons inducing an applicant to make a request on securing, as well as
the case for which these evidences are required.
2. The application shall be directed to court, body (civil servant) considering a
case on administrative infraction.
Article 772. Assignment and performance of examination
1. The examination shall be assigned by a judge, body (civil servant) the
proceeding of which includes a case on administrative infraction, when the circumstances
having significance for the case may be received in a result of investigation of the
case materials conducted by an expert on the basis of special scientific knowledge.
2. Existence of certificates of audit, inspection, conclusions of departmental
inspections, as well as official documents drawn up according to results of
investigations conducted by specialists in the course of procedural actions shall not
exclude a possibility to conduct an examination on the same issues.
3. The judge, body (civil servant) the proceeding of which includes a case on
administrative infraction may assign an examination upon petition of parties or at own
initiative.
4. Performance of an examination may be instructed to employees of the examination
bodies or to other persons satisfying requirements of Articles 757 of this Code.
Performance of an examination may be instructed to a person from among those proposed by
the parties. The requirements of a judge, civil servant on call of the person that is
instructed by performance of the examination shall be compulsory for the head of the
organization where the mentioned person works.
5. On assignment of an examination, the judge, body (civil servant) the proceeding
of which includes a case on administrative infraction shall issue a ruling in which he
(she) states:
1) last name, initials of a judge, civil servant, name of a court, body;
2) time, place of assignment of an examination;
3) grounds for assignment of an examination;
4) last name, first name, patronymic (when available) of an expert or name of an
examination body in which it shall be performed;
5) issues set before an expert;
6) list of materials represented in disposal of an expert.
The ruling shall also contain records on explanation of the rights and obligations
to an expert and on the warning on liability for giving knowingly false opinion.
6. The single-discipline expert panel may be assigned for performance of complex
expert investigations that shall be performed by no less than two experts of one
specialty.
7. The comprehensive examination shall be assigned if for establishment of the
circumstance having significance for a case it is required investigation on the basis of
different branches of knowledge that shall be performed by experts of different
specialties within own competence.
8. Before direction of a ruling on assignment of an examination for execution, the
judge, body (civil servant) that assigned the forensic examination shall be obliged to
familiarize the person in respect of whom the administrative infraction proceeding is
conducted, the injured party with it, to explain the rights to them:
1) challenge an expert or file petition on dismissal from performance of an
examination of the body of forensic examination;
2) file petitions on assignment of the persons or employees of particular bodies
of forensic examination specified by them as experts, as well as on performance of an
examination by the committee of experts;
3) file petition on raising additional questions before an expert or on
clarification of the raised questions;
4) attend during performance of an examination, to give explanations to an expert
upon authorization of a judge or body (civil servant) that assigned the forensic
examination, with the exception of cases precluding performance of the examination;
5) familiarize with expert’s opinion or report on impossibility to give an opinion
after its delivery to a judge or body (civil servant) that assigned the forensic
examination, to represent own remarks, to file petitions on assignment of additional or
repeated examination, assignment of new examinations.
The examination of injured parties shall be performed only with their written
agreement. If these persons did not attain majority age or recognized incapable by
court, he written agreement for performance of the examination shall be given by their
legal representatives.
9. Based on the results of performance of an examination, the expert (experts)
shall give an opinion in his (her) own name, drawn up in accordance with the
requirements of Article 773 of this Code and shall direct it to a judge, body (civil
servant) that assigned the examination.
10. Upon insufficient clarity and completeness, as well as in case of necessity of
solution of additional issues linked with the previous investigation, the additional
examination the performance of which is instructed to the same or another expert
(experts) shall be assigned.
11. If the opinion of the expert is substantiated insufficiently or his (her)
conclusions raise doubts or the procedural rules on assignment and performance of an
examination were essentially violated, the repeated examination, the performance of
which is instructed to the committee of experts which does not include the expert
(experts) that performed the previous examination, may be assigned for investigation the
same objects and solution of the same issues.
12. Ruling of a judge, body (civil servant) on assignment of additional and
repeated examinations shall be substantiated. Upon instructing of additional and
repeated examinations to an expert (experts), the opinions drawn up based on the results
of the previous examinations shall be represented.
13. If before conduct of investigation, the expert is assured that the issues set
before him (her) are beyond his (her) special knowledge or the materials provided to him
(her) are unsuitable or insufficient for giving an opinion and may not be performed, or
the state of science and expert practice does not allow to answer to the raised issues,
he (she) shall draw up a substantiated report on impossibility to give the opinion and
direct it to a judge, body (civil servant).
Article 773. Opinion and testimony of an expert and specialist
1. Expert’s opinion – the conclusions represented in written form on the issues
set before him (her) by a judge, body (civil servant) the proceeding of which includes a
case on administrative infraction, based on the results of investigation of case
materials, including material evidences and samples, performed with the use of special
scientific knowledge. The opinion shall also include the methods applied by an expert
during investigation, the substantiation of answers to the raised issues and
circumstances having significance for a case established at the initiative of the expert
himself (herself).
2. The opinion shall be drawn up by an expert (experts) after performance of
investigations considering its results in his (her) own name, shall certify it (them) by
signature and personal seal. In case of performance of an examination by the body of
examination, the signature of an expert shall be certified by seal of the mentioned
body.
3. The opinion of an expert shall include: date of its drawing up, terms and place
of the examination; grounds for performance of forensic examination; details on a judge,
body (civil servant) the proceeding of which includes a case on administrative
infraction; details on a body of forensic examination and (or) expert (experts) being
instructed to perform the examination (last name, first name, patronymic (when
available), education, specialty, work experience with a relevant degree, academic
degree and academic rank, current position); mark certified by the signature of an
expert that he (she) is informed on criminal liability for giving knowingly false
opinions in court; issues set before an expert (experts); details on participants of a
process attending during performance of an examination and the explanations given by
them; objects; content and results of investigations with specification of used methods;
assessment of results of performed investigations, substantiation and formulation of the
conclusions on the issues set before an expert (experts).
4. The opinion shall contain substantiation of impossibility to answer to all or
several of the raised issues, if the circumstances mentioned in a part thirteen of
Article 772 of this Code are detected in the course of investigation.
5. Expert testimony – the details reported by him (her) in the course of
consideration of a case on administrative infraction for the purpose of clarification or
specification of the opinion represented to them in accordance with requirements of
Article 757 of this Code.
6. Specialist’s opinion – judgement represented in written form on the issues
raised before a specialist by the authorized body carrying out administrative infraction
proceeding, or by parties upon answers to which, the conduct of the relevant
investigation is not required.
7. The opinion of a specialist consists of introductory, descriptive parts and
opinions. The introductory part shall contain: date, place, time for giving an opinion;
civil servant that instructed performance of the special investigation; details on a
specialist (last name, first name, patronymic (when available), education, specialty,
work experience, academic rank, current position. The descriptive part shall contain the
issues raised before a specialist, objects, materials, documents represented to a
specialist for giving an opinion, the persons attending during investigation.
Conclusions shall reflect answers of a specialist to raised issues and their scientific
rationale.
8. Specialist evidence – the details reported by him (her) in the course of
consideration of a case on administrative infraction, on circumstances requiring special
knowledge, as well as clarification of own opinion in accordance with requirements of
Article 756 of this Code.
9. Materials illustrating opinion of an expert, specialist (photo board, schemes,
schedules, tables and other materials) certified in the manner provided by a part two of
this Article shall be accompanied to the opinion and constitute its component part. The
opinion shall be also accompanied by the objects left after investigation, including
samples.
10. The opinion of an expert, specialist is not compulsory for a court, body
(civil servant) the proceeding of which includes a case on administrative infraction,
however their disagreement with the opinion shall be substantiated.
Article 774. Sample acquisition
1. The judge shall have the right to obtain samples, as well as those representing
properties of human, animal, substance, subject, if their investigation has significance
for a case.
2. The samples shall also include test samples of materials, substances, raw
materials, finished products.
3. The reasoned ruling shall be issued on sample acquisition, that shall include:
a person that will obtain samples; a person (organization) from which it is required to
obtain samples; which exactly samples and in which quantity should be obtained; when and
to whom shall person come for obtainment of samples from him (her); when and to whom the
samples should be represented after their obtainment.
4. The samples may be obtained by a judge in person, and in case of necessity –
with participation of a doctor or the other specialist, if it is not linked with
uncovering of the opposite sex from whom the samples are obtained, and if it does not
require special professional skills. In other cases, the samples may be obtained by a
doctor or the other specialist under a commission of a judge.
5. A judge, expert, doctor or the other specialist shall have the right to obtain
samples.
6. In cases when sample acquisition is a part of expert investigation, it may be
performed by an expert.
7. The samples may be obtained from parties, as well as from third parties.
8. The judge shall summon a person, familiarize him (her) with a ruling on sample
acquisition against receipt, explain the rights and obligations to him (her) and other
persons participating in this procedural action.
9. A judge shall perform necessary actions, receive samples, pack them and seal in
person or with participation of a specialist.
10. The results of sample acquisition shall be recorded in a protocol of
procedural action (court sitting) in which the actions taken for obtainment of samples
in a sequence in which they were performed, the scientific research and other methods
and procedures applied by this, as well as the samples themselves, are described.
Article 775. Sample acquisition by a doctor or other
specialist, as well as other expert
1. The judge shall direct the person from whom the samples should be obtained to a
doctor or other specialist, as well as ruling with the relevant commission. The ruling
shall contain the rights and obligations of all the participants of this procedural
action.
2. The doctor or the other specialist shall perform any necessary actions and
obtain samples under commission of a judge. Samples shall be packed and sealed, after
what they shall be directed to a judge together with official document drawn up by a
doctor or other specialist.
3. In a process of investigation, the expert may produce experimental models, on
which he (she) shall report in opinion.
4. The judge shall have the right to attend upon production of such samples that
should be reflected in a protocol drawn up by them.
5. After conduct of investigation, the expert shall attach the samples to own
opinion in a packed and sealed form.
6. If the samples are obtained under a commission of a judge by a specialist or
expert, he (she) shall draw up official document that shall be signed by all the
participants of procedural action and transferred to the judge for attaching to case
materials.
7. The protocol shall be accompanied by obtained samples in a packed and sealed
form.
Article 776. Protection of individual rights upon
sample acquisition
The methods and scientific technical means of sample acquisition shall be safe for
life and health of human. Applying complex medical procedures and methods causing strong
pain senses shall be admitted only with written agreement of the person from which the
samples should be obtained, and if he (she) is under majority age or suffers from mental
diseases, with written agreement of his (her) legal representatives.
Article 777. Material evidences 1. Material evidences on a case on administrative infraction are the subjects that
are the tool or subject for commission of infraction or that preserved its traces.
2. In necessary cases, the material evidences shall be photographed or recorded by
other method and attached to a case, whereat the entry in a protocol on administrative
infraction or another protocol provided by this Code shall be made.
3. The judge, body (civil servant) the proceeding of which includes a case on
administrative infraction shall be obliged to take all necessary measures to ensure
preservation of material evidences before solution of the case in essence, as well as to
adopt decision on them upon completion of consideration of the case.
Article 778. Scientific technical means
1. The court, body (civil servant) and participants of the administrative
infraction proceeding shall have the right to use and represent actual data received
upon using scientific technical means.
2. Use of scientific technical means shall be recognized admissible, if they:
1) explicitly provided by the Law or do not contradict its rules and principles;
2) scientifically well-grounded;
3) ensure effectiveness of proceeding on a case;
4) safe.
3. Actual data received upon use of scientifically technical means shall be
reflected in a protocol on administrative infraction or decree on a case on
administrative infraction.
Article 779. Documents
1. The documents shall be recognized as evidences on a case, if the details stated
or certified in them by organizations, civil servants and individuals, have significance
for a case on administrative infraction.
2. The documents may contain details recorded as in written, so in other form.
Materials containing computer information, photo survey and cine filming, sound and
video recording received, demanded or represented in the manner provided by this Code
may be also referred to the documents.
3. Driving license for the right of operation of transport vehicle is a document
having significance for a case only in cases of its verification and adoption of a
decision on deprivation of the right of an individual to operate transport vehicle.
4. The judge, body (civil servant) the proceeding of which includes a case on
administrative infraction shall be obliged to take necessary measures to ensure
preservation of documents before solution of the case in essence, as well as adopt
decision on them upon completion of consideration of the case.
5. In cases when the documents have the signs mentioned in Article 777 of this
Code, they are material evidences.
Article 780. Demand of additional details
1. The judge, body (civil servant) the proceeding of which include a case on
administrative infraction shall have the right to issue a ruling on demand of additional
details from organizations, public associations, required for solution of the case.
2. In the ruling of a judge, body (civil servant) on demand of additional details,
the brief of the merit of considered case shall be stated, the circumstances subjected
to clarification shall be specified. This ruling shall be compulsory for a court to
which it is directed, and subjected to execution within the established term.
3. Demanded details shall be directed within three days from the date of receipt
of requirement.
4. Upon impossibility to represent the mentioned details, the organization, public
association shall be obliged to notify a judge, body (civil servant) that issued the
ruling in written form within three days.
Article 781. Proving 1. Proving consists of collection, verification and assessment of evidences for
the purpose of establishment of the circumstances having significance for a legal,
substantiated and fair consideration of cases on administrative infractions.
2. Burden of proving the existence of the grounds of administrative liability and
guilt of infraction shall be imposed on a body (civil servant) authorized to consider
the proceeding on cases on administrative infractions.
Article 782. Collection of evidences
1. Collection of evidences shall be carried out in a process of the administrative
infraction proceeding by carrying out the actions provided by this Code.
2. Subjects and documents shall be attached to the case after their assessment
whereat the relevant record shall be entered in a protocol on administrative infractions
or a separate protocol shall be drawn up.
Acceptance of subjects and documents from the persons that are participants of the
administrative infractions proceeding shall be carried out on the basis of a petition.
Article 783. Inspection
All the evidences collected on a case on administrative infraction shall be
subject to detailed, comprehensive and objective inspection. The inspection includes an
analysis of received evidence, its correlation with other evidences, collection of
additional evidences, inspection of the sources of evidences.
Article 784. Evaluation of evidences
1. Evaluation of evidences is a logical intellectual activity consisting of
analysis and synthesis of evidences and terminating with a summary on relevance,
admissibility, credibility and value of separate evidences and sufficiency of their
totality for substantiation of adopted decision.
2. The judge, body (civil servant) carrying out the administrative infraction
proceeding shall evaluate evidences at own inner conviction based on comprehensive, full
and objective consideration of the evidences in their totality, governed by the Law and
conscience. No evidences have a predetermined established force.
3. Each evidence shall be subject to evaluation from the point of view of
relevance, admissibility, credibility, and all the evidences collected in total –
sufficiency for solution of a case.
4. The evidence shall be recognized related to a case if it represents actual data
that confirms, deny or challenge the summaries on existence of the circumstances having
a significance for a case.
5. The evidence shall be recognized admitted if it is received in the manner
provided by this Code.
6. The evidence shall be recognized credible if in results of inspection it is
clear that it conforms to actuality.
7. The totality of evidences shall be recognized sufficient for solution of a
case, if all the admitted and credible evidences related to the case establishing the
issue about all and each of the circumstances subjected to proving without controversy,
are collected.
Chapter 40. TAKING MEASURES OF ENSURING THE ADMINISTRATIVE
INFRACTIONS PROCEEDING
Article 785. Measures of ensuring the administrative
infraction proceeding
1. For the purpose of suppression of administrative infraction, establishment of
identity of a person suspected in its commission, drawing up a protocol on
administrative infraction, when its drawing up is impossible on location of the
administrative infraction, ensuring well-timed and proper consideration of a case and
execution of a decree adopted on the case, prevention of a direct danger to life or
health of people, threat of accident or technogenic disasters, the authorized civil
servant shall have the right to apply the following measures of ensuring the
administrative infraction proceeding within the competence in respect of an individual:
1) bringing to the place of drawing up of a protocol on administrative infraction;
2) administrative detention of an individual;
3) bringing;
4) personal inspection and search of things being in possession of an individual;
5) search of transport vehicles, small size vessels;
6) withdrawal of documents and things;
7) suspension from operation of transport vehicle or small size vessel and
examination of his (her) state of alcohol, drug, substance abuse intoxication;
8) detention, bringing and prohibition to operate transport vehicle or small size
vessel;
9) survey;
10) medical certification of an individual of the state of alcohol, drug or
substance abuse intoxication;
11) suspension or prohibition of the activity or its separate types in order of
Article 48 of this Code.
2. In respect of a legal entity, the following measures of ensuring the
administrative infraction proceeding may be applied:
1) survey of premises, territories, goods located there, transport vehicles and
other property belonging to a legal entity, as well as the relevant documents;
2) withdrawal of documents belonging to a legal entity;
3) arrestment or withdrawal of goods, transport vehicles and another property
belonging to a legal entity;
4) suspension or prohibition of the activity or its separate types in order of
Article 48 of this Code.
3. Measures of ensuring the administrative infraction proceeding may be applied
before initiation of a case on administrative infraction (except for personal
inspection, search of things being in possession of an individual) during proceeding of
the case, as well as at the stage of execution of a decree of the case on administrative
infraction.
4. Each of the measures of ensuring the administrative infraction proceeding
listed in parts one and two of this Article may be applied separately or together with
the other measures, if it is caused by necessity.
5. The civil servant shall bear responsibility for the damage inflicted by illegal
application of the measures of ensuring the administrative infraction proceeding.
6. The application of measures of ensuring the administrative infraction
proceeding may be appealed in the manner provided by chapter 44 of this Code.
Article 786. Conveying 1. Conveying, i.e. forced transmittal of an individual, representative of legal
entity, civil servant, and in cases provided by subparagraphs 1), 3), 4), 5) and 7) of
this Article, transport vehicle and other tools for commission of an infraction for the
purpose of suppression of the infraction, establishment of identity of the offender, as
well as drawing up of a protocol on administrative infraction or issuing restraining
order upon impossibility to draw them up at the place of detection of the administrative
infraction, if the drawing up of the protocol is compulsory, shall be carried out upon
commission of:
1) violations of the rules of using transport means, the rules on protection of
order and traffic safety, the rules oriented to preserve cargo in transport, the rules
of fire security, sanitary hygienic and sanitary epidemiological rules in transport – by
the authorized person to the internal affairs body (police), if he (she) does not have
the documents certifying identity, and there are no witnesses that may tell necessary
data about him (her), as well as if he (she) does not have necessary documents relating
to transport vehicle;
2) forestry violations or violations of the hunting regulations, fishery
regulations and protection of fish resources and other breaches of the legislation on
protection and use of animal world – by employees of the state and departmental security
service of forest and hunting industry by the authorized civil servants of the bodies
carrying out state supervision of compliance with the hunting regulations, bodies of
fishery protection by the civil servants of other bodies carrying out state and
departmental control of protection and use of animal world, by the civil servants of
nature reserves and other especially protected natural areas, as well as by the
employees of the internal affairs bodies (police) to the internal affairs body (police)
or to the body of local self-government;
3) administrative infractions linked with encroachment on protected objects, the
other persons’ property – by employees of paramilitary security service to the service
building of the paramilitary security service or to the body of internal affairs
(police);
4) violation of regime of the State Border of the Republic of Kazakhstan, frontier
and customs regimes, regime in checkpoints through the State Border of the Republic of
Kazakhstan and customs border of the Customs Union, malicious insubordination to the
legal order or requirement of a military servant of the Frontier service of the National
Security Committee of the Republic of Kazakhstan, military servants of other forces,
military formations, an employee of the internal affairs bodies (police) – by the
military servant, employee of the internal affairs bodies (police) or other individual
fulfilling the obligations on protection of the State Border of the Republic of
Kazakhstan to the unit, military unit, Frontier service of the National Security
Committee of the Republic of Kazakhstan, to the internal affairs body (police), body of
self-government;
5) infractions in the scope of entrepreneurial activity, trade and finances, tax
assessment, customs affairs – by employees of the service of economic investigations;
6) infractions encroaching on established order of management and institutions of
the state power, corruption infractions – by employees of anti-corruption service;
7) infractions committed upon conduct of protective measures on safety ensuring of
protected persons – by employees of the State Security Service of the Republic of
Kazakhstan;
8) other administrative infractions in existence of the relevant orders of a
prosecutor or request from the side of civil servants authorized to draw up protocols on
administrative infractions – by employees of the internal affairs bodies (police) to the
internal affairs body (police) or another state body.
2. Upon commission of infractions on a continental shelve, in territorial waters
(sea) and internal waters of the Republic of Kazakhstan, the offender the identity of
whom may not be established on the spot, as well as vessels and tools for commission of
the administrative infraction used for carrying out illegal activity on the continental
shelve, in territorial waters (sea) and internal waters of the Republic of Kazakhstan,
the belonging of which may not be established upon survey, shall be subject to delivery
to the port of the Republic of Kazakhstan (foreign vessels – to one of the ports of the
Republic of Kazakhstan opened for entry of foreign vessels) for suppression of the
infraction, as well as for establishment of the identity of the offender and belonging
of detained vessels, tools for commission of the infraction and drawing up of a protocol
on administrative infraction.
3. Conveying shall be carried out within a possible short term.
4. The protocol shall be drawn up or the relevant record in a protocol on
administrative infraction or administrative detention shall be entered about conveying.
Upon impossibility to carry out the conveying of a person within the terms
provided for conveying him (her) to administrative liability, the written notification
with specification of the reasons by which the conveying is not carried out shall be
directed to address of the referred body (civil servant).
Footnote. Article 786 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 787. Administrative detention
Administrative detention, i.e. short-term restriction of personal freedom of an
individual, representative of a legal entity, civil servant for the purpose of
suppression of the infraction or ensuring the proceeding, may be carried out by:
1) internal affairs bodies (police) – upon detection of administrative
infractions, the cases on which shall be considered by the internal affairs bodies
(police), in accordance with Article 685 of this Code, or administrative infractions on
the cases on which the protocols on administrative infraction shall be drawn up in
accordance with subparagraph 1) of part one of Article 804 of this Code;
2) commandant's office of the place where the state of emergency is declared, and
by military patrols – upon violation of regime of emergency situation and actions
provoking the violation of legal order in conditions of emergency situation;
3) civil servants participated in anti-terrorist operation within the established
competence – upon violation of a legal regime of anti-terrorist operation or non-
performance of requirements established due to declaration of anti-terrorist operation;
4) civil servants of the Frontier service of the National Security Committee of
the Republic of Kazakhstan – upon detection of administrative infractions considered by
them in accordance with a part three of Article 726 of this Code or administrative
infractions on the cases of which the protocols on administrative infractions shall be
drawn up in accordance with subparagraph 44) of part one of Article 804 of this Code;
5) senior military servant at location of protected object, employee of the
internal affairs bodies, special state bodies, civil servant of paramilitary security
service – upon commission of infractions linked with encroaching on the protected
objects, other persons’ property;
6) fishery protection bodies, carrying out state supervision of compliance with
the hunting regulations, and bodies of forest ad hunting industry – upon violation of
the rules, the control of compliance of which is carried out by these bodies;
7) bodies of transport control – upon violation of the rules, the control of
compliance of which is carried out by these bodies;
8) civil servants of military police – upon violation of the road traffic rules by
drivers or other persons operating transport vehicles of the Armed Forces of the
Republic of Kazakhstan, other forces and military formations of the Republic of
Kazakhstan;
9) bodies of state control in the field of environmental protection and use of
natural resources, natural reserves and other especially protected natural areas – upon
breach of the environmental legislation;
10) civil servants of the state revenues bodies – upon commission of infractions
in the scopes of entrepreneurial activity, trade and finances, tax assessment, customs
cases in accordance with the jurisdiction of cases on administrative infractions;
11) civil servants of anti-corruption service – upon commission of the infractions
encroaching on established order of management and institutions of the state power,
corruption infractions in accordance with the jurisdiction of cases on administrative
infractions;
12) civil servants of the state mining supervision bodies, Frontier service of the
National Security Committee of the Republic of Kazakhstan, authorized body on geology
and subsoil use, bodies on environmental protection and natural resources, republican
body of fishing industry – upon commission of administrative infractions on a
continental shelve, territorial waters (sea) and internal waters linked with violation
of the license conditions regulating permitted activity on the continental shelve,
territorial waters (sea) and internal waters of the Republic of Kazakhstan, violation of
the rules of conducting scientific or marine scientific researches, violation of the
rules of burial of wastes and other materials, non-performance of legal requirements of
civil servants of the bodies of protection of continental shelve, territorial waters
(sea) and internal waters of the Republic of Kazakhstan on stopping of the vessel or
impeding its carrying out;
13) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No.
272-V (shall be enforced from 01.01.2015);
14) civil servants of the State Security Service of the Republic of Kazakhstan –
if the infraction is committed during conduct of protective measures on safety ensuring
of protected persons;
15) bailiffs – upon non-performance of requirements on termination of unlawful
actions in a room during a court session, as well as in the course of the forced
execution of enforcement documents.
Footnote. Article 787 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 788. Procedure for administrative detention
1. Upon administrative detention, the protocol shall be drawn up. The protocol
shall contain data, time (to the exact minute) and place of its drawing up, position,
last name and initials of a person that drew up the protocol; details on personality of
a detained person; time, place and grounds for detention. The protocol shall be signed
by a civil servant that drew it up, and by a detained person. In case of refusal of the
detained person to sign the protocol, the relevant record shall be made. Copy of
protocol on detention shall be delivered to the person detained for commission of
administrative infraction.
2. Upon request of a person detained for commission of administrative infraction,
his (her) relatives, administration at the place of work or education, as well as
defendant shall be notified about his (her) location without delay. Upon detention of a
minor person, the notification of his (her) parents or persons substituting them shall
be compulsory.
3. Upon administrative detention of a military servant or citizen called to
military trainings, the military commandant's office or military unit in which the
detained person serves military trainings (military service) shall be notified without
delay.
4. The rights and obligations provided by this Code shall be explained to the
detained person, whereat the relevant record shall be made in a protocol of
administrative detention.
5. Failure to explain the rights and obligations of a detained person is material
violation of the administrative infraction proceeding and shall entail the liability
provided by the legislation of the Republic of Kazakhstan.
6. The person detained in the manner established by this Code shall be subject to
immediate release upon failure of the circumstances that served as the ground for his
(her) detention.
7. The persons subjected to administrative detention shall be detained in premises
specially allocated for this, meeting the sanitary requirements and excluding a
possibility of their willful leaving.
8. Conditions for detention of persons subjected to administrative detention, food
standards and procedure for medical service of such persons shall be determined by the
bodies of executive power.
9. The minor persons in respect of whom the administrative detention is applied
shall be detained separately from adult persons.
Article 789. Terms of administrative detention
1. Administrative detention shall be carried out within a time required for
achievement of the purposes mentioned in Article 785 of this Code, and may last no more
than three hours.
Beginning of the term of detention is the hour to the exact minute when
restriction of freedom of a detained person became real independently from attribution
of any procedural status to the detained person or performance of other formal
procedures. The term of administrative detention in respect of a person being in a state
of alcohol intoxication – from the time of his (her) detoxication certified by a medical
worker. The expiry date of this term is expiration of three hours calculated
uninterruptedly from the time of factual detention.
2. The person in respect of whom the proceeding is initiated for illegal entering
to protected objects, violation of the State Border regime of the Republic of
Kazakhstan, frontier and customs regimes or regime in checkpoint through the State
Border of the Republic of Kazakhstan and customs border of the Customs Union, as well as
on administrative infraction on continental shelve, territorial waters (sea) and
internal waters of the republic of Kazakhstan, may be detained for in necessary cases
for establishing identity and clarifying the circumstances of infraction up to forty
eight hours with reporting about it to a prosecutor in written within twenty four hours
from the date of detention. The persons that committed violation of order established
due to introduction of a closing time at the place where emergency situation is
declared, may be detained by employees of the internal affairs bodies (police) or
military patrols until completion of the closing time, and those from among of them who
do not have documents in their possession – until establishment of their identity, no
more than forty eight hours.
Article 790. Bringing
1. In cases provided by Article 785 of this Code, bringing of an individual or
representative of legal entity in respect of whom the administrative infraction
proceeding is conducted, legal representative of a minor person subjected to
administrative liability shall be carried out.
2. Bringing shall be carried out by bodies of internal affairs and financial
police on the basis of a ruling of a judge, body (civil servant) considering a case on
administrative infraction in the manner established by the Ministry of Internal Affairs
and the Agency of the Republic of Kazakhstan For Combating Economic And Corruption
Crimes (financial police) respectively on cases on administrative infractions considered
by the bodies of financial police.
Article 791. Personal inspection and search of things being
in possession of an individual 1. Personal inspection is a forced checkup of human body and his (her) clothes for
the purpose of detection and prevention of infarctions, discovery and withdrawal of
documents, things and other subjects being a tool for commission or subject of the
administrative infraction.
2. The search of things being in possession of an individual – checkup of things
being in possession of an individual without violation of their structural integrity.
3. Personal inspection and search of things being in possession of an individual
shall be carried out only by the authorized bodies, the list of which is determined in
Article 787 of this Code and that is exhaustive. Performance of mentioned measures by
other persons shall be prohibited and entail liability provided by the Law.
4. Personal inspection may be carried out by the person of the same sex with
inspected person and in presence of two attesting witnesses of the same sex.
5. Personal inspection and search of things being in possession of an individual
may be carried out only during the administrative infraction proceeding. The ground for
conduct of personal inspection and search of things being in possession of an individual
is commission of administrative infraction by the person.
6. The search of things (hand-luggage, luggage, hunting and signing weapons) being
in possession of an individual shall be carried out in the presence of the person in
possession of which these things are, and with participation of two attesting witnesses.
7. In exceptional cases in existence of grounds to suppose that there are weapons
or the other subjects in possession of an individual that may be used for infliction of
harm to life and health of surrounding people, the personal inspection, search of things
may be carried out without attesting witnesses with notification of a prosecutor about
this within twenty four hours.
8. In the absence of a real possibility of participation of attesting witnesses in
conduct of personal inspection and survey of things being in possession of an individual
(in a hardly accessible location, night time, in conditions of emergency or military
situation), they may be carried out without participation of attesting witnesses with
compulsory application of technical means for recording its course and results.
9. In necessary cases, photo survey and cine filming, video recording shall be
produced, and the other established methods for recording material evidences shall be
applied.
10. Upon personal inspection, search of things being in possession of an
individual, the protocol shall be drawn up. Copy of protocol on personal inspection
shall be delivered to a person in respect of whom the proceeding on case is conducted,
to his (her) legal representative. The protocol shall contain data, time and place of
its drawing up, position, last name and initials of a person subjected to personal
inspection, type, number, other identification characteristics of the things including
on type, mark, model, calibre, series, number, signs of weapons, number and type of
ammunition, special technical means for conduct of the special operational investigative
measures of information protection.
11. Application of photo survey and cine filming, video recording, other methods
of recording documents shall be recorded in a protocol of inspection. Materials received
upon conduct of survey with application of photo survey and cine filming, video
recording, other established methods of recording material evidences shall be enclosed
to the relevant protocol.
12. Protocol of personal inspection, search of things shall be signed by a civil
servant that drew it up, by a person subjected to personal inspection, by the owner of
things subjected to search, by attesting persons. In case of refusal of a person
subjected to personal inspection, owner of things subjected to search from signing
protocol, the relevant record shall be made.
Article 792. Search of transport vehicles, small size vessels 1. The search of transport vehicles, small size vessel, i.e. inspection of a
transport vehicle, small size vessel conducted without violation of their structural
integrity shall be carried out for the purpose of detection and withdrawal of the tools
for commission of infraction or subjects of administrative infraction.
2. The search of transport vehicles, small size vessels shall be carried out by
the authorized civil servant listed in Article 787 of this Code with participation of
two attesting persons.
In exceptional cases (in a hardly accessible location in the absence of proper
means of communication or when there is no possibility to involve individuals as
attesting witnesses in force of other objective reasons), the search of transport
vehicles, small size vessels, i.e. inspection carried out without violation of a
structural integrity may be conducted without participation of attesting persons, but
with application of technical means for recording its course and results.
3. The grounds for performance of search of transport vehicles, small size vessels
are:
1) existence of sufficient grounds to assume that there are tools for commission
or subjects of administrative infraction in a transport vehicle, small size vessel;
2) operation of transport vehicle by a driver being in a state of alcohol, drug,
substance abuse intoxication, if the driver maintain disobedience to legal requirements
of the authorized civil servants;
3) conduct of measures on detention of sought transport vehicles, small size
vessels by the authorized civil servants;
4) if there are reasonable grounds to assume that the cargo transferred in a
transport vehicle, small size vessel does not conform to represented documents;
5) necessity of reconciliation of the junctions and aggregates of a transport
vehicle, small size vessel with data according to represented documents;
6) detection of disorders of a transport vehicles, small size vessels in existence
of which the operation is prohibited;
7) detention of a transport vehicle, prohibition of its operation.
4. The search of transport vehicles, small size vessels shall be carried out in
the presence of a person possessing them, or his (her) representative or a person
operating transport vehicle, small size vessel on a legal ground. In exigent cases, they
may be subjected to search in the absence of mentioned persons.
5. In necessary cases, for the purpose of recording of the subjects detected
during search of transport vehicles and small size vessels, their photo survey, cine
filming shall be performed.
6. Upon search of transport vehicles, small size vessels, the protocol shall be
drawn up. Copy of this protocol shall be delivered to a person possessing the transport
vehicles, small size vessels subjected to search, or to his (her) representative or
person operating transport vehicle on a legal basis.
7. The protocol of search of transport vehicles, small size vessels shall contain
date and place of its drawing up, last name and initials of a person that drew up the
protocol, details on personality of the owner of a transport vehicle, small size vessel
subjected to search, details on type, mark, model, state registration number, other
identification characteristics of transport vehicles, small size vessel.
8. Application of photo survey and cine filming, video recording, other methods of
recording documents shall be recorded in a protocol of search. Materials received upon
conduct of search with application of photo survey and cine filming, video recording,
other established methods of recording material evidences shall be enclosed to the
relevant protocol.
9. Protocol of search of transport vehicles, small size vessels shall be signed by
a civil servant that drew it up, by a person in respect of whom the proceeding on case
is conducted, by owner of a transport vehicle, small size vessel subjected to search, or
by his (her) representative. In case of refusal of a person in respect of whom the
proceeding on a case is conducted, owner of a transport vehicle, small size vessel
subjected to search, his (her) representative from signing the protocol, the relevant
record shall be made.
Article 793. Survey
1. The survey, i.e. visual checkup of a transport vehicle, location, subjects,
documents, living persons shall be carried out in order to detect the traces of
administrative infraction, other material infractions, as well as circumstances having
significance for drawing up of protocol on administrative infraction.
2. The survey may be carried out before initiation of a case on administrative
infraction.
Article 794. General rules of carrying out of surveys
1. The survey, as a rule, shall be carried out without undue delay when it is
necessary. In case of necessity, as well as upon request of participants of survey, the
protocol shall be drawn up. The protocol shall contain date and place of its drawing up,
position, last name and initials of a person that drew up the protocol, details on a
person subjected to survey, type, number, other identification characteristics of the
things, including on type, mark, model, calibre, series, number, signs of weapons,
number and type of ammunition, special technical means for conduct of the special
operational investigative measures and encryption-based means of information protection.
The protocol of survey shall be signed by a civil servant that drew it up, by a
person subjected to survey, by owner of things subjected to survey, by attesting
witnesses. In case of refusal of a person subjected to survey, owner of things subjected
to survey from signing the protocol, the relevant record shall be made.
2. The survey of living persons shall be carried out by civil servants listed in
Article 787 of this Code. The survey of living persons shall be carried out by a person
of the same sex with surveyed person and in the presence of two attesting witnesses of
the same sex.
The survey of subjects being in possession of a living person, i.e. checkup
carried out without violation of their structural integrity shall be carried out by the
authorized civil servants listed in Article 787 of this Code, in the presence of a
person that owns or possesses these things with participation of two attesting
witnesses.
In exceptional cases in existence of grounds to suppose that there are weapons or
the other subjects in possession of a living person that may be used for infliction of
harm to life and health of surrounding people, the survey may be carried out without
attesting witnesses with notification of a prosecutor about this within twenty four
hours.
3. The survey of location, subjects, documents, with the exception of those
mentioned in a part two of this Article, shall be carried out with participation of
attesting witnesses. In exceptional cases (in a hardly accessible location in the
absence of proper means of communication or when there is no possibility to involve
individuals as attesting witnesses in force of other objective reasons), the survey may
be conducted without participation of attesting witnesses, but with application of
technical means for recording its course and results.
4. In case of necessity, the survey shall be carried out with participation of an
offender, injured party, witnesses, as well as specialist.
5. The survey of detected traces and other material objects shall be carried out
at the place of administrative infraction. If the survey requires additional time or
survey on the spot of detection is essentially obstructed, the objects may be withdrawn
and transferred to the other place accessible for survey in a packed, sealed and
undamaged form.
6. All that was detected and withdrawn during survey shall be represented to
attesting witnesses, other participants of survey, whereat the relevant note shall be
made in the protocol.
7. Only those objects related to the case shall be subject to withdrawal.
Withdrawn objects shall be packaged, sealed and certified by signatures of the
authorized civil servant and attesting witnesses.
8. The persons participating in survey shall have the right to direct attention of
the authorized civil servant to all that in their opinion may promote to clarify the
circumstances of a case.
9. In necessary cases, the measurements shall be carried out, plans and schemes of
surveyed objects shall be drawn up, as well as photography and imprinting by other
means, whereat the relevant note shall be made in the protocol to which the mentioned
materials shall be attached.
10. Copy of protocol of survey shall be delivered to a person in respect of whom
the proceeding on a case is conducted, or to his (her) representative.
Article 795. Withdrawal of things and documents being in
possession of an individual
1. Withdrawal of documents and things being a tool or subject of infractions
detected at the place of commission of the infraction or during application of the
measures of ensuring the administrative infraction proceeding provided by Article 785 of
this Code, shall be carried out by civil servants authorized to apply the relevant
measures of ensuring the proceeding on case, with participation of two attesting
witnesses.
In exceptional cases (in a hardly accessible location in the absence of proper
means of communication or when there is no possibility to involve individuals as
attesting witnesses in force of other objective reasons), the withdrawal of documents
and things being a tool of infractions detected at the place of commission of the
infraction or upon applying the measures of ensuring the administrative infraction
proceeding provided by Article 785 of this Code may be conducted without participation
of attesting persons, but with application of technical means for recording its course
and results.
2. Upon withdrawal of things and documents, the protocol shall be drawn up, the
copy of which shall be delivered to a person in respect of whom the proceeding on case
is conducted, or to his (her) representative, or the relevant record shall be made in a
protocol on administrative infraction.
3. The protocol on withdrawal of documents and things (protocol on administrative
infraction) shall contain details on a type and requisite elements of documents, type,
number, other identification characteristics of withdrawn things, including on type,
mark, model, calibre, series, number, other identification characteristics of withdrawn
weapon, number and type of ammunition, special technical means for conduct of the
special operational investigative measures and encryption-based means of information
protection.
4. The protocol of survey shall be signed by a civil servant that drew it up, by a
person from whom the relevant documents and things are withdrawn, by attesting
witnesses. In case of refusal of a person from whom the relevant documents and things
are withdrawn from signing the protocol, the relevant record shall be made.
5. Before consideration of a case on administrative infraction, the withdrawn
things and documents shall be kept at the places determined by a civil servant that
carried out withdrawal in the manner determined by the relevant authorized state body.
6. The withdrawn firearms and other weapons, as well as ammunition, special
technical means for conduct of the special operational investigative measures and
encryption-based means of information protection shall be kept in the manner determined
by the Ministry of the Republic of Kazakhstan.
7. After consideration of a case in accordance with the issued decree, the
withdrawn documents and things shall be returned to their owner or shall be confiscated,
or sold, or kept, or destructed in established manner. On the cases on administrative
infractions in the field of road traffic, the withdrawn documents shall be kept before
execution of the decree adopted on the case.
8. Driving license for the right of operation of a transport vehicle shall be
subject to withdrawal only in the case if this Code provides a sanction for
administrative infraction committed by a person in the form of deprivation of the right
of operation of a transport vehicle. In other cases, the driving license for the right
of operation of a transport vehicle after drawing up of protocol on administrative
infraction shall be returned to the owner immediately.
9. Withdrawn driving license or certificate issued instead of a driving license
for the right of operation of a transport vehicle shall be returned to a driver
according to the decree on referral for testing of knowledge of the road traffic rules
in case of passing an exam for testing of knowledge of the road traffic rules by its
owner.
Upon failure to pass the exam for testing of knowledge of the road traffic rules
by a driver, the civil servant that issued the decree shall take measures provided by
the legislation of the Republic of Kazakhstan in the field of road traffic safety within
two months from the date of receipt of the decree on referral for exam.
Instead of withdrawn driving license, the driver shall be issued by a temporary
certificate in the form established by the authorized body.
10. The state plate numbers of transport vehicles shall be subject to withdrawn
only in the presence of two attesting witnesses and (or) owner of a transport vehicle,
by this the authorized civil servant that performed withdrawal of state plate numbers
shall be obliged to explain the ground for performance of withdrawal to the owner of a
transport vehicle. Withdrawal of state plate numbers of transport vehicles for the
purpose of recovery of imposed fine shall be prohibited.
11. Withdrawn order, medal, lapel badge to honorary title of the Republic of
Kazakhstan, Kazakh SSR, USSR and other states shall be subject to return to their legal
owner, and if he (she) is not known, shall be directed to the Executive office of the
President of the Republic of Kazakhstan.
12. Withdrawal of things and documents being in possession of an individual shall
be performed only in exceptional cases for achievement of the purposes provided by a
part one of Article 785 of this Code. Application of this measure for the purpose not
provided by this Code shall entail liability provided by the Law.
Article 796. Suspension from operation of a transport vehicle,
vessel, including small size vessel, and examination of
the state of intoxication 1. The driver, navigator operating a transport vehicle, vessel, including small
size vessel, in respect of whom there are reasonable grounds to suppose that they are in
a state of intoxication, shall be subject to suspension from operation of a transport
vehicle, vessel, including small size vessel and examination of the state of
intoxication.
2. Suspension from operation of a transport vehicle, vessel, including small size
vessel, examination and appointment to medical certification of the state of
intoxication shall be carried out by employees of the internal affairs bodies, military
police respectively – upon commission of infractions by a person operating a transport
vehicle of the national security bodies, Armed Forces of the Republic of Kazakhstan,
other forces and military formations of the Republic of Kazakhstan and bodies of
transport control.
3. Referral to examination of a state of intoxication, examination of the state of
intoxication and drawing up of its results shall be carried out in the manner
established by the Government of the Republic of Kazakhstan. In case of disagreement of
a driver, navigator with the results of examination, they shall be directed to the
health care institution for medical certification.
4. Upon substitution from operation of a transport vehicle, vessel, including
small size vessel, the relevant note shall be made in a protocol of administrative
infraction for the purpose of examination of a state of intoxication.
5. The protocol on administrative infraction shall contain date, time, place,
grounds for substitution from operation of a transport vehicle, vessel, including small
size vessel for conduct of examination. Copy of protocol shall be delivered to a person
in respect of whom the proceeding on a case is conducted, or to his (her) legal
representative.
6. Act of examination of a state of intoxication shall be enclosed to the relevant
protocol.
Footnote. Article 796 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 797. Detention, conveying and prohibition of operation
of a transport vehicle, vessel, including small size vessel
1. Upon commission of violations mentioned in Articles:
1) 367, 368, 370, 372, 381, 382, 383, 392, 393, 394, 395, 396, 506, 510, 511, 512,
513, 514, 515, 516, 517, 571, 572, 573, 574, 575, 581, 582, 586, 589, 590 (part two,
three and four), 593 (part two, three, four, five, six and seven), 597 (part three,
four), 612 (part one, two, four, five), 613 (part two), 654 (in part of infractions
provided by Articles 590, 591, 592, 593, 594, 595, 596, 596, 598, 599, 600, 601, 602,
603, 606, 607, 609, 610, 611, 612, 613) of this Code, the authorized civil servant
mentioned in a part two of this Article, shall have the right to detain, convey and
prohibit operation of transport vehicles, vessels, including small size vessels by their
conveying to special grounds, parking stands or grounds adjacent to the stationary
transport control post for temporary storage, as well as with the use of other transport
vehicle (tow truck), vessel or small size vessel until elimination of the reasons for
detention;
2) 573, 575, 593 (part two, three, four and five) of this Code, the authorized
body mentioned in a part two of this Article shall have the right to detain, convey and
prohibit operation of transport vehicles belonging to foreign persons or foreign legal
persons by their conveying to special grounds, parking stands or grounds adjacent to the
stationary transport control post for temporary storage, as well as with the use of
other transport vehicle (tow truck) until the execution of a decree on imposition of
administrative sanction;
3) 590 (part one, five, six, seven, eight, nine and ten), 597 (part one and two),
610, 611 of this Code, the authorized civil servant mentioned in a part two of this
Article shall have the right to prohibit operation of transport vehicles by withdrawal
of the state registration plate numbers until elimination of the reasons of prohibition
of operation of a transport vehicle.
Conveying (towing away) of a transport vehicle for its temporary storage on
special grounds, parking stands or grounds adjacent to the stationary transport control
post may be also applied in cases of violation of the rules of stopping or parking by a
driver of transport vehicle in his (her) absence, as well as to transport vehicles left
by the drivers on the road without attendance, when it is impossible to establish their
location.
2. Detention, conveying and prohibition of operation of a transport vehicle,
vessel including small size vessel shall be carried out by the employees of internal
affairs bodies, the Frontier service of the National Security Committee during
protection and defence of the State Border of the Republic of Kazakhstan, military
police upon commission of administrative infraction by a person operating a transport
vehicle of the national security bodies, Armed Forces of the Republic of Kazakhstan,
other forces and military formations of the Republic of Kazakhstan, bodies of transport
control within the competence, bodies of forest and hunting industry, especially
protected natural areas, fishery protection (upon breach of the legislation in the field
of forest, fishing, hunting industry, especially protected natural areas).
3. Upon detention, conveying and prohibition of operation of a transport vehicle,
vessel, including small size vessel, the act of due form shall be drawn up and attached
to a protocol on administrative infraction.
Operation of a transport vehicle, small size vessel with defects in existence of
which the operation is prohibited, or reequipped without the relevant permit, or not
registered in established manner, or that did not pass the state or compulsory technical
inspection, and equally without the state registration plate numbers or with hidden,
forged plate numbers or that do not conform to the relevant national standard shall be
prohibited.
4. Storage of detained transport vehicle, vessel, including small size vessel
shall be carried out on special grounds and parking stands created under decision of the
local executive bodies and that are the communal property.
Footnote. Article 797 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272 (shall be enforced from 01.01.2015).
Article 798. Survey of territories, premises, goods,
other property belonging to a legal entity,
as well as of relevant documents 1. The survey of territories, premises, goods, other property belonging to a legal
entity, as well as of relevant documents shall be carried out by civil servants
authorized to draw up the protocols on administrative infractions of legal entities in
accordance with Article 804 of this Code.
2. The survey shall be carried out in presence of a representative of legal entity
with participation of two attesting witnesses.
3. Upon conduct of survey, the protocol shall be drawn up. Copy of protocol shall
be delivered to a representative of legal entity in respect of whom the proceeding on
case is conducted.
4. Protocol of survey of territories, premises, goods, other property belonging to
a legal entity, as well as the relevant documents shall contain date and place of its
drawing up, position, last name and initials of a person that drew up the protocol,
details on the relevant legal entity, as well as on identity of its representatives or
another employee, the details on surveyed territories and premises, types, number, other
identification characteristics of goods and other things, types and requisite elements
of documents.
5. Application of photo survey and cine filming, video recording, other methods of
recording documents shall be recorded in a protocol of survey in the course of its
performance. Materials received in result of photo survey and cine filming, video
recording, other established methods of recording material evidences shall be enclosed
to the relevant protocol.
6. The protocol of survey of territories, premises, goods, other property
belonging to a legal entity, as well as the relevant documents shall be signed by a
civil servant that drew it up, by a representative or employee of legal entity in
exigent cases, as well as by attesting witnesses. In case of refusal of a representative
or another employee of mentioned legal entity from signing the protocol, the relevant
record shall be made.
Article 799. Withdrawal of documents and property
belonging to a legal entity Withdrawal of documents, goods, other property, subjects being a tool or subject
for commission of administrative infraction, belonging to a legal entity detected at the
place of commission of the administrative infraction or during conduct of survey of
territories, premises, transport vehicles, goods, other property belonging to a legal
entity shall be carried out by the civil servants mentioned in Article 804 of this Code,
as well as by the authorized civil servants having the right to draw up the protocols on
administrative infractions under Articles 235, 236, 237, 416 of this Code. Drawing up of
withdrawal of documents, goods, other property belonging to a legal entity, as well as
their storage shall be carried out in the manner established by Article 795 of this
Code.
Article 800. Arrestment of goods, transport vehicles and
other property belonging to a legal entity 1. Arrestment of goods, transport vehicles and other property belonging to a legal
entity that are tools or subjects for commission of administrative infraction represents
inventory of the mentioned goods, transport vehicles and other property with a
declaration to a representative of legal entity, in respect of whom this measure of
ensuring the administrative infraction proceeding is applied, on prohibition to dispose
(and use in necessary cases) of them and shall be applied in case if it is impossible to
withdraw these goods, transport vehicles and other property and (or) their preservation
may be ensured without withdrawal. Arrested goods, transport vehicles and other property
may be transferred for safe storage of other persons assigned by a civil servant that
carried out arrestment.
2. Arrestment on goods, transport vehicles and other property belonging to a legal
entity shall be carried out by the authorized persons mentioned in Article 787, part one
of Article 804 of this Code, in the presence of the owner of goods, transport vehicle
and other property and two attesting witnesses.
In exigent cases, arrestment of goods, transport vehicles and other property may
be carried out in the absence of the owner.
3. In necessary cases, photo survey and cine filming, video recording shall be
applied.
4. Upon arrestment of goods, transport vehicles and other property belonging to a
legal entity, the protocol shall be drawn up. Protocol of arrestment of goods, transport
vehicles and other property belonging to a legal entity, shall contain date and place of
its drawing up, position, last name and initials of a person that drew up the protocol,
details on the legal entity in respect of which this measure of ensuring the
administrative infraction proceeding is applied and on a person who possesses arrested
goods, transport vehicles and other property, their inventory and identification
characteristics, as well as the application of photo survey and cine filming, video
recording shall be recorded. Materials received upon carrying out of arrestment with
application of photo survey and cine filming, video recording shall be enclosed to the
relevant protocol.
5. In necessary cases, the arrested goods, transport vehicles and other property
shall be packaged and (or) sealed.
6. Copy of protocol on arrestment of goods, transport vehicles and other property
belonging to a legal entity shall be delivered to a representative of legal entity in
respect of whom this measure of ensuring the administrative infraction proceeding is
applied.
7. Alienation or concealment of arrested goods, transport vehicles and other
property belonging to a legal entity by the legal entity in respect of whom this measure
of ensuring the administrative infraction proceeding is applied, or by a person carrying
out storage of arrested property, shall entail the liability established by the Laws of
the Republic of Kazakhstan.
Article 801. Procedure for suspension or prohibition of
activity or its separate types 1. Suspension or prohibition of activity or its separate types shall be carried
out by a civil servant authorized to draw up the protocol on administrative infraction
in accordance with Article 804 of this Code, the commission of which may entail the
application of administrative sanction in the form of suspension or prohibition of
activity or its separate types. Suspension or prohibition of activity of its separate
types shall be admitted for a term no more than three days. Within the specified term,
the body (civil servant) shall be obliged to direct materials on administrative
infraction to court.
2. Upon suspension or prohibition of activity or its separate types the act shall
be drawn up containing a ground for application of this measure, date and place of its
drawing up, position, last name and initials of a civil servant that drew up the act,
details on a person in respect of whom the administrative infraction proceeding is
conducted, object of activity subjected to temporary prohibition of activity, time of
actual termination of activity, explanations of a person and other data required for a
proper consideration of the case. By this, the act on suspension or prohibition of
activity or its separate types shall be valid until issuance of judicial decision.
3. The act on suspension or prohibition of activity or its separate types shall be
signed by a civil servant that drew it up, by an individual or representative of legal
entity the activity of which is terminated on a temporary basis. In case if the act is
not signed by any of mentioned persons, the civil servant shall make the relevant
record.
4. Copy of act on suspension or prohibition of activity or its separate types
shall be delivered to a person whose activity if terminated on a temporary basis against
receipt.
5. The civil servant that drew up the act on suspension or prohibition of activity
of its separate types shall carry out stamping, sealing premises, storage places of
goods and other material values, cash registers, as well as the other measures on
execution shall be applied by persons mentioned in the act, event, required for
temporary termination of activity.
Chapter 41. INITIATION OF CASES ON ADMINISTRATIVE
INFRACTIONS
Article 802. Reasons and grounds for initiation of a case
on administrative infraction
1. The reasons for initiation of a case on administrative infraction are:
1) indirect detection of a fact of committing administrative infraction by the
authorized civil servant in consideration of provisions of part three of this Article;
2) materials received from law enforcement bodies, as well as from other state
bodies, bodies of local self-government;
3) notices or applications of individuals and legal entities, as well as notices
in mass media;
4) indications of special automated measuring means, as well as of certified
special monitoring and testing technical means and observation devices, operating in
automated regime and recording commission of administrative infraction in the scope of
automobile transport and road traffic safety by photo survey and video recording of
traffic situation, determination of speed of a transport vehicle, actions of other
participants of road traffic.
2. The ground for initiation of a case on administrative infraction is the
existence of sufficient data pointing to the signs of the administrative infraction in
the absence of circumstances excluding the proceeding on case provided by Article 741 of
this Code.
3. The ground for initiation of a case on administrative infraction is a result of
inspection conducted in the manner established by the law of the Republic of Kazakhstan
“On state control and supervision in the Republic of Kazakhstan according to
subparagraph 1) of paragraph one of this Article.
The force of this Article shall not apply to the cases of detecting the signs of
administrative infraction upon carrying out of control and supervision in the scopes
provided by paragraphs 3, 4 of Article 3 and paragraph 3 of Article 12 of the Law of the
Republic of Kazakhstan “On state control and supervision in the Republic of Kazakhstan”,
as well as in the field of state statistics and upon carrying out of the other forms of
control by tax bodies.
4. The case on administrative infraction shall be considered initiated from the
date of drawing up of the first protocol on applying the measures of ensuring the
administrative infraction proceeding provided by Article 785 of this Code, drawing up of
a protocol on administrative infraction or issuance of the decree by a prosecutor on
initiation of a case on administrative infraction, as well as from the date of declaring
on establishment of the fact of contempt of court by a judge (court) from the side of a
person attending the proceeding in the course of judicial proceeding.
In case if the administrative infraction is recorded by certified special
monitoring and testing technical means and devices operating in automated regime, as
well as upon commission of administrative infractions, the cases on which are considered
by the state revenues bodies, the case on administrative infraction shall be considered
initiated from the date of a proper delivery of notification (notice).
Footnote. Article 802 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 803. Protocol on administrative infraction 1. Protocol on administrative infraction shall be drawn up in a written form by
the authorized civil servant, with the exception of cases provided by Article 807 of
this Code. The electronic form of a protocol on administrative infraction may be used
together with written form.
2. The protocol on administrative infraction shall contain:
1) date and place of its drawing up;
2) position, last name and initials of a person that drew it up;
3) details on a person in respect of whom the case is initiated (for individuals –
last name, first name, patronymic (when available), date of birth, place of residence,
name and requisite elements of a document certifying identity, identification number,
place of work, subscriber’s number of phone, fax, cellular communication and (or)
electronic mail (if they are available); for legal entities – name, location, number and
date of state registration (reregistration) of a legal entity, identification number and
banking details, subscriber’s number of phone, fax, cellular communication and (or)
electronic mail (if they are available);
4) place, time of commission and merits of administrative infraction;
5) Article of the Special part of section 2 of this Code providing administrative
liability for this infraction; last names, first names, patronymics (when available),
addresses of witnesses and injured parties, if available;
6) explanation of an individual or representative of legal entity in respect of
whom the case is initiated; name, number, date of metrological verification, indications
of technical means, if they were used upon clarification and recording of an
administrative infraction;
7) other details require for solution of a case, as well as the documents
confirming the fact of committing administrative infraction shall be enclosed.
3. Upon drawing up of a protocol on administrative infraction, the language of
proceeding shall be determined. The person in respect of whom the case is initiated, as
well as other participants of the proceeding on case shall be explained about their
rights and obligations provided by this Code, whereat the relevant note shall be made in
the protocol.
Upon drawing up of a protocol on administrative infraction, the defence attorney
or legal representative of a minor person in respect of whom the administrative
infraction proceeding is conducted, shall be explained about their right to file a
petition on transfer of the case according to court jurisdiction to the specialized
administrative court, and in the absence of the specialized administrative court in a
territory of the relevant administrative territorial entity – to district (city) court.
4. The protocol on administrative infraction shall be signed by a person that drew
it up, and by a person (representative of the person) in respect of whom the
administrative infraction proceeding is conducted, with the exception of cases provided
by this Article. In existence of injured parties and witnesses, as well as in cases of
participation of attesting witnesses, the protocol shall be signed by these persons.
5. In case of absence or non-appearance of a notified person in a proper manner,
in respect of whom the case is initiated, the protocol on administrative infraction
shall be signed by a person that drew it up, with the note on absence or non-appearance
of the person in respect of whom the case is initiated.
6. In case of refusal from accepting a protocol on the case on administrative
infraction against receipt by a person, in respect of whom the case on administrative
infraction is initiated, the relevant record shall be made in the protocol by the person
that drew it up.
7. The individual or representative of legal entity in respect of which the case
is initiated shall be provided by a possibility to familiarize with a protocol on
administrative infraction. The mentioned persons shall have the right to represent
explanations and remarks on contain of the protocol, as well as to state the grounds of
own refusal from its signing. In case of refusal of these persons from signing the
protocol on administrative infraction, the relevant record shall be made. The fact of
signing the protocol by a person in respect of whom the case is initiated shall bear
evidence of familiarization of this person with the protocol and shall not constitute a
confession of his (her) fault in commission of administrative infraction.
8. Copy of protocol shall be delivered to an individual or representative of legal
entity in respect of which the case is initiated, as well as to an injured party against
receipt immediately after its drawing up, with the exception of cases provided by this
part.
9. The protocol on administrative infraction in cases of its drawing up in the
absence of a person in respect of whom the case is initiated on the grounds provided by
subparagraph 4) of part one of Article 802 of this Code, as well as provided by parts
five and six of this Article within two days after its drawing up shall be directed by
registered mail with notification of the person in respect of whom the case is
initiated. The fact of non-return of the protocol within three days from the date of
receipt by the person in respect of whom the case is initiated shall be recognized as
refusal from its signing, whereat the relevant record shall be made in a copy of
protocol.
Footnote. Article 803 as amended by the Law of the Republic of Kazakhstan dated
20.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 804. Civil servants having the right to draw up
protocols on administrative infractions
1. The following authorized civil servants shall have the right to draw up the
protocols on administrative infractions on the cases on administrative infractions
considered by courts:
1) the internal affairs bodies (Articles 73, 85, 100, 127, 128, 129, 130, 131,
132, 133, 134, 135, 149, 150, 154, 160 (part two), 190 (part two, three and four), 191,
200, 282 (parts three and four), 382 (parts two and three), 383 (parts three and four),
398, 416 (on violation of safety requirements to non-military and service weapons and
ammunition to them, chemical products linked with a turnover of narcotic drugs,
psychotropic substances and precursors, civil pyrotechnical substances and products with
their application), 422, 423 (part two), 427, 433 (part two), 434, 435, 436, 438 (part
three), 440 (parts four and five), 442, 443 (part two), 444 (part one), 445 (parts one
and eleven), 446, 448, 449 (parts two and three), 450, 453, 461, 462, 463, 469 (part
two), 470 (part two), 476, 477, 478, 479, 480, 481, 482, 483, 485 (part two), 488, 489
(parts two, three and four), 495 (part two), 496 (part two), 506, 512 (part two), 513
(part two), 514 (part two), 517 (parts two, four, five, six and seven), 590 (part four),
596 (parts three and five), 603 (parts one and two), 604 (part two), 605 (parts three
and four), 606 (part two), 607 (part two), 608, 610, 611 (parts two and three), 613
(parts one, two, three, four, five, six, seven, eight, nine, ten and eleven), 615 (part
four), 621 (part three), 654 (in part of infractions provided by Articles 590, 591, 592,
593, 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 604, 605, 606, 607, 608, 609,
610, 611, 612, 613), 662, 663, 665, 669, 674, 675);
2) authorized body in the scope of civil defence (Articles 299 (part two) (with
the exception of security of dams), 312 (part two), 314, 410-1, 416 (on violations of
safety requirements to machines and equipment, chemical products in a part of fire and
explosion hazards), 462);
3) commandant's offices of separate locations (Articles 476, 478);
4) bodies of military police, Armed Forces of the Republic of Kazakhstan on
infractions committed by military servants, persons liable for military service, called
on trainings, and by persons operating transport vehicles of the Armed Forces of the
Republic of Kazakhstan provided by Articles 73, 154, 434, 436, 440 (parts four and
five), 444 (part one), 479, 482, 483, 485 (part two), 488, 506, 590 (part four), 596
(parts three and five), 603 (parts one and two), 606 (part two), 607 (part two), 608,
610, 611 (parts two and three), 613 (parts one, two, three, four, five, six, seven,
eight, nine, ten and eleven),
615 (part four), 621 (part three), 651, 652 in respect of commanding officers
(heads) of military units (institutions) under Article 680 of this Code, with the
exception of persons mentioned in subparagraphs 5) and 6) of this Article;
5) bodies of military police of the National Security Committee of the Republic of
Kazakhstan on infractions committed by persons operating transport vehicles of the
special state bodies provided by Articles 590 (part four), 596 (parts three and five),
603 (parts one and two), 606 (part two), 607 (part two), 608, 610, 611 (parts two and
three), 613 (parts one, two, three, four, five, six, seven, eight, nine, ten and
eleven), 615 (part four), 621 (part three), as well as in respect of other persons under
Article 506, 652, commanding officers of military units under Article 680 of this Code;
6) bodies of military police of the National Guard of the Republic of Kazakhstan
on infractions committed by military servants and persons liable for military service
called on trainings provided by Articles 506, 590 (part four), 596 (parts three and
five), 603 (part one and two), 606 (part two), 607 (part two), 608, 610, 611 (parts two
and three), 613 (parts one, two, three, four, five, six, seven, eight, nine, ten and
eleven), 615 (part four), 621 (part three), 652, as well as in respect of commanding
officers of military units under Article 680 of this Code;
7) authorized body in the field of use and protection of water fund (Article 299
(part two) (with the exception of industrial safety), 360 (part one), 462, 463);
8) authorized body in the field of veterinary medicine (Article 416 (on violations
of safety requirements to food products subjected to veterinary sanitary control and
supervision);
9) bodies in the field of forest, fishery and hunting industry (Article 160 (part
two), 382 (part three), 383 (part three and four), 385 (part two), 389, 392 (part
three), 395 (part two), 396 (part two), 398, 462, 463);
10) authorized body in the field of environmental protection (Articles 139 (part
two), 326 (parts three and four), 333 (part two), 395 (part two), 396 (part two), 397
(part four), 399 (parts two and three), 416 (on violations of safety requirements to
chemical products), 462);
11) bodies of state control in the field of exploration and use of subsoil
(Articles 416, 462);
12) authorized body in the field of culture (Article 75 (parts one, two, five and
six), 145);
13) authorized body in the field of touristic activity (Articles 187 (parts two,
three, four and five), 462, 465);
14) authorized body in the scope of gambling business (Articles 214, 444 (part
one), 445);
15) bodies on quarantine and plant protection (Article 400 (part two), 416 (on
violations of safety requirements to chemical products), 462);
16) bodies in the field of seed production and regulation of grain market (Article
462);
17) authorized body in the field of production of biofuel (Article 169 (parts two,
seven, thirteen (in part of production of biofuen( �
18) authorized body in the field of turnover of biofuel (Article 169 (parts ten,
eleven, twelve, thirteen (in part of turnover of biofuel), fourteen);
19) authorized body in the field of livestock breeding (Article 407 (parts two and
three), 463);
20) authorized body in the field of rural economy (Article 416 (on violations of
safety requirements to machines and equipment, chemical products);
21) bodies of state architectural-construction control and supervision (Article
312 (part two), 313, 314, 316 (part two), 317 (part four), 319, 462, 463);
22) bodies of sanitary epidemiological supervision (Article 151 (part two), 193
(parts two and three), 282 (parts three and four), 282 (parts three and four), 312 (part
two), 314, 413, 416 (on violations of safety requirements to food products, toys,
chemical products), 425 (part two), 426 (parts two and three), 430 (part two), 462,
476);
23) authorized body in the field of communications and informatization (Article
416 (on violation of safety requirements to communication facilities), 462, 463, 464
(part two), 636 (part two), 637 (part four), 638 (part two);
24) authorized body in the scope of civil aviation (Articles 462, 564 (part five),
569 (parts one, two and four);
25) authorized body in the field of transport and communications (Article 416 (on
violations of safety requirements to machines and equipment, chemical products), 462,
463, 563 (part two);
26) bodies of transport control (Articles 462, 463, 464 (part two), 583 (part
two), 613 (part two), 618, 629 (except for violations in aerial transport vehicle);
27) bodies of the Ministry of Finance of the Republic of Kazakhstan (Article 185
(when these violations are committed by auditors, audit organizations), 214 (when these
violations are committed by auditors, audit organizations), 216, 219, 233 (part three),
235, 236, 237, 245, 246);
28) authorized body on internal control (Article 462);
29) bodies on state control of production and turnover of sub-excise products
(Article 282 (part three, four, six, seven, nine, eleven and thirteen), 281 (parts four,
five and six), 283, 463, 464 (part two);
30) anti-corruption service (Articles 154, 158, 173, 174 (part two), 357, 465,
654, 658, 659, 660, 661, 662, 665, 667, 676, 677, 678, 679, 681);
31) state revenues bodies (Articles 150, 151 (part two), 153, 154, 158, 174 (part
two), 176, 182, 183, 190 (parts three and four), 246 (parts five and six), 281 (parts
three, four, six, seven, nine, eleven and thirteen), 283, 357, 398, 462, 463, 464 (part
two), 467, 489 (parts five, six, seven and eight), 528 (part one), 532, 541, 543 (parts
one and three), 544, 545, 548 (part two), 549, 550, 551 (part two), 552 (part two), 590
(part four), 654, 658, 659, 660, 661, 662, 665, 667, as well as on administrative
infractions committed in automobile checkpoints through the State Border of the Republic
of Kazakhstan provided by Articles 400 (part two) and 425 (part two);
32) authorized body in the field of industrial safety (Article 305 (on violations
in protective zones of gas supply facilities), 306 (parts three, four and five), 307,
308, 312 (part two), 314, 416 (on violations of safety requirements to machines and
equipment, chemical products in a part of fire and explosion hazards), 462);
33) bodies of justice (Articles 158, 214, 462, 467, 668);
34) bodies that are licensers in accordance with the legislation (Article 312
(part two), 313, 314, 316 (part two), 319, 392 (part three), 462, 463, 464 (part two),
465, 467, 621 (part three);
35) authorized body carrying out management in the scopes of natural monopolies
and at regulated markets (Article 171 (parts one and three (on excess of a limit price
of retail trade of oil products), 462);
36) authorized body on entrepreneurial (Articles 175, 462, 465);
37) bodies in the field of technical regulation and ensuring the uniformity of
measurements and their territorial bodies (Articles 193 (part two), 415 (part two), 416,
417 (parts one and six), 419 (part two), 445 (parts three, eight and twelve), 462, 463,
638 (part two);
38) bodies on state energy supervision and control (Articles 462, 463);
39) authorized body in the field of regulation of industrial policy (Article 416
(on violation of safety requirements to machines and equipment, chemical products,
toys);
40) authorized body in the field of regulation of trade activity (Article 185
(when these violations are committed by stock brokers and (or) stock dealers, as well as
employees of goods exchange), 214);
41) authorized state body in the scope of state registration of legal entities,
acts of civil status, regulation of valuation activity (Article 184, 185 (in part of
breach of the legislation of the Republic of Kazakhstan on valuation activity), 462,
463);
42) authorized body in the field of oil and gas (Articles 170, 171 (parts two and
three (on excess of limit prices of wholesale trade of commercial or liquefied petroleum
gas), 356 (part fourteen), 463);
43) bodies on nuclear energy (Articles 413, 414, 416 (on violation of safety
requirements to machines and equipment);
44) Frontier Service of the National Security Committee of the Republic of
Kazakhstan (Article 382 (parts two and three), 383 (parts three and four), 395 (part
two), 396 (part two), 506, 512 (part two), 513 (part two), 514 (part two), 516, 517
(part two, four, six and seven);
45) national security bodies (Article 453 (parts two and three) for commission of
infractions linked with the state secrets), 462, 477);
46) State Security Service of the Republic of Kazakhstan upon conduct of
protection measures (Articles 149, 425 (part two), 436, 477, 482, 485 (part two), 488,
506, 606 (part two);
47) Accounts Committee on control of republican budget execution and review
committees of oblasts, cities of republican significance, the capital (Articles 216,
219, 233 (part three), 235, 236, 237, 247 (part six), 405 (part one), 462);
48) bodies of state labour inspection (Article 86 (part four), 416 (on violations
of safety requirements to chemical products), 462);
49) authorized body in the field of education (Article 409 (part seven), 462,
463);
50) local executive bodies of oblasts, city of republican significance, the
capital, districts, cities of oblast significance (Article 199 (part two), 320 (parts
one, two, three and four), 401 (parts six and seven), 402 (part four), 404 (part nine),
451, 452 (parts three, four, six and subparagraphs 4), 5) and 6) of part nine), 453, 454
(part two), 455 ( part four), 456, 463, 464 (part two), 490);
51) antimonopoly body (Article 159, 160 (part two);
52) bodies on control in the scope of rendering of medical services (Article 80
(part four), 81 (part two), 82 (part two), 409 (part seven), 424 (parts three and five),
462, 463);
53) body in the scope of turnover of medical products, medical accessories and
medical equipment (Article 426 (parts two and three) and 463);
54) authorized body in the field of space activity (Article 310, 311);
55) authorized state body in the scope of religious activity (Article 490 (parts
two, six and eight) (when these violations are committed by civil servants of the
central state bodies);
56) state officers of justice (Articles 663, 666, 669, 673);
57) bailiffs and other employees of courts authorized by a court chairman or
presiding judge in a court session (Articles 653, 654, 655, 656, 657, 658, 659, 660,
661, 662, 663, 664, 666, 667, 673);
58) authorized by akims of oblasts (city of republican significance, the capital)
(Article 656);
59) authorized body in the field of postal communication (Article 214);
60) authorized body on affairs of state service (Article 99);
61) correctional institutions or detention facilities (Article 481);
62) authorized body in the field of information (Article 451 (part two), 452
(subparagraphs 4), 5) and 6) of part nine), 509);
63) bodies of state control in the field of use and protection of lands (Article
462).
2. The authorized employees of the National Bank of the Republic of Kazakhstan
shall also have the right to draw up the protocols on administrative infractions on the
cases on administrative infractions considered by courts (Articles 86 (part four), 185,
211 (part one), 214 (parts one, two, three and four), 245, 251, 252 (part two), 462
(parts one, two, three (when these violations are committed by audit organizations),
four and five), 463, 464 (part two), 467).
3. The authorized civil servants of the bodies shall have the right to draw up the
protocols on the cases on administrative infractions the consideration of which is
related to jurisdiction of the bodies mentioned in Articles 685-735 of this Code.
Besides, the following persons shall have the right to draw up the protocols on
administrative infractions:
1) civil servants of the authorized body in the field of transport and
communications (Article 230 (part two) (when these violations are committed by passenger
carriers), 581 (part two), 582, 583 (part three), 586, 621 (part four), 622 (part one),
623, 625 (for commission of infraction in automobile transport and urban rail
transport);
2) civil servant of the specialized organizations of the authorized bodies in the
field of forest, fishing and hunting industry (Articles 138, 142, 143, 337, 339, 366,
367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 385
(part one), 392 (part two), 394 (parts one and two), 395 (part one), 396 (part one);
3) hunter, director of hunting and fishing industries responsible for the issues
of wildlife conservation (Articles 382, 383 (part one, two, three and four);
4) civil servants of the State Security Service of the Republic of Kazakhstan upon
conduct of protective measures (Articles 297, 504, 614, 675);
5) civil servants of the bodies of military police of the Armed Forces of the
Republic of Kazakhstan in respect of military servants and servants of the Armed Forces
of the Republic of Kazakhstan (Articles 437, 440 (parts one, two and three), 441, 444
(part two), 484, 485 (part one).
Footnote. Article 804 as amended by the Laws of the Republic of Kazakhstan dated
07.11.2014 No. 248-V (shall be enforced from 01.01.2015); dated 29.12.2014 No. 269-V
(shall be enforced from 01.01.2015); dated 29.12.2014 No. 272-V (the order of
enforcement see Article 2); dated 10.01.2015 No. 275-V (shall be enforced upon expiry of
ten calendar days after the date of its first official publication); dated 24.04.2015
No. 310-V (shall be enforced upon expiry of twenty one calendar days after the date of
its first official publication); dated 05.05.2015 No. 312-V (shall be enforced upon
expiry of ten calendar days after the date of its first official publication).
Article 805. Initiation of the administrative infraction
proceeding by a prosecutor
1. The prosecutor shall issue a decree on initiation of the cases on
administrative infractions provided by Articles 74, 75, 76, 77, 78, 79, 80, 81, 82, 82-
1, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110,
111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 129,
130, 173, 189, 214, 361, 362, 363, 439, 451, 452, 453, 455, 456, 457, 465, 490, 498,
507, 508, 653, 660, 666, 675, 680 of this Code.
2. The prosecutor shall have the right to issue a decree on initiation of the case
and on other administrative infraction.
3. Decree of a prosecutor on initiation of the administrative infraction
proceeding shall contain details provided by Article 803 of this Code.
Footnote. Article 805 as amended by the Laws of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015); dated 19.05.2015 No. 315-V
(shall be enforced upon expiry of ten calendar days after the date of its first official
publication).
Article 806. Terms for drawing up a protocol on
administrative infraction 1. The protocol on administrative infraction shall be drawn up immediately after
detection of the fact of commission of administrative infraction.
2. Upon detection of administrative infraction in the course of inspection
conducted in the manner established by the Law of the Republic of Kazakhstan “On state
control and supervision in the Republic of Kazakhstan”, the protocol on administrative
infraction shall be drawn up immediately after completion of the relevant inspection.
3. In cases of detection of administrative infraction upon carrying out
monopolistic activity, unfair competition, as well as anticompetitive actions of the
state and local executive bodies prohibited by the Law of the Republic of Kazakhstan “On
competition”, the protocol shall be drawn up immediately after adoption of the relevant
decision on results of investigation.
4. In cases of detection of administrative infractions in the field of tax
assessment or use of budget funds in the scope of technical regulation and ensuring the
uniformity of measurements, the protocol shall be drawn up immediately after completion
of the relevant inspection.
5. In case of failure to pay a fine in the manner determined by Article 897 of
this Code, the protocol shall be drawn up within a day upon expiration of the term
established by mentioned Article of this Code.
6. In cases when additional clarification of circumstances of an administrative
infraction, identity of an individual or details on a legal entity and identity of a
representative of legal entity is required, in respect of which the case is initiated,
the protocol on administrative infraction shall be drawn up within three days from the
date of establishment of mentioned circumstances, and on administrative infractions
provided by Articles 210, 217, 218, 220, 222, 227 (parts one and two), 239 (parts three
and four), 243, 244, 251, 252, 464 (part one), 571, 572, 573, 574, 575, 576, 594 (part
one when these violations are the violations of the rules of carriage of passengers and
cargo, parts two, three, four, five, six and seven) and 609 of this Code, as well as
upon transfer of materials on administrative infraction to territorial branches within
ten days from the date of detection of infraction or a person that committed it.
7. In case when carrying out examination is required, the protocol on
administrative infraction shall be drawn up within two days from the date of receipt of
opinion of the examination.
8. In cases when on administrative infractions provided by Articles 324 (part
one), 337 (part one), 344, 347, 394 (part two) of this Code, the establishment of the
extent of damage to environment is required, the protocol on administrative infraction
shall be drawn up within a day from the date of establishment of the extent of damage to
environment.
9. In cases when the requirements mentioned in a part six of this Article may not
be executed by the reason of failure to establish an individual, the protocol on
administrative infraction shall be drawn up on the fact of commission of administrative
infraction within the terms established by this Article.
Article 807. Cases when the protocol on administrative
infraction shall not be drawn up
1. The protocol on administrative infraction shall not be drawn up:
1) in cases of commission of an administrative infraction that entails imposition
of administrative sanction in the form of notification, if the person admitted the fact
of commission of the administrative infraction;
2) if the administrative infraction is recorded by certified special control
monitoring and testing technical means and devices operating in automated regime. The
fine shall be drawn up in the form of prescription on necessity to pay the fine with
attachment of evidences of a special control monitoring and testing technical mean and
device, whereat the possessor (owner) of a transport vehicle shall be notified in a
proper manner;
3) upon commission of administrative infractions the cases on which shall be
considered by the state revenues bodies in case if the person admitted the fact of
commission of an administrative infraction and agreed with imposition of a sanction, as
well as paid a fine in accordance with Article 897 of this Code;
4) upon address of individuals with application on restoration of violated rights,
the cases on administrative infractions provided by Articles 74, 75, 76, 78, 81, 82, 82-
1, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102,
103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119,
120, 121, 122, 123, 124, 125, 126, 128, 130 and 132 of this Code shall be considered by
a court without drawing up of a protocol on infraction;
5) if the administrative infraction proceeding is initiated by a decree of a
prosecutor and upon establishment of the fact of contempt of court directly in the
course of consideration by court in cases provided by a part three of Article 684 of
this Code.
2. Recovery in the form of notification shall be drawn up by the authorized civil
servant at the place of commission of administrative infraction, with the exception of
the infraction in the field of finance and trade.
The person that committed administrative infraction shall confirm own agreement
with imposed sanction by signing of the second copy of the decree on issuance of
notification.
Footnote. Article 807 as amended by the Laws of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015); dated 19.05.2015 No. 315-V
(shall be enforced upon expiry of ten calendar days after the date of its first official
publication).
Article 808. Direction of a protocol (decree of a prosecutor)
for consideration of a case
The protocol (decree of a prosecutor) on administrative infraction shall be
directed for consideration of a judge, body (civil servant) authorized to consider the
case on administrative infraction within three days from the date of drawing up.
The protocol (decree of a prosecutor) on administrative infraction, the
responsibility for commission of which may entail application of administrative arrest
shall be directed to a judge immediately after its drawing up.
Article 809. Termination of the administrative infraction
proceeding before transfer of a case for consideration In existence of at least one of the circumstances provided by Articles 741 and 742
of this Code, the civil servant the proceeding of which includes a case, shall issue a
decree on termination of the administrative infraction proceeding.
Chapter 42. CURTAILED ADMINISTRATIVE INFRACTION PROCEEDING
Article 810. Grounds for curtailed administrative
infraction proceeding
1. Curtailed administrative infraction proceeding shall be carried out in cases if
the fact of infraction is detected by a civil servant at the place of its commission for
which the administrative sanction in the form of fine is provided according to the item
of part one of Article 44, the individual that committed it is established admitting his
(her) guilt and that is agreed with amount of imposed fine.
2. Curtailed administrative infraction proceeding shall not be applied in the
cases:
1) when the sanction of Article provides the other types of sanction;
2) commission of an infraction by minor persons;
3) commission of an infraction by persons having privileges and immunity;
4) commission of administrative infractions the cases on which are considered by
the state revenues bodies;
5) if the administrative infraction is recorded by certified special monitoring
testing technical means and devices operating in automated regime.
Footnote. Article 810 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 811. Procedure for curtailed administrative
infraction proceeding 1. Upon detection of an administrative infraction and establishment of a person
that committed it, the civil servant shall draw up a protocol on administrative
infraction at the place of its commission and shall clarify the right of paying the fine
to the person in amount of fifty percent of stated sum of the fine within seven days.
The civil servant shall deliver a copy of protocol on administrative infraction
with a standard type receipt.
2. In case of payment of a fine in amount of fifty percent of stated sum of the
fine within seven days, the case shall be regarded as considered in essence.
Reconsideration of a case considered according to the rules of this chapter shall
be carried out in the manner established by chapter 46 of this Code.
3. In case failure to use or improper use of the right provided by a part one of
this Article, the administrative infraction proceeding shall be carried out according to
the standard procedure.
Footnote. Article 811 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Chapter 43. CONSIDERATION OF CASES ON ADMINISTRATIVE
INFRACTIONS
Article 812. Place of consideration of a case on
administrative infraction 1. The case on administrative infraction shall be considered at the place of its
commission, and in the cases provided by this Code – at location of a civil servant
(authorized state body) the jurisdiction of which includes consideration of the case on
administrative infraction. Upon petition of a person in respect of whom the
administrative infraction proceeding is conducted, the case may be considered at the
place of residence of this person.
2. The cases on administrative infractions provided by Articles 333, 334, 571,
572, 574, 590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 604,
605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621,
622, 623, 624, 625, 626, 627, 628, 629, 630, 631 and 632 of this Code may be considered
also at the place of registration of transport vehicles, vessels including small size
vessels, or at the place of residence of a person in respect of whom the administrative
infraction proceeding is conducted.
3. The cases on administrative infractions provided by Articles 378, 379, 382, 383
and 440 of this Code shall be considered at the place of their commission or at the
place of residence of a person in respect of whom the administrative infraction
proceeding is conducted.
4. The cases on administrative infractions of minor persons, their parents or
persons substituting them shall be considered at the place of residence of a person in
respect of whom the administrative infraction proceeding is conducted.
Article 813. Preparation for consideration of a case on
administrative infraction 1. The judge, body (civil servant) upon preparation for consideration of a case on
administrative infraction shall clarify the following issues:
1) if the consideration of this case is related to their competence;
2) are there the circumstances excluding the possibility of considering this case
by a judge, civil servant;
3) are the protocol on administrative infraction and the other protocols provided
by this Code drawn up in a proper manner, as well as other case materials;
4) are there the circumstances excluding the proceeding on a case, as well as
circumstances that allow not to bring a person to administrative liability;
5) are there petitions, including on cases with participation of a minor person on
consideration of a case in court at the place of residence of the minor person and
challenges;
6) are the persons mentioned in Articles 744, 745, 746, 747 and 748 of this Code
notified on place and time for consideration of a case.
2. Requirements of subparagraphs 1), 3) and 6) of part one of this Article shall
not be applied to the cases on facts of contempt of court considered in accordance with
a part three of Article 684 of this Code.
Footnote. Article 813 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 814. Circumstances excluding a possibility of
considering the cases on administrative infractions
by a judge, civil servant
The judge, civil servant for consideration of whom the case on administrative
infraction is transferred, may not consider this case in cases if this person:
1) is a relative of the person bringing to liability, or of injured party, their
representatives, defence attorney;
2) is interested in solution of a case in person, directly or indirectly.
Article 815. Recusation and challenge of a judge, civil servant
1. In existence of circumstances provided by Article 814 of this Code, the judge,
civil servant shall be obliged to apply on recusation.
2. In existence of circumstances provided by Article 814 of this Code, the person
in respect of whom the proceeding on case is conducted, injured party, legal
representatives of an individual and representatives of legal entity, defence attorney,
prosecutor shall have the right to challenge a judge, civil servant.
3. Applications of recusation, challenge shall be filed to a chairman of the
relevant court, superior civil servant.
4. Applications on recusation, challenge shall be considered by a chairman of
court, superior civil servant within a day from the date of receipt.
5. Following the results of consideration of applications on recusation,
challenge, the ruling on satisfying the applications or on refusal from their
satisfaction shall be issued.
Article 816. Decision of a judge, body (civil servant) adopted
upon preparation to consideration of a case on
administrative infraction 1. The judge, body (civil servant) upon preparation to consideration of a case on
administrative infraction, shall adopt the relevant decision:
1) on appointment of time and place for consideration of a case;
2) on calling of persons, demand of necessary additional case materials, on
assignment of examination in case of necessity;
3) on postponement of consideration of a case;
4) on transfer of a protocol on administrative infraction and other case materials
for consideration according to jurisdiction, if the consideration of this case does not
relate to its competence or the ruling on challenge of a judge, civil servant is issued;
5) on transfer of a case for consideration in essence in accordance with Article
812 of this Code;
6) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-
V (shall be enforced from 01.01.2015).
2. Decisions provided by a part one of this Article shall be issued in the form of
ruling.
3. Decision provided by subparagraph 6) of part one of this Article shall be
issued in the form of decree.
4. Upon establishment that there are two and more cases initiated in respect of
one and the same person, the judge, bodies (civil servants) authorized to consider the
cases on administrative infractions shall have the right to consolidate these cases in
one proceeding for joint consideration.
5. Upon preparation to repeated consideration of a case on administrative
infraction due to non-appearance of a person bringing to liability, his (her)
representative, witness without reasonable excuses in cases provided by a part four of
Article 744, part six of Article 746 and part five of Article 754 of this Code, the
judge, body (civil servant) considering the case shall have the right to issue a ruling
on bringing of mentioned persons.
Footnote. Article 816 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 817. Terms for consideration of cases on
administrative infractions 1. The cases on administrative infractions shall be considered within fifteen days
from the date of receipt of a protocol on administrative infraction and other case
materials by a judge, body (civil servant) legally competent to consider a case.
2. In case of receipt of petitions from participants of the proceeding on a case
on administrative infraction or upon necessity of additional clarification of the
circumstances of a case, the term for consideration of the case may be extended by a
judge, body (civil servant) considering the case, but no more than one month. The
reasoned ruling shall be issued on extension of a term.
3. The case on administrative infraction the commission of which entails
administrative arrest, administrative expulsion beyond the Republic of Kazakhstan, shall
be considered on a date of receipt of a protocol on administrative infraction and other
case materials, and in respect of a person subjected to administrative detention – no
later than forty eight hours from the date of its detention.
4. If the person in respect of whom the case on administrative infraction is
initiated, appeals the results of inspection and other circumstances on the basis of
which the civil servant initiated the case on administrative infraction, the term for
consideration of the case shall be extended by a judge, body (civil servant) considering
the case on administrative infraction, until issuance and entering of the relevant court
decision into legal force or expiration of the term for appealing the decision of the
body (civil servant) considering a complaint of the person in respect of whom the case
on administrative infraction is initiated.
Article 818. Procedure for consideration of cases on
administrative infractions
1. Upon beginning of consideration of the cases on administrative infractions, the
judge, body (civil servant) shall:
1) declare who considers a case, which case is subject to consideration, who and
on the basis of which Article of this Code is brought to liability;
2) be satisfied in appearance of an individual or representative of legal entity
bringing to administrative liability, as well as other persons participating in
consideration of a case;
3) establish identity of participants of the proceeding on a case and check the
powers of legal representatives of an individual or representatives of legal entity,
defence attorney;
4) clarify the reasons of non-appearance of participants of the proceeding on a
case and adopt decision on consideration of a case in the absence of mentioned persons
or on postponement of consideration of the case;
5) issue a ruling in necessary cases on bringing of a person the participation of
which is compulsory during consideration of a case, shall appoint an interpreter;
6) explain the rights and obligations to the persons participating in
consideration of a case, including the right to receive a gratuitous legal assistance on
account of the funds of state budget;
7) determine the language of proceeding, shall explain the right to make
statements, to give explanations and testimony, to present petitions, to deliver
complaints, to familiarize with case materials, to speak during its consideration in
native or other language that is known by the person in respect of whom the proceeding
is conducted, to enjoy the services of an interpreter on a free basis;
8) permit the challenges and filed petitions;
9) announce a protocol on administrative infraction, and in case of necessity –
other case materials;
10) hear explanations of a person in respect of whom the proceeding on a case is
conducted, testimony of other persons participating in the proceeding, clarifications of
a specialist and opinion of an expert, shall examine the other evidences, and in case of
participation of a prosecutor in consideration of the case, shall hear his (her)
opinion;
11) issue a ruling on postponement of consideration of a case due to: application
on recusation or challenge of a judge or civil servant considering the case, in case if
his (her) challenge precludes consideration of the case in essence; challenge of a
defence attorney, authorized representative, expert or interpreter, if the mentioned
challenge precludes consideration of the case in essence; necessity of appearance of the
persons participating in consideration of the case, or demand of additional case
materials, as well as in cases provided by a part two of article 51 of this Code. In
case of necessity, the judge or body (civil servant) shall issue a ruling on assignment
of examination;
12) issue a ruling on transfer of a case for consideration in essence in cases
provided by Article 816 of this Code.
2. Upon establishment of the fact of contempt of court from the side of a person
attending the process directly in the course of judicial proceeding, the presiding judge
shall have the right to issue a decree after declaring the fact on imposition of
administrative sanction on a guilty person provided by Article 653 of this Code without
compliance with the requirements of subparagraphs 2), 4), 9) and 12) of part one of this
Article.
The case on the fact of contempt of court from the side of person attending the
process established in the course of judicial proceeding shall be considered by a judge
(court) directly at the same court session with establishment and recording of this fact
in a protocol of a court session.
3. In case of participation of a civil servant that initiated a case on
administrative infraction in consideration of the case, or a chairman of the state body
whose representatives have the right to initiated cases on administrative infractions,
they first shall represent explanations in essence of an infraction and proofs of
guiltiness of a person in its commission.
4. In necessary cases, the other procedural actions provided by this Code shall be
carried out.
Article 819. Circumstances subjected to clarification upon
consideration of a case on administrative infraction
1. Upon consideration of a case on administrative infraction, the judge, body
(civil servant) shall be obliged to clarify if the administrative infraction was
committed, if this person is guilty of its commission, if it is subjected to
administrative liability, are there any circumstances mitigating or aggravating
administrative liability, if the material damage is inflicted, as well as to clarify
other circumstances having significance for a proper solution of a case.
2. Upon establishment of circumstances mitigating liability, the judge, body
(civil servant) shall have the right to reduce a sum of administrative fine imposed on
an individual in respect of whom the case on administrative infraction is initiated, but
no more than thirty percent of total fine amount.
Article 820. Protocol of a court session 1. The protocol shall be kept in a court session of the court of first instance.
If the person in respect of whom the administrative infraction proceeding is conducted,
makes full admission of his (her) guiltiness upon consideration of a case on
administrative infraction, does not apply on necessity to examine evidences, the keeping
of a protocol is not mandatory. By this, upon consideration of a case according to the
rules provided for the court of first instance, the court of superior instances shall
keep the protocol of a court session in cases of necessity of examining additional
materials having significance for a proper solution of the case, received expert
opinions, of interrogation of the persons summoned at session, as well as at own
initiative or upon petition of a person in respect of whom the administrative infraction
proceeding is conducted.
2. The protocol of a court session shall contain:
1) place and date of a session, time of its beginning and completion;
2) details of a person in respect of whom the case is considered: for individuals
– last name, first name, patronymic (when available), date of birth, place of residence,
name and requisite elements of a document certifying identity, identification number,
details on registration at the place of residence, place of work; for legal entities –
name, legal organizational form, location, number and date of the state registration as
a legal entity, identification number and bank details;
3) language of a proceeding on a considered case;
4) event of a considered case on administrative infraction;
5) position, last name, initials of a judge, secretary of a court cession;
6) details on appearance of persons participating in consideration of a case, on
notifying absent persons in established manner;
7) the course of a court session;
8) challenges, petitions and results of their consideration;
9) explanation of the rights and obligations to participants of the administrative
infraction proceeding;
10) content of explanations, questions and answers, speeches of participants of a
court session;
11) considered materials and documents;
12) indication to decrees issued in the course of a court session, court decision
on a case on administrative infraction, explanation of the term and procedure for its
appealing;
13) familiarization with a protocol of a court session and explanation of the term
for filing remarks on it.
3. The protocol shall be drawn up, signed by a judge and secretary of a court
session no later than five days from the date of consideration of the case.
4. The judge shall be obliged to ensure a possibility to familiarize with a
protocol of a court session to a person in respect of whom the administrative infraction
proceeding is conducted, to other participants of the administrative infraction
proceeding.
5. The participants of the administrative infraction proceeding shall have the
right to represent own remarks in respect of fullness and credibility of drawing up the
protocol of a court session within five days after its signing.
6. Remarks on the protocol of a court session shall be considered by a judge
within five days from the date of their filing.
7. The judge shall issue a reasoned decree on acceptance or denying of remarks on
the protocol of a court session. The decree and remarks on the protocol of a court
session shall be attached to the protocol of a court session.
Article 821. Types of decisions based on the results of
consideration of a case on administrative infraction 1. After consideration of a case on administrative infraction, the judge, body
(civil servant) shall issue one of the following decrees:
1) on imposition of administrative sanction;
2) on termination of the proceeding on a case;
3) on transfer of a case for consideration of a judge, body (civil servant)
legally competent to impose a sanction of the same type or amount for this
administrative infraction, as well as on transfer of a case for consideration at the
place of registration of a transport vehicle (vessel, small size vessel) in the cases
provided by Article 812 of this Code.
2. After recognition of a legal evaluation of illegal acts as incorrect in results
of consideration of a case, the judge, body (civil servant) shall have the right to
change classification of an infraction to Article of the Law providing less severe
administrative sanction.
3. Upon referral of a driver of a transport vehicle to pass the exam for testing
of knowledge of the road traffic rules, the decree on referral for testing of knowledge
of the road traffic rules, the copy of which is issued to a person referred to pass the
exam, shall be issued.
4. In case of establishment of signs of administrative infraction in the actions
of a person in respect of whom the case is considered, provided by other Article or part
of Article of the Special part of section 2 of this Code, the court shall have the right
to change a classification of the infraction to Article or part of Article of the Law
providing less severe administrative sanction.
5. Decree on termination of the proceeding on a case shall be issued in the cases
of:
1) existence of circumstances excluding the proceeding on a case provided by
Article 741 of this Code;
2) existence of circumstances that allow not to bring to administrative liability
provided by Article 742 of this Code;
3) transfer of case materials to the relevant bodies for solution of the issue on
bringing of a person to disciplinary liability in accordance with Article 32 of this
Code.
Article 822. Decree on a case on administrative infraction 1. Decree on a case on administrative infraction shall contain:
1) position, last name, initials of a judge, civil servant that issued decree;
2) date and place of consideration of a case;
3) details on a person in respect of whom the case is considered: for individuals
– last name, first name, patronymic (when available), date of birth, place of residence,
name and requisite elements of a document certifying identity, identification number,
details on registration at the place of residence, place of work; for legal entities –
name, legal organizational form, location, number and date of the state registration as
a legal entity, identification number and bank details;
4) language of a proceeding on a considered case;
5) Article of this Code providing liability for administrative infraction;
6) circumstances established upon consideration of a case;
7) decision on a case;
8) procedure and terms for appealing decree;
9) terms of voluntary payment of fine or execution of another type of
administrative sanction.
2. Decree on a case on administrative infraction shall be lawful and reasoned.
If upon solution of an issue on imposition of sanction for administrative
infraction, the judge decides the issue on compensation of property damage by a guilty
person, the decree shall contain the extent of damage subjected to recovery, term and
procedure for its compensation.
Upon delivery of decision on administrative expulsion beyond the Republic of
Kazakhstan, the reasonable term within which a foreign person or stateless person should
leave the territory of the Republic of Kazakhstan shall be stated.
3. In decree on a case on administrative infraction, the issues on withdrawn
things and documents being in possession of an individual, on withdrawn documents and
property belonging to a legal entity shall be resolved, by this:
1) the subjects that are the tools or subjects for commission of an administrative
infraction and belonging to an individual or legal entity brought to administrative
liability, in cases provided by the sanctions of the rules of the Special part of
section 2 of this Code shall be confiscated or transferred to the relevant institutions
or destructed; in other cases shall be returned to whom it may concern;
2) things prohibited to circulation shall be transferred to the relevant
institutions or shall be destructed;
3) things of no value and that may not be used shall be subject to destruction,
and in cases of petitions of interested persons may be issued to them;
4) documents that are material evidences shall remain in a case within entire term
of its storage or shall be transferred to interested persons.
4. Decree on a case on administrative infraction shall be signed by a judge, civil
servant that issued the decree.
Article 823. Announcement of a decree on a case on
administrative infraction and delivery of copy of the decree
1. Decree on a case on administrative infraction shall be announced immediately
upon completion of consideration of the case.
2. Copy of decree shall be delivered and (or) sent within three days from the date
of its announcement to an individual or representative of legal entity in respect of
whom the decree is issued on a case on administrative infraction, as well as to an
injured party, legal representative of individual, authorized body (civil servant) that
initiated the case on administrative infraction.
In case of issuance of a decree on administrative infraction, as well as on
termination of the proceeding on a case, the copy of decree shall be directed to a
prosecutor without delay.
3. On cases on administrative infractions provided by Article 436 and 484 of this
Code, in respect of a person to whom the firearms, as well as ammunition are entrusted
due to performance of employment duties or are transferred in temporary use by an
organization, the copy of decree shall be directed to the relevant organization.
Footnote. Article 823as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 824. Determination on a case on administrative
infraction Determination on a case on administrative infraction shall contain details
provided by a part one of Article 822 of this Code, with the exception of term and
procedure for appeal.
Article 825. Correction of slips, clerical mistakes and
arithmetic errors
1. The judge, body (civil servant) that issued a decree on a case on
administrative infraction, upon application of participants of the proceeding on a case,
officer of justice, body (civil servant) executing the decree on a case on
administrative infraction, or at own initiative, shall have the right to correct slips,
clerical mistakes and arithmetic errors made in a decree without change of content of
the decree.
2. Correction of slips, clerical mistakes and arithmetic errors in a decree
adopted on the basis of results of consideration of complaints, protests against the
decree on a case on administrative infraction shall be carried out in the manner
established by this Article.
3. Consideration of an application on correction of slips, clerical mistakes and
arithmetic errors shall be carried out within three days from the date of receipt of the
application.
4. Correction of a slip, clerical mistake or arithmetic error shall be carried out
in the form of a ruling.
5. Copy of a ruling shall be directed to participants of a proceeding on a case,
officer of justice, body (civil servant) executing decrees, as well as to body (civil
servant) that drew up a protocol on administrative infraction within three days from the
date of its issuance.
Article 826. Private decree and representation
1. Upon detection of cases of violation of legality, as well as establishment of
the reasons and conditions promoting commission of administrative infractions, the judge
shall issue a private decree, as well as the body (civil servant) shall make a
submission to the relevant organization and civil servants on taking of measures on
their elimination.
Submission of a body (civil servant) may be appealed in a specialized district and
equated administrative court within ten days from the date of its receipt. Private
decree of court may be appealed within ten days from the date of its receipt in a
superior court, the decision of which is not subject to appeal, protest.
2. Heads of organizations and other civil servants shall be obliged to consider a
private decree and submission within a month from the date of its receipt and inform a
judge that issued the private decree, or body (civil servant) that issued the submission
on taken measures.
Chapter 44. APPEAL OF ACTIONS (OMISSION) OF A BODY
(CIVIL SERVANT) CARRYING OUT THE ADMINISTRATIVE
INFRACTION PROCEEDING
Article 827. Procedure for filing a complaint
1. The actions (omission) of a body (civil servant) carrying out the
administrative infraction proceeding may be appealed in a superior body (civil servant)
and (or) specialized district and equated administrative court. Preliminary referral to
a superior body (civil servant) is not compulsory condition for filing an application in
court and its acceptance for consideration and solution in essence by the court.
2. Complaints shall be filed to the same body or to the same person that are
authorized by the Law to consider the complaints and take decisions according to them.
The instruction to the civil servant to consider a complaint, the action
(omission) of which is appealed, shall be prohibited.
3. Complaints may be oral and written. Oral complaints shall be entered in a
protocol which shall be signed by an applicant and civil servant that accepted the
complaint. Oral complaints set out by persons at reception of the relevant civil
servants shall be solved on a common basis with the complaints represented in written
form. The complaint may be accompanied by additional materials.
4. The person that does not speak the language in which the proceeding on a case
is conducted, shall be ensured by the right to file a complaint in native language or
language that he (she) can speak.
5. The person that filed a complaint shall have the right to withdraw it. The
person in respect of whom a case is initiated, injured party shall have the right to
withdraw a complaint of own defence attorney, representative, except for legal
representative. The complaint filed in behalf of a person in respect of whom a case is
initiated may be withdrawn only with their written consent. Withdrawal of a complaint
shall not preclude its repeated filing.
6. Filing of a complaint shall not suspend proceeding of appealed action and
execution of appealed decision.
Note. If there are no specialized interdistrict administrative court in a
territory of the relevant administrative territorial entity, the district (city) courts
shall have the right to consider the cases related to their jurisdiction.
Article 828. Term for filing a complaint 1. The person shall have the right to refer to superior body (civil servant) and
(or) to court with a complaint within two months from the date when he (she) became
known on violation of his (her) rights, freedoms and legal interests.
2. Omission of the term for filing of a complaint shall not be the ground for
refusal in acceptance of the complaint. The reasons for omission of the term shall be
clarified upon consideration of a complaint in essence and may be one of the grounds for
refusal in satisfying the complaint.
Article 829. Procedure for consideration of a complaint 1. During consideration of a complaint, the judge or body (civil servant) shall be
obliged to check the arguments set out in it comprehensively, upon necessity to demand
additional materials, receive explanations from the relevant civil servants, individuals
and legal entities in respect of appealed actions.
2. The complaint shall be subject to consideration within ten days from the date
of acceptance. Based on the results of consideration of a complaint, the decree on
satisfying the complaint or on refusal from its satisfaction shall be adopted.
Decree on refusal from satisfaction of a complaint shall be subject to appeal
within ten days from the date of receipt of a copy of the decree of a body (civil
servant in a specialized district and equated administrative court, the decree of a
court – in a superior court the decision of which shall not be subject to appeal,
protest.
3. Copy of decree shall be delivered to an individual or representative of legal
entity without delay, and in case of absence of these persons – shall be delivered to
them within one day from the date of issuance of the decree.
4. The body (civil servant) or judge considering a complaint, shall be obliged to
take measures within the competence without delay to restore violated rights and legal
interests of participants of the administrative infraction proceeding, as well as other
persons.
Chapter 45. REVIEW OF DECREES ON CASES ON ADMINISTRATIVE
INFRACTIONS THAT DID NOT ENTER INTO LEGAL FORCE
UNDER APPEAL PROCEDURE
Article 830. Right to appeal, protest a decree on a case
on administrative infraction 1. Decree on a case on administrative infraction may be appealed by persons
mentioned in Articles 744, 745, 746, 747 and 748 of this Code, as well as may be
protested by a prosecutor.
2. Decree of a judge of specialized district and equated administrative court and
juvenile court on imposition of administrative sanction may be appealed, protested in a
superior court.
3. Decree on a case of the fact of contempt of court issued by a judge (court) in
the procedure of part two of Article 818 of this Code may be appealed, protested in a
court of superior instance. The resolutions of the Supreme Court bench issued at the
court session on a case of the fact of contempt of court shall not be subject to review.
4. Decree on a case on administrative infraction issued by a body (civil servant)
may be appealed, protested in a superior body (civil servant) or in specialized district
and equated administrative court and juvenile court at the location of the body (civil
servant).
5. Preliminary referral of persons mentioned in Articles 744, 745, 746, 747 and
748 of this Code to a superior body (civil servant) is not compulsory condition for
filing a complaint in court and its acceptance by the court for consideration and
solution in essence.
Article 831. Procedure for appeal, protest of decree on a case
on administrative infraction
1. Complaint to a decree on a case on administrative infraction shall be directed
to a judge, body (civil servant) that issued the decree on a case that within three days
from the date of receipt of the complaint, protest shall be obliged to direct them with
all case materials to the relevant court, superior body (civil servant).
2. In case of appeal, protest of a decree on a case of the fact of contempt of
court in accordance with a part three of Article 830 of this Code, the court shall
enclose the decree by an extract from the protocol of court session in a part of
establishment of the fact.
3. The complaint may be filed, and the protest may be entered directly in a court,
superior body (civil servant) that are authorized to consider them.
4. The complaint, protest of a decree of a judge on imposition of sanction in the
form of administrative arrest shall be subject to direction to a superior court on a
date of receipt of the complaint, protest.
5. If consideration of a complaint, protest does not relate to the competence of a
judge to whom a decree on a case on administrative infraction is appealed, protested,
the complaint, protest shall be directed according to jurisdiction.
Article 832. Term for appeal, protest of a decree on a case
on administrative infraction
1. Complaint, protest to a decree on a case on administrative infraction may be
filed within ten days from the date of delivery of a copy of decree, and in case if the
persons mentioned in Articles 744, 745, 746, 747 and 748 of this Code did not
participate in consideration of the case – from the date of its receipt.
2. Complaint, protest to a decree on a case on administrative infraction issued
due to failure to fulfill or improper fulfillment of tax obligation established by the
Tax Code of the Republic of Kazakhstan, or the obligations provided by the legislation
of the Republic of Kazakhstan on pension benefits and on compulsory social insurance,
detected no the basis of the results of tax inspection, may be filed within thirty days
from the date of delivery or receipt of a copy of decree.
3. In case if the decree on a case on administrative infraction is appealed,
protested in a superior body (civil servant), the term provided by a part one of this
Article shall be calculated from the date of receipt by persons mentioned in Articles
744, 745, 746, 747 and 748 of this Code, the copies of decision with regard to complaint
(protest).
4. In case of omission of the term mentioned in a part one of this Article for a
valid reason, this term may be restored upon application of a person in respect of whom
the decree is issued by a court, body (civil servant) legally competent to consider a
complaint.
Article 833. Content of a complaint (protest) 1. The complaint (protest) shall be filed in written form and it shall contain:
1) name of a court, superior body (civil servant) to which the complaint is filed;
2) last name, first name and patronymic (when available) (precise name of a legal
entity), place of permanent residence or location (mail address) of an applicant of
complaint or protest;
3) name of a body or institution or last name and position of a civil servant to
the regulatory act or action of whom the protest is filed;
4) content of appealed or protested regulatory act or action, as well as the
reasons by which the applicant of complaint or protest considers the regulatory act or
actions violating his (her) rights and freedoms;
5) clearly worded petition of an applicant of complaint or protest.
2. The complaint or protest shall be signed by an applicant. The complaint being
filed in behalf of a legal entity shall be signed by his (her) representative or other
authorized person.
3. If the complaint or protest is filed in behalf of another person, the first
name and last name, place of permanent residence or location (mail address) of a person
in behalf of whom the complaint or protest is filed, shall be stated in there. The
complaint shall be accompanied by a document certifying the powers.
4. The complaint or protest shall be filed in two copies accompanied by copy of
appealed or protested legal act issued by a court, body (civil servant), as well as
other documents for substantiation of the arguments raised in the complaint or protest.
5. In case, if delivered complaint or protest do not conform to the requirements
provided by a part one of this Article, they shall be considered as delivered, but shall
be returned with specification of the term for completion. If within the specified term,
the complaint, protest are not represented in court, body (civil servant) after repeated
lodging, they shall be considered unfiled.
Article 834. Suspension of execution of a decree due to filing
of a complaint or lodging a protest 1. Filing of a complaint within established term shall suspend the execution of a
decree on imposition of administrative infraction until consideration of the complaint.
2. The prosecutor shall have the right to suspend the execution of a decree on
imposition of administrative sanction for a period of monitoring of its legality, give
written instructions to authorized civil servants and bodies (except for court) on
proceeding of additional monitoring. Based on the results of monitoring, the prosecutor
shall lodge a protest to the relevant body on repeal or change of the decree or cancel
the suspension of execution of the decree.
3. Lodging of a protest by a prosecutor shall suspend the execution of a decree
until consideration of the protest.
Article 835. Terms of consideration of a complaint, protest to
a decree on a case on administrative infraction 1. The complaint, protest to a decree on a case on administrative infraction shall
be subject to consideration within ten days from the date of their receipt.
2. The complaint, protest to a decree on administrative arrest, if the person
brought to liability serves administrative arrest, shall be subject to consideration
within one day from the date of filing of the complaint or protest.
3. In case of receipt of petitions from participants of the proceeding on a case
on administrative infraction or upon necessity of additional clarification of
circumstances of the case, the term for consideration of a complaint, protest may be
extended by a superior judge, superior body (civil servant) considering the case, but no
more than ten days. The court, body (civil servant) shall be obliged to suspend the term
for consideration of a complaint (protest) upon impossibility of its consideration until
solution of another case considered in a civil, criminal or administrative judicial
proceeding. Upon extension of a term, the reasoned ruling shall be issued.
Article 836. Sole consideration of a complaint, protest to
a decree on a case on administrative infraction by a judge of
superior court, head of superior body or his (her) deputy The complaint, protest to a decree of a judge of specialized district and equated
administrative court and juvenile court, body (civil servant) on a case on
administrative infraction shall be considered at sole discretion of a judge of superior
body, superior civil servant or head (deputy head) of superior body.
The complaint, protest to a decree of court on a case of the fact of contempt of
court issued by a judge (court) in the manner provided by a part two of article 818 of
this Code, shall be considered at sole discretion of a judge of superior court, and in
case of issuance of such decree by a court of appeal or cassation instance – shall be
considered by judicial bench of superior instance.
Article 837. Preparation to consideration of a complaint,
protest to a decree on a case on administrative infraction
Upon preparation to consideration of a complaint, protest to a decree on a case on
administrative infraction, the judge, superior body (civil servant) shall:
1) clarify, are there circumstances excluding the proceeding on a case;
2) permit petitions, demand additional materials, summon persons the participation
of which is recognized necessary for consideration of a complaint, protest; the judge
shall assign examination in case of necessity;
3) if consideration of a complaint, protest does not relate to their competence,
shall direct them with all case materials according to jurisdiction.
Article 838. Consideration of a complaint, protest to a decree
on a case on administrative infraction
1. The judge, superior body (civil servant) after beginning of considering a
complaint, protest to a decree on a case on administrative infraction, shall:
1) announce, who considers a complaint, protest; which complaint, protest is
subject to consideration; who filed the complaint, protest;
2) be ascertain in attendance of an individual or representative of legal entity
in respect of whom the decree on a case is issued, as well as persons summoned for
participation in consideration of a complaint, protest;
3) verify the powers of representatives of an individual or legal entity, defence
attorney and representative;
4) clarify the reasons of non-appearance of participants of the proceeding on a
case and adopt decision on consideration of a complaint, protest in their absence or on
postponement of consideration of the complaint, protest;
5) explain the rights and obligations to the persons participating in
consideration of a complaint, protest;
6) solve challenges and filed petitions;
7) read a complaint, protest to a decree on a case on administrative infraction,
and other case materials in case of necessity.
2. Upon consideration of a complaint, protest to a decree on a case on
administrative infraction, the legality and substantiation of the issued decree shall be
verified according to available and additionally represented materials. The judge,
superior body (civil servant) are not linked with arguments of a complaint, protest and
shall verify the case in a full measure, by this, they shall have the right to establish
new facts and examine new evidences.
3. The judge, superior body (civil servant) shall have the right to postpone
consideration of a complaint, protest due to non-attendance of summoned persons, demand
of additional case materials, assignment of examination and in other cases when it is
necessary for full, comprehensive and objective consideration of the complaint, protest.
4. If the complaint to a decree on a case on administrative infraction is received
by a court and superior body (civil servant) at the same time, the complaint shall be
considered by the court.
Article 893. Solution of a complaint, protest to a decree
on a case on administrative infraction
1. After consideration of a complain, protest to a decree on a case on
administrative infraction, the judge, superior body (civil servant) shall adopt one of
the following decisions:
1) on leaving the decree unchanged, and the complaints, protest – without
satisfaction;
2) on change of the decree;
3) on repeal of the decree and termination of a case in existence of circumstances
provided by Articles 741 and 742 of this Code, as well as in case of lack of evidentiary
support of evidences on the basis of which the decree was issued;
4) on repeal of the decree and issuance of new decree on a case;
5) on repeal of the decree and transfer of the case for consideration according to
jurisdiction, if during consideration of the complaint, protest it is established that
the decree was issued by incompetent judge, body (civil servant).
2. Following the results of consideration of a complaint, protest, the decision
shall be issued in the form of a decree on the complaint, protest to a decree on a case.
The decree shall contain the details mentioned in a part one of Article 822 of this
Code.
3. The decree of a judge of superior court with regard to complaint, protest to a
decree of a judge of specialized district and equated administrative court and juvenile
court, as well as the decree of a judge issued in case provided by subparagraph 5) of
part one of this Article may be protested in the manner provided by chapter 46 of this
Code. The decree of superior body (civil servant) with regard to complaint, protest to a
decree on a case on administrative infraction may be appealed, protested in court in the
manner established by this Code.
Article 840. Grounds for repeal or change of a decree on
a case on administrative infraction The grounds for repeal or change of a decree on a case on administrative
infraction and issuance of the decree are:
1) non-conformance of summaries of a judge, body (civil servant) on actual
circumstances of a case set out in a decree on a case on administrative infraction,
examined evidences during consideration of a complaint, protest;
2) incorrect application of the Law on administrative liability;
3) essential violation of the procedural rules of this Code;
4) non-conformance of administrative sanction imposed by the decree to a nature of
committed infraction, identity of a guilty person or property status of a legal entity.
Article 841. Non-conformance of summaries of a judge, body
(civil servant) on actual circumstances of a case set out in a
decree on a case on administrative infraction, examined
evidences during consideration of a complaint, protest
1. After establishment that the summaries on actual circumstances of a case set
out in a decree on a case on administrative infraction do not conform to the evidences
examined during consideration of a complaint, protest, the judge, superior body (civil
servant) shall repeal this decree in full or in part and shall issue new decree in
accordance with the results of consideration of the complaint, protest.
2. During evaluation of the evidences examined during consideration of a
complaint, protest, the judge, superior body (civil servant) shall have the right to
recognize the facts proved that were not established by a decree on a case on
administrative infraction or were not taken into account by a judge, body (civil
servant) that issued the decree.
Article 842. Incorrect application of the Law on
administrative liability 1. Incorrect application of the Law on administrative liability is:
1) violation of the requirements of section 1 and the Common pat of section 2 of
this Code;
2) application of wrong Article or part of Article of the Special part of section
2 of this Code that were subject to application;
3) imposition of more severe administrative sanction that it is provided by a
sanction of the relevant Article of the Special part of section 2 of this Code.
2. After recognition of a legal evaluation of illegal acts as incorrect in results
of consideration of a complaint, protest, the judge, superior body (civil servant) shall
have the right to change classification of an infraction to Article of the Law providing
less severe administrative sanction.
3. Based on the results of consideration of a complaint, protest, the judge,
superior body (civil servant) shall have the right to apply the Law providing more
severe administrative sanction or impose more severe administrative sanction only in
case when on these grounds the complaint was filed by an injured party or the protest –
by a prosecutor.
Article 843. Substantial violation of procedural rules
of this Code
1. Substantial violations of procedural rules of this Code are the violations of
principles and other general provisions of this Code during proceeding on a case and its
consideration by deprivation or impairment of the rights guaranteed by the Law of the
persons participating in the case, non-compliance with the procedure for the
administrative infraction proceeding or otherwise impeded comprehensive, full and
objective examination of circumstances of a case, influenced or might influence on
issuance of legal and reasonable decree.
2. The decree shall be subject to repeal when one-sidedness or incompleteness of
the proceeding on a case are the result of wrong exclusion of available evidences from
examination or unreasonable refusal in examination of evidences that may have a
significance for a case; failure to examine evidences subjected to compulsory
examination.
3. The decree shall be subject to repeal at least if:
1) in existence of grounds provided by Articles 741 and 742 of this Code, the
proceeding on a case was not terminated;
2) the decree is issued by a judge, body (civil servant) not authorized to
consider the cases on administrative infractions;
3) the case is considered without participation of a defence attorney, when his
(her) participation is compulsory in accordance with the Law, or the right of a person
in respect of whom the proceeding on a case is conducted to have the defence attorney is
violated by other means;
4) the right of a person in respect of whom the proceeding on a case is conducted
to use native language or language that he (she) can speak, and services of an
interpreter is violated;
5) the person in respect of whom the proceeding on a case is conducted is not
provided by the right to five explanations on circumstances of a case;
6) the decree is not signed by any of the persons mentioned in a part four of
Article 822 of this Code.
4. After establishment that upon consideration of a case on administrative
infraction the violation of procedural rules mentioned in subparagraph 1) of part three
of this Article is committed, the judge, superior body (civil servant) shall repeal the
decree and terminate the proceeding on a case.
5. If upon consideration of a case on administrative infraction, any other
substantial violation of procedural rules was committed, the judge, superior body (civil
servant) shall conduct consideration of the case taking into account the measures for
elimination of committed violation, repeal decree respectively of a judge of the
relevant specialized district and equated administrative court and juvenile court,
inferior body (civil servant) and shall issue new decree taking into consideration the
results of considering the case.
Article 844. Non-conformance of administrative sanction
imposed by a decree to the character of committed infraction,
identity of a guilty person or property financial status
of a legal entity
1. After recognition of administrative sanction imposed by a decree as unfair due
to its excessive severity that does not conform to the character of committed
infraction, identity of a guilty person or property status of a legal entity, the judge,
superior body (civil servant) shall mitigate the sanction being governed by general
rules of imposition of the administrative sanction.
2. The judge, superior body (civil servant) may impose more severe sanction on a
guilty person that was determined by the decree on a case on administrative infraction,
but only in the cases when the protest of a prosecutor was delivered or when the
complaint of an injured party was filed.
Article 845. Repeal or change of a decree on termination
of a proceeding on case 1. The decree on termination of a proceeding on case may be repealed by a judge,
superior body (civil servant) with issuance of the decree on imposition of
administrative sanction not otherwise than according to the complaint of an injured
party or according to the protest of a prosecutor to inconsistency of termination of the
proceeding on case.
2. The decree on termination of the proceeding on case may be changed in a part of
the grounds for termination according to the complaint of a person in respect of whom
the proceeding on case is terminated.
Article 846. Announcement of a decree according to complaint,
protest to the decree on a case on administrative infraction
1. The decree with regard to complaint, protest to the decree on a case on
administrative infraction shall be announced immediately after its issuance.
2. Copy of the decree with regard complaint, protest to the decree on a case on
administrative infraction shall be issued or sent to an individual or representative of
legal entity in respect of which the decree on a case was issued, to an injured party in
case of filing of the complaint by him (her), on upon his (her) request, to a prosecutor
that lodged a protest, within the term up to three days after its issuance.
3. The decree with regard to complaint, protest to the decree on a case on
administrative arrest shall be brought to the notice of a body (civil servant) executing
the decree, as well as of a person in respect of whom it is issued – on a date of
issuance of the decree.
Chapter 46. REVIEW OF DECREES ENTERED INTO LEGAL FORCE ON
CASES ON ADMINISTRATIVE INFRACTIONS AND DECREES BASED ON
RESULTS OF CONSIDERATION OF COMPLAINTS, PROTESTS TO THEM
Article 847. Cassational procedure for review of decrees on
cases on administrative infractions entered into legal force
and decrees based on results of consideration of
complaints, protests to them 1. Regarding the protest or complaint of persons mentioned in parts one and two of
Article 849 of this Code, the review of decrees on cases on administrative infractions,
decrees of the court on the complaint, protest to them entered into legal force under
cassational procedure is possible.
2. Cassational complaint or protest to the decrees on cases on administrative
infractions, the decrees with regard to complaint, protest to them may be filed within
six months from the date of announcement of the decree to the side aggravating the
position of a person brought to administrative liability, or a person in respect of whom
the administrative proceeding is terminated. In case of omission of the term by
reasonable excuses, this term may be restored by a court legally competent to consider
the complaint.
3. Cassational complaint, protest to the decrees on cases on administrative
infractions, the decrees of the court with regard to complaint, protest to them shall be
considered by oblast and equated court in composition of no less than three judges
within ten days from the date of their receipt.
4. Cassational complaint, protest to the decrees on cases on administrative
infractions, the decrees of the court with regard to complaint, protest to them shall
conform to the requirements mentioned in Article 833 of this Code.
5. Procedure for preparation for consideration, consideration and adoption of a
decision on cassational complaint, protest to the decrees on cases on administrative
infractions, the decrees of court with regard to complaint, protest to them shall be
carried out in the manner provided by chapter 45 of this Code.
6. Judicial acts of cassational instance shall be issued in the form of decrees
and shall contain the details mentioned in a part one of Article 822 of this Code.
7. The court of cassational instance shall verify legality and substantiation of
decrees on cases on administrative infractions, decrees with regard to complaints,
protests to them.
Article 848. Procedure and arguments for evocation of cases and
consideration of petitions on lodging of a protest to judicial
acts entered into legal force 1. The case on administrative infraction may be evocated from the relevant court
for verification in the manner of supervision by the General Prosecutor of the Republic
of Kazakhstan, his (her) deputies, prosecutors of oblasts and equated prosecutors.
2. The arguments for evocation of cases are the petitions of persons mentioned in
a part two of Article 849 of this Code, and equally the initiative of prosecutors
mentioned in a part one of Article 849 of this Code within the competence.
3. Request of a prosecutor on evocation of a case shall be executed by a court no
later than seven days from the date of its receipt in court.
4. In case of evocation of a case, the petition on lodging of a supervisory
protest shall be subject to consideration by a prosecutor within thirty days from the
date of receipt of the case in a prosecutor’s office.
5. The petition on lodging of a supervisory protest issued to the General
Prosecutor’s office of the Republic of Kazakhstan, shall contain:
1) name of a civil servant to whom the petition is addressed;
2) name of a person lodging the petition; his (her) place of residence or location
and procedural position in a case;
3) indication to courts considering a case in the first, appeal and cassational
instances, and content of decisions adopted by them;
4) indication to the decree of court that is proposed to be protested;
5) indication on what is the substantial violation of the rules of material or
procedural law and that is the request of the person filing the petition.
6. The petition shall be signed by a person filing the petition, or by his (her)
representative. The petition signed by a representative shall be accompanied by power of
attorney or another document certifying the powers of the representative.
7. The petition shall be accompanied by copies of the decree issued on a case
attested by a court.
8. The petition shall be subject to return to persons that filed them in case of
its non-conformance to requirements of parts five, six and seven of this Article.
Footnote. Article 848 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 849. Lodging of a protest, filing of complaint to
decrees on cases on administrative infractions and decrees on
results of consideration of the complaint, protest to them 1. The right of lodging of a protest to decrees that entered into legal force and
decrees mentioned in Article 847 of this Code, shall belong to the General Prosecutor,
his (her) deputies, prosecutors of oblasts and equated prosecutors.
2. The person brought to administrative liability, the injured party, defence
attorneys, legal representatives and representatives of mentioned persons shall have the
right to file a complaint on review of the decrees entered into legal force mentioned in
Article 847 of this Code.
Article 850. Suspension of execution of a decree on imposition
of administrative sanction Lodging of a protest to decrees entered into legal force mentioned in Article 849
of this Code shall suspend the execution of these decrees.
Article 851. Exceptional (supervisory) procedure for review of
decrees entered into legal force on cases on administrative
infractions and decrees based on results of consideration of
complaints, protests to them
1. Supervisory judicial board on civil and administrative cases of the Supreme
Court of the Republic of Kazakhstan in case of compliance with cassational procedure of
appealing on a protest of the General Prosecutor of the Republic of Kazakhstan and his
(her) deputies shall have the right to verify legality and substantiation of the decree
that entered into legal force on any case on administrative infraction, and equally
decrees based on results of consideration of a complaint, protest to the decree and
review adopted decision within thirty days from the date of receipt of the protest. The
decrees of the board of the Supreme Court shall enter into legal force from the date of
their adoption.
2. Review by a court to the side aggravating position of a person brought to
administrative liability, or a person in respect of whom the administrative proceeding
is terminated, shall be admitted within a year from the date of entering of decree of
court or authorized state body into legal force.
3. The protest to decrees on cases on administrative infractions, the decree of
court with regard to complaint, protest to them shall conform to requirements mentioned
in Article 833 of this Code.
Chapter 47. REVIEW OF DECREES ON CASES ON ADMINISTRATIVE
INFRACTIONS THAT ENTERED INTO LEGAL FORCE AND DECREES
BASED ON RESULTS OF CONSIDERATION OF COMPLAINTS, PROTESTS
TO THEM ON NEWLY DISCOVERED CIRCUMSTANCES
Article 852. Grounds of review
1. The decrees on cases on administrative infractions and the decrees based on
results of consideration of complaints, protests may be reviewed on newly discovered
circumstances.
2. The grounds for review of decrees on newly discovered circumstances are:
1) circumstances essential for a case that were not and might not be known by an
offender, injured party;
2) knowingly false evidences of a witness, knowingly false opinion of an expert,
knowingly incorrect interpretation, forgery of a protocol on administrative infraction,
of documents or material evidences that entailed issuance of illegal or unreasonable
decree, established by the court verdict that entered into legal force;
3) criminal actions of participants of a proceeding on cases on administrative
infractions, of other persons participating in a case, or their representatives or
criminal actions of judges, authorized bodies (civil servant) committed during
consideration of this case, established by the court verdict that entered into legal
force;
4) revocation of a decision, verdict, ruling or decree of court or legal act of
another state body (civil servant) that served as the ground for issuance of this
decree;
5) recognition of the Law or another regulatory legal act as unconstitutional by
the Constitutional Council of the Republic of Kazakhstan that was applied in this case
on administrative infraction.
Article 853. Courts, authorized bodies (civil servants)
reviewing decrees on cases on administrative infractions and
decrees based on results of consideration of complaints,
protests to them on newly discovered circumstances The decree that entered into legal force shall be reviewed on newly discovered
circumstances by a court, authorized body (civil servant) that issued this decision.
In case of review of the decree of a body (civil servant) by a court and leaving
it unchanged, the review on newly discovered circumstances shall be carried out by the
court that issued this decision.
Article 854. Filing of application
1. The application on review of a decree on newly discovered circumstances shall
be filed by a person brought to administrative liability, by an injured party or their
legal representatives, or a prosecutor in court, body (civil servant) that issued the
decree.
2. The persons mentioned in a part one of this Article may file an application on
review of decree on newly discovered circumstances within three months from the date of
establishment of circumstances serving as the ground for review.
Article 855. Forma and content of application
1. The application on review of decree on newly discovered circumstances shall be
filed in written form. The application shall be signed by a person filing the
application, or by his (her) authorized representative.
2. The application on review on newly discovered circumstances shall contain:
1) name of a court, body (civil servant) to which the application is filed;
2) details on a person filing the application (for individuals – last name, first
name, patronymic (when available), subscriber’s number of phone, fax, cellular
communications and (or) electronic mail (if available); for legal entities – name,
location, number and date of state registration (reregistration) of a legal entity,
subscriber’s number of phone, fax, cellular communications and (or) electronic mail (if
available);
3) name of a court, body (civil servant) that adopted the act on review of which
the applicant files petition on newly discovered circumstances; date of adoption of this
act;
4) requirement of a person filing the application; newly discovered circumstance
provided by Article 852 of this Code and that in opinion of an applicant is the ground
for raising a question on review of decree on newly discovered circumstances with a
reference to the documents certifying opening or establishment of this circumstance;
5) list of attached documents.
3. The application shall be accompanied by:
1) copies of documents certifying newly discovered circumstances;
2) copy of a decree on review of which the applicant files petitions;
3) a document certifying direction of absent copies of an application and
documents to the other persons participating in a case;
4) credibility or another document certifying the powers of a person for signing
an application.
Article 856. Admission of an application for initiation of
proceeding of a court, body (civil servant)
1. The application on review of a decree on newly discovered circumstances filed
in compliance with requirements submitted for its form and content shall be admitted for
initiation of a proceeding of the relevant court, body (civil servant).
2. Issue on admission of an application for initiation of proceeding shall be
solved within three days from the date of its receipt.
3. Upon admission of an application for proceeding, the ruling containing date and
place of holding of meeting on consideration of the application, shall be issued.
4. Copies of a ruling shall be directed to persons participating in a case.
Article 857. Return of an application on review of a decree
on newly discovered circumstances
1. The judge of the relevant court, civil servant of authorized body shall return
an application to an applicant filed by him (her) on review of a decree on newly
discovered circumstances, if during solving the issue on its admission for initiation of
proceeding it is established that:
1) the application is filed with violation of rules established by Article 855 of
this Code;
2) the application is filed after expiration of established term and there is no
petition on its restoration or restoration of omitted term for filing of application was
refused;
3) the requirements submitted to form and content of the application were not
complied.
2. Upon return of an application, the ruling shall be issued.
Copy of the ruling shall be directed to an applicant together with an application
and enclosed documents no later than the next day after the date of its issuance.
3. The ruling on return of application may be appealed, protested.
Article 858. Calculation of term for filing of application
The term for filing of application shall be calculated:
1) in cases provided by subparagraph 1) of part two of Article 852 of this Code –
from the date of discovery of circumstances having substantial significance for a case;
2) in cases provided by subparagraphs 2) and 3) of part two of Article 852 of this
Code – from the date of entering of a court verdict into legal force;
3) cases provided by subparagraph 4) of part two of Article 852 of this Code –
from the date of entering of a verdict, decision, ruling, decree of court or legal act
of the s\other state body (civil servant) into legal force, on which the reviewed decree
was based;
4) in cases provided by subparagraph 5) of part two of Article 852 of this Code –
from the date of adoption of a decree of the Constitutional Council of the Republic of
Kazakhstan on recognition of the Law or the other regulatory legal act unconstitutional
that was applied in this case on administrative infraction.
Article 859. Consideration of an application
The application on review of a decree on newly discovered circumstances shall be
considered at session by a court, body (civil servant).
The applicant and persons participating in a case shall benotified on time and
place of session, however their non-appearance is not an obstacle for consideration of
the application.
Article 860. Decree of court, authorized body (civil servant)
on review of a case
1. After consideration of an application on review of a decree on newly discovered
circumstances, the court, body (civil servant) shall certify the application and repeal
the decree, or refuse in review.
2. Decisions of courts, bodies (civil servant) on repeal of a decree on newly
discovered circumstances and on refusal in satisfaction of an application on review of
the decree on newly discovered circumstances may be appealed and protested in
established manner.
3. In case of repeal of a decree, the case shall be considered by a court, body
(civil servant) according to the rules established by this Code.
Chapter 48. REHABILITATION, COMPENSATIO FOR DAMAGE
INFLICTED BY ILLEGAL ACTIONS OF A BODY (CIVIL SERVANT)
AUTHORIZED TO CONSIDER CASES ON ADMINISTRATIVE INFRACTIONS
Article 861. Rehabilitation by recognition of faultlessness of
a person brought to administrative liability
1. The person in respect of whom the decree of court, body (civil servant)
authorized to consider cases on administrative infractions, on termination of a case on
the grounds provided by subparagraphs 1) – 7) and 11) of part one of Article 741 of this
Code is issued, shall be considered faultless and may not be subjected to any
restrictions in rights and freedoms guaranteed by the Constitution and Laws of the
Republic of Kazakhstan.
2. The judge, body (civil servant) authorized to consider cases on administrative
infractions shall be obliged to take all the measures provided by the Law on recognition
of a person mentioned in a part one of this Article as faultless and on restoration of
personal non-property and property rights violated in a result of illegal actions of a
judge, body (civil servant) authorized to consider cases on administrative infractions.
Article 862. Persons having the right to compensation of
damage inflicted in a result of illegal actions of a court,
body (civil servant) authorized to consider cases
on administrative infractions
1. Damage inflicted to a person in a result of illegal application of the measures
of ensuring the proceeding on case shall be compensated from republican budget in a full
measure independently from guilt of a judge, body (civil servant) authorized to consider
cases on administrative infractions.
2. The following persons shall have the right to compensation of damage inflicted
in a result of illegal actions, body (civil servant) authorized to consider cases on
administrative infractions:
1) persons mentioned in a part one of Article 745 of this Code;
2) persons in respect of whom the proceeding on case should not be initiated, and
the initiated proceeding was subject to termination on the grounds provided by
subparagraphs 1) – 7) and 11) of part one of Article 741 of this Code, if the proceeding
on case was initiated in spite of existence of the circumstances excluding the
administrative infraction proceeding, or was not terminated from the date of their
detection.
3. In case of death of an individual, the right of compensation of damage in
established manner shall be transferred to his (her) legal successors.
4. Damage shall not be subject to compensation to a person if it is proved that
during the proceeding on case by voluntary self-accusation, he (she) barred
establishment of truth and so promoted occurrence of the consequences mentioned in a
part one of this Article.
5. In the absence of circumstances mentioned in subparagraph 2 (of part two of
this Article, the rules of this Article shall not apply to the cases when the
administrative sanctions imposed on a person and other measures of legal administrative
effect are cancelled or changed due to expiration of the terms of limitation, adoption
of the Law eliminating administrative liability or mitigating administrative sanction.
Article 863. Damage subjected to compensation
The persons mentioned in Article 862 of this Code shall have the right to
compensation of property damage in a full measure, elimination of consequences of moral
damage and restoration in all lost or impaired rights.
Article 864. Recognition of the right to compensation of damage After adoption of a decision on full or partial rehabilitation of a person, the
judge or body (civil servant) authorized to consider cases on administrative infractions
shall be obliged to recognize his (her) right to compensation of damage. Copy of decree
on termination of a case, on repeal or change of other illegal decisions shall be
delivered or sent to an interested person by mail. At the same time, the notification
with explanation of the procedure for compensation of damage shall be directed to him
(her). In the absence of details on place of residence of successors, relatives or
dependents of deceased person having the right to compensation of damage, the
notification shall be directed to them no later than five days from the date of their
apply to the body (civil servant) authorized to consider cases on administrative
infractions.
Article 865. Compensation of property damage
1. Property damage inflicted to persons mentioned in Article 862 of this Code
shall include the compensation of:
1) salary, pension, benefits, other funds and incomes that they are deprived;
2) property illegally confiscated on the basis of court decree. Upon impossibility
to return the property, its cost shall be returned;
3) fines recovered in execution of illegal decree of a body (civil servant)
authorized to solve a case; procedural expenditures and other sums paid by a person due
to illegal actions;
4) sums paid by a person for rendering of legal assistance;
5) other expenses incurred in a result of illegal bringing to administrative
liability.
2. The sums paid for maintenance of persons mentioned in a part one of Article 603
of this Code at the places of execution of administrative arrest, the procedural
expenditures linked with a proceeding on case, and equally earnings for performing any
works by these persons during execution of the administrative arrest may not be deducted
from the sums subjected to payment as a recompense of damage inflicted in a result of
illegal actions of a body (civil servant) authorized to consider cases on administrative
infractions.
3. Upon receipt of a copy of documents mentioned in Article 823 of this Code with
notification on procedure for compensation of damage, the persons mentioned in parts two
and three of Article 862 of this Code shall have the right to refer to the body (civil
servant) that issued the decree on termination of a case, revocation or change of other
illegal decisions with a demand for compensation of property damage. If the case is
terminated by a superior body (civil servant) or a court, the demand for compensation of
damage shall be directed to a body (civil servant) that issued illegal decree. If the
case being considered by a judge is terminated by a superior court, the demand for
compensation of damage shall be directed to the judge that issued illegal decree. In
case of rehabilitation of a minor person, the demand for compensation of damage may be
applied by his (her) legal representative.
4. No later than one month from the date of receipt of the application, the body
(civil servant) mentioned in a part two of this Article shall determine the extent of
damage after requesting estimation in necessary cases from financial bodies and bodies
of social protection after what shall issue a decree on making payments as a recompense
of this damage adjusted for inflation. If the case is terminated by a court, the
mentioned actions shall be made by a judge that considered the case.
5. Copy of a decree certified by the common seal shall be delivered or sent to a
person for representation in bodies that are obliged to make payment. Procedure for
paying shall be determined by the legislation.
Article 866. Elimination of consequences of moral damage 1. The body (civil servant) that adopted decision on rehabilitation of a person,
shall be obliged to submit apologies to him (her) in written form for inflicted damage.
2. Claims for compensation for inflicted moral damage in pecuniary terms shall be
made in the manner of civil legal proceeding.
3. If the person was illegally brought to administrative liability, and details on
this were published in the press, distributed via radio, television or other means of
mass media, upon request of this person, and in case of his (her) death – upon request
of his (her) relatives or a prosecutor, the relevant mass media shall be obliged to make
necessary statement on this within one month.
4. Upon request of the persons mentioned in Article 862 of this Code, the body
(civil servant) authorized to consider cases on administrative infractions shall be
obliged to direct written statement on revocation of own illegal decisions at the place
of their work, education, residence within ten days.
Article 867. Terms for submission of requirements 1. Requirements on making monetary payments as a recompense of property damage may
be submitted within one year from the date of receipt of a decree on making such
payments by persons mentioned in Article 862.
2. Requirements on restoration of such rights may be submitted within six months
from the date of receipt of a notification explaining the procedure for restoration of
the rights.
3. In case of omission of these terms by reasonable excuse, they shall be subject
to restoration upon application of interested persons by a body (civil servant)
authorized to consider cases on administrative infractions.
Article 868. Compensation of damage to legal entities
The damage inflicted to legal entities by illegal actions of a body (civil
servant) authorized to consider cases on administrative infractions shall be subject to
restoration by the state in a full measure and terms established by this chapter.
Article 869. Restoration of rights in court actions
If the requirement on rehabilitation or compensation of damage is not satisfied or
the person is not agreed with adopted decision, he (she) shall have the right to refer
in court in the manner of civil legal proceeding.
Chapter 49. SPECIAL ASPECTS OF A PROCEEDING ON CASES
OF PERSONS HAVING PRIVILEGES AND IMMUNITY
FROM ADMINISTRATIVE LIABILITY
Article 870. Conditions and procedure for the administrative
infraction proceeding in respect of a deputy of the Parliament
of the Republic of Kazakhstan
1. The deputy of the Parliament of the Republic of Kazakhstan may not be subject
to bringing, measures of administrative sanction imposed in a judicial proceeding within
the term of own powers without the consent of the relevant Chamber of the Parliament of
the Republic of Kazakhstan.
2. For obtainment of the consent to bringing of a deputy to administrative
liability entailing imposition of the administrative sanction in a judicial proceeding,
bringing, the General Prosecutor of the Republic of Kazakhstan shall submit proposal to
the relevant Chamber of the Parliament of the Republic of Kazakhstan the deputy of which
is the person that committed administrative infraction. The proposal shall be submitted
before direction of a case on administrative infraction in court, as well as before
solution of the issue on necessity of compulsory conveying of a deputy in court, body
(civil servant) authorized to consider cases on administrative infractions.
3. Decision of the relevant Chamber of the Parliament of the Republic of
Kazakhstan for proposal submitted by the General Prosecutor of the Republic of
Kazakhstan shall be issued in terms established by the Constitutional Law of the
Republic of Kazakhstan “On Parliament of the Republic of Kazakhstan and status of its
deputies”.
4. If the relevant Chamber of the Parliament of the Republic of Kazakhstan gives a
consent to bringing of a deputy to administrative liability entailing imposition of
administrative sanction in a judicial proceeding, the further proceeding on case shall
be conducted in the manner established by this Code considering the special aspects
provided by this Article.
5. If the relevant Chamber of the Parliament of the Republic of Kazakhstan gives a
consent to bringing, the question of application of this measure of ensuring the
administrative infraction proceeding shall be solved in the manner established by this
Code.
6. In case if the relevant Chamber of the Parliament of the Republic of Kazakhstan
did not give a consent to bringing of a deputy to administrative liability entailing
imposition of administrative sanction in a judicial proceeding, the proceeding on case
shall be subject to termination on this ground.
7. In case if the relevant Chamber of the Parliament of the Republic of Kazakhstan
did not give a consent to bringing, the other measures of ensuring the administrative
infraction proceeding shall be applied to a deputy in the manner established by this
Code.
8. Supervision of legality of considering a case on administrative infraction in a
judicial proceeding in respect of a deputy of the Parliament of the Republic of
Kazakhstan shall be carried out by the General Prosecutor of the Republic of Kazakhstan.
Article 871. Conditions and procedure for the administrative
infraction proceeding in respect of a candidate for President
of the Republic of Kazakhstan, candidate for deputy of the
Parliament of the Republic of Kazakhstan
1. Candidates for President of the Republic of Kazakhstan, for deputies of the
Parliament of the Republic of Kazakhstan from the date of their registration and until
publication of election returns, as well as until their registration as the President,
deputy of the Parliament may not be subject to bringing, measures of administrative
sanction imposed in a judicial proceeding without the consent of the Central Elective
Commission of the Republic of Kazakhstan.
2. Proposal on bringing of a candidate for President of the Republic of
Kazakhstan, for deputies of the Parliament of the Republic of Kazakhstan to
administrative liability shall be submitted to the Central Elective Commission by the
General Prosecutor of the Republic of Kazakhstan before direction of a case on
administrative infraction in court.
3. Substantiated decision of the Central Elective Commission of the Republic of
Kazakhstan to proposal submitted by the General Prosecutor of the Republic of Kazakhstan
shall be issued within ten days from the date of its receipt.
4. After receipt of the decision of the Central Elective Commission by the General
Prosecutor of the Republic of Kazakhstan, the further proceeding on case shall be
conducted in the manner established by Article 813 of this Code.
Article 872. Conditions and procedure for the administrative
infraction proceeding in respect of the Chairman or member of
the Constitutional Council of the Republic of Kazakhstan 1. The Chairman or members of the Constitutional Council of the Republic of
Kazakhstan may not be subjected to bringing, measures of administrative sanction imposed
in a judicial proceeding within the entire term of own powers without the consent of the
Parliament of the Republic of Kazakhstan.
2. For obtainment of the consent to bringing of the Chairman or members of the
Constitutional Council of the Republic of Kazakhstan to administrative liability
entailing imposition of administrative sanction in a judicial proceeding, bringing, the
General Prosecutor of the Republic of Kazakhstan shall submit a proposal to the
Parliament of the Republic of Kazakhstan. The proposal shall be submitted before
direction of a case on administrative infraction in court, before solution of the issue
on necessity of compulsory conveying of the Chairman or member of the Constitutional
Council of the Republic of Kazakhstan in court, body (civil servant) authorized to
consider cases on administrative infractions.
3. After receipt of the decision of the Parliament of the Republic of Kazakhstan
by the General Prosecutor of the Republic of Kazakhstan, the further proceeding on case
shall be conducted in the manner established by Article 813 of this Code.
4. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-
V (shall be enforced from 01.01.2015).
Footnote. Article 872 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 873. Conditions and procedure for the administrative
infraction proceeding in respect of a judge
1. The judge may not be arrested, subjected to bringing, measures of
administrative sanction imposed in a judicial proceeding without the consent of the
President of the Republic of Kazakhstan based on conclusion of the Supreme Judicial
Council of the Republic, or in case established by subparagraph 3) of Article 55 of the
Constitution of the Republic of Kazakhstan without the consent of the Senate of the
Parliament of the Republic of Kazakhstan.
2. For obtainment of the consent for bringing of a judge to administrative
liability entailing imposition of administrative sanction in a judicial proceeding,
bringing, the General Prosecutor of the Republic of Kazakhstan shall submit a proposal
to the President of the Republic of Kazakhstan, and in case provided by subparagraph 3)
of Article 55 of the Constitution – to the Senate of the Parliament of the Republic of
Kazakhstan. The proposal shall be submitted before direction of a case on administrative
infraction in court, before solution of the issue on necessity of compulsory conveying
of a judge in court, body (civil servant) authorized to consider cases on administrative
infractions.
3. After receipt of the decision of the President of the Republic of Kazakhstan,
the Senate of the Parliament of the Republic of Kazakhstan by the General Prosecutor of
the Republic of Kazakhstan, the further proceeding on case shall be conducted in the
manner established by Article 813 of this Code.
4. The case on administrative infraction settled by proceeding in respect of a
judge shall be transferred by a body (civil servant) carrying out this proceeding in the
manner established by this Code in court through the General Prosecutor of the Republic
of Kazakhstan.
Article 874. Conditions and procedure for the administrative
infraction proceeding in respect of the General Prosecutor of
the Republic of Kazakhstan
1. The General Prosecutor of the Republic of Kazakhstan may not be subjected to
bringing, measures of administrative sanction imposed in a judicial proceeding within
the entire term of own powers without the consent of the Senate of the Parliament of the
Republic of Kazakhstan.
2. For obtainment of the consent for bringing of the General Prosecutor of the
Republic of Kazakhstan to administrative liability entailing imposition of
administrative sanction in a judicial proceeding, bringing, the first deputy of the
General Prosecutor of the Republic of Kazakhstan shall submit a proposal to the Senate
of the Parliament of the Republic of Kazakhstan. The proposal shall be submitted before
direction of a case on administrative infraction in court, before solution of the issue
on necessity of compulsory conveying of the General Prosecutor in court, body (civil
servant) authorized to consider cases on administrative infractions.
3. After receipt of the decision of the Senate of the Republic of Kazakhstan by
the first deputy of the General Prosecutor of the Republic of Kazakhstan, the further
proceeding on case shall be conducted in the manner established by Article 819 of this
Code.
4. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-
V (shall be enforced from 01.01.2015).
5. Supervision of legality of considering a case on administrative infraction in a
judicial proceeding in respect of a deputy of the General Prosecutor of the Republic of
Kazakhstan shall be carried out by his (her) first deputy.
6. Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 272-
V (shall be enforced from 01.01.2015).
Footnote. Article 874 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 875. Consideration of a case on administrative
infraction by a judge in respect of a deputy of the Parliament
of the Republic of Kazakhstan, the Chairman or members of the
Constitutional Council of the Republic of Kazakhstan, judge,
General Prosecutor of the Republic of Kazakhstan
1. Consideration of a case shall be carried out in general with special aspects of
the proceeding on cases of the persons having privileges and immunity from
administrative liability.
2. The judge shall have the right to apply bringing in respect of a deputy of the
Parliament of the Republic of Kazakhstan, the Chairman or members of the Constitutional
Council of the Republic of Kazakhstan, judge, General Prosecutor of the Republic of
Kazakhstan as a measure of ensuring the administrative infraction proceeding after
referral with submission on giving a consent to this in the manner provided respectively
by a part two of Article 870 of this Code, if before consideration of the case the judge
refused in giving a consent to bringing by the state bodies mentioned in paragraph 4 of
Article 52, paragraph 5 of Article 71, paragraph 2 of Article 70, paragraph 3 of Article
83 of the Constitution of the Republic of Kazakhstan or such consent was not demanded.
Article 876. Persons having diplomatic immunity from
administrative liability
1. In accordance with the legislation of the Republic of Kazakhstan and
international treaties ratified by the Republic of Kazakhstan, the following persons
shall enjoy immunity from administrative liability in a judicial proceeding in the
Republic of Kazakhstan:
1) the heads of diplomatic representatives of foreign states, the members of
diplomatic personnel of these representatives and their family members, if they reside
jointly with them and are not citizens of the Republic of Kazakhstan;
2) on the basis of mutuality, the employees of service personnel of diplomatic
representatives and their family members residing jointly with them, if these employees
and their family members are not citizens of the Republic of Kazakhstan or do not reside
on a permanent basis in Kazakhstan, heads of consular agencies and other consular civil
servant in respect of the acts committed by them upon execution of employment duties,
unless otherwise provided by the international treaty of the Republic of Kazakhstan;
3) on the basis of mutuality, the employees of administrative and technical
personnel of diplomatic representatives and their family members residing jointly with
them, if these employees and their family members are not citizens of the Republic of
Kazakhstan or do not reside on a permanent basis in Kazakhstan;
4) the diplomatic couriers;
5) the heads and representatives of foreign states, members of parliamentary and
governmental delegations, and on the basis of mutuality – the employees of delegations
of foreign states arriving to Kazakhstan for participation in international
negotiations, international conferences and meetings or with other official
instructions, or travelling through the territory of the Republic of Kazakhstan for the
same purposes and family members of the mentioned persons that accompany them, if these
family members are not citizens of the Republic of Kazakhstan;
6) the heads, members and personnel of the representatives of foreign states in
international organizations, the civil servants of these organizations located in a
territory of the Republic of Kazakhstan on the basis of international treaties or
generally accepted international customs;
7) the heads of diplomatic representative, members of diplomatic personnel of
representatives of foreign states in a third country travelling through the territory of
the Republic of Kazakhstan, and their family members that accompany the mentioned
persons or that travel separately for joining them or for the purpose of returning to
own country;
8) other persons in accordance with an international treaty of the Republic of
Kazakhstan.
2. The persons mentioned in subparagraphs 1), 4) – 7) of part one of this Article,
as well as the persons in accordance with an international treaty of the Republic of
Kazakhstan may be brought to administrative liability only in the case if the foreign
state represents formal waiver of immunity from administrative liability. The issue on
such waiver shall be solved upon presentation of the General Prosecutor of the Republic
of Kazakhstan through the Ministry of foreign Affairs of the Republic of Kazakhstan by
diplomatic means. In the absence of waiver of the relevant foreign state of immunity of
the mentioned persons, the administrative proceeding in respect of them may not be
initiated, and the initiated proceeding – shall be subject to termination.
3. The rules of part two of this Article shall not apply to the persons mentioned
in subparagraphs 2) and 3) of part one of this Article, with the exception of cases when
the infraction committed by these persons is linked with execution of own employment
duties and is not directed against the interests of the Republic of Kazakhstan, unless
otherwise provided by the international treaty of the Republic of Kazakhstan.
Article 877. Search, administrative detention and bringing
of persons enjoying diplomatic immunity 1. The persons listed in subparagraphs 1), 4) – 7) of part one of Article 876 of
this Code, as well as other persons in accordance with international treaties of the
Republic of Kazakhstan shall enjoy personal inviolability. In existence of documents
being in their possession confirming their status of persons enjoying diplomatic
immunity, they may not be subject to personal inspection, detained or subjected to
bringing for commission of an administrative infraction. Search of the things being in
their possession also may not be carried out.
2. If the foreign state represents formal waiver of immunity from administrative
liability of the persons mentioned in subparagraphs 1), 4) – 7) of part one of Article
876, the proceeding on case shall be carried out according to the standard procedure.
Article 878. Diplomatic immunity from testimony 1. The persons listed in subparagraphs 1), 3) – 6) of part one of Article 876 of
this Code, as well as other persons in accordance with the international treaty of the
Republic of Kazakhstan may not give testimony as a witness, injured party, and when
approved to give such testimony – are not obliged to appear to a judge, body (civil
servant) considering a case on administrative infraction. Call for interrogation
delivered to mentioned persons shall not contain notifications on a possibility of
applying compulsory measures for their non-appearance.
2. In case if these persons gave testimony as injured parties, witnesses in the
course of administrative proceeding, and did not appear during consideration of a case,
the judge, body (civil servant) considering the case on administrative infraction shall
announce their testimony.
3. The persons mentioned in subparagraph 2) of part one of Article 876 of this
Code may not refuse from giving testimony as witnesses and injured parties, except for
the testimony on the issues linked with execution of their employment duties. In case of
refusal of consular civil servants to give witness statements, the measures of ensuring
a case on administrative infraction may not be applied to them.
4. The persons enjoying diplomatic immunity shall not be obliged to represent
correspondence and other documents related to execution of employment duties by them to
a judge, body (civil servant) considering a case on administrative infraction.
Article 879. Diplomatic immunity of premises and documents
1. Residency of a head of diplomatic representative, premise, occupied by
diplomatic representatives, living quarters of members of diplomatic personnel and their
family members, the property in their possession and means of transportation are
inviolable. Access to these premises, their survey, as well as search of means of
transportation may be carried out only in the consent of a head of diplomatic
representative or a person substituting him (her).
2. On the basis of mutuality, the immunity provided by a part one of this Article
shall apply to living quarters occupied by employees of service personnel of a
diplomatic representative and their family members that reside jointly with them, if
these employees and their family members are not the citizens of the Republic of
Kazakhstan.
3. The premise occupied by a consular agency and residency of a head of consular
agency shall enjoy inviolability on the basis of mutuality. Access to these premises,
their survey may take place only upon request or with the consent of a head of consular
agency or diplomatic representative of the relevant foreign state.
4. Archives, official correspondence and other documents of diplomatic
representatives and consular agencies are inviolable. They may not be subjected to
survey and withdrawal without the consent of a head of diplomatic representative,
consular agency. Diplomatic mail shall not be subject to printing and detention.
5. Consent of a head of diplomatic representative or consular agency to access to
the premises mentioned by parts one, two and three of this Article, performance of
survey, as well as to survey and seizure of documents mentioned in a part four of this
Article shall be requested by a prosecutor through the Ministry of Foreign Affairs of
the Republic of Kazakhstan.
6. In case of receipt of request or consent of a head of diplomatic representative
or consular agency to access to premises, performance of survey, as well as survey and
seizure of documents mentioned in a part four of this Article shall be carried out in
the presence of a prosecutor and representative of the Ministry of Foreign Affairs of
the Republic of Kazakhstan.
Chapter 50. INTERACTION OF BODIES CARRYING OUT THE
ADMINISTRATIVE INFRACTION PROCEEDING, WITH COMPETENT
INSTITUTIONS AND CIVIL SERVANTS OF FOREIGN STATES ON
CASES ON ADMINISTRATIVE INFRACTIONS
Article 880. General conditions of rendering of legal
assistance on cases on administrative infractions
1. In accordance with rendering of legal assistance to courts, bodies (civil
servants) of foreign states with which the Republic of Kazakhstan concluded the
international treaty on legal assistance, or on the basis of interaction, the actions
provided by this Code, as well as the other actions provided by other Laws and
international treaties of the Republic of Kazakhstan may be conducted.
2. In case if the provisions of international treaty ratified by the Republic of
Kazakhstan contradict this Code, the provisions of the international treaty shall be
applied.
3. The costs linked with rendering of legal assistance shall be incurred by
requested institution in a territory of own state, unless otherwise provided by the
international treaty of the Republic of Kazakhstan.
Article 881. Direction of requests on provision of information
and documents and instructions on conduct of separate
procedural actions
1. Requests on provision of information and documents, instruction on conduct of
separate procedural actions may be directed between courts, bodies (civil servants) in
cases provided by international treaties ratified by the Republic of Kazakhstan.
2. In cases when it is impossible to determine to which court, body it is
necessary to direct a request on provision of information and documents, instruction on
conduct of separate procedural actions, they shall be directed to the central body of
Requested Party.
3. Request on provision of information and documents, instruction on conduct of
separate procedural actions shall be drawn up in written in a form of a body and shall
contain:
1) name of requested body of the relevant Party;
2) name of requesting body of the relevant Party;
3) detailed description of an infraction and other facts related to it, data on
costs of goods, on extent of damage, legal qualification of the act in accordance with
the legislation of Requesting Party accompanied by a text of applied Law;
4) names, patronymics (when available) and last names of persons in respect of
whom the administrative infraction proceeding is conducted, witnesses, their place of
residence or place of stay, citizenship, occupation, place and date of birth, for legal
entities – their full name and location (if there is information on listed details);
5) instruction on delivery of a document shall contain exact address of a
recipient and name of delivered document;
6) list of details and actions subjected to representation or execution (for
interrogation it is necessary to state which circumstances should be investigated and
clarified, as well as a sequence and wording of the questions that shall be raised to a
respondent).
4. Request on provision of information and documents, instruction on conduct of
separate procedural actions may also contain:
1) specification of a term for execution of required measures;
2) petition on conduct of the measures mentioned in the request in a certain
manner;
3) petition on a provision of possibility to representatives of bodies of
Requesting Party to attend during performance of the measures mentioned in the request,
as well as to participate in their performance if it is not inconsistent with the
legislation of Parties;
4) other petitions linked with performance of a request, instruction.
5. The request on provision of information and documents, instruction on conduct
of separate procedural actions shall be signed by a head of requesting body or his (her)
deputy. The request, instruction shall be accompanied by available copies of documents
to which there are references in a text of the request, instruction, copies of the other
documents required for their proper execution.
6. Bodies of the Parties may send procedural documents by mail directly to
participants of the administrative infraction proceeding being in a territory of the
other Party.
7. Direction of repeated request on provision of information and documents,
instruction on conduct of separate procedural actions on cases on administrative
infractions shall be allowed upon necessity of receiving additional details,
clarification of information received within the execution of previous request or
instruction.
Article 822. Procedure for execution of requests on provision
of information and documents and instructions on conduct of
separate procedural actions
1. The court, body (civil servant) shall execute instructions of the relevant
institutions and civil servants of foreign states transferred to them in established
manner on the proceeding of procedural actions as a general rule of this Code.
2. Upon execution of an instruction, the procedural rules of foreign state may be
applied if it is provided by the international treaty of the Republic of Kazakhstan with
this state.
3. In cases provided by the international treaty, the representative of a
competent institution of the other state may attend upon execution of an instruction.
4. If the request (instruction) may not be executed, the received documents shall
be returned to the foreign institution from which the instruction was originated
specifying reasons that obstructed its execution. The instruction shall be returned, if
its execution may cause damage to sovereignty or security or contradicts the legislation
of the Republic of Kazakhstan.
SECTION 5. EXECUTION OF DECREES ON IMPOSITION OF
ADMINISTRATIVE SANCTIONS
Chapter 51. GENERAL PROVISIONS
Article 883. Entering of a decree on case on administrative
infraction into legal force The decree on a case on administrative infraction shall enter into legal force:
1) upon expiration of the term established for appealing the decree on case on
administrative infraction, if it was not appealed or protested;
2) without delay after issuance of a decree on a complaint, protest, as well as
issuance of the decree in case provided by article 339 of this Code;
3) without delay in case provided by a part two of article 811 of this Code.
Article 884. Obligatoriness of decree on imposition of
administrative sanction
1. The decree on imposition of administrative sanction shall be compulsory for
execution by all the state bodies, bodies of local self-government, civil servants,
individuals and their associations, legal entities.
2. The decree on imposition of administrative sanction shall be subject to
execution from the date of its entering into legal force
3. The decree on imposition of administrative sanction in the form of deprivation
of a special right and administrative arrest shall be subject to execution from the date
of issuance.
Article 885. Recourse of decree to execution Recourse of decree on imposition of administrative sanction to execution shall be
assigned on a judge, body (civil servant) that issued the decree. The decree shall be
directed to a body (civil servant) authorized to carry it into execution within a day
from the date of its entering into legal force. The decree on imposition of
administrative infraction in the form of deprivation of the special right shall be
directed to bodies authorized to carry it into execution immediately after its issuance.
Article 886. Carrying decree on imposition of administrative
sanction into execution 1. The decree on imposition of administrative sanction shall be carried into
execution by authorized bodies in the manner established by this Code.
2. In case of issuance of several decrees on imposition of administrative
sanctions in respect of one person, each decree shall be carried into execution on an
independent basis.
3. Avoidance of a person from administrative sanction shall entail execution of
this sanction in a compulsory manner in accordance with the legislation.
Article 887. Solution of issues linked with execution of
a decree on imposition of administrative sanction
1. The body (civil servant) that issued a decree on imposition of administrative
sanction shall be assigned to solve the issues linked with execution of this decree, and
control of its execution.
2. The issues on deferral, installment, suspension or termination of executing a
decree on imposition of administrative infraction, as well as on recover of a fine
imposed on a minor person from his (her) parents or persons substituting them, shall be
considered by a judge, body (civil servant) that issued the decree within three days
term from the date of occurrence of the ground for solution of the relevant issue.
3. The persons interested in solution of the issues mentioned in a part two of
this Article shall be notified on place and time of their consideration. By this, non-
appearance of interested persons without reasonable excuses is not an impediment for
solution of the relevant issues. Upon consideration of the issue on avoidance from
serving administrative arrest, the appearance of the person subjected to administrative
arrest shall be compulsory.
4. Solution on the issues mentioned in a part two of this Article shall be adopted
in the form of decree.
5. Copy of a decree shall be delivered immediately to an individual or
representative of legal entity in respect of whom it is issued, as well as to an injured
person upon his (her) request against receipt. In case of absence of mentioned persons,
the copy of a decree shall be sent within three days from the date of its issuance,
whereat the relevant record shall be made in a case.
Article 888. Deferral and installment of execution of a decree
on imposition of administrative sanction
Inexistence of circumstances making impossible the execution of a decree on
imposition of administrative sanction in the form of administrative arrest, deprivation
of the special right or fine (with the exception of recovery of a fine at the place of
commission of administrative infraction) within the terms established by the Law, the
judge, body (civil servant) that issued the decree may prolong the execution of the
decree for the term up to one month upon application of a person in respect of whom the
decree is issued. Regarding material status of a person brought to administrative
liability, the judge, body (civil servant) that issued the decree may allow payment of
the by installments for the term up to three months.
In existence of a court decision that entered into legal force on conduct of
restructurisation of a second tier bank and (or) organization included into bank
conglomerate as parental organization and that is not the second tier bank, upon their
application, the decree on imposition of administrative sanction may be deferred by a
judge, body (civil servant) that issued the decree until entering of the court decision
into legal force on termination of restructurisation of a second tier bank and (or)
organization included into bank conglomerate as parental organization and that is not
the second tier bank.
Article 889. Release from execution of administrative sanction
The judge, body (civil servant) that issued a decree on imposition of
administrative sanction shall terminate execution of the decree and release from
administrative sanction in cases of:
1) repeal of the Law or its separate provisions establishing administrative
liability;
2) provided by a part two of Article 8 of this Code;
3) death of a person brought to administrative liability or declaring him (her)
decedent in the manner established by the Law;
4) expiration of the term of limitation of execution of a decree on imposition of
administrative sanction established by Article 890 of this Code;
5) provided by the legislative act of the Republic of Kazakhstan on coming of the
Code of the Republic of Kazakhstan dated 10 December 2008 “On taxes and other compulsory
payments to budget” (Tax Code) into effect.
Article 890. Limitation of execution of a decree on imposition
of administrative sanction 1. The decree on imposition of administrative sanction shall not be subject to
execution, if it was not carried into execution within a year from the date of entering
into legal force, and for infractions in the field of tax assessment and antimonopoly
legislation of the Republic of Kazakhstan within five years from the date of its
entering into legal force.
2. In case of suspension of the execution of a decree in accordance with Article
834 of this Code, the running of period of limitation shall be suspended until
consideration of a complaint or protest.
3. Running of the term of limitation provided in a part one of this Article, shall
be revived if the person brought to administrative liability avoids its execution.
Calculation of the term of limitation in this case shall be restored from the date of
detection of this person.
4. In case of deferral of execution of a decree in accordance with Article 888 of
this Code, running of the term of limitation shall be suspended until expiration of the
term for deferral, and upon execution of the decree by installments, running of the tem
of limitation shall be extended for the term of deferral.
Article 891. Completion of the proceeding on execution of
a decree on imposition of administrative sanction 1. The decree on imposition of administrative sanction according to which the
sanction is collected in full, shall be returned by a body executing the decree to a
judge (body) that issued the decree with a note on collected sanction.
2. The decree on imposition of administrative sanction according to which the
execution was not carried out or the execution is carried not in full, shall be returned
to a body (civil servant) that issued the decree, drew up a protocol on administrative
infraction, in cases and in the manner provided by the Law of the Republic of Kazakhstan
“On execution proceeding and status of officers of justice”.
Chapter 52. PROCEDURE FOR EXECUTION OF SEPARATE TYPES
OF ADMINISTRATIVE INFRACTIONS
Article 892. Execution of a decree on issuance of
a notification The decree on imposition of administrative sanction in the form of a notification
shall be executed by a judge, body (civil servant) that issued the decree by delivering
or sending copies of the decree in accordance with Article 823 of this Code.
Article 893. Voluntary execution of a decree on imposition
of fine
1. Fine shall be subject to payment by a person brought to administrative
liability no later than thirty days from the date of entering of the decree into legal
force.
In case of deferral provided by Article 888 of this Code, the fine shall be
subject to payment by a person brought to administrative liability from the date of
expiration of the term for deferral.
2. The fine imposed for commission of administrative infraction shall be entered
by an individual or shall be transferred by a legal entity to the state budget in
established manner with the following notification in written form of a judge or body
(civil servant) that issued the decree on imposition of the fine, issued a prescription
on necessity to pay the fine.
Article 894. Compulsory execution of a decree on imposition of
a fine on an individual, individual entrepreneur, private
notary officer, private officer of justice and advocate
1. The decree on imposition of a fine shall be directed by a court, authorized
body (civil servant) to administration of the organization when the person brought to
liability works or receives remuneration, pension, scholarship for deduction of the fine
amount in compulsory manner from his (her) salary or other incomes. Deduction of the
fine shall be carried out within the term not exceeding six months. The priority of
recovery of the fine shall be carried out in the manner provided by the Civil Code of
the Republic of Kazakhstan.
2. In cases of dismissal of a person brought to administrative liability from work
or impossibility to recover a fine from his (her) salary or other incomes, the
administration of an organization shall return the decree on imposition of a fine,
prescription on necessity to pay the fine to a court, body (civil servant) that issued
the decree, within the term of ten days from the date of dismissal or occurrence of the
event entailing impossibility of recovery, with specification of new place of work of
the person brought to liability (if available), the reasons of impossibility of
recovery, as well as with a note on performed deductions (if such were performed).
3. If the individual subjected to fine is not employed or recovery of the fine
from salary or other incomes is impossible by other reasons, the decree on imposition of
the fine, prescription on necessity to pay the fine shall be directed by a court,
authorized body that issued the decree to an officer of justice for compulsory execution
in the manner provided by the legislation of the Republic of Kazakhstan.
4. The decree on imposition of a fine on administrative infractions considered by
the state revenues bodies, as well as on other administrative infractions in the field
of tax assessment in respect of individual entrepreneurs, private notary officers,
judicial enforcement agent and advocates shall be executed by the state revenues bodies
in the manner established by the tax legislation of the Republic of Kazakhstan.
Footnote. Article 894 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 895. Compulsory execution of a decree on imposition
of a fine on a legal entity
1. The decree on imposition of a fine shall be directed by a court, authorized
body (civil servant) to an officer of justice for withdrawal of money from banking
account of a legal entity without its consent in the manner established by the civil
legislation of the Republic of Kazakhstan, legislation of the Republic of Kazakhstan on
payment and money transfers on execution proceeding and status of officers of justice.
The decree on imposition of a fine on administrative infractions considered by the
state revenues bodies, as well as on other administrative infractions in the field of
tax assessment shall be executed by the state revenues bodies in the manner established
by the tax legislation of the Republic of Kazakhstan.
2. The bank or organization carrying out other types of banking operations shall
be obliged to transfer fine amount to the budget in established manner.
3. In case of absence of money on accounts of a legal entity, the officer of
justice shall levy execution upon other property belonging to a debtor in accordance
with the Laws of the Republic of Kazakhstan.
Footnote. Article 895 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 896. Procedure for direction of a decree on imposition
of a fine for compulsory execution 1. The decree on imposition of a fine or prescription on necessity to pay the fine
shall be directed to officers of justice within ten days after expiration of the term
for voluntary execution of the decree on imposition of the fine.
Upon direction of a decree on imposition of a fine or prescription on necessity to
pay the fine to an officer of justice, it shall be accompanied by details on non-receipt
of the fine amount to the state revenues.
2. The decree on imposition of a fine, prescription on necessity to pay the fine
directed for compulsory execution with violation of the requirements of this Code shall
be subject to return to the state body that imposed administrative sanction.
3. Return of a decree on imposition of a fine, prescription on necessity to pay
the fine to a body that imposed administrative sanction is not an impediment for their
repeated direction for compulsory execution with the eliminated shortcomings.
Article 897. Procedure for execution of separate types of
administrative sanctions
1. The person that recognized a fact of commission of an infraction and that is
agreed with payment of the fine, on the basis of received notification and (or) notice
on appearance in the state revenues body directed (delivered) by the state revenues body
in accordance with the legislation of the Republic of Kazakhstan, shall pay the fine
within ten days from the date next to the date of receipt (delivery) of the notification
or notice.
2. The documents mentioned in a part one of this Article shall also contain
details on date of issuance, position, last name, initials of a civil servant that
imposed the sanction, details on a person brought to administrative liability, Article
of this Code providing the liability for this infraction, time and place of commission
of the administrative infraction, amount of administrative fine, requisite elements for
paying the fine.
3. In case of non-performance of the requirement established by a part one of this
Article, the administrative infraction proceeding shall be carried out in the manner
provided by this Code.
Footnote. Article 897 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 898. Completion of proceeding on execution of a decree
on imposition of a fine
The decree on imposition of a fine on which recovery of fine is carried out in
full, shall be returned to a body (civil servant) that issued the decree with a note on
execution.
Article 899. Execution of a decree on confiscation of a subject
that is a tool or subject for commission of administrative
infraction, and equally of property received due to commission
of administrative infraction
1. The decree of a judge on confiscation of a subject that is a tool or subject
for commission of administrative infraction, as well as property including incomes
(dividends), money and securities received due to commission of administrative
infraction, shall be executed in the manner provided by the legislation by an officer of
justice, and on confiscation of weapons, ammunition, special technical means for conduct
of special operational investigative measures and encryption-based means of information
protection and narcotic drugs – by the internal affairs body.
2. Selling or further use of confiscated subject that is a tool or subject of
commission of administrative infraction shall be carried out in the manner established
by the Government of the Republic of Kazakhstan.
Article 900. Bodies executing a decree on deprivation
of the special right 1. The decree of judge on deprivation of the right of operating transport
vehicles, with the exception of tractors, self-propelled vehicles and other types of
technology shall be executed by civil servants of the internal affairs bodies.
2. The decree of judge on deprivation of the right of operating tractors, self-
propelled vehicle or other types of technology shall be executed by civil servants of
the bodies carrying out state supervision of technical condition of the self-propelled
vehicles and other types of technology.
3. The decree of judge on deprivation of the right of operating vessels, including
small size vessels shall be executed by civil servants of the bodies carrying out the
state supervision of compliance with the rules of using vessels, including small size
vessels.
4. The decree of judge on deprivation of the right of operating radio electronics
and high frequency means shall be executed by civil servants of the bodies carrying out
the state supervision of communications.
5. The decree of judge on deprivation of the right of hunting shall be executed by
civil servants of the bodies carrying out the state supervision of compliance with the
hunting regulations.
6. The decree of judge on deprivation of the right of bearing and keeping weapons
shall be executed by civil servants of the internal affairs bodies.
Article 901. Procedure for execution of a decree on
deprivation of the special right 1. Execution of a decree on deprivation of the right of operating transport
vehicles, vessels or other types of technology shall be carried out by withdrawal of
driving license respectively for the right to operate vessels, including small size
vessels, or certificate of a tractor driver (tractor operator), if the driver, navigator
or tractor driver (tractor operator) are deprived of the right of operation of all the
types of transport vehicles, vessels (including small size vessels) and other
technology.
2. If the driver, navigator or tractor driver (tractor operator) are deprived of
the right of operating not all the types of transport vehicles, vessels, including small
size vessels, or another technology, it shall be stated in a driving license,
certificate for the right of operation of small size vessel or in a certificate of a
tractor driver (tractor operator) by which types of transport vehicles, small size
vehicles, self-propelled devices they are deprived of the right to operate.
3. Procedure for withdrawal of a certificate for the right of operation of
transport vehicles or vessel shall be established by the authorized body.
4. In case of avoidance of a driver (navigator) or a tractor driver (tractor
operator) deprived of the right of operation of transport vehicles, vessel or right of
operation of a tractor or other self-propelled vehicle from delivery of the driving
license, certificate for the right of operating a vessel or certificate of a tractor
driver (tractor operator), the internal affairs bodies, bodies carrying out state
supervision of compliance with the rules of using the vessels, including small size
vessels, as well as bodies carrying out state supervision of technical condition of
self-propelled machines and other types of technology shall carry out withdrawal of the
driving license, certificate for the right of operating a vessel or certificate of a
tractor driver (tractor operator) in established manner.
5. Upon expiration of the term of deprivation of the special right, the withdrawn
documents shall be returned to a person subjected to this type of administrative
sanction in established manner.
Article 902. Procedure for execution of a decree on deprivation
of the right of hunting 1. Execution of a decree on deprivation of the right of hunting shall be carried
out by withdrawal of hunting permit.
2. In case of avoidance of a person deprived of the right of hunting from delivery
of hunting permit, the withdrawal of the hunting permit shall be carried out by the
bodies carrying out state supervision of compliance with the hunting regulations in
established manner.
Article 903. Procedure for execution of a decree on deprivation
of the right of operating radio electronic means or
high frequency devices
1. Execution of a decree on deprivation of the right of operating radio electronic
means or high frequency devices shall be carried out by withdrawal of the special permit
for operation of radio electronic means or high frequency devices.
2. In case of avoidance of a person deprived of the right of operating radio
electronic means or high frequency devices from delivery of the special permit of
operating radio electronic means or high frequency devices, the relevant authorized
state body shall carry out withdrawal of the special permit for operating radio
electronic means or high frequency devices in established manner.
3. The procedure for withdrawal of the special permit for operating radio
electronic means or high frequency devices shall be established by the authorized state
body in the field of informatization and communications.
Article 904. Procedure for execution of a decree on deprivation
of the right of bearing and keeping weapons
Execution of a decree on deprivation of the right of bearing and keeping weapons
shall be carried out by withdrawal of the relevant certificate and weapons by internal
affairs bodies in the manner provided by the legislation.
Article 905. Execution of a decree on deprivation of a permit
or suspension of its validity The decree on deprivation of a permit of an individual, individual entrepreneur or
legal entity or suspension of its validity shall be enforced in the manner established
by this Code and legislation on permissions and notifications.
Article 906. Bodies executing a decree on deprivation of
a permit or suspension of its validity The decree on deprivation of a permit of an individual, individual entrepreneur or
legal entity or suspension of its validity shall be enforced by civil servants of the
bodies that issued the permit.
Article 907. Procedure for execution of a decree on deprivation
of a permit or suspension of its validity
1. Execution of a decree on deprivation of a permit of an individual, individual
entrepreneur or legal entity shall be carried out by withdrawal of the permit and (or)
exclusion of the permit from the state electronic register of permissions and
notifications.
2. In case of avoidance of an individual, individual entrepreneur or legal entity
from delivery of the permit, the body that issued the permit shall take measures
provided by the legislation for withdrawal of the permit and exclusion of the permit
from the state electronic register of permissions and notifications.
Article 908. Calculation of terms of deprivation of a permit
or suspension of its validity 1. The term of deprivation of a permit or suspension of its validity shall be
calculated from the date of entering of a decree on deprivation (suspension of validity)
of the permit into legal force.
2. Upon expiry of the term of deprivation of a permit for particular type of
activity, the person subjected to this measure of administrative sanction shall obtain a
license in the manner established by the legislation.
Upon expiry of the term of validity of a permit, the withdrawn permit shall be
returned to a person subjected to this measure of administrative sanction in established
manner.
3. The validity of a permit shall be suspended from the date stated in a decree on
imposition of administrative sanction and for the term stated there.
Article 909. Execution of a decree on suspension or
prohibition of activity 1. The decree on imposition of administrative sanction in the form of suspension
or prohibition of activity of a legal entity or individual entrepreneur shall be issued
by a judge and shall be subject to execution without delay upon entering of the decision
into legal force by a founder of legal entity or individual entrepreneur.
2. During the period of suspension of activity of a legal entity and individual
entrepreneur, their right to use money being on banking accounts shall be suspended,
with the exception of payments of compensation for harm inflicted to life and health,
recovery of alimonies, on labour payment and compensation to persons working under the
labour contract, social expenditures, compulsory pension contributions, compulsory
professional pension contributions, tax payments and other compulsory payments to
budget, payment of fines. During the period of suspension of activity of a public
association, it shall be prohibited to use mass media, to carry on agitation and
propaganda, to hold rallies, demonstrations and other mass events, to take participation
in elections. If within established term of suspension of activity, the public
association eliminated the violation, then upon expiry of the term stated in a decree,
the public association shall restore own activity.
3. In case of failure to execute administrative sanction imposed by a judge in the
form of suspension or prohibition of activity by a founder (governing body, civil
servant) of a legal entity or individual entrepreneur on a voluntary basis, the
suspension shall be enforced in the manner of execution proceeding by the authorized
body.
Article 910. Procedure for execution of a decree on suspension
or prohibition of activity
1. Authorized civil servant shall suspend work of organizations, separate
enterprises, shall prohibit operation of buildings, constructions, separate premises,
warehouses, electric networks, heating devices in part or in full.
2. After receipt of a decision on prohibition of activity (liquidation) of a legal
entity, the body carrying out registration of legal entities shall check compliance with
the procedure for prohibition of activity (liquidation) provided by the legislation and
within ten days shall register termination of activity of the legal entity, whereat the
authorized body in the field of state statistics shall be notified.
Article 911. Execution of a decree on compulsory demolition
of a building 1. The court decree on compulsory demolition of illegally constructing or
constructed building shall be enforced by a person in respect of whom this
administrative sanction is issued.
2. In case of failure to execute administrative sanction imposed by a court in the
form of compulsory demolition of illegally constructing or constructed building on a
voluntary basis, the decree shall be enforced in the manner of execution proceeding by
the authorized body.
Article 912. Costs for execution of a decree on compulsory
demolition of a building
Compulsory demolition of illegally constructed or constructing building shall be
carried out on account of an offender.
Article 913. Execution of a decree on administrative arrest
1. The court decree on administrative arrest shall be enforced by internal affairs
bodies and bodies of military police in the manner established by the legislation of the
Republic of Kazakhstan.
2. Persons subjected to administrative arrest shall be detained under custody at
the places determined by internal affairs bodies. Upon execution of a decree on
administrative arrest, the arrested persons shall be subject to personal inspection.
Military servants shall serve administrative arrest in detention quarters.
3. Service of administrative arrest shall be carried out in accordance with the
rules established by the legislation of the Republic of Kazakhstan.
Article 914. Consequences of avoidance from serving
administrative arrest If the person subjected to administrative arrest willfully leaves the place of his
(her) service until expiration of the term of administrative arrest, the served sentence
may be disregarded in term of administrative arrest in full or in part by a judge’s
decree. By this, the judge shall establish beginning of new term for serving
administrative arrest.
Article 915. Execution of a decree in a part of compensation
of property damage
The decree on a case on administrative infraction in a part of compensation of
property damage subjected to recovery in accordance with Article 59 of this Code shall
be enforced in the manner established by the legislation.
Article 916. Execution of a decree on administrative expulsion
of foreign persons and stateless persons from the Republic
of Kazakhstan
1. Execution of a decree on administrative expulsion of foreign persons and
stateless persons from the Republic of Kazakhstan shall be carried out by controlled
independent departure of expelled person from the Republic of Kazakhstan.
Costs for expulsion shall be incurred by expelled illegal immigrants, individuals
or legal entities that invited the immigrant to the Republic of Kazakhstan. In cases of
absence or insufficiency of funds of mentioned persons for covering the costs for
expulsion, the financing of the relevant events shall be performed on account of budget
funds.
In accordance with international treaties ratified by the Republic of Kazakhstan,
the organization responsible for transportation of persons from the territory of the
Republic of Kazakhstan that entered without the right of entry is the transport
organization that brought these persons.
2. The persons that did not execute a court decision on expulsion and that did not
leave the territory of the Republic of Kazakhstan within the term stated in the
decision, shall be subject to expulsion in compulsory manner under the court decision.
3. If the transfer of expelled person to a representative of foreign state is not
provided by the treaty of the Republic of Kazakhstan with mentioned state, the expulsion
shall be carried out at the place determined by the Frontier Service of the National
Security Committee of the Republic of Kazakhstan.
4. Upon expulsion of foreign persons or stateless persons from the check point
through the State Border of the Republic of Kazakhstan, the authorities of a foreign
state to (through) the territory of which the mentioned person is expelled shall be
notified, if the expulsion is provided by a treaty of the Republic of Kazakhstan with
mentioned state.
5. Execution of a decree on administrative expulsion shall be drawn up in the form
of bilateral or unilateral act.
Article 917. Bodies carrying out execution of a decree on
administrative expulsion of foreign persons and stateless
persons from the Republic of Kazakhstan
The decree on administrative expulsion of foreign persons or stateless persons
from the Republic of Kazakhstan shall be executed:
1) by the Frontier Service of the National Security Committee of the Republic of
Kazakhstan upon commission of infractions provided by Articles 513 (part two), 514 (part
two), 516 (part two), 517 (parts two, four, six, seven) of this Code;
2) internal affairs bodies upon commission of infractions provided by Articles
109, 449 (part three), 490 (parts three, seven), 495 (part two), 517 (parts two, four,
five) of this Code.
Footnote. Article 917 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
Article 918. Execution of a decree on testing of knowledge
of road traffic rules
The decree on testing of knowledge of road traffic rules shall be enforced by
internal affair bodies in the manner established by the legislation.
Chapter 53. FINAL PROVISIONS
Article 919. Procedure for application of this Code The decrees on a case on administrative infraction of a court, body (civil
servants) authorized to consider cases on administrative infractions issued and not
executed before entering of this Code into force for the purpose of their bringing in
compliance with Article 5 of this Code establishing retroactive effect of the Law on
administrative infractions in the case when the Law mitigates or aggravates the
liability for an administrative infraction or otherwise improves the position of a
person that committed the administrative infraction, shall be subject to review. Review
of previously issued decrees shall be carried out by a judge of the court, civil servant
of the body, that issued the decree upon application of a person in respect of whim it
was issued.
Article 920. Order of entering of this Code into force
1. From the date of entering of this Code into force, it shall be deemed to have
lost force:
Code of the Republic of Kazakhstan on administrative infractions dated 30 January
2001 (The bulletin of the Parliament of the Republic of Kazakhstan, 2001, No. 5-6,
Article 24; No. 17-18, Article 241; No. 21-22, Article 281; 2002, No. 4, Article 33; No.
17, Article 155; 2003, No. 1-2, Article 3; No. 4, Article 25; No. 5, Article 30; No. 11,
Article 56, 64, 68; No. 14, Article 109; No. 15, Article 122, 139; No. 18, Article 142;
No. 21-22, Article 160; No. 23, Article 171; 2004, No. 6, Article 42; No. 10, Article
55; No. 15, Article 86; No. 17, Article 97; No. 23, Article 139, 140; No. 24, Article
153; 2005, No. 5, Article 5; No. 7-8, Article 19; No. 9, Article 26; No. 13, Article 53;
No. 14, Article 58; No. 17-18, Article 72; No. 21-22, Article 86, 87; No. 23, Article
104; 2006, No. 1, Article 5; No. 2, Article 19, 20; No. 3, Article 22; No. 5-6, Article
31; No. 8, Article 45; No. 10, Article 52; No. 11, Article 55; No. 12, Article 72, 77;
No. 13, Article 85, 86; No. 15, Article 92, 95; No. 16, Article 98, 102; No. 23, Article
141; 2007, No. 1, Article 4; No. 2, Article 16, 18; No. 3, Article 20, 23; No. 4,
Article 28, 33; No. 5-6, Article 40; No. 9, Article 67; No. 10, Article 69; No. 12,
Article 88; No. 13, Article 99; No. 15, Article 106; No. 16, Article 131; No. 17,
Article 136, 139, 140; No. 18, Article 143, 144; No. 19, Article 146, 147; No. 20,
Article 152; No. 24, Article 180; 2008, No. 6-7, Article 27; No. 12, Article 48, 51; No.
13-14, Article 54, 57, 58; No. 15-16, Article 62; No. 20, Article 88; No. 21, Article
97; No. 23, Article 114; No. 24, Article 126, 128, 129; 2009, No. 2-3, Article 7, 21;
No. 9-10, Article 47, 48; No. 13-14, Article 62, 63; No. 15-16, Article 70, 72, 73, 74,
75, 76; No. 17, Article 79, 80, 82; No. 18, Article 84, 86; No. 19, Article 88; No. 23,
Article 97, 115, 117; No. 24, Article 121, 122, 125, 129, 130, 133, 134; 2010, No. 1-2,
Article 1, 4, 5; No. 5, Article 23; No. 7, Article 28, 32; No. 8, Article 41; No. 9,
Article 44; No. 11, Article 58; No. 13, Article 67; No. 15, Article 71; No. 17-18,
Article 112, 114; No. 20-21, Article 119; No. 22, Article 128, 130; No. 24, Article 146,
149; 2011, No. 1, Article 2, 3, 7, 9; No. 2, Article 19, 25, 26, 28; No. 3, Article 32;
No. 6, Article 50; No. 8, Article 64; No. 11, Article 102; No. 12, Article 111; No. 13,
Article 115, 116; No. 14, Article 117; No. 16, Article 128, 129; No. 17, Article 136;
No. 19, Article 145; No. 21, Article 161; No. 24, Article 196; 2012, No. 1, Article 5;
No. 2, Article 9, 11, 13, 14, 16; No. 3, Article 21, 22, 25, 26, 27; No. 4, Article 32;
No. 5, Article 35, 36; No. 8, Article 64; No. 10, Article 77; No. 12, Article 84, 85;
No. 13, Article 91; No. 14, Article 92, 93, 94; No. 15, Article 97; No. 20, Article 121;
No. 23-24, Article 125; 2013, No. 1, Article 2, 3; No. 2, Article 10, 11, 13; No. 4,
Article 21; No. 7, Article 36; No. 8, Article 50; No. 9, Article 51; No. 10-11, Article
54, 56; No. 13, Article 62, 63, 64; No. 14, Article 72, 74, 75; No. 15, Article 77, 78,
79, 81, 82; No. 16, Article 83; No. 23-24, Article 116; 2014, No. 1, Article 6, 9; No.
2, Article 10, 11; No. 3, Article 21; No. 4-5, Article 24; No. 7, Article 37; No. 8,
Article 44, 46, 49; the Law of the Republic of Kazakhstan dated 10 June 2014 “On
amendments and supplements in several legislative acts of the Republic of Kazakhstan on
the issues of counteractions of legitimization (laundering) of incomes received by
illegal means, and financing of terrorism” published in newspapers “Yegemen Kazakhstan”
and “Kazakhstanskaya pravda” on 14 June 2014.
2. This Code enters into legal force from 1 January 2015 with the exception of
subparagraph 8) of part five of Article 281 and subparagraph 6) of part three of article
282 that enter into force from 1 January 2016.
Footnote. Article 920 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 No. 272-V (shall be enforced from 01.01.2015).
The President
of the Republic of Kazakhstan N.NAZARBAYEV
© 2012. Republican Center of Legal Information of the Ministry of Justice RSE on the basis of
economic control rights
Әкімшілік құқық бұзушылық туралы
Мұрағаттық версия
Қазақстан Республикасының Кодексі 2014 жылғы 5 шілдедегі № 235-V ҚРЗ
РҚАО-ның ескертпесі!
Осы Кодекстің қолданысқа енгізілу тәртібін 920-баптан қараңыз.
РҚАО-ның ескертпесі!
Кодекстің бүкіл мәтіні бойынша:
«салық органына», «салық органдарына», «салық органдарының», «салық
органында», «салық органының», «салық органы», «салық органдарындағы», салық
органын», «салық органдарын», «салық қызметі органдары», «салық қызметі
органдарының», «салық қызметі органының», «салық қызметі органы», «салық қызметі
органдарына», «салық қызметінің органдары», «салық қызметінің органы» деген сөздер
тиісінше «мемлекеттік кіріс органына», «мемлекеттік кіріс органдарына»,
«мемлекеттік кіріс органдарының», «мемлекеттік кіріс органында», «мемлекеттік кіріс
органының», «мемлекеттік кіріс органы», «мемлекеттік кіріс органдарындағы»,
«мемлекеттік кіріс органын», «мемлекеттік кіріс органдарын», «мемлекеттік кіріс
органдары», «мемлекеттік кіріс органдарының», «мемлекеттік кіріс органының»,
«мемлекеттік кіріс органы», «мемлекеттік кіріс органдарына», «мемлекеттік кіріс
органдары», «мемлекеттік кіріс органы» деген сөздермен ауыстырылды;
«кеден органынан», «кеден органының», «кеден органын», «кеден органына»,
«кеден органы», «кеден органдары», «кеден органдарының» деген сөздер тиісінше
«мемлекеттік кіріс органынан», «мемлекеттік кіріс органының», «мемлекеттік кіріс
органын», «мемлекеттік кіріс органына», «мемлекеттік кіріс органы», «мемлекеттік
кіріс органдары», «мемлекеттік кіріс органдарының» деген сөздермен ауыстырылды - ҚР
29.12.2014 № 272-V Заңымен (01.01.2015 бастап қолданысқа енгізіледі).
МАЗМҰНЫ
1-БӨЛІМ. ЖАЛПЫ ЕРЕЖЕЛЕР
1-тарау. ӘКІМШІЛІК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ ЗАҢНАМА
1-бап. Қазақстан Республикасының әкiмшiлiк құқық бұзушылық
туралы заңнамасы
1. Қазақстан Республикасының әкiмшiлiк құқық бұзушылық туралы заңнамасы осы
Кодекстен тұрады.
2. Осы Кодекс Қазақстан Республикасының Конституциясына, халықаралық құқықтың
жалпы танылған қағидаттары мен нормаларына негiзделедi.
3. Әкімшілік-деликтік құқықтық қатынастарды реттейтін Қазақстан
Республикасының халықаралық шарттық және өзге де міндеттемелері, сондай-ақ
Қазақстан Республикасы Конституциялық Кеңесінің және Жоғарғы Сотының нормативтік
қаулылары әкімшілік құқық бұзушылық туралы заңнаманың құрамдас бөлігі болып
табылады.
4. Қазақстан Республикасы ратификациялаған халықаралық шарттар осы Кодекс
алдында басымдыққа ие болады және халықаралық шарттан оны қолдану үшiн заң шығаруды
талап ету туындайтын жағдайлардан басқа кезде, тiкелей қолданылады. Егер Қазақстан
Республикасы ратификациялаған халықаралық шартта Қазақстан Республикасының
әкiмшiлiк құқық бұзушылық туралы заңнамасында көзделгеннен өзгеше қағидалар
белгiленсе, онда халықаралық шарттың қағидалары қолданылады.
2-бап. Әкiмшiлiк жауаптылықтың негiзi
Осы Кодекстiң Ерекше бөлiгінде көзделген құқық бұзушылық құрамының барлық
белгiлерi бар іс-әрекет жасау әкiмшiлiк жауаптылықтың негiзi болып табылады.
3-бап. Қазақстан Республикасының әкiмшiлiк құқық бұзушылық
үшiн жауаптылық туралы заңнамасының кеңiстiк
тұрғысынан қолданылуы
1. Қазақстан Республикасының аумағында әкiмшiлiк құқық бұзушылық жасаған
тұлға осы Кодекс бойынша жауаптылыққа жатады.
2. Қазақстан Республикасының аумағында басталған немесе жалғасқан не
аяқталған іс-әрекет Қазақстан Республикасының аумағында жасалған әкiмшiлiк құқық
бұзушылық деп танылады. Осы Кодекстiң күшi Қазақстан Республикасының континенттiк
қайраңында және айрықша экономикалық аймағында жасалған әкiмшiлiк құқық
бұзушылықтарға да қолданылады.
3. Қазақстан Республикасының портына тiркелген және Қазақстан Республикасының
шегiнен тыс ашық судағы немесе әуе кеңiстiгiндегі кемеде әкiмшiлiк құқық бұзушылық
жасаған тұлға, егер Қазақстан Республикасының халықаралық шартында өзгеше
көзделмесе, осы Кодекс бойынша әкiмшiлiк жауаптылыққа жатады. Қазақстан
Республикасының әскери кемесiнде немесе әскери әуе кемесiнде әкiмшiлiк құқық
бұзушылық жасаған тұлға да оның тұрған жерiне қарамастан, осы Кодекс бойынша
әкiмшiлiк жауаптылықта болады.
4. Шет мемлекеттердiң дипломатиялық өкiлдерi және иммунитетті пайдаланатын
өзге де шетелдіктер Қазақстан Республикасының аумағында құқық бұзушылық жасаған
жағдайда осы адамдардың әкiмшiлiк жауаптылығы туралы мәселе халықаралық құқық
нормаларына сәйкес шешiледi.
4-бап. Қазақстан Республикасының әкiмшiлiк құқық бұзушылық
үшiн жауаптылық туралы заңнамасының уақыт
тұрғысынан қолданылуы
1. Әкiмшiлiк құқық бұзушылық жасаған тұлға осы құқық бұзушылық жасалған
уақытта қолданылған заңнаманың негiзiнде жауаптылыққа жатады.
2. Осы Кодекстiң Ерекше бөлiгінде көзделген іс-әрекеттiң жүзеге асырылған
уақыты, салдардың басталған уақытына қарамастан, әкiмшiлiк құқық бұзушылық жасалған
уақыт деп танылады.
5-бап. Әкiмшiлiк құқық бұзушылық туралы заңның керi күшi
1. Әкiмшiлiк құқық бұзушылық үшiн әкімшілік жауаптылықты жеңілдететін немесе
оның күшін жоятын не әкімшілік құқық бұзушылық жасаған тұлғаның жағдайын өзге түрде
жақсартатын заңның керi күшi болады, яғни осы заң қолданысқа енгізілгенге дейін
жасалған және әкімшілік жаза қолдану туралы қаулы орындалмаған құқық бұзушылыққа
қолданылады.
2. Әкiмшiлiк құқық бұзушылық үшiн әкімшілік жауаптылықты белгiлейтiн немесе
күшейтетiн немесе тұлғаның жағдайын өзге түрде нашарлататын заңның керi күшi
болмайды.
Ескерту. 5-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
2-тарау. ӘКІМШІЛІК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ ЗАҢНАМАНЫҢ МІНДЕТТЕРІ
МЕН ҚАҒИДАТТАРЫ
6-бап. Әкiмшiлiк құқық бұзушылық туралы заңнаманың
мiндеттерi
1. Әкiмшiлiк құқық бұзушылық туралы заңнаманың міндеттері – адамның және
азаматтың құқықтарын, бостандықтары мен заңды мүдделерiн, халықтың денсаулығын,
санитариялық-эпидемиологиялық саламаттылығын, қоршаған ортаны, қоғамдық
имандылықты, меншiктi, қоғамдық тәртiпті және қауiпсiздiктi, мемлекеттiк билiктi
және мемлекеттік басқаруды жүзеге асырудың белгiленген тәртiбiн, ұйымдардың заңмен
қорғалатын құқықтары мен мүдделерiн әкiмшiлiк құқық бұзушылықтардан қорғау, сондай-
ақ олардың жасалуының алдын алу.
2. Осы мiндеттi жүзеге асыру үшiн әкiмшiлiк құқық бұзушылық туралы заңнама
әкiмшiлiк жауаптылықтың негiздерi мен қағидаттарын белгiлейдi, қандай іс-
әрекеттердiң әкiмшiлiк құқық бұзушылықтар болып табылатынын және оларды жасағаны
үшiн қолданылатын жаза түрлерiн, сондай-ақ әкiмшiлiк құқық бұзушылық жасаған
тұлғаға қандай әкiмшiлiк жаза қолданылуы, қай мемлекеттiк органның (лауазымды
адамның) және қандай тәртiппен қолдануы мүмкiн екенiн айқындайды.
7-бап. Әкiмшiлiк құқық бұзушылық туралы заңнама
қағидаттарының маңызы
Әкiмшiлiк құқық бұзушылық туралы заңнама қағидаттарының маңызы мынада: оларды
бұзу, оның сипаты мен мәнiне қарай, iс бойынша болған iс жүргізуді жарамсыз деп
тануға, осындай iс жүргiзудiң барысында шығарылған шешiмдердiң күшiн жоюға не осы
тұрғыда жиналған материалдарды дәлелдеу күшi жоқ деп тануға әкеп соғады.
8-бап. Заңдылық
1. Әкiмшiлiк құқық бұзушылықтар, әкімшілік жаза шаралары, әкiмшiлiк құқық
бұзушылық туралы iс бойынша іс жүргізуді қамтамасыз ету шаралары және әкiмшiлiк-
құқықтық ықпал ету шаралары осы Кодекспен ғана айқындалады. Осы Кодексте
белгіленген негіздер мен тәртіптен өзгеше ретте, ешкім де әкімшілік жазаға,
әкiмшiлiк-құқықтық ықпал ету шараларына немесе әкiмшiлiк құқық бұзушылық туралы iс
бойынша іс жүргізуді қамтамасыз ету шараларына тартыла алмайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттiк берілген сот,
органдар (лауазымды адамдар) әкiмшiлiк құқық бұзушылық туралы істер бойынша iс
жүргiзу кезiнде Қазақстан Республикасы Конституциясының, осы Кодекстiң, осы
Кодекстiң 1-бабында көрсетілген өзге де нормативтiк құқықтық актiлердiң талаптарын
дәлме-дәл сақтауға мiндеттi. Қазақстан Республикасы Конституциясының жоғары заңды
күшi бар және Қазақстан Республикасының бүкiл аумағында ол тiкелей қолданылады.
Қазақстан Республикасының заңында және Конституциясында белгiленген қағидалар
арасында қайшылықтар болған жағдайда Конституцияның ережелерi қолданылады.
3. Соттар адамның және азаматтың Қазақстан Республикасының Конституциясында
бекітіп берілген құқықтары мен бостандықтарына қысым жасалатын заңдар мен өзге де
нормативтiк құқықтық актiлердi қолдануға құқылы емес. Егер сот қолданылуға тиісті
заң немесе өзге де нормативтiк құқықтық акт адамның және азаматтың Конституцияда
бекітіп берілген құқықтары мен бостандықтарына қысым жасайды деп тапса, ол iс
бойынша iс жүргiзудi тоқтата тұруға және осы актiнi конституциялық емес деп тану
туралы ұсынумен Қазақстан Республикасының Конституциялық Кеңесіне жүгiнуге
мiндеттi. Сот Конституциялық Кеңестiң шешiмiн алғаннан кейін iс бойынша iс жүргiзу
қайта басталады.
Әкімшілік құқық бұзушылық туралы істерді қарауға уәкілеттік берілген
соттардың және органдардың (лауазымды адамдардың) конституциялық емес деп танылған
заңға немесе өзге де нормативтік құқықтық актіге негізделген шешімдері орындалуға
жатпайды.
4. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттiк берілген
соттың, органдардың (лауазымды адамдардың) әкiмшiлiк құқық бұзушылық туралы iстер
бойынша іс жүргiзу кезiнде заңды бұзуына жол берiлмейдi және заңда белгiленген
жауаптылыққа, қабылданған актiлердiң жарамсыз деп танылуына және олардың күшiнiң
жойылуына әкеп соғады.
9-бап. Заң мен сот алдындағы теңдiк
Әкiмшiлiк құқық бұзушылық туралы iстер бойынша іс жүргізу барысында заң мен
сот алдында бәрі тең. Тегіне, әлеуметтiк, лауазымдық және мүлiктiк жағдайына,
жынысына, нәсiлiне, ұлтына, тіліне, дiнге көзқарасына, нанымына, тұрғылықты жерiне
байланысты немесе кез келген өзге де мән-жайлар бойынша ешкімді ешқандай кемсітуге
болмайды.
10-бап. Кiнәсiздiк презумпциясы
1. Өзiне қатысты әкiмшiлiк құқық бұзушылық туралы iс қозғалған тұлға өз
кiнәсi осы Кодексте көзделген тәртiппен дәлелденгенге және өз өкiлеттiктері шегiнде
iстi қараған судьяның, органның (лауазымды адамның) заңды күшiне енген қаулысымен
белгiленгенге дейін кiнәсiз деп есептеледi.
2. Ешкiм де өзiнiң кiнәсiздiгiн дәлелдеуге мiндеттi емес.
3. Кiнәлiлiкке келтiрiлген кез келген күмәндар өзiне қатысты әкiмшiлiк құқық
бұзушылық туралы iс қозғалған тұлғаның пайдасына түсiндiрiледi. Әкiмшiлiк құқық
бұзушылық туралы заңнаманы қолдану кезiнде туындайтын күмәндар да оның пайдасына
шешiлуге тиiс.
11-бап. Кiнә қағидаты
1. Жеке тұлға кiнәсi анықталған құқық бұзушылықтары үшiн ғана әкiмшiлiк
жауаптылыққа жатады. Жеке тұлғаның кiнәсiз зиян келтiргені үшiн объективтi кiнә
тағуға, яғни әкiмшiлiк жауаптылыққа жол берiлмейдi.
2. Қасақана немесе абайсызда іс-әрекет жасаған жеке тұлға әкiмшiлiк құқық
бұзушылыққа кінәлі деп танылады.
12-бап. Әкiмшiлiк жауаптылыққа қайта тартуға жол бермеу
Ешкiмдi де нақ сол бiр құқық бұзушылық үшiн әкімшілік жауаптылыққа екi рет
тартуға болмайды.
13-бап. Iзгiлiк қағидаты
Құқық бұзушылық жасаған адамға қолданылатын әкiмшiлiк жаза дене азабын
келтіруді немесе адами қадiр-қасиетті қорлауды мақсат тұтпайды.
14-бап. Жеке басқа қол сұғылмаушылық
1. Осы Кодексте белгiленген негiздер мен тәртiптен өзгеше ретте, ешкiмді де
әкiмшiлiк ұстап алуға, күштеп әкелуге, iшкi iстер органдарына (полицияға) немесе
басқа да мемлекеттiк органдарға жеткiзуге, жеке басын жете тексеруге және жеке
тұлғаның заттарын жете тексеруге немесе әкімшілік құқық бұзушылық туралы iс бойынша
іс жүргізуді қамтамасыз етудің өзге де шараларын қолдануға болмайды.
2. Осы Кодексте белгіленген жағдайларда және тәртіппен судьяның қаулысы
бойынша ғана әкімшілік жазалау шарасы ретінде әкімшілік қамаққа алу қолданылуы
мүмкін.
3. Әрбiр ұстап алынған, күштеп әкелінген, iшкi iстер органдарына (полицияға)
немесе басқа да мемлекеттiк органға жеткiзiлген адамға ұстап алудың, күштеп
әкелудiң, жеткiзудiң негiздерi, сондай-ақ жасалуы оған тағылып отырған әкiмшiлiк
құқық бұзушылықтың заңдық саралануы дереу хабарланады.
4. Мемлекеттiк орган (лауазымды адам) заңсыз ұстап алынған, күштеп әкелiнген,
жеткiзiлген немесе судья қаулысында көзделген мерзімнен артық әкімшілік қамаққа
алуда болған адамды дереу босатуға мiндеттi.
5. Әкiмшiлiк құқық бұзушылық туралы iске қатысушы адамдардың ешқайсысын
азаптауға, оларға күш қолдануға, қатыгездiкпен немесе адами қадiр-қасиетiн
қорлайтындай қарауға болмайды.
6. Әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзу процесiнде тұлғаның
не оның өкiлiнiң еркiне қарсы жеке басқа қол сұғылмаушылықты бұзатын әрекеттер
жасау тек осы Кодексте тiкелей көзделген жағдайларда және тәртiппен ғана мүмкiн
болады.
7. Өзіне қатысты әкімшілік жазалау шарасы ретінде әкімшілік қамаққа алу
таңдалған адамды, сондай-ақ әкімшілік ұстап алынған адамды ұстау оның өмiрi мен
денсаулығына қатер төндірмейтін жағдайларда жүзеге асырылуға тиiс.
8. Заңсыз әкімшілік қамаққа алудың, өмiрi мен денсаулығына қауіпті
жағдайларда ұстаудың, оған қатыгездiкпен қараудың салдарынан жеке тұлғаға
келтiрiлген зиян заңда көзделген тәртiппен өтелуге жатады.
15-бап. Жеке бастың абыройы мен қадiр-қасиетiн құрметтеу
1. Әкiмшiлiк құқық бұзушылық туралы iстер бойынша іс жүргiзу кезiнде iске
қатысатын адамның абыройын қорлайтын немесе қадiр-қасиетiн кемсiтетiн шешімдер мен
әрекеттерге тыйым салынады, жеке өмiр туралы мәлiметтердi, сол сияқты адам құпия
сақталуы қажет деп есептейтiн жеке және іскерлік сипаттағы мәлiметтердi осы
Кодексте көзделмеген мақсаттар үшiн жинауға, пайдалануға және таратуға жол
берiлмейдi.
2. Әкiмшiлiк құқық бұзушылық туралы iстер бойынша іс жүргiзу барысында
соттың, басқа да мемлекеттiк органдар мен лауазымды адамдардың заңсыз әрекеттерiмен
адамға келтiрiлген моральдық зиян заңда белгiленген тәртiппен өтелуге жатады.
16-бап. Жеке өмiрге қол сұғылмаушылық және құпияны қорғау
Жеке өмiр, жеке бас, отбасы құпиясы, коммерциялық және заңмен қорғалатын өзге
де құпия заңның қорғауында болады. Әркiмнiң жеке салымдары мен жинақ ақшасының,
жазысқан хаттарының, телефон арқылы сөйлескен сөздерінің, пошта, телеграф арқылы
және өзге хабарларының құпиясына құқығы бар. Әкiмшiлiк құқық бұзушылық туралы іс
бойынша iс жүргiзу барысында осы құқықтарды шектеуге заңда тiкелей белгiленген
жағдайларда және тәртiппен ғана жол берiледi.
17-бап. Меншiкке қол сұғылмаушылық
1. Меншiкке заңмен кепiлдiк берiледi. Сот шешiмiнсiз ешкiмдi өз мүлкiнен
айыруға болмайды.
2. Меншікке қол сұға отырып, мүлiк пен құжаттарды алып қою; көлiк құралын,
шағын көлемді кеменi басқарудан шеттету; көлiк құралын, шағын көлемді кеменi ұстап
алу; көлiк құралдарын, шағын көлемді кемелердi жете тексеру; аумақтарды, үй-
жайларды, көлiк құралдарын, тауарларды, өзге де мүлiктi, сондай-ақ тиiстi
құжаттарды қарап-тексеру, әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзуді
қамтамасыз етудің өзге де шараларын қолдану осы Кодексте көзделген жағдайларда және
тәртiппен ғана жүргiзiлуi мүмкiн.
18-бап. Әкімшілік құқық бұзушылық туралы істерді қарауға
уәкілеттік берілген соттың (судьяның) және
органның (лауазымды адамның) тәуелсiздiгi
Әкімшілік құқық бұзушылық туралы істерді қарауға уәкілеттік берілген соттар
(судьялар) және органдар (лауазымды адамдар) оларды өздерiне сырттан ықпал етуге
болмайтын жағдайларда шешедi. Әкімшілік құқық бұзушылық туралы істерді қарауға
уәкілеттік берілген соттың (судьяның) және органның (лауазымды адамның) қызметiне
қандай да болсын араласуға жол берiлмейдi және ол заңда белгіленген жауаптылыққа
әкеп соғады.
19-бап. Куә айғақтарын беру мiндетiнен босату
1. Ешкiм өзiне-өзi, жұбайына (зайыбына) және заңмен айқындалған шектегi
өзінің жақын туыстарына қарсы айғақ беруге мiндеттi емес.
2. Дiни қызметшiлер өздерiне сенiп сырын ашқандарға қарсы куә болуға мiндеттi
емес.
3. Осы баптың бiрiншi және екiншi бөлiктерiнде көзделген жағдайларда аталған
адамдар айғақтар беруден бас тартуға құқылы және бұл үшiн қандай да болсын
жауаптылыққа тартыла алмайды.
20-бап. Бiлiктi заң көмегiне құқықтарды қамтамасыз ету
1. Әркiмнiң әкiмшiлiк iс жүргiзу барысында осы Кодекстің ережелеріне сәйкес
бiлiктi заң көмегiн алуға құқығы бар.
2. Заңда көзделген жағдайларда заң көмегi тегiн көрсетiледi.
21-бап. Әкiмшiлiк құқық бұзушылық туралы істер бойынша іс
жүргiзудiң жариялылығы
1. Сот, әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттiк берілген
органдар (лауазымды адамдар) осы iстер бойынша іс жүргiзудi ашық жүзеге асырады.
2. Заңға сәйкес жабық іс жүргізу мемлекеттiк құпиялар болып табылатын
мәлiметтерi бар iстерге қатысты, сондай-ақ сот, әкiмшiлiк құқық бұзушылық туралы
iстердi қарауға уәкiлеттiк берілген орган (лауазымды адам) iске қатысатын тұлғаның
бала асырап алудың құпиясын қамтамасыз ету, жеке басы, отбасы құпиясын,
коммерциялық немесе заңмен қорғалатын өзге де құпияны, жеке тұлғалар өмiрiнiң ішкі
сырлары туралы мәлiметтердi сақтау қажет екендігiне не ашық талқылауға кедергi
келтiретiн өзге де мән-жайларға сiлтеме жасаған өтiнiшхатын қанағаттандырған кезде
жүзеге асырылады.
3. Жеке тұлғалардың жеке жазысқан хаттары мен жеке телеграф хабарлары өзара
хат жазысқан және телеграф хабарларын алмасқан адамдардың келiсімiмен ғана ашық iс
жүргiзу кезінде жария етiлуi мүмкiн. Бұлай болмаған жағдайда осы адамдардың жеке
жазысқан хаттары мен жеке телеграф хабарлары жабық iс жүргiзу кезінде жария етiледi
және зерттеледi. Көрсетілген қағидалар жеке сипаттағы мәлiметтерді қамтитын фото-
және киноқұжаттарды, дыбыс және бейне жазбаларды, электрондық жеткізгіштердегі
ақпаратты зерттеген кезде де қолданылады.
4. Iске қатысатын тұлғалардың және ашық iс жүргiзу кезінде қатысып отыратын
жеке тұлғалардың iс жүргiзу жүзеге асырылып жатқан үй-жайда өздері отырған
орындардан iстің жүргiзілу барысын жазбаша түрде немесе аудиожазбаны пайдалана
отырып жазып алуға құқығы бар. Iс жүргiзу барысында кино- және фототүсірілімге,
бейнежазбаға, радио, теледидар және интернет-ресурстар бойынша трансляциялауға
соттың, әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттiк берілген
органның (лауазымды адамның) рұқсаты бойынша, iске қатысатын тұлғалардың пiкiрi
ескеріле отырып, жол берiледi. Бұл әрекеттер iстiң қалыпты жүргізілу барысына
кедергі келтірмеуге тиiс және оларға уақыт жағынан шектеу қойылуы мүмкiн.
22-бап. Iс жүргiзу барысында қауiпсiздiктi қамтамасыз ету
Әкiмшiлiк құқық бұзушылық туралы iстер бойынша іс жүргiзу соттың, әкiмшiлiк
құқық бұзушылық туралы істерді қарауға уәкiлеттiк берілген органның (лауазымды
адамның) қалыпты жұмысын және iс жүргiзуге қатысушылардың қауiпсiздiгiн қамтамасыз
ететiн жағдайларда өтедi. Қауiпсiздiктi қамтамасыз ету мақсатында судья, лауазымды
адам іс бойынша iс жүргiзу кезiнде қатысып отырғысы келетін адамдарға тексеру
жүргізу, онымен қоса олардың жеке басын куәландыратын құжаттарын тексеру, жеке
басын жете тексеру және олар әкелген заттарды жете тексеру туралы өкiм бере алады.
23-бап. Процестік шешiмдерге дау айту және процестік
әрекеттерге шағым жасау еркіндігі
1. Әкiмшiлiк құқық бұзушылық туралы iстер жөніндегі хаттамаларды жасауға
уәкiлеттiк берілген органның (лауазымды адамның) әрекеттерiне шағым жасалуы мүмкін,
ал әкiмшiлiк құқық бұзушылық туралы iстерді қарауға уәкілеттік берілген соттың,
органның (лауазымды адамның) шешімдеріне осы Кодексте белгiленген тәртiппен дау
айтылуы мүмкін.
2. Iске қатысатын тұлғаның әкiмшiлiк құқық бұзушылық туралы iстер бойынша
қаулыларды осы Кодексте белгiленген тәртiппен қайта қаратуға құқығы бар.
3. Шағым берген тұлғаға зиян келетiндей етiп немесе соның мүддесінде шағым
берiлген тұлғаға зиян келетiндей етiп шағымды қарауға жол берiлмейдi.
24-бап. Адамның құқықтарын, бостандықтары мен заңды
мүдделерiн сот арқылы қорғау
1. Әркiмнiң өз құқықтары мен бостандықтарының сот арқылы қорғауға құқығы бар.
Мүдделi тұлға бұзылған немесе даулы құқықтарын, бостандықтарын немесе заңмен
қорғалатын мүдделерiн қорғау үшiн заңда белгiленген тәртiппен сотқа жүгiнуге
құқылы.
2. Прокурор өзiне жүктелген мiндеттердi жүзеге асыру мақсатында және жеке
тұлғалардың, ұйымдардың құқықтарын, қоғамдық және мемлекеттiк мүдделердi қорғау
үшiн талап қоюмен (арызбен) сотқа жүгiнуге құқылы.
3. Ешкiмге өзінің келiсiмiнсiз ол үшiн заңда көзделген соттылығын өзгертуге
болмайды.
4. Кәмелетке толмағандар немесе өзінің физикалық немесе психикалық жағдайына
байланысты өз құқықтарын өз бетінше жүзеге асыру мүмкіндігінен айырылғандар болып
табылатын, өзіне қатысты әкімшілік құқық бұзушылық туралы іс бойынша іс жүргізу
жүргізіліп жатқан тұлғаның немесе жәбірленушінің заңды өкіліне сот осы
Кодекстің 683-бабының бесінші бөлігінде көзделген құқықты түсіндіруге міндетті.
2-БӨЛIМ. ӘКІМШІЛІК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ЖӘНЕ ӘКІМШІЛІК ЖАУАПТЫЛЫҚ
ЖАЛПЫ БӨЛІК
3-тарау. ӘКІМШІЛІК ҚҰҚЫҚ БҰЗУШЫЛЫҚ
25-бап. Әкiмшiлiк құқық бұзушылық
1. Осы Кодексте сол үшін әкiмшiлiк жауаптылық көзделген, жеке тұлғаның
құқыққа қарсы, кiнәлi (қасақана немесе абайсызда жасаған) әрекетi не әрекетсiздiгi
немесе заңды тұлғаның құқыққа қарсы әрекетi не әрекетсiздiгi әкiмшiлiк құқық
бұзушылық деп танылады.
2. Осы Кодекстiң Ерекше бөлiгiнiң баптарында көзделген құқық бұзушылықтар
үшiн, егер бұл құқық бұзушылықтар өзiнiң сипаты бойынша заңнамаға сәйкес қылмыстық
жауаптылыққа әкеп соқпаса, әкiмшiлiк жауаптылық туындайды.
26-бап. Әкiмшiлiк құқық бұзушылықты қасақана жасау
Егер әкiмшiлiк құқық бұзушылық жасаған жеке тұлға өзiнiң әрекетiнiң
(әрекетсiздiгiнiң) құқыққа қарсы сипатын сезiнсе, оның зиянды салдарын алдын ала
бiлсе және осы салдардың туындауын қаласа немесе оған саналы түрде жол берсе не
оларға немқұрайлы қараса, әкiмшiлiк құқық бұзушылық қасақана жасалды деп танылады.
27-бап. Әкiмшiлiк құқық бұзушылықты абайсызда жасау
Егер әкiмшiлiк құқық бұзушылық жасаған жеке тұлға өз әрекетiнiң
(әрекетсiздiгiнiң) зиянды салдарының туындау мүмкiндiгiн алдын ала бiлсе, бiрақ
жеткiлiктi негiзсiз олардың алдын алуға болады деп ұшқары ойласа не тиiстi назар
салған және көре білген жағдайда, олардың алдын алуға тиіс және солай ете алатын
болса да осындай салдардың туындау мүмкiндiгiн алдын ала бiлмесе, әкiмшiлiк құқық
бұзушылық абайсызда жасалды деп танылады.
4-тарау. ӘКIМШIЛIК ЖАУАПТЫЛЫҚ
28-бап. Әкiмшiлiк жауаптылыққа жататын тұлғалар
Әкiмшiлiк жауаптылыққа:
1) әкімшілік құқық бұзушылық аяқталған немесе оның жолын кескен кезде он алты
жасқа толған, ақыл-есi дұрыс жеке тұлға;
2) заңды тұлға жатады.
29-бап. Ақыл-естiң дұрыс еместігі
Осы Кодексте көзделген құқыққа қарсы іс-әрекет жасаған кезде ақыл-есi дұрыс
емес жағдайда болған, яғни өз әрекеттерiнiң (әрекетсiздiгiнiң) нақты сипаты мен
қауiптiлiгiн сезіне алмаған немесе оларды созылмалы психикалық ауруының,
психикасының уақытша бұзылуының, ақыл-есі кемдiгiнің немесе психикасының өзге де
сырқатты жай-күйiнiң салдарынан басқара алмаған жеке тұлға әкiмшiлiк жауаптылыққа
жатпайды.
30-бап. Лауазымды адамдардың әкiмшiлiк жауаптылығы
Лауазымды адам өз қызметтiк мiндеттерiн орындамауына немесе тиiсiнше
орындамауына байланысты әкiмшiлiк құқық бұзушылық жасалған жағдайда әкiмшiлiк
жауаптылыққа тартылады. Мұндай мән-жай болмаған кезде әкiмшiлiк құқық бұзушылықтың
жасалуына кiнәлi лауазымды адам жалпы негiздерде жауаптылыққа жатады.
Ескертпе. Осы Кодексте әкімшілік құқық бұзушылық жасалған кезде тұрақты,
уақытша немесе арнаулы өкiлеттiк бойынша билiк өкiлiнiң функцияларын жүзеге
асыратын немесе жүзеге асырған не әкімшілік құқық бұзушылық жасалған кезде
мемлекеттiк мекемелерде, квазимемлекеттік сектордың субъектілерінде, жергiлiктi
өзiн-өзi басқару органдарында ұйымдастырушылық-өкімдік немесе әкiмшiлiк-шаруашылық
функцияларды орындайтын немесе орындаған адамдар – лауазымды адамдар деп танылады.
31-бап. Құқық бұзушылық арнаулы техникалық құралдармен
тiркелген кездегi әкiмшiлiк жауаптылықтың
ерекшелiктерi
1. Әкiмшiлiк құқық бұзушылық сертификатталған арнаулы бақылау-өлшеу
техникалық құралдарымен және аспаптарымен тiркелген жағдайда, жол жүрiсi
саласындағы әкiмшiлiк құқық бұзушылықтар үшiн әкiмшiлiк жауаптылыққа көлiк
құралдарының меншiк иелерi (иелерi) тартылады.
2. Егер көлiк құралының меншiк иесiнiң (иесiнiң) хабарламасы немесе арызы
бойынша тексеру барысында құқық бұзушылық тiркелген кезде көлiк құралы иелiгiнде
болған тұлға анықталса не басқа тұлғалардың құқыққа қарсы әрекеттерiнiң нәтижесінде
көлiк құралына ие бола алмай қалса, осы көлiк құралының қатысуымен жасалған құқық
бұзушылық үшiн ол әкiмшiлiк жауаптылықтан босатылады.
Ескертпе.
Осы Кодекстiң баптарында көлiк құралын меншiк құқығымен иеленетiн жеке
тұлғалар, сондай-ақ жеке және заңды тұлғаларға тиесiлi көлiк құралдары уақытша
иелену мен пайдалануға берiлген жеке тұлғалар көлiк құралдарының иелерi деп
танылады.
Осы Кодекстiң баптарында сертификатталған арнаулы бақылау-өлшеу техникалық
құралдары мен аспаптары деп құқық бұзушылықтарды байқау мен тiркеудiң метрологиялық
салыстырып тексеруден өткен техникалық құралдары мен аспаптарын, құқық бұзушылықтың
жасалу фактiсi мен уақытын, көлiк құралының түрiн, маркасын, мемлекеттiк тiркеу
нөмiрi белгiсiн, сондай-ақ жүрiсiнiң жылдамдығы мен бағытын тiркейтiн фото-, бейне
аппаратураны түсiну қажет.
32-бап. Әскери қызметшiнің, прокурордың және тәртіптік
жарғылардың не арнайы ережелердің күші
қолданылатын өзге де адамдардың өздері әкімшілік
құқық бұзушылықтар жасағаны үшін әкiмшiлiк
жауаптылығы
1. Әскери қызметшiлер мен әскери жиында жүрген әскери мiндеттiлер, осы
Кодекстiң 652 және 680-баптарында көзделген жағдайларды қоспағанда, қызметтік
міндеттерін атқару кезінде жасаған әкiмшiлiк құқық бұзушылықтары үшiн тәртiптiк
жарғылар бойынша жауаптылықта болады. Арнаулы мемлекеттік және құқық қорғау
органдарының қызметкерлерi қызметтік міндеттерін атқару кезінде жасаған әкiмшiлiк
құқық бұзушылықтары үшiн тиiстi органдарда қызмет өткеру тәртiбiн регламенттейтiн
нормативтiк құқықтық актiлерге сәйкес жауаптылықта болады.
2. Қазақстан Республикасының Мемлекеттiк шекарасы режимiн, Қазақстан
Республикасының Мемлекеттiк шекарасы және Кеден одағының кедендiк шекарасы
арқылы өткiзу пункттеріндегі режимдi, Қазақстан Республикасының мемлекеттік
құпияларды қорғау, халықтың санитариялық-эпидемиологиялық саламаттылығы саласындағы
заңнамасын, өрт қауiпсiздiгiнiң талаптарын, жол жүрісі қағидаларын, қызмет
орындарынан тыс жерде кеден қағидаларын, Қазақстан Республикасының бухгалтерлiк
есеп пен қаржылық есептiлiк туралы заңнамасын, Қазақстан Республикасының бюджет
және салық заңнамасын, Қазақстан Республикасының мемлекеттiк сатып алу туралы
заңнамасын, аң аулау, балық аулау қағидаларын, табиғи ресурстарды ұтымды пайдалану
мен қорғаудың басқа да қағидалары мен нормаларын бұзғаны үшiн осы баптың бірінші
бөлігінде аталған адамдар жалпы негiздер бойынша әкiмшiлiк жауаптылықта болады.
Аталған адамдарға атыс және суық қаруды алып жүру мен сақтау құқығынан айыру және
әкімшілік қамаққа алу түрiнде әкiмшiлiк жазалар қолдануға болмайды.
3. Мерзімді әскери қызметін өткеріп жүрген әскери қызметшілер мен әскери және
арнайы оқу орындарының курсанттарына әкімшілік айыппұл түріндегі әкімшілік жаза
қолданылмайды.
4. Әкімшілік жазаны қолдану құқығы берілген органдар (лауазымды адамдар) осы
баптың бірінші және үшінші бөліктерінде аталған адамдарға әкімшілік жазалар
қолданудың орнына кінәлілерді тәртіптік жауаптылыққа тарту туралы мәселені шешу
үшін тиісті органдарға құқық бұзушылықтар туралы материалдарды беруге тиіс.
Ескерту. 32-бапқа өзгеріс енгізілді - ҚР 07.11.2014 № 248-V (01.01.2015
бастап қолданысқа енгізіледі); 29.12.2014 № 272-V (01.01.2015 бастап қолданысқа
енгізіледі) Заңдарымен.
33-бап. Жекеше нотариустардың, жеке сот орындаушыларының,
адвокаттардың, дара кәсіпкерлердің және заңды
тұлғалардың әкiмшiлiк жауаптылығы
1. Жекеше нотариустар, жеке сот орындаушылары, адвокаттар, дара кәсіпкерлер
және заңды тұлғалар осы бөлiмнiң Ерекше бөлiгінде көзделген жағдайларда әкiмшiлiк
құқық бұзушылық үшiн әкiмшiлiк жауаптылыққа жатады.
2. Егер осы бөлімнің Ерекше бөлігінде көзделген іс-әрекетті (әрекетті не
әрекетсіздікті) заңды тұлғаны басқару функцияларын жүзеге асыратын орган, тұлға
немесе дара кәсіпкердің және заңды тұлғаның ұйымдастырушылық-өкімдік немесе
әкімшілік-шаруашылық функцияларын орындайтын қызметкері жасаса, рұқсат берсе,
мақұлдаса, дара кәсіпкерлер мен заңды тұлғалар әкімшілік құқық бұзушылық үшін
әкімшілік жауаптылыққа жатады.
3. Заңды тұлғаның дербес салық төлеушiлер болып табылатын және салық салу мен
кеден ісі саласында әкiмшiлiк құқық бұзушылықтар жасаған құрылымдық бөлiмшелерi
заңды тұлғалар ретiнде әкiмшiлiк жауаптылықта болады.
4. Дара кәсіпкерлер мен заңды тұлғаларды әкімшілік жауаптылыққа тарту дара
кәсіпкердің және заңды тұлғаның қызметкерін осы құқық бұзушылық үшін әкімшілік
жауаптылықтан босатады.
34-бап. Шетелдiктердiң, шетелдiк заңды тұлғалардың және
азаматтығы жоқ адамдардың әкiмшiлiк жауаптылығы
1. Қазақстан Республикасының аумағында, сондай-ақ Қазақстан Республикасының
континенттік қайраңында әкiмшiлiк құқық бұзушылықтар жасаған шетелдiктер, шетелдiк
заңды тұлғалар, олардың филиалдары мен өкілдіктері және азаматтығы жоқ адамдар
жалпы негiздерде әкiмшiлiк жауаптылыққа жатады.
2. Шетелдiк және халықаралық коммерциялық емес үкiметтiк емес бiрлестiктердiң
құрылымдық бөлiмшелерi (филиалдары мен өкiлдiктерi) Қазақстан Республикасының
қоғамдық бiрлестiктер туралы заңнамасын бұзғаны үшiн заңды тұлғалар ретiнде
әкiмшiлiк жауаптылықта болады.
3. Шет мемлекеттердiң дипломатиялық өкiлдерi және иммунитетті пайдаланатын
өзге де шетелдiктер Қазақстан Республикасының аумағында жасаған әкiмшiлiк құқық
бұзушылықтар үшiн әкiмшiлiк жауаптылық туралы мәселе халықаралық құқық нормаларына
сәйкес шешiледi.
5-тарау. ӘКIМШIЛIК ЖАУАПТЫЛЫҚТЫ БОЛҒЫЗБАЙТЫН МӘН-ЖАЙЛАР 35-бап. Қажеттi қорғану
1. Қажеттi қорғану жағдайында, яғни жеке басын, тұрғын үйiн, меншiгiн, жер
учаскесiн және қорғанушының немесе өзге де адамдардың басқа да құқықтарын, қоғамның
немесе мемлекеттiң заңмен қорғалатын мүдделерiне қол сұғушыға зиян келтiру арқылы
құқыққа қарсы қолсұғушылықтан қорғау кезiнде, егер бұл ретте қажеттi қорғанудың
шегiнен шығып кетуге жол берiлмеген болса, осы Кодексте көзделген іс-әрекеттi жасау
әкiмшiлiк құқық бұзушылық болып табылмайды.
2. Кәсiби немесе өзге де арнайы дайындығына және қызмет жағдайына қарамастан,
барлық адамдардың бiрдей дәрежеде қажеттi қорғаныс құқығы бар. Құқыққа қарсы
қолсұғушылықтан аулақ болу не басқа адамдарға немесе мемлекеттiк органдарға көмек
сұрап жүгiну мүмкiндiгiне қарамастан, адамға бұл құқық тиесiлi болады.
3. Қолсұғушылықтың сипатына және қауіптілік дәрежесiне қорғанудың айқын
сәйкес келмеуi, соның салдарынан қол сұғушыға жағдайдан туындамаған анық шектен тыс
зиян келтiру қажеттi қорғанудың шегiнен шығып кету деп танылады. Мұндай шектен
шығып кету тек қасақана зиян келтiрiлген жағдайларда ғана әкiмшiлiк жауаптылыққа
әкеп соғады.
4. Құқыққа қарсы қолсұғушылықтан туындаған үрейдiң, қорқудың немесе
сасқалақтап қалудың салдарынан қажеттi қорғану шегiнен шығып кеткен адам әкiмшiлiк
жауаптылыққа жатпайды.
36-бап. Қолсұғушылық жасаған адамды ұстап алу
1. Құқыққа қарсы қолсұғушылық жасаған адамды ұстап алу кезiнде, осы адамды
мемлекеттiк органдарға жеткiзу және оның жаңа қолсұғушылықтар жасау мүмкіндігінің
жолын кесу үшiн, егер мұндай адамды өзге құралдармен ұстап алу мүмкiн болмаса және
бұл ретте осы үшiн қажеттi шараларды асыра қолдануға жол берiлмесе, осы Кодексте
көзделген іс-әрекеттi жасау әкiмшiлiк құқық бұзушылық болып табылмайды.
2. Қолсұғушылық жасаған адамды ұстап алу үшiн қажеттi шараларды асыра қолдану
деп адамға қажеттiлiктен асып, жағдайдан туындамаған, анық шектен тыс зиян
келтiрген кезде, олардың ұстап алынған адам жасаған қолсұғушылықтың сипаты мен
қауiп дәрежесiне және ұстап алудың мән-жайларына анық сәйкес келмеуi танылады.
Мұндай асыра қолдану тек қасақана зиян келтiру жағдайларында ғана әкiмшiлiк
жауаптылыққа әкеп соғады.
3. Қолсұғушылық жасаған адамды ұстап алу құқығына оған арнаулы уәкiлеттiк
берілген тұлғалармен қатар жәбiрленушiлер мен басқа жеке тұлғалар да ие болады.
37-бап. Аса қажеттiлiк
1. Аса қажеттiлiк жағдайында, яғни аталған адамның немесе өзге де адамдардың
өмiрiне, денсаулығына, құқықтары мен заңды мүдделерiне, қоғамның немесе мемлекеттiң
мүдделерiне тiкелей қатер төндiретiн қауiптi жою үшiн осы Кодекспен қорғалатын
мүдделерге зиян келтiру, егер бұл қауiптi өзге құралдармен жою мүмкiн болмаса және
бұл ретте аса қажеттiлiктің шегiнен шығып кетуге жол берiлмесе, әкiмшiлiк құқық
бұзушылық болып табылмайды.
2. Аса қажеттiлiктің шегiнен шығып кету деп қатер төндiрген қауiптiң сипаты
мен дәрежесiне және қауiп жойылған, құқық қорғау мүдделерiне тең немесе зиянды
болғызбаудан айтарлықтай көбiрек зиян келтiрген жағдайға анық сәйкес келмейтiн зиян
келтiру танылады. Мұндай шектен шығып кету тек қасақана зиян келтiру жағдайларында
ғана жауаптылыққа әкеп соғады.
38-бап. Күштеп немесе психикалық мәжбүрлеу
1. Күштеп немесе психикалық мәжбүрлеу нәтижесiнде, егер мұндай мәжбүрлеу
салдарынан адам өз әрекеттерiн (әрекетсiздiгiн) басқара алмаса, осы Кодексте
көзделген іс-әрекеттi жасау әкiмшiлiк құқық бұзушылық болып табылмайды.
2. Психикалық мәжбүрлеу нәтижесiнде, сондай-ақ күштеп мәжбүрлеу нәтижесiнде,
адам соның салдарынан өз әрекеттерiн басқару мүмкiндiгiн сақтаса, осы Кодекспен
қорғалатын мүдделерге зиян келтiрiлгендiгi үшiн әкiмшiлiк жауаптылық туралы мәселе
осы Кодекстiң 37-бабының ережелерi ескерiле отырып шешiледi.
39-бап. Бұйрықты немесе өкiмдi орындау
1. Өзi үшiн мiндеттi бұйрықты немесе өкiмдi орындау үшiн әрекет еткен адамның
осы Кодексте көзделген іс-әрекеттi жасауы әкiмшiлiк құқық бұзушылық болып
табылмайды. Мұндай іс-әрекеттiң жасалуына заңсыз бұйрық немесе өкiм берген адам
әкiмшiлiк жауаптылықта болады.
2. Көрiнеу заңсыз бұйрықты немесе өкiмдi орындауы үшін қасақана әкiмшiлiк
құқық бұзушылық жасаған тұлға жалпы негiздерде әкiмшiлiк жауаптылықта болады.
Көрiнеу заңсыз бұйрықты немесе өкiмдi орындамау әкiмшiлiк жауаптылықты болғызбайды.
6-тарау. ӘКIМШIЛIК ЖАЗА ЖӘНЕ ӘКIМШIЛIК-ҚҰҚЫҚТЫҚ ЫҚПАЛ ЕТУ
ШАРАЛАРЫ 40-бап. Әкiмшiлiк жаза ұғымы және мақсаттары
1. Әкiмшiлiк жаза, осыған заңмен уәкiлеттiк берiлген судья, органдар
(лауазымды адамдар) әкiмшiлiк құқық бұзушылық жасағаны үшiн қолданатын мемлекеттiк
мәжбүрлеу шарасы болып табылады және мұндай құқық бұзушылық жасаған тұлғаны
құқықтары мен бостандықтарынан осы Кодексте көзделгендей айыруды немесе олардың
шектелуін қамтиды.
2. Әкiмшiлiк жаза құқық бұзушылықты жасаған тұлғаны заңнама талаптарын сақтау
және құқық тәртiбiн құрметтеу рухында тәрбиелеу, сондай-ақ құқық бұзушының өзiнiң
де, басқа тұлғалардың да жаңа құқық бұзушылықтар жасауының алдын алу мақсатында
қолданылады.
3. Әкiмшiлiк жаза әкiмшiлiк құқық бұзушылық жасаған тұлғаға дене азабын
келтіруді немесе адами қадiр-қасиетiн қорлауды, сондай-ақ заңды тұлғаның iскерлiк
беделiне зиян келтіруді мақсат тұтпайды.
4. Әкiмшiлiк жаза мүлiктiк залалдың орнын толтыру құралы болып табылмайды.
Әкiмшiлiк құқық бұзушылықтан келтiрiлген зиянның орны осы Кодекстiң 59-бабында
көзделген тәртiппен толтырылады.
41-бап. Әкiмшiлiк жаза түрлерi
1. Әкiмшiлiк құқық бұзушылықтар жасағаны үшiн мынадай әкiмшiлiк жазалар
қолданылуы мүмкін:
1) ескерту жасау;
2) әкiмшiлiк айыппұл;
3) әкiмшiлiк құқық бұзушылықты жасау құралы не нысанасы болған затты, сол
сияқты әкiмшiлiк құқық бұзушылық жасау салдарынан алынған мүлiктi тәркiлеу;
4) арнайы құқықтан айыру;
5) рұқсаттан айыру немесе оның қолданылуын тоқтата тұру, сондай-ақ тiзiлiмнен
алып тастау;
6) қызметті тоқтата тұру немесе оған тыйым салу;
7) заңсыз тұрғызылып жатқан немесе тұрғызылған құрылысты мәжбүрлеп бұзу;
8) әкімшілік қамаққа алу;
9) шетелдікті немесе азаматтығы жоқ адамды Қазақстан Республикасының шегінен
әкімшілік жолмен шығарып жіберу.
2. Әкiмшiлiк құқық бұзушылықтар жасағаны үшiн заңды тұлғаларға осы баптың
бiрiншi бөлiгiнiң 1) – 5) және 7) тармақшаларында санамаланған әкiмшiлiк жазалар,
сондай-ақ заңды тұлғаның қызметiн немесе қызметiнiң жекелеген түрлерiн тоқтата тұру
немесе оған тыйым салу қолданылуы мүмкiн.
42-бап. Әкiмшiлiк жазалардың негiзгi және қосымша шаралары
1. Ескерту жасау, әкiмшiлiк айыппұл, әкімшілік қамаққа алу негiзгi әкiмшiлiк
жазалар ретiнде ғана қолданылуы мүмкiн.
2. Арнайы құқықтан айыру, рұқсаттан айыру не оның қолданылуын тоқтата тұру,
сондай-ақ тізілімнен алып тастау, қызметтi немесе оның жекелеген түрлерiн тоқтата
тұру немесе оған тыйым салу, сондай-ақ шетелдіктерді немесе азаматтығы жоқ
адамдарды Қазақстан Республикасының шегінен әкiмшiлiк жолмен шығарып жіберу
негiзгi, сол сияқты қосымша әкiмшiлiк жазалар ретiнде қолданылуы мүмкiн.
3. Тәркілеу, заңсыз тұрғызылып жатқан немесе тұрғызылған құрылысты мәжбүрлеп
бұзу қосымша әкімшілік жаза ретінде ғана қолданылуы мүмкін.
43-бап. Ескерту жасау
Ескерту жасау әкiмшiлiк жаза қолдануға уәкiлеттiк берілген органның
(лауазымды адамның) жасалған құқық бұзушылыққа ресми түрде терiс баға беруiнен және
жеке немесе заңды тұлғаны құқыққа қарсы мiнез-құлыққа жол беруге болмайтындығы
туралы сақтандырудан тұрады. Ескерту жазбаша нысанда шығарылады.
44-бап. Әкiмшiлiк айыппұл
1. Әкiмшiлiк айыппұл (бұдан әрi – айыппұл) – осы бөлiмнiң Ерекше бөлiгінiң
баптарында көзделген жағдайларда және шекте әкiмшiлiк құқық бұзушылық үшiн
салынатын, әкімшілік құқық бұзушылық туралы іс қозғалған кезде қолданыста болған
заңға сәйкес белгiленетiн айлық есептiк көрсеткiштiң белгiлi бiр мөлшерiне сәйкес
келетiн мөлшерде ақша өндiрiп алу.
Осы бөлiмнiң Ерекше бөлiгiнiң баптарында көзделген жағдайларда айыппұл
мөлшерi:
1) қоршаған ортаға келтiрiлген зиян сомасының;
2) орындалмаған немесе тиiсiнше орындалмаған салық мiндеттемесi сомасының;
3) төленбеген (аударылмаған), уақтылы және (немесе) толық төленбеген
(аударылмаған) әлеуметтiк аударымдар сомасының;
4) аударылмаған, уақтылы және (немесе) толық есептелмеген, ұсталмаған (есепке
жазылмаған) және (немесе) төленбеген (аударылмаған) мiндеттi зейнетақы жарналары
мен міндетті кәсіптік зейнетақы жарналары сомасының;
5) заңсыз кәсiпкерлiк нәтижесiнде алынған акцизделетiн тауарлар құны
сомасының;
6) Қазақстан Республикасының бухгалтерлiк есеп пен қаржылық есептiлiк
туралы заңнамасының талаптарына сәйкес есепке алынбаған не тиiсінше есепке
алынбаған соманың;
7) Қазақстан Республикасының қаржы заңнамасын бұза отырып жасалған
(жүргiзiлген) мәмiле (операция) сомасының;
8) монополистiк қызметтi жүзеге асыру немесе Қазақстан Республикасының электр
энергетикасы туралы, табиғи монополиялар және реттелетiн нарықтар туралы
заңнамасын, қаржы нарығының және қаржы ұйымдарының қызметiн реттейтiн Қазақстан
Республикасының заңнамасын бұзу нәтижесiнде алынған кіріс (түсiм) сомасының;
9) құқық бұзушылық жасалған, бiрақ бiр жылдан аспайтын кезеңде бекiтiлген
нормативтерден тыс пайдаланылған энергетикалық ресурстар құнының;
10) есепке жатқызылмаған ұлттық және шетел валютасы сомасының пайызымен
көрсетiледi.
Егер осы бөлiмнiң Ерекше бөлiгiнiң баптарында көзделген айыппұл мөлшерi
Қазақстан Республикасының қаржы заңнамасының нормаларын бұза отырып жүргiзiлген
операция сомасының пайызымен көрсетiлсе және мұндай операция шетел валютасымен
жүргiзiлсе, айыппұл сомасын теңгемен қайта есептеу әкiмшiлiк құқық бұзушылық туралы
хаттама жасалған кезде Қазақстан Республикасының Ұлттық Банкi белгiлеген ресми
бағам бойынша жүзеге асырылады.
2. Жеке тұлғаға салынатын айыппұлдың мөлшерін бес жүз айлық есептiк
көрсеткiштен асыруға болмайды.
Лауазымды адамға, жекеше нотариусқа, жеке сот орындаушысына, адвокатқа, шағын
кәсіпкерлік субъектілеріне, сондай-ақ коммерциялық емес ұйымдарға салынатын
айыппұлдың мөлшерiн жеті жүз елу айлық есептiк көрсеткiштен асыруға болмайды.
Орта кәсiпкерлiк субъектiлеріне салынатын айыппұлдың мөлшерiн бір мың айлық
есептiк көрсеткiштен асыруға болмайды.
Iрi кәсiпкерлiк субъектiлеріне салынатын айыппұлдың мөлшерiн екi мың айлық
есептiк көрсеткiштен асыруға болмайды.
3. Осы баптың бiрiншi бөлiгiнiң екiншi абзацына сәйкес есептелген айыппұл осы
бапта көрсетiлген айыппұлдардың белгiленген мөлшерлерiнен асатын немесе одан кем
мөлшерде белгiленуi мүмкiн.
4. Осы Кодекстiң 729-бабына сәйкес аудандық маңызы бар қалалардың,
ауылдардың, кенттердiң, ауылдық округтердiң әкiмдерi салатын айыппұлдарды
қоспағанда, айыппұл заңнамада белгiленген тәртiппен мемлекеттiк бюджет кiрiсiне
өндiрiп алынады.
Ескерту. 44-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 271-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
45-бап. Әкiмшiлiк құқық бұзушылық жасау құралы не нысанасы
болған затты, сондай-ақ әкiмшiлiк құқық бұзушылық
жасау салдарынан алынған мүлiктi тәркiлеу
1. Әкiмшiлiк құқық бұзушылық жасау құралы не нысанасы болған затты, сондай-ақ
әкiмшiлiк құқық бұзушылық жасау салдарынан алынған мүлiктi тәркiлеу оларды
заңнамада белгiленген тәртiппен мемлекет меншiгiне мәжбүрлеп өтеусiз айналдырудан
тұрады.
Меншiк иесiне қайтарып беруге жататын не айналымнан алынған затты әкiмшiлiк
құқық бұзушылық жасаған тұлғаның заңсыз иелiгiнен алып қою тәркiлеу болып
табылмайды. Айналымнан алынған зат мемлекет меншiгiне айналдыруға немесе жойылуға
жатады.
2. Егер осы Кодекстiң Ерекше бөлiгiнде өзгеше көзделмесе, құқық бұзушының
меншiгi болып табылатын зат қана тәркiлеуге жатады.
3. Аңшылық қаруды, оның оқ-дәрiлерiн және басқа да рұқсат етiлген аң аулау
және балық аулау құралдарын тәркiлеудi аң аулау (балық аулау) өмiр сүруiнiң негiзгi
заңды көзi болып табылатын адамдарға қолдануға болмайды.
4. Тәркiлеудi судья қолданады және бұл осы бөлiмнiң Ерекше бөлiгiнiң тиiстi
бабында әкiмшiлiк жаза ретiнде көзделген жағдайларда қолданылуы мүмкiн.
46-бап. Арнайы құқықтан айыру
1. Нақты адамға берілген арнайы құқықтан айыруды судья қолданады.
2. Арнайы құқықтан айыру мерзiмi бiр айдан кем болмауға және екi жылдан
аспауға тиiс.
3. Көлiк құралдарын басқару құқығынан айыру мерзiмi алты айдан кем болмауға
және он жылдан аспауға тиіс.
4. Көлiк құралдарын басқару құқығынан айыруды, масаң күйдi куәландырудан
белгiленген тәртiппен өтуден жалтару, сондай-ақ аталған адамдардың белгiленген
қағидаларды бұзып, өздерi қатысушысы болып табылған жол-көлiк оқиғасы болған жерден
кетiп қалу жағдайларын қоспағанда, бұл құралдарды мүгедектiгiне байланысты
пайдаланатын адамдарға қолдануға болмайды.
5. Аң аулау, балық аулау құқығынан, аң аулау қаруын, оның оқ-дәрiлерiн және
балық аулау құралдарын сақтау мен алып жүру құқығынан айыруды, осы құқықты
пайдалану тәртiбiн үнемi бұзуды қоспағанда, аң аулау (балық аулау) өмiр сүруiнiң
негiзгi заңды көзi болып табылатын адамдарға қолдануға болмайды.
47-бап. Рұқсаттан айыру не оның қолданылуын тоқтата тұру,
сондай-ақ тiзiлiмнен алып тастау
1. Рұқсаттан айыруды судья осы баптың үшінші, төртінші және бесінші
бөліктерінің ережелерін ескере отырып, қызметтi жүзеге асыру не рұқсатта көзделген
белгiлi бiр әрекеттердi (операцияларды) жасау кезiнде жасалған әкiмшiлiк құқық
бұзушылық үшiн қолданады.
2. Рұқсаттың қолданылуын тоқтата тұру алты айға дейiнгi мерзiмге белгiленедi.
3. Кредиттiк бюроның рұқсатынан айыруды қоспағанда, қаржы саласындағы
қызметтi және қаржы ресурстарын шоғырландырумен байланысты қызметтi жүзеге асыруға
рұқсатты тоқтата тұруды не одан айыруды Қазақстан Республикасының заңдарында
белгiленген негiздер бойынша және тәртiппен Қазақстан Республикасының Ұлттық Банкі
жүзеге асырады.
4. Тiзiлiмнен алып тастауды Қазақстан Республикасының кеден заңнамасында
белгiленген негiздер бойынша және тәртiппен кеден iсi саласындағы уәкiлеттi орган
және Қазақстан Республикасының жол жүрiсi қауiпсiздiгi саласындағы заңнамасында
белгiленген негiздер бойынша және тәртiппен көлiк және коммуникация саласындағы
уәкiлеттi орган, сондай-ақ жол жүрісі қауіпсіздігін қамтамасыз ету жөніндегі
уәкілетті орган жүзеге асырады.
5. Микроқаржы ұйымдарының тiзiлiмiнен алып тастауды Қазақстан Республикасының
микроқаржы ұйымдары туралы заңнамасында белгiленген негiздер бойынша және тәртiппен
Қазақстан Республикасының Ұлттық Банкi жүзеге асырады.
Ескертпе. Осы Кодекстің мақсаттары үшін рұқсаттан айыру не оның қолданылуын
тоқтата тұру деп белгiлi бiр қызмет түрiне не белгiлi бiр әрекет жасауға
лицензиядан, арнайы рұқсаттан, бiлiктiлiк аттестатынан (куәлiгінен), сондай-ақ
«Рұқсаттар және хабарламалар туралы» Қазақстан Республикасының Заңында көзделген
өзге де рұқсат беру құжатынан айыру не оның қолданылуын тоқтата тұру түсініледі.
48-бап. Қызметті немесе оның жекелеген түрлерiн тоқтата
тұру немесе оған тыйым салу
1. Қызметті немесе оның жекелеген түрлерін тоқтата тұру немесе оған тыйым
салу жеке және (немесе) заңды тұлғалардың, оның ішінде заңды тұлғалардың
филиалдарының, өкілдіктерінің, құрылымдық бөлімшелерінің, өндірістік учаскелердің
қызметін уақытша тоқтатуды немесе қызметіне немесе оның жекелеген түрлеріне тыйым
салуды, сондай-ақ агрегаттарды, ғимараттар мен құрылыстарды пайдалануға, қызметтің
(жұмыстардың), қызметтер көрсетудің жекелеген түрлерін жүзеге асыруды уақытша
тоқтатуды немесе тыйым салуды қамтиды.
2. Қызметті немесе оның жекелеген түрлерiн тоқтата тұру немесе оған тыйым
салу, егер әкімшілік құқық бұзушылық жасағаны үшін қызметті тоқтата тұру не оған
тыйым салу түрінде санкция тағайындау мүмкін болса, әкiмшiлiк құқық бұзушылық
туралы iстердi қарауға уәкiлеттiк берілген органның (лауазымды адамның)
материалдарының негізінде сот тәртiбiмен ғана жүргiзiледi. Мұндай істерді қарауды
сот он тәулік ішінде жүзеге асырады.
3. Қызметтi немесе оның жекелеген түрлерiн тоқтата тұруды сот үш айға дейінгі
мерзімге белгілейді.
4. Сотта іс қаралғанға дейін жеке немесе заңды тұлғаға осы Кодекстің 801-
бабында көзделген тәртіппен қызметтi немесе оның жекелеген түрлерiн тоқтата тұру
немесе оған тыйым салу түрінде қамтамасыз ету шарасы қолданылуы мүмкін. Бұл
жағдайда қызметтi немесе оның жекелеген түрлерiн тоқтата тұру немесе оған тыйым
салу мерзімі, егер әкімшілік жазалаудың бұл шарасын сот қолданса, қызметтi немесе
оның жекелеген түрлерiн тоқтата тұру немесе оған тыйым салу мерзіміне қосылады.
49-бап. Заңсыз тұрғызылып жатқан немесе тұрғызылған
құрылысты мәжбүрлеп бұзу
Заңсыз тұрғызылып жатқан немесе тұрғызылған құрылысты мәжбүрлеп бұзуды судья
осы бөлiмнiң Ерекше бөлiгiнiң баптарында көзделген жағдайларда тағайындайды.
50-бап. Әкiмшiлiк қамаққа алу
1. Әкімшілік қамаққа алу - отыз тәулікке дейінгі, ал төтенше жағдайлар режимі
талаптарын бұзғаны үшін қырық бес тәулікке дейінгі мерзімге белгіленеді. Әкімшілік
қамаққа алуды судья айрықша жағдайларда осы бөлімнің Ерекше бөлігінде көзделген
шектерде тағайындайды.
2. Жүктi әйелдерге және он төрт жасқа дейiнгi балалары бар әйелдерге, он
сегiз жасқа толмаған адамдарға, 1 және 2-топтардағы мүгедектерге, сондай-ақ елу
сегiз жастан асқан әйелдер мен алпыс үш жастан асқан еркектерге әкiмшiлiк қамаққа
алуды қолдануға болмайды.
3. Әкiмшiлiк ұстап алу мерзiмi әкiмшiлiк қамаққа алу мерзiмiне қосылады.
Ескерту. 50-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
51-бап. Шетелдiктердi немесе азаматтығы жоқ адамдарды
Қазақстан Республикасының шегiнен әкiмшiлiк
жолмен шығарып жіберу
1. Шетелдiктерді немесе азаматтығы жоқ адамдарды Қазақстан Республикасының
шегiнен әкiмшiлiк жолмен шығарып жіберуді судья осы Кодекстiң Ерекше бөлiгiнде
көзделген тәртiппен және негiздер бойынша әкiмшiлiк жазалау шарасы ретiнде
қолданады.
Осы бөліктің ережелерi шетелдiктердi немесе азаматтығы жоқ адамдарды
Қазақстан Республикасының азаматтық iс жүргiзу заңнамасында көзделген тәртiппен
жүзеге асырылатын шығарып жiберу жағдайында қолданылмайды.
2. Егер әкiмшiлiк iс жүргiзу барысында өзіне қатысты Қазақстан
Республикасының шегiнен әкiмшiлiк жолмен шығарып жіберу түрiнде әкiмшiлiк жазалау
шарасы қолданылуы мүмкiн адам, Қазақстан Республикасының Қылмыстық кодексiне сәйкес
ауыр немесе аса ауыр қылмыс болып танылатын іс-әрекеттің өзiне қатысты жасалғаны
туралы хабарланған жағдайда, онда осы адамға қатысты әкiмшiлiк құқық бұзушылық
туралы iстi қарау Қазақстан Республикасы Қылмыстық-процестік кодексiнiң 179-бабында
белгiленген тәртiппен хабарлама немесе арыз бойынша шешiм қабылданғанға дейiн
кейiнге қалдырылады.
52-бап. Әкiмшiлiк-құқықтық ықпал ету шаралары
1. Әкiмшiлiк құқық бұзушылық жасаған тұлғаға осы тұлғаның жаңа құқық
бұзушылықтар жасауының алдын алу мақсатында мынадай әкiмшiлiк-құқықтық ықпал ету
шаралары қолданылуы мүмкiн:
1) жол жүрiсi қағидаларын бiлуiн тексеру;
2) құқық бұзушының мiнез-құлқына ерекше талаптар белгiлеу.
2. Осы баптың бiрiншi бөлiгiнде көрсетілген әкiмшiлiк құқықтық ықпал ету
шаралары әкiмшiлiк жаза қолданумен қатар, әкімшілік құқық бұзған адамды осы
Кодекстің 64-бабында көзделген негіздер бойынша әкімшілік жауаптылықтан босатқан
кезде оның орнына да қолданылуы мүмкін.
Ескерту. 52-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
53-бап. Жол жүрiсi қағидаларын бiлуiн тексеру
Осы Кодекстiң 590 (оныншы бөлiгiнде), 591 (екiншi бөлiгiнде),
592 (төртiншi бөлiгiнде), 593 (сегізiншi бөлiгiнде), 594 (төртінші бөлiгiнде), 595
(төртiншi бөлiгiнде), 596 (төртiншi бөлiгiнде), 597(бесінші және алтыншы
бөлiктерінде), 598 (үшiншi бөлiгiнде), 599 (екiншi бөлiгiнде), 600 (екiншi
бөлiгiнде), 601 (екiншi бөлiгiнде), 602 (екiншi бөлiгiнде), 613 (он үшiншi
бөлiгiнде)-баптарында көзделген құқық бұзушылықтарды жасаған көлiк құралдарының
жүргiзушiлерi жол жүрiсi қағидаларын бiлуiн тексеру үшiн емтихан тапсыруға
жiберiледi.
Жол жүрiсi қағидаларын бiлуiн тексеруге жiберу туралы қаулыны осы Кодекстiң
көрсетілген баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарауға
уәкiлеттiк берілген органдар (лауазымды адамдар) шығарады.
54-бап. Құқық бұзушының мiнез-кұлқына ерекше талаптар
белгiлеу
1. Әкiмшiлiк құқық бұзушылық туралы iс бойынша iс жүргiзуге қатысушылардың
және (немесе) iшкi iстер органдарының өтiнiшхаты бойынша әкiмшiлiк құқық бұзушылық
туралы iстi қарау кезiнде сот осы Кодекстiң 73, 128, 131, 436, 442, 461-баптарында
көзделген әкiмшiлiк құқық бұзушылықты жасаған адамның мiнез-құлқына үш айдан бiр
жылға дейiнгi мерзiмге:
1) жәбiрленушiнiң отбасының кәмелетке толмаған және (немесе) әрекетке
қабiлетсiз мүшелерiн қоса алғанда, жәбірленушінің еркiне қарамастан, оны
iздестiруге, оның iзiне түсуге, оған баруға, онымен ауызша, телефон арқылы
сөйлесуге және өзге де тәсiлдермен байланыс жасауға;
2) атыс қаруын және қарудың басқа да түрлерiн сатып алуға, сақтауға, алып
жүруге және пайдалануға;
3) кәмелетке толмағандардың құқықтарын қорғау жөніндегі комиссияның
рұқсатынсыз кәмелетке толмағандарға белгілі бір жерлерге баруына, басқа да жерлерге
шығуына толық көлемде немесе жеке-жеке тыйым салуды көздейтiн ерекше талаптар
белгiлеуi мүмкiн.
2. Отбасы-тұрмыстық қатынастар аясында әкiмшiлiк құқық бұзушылық жасаған
адамның мiнез-құлқына ерекше талаптар белгiленген кезде жәбiрленушi мен оның отбасы
мүшелерiн күзету және қорғау үшiн сот ерекше жағдайларда тұрмыстық зорлық-зомбылық
жасаған адамға осы адамның басқа да тұрғынжайы болған жағдайда, жәбiрленушiмен
бiрге жеке тұрғын үйде, пәтерде немесе өзге де тұрғынжайда тұруға тыйым салу
түрiнде әкiмшiлiк-құқықтық ықпал ету шарасын отыз тәулiкке дейiнгi мерзiмге
қолдануға құқылы.
3. Құқық бұзушының мiнез-құлқына ерекше талаптардың қолданылу мерзiмi iшiнде
оған профилактикалық әңгiмелесу үшiн айына бiр реттен төрт ретке дейiн iшкi iстер
органдарына келіп тұру мiндетi жүктелуi мүмкiн.
7-тарау. ӘКIМШIЛIК ЖАЗА ҚОЛДАНУ
55-бап. Әкiмшiлiк құқық бұзушылық үшiн жаза қолданудың
жалпы қағидалары
1. Әкiмшiлiк құқық бұзушылық үшiн әкімшілік жаза осы әкiмшiлiк құқық
бұзушылық үшiн осы бөлiмнiң Ерекше бөлiгiнiң бабында көзделген шекте осы Кодекстiң
ережелерiне дәл сәйкестiкте қолданылады.
2. Әкiмшiлiк жаза әдiл, құқық бұзушылықтың сипатына, оның жасалу мән-
жайларына, құқық бұзушының жеке басына сай келетiн болуға тиiс.
3. Жеке тұлғаға әкiмшiлiк жаза қолдану кезінде жасалған әкiмшiлiк құқық
бұзушылықтың сипаты, кiнәлiнiң жеке басы, оның iшiнде оның құқық бұзушылық
жасағанға дейiнгi және одан кейiнгi мiнез-құлқы, мүлiктiк жағдайы, жауаптылықты
жеңiлдететiн және ауырлататын
мән-жайлар ескерiледi.
4. Заңды тұлғаға әкiмшiлiк жаза қолдану кезінде әкiмшiлiк құқық бұзушылықтың
сипаты, мүлiктiк жағдайы, жауаптылықты жеңiлдететiн және ауырлататын мән-жайлар
ескерiледi.
5. Әкiмшiлiк жаза қолдану адамды, орындамағаны үшiн көрсетілген жаза
қолданылған мiндеттердi орындаудан, жол берiлген бұзушылықтарды жоюдан және залалды
өтеуден босатпайды.
6. Бiр әкiмшiлiк құқық бұзушылық үшiн бiр негiзгi не негiзгi және қосымша
әкiмшiлiк жазалар қолданылуы мүмкiн.
56-бап. Әкiмшiлiк құқық бұзушылық үшiн жауаптылықты
жеңiлдететiн мән-жайлар
1. Мыналар:
1) кiнәлi адамның өкiнуi;
2) әкiмшiлiк құқық бұзушылық жасаған тұлғаның құқық бұзушылықтың зиянды
салдарын болғызбауы, залалды өз еркiмен өтеуi немесе келтiрiлген зиянды жоюы;
3) әкiмшiлiк құқық бұзушылықты қатты жан толқынысының әсерiмен не жеке
басының немесе отбасының ауыр мән-жайлары салдарынан жасау;
4) әкiмшiлiк құқық бұзушылықты кәмелетке толмаған адамның жасауы;
5) әкiмшiлiк құқық бұзушылықты жүктi әйелдiң немесе он төрт жасқа дейiнгi
баласы бар әйелдiң жасауы;
6) әкiмшiлiк құқық бұзушылықты күшпен немесе психикалық мәжбүрлеу нәтижесiнде
жасау;
7) әкiмшiлiк құқық бұзушылықты қажеттi қорғаныстың заңдылық шарттарын бұзу,
құқыққа қарсы қолсұғушылық жасаған адамды ұстап алу, бұйрықты немесе өкiмдi орындау
кезiнде жасау;
8) әкiмшiлiк құқық бұзушылықты алғаш рет абайсызда жасау әкiмшiлiк құқық
бұзушылық үшiн жауаптылықты жеңiлдететiн мән-жайлар деп танылады.
2. Әкiмшiлiк құқық бұзушылық туралы iстi қарайтын сот (судья), орган
(лауазымды адам) осы баптың бiрiншi бөлiгiнде көрсетілмеген мән-жайларды да
жеңiлдететiн мән-жайлар деп тануы мүмкiн.
57-бап. Әкiмшiлiк құқық бұзушылық үшiн жауаптылықты
ауырлататын мән-жайлар
Мыналар:
1) прокурордың заңды түсiндiргенiне және (немесе) осыған уәкiлеттi
тұлғалардың оны тоқтату талабына қарамастан құқыққа қарсы
мiнез-құлықты жалғастыру;
2) бұрын бiртектi әкiмшiлiк құқық бұзушылығы үшiн әкiмшiлiк жазаға тартылған,
ол бойынша осы Кодекстiң 61-бабында көзделген мерзiмi өтпеген адамның оны бiр жыл
iшiнде қайталап жасауы;
3) кәмелетке толмаған адамды әкiмшiлiк құқық бұзушылыққа тарту;
4) кiнәлi адамға психикасының ауыр түрде бұзылуынан зардап шегетіні көрінеу
белгілі адамдарды не әкiмшiлiк жауаптылық туындайтын жасқа толмаған адамдарды
әкiмшiлiк құқық бұзушылық жасауға тарту;
5) ұлттық, нәсiлдiк және дiни өшпенділік немесе араздық уәжі бойынша, басқа
адамдардың заңды әрекеттерi үшiн кек алу, сондай-ақ басқа құқық бұзушылықты жасыру
немесе оны жасауды жеңiлдету мақсатында әкiмшiлiк құқық бұзушылық жасауы;
6) адамға немесе оның жақындарына қатысты осы адамның өзiнiң қызметтiк,
кәсiптiк немесе қоғамдық борышын орындауына байланысты әкiмшiлiк құқық бұзушылық
жасауы;
7) кiнәлi адамға жүктiлік жағдайда екені көрінеу белгілі әйелге қатысты,
сондай-ақ жас балаға, басқа да қорғансыз немесе дәрменсiз адамға не кiнәлi тұлғаға
тәуелдi адамға қатысты әкiмшiлiк құқық бұзушылық жасау;
8) адамдар тобының әкiмшiлiк құқық бұзушылық жасауы;
9) дүлей зілзала жағдайларында немесе басқа да төтенше жағдайлар кезiнде
әкiмшiлiк құқық бұзушылық жасау;
10) алкогольдік, есірткілік немесе уытқұмарлық масаң күйде әкiмшiлiк құқық
бұзушылық жасау әкiмшiлiк құқық бұзушылық үшiн жауаптылықты ауырлататын мән-жайлар
деп танылады. Әкiмшiлiк жаза қолданатын сот (судья), орган (лауазымды адам)
әкiмшiлiк құқық бұзушылықтың сипатына қарай осы мән-жайды ауырлататын мән-жай деп
танымауы мүмкiн.
58-бап. Бiрнеше әкiмшiлiк құқық бұзушылық жасалған кезде
әкiмшiлiк жазалар қолдану
1. Бiр адам екi немесе одан да көп әкiмшiлiк құқық бұзушылық жасаған кезде
әрбiр құқық бұзушылық үшiн жеке-жеке әкiмшiлiк жаза қолданылады.
2. Егер адам бірнеше әкімшілік құқық бұзушылықтар жасап, оларды сол бiр
судья, орган (лауазымды адам) қараса, онда бұл адамға сол бiр түрдегi жазалар
қолданылған жағдайда, жазаның түпкiлiктi мөлшерiн жазаның осы түрi үшiн осы
Кодексте белгiленген, үш еселенген ең жоғары шектен асыруға болмайды, ал әкiмшiлiк
қамаққа алу үшін осы Кодекстiң 50-бабының бірінші бөлігінде белгіленген мерзімнен
асыруға болмайды.
3. Егер әкімшілік айыппұлдар заңнамалық актілерде белгіленген, орындалмаған
немесе тиісінше орындалмаған салық міндеттемесі сомасының пайызымен көрсетілген
жағдайда, бұлар бірнеше әкімшілік құқық бұзушылық жасалғаны үшін салынған кезде
айыппұл әрбір құқық бұзушылық үшін жеке өндіріп алынады.
Ескерту. 58-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
59-бап. Әкiмшiлiк құқық бұзушылықтан келтiрiлген зиянды
өтеу
1. Судья мүлiктiк зиян келтiрілген әкiмшiлiк құқық бұзушылық туралы iстi
қарай келiп, әкiмшiлiк жаза қолдану туралы мәселенi шешкен кезде, егер мұндай
зиянның мөлшерi туралы дау болмаса, оны бiр мезгiлде өндiрiп алады.
Әкiмшiлiк құқық бұзушылықтан келтiрiлген мүлiктiк зиянның мөлшерi туралы
даулар азаматтық сот iсiн жүргiзу тәртiбiмен қаралады.
2. Өзге де уәкiлеттi органдар (лауазымды адамдар) қарайтын әкiмшiлiк құқық
бұзушылық туралы iстер бойынша мүлiктiк зиянды өтеу, кiнәлi тұлға оны өз еркiмен
өтеуден бас тартқан жағдайда, азаматтық сот iсiн жүргiзу тәртiбiмен жүргiзiледi.
3. Iскерлiк беделдi қорғау немесе әкiмшiлiк құқық бұзушылықтан келтiрiлген
моральдық зиянды өтеу туралы талаптар Қазақстан Республикасының Азаматтық
кодексiнде көзделген негiздер бойынша азаматтық сот iсiн жүргiзу тәртiбiмен
қаралады.
60-бап. Әкiмшiлiк жаза мерзiмдерiн есептеу
Әкімшілік қамаққа алу мерзімі тәуліктермен, ал жеке немесе заңды тұлғаға
берiлген арнайы құқықтан айыру, сондай-ақ рұқсаттан айыру не оның қолданылуын
тоқтата тұру мерзiмi жылдармен, айлармен немесе күнтiзбелiк күндермен есептеледi.
61-бап. Тұлға әкiмшiлiк жазаға тартылды деп есептелетiн
мерзiм
Әкiмшiлiк құқық бұзушылығы үшiн әкiмшiлiк жаза қолданылған тұлға әкiмшiлiк
жаза қолдану туралы қаулыны орындау аяқталған күннен бастап бiр жыл ішінде осы
жазаға тартылды деп есептеледi.
8-тарау. ӘКIМШIЛIК ЖАУАПТЫЛЫҚТАН ЖӘНЕ ӘКIМШIЛIК ЖАЗАДАН БОСАТУ
62-бап. Ескіру мерзiмінiң өтуiне байланысты әкiмшiлiк
жауаптылықтан босату
1. Осы Кодексте көзделген жағдайлардан басқа кезде, тұлға әкiмшiлiк құқық
бұзушылық жасалған күннен бастап екi ай өткеннен кейiн, ал қоршаған ортаны қорғау
саласында әкiмшiлiк құқық бұзушылық жасағаны үшiн – оны жасаған күннен бастап бiр
жыл өткеннен кейiн әкiмшiлiк жауаптылыққа тартылуға жатпайды.
2. Жеке тұлға әкiмшiлiк сыбайлас жемқорлық құқық бұзушылық, сондай-ақ салық
салу саласында, кеден ісі, Қазақстан Республикасының зейнетақымен қамсыздандыру
туралы, мiндеттi әлеуметтiк сақтандыру туралы, энергия үнемдеу және энергия
тиiмдiлiгiн арттыру туралы, мемлекеттік құпиялар, табиғи монополиялар мен
реттелетін нарықтар туралы заңнамасы және монополияға қарсы заңнама саласында құқық
бұзушылық жасағаны үшiн оны жасаған күннен бастап бiр жыл өткеннен кейiн әкiмшiлiк
жауаптылыққа тартылуға жатпайды, ал заңды тұлға (оның iшiнде дара кәсiпкер)
әкiмшiлiк сыбайлас жемқорлық құқық бұзушылық, сондай-ақ Қазақстан
Республикасының энергия үнемдеу және энергия тиiмдiлiгiн арттыру туралы заңнамасы
саласында құқық бұзушылық жасағаны үшiн оны жасаған күннен бастап үш жыл өткеннен
кейiн, ал салық салу саласында, кеден ісі, Қазақстан Республикасының зейнетақымен
қамсыздандыру туралы, мiндеттi әлеуметтiк сақтандыру, табиғи монополиялар және
реттелетін нарықтар туралы заңнамасы мен монополияға қарсы заңнама саласындағы
құқық бұзушылық үшiн оны жасаған күннен бастап бес жыл өткеннен кейiн әкiмшiлiк
жауаптылыққа тартылуға жатпайды.
3. Созылып кеткен әкiмшiлiк құқық бұзушылық кезiнде, сондай-ақ бюджеттiк
қатынастар саласында қоғамның және мемлекеттiң заңмен қорғалатын мүдделерiне қол
сұғылатын әкiмшiлiк құқық бұзушылық жасаған кезде тұлға әкiмшiлiк құқық бұзушылық
анықталған күннен бастап екi ай өткеннен кейін әкiмшiлiк жауаптылыққа тартылуға
жатпайды.
Қаржы саласында әкiмшiлiк құқық бұзушылық жасаған кезде тұлға әкiмшiлiк құқық
бұзушылық жасалған күннен бастап бес жылдан кешiктiрiлмей әкiмшiлiк жауаптылыққа
тартылуға жатады, бiрақ әкiмшiлiк құқық бұзушылық анықталған күннен бастап екi ай
өткеннен кейін әкiмшiлiк жауаптылыққа тартылмайды.
4. Осы баптың бiрiншi және үшiншi бөлiктерiнiң ережелерi әкiмшiлiк құқық
бұзушылық қылмыстық құқық бұзушылықтың жасалуына ықпал еткен және бұл туралы
қылмыстық iстi тергеп-тексеру немесе сот қарауы барысында белгілі болған
жағдайларға қолданылмайды. Сот Қазақстан Республикасының Қылмыстық-процестік
кодексiнiң 405-бабының бiрiншi бөлiгiнде көзделген тәртiппен мұндай құқық
бұзушылыққа кiнәлi тұлғаға, егер әкiмшiлiк құқық бұзушылық жасалған кезден бастап
бiр жылдан аспайтын уақыт өткен болса, әкiмшiлiк жаза қолдануға құқылы.
5. Әкiмшiлiк құқық бұзушылық үшiн әкiмшiлiк жаза қолдану мерзiмiнiң өтуі
сараптама тағайындалған, сондай-ақ iстi сот инстанцияларына немесе әкiмшiлiк құқық
бұзушылық туралы iстердi қарауға уәкiлеттiк берілген мемлекеттiк органның лауазымды
адамына жiберген кезден бастап тоқтатыла тұрады.
Бұл мерзiмдердi есептеу сараптама қорытындыларын алған кезден қайтадан
басталады.
6. Құқық бұзушының әрекеттерiнде әкiмшiлiк құқық бұзушылық белгiлерi болған
кезде қылмыстық iс тоқтатылған жағдайда, тұлға оны тоқтату туралы шешiм келіп
түскен күннен бастап үш айдан кешiктiрiлмей әкiмшiлiк жауаптылыққа тартылуы мүмкiн.
7. Егер осы баптың бiрiншi және үшiншi бөлiктерiнде көрсетілген мерзiмдер
өткенге дейiн тұлға жаңа әкiмшiлiк құқық бұзушылық жасаса, әкiмшiлiк құқық
бұзушылық үшiн жаза қолдану мерзiмiнiң өтуiне үзiлiс жасалады. Мұндай жағдайларда
мерзiмдi есептеу жаңа әкiмшiлiк құқық бұзушылық анықталған кезден басталады.
8. Судьяның немесе уәкiлеттi органның әкiмшiлiк iс жүргiзудi тоқтату туралы
қаулысы осы баптың бiрiншi бөлiгiнде көзделген мерзiмге қарамастан, ол заңды күшiне
енген күннен бастап бiр жыл iшiнде прокурордың наразылығы бойынша қайта қаралуы
мүмкiн.
Ескертпе. Осы бөлiмнiң Ерекше бөлiгiнiң бабында көзделген белгiлi бiр іс-
әрекеттiң бiрыңғай құрамының үздiксiз жүзеге асырылуымен сипатталатын және оны
анықтаған кезде аяқталмаған құқық бұзушылық созылып кеткен құқық бұзушылық деп
танылады.
63-бап. Әкiмшiлiк жауаптылықтан және әкiмшiлiк жазадан
рақымшылық жасау актiсi негiзiнде босату
1. Әкiмшiлiк құқық бұзушылық жасаған адам әкiмшiлiк жауаптылықтан немесе
қолданылған әкiмшiлiк жазадан рақымшылық жасау актiсi негiзiнде, егер көрсетілген
акт әкiмшiлiк жаза қолдануды жоятын болса, босатылуы мүмкiн.
2. Рақымшылық жасау туралы актiнi Қазақстан Республикасының Парламентi
жекелей анықталмаған адамдар тобына қатысты шығарады.
64-бап. Әкiмшiлiк жауаптылықтан тараптардың татуласуына
байланысты босату
1. Осы Кодекстiң 73, 79 (бірінші бөлігінде), 146, 185, 186, 220, 229 (екінші
бөлігінде)-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстер
жәбiрленушiнiң арызы бойынша ғана қозғалады және ол әкiмшiлiк құқық бұзушылық
жасаған тұлғамен татуласқаннан кейiн тоқтатылуға жатады.
2. Татуласу жәбiрленушi мен әкiмшiлiк құқық бұзушылық жасаған тұлға қол
қойған жазбаша келiсiм негiзiнде жүзеге асырылады.
9-тарау. КӘМЕЛЕТКЕ ТОЛМАҒАНДАРДЫҢ ӘКIМШIЛIК ЖАУАПТЫЛЫҒЫ
65-бап. Кәмелетке толмағандардың әкiмшiлiк жауаптылығы
1. Әкiмшiлiк құқық бұзушылық жасаған кезде он алты жасқа толған, бiрақ он
сегiзге толмаған адамдар осы тараудың күшi қолданылатын кәмелетке толмағандар деп
танылады.
2. Әкiмшiлiк құқық бұзушылық жасаған кәмелетке толмаған адамға тәрбиелiк
ықпал етудiң шаралары қолданыла отырып, әкiмшiлiк жаза қолданылуы мүмкiн.
66-бап. Кәмелетке толмағандарға әкiмшiлiк жазалар
қолданудың ерекшелiктерi
1. Кәмелетке толмаған адамға салынатын әкiмшiлiк айыппұлдың мөлшерiн осы
бөлімнің Ерекше бөлiгiнiң бабында көзделген айыппұл мөлшерiне қарамастан, он айлық
есептiк көрсеткiштен асыруға болмайды.
Кәмелетке толмаған адамның айыппұл төлеуге жеткiлiктi мүлкi болмаған
жағдайда, айыппұл ата-анасына немесе оларды алмастыратын адамдарға салынады.
2. Арнайы құқықтан айыру кәмелетке толмағандарға бiр жылдан аспайтын мерзiмге
қолданылуы мүмкiн.
3. Әкiмшiлiк жазалардың басқа да түрлерi (әкімшілік қамаққа алуды
қоспағанда), сондай-ақ осы Кодекстiң 41 және 52-баптарында көрсетілген әкiмшiлiк-
құқықтық ықпал ету шаралары кәмелетке толмағандарға жалпы негiздерде қолданылады.
67-бап. Кәмелетке толмаған адамға әкiмшiлiк жаза қолдану
1. Осы Кодекстiң 56 және 57-баптарында көзделген мән-жайлардан басқа кезде,
кәмелетке толмаған адамға әкiмшiлiк жаза қолдану кезінде оның өмiр сүру және
тәрбиелену жағдайлары, психикалық даму деңгейi, жеке басының өзге де ерекшелiктерi,
сондай-ақ оған жасы үлкен адамдардың әсер етуi ескерiледi.
2. Кәмелетке толмаған жас басқа да жеңiлдететiн және ауырлататын мән-жайлар
жиынтығында жеңiлдететiн мән-жай ретiнде ескерiледi.
68-бап. Кәмелетке толмағандарды әкiмшiлiк жауаптылықтан
және әкiмшiлiк жазадан босату
Әкiмшiлiк құқық бұзушылықты алғаш рет жасаған кәмелетке толмаған адамды сот,
әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттiк берілген орган
(лауазымды адам) оған заңнамада көзделген тәрбиелiк ықпал ету шараларын қолдана
отырып, әкiмшiлiк жауаптылықтан немесе тағайындалған әкiмшiлiк жазаны орындаудан
босатуы мүмкiн.
69-бап. Тәрбиелiк ықпал ету шаралары
1. Кәмелетке толмаған адамға мынадай тәрбиелiк ықпал ету шаралары
тағайындалуы мүмкiн:
1) заңды түсiндiру;
2) ата-анасының немесе оларды алмастыратын адамдардың не мамандандырылған
мемлекеттiк органның қадағалауына беру;
3) келтiрiлген зиянның есесін толтыру мiндетiн жүктеу;
4) кәмелетке толмаған адамдарды бос уақытын шектеу және мiнез-құлқына ерекше
талаптар белгiлеу.
2. Кәмелетке толмаған адамға бiр мезгiлде бiрнеше тәрбиелiк ықпал ету
шаралары тағайындалуы мүмкiн.
3. Осы баптың бiрiншi бөлiгiнiң 4) тармақшасында көзделген тәрбиелiк ықпал
ету шараларын қолдану мерзiмi үш айға дейiнгi ұзақтыққа белгiленедi.
4. Кәмелетке толмаған адам осы баптың бiрiншi бөлiгiнiң 4) тармақшасында
көзделген тәрбиелiк ықпал ету шараларын үнемі орындамаған жағдайда,
мамандандырылған мемлекеттiк орган, егер осы Кодекстiң 890-бабының бірінші
бөлігінде белгiленген ескіру мерзiмі өтпеген болса, бұл шараның күшiн жою және
кәмелетке толмаған адамды әкiмшiлiк жауаптылыққа тарту мәселесiн шешу үшiн
материалдарды сотқа ұсынады.
70-бап. Тәрбиелiк ықпал ету шараларының мазмұны
1. Заңды түсiндiру кәмелетке толмаған адамға оның іс-әрекетiмен келтiрiлген
зиянды және осы Кодексте көзделген құқық бұзушылықтарды қайталап жасаудың заңдық
салдарын түсiндiруден тұрады.
2. Қадағалауға беру ата-анаға немесе оларды алмастыратын адамдарға не
мамандандырылған мемлекеттiк органға кәмелетке толмаған адамға тәрбиелiк ықпал ету
және оның мінез-құлқына бақылау жасау жөнiндегi мiндеттердi жүктеуден тұрады.
3. Келтiрiлген зиянның есесін толтыру мiндетi кәмелетке толмаған адамның
мүлiктiк жағдайы және оның тиiстi еңбек дағдыларының болуы ескерiле отырып
жүктеледi.
4. Кәмелетке толмаған адамның бос уақытын шектеу және мінез-құлқына ерекше
талаптар белгiлеу белгiлi бiр орындарға баруға, бос уақытты өткiзудiң белгiлi бiр
нысандарын, оның iшiнде көлiк құралын басқарумен байланысты нысандарды пайдалануға,
тәулiктiң белгiлi бiр уақытынан кейiн үйден тыс жерде болуын шектеу, соттың не
әкімшілік құқық бұзушылық туралы істерді қарауға уәкілетті органның (лауазымды
адам) рұқсатынсыз басқа жерлерге шығуға тыйым салуды көздеуi мүмкiн. Кәмелетке
толмаған адамға қатысты құқық бұзушының мінез-құлқына осы Кодекстiң 54-бабында
көзделген ерекше талаптар белгiленуi, сондай-ақ оқуды аяқтау не кәмелетке
толмағандардың құқықтарын қорғау жөнiндегi комиссияның көмегiмен жұмысқа орналасу
талабы қойылуы мүмкiн.
71-бап. Ескіру мерзімдері
Осы Кодекстiң 62-бабында көзделген ескіру мерзiмдері кәмелетке толмағандарды
әкiмшiлiк жауаптылықтан немесе әкiмшiлiк жазаны орындаудан босату кезiнде жартысына
қысқартылады.
72-бап. Кәмелетке толмаған адам әкiмшiлiк жазаға тартылды
деп есептелетiн мерзiм
Әкiмшiлiк құқық бұзушылығы үшiн әкiмшiлiк жаза қолданылған кәмелетке толмаған
адам әкiмшiлiк жаза қолдану туралы қаулыны орындау аяқталған күннен бастап алты ай
iшiнде осы жазаға тартылды деп есептеледi.
ЕРЕКШЕ БӨЛIК
10-тарау. ЖЕКЕ БАСТЫҢ ҚҰҚЫҚТАРЫНА ҚОЛ СҰҒАТЫН ӘКIМШIЛIК ҚҰҚЫҚ
БҰЗУШЫЛЫҚТАР
73-бап. Отбасы-тұрмыстық қатынастар аясындағы құқыққа
қарсы әрекеттер
1. Құқық бұзушымен отбасы-тұрмыстық қатынастардағы адамдарға сыйламаушылық
көрсетiлiп, былапыт сөйлеу, қорлап тиiсу, кемсiту, үй тұрмысындағы заттарды бүлдiру
және олардың тыныштығын бұзатын, жеке тұрғын үйде, пәтерде немесе өзге де
тұрғынжайда жасалған басқа да әрекеттер, егер бұл әрекеттерде қылмыстық жазаланатын
іс-әрекет белгiлерi болмаса, –
ескерту жасауға не үш тәулiкке дейiнгi мерзiмге әкiмшiлiк қамаққа алуға әкеп
соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
он тәулiкке дейiнгі мерзiмге әкiмшiлiк қамаққа алуға әкеп соғады.
3. Осы баптың екiншi бөлiгiнде көзделген, осы Кодекстiң 50-бабының екінші
бөлiгiне сәйкес әкiмшiлiк қамаққа алу қолданылмайтын адамдар жасаған әрекеттер –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпе. Осы Кодекстің мақсаты үшін отбасы-тұрмыстық қатынастар деп ерлi-
зайыптылар, бұрынғы ерлi-зайыптылар, бiрге тұратын немесе бiрге тұрған адамдар,
жақын туыстар, ортақ баласы (балалары) бар адамдар арасындағы қатынастар
түсiнiледi.
74-бап. Қазақстан Республикасының азаматтығын алуға
кедергi келтiру
1. Лауазымды адамдардың Қазақстан Республикасының азаматтығын адамның алуына
кедергi келтiретiн заңсыз әрекеттері (әрекетсіздігі) –
отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
алпыс айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
75-бап. Қазақстан Республикасының тiл туралы заңнамасын
бұзғаны үшiн жауаптылық
1. Лауазымды адамның тiл бiлмеуін уәж етіп жеке және заңды тұлғалардың
құжаттарын, өтініштерін қабылдаудан бас тартуы, сондай-ақ оларды мәнi бойынша
қарамауы –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бір жыл ішінде қайталап жасалған әрекеттер –
қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Деректемелер мен көрнекi ақпаратты орналастыру жөнiндегi талаптарды бұзу –
ескерту жасауға әкеп соғады.
4. Осы баптың үшінші бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн
бір жыл ішінде қайталап жасалған әрекет –
лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – он, орта кәсiпкерлiк субъектiлерiне – жиырма, iрi кәсiпкерлiк
субъектiлерiне елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
5. Жеке тұлғалардың тiл таңдау құқықтарын шектеу, тiлдік белгілері бойынша
кемсiту –
лауазымды адамдарға жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
6. Осы баптың бесiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бір жыл ішінде қайталап жасалған әрекеттер –
қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
76-бап. Еркiн жүрiп-тұру және тұрғылықты жер таңдау
құқығын шектеу
1. Жеке тұлғалардың еркiн жүрiп-тұру және тұрғылықты жер таңдау (Қазақстан
Республикасының Үкiметi шек қоюы мүмкiн шекаралық аймақтарды, Қазақстан
Республикасы Қарулы Күштерiнiң, Қазақстан Республикасының басқа да әскерлерi мен
әскери құралымдарының арсеналдары, базалары мен қоймалары жанындағы тыйым салынған
аймақтарды және Қазақстан Республикасы Қарулы Күштерiнiң, Қазақстан Республикасының
басқа да әскерлерi мен әскери құралымдарының арсеналдары, базалары мен қоймалары
жанындағы тыйым салынған аудандарды және жекелеген жерлердi қоспағанда) құқығын
шектейтiн лауазымды адамдардың әрекетi (әрекетсiздiгi), егер бұл әрекетте
(әрекетсіздікте) қылмыстық жазаланатын іс-әрекет белгілері болмаса, –
отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет (әрекетсіздік) –
алпыс айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
77-бап. Қоғамдық бiрлестiктердiң заңды қызметiне кедергi
келтіру
Қоғамдық бiрлестiктердiң заңды қызметiне лауазымды адамның қызмет бабын
пайдалана отырып кедергi келтіруі, сол сияқты осы бiрлестiктердiң заңды қызметiне
лауазымды адам өзiнiң қызмет бабын пайдалана отырып жасаған, олардың құқықтары мен
заңды мүдделерiн бұзуға әкеп соққан араласу –
екi жүз елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
78-бап. Жеке тұлғаға ақпарат беруден бас тарту
1. Белгiленген тәртiппен жиналған, жеке тұлғаның құқықтары мен бостандықтарын
тiкелей қозғайтын құжаттарды, материалдарды беруден құқыққа сыйымсыз бас тарту не
жеке тұлғаға толық емес немесе көрiнеу жалған ақпарат беру, сол сияқты жалпы жұрт
қол жеткiзетiн ақпаратты шектеулi қол жеткiзiлетiн ақпаратқа құқыққа сыйымсыз түрде
жатқызу –
лауазымды адамдарға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Лауазымды адамның осы баптың бірінші бөлігінде көзделген іс-әрекеттерді
жасауы, егер бұл іс-әрекеттер жеке тұлғалардың құқықтары мен заңды мүдделеріне зиян
келтірсе, –
бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
79-бап. Қазақстан Республикасының дербес деректер және
оларды қорғау туралы заңнамасын бұзу
1. Дербес деректердi заңсыз жинау және (немесе) өңдеу –
әкiмшiлiк құқық бұзушылық заттары және (немесе) құралы тәркiлене отырып
немесе онсыз, жеке тұлғаларға – жиырма, лауазымды адамдарға, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – отыз, орта кәсiпкерлiк
субъектiлерiне – елу, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Меншiк иесi, оператор немесе үшiншi тұлға өз қызмет бабын пайдалана отырып
жасаған дәл сол іс-әрекеттер –
әкiмшiлiк құқық бұзушылық заттары және (немесе) құралы тәркiлене отырып
немесе онсыз, жеке тұлғаларға – елу, лауазымды адамдарға, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – жетпіс бес, орта кәсiпкерлiк
субъектiлерiне – бір жүз, iрi кәсiпкерлiк субъектiлерiне екi жүз айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Меншiк иесiнiң, оператордың немесе үшiншi тұлғаның дербес деректердi
қорғау жөнiндегi шараларды сақтамауы –
жеке тұлғаларға – бір жүз, лауазымды адамдарға, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – бір жүз елу, орта кәсiпкерлiк
субъектiлерiне – екі жүз, iрi кәсiпкерлiк субъектiлерiне үш жүз айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
80-бап. Медициналық көмек көрсету тәртiбiн, стандарттарын
сақтамау және оны сапасыз көрсету
1. Медицина қызметкерiнiң медициналық көмек көрсету тәртiбiн, стандарттарын
сақтамауы, кәсiптiк мiндеттерiне ұқыпсыз қарауы немесе адал қарамауы салдарынан
оларды орындамауы немесе тиiсiнше орындамауы, егер бұл денсаулыққа зиян келтiруге
әкеп соқпаса, –
жеке тұлғаларға, лауазымды адамдарға – он, шағын кәсіпкерлік субъектілеріне
және комерциялық емес ұйымдарға – жиырма бес, орта кәсiпкерлiк субъектiлерiне –
отыз, iрi кәсiпкерлiк субъектiлерiне қырық айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған іс-әрекеттер –
жеке тұлғаларға, лауазымды адамдарға – жиырма, шағын кәсіпкерлік
субъектілеріне және комерциялық емес ұйымдарға – елу, орта кәсiпкерлiк
субъектiлерiне – алпыс, iрi кәсiпкерлiк субъектiлерiне сексен айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Медицина қызметкерiнiң медициналық көмек көрсету тәртiбiн, стандарттарын
сақтамау, кәсiптiк мiндеттерiне ұқыпсыз қарауы немесе адал қарамауы салдарынан
оларды орындамауы немесе тиiсiнше орындамауы, егер бұл денсаулыққа жеңіл зиян
келтiруге әкеп соқса, –
жеке тұлғаларға, лауазымды адамдарға – қырық, шағын кәсіпкерлік
субъектілеріне және комерциялық емес ұйымдарға – елу, орта кәсiпкерлiк
субъектiлерiне – жетпіс бес, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Осы баптың үшіншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн
бiр жыл iшiнде қайталап жасалған іс-әрекеттер –
лицензиядан және (немесе) маман сертификатынан айыра отырып не онсыз, жеке
тұлғаларға, лауазымды адамдарға – сексен, шағын кәсіпкерлік субъектілеріне және
комерциялық емес ұйымдарға – бір жүз, орта кәсiпкерлiк субъектiлерiне – бір жүз
елу, iрi кәсiпкерлiк субъектiлерiне екі жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
81-бап. Медицина қызметкерiнiң еңбекке уақытша
жарамсыздық туралы парақты немесе анықтаманы беру
қағидаларын бұзуы
1. Медицина қызметкерiнiң еңбекке уақытша жарамсыздық туралы парақты немесе
анықтаманы беру қағидаларын бұзуы –
жеке тұлғаларға – бес, лауазымды адамдарға он айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған дәл
сол іс-әрекет –
маман сертификатынан айыра отырып не онсыз, жеке тұлғаларға – он, лауазымды
адамдарға жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
82-бап. Медицина қызметкерiнiң Қазақстан Республикасының
заңнамасында белгіленген, дәрiлiк заттарды өткiзу
қағидаларын және рецептер жазып беру жөніндегі
талаптарды бұзуы
1. Медицина қызметкерiнiң Қазақстан Республикасының заңнамасында белгіленген,
дәрiлiк заттарды өткiзу қағидаларын және рецептер жазып беру жөніндегі талаптарды
бұзуы –
жеке тұлғаларға – бес, лауазымды адамдарға он айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған дәл
сол іс-әрекеттер –
жеке тұлғаларға – маман сертификатынан айыра отырып не онсыз, он айлық
есептiк көрсеткiш мөлшерiнде, лауазымды адамдарға жиырма айлық есептік көрсеткіш
мөлшерiнде айыппұл салуға әкеп соғады.
82-1-бап. Қазақстан Республикасының ең төмен әлеуметтік
стандарттар және олардың кепілдіктері туралы
заңнамасын бұзу
1. Осы Кодекстің 83, 84, 87, 89 және 91-баптарында көзделген жағдайларды
қоспағанда, ең төмен әлеуметтік стандарттарды орындамаудан және (немесе) қамтамасыз
етпеуден көрінген, Қазақстан Республикасының ең төмен әлеуметтік стандарттар және
олардың кепілдіктері туралы заңнамасын бұзу –
лауазымды адамдарға – жиырма, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – қырық, орта кәсiпкерлiк субъектiлерiне – алпыс, ірі
кәсіпкерлік субъектілеріне бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
лауазымды адамдарға – қырық, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – алпыс, орта кәсiпкерлiк субъектiлерiне – сексен, ірі
кәсіпкерлік субъектілеріне бір жүз жиырма айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
Ескерту. 10-тарау 82-1-баппен толықтырылды - ҚР 19.05.2015 № 315-V Заңымен
(алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа
енгізіледі).
83-бап. Қазақстан Республикасының мүгедектердi әлеуметтiк
қорғау туралы заңнамасын бұзу
1. Қазақстан Республикасының мүгедектерді әлеуметтік қорғау
туралы заңнамасын:
1) мүгедектердің әлеуметтік және көлік инфрақұрылымы объектілеріне қол
жеткізуін қамтамасыз етпеу;
2) мүгедектердің мәдени ойын-сауық іс-шараларына қол жеткізуі үшін
жағдайларды қамтамасыз етпеу;
3) жұмыс берушінің кінәсінан жұмыста мертігуге ұшыраған және (немесе) кәсіби
ауруға шалдыққан мүгедектерді жұмыспен қамту және кәсіптік оңалту саласындағы
міндеттерді жұмыс берушінің сақтамауы түрінде жасалған бұзушылық –
лауазымды адамдарға – елу, шағын кәсіпкерлік субъектілеріне – бір жүз жиырма,
орта кәсіпкерлік субъектілеріне – екі жүз, ірі кәсіпкерлік субъектілеріне төрт жүз
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет (әрекетсіздік) –
лауазымды адамдарға – сексен, шағын кәсіпкерлік субъектілеріне – бір жүз елу,
орта кәсіпкерлік субъектілеріне – екі жүз елу, ірі кәсіпкерлік субъектілеріне алты
жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
84-бап. Қазақстан Республикасының арнаулы әлеуметтiк
қызметтер туралы заңнамасын бұзу
1. Қазақстан Республикасының арнаулы әлеуметтiк қызметтер туралы заңнамасын:
1) арнаулы әлеуметтiк қызметтер көрсетудегi қажеттiлiкке бағалау жүргiзудiң
және оны айқындаудың, арнаулы әлеуметтiк қызметтердiң кепiлдiк берiлген көлемiн
көрсету туралы шешiм шығарудың белгiленген мерзiмдерiн бұзу;
2) арнаулы әлеуметтiк қызметтердiң кепiлдiк берiлген көлемiн көрсету туралы
шешiмдi орындамау түрiнде жасалған бұзушылық –
лауазымды адамдарға – жиырма, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – отыз, орта кәсіпкерлік субъектілеріне – қырық, iрi
кәсiпкерлiк субъектiлерiне алпыс айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған іс-әрекет –
лауазымды адамдарға – отыз, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – қырық, орта кәсіпкерлік субъектілеріне – елу, iрi
кәсiпкерлiк субъектiлерiне сексен айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
85-бап. Медиацияға қатысушылардың медиацияны жүргiзу
барысында белгiлi болған мәлiметтердi жария етуi
1. Медиацияға қатысушылардың медиацияны жүргiзу барысында белгiлi болған
мәлiметтердi осы ақпаратты берген тараптың рұқсатынсыз жария етуi, егер бұл
әрекетте қылмыстық жазаланатын iс-әрекет белгiлерi болмаса, –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет (әрекетсіздік) –
алпыс айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
86-бап. Адамды еңбек шартын жасаспай жұмысқа жіберу
1. Жұмыс берушінің адамды еңбек шартын жасаспай жұмысқа жіберуі –
лауазымды адамдарға – жиырма, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – қырық, орта кәсіпкерлік субъектілеріне – алпыс, iрi
кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
лауазымды адамдарға – қырық, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – алпыс, орта кәсіпкерлік субъектілеріне – сексен, iрi
кәсiпкерлiк субъектiлерiне бір жүз жиырма айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
3. Осы баптың бірінші бөлігінде көзделген, кәмелетке толмағандарға қатысты
жасалған әрекет –
лауазымды адамдарға – елу, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – жетпіс, орта кәсіпкерлік субъектілеріне – бір жүз,
iрi кәсiпкерлiк субъектiлерiне бір жүз елу айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін
бір жыл ішінде қайталап жасалған әрекет (әрекетсіздік) –
лицензияның қолданылуын тоқтата тұрып, лауазымды адамдарға – жетпіс, шағын
кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – бір жүз, орта
кәсіпкерлік субъектілеріне – бір жүз елу, iрi кәсiпкерлiк субъектiлерiне екі жүз
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
87-бап. Еңбекке ақы төлеу жөніндегі талаптарды бұзу
1. Жұмыс берушінің жалақыны толық көлемде және Қазақстан Республикасының
еңбек заңнамасында белгіленген мерзімдерде төлемеуі, сол сияқты жұмыс берушінің
кінәсінан төлемді кешіктірген кезеңіне өсімпұлды есептемеуі және төлемеуі –
лауазымды адамдарға – жиырма, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – қырық, орта кәсіпкерлік субъектілеріне – алпыс, iрi
кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
лауазымды адамдарға – қырық, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – алпыс, орта кәсіпкерлік субъектілеріне – сексен, iрi
кәсiпкерлiк субъектiлерiне бір жүз жиырма айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
3. Қазақстан Республикасы еңбек заңнамасының үстеме жұмысқа, мереке және
демалыс күндеріндегі жұмысқа ақы төлеу, сондай-ақ түнгі уақыттағы еңбекке ақы төлеу
жөніндегі талаптарын бұзу –
лауазымды адамдарға – жиырма, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – қырық, орта кәсіпкерлік субъектілеріне – алпыс, iрi
кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
4. Осы баптың үшiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн
бiр жыл iшiнде қайталап жасалған әрекеттер –
лауазымды адамдарға – қырық, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – алпыс, орта кәсіпкерлік субъектілеріне – сексен, iрi
кәсiпкерлiк субъектiлерiне бір жүз жиырма айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
88-бап. Демалыс бермеу
Жұмыс берушінің еңбек демалысын қатарынан екі жыл бойы бермеуі –
лауазымды адамдарға – жиырма, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – қырық, орта кәсіпкерлік субъектілеріне – алпыс, iрi
кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
89-бап. Жұмыс уақытының нормасын заңсыз асыру
1. Жұмыс берушінің Қазақстан Республикасының еңбек заңнамасында көзделген
жұмыс уақытының және күнделікті жұмыстың (жұмыс ауысымының) қалыпты және
қысқартылған ұзақтығын заңсыз асыруы –
ескерту жасауға әкеп соғады.
2. Осы баптың бірiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
лауазымды адамдарға – қырық, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – алпыс, орта кәсіпкерлік субъектілеріне – сексен, iрi
кәсiпкерлiк субъектiлерiне бір жүз жиырма айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
90-бап. Еңбек саласында кемсітушілікке жол беру
1. Еңбек саласында қызметкердің бірдей еңбегі үшін бірдей ақы алу құқығын
бұзудан көрінген кемсітушілікке жұмыс берушінің жол беруі –
лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – отыз, орта кәсіпкерлік субъектілеріне – алпыс, iрi кәсiпкерлiк
субъектiлерiне бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
2. Осы баптың бірiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – алпыс, орта кәсіпкерлік субъектілеріне – сексен, iрi кәсiпкерлiк
субъектiлерiне бір жүз жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
3. Жұмыспен қамту мәселелері жөніндегі уәкілетті органның, еңбек делдалдығын
көрсететін жеке және заңды тұлғаның, сондай-ақ жұмыс берушінің жұмысқа қабылдау
үшін бос жұмыс орындары туралы еңбек саласындағы кемсітушілік сипаттағы талаптар
қамтылатын ақпаратты орналастыруы –
жеке тұлғаларға – он бес, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – отыз, орта кәсіпкерлік субъектілеріне – елу, iрi
кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін
бір жыл ішінде қайталап жасалған әрекет –
жеке тұлғаларға – отыз, шағын кәсіпкерлік субъектілеріне немесе коммерциялық
емес ұйымдарға – елу, орта кәсіпкерлік субъектілеріне – бір жүз, ірі кәсіпкерлік
субъектілеріне екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
91-бап. Қазақстан Республикасының зейнетақымен
қамсыздандыру туралы заңнамасын бұзу
1. Бірыңғай жинақтаушы зейнетақы қорының (ерікті жинақтаушы зейнетақы
қорының) Қазақстан Республикасының зейнетақымен қамсыздандыру туралы заңнамасында
белгiленген, міндетті зейнетақы жарналарының, міндетті кәсіптік зейнетақы
жарналарының есебінен зейнетақымен қамсыздандыру туралы шарттар (ерікті зейнетақы
жарналарының есебінен зейнетақымен қамсыздандыру туралы шарттар) жасасу тәртiбiн,
зейнетақы төлемдерiн, аударылымдарды және алып қоюларды жүзеге асыру мерзiмдерiн
бұзуы –
заңды тұлғаларға төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Бірыңғай жинақтаушы зейнетақы қорының Зейнетақы төлеу жөнiндегi орталыққа
мiндеттi зейнетақы жарналарының, міндетті кәсіптік зейнетақы жарналарының есебiнен
зейнетақымен қамсыздандыру туралы шартқа қосылған салымшылар туралы мәлiметтердi
ұсынбауы, уақтылы ұсынбауы, сол сияқты аталған салымшылар туралы анық емес
мәлiметтердi ұсынуы –
заңды тұлғаға бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
3. Осы баптың екінші бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн
бiр жыл iшiнде қайталап жасалған іс-әрекеттер –
заңды тұлғаға екi жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
4. Қазақстан Республикасының зейнетақымен қамсыздандыру туралы заңнамасында
көзделген, зейнетақыны толық мөлшерде және белгiленген мерзiмдерде төлеу жөнiндегi
мiндеттердi Зейнетақы төлеу жөнiндегi орталықтың лауазымды адамдарының орындамауы –
отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
5. Бірыңғай жинақтаушы зейнетақы қорының немесе ерікті жинақтаушы зейнетақы
қорының Қазақстан Республикасының зейнетақымен қамсыздандыру туралы заңнамасын
бұзып, мәмілелер мен операцияларды жүзеге асыруы –
заңды тұлғаларға төрт жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
6. Жеке тұлғаның, дара кәсiпкердiң, жекеше нотариустың, жеке сот
орындаушысының, адвокаттың, заңды тұлғаның Қазақстан Республикасының зейнетақымен
қамсыздандыру туралы заңнамасында көзделген міндеттерді:
1) пайдасына міндетті зейнетақы жарналары, міндетті кәсіптік зейнетақы
жарналары бойынша берешек өндіріліп алынатын бірыңғай жинақтаушы зейнетақы қоры
салымшыларының тізімін мемлекеттік кіріс органына ұсынбау;
2) мемлекеттік кіріс органдарына мiндеттi зейнетақы жарналарының, міндетті
кәсіптік зейнетақы жарналарының есептелген, ұстап қалынған (есепке жазылған) және
аударылған сомалары жөнiндегі есеп-қисаптарды Қазақстан Республикасының
зейнетақымен қамсыздандыру туралы заңнамасында белгiленген мерзімдерде ұсынбауы;
3) Қазақстан Республикасының заңнамасында белгiленген тәртiпке сәйкес әрбiр
қызметкер бойынша есептелген, ұстап қалынған (есепке жазылған) және аударылған
мiндеттi зейнетақы жарналарын, мiндеттi кәсіптік зейнетақы жарналарын бастапқы
есепке алуды жүргiзбеуi;
4) салымшыларға есептелген, ұстап қалынған (есепке жазылған) және аударылған
мiндеттi зейнетақы жарналары, міндетті кәсіптік зейнетақы жарналары туралы
мәлiметтердi Қазақстан Республикасының зейнетақымен қамсыздандыру туралы
заңнамасында белгiленген мерзiмдерде ұсынбауы;
5) бірыңғай жинақтаушы зейнетақы қорына мiндеттi зейнетақы жарналарын,
міндетті кәсіптік зейнетақы жарналарын аудармауы, уақтылы және (немесе) толық
есептемеуi, ұстап қалмауы (есепке жазбауы) және (немесе) төлемеуi (аудармауы);
6) Қазақстан Республикасының зейнетақымен қамсыздандыру туралы заңнамасында
көзделген жағдайларда мемлекеттік кіріс органдарының өкiмiмен касса бойынша барлық
шығыс операцияларын тоқтатпауы түрінде жасалған орындамауы не тиісінше орындамауы –
ескерту жасауға әкеп соғады.
7. Осы баптың алтыншы бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған іс-әрекет –
жеке тұлғаларға – мiндеттi зейнетақы жарналарының, міндетті кәсіптік
зейнетақы жарналарының аударылмаған, уақтылы және (немесе) толық есептелмеген,
ұсталып қалмаған (есепке жазылмаған) және (немесе) төленбеген (аударылмаған)
сомасының он, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға –
жиырма, орта кәсіпкерлік субъектілеріне – отыз, iрi кәсiпкерлiк субъектiлерiне елу
пайызы мөлшерiнде айыппұл салуға әкеп соғады.
8. Банктердiң және банк операцияларының жекелеген түрлерiн жүзеге асыратын
ұйымдардың:
1) Қазақстан Республикасының зейнетақымен қамсыздандыру туралы заңнамасында
көзделген жағдайларда және тәртіппен мемлекеттік кіріс органдарының өкiмi бойынша
агенттердiң-заңды тұлғалардың немесе дара кәсiпкерлердiң, жекеше нотариустардың,
жеке сот орындаушыларының және адвокаттардың банк шоттары бойынша шығыс
операцияларын тоқтата тұрмау;
2) мiндеттi зейнетақы жарналары, міндетті кәсіптік зейнетақы жарналары мен
өсiмпұлдар сомаларын Зейнетақы төлеу жөніндегі орталыққа аудару кезiнде банктiң
немесе банк операцияларының жекелеген түрлерiн жүзеге асыратын ұйымның кiнәсiнан
аудармау (есепке жатқызбау), уақтылы аудармау (банк шоттарынан ақшаны есептен
шығару бойынша операциялар жасалған күннен немесе қолма-қол ақшаны банкке немесе
банк операцияларының жекелеген түрлерiн жүзеге асыратын ұйымға енгiзгеннен кейінгі
күннен кеш) не төлем құжатының деректемелерiн толтыру кезiнде қателер жiберу;
3) Қазақстан Республикасының заңнамасында белгiленген тәртiппен мемлекеттік
кіріс органдарының мiндеттi зейнетақы жарналары, міндетті кәсіптік зейнетақы
жарналары мен өсiмпұлдар сомаларын өндiрiп алуға инкассолық өкiмдерiн орындамау
түрiнде Қазақстан Республикасының зейнетақымен қамсыздандыру туралы заңнамасында
белгіленген мiндеттердi орындамауы –
Қазақстан Республикасының зейнетақымен қамсыздандыру туралы заңнамасында
белгiленген мiндеттердi орындамау кезеңiнде агенттердiң банк шоттары бойынша
жасалған шығыс операциялары сомасының бес пайызы мөлшерiнде айыппұл салуға әкеп
соғады.
9. Бірыңғай жинақтаушы зейнетақы қорының немесе ерікті жинақтаушы зейнетақы
қорының бұқаралық ақпарат құралдарында жарияланған күнгi шындыққа сәйкес келмейтiн
жарнаманы хабарлауы немесе жариялауы –
заңды тұлғаларға екi жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
10. Ерікті жинақтаушы зейнетақы қорының инвестициялық декларациясының
Қазақстан Республикасының зейнетақымен қамсыздандыру туралы заңнамасында көзделген
талаптарға, оның мазмұнына сәйкес келмеуi –
заңды тұлғаларға бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
11. Бірыңғай жинақтаушы зейнетақы қорының немесе ерікті жинақтаушы зейнетақы
қорының, ерікті жинақтаушы зейнетақы қоры құрылтайшыларының (акционерлерінің) және
(немесе) оның үлестес тұлғаларының мәліметтерді немесе өзге де сұралатын ақпаратты
ұсынбауы, сол сияқты бірнеше рет (қатарынан күнтізбелік он екі ай ішінде екі және
одан да көп рет) уақтылы ұсынбауы –
жеке тұлғаларға – бір жүз, заңды тұлғаларға екі жүз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
12. Бірыңғай жинақтаушы зейнетақы қорының немесе ерікті жинақтаушы зейнетақы
қорының, ерікті жинақтаушы зейнетақы қоры құрылтайшыларының (акционерлерінің) және
(немесе) оның үлестес тұлғаларының анық емес, сол сияқты толық емес есептілікті,
мәліметтерді немесе өзге де сұралатын ақпаратты беруі –
жеке тұлғаларға – бір жүз, заңды тұлғаларға екі жүз айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
Ескертпе. Осы баптың алтыншы және жетінші бөліктерінің мақсаттары үшін тұлға,
егер аударылмаған, уақтылы және (немесе) толық есептелмеген, ұсталып қалмаған
(есепке жазылмаған) және (немесе) төленбеген (аударылмаған) міндетті зейнетақы
жарналарының, міндетті кәсіптік зейнетақы жарналарының сомасы әкімшілік құқық
бұзушылық анықталған күні қолданыста болған заңға сәйкес белгіленетін бір айлық
есептік көрсеткіштен аз болған жағдайда, әкімшілік жауаптылыққа тартылуға жатпайды.
92-бап. Қазақстан Республикасының мiндеттi әлеуметтiк
сақтандыру туралы заңнамасын бұзу
1. Мемлекеттiк әлеуметтiк сақтандыру қорының және Зейнетақы төлеу жөнiндегi
орталықтың Қазақстан Республикасының мiндеттi әлеуметтiк сақтандыру
туралы заңнамасында белгiленген мерзiмдерде әлеуметтiк төлемдердi төлемеуi –
лауазымды адамдарға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Әлеуметтік аударымдарды төлеушінің:
1) әлеуметтiк аударымдар жүргiзiлетiн мiндеттi әлеуметтiк сақтандыру жүйесiне
қатысушылардың тiзiмдерiн мемлекеттік кіріс органына ұсынбау;
2) әлеуметтiк аударымдарды төлемеу (аудармау), уақтылы және (немесе) толық
төлемеу (аудармау);
3) Қазақстан Республикасының мiндеттi әлеуметтiк сақтандыру
туралы заңнамасында көзделген жағдайларда мемлекеттік кіріс органдарының өкiмiмен
касса бойынша барлық шығыс операцияларын тоқтатпауы түрiнде жасалған Қазақстан
Республикасының мiндеттi әлеуметтiк сақтандыру туралы заңнамасында көзделген
мiндеттердi орындамауы не тиiсiнше орындамауы –
ескерту жасауға әкеп соғады.
3. Осы баптың екiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн
бiр жыл iшiнде қайталап жасалған іс-әрекеттер –
жекеше нотариустарға, жекеше сот орындаушыларына, адвокаттарға, шағын
кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – төленбеген
(аударылмаған), уақтылы және (немесе) толық төленбеген (аударылмаған) әлеуметтiк
аударымдар сомасының жиырма, орта кәсіпкерлік субъектілеріне – отыз, iрi
кәсiпкерлiк субъектiлерiне елу пайызы мөлшерiнде айыппұл салуға әкеп соғады.
4. Банктердiң және банк операцияларының жекелеген түрлерiн жүзеге асыратын
ұйымдардың:
1) Қазақстан Республикасының мiндеттi әлеуметтiк сақтандыру туралы
заңнамасында көзделген жағдайларда мемлекеттік кіріс органдарының өкiмiмен
әлеуметтік аударымдарды төлеушiнің банк шоттары бойынша барлық шығыс операцияларын
тоқтатпау;
2) әлеуметтiк аударымдар мен өсiмпұлдар сомаларын Зейнетақы төлеу жөніндегі
орталыққа аудару кезiнде банктiң немесе банк операцияларының жекелеген түрлерiн
жүзеге асыратын ұйымның кiнәсiнан аудармау (есепке жатқызбау), уақтылы аудармау
(банк шоттарынан ақшаны есептен шығару бойынша операциялар жасалған күннен немесе
қолма-қол ақшаны банкке немесе банк операцияларының жекелеген түрлерiн жүзеге
асыратын ұйымға енгiзгеннен кейінгі күннен кеш) не төлем құжатының деректемелерiн
толтыру кезiнде қателер жiберу;
3) Қазақстан Республикасының заңнамасында белгiленген тәртiппен мемлекеттік
кіріс органдарының әлеуметтiк аударымдар мен өсiмпұлдар сомаларын өндiрiп алуға
инкассолық өкiмдерiн орындамауы түрiнде жасалған Қазақстан Республикасының мiндеттi
әлеуметтiк сақтандыру туралы заңнамасында белгiленген мiндеттердi орындамауы –
Қазақстан Республикасының мiндеттi әлеуметтiк сақтандыру туралы заңнамасында
белгiленген мiндеттердi орындамау кезеңiнде төлеушiлердiң банк шоттары бойынша
жасалған шығыс операциялары сомасының бес пайызы мөлшерiнде айыппұл салуға әкеп
соғады.
Ескертпе. Осы баптың екiншi және үшінші бөлiктерiнiң мақсаттары үшiн тұлға,
егер төленбеген (аударылмаған), уақтылы және (немесе) толық төленбеген
(аударылмаған) әлеуметтiк аударымдар сомасы әкiмшiлiк құқық бұзушылық анықталған
күнi қолданыста болған заңға сәйкес белгiленетiн бiр айлық есептiк көрсеткiш
мөлшерiнен аспаған жағдайда, әкiмшiлiк жауаптылыққа тартылуға жатпайды.
93-бап. Еңбек қауiпсiздiгiн және еңбектi қорғауды
қамтамасыз ету қағидаларын бұзу
1. Қазақстан Республикасының еңбек заңнамасының талабына сәйкес өндірістік
ұйымдарда еңбек қауіпсіздігі және еңбекті қорғау қызметінің (маманының) болмауы –
ескерту жасауға әкеп соғады.
2. Жұмыс берушінің Қазақстан Республикасының еңбек заңнамасының талабына
сәйкес қызметкерлерді міндетті және кезеңдік медициналық қарап-тексерулерден және
ауысым алдындағы медициналық куәландырудан өткізу жөніндегі талаптарды бұзуы –
ескерту жасауға әкеп соғады.
3. Қызметкерлерді Қазақстан Республикасының еңбек заңнамасының талабына
сәйкес емдік-профилактикалық тағаммен, жеке және ұжымдық қорғану құралдарымен
қамтамасыз етпеу –
ескерту жасауға әкеп соғады.
4. Жұмыс берушінің Қазақстан Республикасы еңбек заңнамасының қызметкерлерді
оқыту мен даярлықтан, басшылар мен мамандардың еңбек қауіпсіздігі және еңбекті
қорғау мәселелері бойынша білімін тексеруден өткізу талаптарын орындамауы –
ескерту жасауға әкеп соғады.
5. Осы баптың бiрiншi, екінші, үшінші, төртінші бөлiктерінде көзделген,
ескерту жасалғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – қырық,
орта кәсіпкерлік субъектілеріне – алпыс, iрi кәсiпкерлiк субъектiлерiне бір жүз
жиырма айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
6. Жұмыс берушінің Қазақстан Республикасы еңбек заңнамасының еңбек
қауіпсіздігі және еңбекті қорғау жөніндегі нұсқама беру (кіріспе нұсқамадан басқа)
талаптарын орындамауы және осы құжаттардың болмауы –
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – жиырма,
орта кәсіпкерлік субъектілеріне – отыз, iрi кәсiпкерлiк субъектiлерiне сексен айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
7. Осы баптың алтыншы бөлiгінде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған іс-әрекеттер –
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – қырық,
орта кәсіпкерлік субъектілеріне – алпыс, iрi кәсiпкерлiк субъектiлерiне бір жүз
жиырма айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
94-бап. Өндірістік объектілерді еңбек жағдайлары бойынша
аттестаттауды жүргізу жөніндегі заңнама
талаптарын бұзу
1. Жұмыс берушінің Қазақстан Республикасының еңбек заңнамасында белгіленген
өндірістік объектілерді еңбек жағдайларының жай-күйі бойынша аттестаттауды жүргізу
жөнінде заңнама талаптарын бұзуы –
ескерту жасауға немесе шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – жиырма, орта кәсіпкерлік субъектілеріне – отыз бес, iрi
кәсiпкерлiк субъектiлерiне елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Осы баптың бірiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған іс-әрекет –
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – қырық,
орта кәсіпкерлік субъектілеріне – жетпіс, iрi кәсiпкерлiк субъектiлерiне бір жүз
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
95-бап. Өндірістегі жазатайым оқиғаларды тергеп-тексеруді
қамтамасыз етпеу
1. Қазақстан Республикасының еңбек заңнамасының талабына сәйкес өндірістегі
жазатайым оқиғаларды тергеп-тексеруді қамтамасыз етпеу –
шағын кәсiпкерлiк субъектiлерiне – елу, орта кәсіпкерлік субъектілеріне – бір
жүз, iрi кәсiпкерлiк субъектiлерiне екі жүз айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
2. Осы баптың бірiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
шағын кәсiпкерлiк субъектiлерiне – бір жүз, орта кәсіпкерлік субъектілеріне –
екі жүз, iрi кәсiпкерлiк субъектiлерiне төрт жүз айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
96-бап. Өндірістегі жазатайым оқиға фактісін жасыру
1. Өндірістегі жазатайым оқиға фактісін жасыру –
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – бір
жүз, орта кәсіпкерлік субъектілеріне – бір жүз елу, iрi кәсiпкерлiк субъектiлерiне
екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бірiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет (әрекетсіздік) –
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – екі
жүз, орта кәсіпкерлік субъектілеріне – үш жүз, iрi кәсiпкерлiк субъектiлерiне төрт
жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
97-бап. Ұжымдық шарт, келiсiм жасасу жөнiнде заңнама
талаптарын бұзу
1. Ұжымдық шартты, келiсiмдi жасасу, өзгерту немесе толықтыру жөнiндегi
келiссөздерге қатысудан жалтару немесе көрсетілген келiссөздердi жүргiзу
мерзiмдерiн бұзу, тиiстi комиссияның жұмысын тараптар белгiлеген мерзiмдерде
қамтамасыз етпеу –
келiссөздер жүргiзуге уәкiлеттiк берілген тұлғаларға үш жүз айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Ұжымдық шарт, келiсiм жасасудан негiзсiз бас тарту –
ұжымдық шарт, келiсiм жасасуға уәкiлеттiк берілген тұлғаларға үш жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Ұжымдық шарт, келiсiм бойынша міндеттемені орындамау немесе бұзу –
ұжымдық шарт, келiсiм бойынша мiндеттемелердiң орындалмауына кiнәлi
тұлғаларға үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Ұжымдық келiссөздер жүргiзуге және ұжымдық шарттардың, келiсiмдердiң
орындалуын бақылауды жүзеге асыруға қажеттi ақпарат бермеу –
ақпараттың берiлмеуiне кiнәлi тұлғаларға елу айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
98-бап. Қазақстан Республикасының халықты жұмыспен қамту
туралы заңнамасын бұзу
1. Жұмыс берушінің Қазақстан Республикасының халықты жұмыспен қамту
туралы заңнамасын:
1) уәкілетті органға жұмыс беруші-заңды тұлғаның таратылуына не жұмыс беруші-
жеке тұлға қызметінің тоқтатылуына, санның немесе штаттың қысқартылуына байланысты
алдағы уақытта қызметкерлердің жұмыстан босатылуы туралы ақпарат бермеу;
2) уәкілетті органға бос жұмыс орындарының (бос лауазымдардың) бар-жоғы
туралы мәліметтерді бермеу, уақтылы бермеу;
3) жұмысқа қабылдау немесе жұмысқа қабылдаудан бас тарту туралы хабарламаны
ұсынбау, уақтылы хабарламау;
4) мүгедектер, бас бостандығынан айыру орындарынан босатылған адамдар және
интернаттық ұйымдардың кәмелетке толмаған түлектері үшін жұмыс орындарының
белгіленген квотасын орындамау;
5) уәкілетті органға кәсіптік даярлықтан, қайта даярлықтан және өндірісішілік
оқытудан өткен адамдарға саны туралы алынған мамандық пен біліктіліктерді көрсете
отырып мәліметтер ұсынбау түрінде жасаған бұзушылығы –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер (әрекетсiздiк) –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Жұмыспен қамту жеке агентінің еңбек делдалдылығы бойынша қызмет
көрсетулерді алуға өтініш білдірген тұлғалармен шарт жасаспауы –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Еңбек делдалдығымен айналысатын жеке және заңды тұлғалардың, сондай-ақ
шетелдік жұмыс күшін тартуға рұқсат алған немесе өздерінің қарамағында жұмысқа
орналасуға рұқсат алған шетелдік қызметкерлер жұмыс істейтін жұмыс берушілердің
алғашқы статистикалық деректерді ұсынбауы –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
99-бап. Қазақстан Республикасының мемлекеттік қызмет
туралы заңнамасын бұзу
1. Бос мемлекеттік әкімшілік лауазымына орналасуға конкурстық іріктеу рәсімін
бұзу –
лауазымды адамдарға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Адамдарды мемлекеттік әкімшілік лауазымнан құқыққа сыйымсыз босату –
лауазымды адамдарға алпыс айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
100-бап. Жеке немесе заңды тұлғаның берген шағымын оған
зиянды болатындай етiп бағыттау
Негiздi шағым берген немесе мүддесiне орай шағым берiлген жеке немесе заңды
тұлғаға сол шағымды оған зиянды болатындай етiп бағыттау –
лауазымды адамдарға он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
11-тарау. САЙЛАУ ҚҰҚЫҚТАРЫНА (РЕСПУБЛИКАЛЫҚ РЕФЕРЕНДУМҒА ҚАТЫСУ
ҚҰҚЫҒЫНА) ҚОЛ СҰҒАТЫН ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚТАР
101-бап. Лауазымды адамдардың сайлау комиссиясына
(республикалық референдум комиссиясына) қажеттi
мәлiметтер мен материалдарды ұсынбауы немесе
комиссияның шешiмдерiн орындамауы
Лауазымды адамдардың сайлау комиссиясына (республикалық референдум
комиссиясына) кандидаттың заңда белгіленген тәртіппен жойылмаған немесе алынбаған
сотталғандығының болуы немесе болмауы туралы; сот заңда белгіленген тәртіппен
таныған, кандидаттың сыбайлас жемқорлық қылмыс және құқық бұзушылық жасауға кінәлі
екендігі туралы; кандидаттың азаматтығы туралы; кандидаттың немесе зайыбының
(жұбайының) декларацияланған кірістері мен мүлкі туралы мәліметтердің анықтығы
туралы; әрбір сайлау учаскесі бойынша сайлаушылардың тізімдері туралы мәліметтер
мен материалдарды ұсынбауы немесе олардың комиссия өз өкілеттіктері шегінде
қабылдаған шешімді орындамауы –
жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
102-бап. Сайлау алдындағы үгiтті оған тыйым салынған
кезеңде жүргiзу
Кандидатты, саяси партия ұсынған партиялық тізімді тіркеу мерзімі аяқталғанға
дейін, сайлау болатын күні не оның қарсаңындағы күні сайлау алдындағы үгітті
жүргізу, сондай-ақ республикалық референдум өткізілетін күні не оның қарсаңындағы
күні үгіт жүргізу –
жеке тұлғаларға – он бес, шағын кәсіпкерлік субъектілеріне немесе
коммерциялық емес ұйымдарға – жиырма, орта кәсіпкерлік субъектілеріне – жиырма бес,
ірі кәсіпкерлік субъектілеріне отыз бес айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
103-бап. Сайлау алдындағы үгiтті жүргiзу құқығына кедергi
келтiру
Президенттiкке, депутаттыққа немесе өзге де сайланбалы лауазымдарға
кандидаттарға, олардың сенiм бiлдiрілген тұлғаларына, саяси партияларға олардың
сайлау алдындағы үгiтті жүргiзу құқығын iске асыру процесiнде кедергi келтiру –
жеке тұлғаларға – жиырма, лауазымды адамдарға, шағын кәсіпкерлік
субъектілеріне немесе коммерциялық емес ұйымдарға – отыз, орта кәсіпкерлік
субъектілеріне – қырық, ірі кәсіпкерлік субъектілеріне елу айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
104-бап. Кандидаттар, саяси партиялар туралы көрінеу
жалған мәліметтер тарату
Кандидаттар, саяси партиялар туралы көрінеу жалған мәліметтер тарату немесе
сайлаудың нәтижесіне ықпал ету мақсатында олардың абыройына, қадір-қасиетіне және
іскерлік беделіне нұқсан келтіретін өзге де әрекеттер жасау –
жеке тұлғаларға – жиырма, лауазымды адамдарға, шағын кәсіпкерлік
субъектілеріне немесе коммерциялық емес ұйымдарға – отыз, орта кәсіпкерлік
субъектілеріне – қырық, ірі кәсіпкерлік субъектілеріне елу айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
105-бап. Сайлау комиссиясы (республикалық референдум
комиссиясы) мүшесiнiң құқықтарын бұзу
Сайлау комиссиясы (республикалық референдум комиссиясы) мүшесiнiң сайлау
комиссиясының отырысында сөз сөйлеу, тиісті сайлау комиссиясының құзыретіне кіретін
мәселелер бойынша ұсыныстар енгізу және олар бойынша дауыс берілуін талап ету, өзі
құрамына кіретін сайлау комиссиясының құжаттарымен және материалдарымен танысу,
олардың куәландырылған көшірмелерін алу, төмен тұрған сайлау комиссиясының қызметін
тексеруді жүзеге асыру құқықтарын бұзу –
отыз бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
106-бап. Азаматтардың сайлаушылар тiзiмiмен танысу
құқығын бұзу
Сайлау комиссиясы (республикалық референдум комиссиясы) мүшесiнiң
азаматтардың сайлаушылар тiзiмiмен (таңдаушылар, республикалық референдумға
қатысуға құқығы бар адамдар тiзiмiмен) танысу құқығын бұзуы не өтінішті сайлау
комиссиясына келіп түскен күні қарамауы не сайлаушылар тiзiмiне (таңдаушылар,
республикалық референдумға қатысуға құқығы бар адамдар тiзiмiне) түзетулер енгiзу
туралы өтінішті қабылдамау уәждерін жазбаша нысанда баяндай отырып, азаматқа
шешімнің көшірмесін беруден бас тартуы не сайлаушылар тiзiмiн (таңдаушылар,
республикалық референдумға қатысуға құқығы бар адамдар тiзiмiн) түзету туралы сот
шешiмiн дереу орындамауы –
отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
107-бап. Сайлаушылар (республикалық референдумға қатысуға
құқығы бар азаматтар) тізімін жасау үшін
сайлаушылар туралы жалған мәліметтер ұсыну
1. Лауазымды адамдардың жергiлiктi атқарушы органдарға сайлаушылар
(республикалық референдумға қатысуға құқығы бар азаматтар) тізімін жасау үшін
сайлаушылар туралы жалған мәліметтерді ұсынуы –
жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Жергiлiктi атқарушы органдар лауазымды адамдарының тиiстi сайлау
комиссиясына сайлаушылардың (республикалық референдумға қатысуға құқығы бар
азаматтардың) анық емес тізімін ұсынуы –
отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
108-бап. Тең сайлау құқығы туралы талапты бұзу
Тең сайлау құқығы туралы талапты екi немесе одан да көп рет немесе басқа
сайлаушы үшiн дауыс беру арқылы бұзу –
жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
109-бап. Шетелдiктердiң, азаматтығы жоқ адамдардың,
шетелдiк заңды тұлғалардың және халықаралық
ұйымдардың кандидаттарды, партиялық тiзiмiн
ұсынған саяси партияларды ұсынуға және сайлауға,
сайлауда белгiлi бiр нәтижеге қол жеткiзуге
кедергi келтіретін және (немесе) ықпал ететiн
қызметтi жүзеге асыруы
Шетелдiктердiң, азаматтығы жоқ адамдардың, шетелдiк заңды тұлғалардың және
халықаралық ұйымдардың кандидаттарды, партиялық тiзiмiн ұсынған саяси партияларды
ұсынуға және сайлауға, сайлауда белгiлi бiр нәтижеге қол жеткiзуге кедергi
келтіретін және (немесе) ықпал ететiн қызметтi жүзеге асыруы –
жеке тұлғаларға – Қазақстан Pecпубликасының шегiнен әкiмшiлiк жолмен шығарып
жiбере отырып немесе онсыз, отыз айлық есептік көрсеткіш мөлшерінде, заңды
тұлғаларға бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
110-бап. Азаматтарға басқа адамдар үшiн дауыс беруге
мүмкiндiк жасау мақсатында сайлау бюллетеньдерiн
(дауыс беруге арналған бюллетеньдердi) беру
Сайлау комиссиясы (республикалық референдум комиссиясы) мүшесiнiң азаматтарға
басқа адамдар үшiн дауыс беруге мүмкiндiк жасау мақсатында сайлау бюллетеньдерiн
(дауыс беруге арналған бюллетеньдердi) беруi –
жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
111-бап. Жұмыс берушiнiң сайлауға (республикалық
референдумға) қатысу үшiн демалыс беруден бас
тартуы
Жұмыс берушiнiң депутаттыққа немесе өзге де сайланбалы лауазымға тiркелген
кандидатқа не сайлау комиссиясының мүшесiне мемлекеттiк билік, басқару органдарына
және жергiлiктi өзiн-өзi басқару органдарына сайлауды (республикалық референдумды)
әзiрлеу мен өткiзуге қатысу үшiн заңнамалық актiлерде көзделген демалысты беруден
бас тартуы –
отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
112-бап. Бұқаралық ақпарат құралдары арқылы сайлау
алдындағы үгiтті жүргiзу шарттарын бұзу
1. Бұқаралық ақпарат құралдарының сайлау алдындағы
іс-шаралардың мақсаттарын, міндеттері мен нәтижелерін бұрмалаудан көрінетін,
кандидаттардың, саяси партиялардың сайлау науқанын,
сондай-ақ олармен байланысты оқиғалар мен фактілерді объективті көрсетпеуі –
жеке тұлғаларға – жиырма, лауазымды адамдарға – отыз, заңды тұлғаларға елу
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Бұқаралық ақпарат құралдарының кандидаттың немесе саяси партияның
абыройына, қадiр-қасиетiне және iскерлiк беделiне көрінеу нұқсан келтiретiн үгіт
материалдары мен өзге де ақпаратты жариялауы, сондай-ақ аталған тұлғаларға
абыройын, қадiр-қасиетiн және iскерлiк беделiн қорғауы үшін теріске шығаруды тегін
жариялауына мүмкіндік беруден бас тарту –
жеке тұлғаларға – жиырма, лауазымды адамдарға – отыз, заңды тұлғаларға елу
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Кандидаттардың теледидар мен радиода сөйлеп жатқан сөздерін бөлу және
сөйлеген сөздерінен кейін іле-шала, сондай-ақ баспа басылымдарындағы сөздеріне сол
бір нөмірде түсініктеме жасау –
жеке тұлғаларға – жиырма, лауазымды адамдарға – отыз, заңды тұлғаларға елу
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Бұқаралық ақпарат құралдарының барлық кандидаттарды және партиялық
тізімдерді ұсыну, оларды сайлау комиссияларының тіркеуі жөніндегі іс-шаралар туралы
ақпаратты баспасөз бетінен орын, эфир уақыты бойынша бірдей көлемде тарату туралы
талаптарды бұзуы –
жеке тұлғаларға – жиырма, лауазымды адамдарға – отыз, заңды тұлғаларға елу
айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
5. Сайлауды тағайындау (жариялау) туралы шешім ресми жарияланғаннан кейінгі
оныншы күннен кешіктірмей бұқаралық ақпарат құралдарының эфирден және баспасөзден
орын бергені үшін төлемнің мөлшері, шарттары және тәртібі туралы мәліметті
хабарламастан және жарияламастан, сондай-ақ сайлау комиссиясына берместен сайлауға
қатысатын кандидаттардың, саяси партиялардың үгіт материалдарын жариялауы немесе
эфирге шығаруы –
лауазымды адамдарға – отыз, заңды тұлғаларға елу айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
6. Бұқаралық ақпарат құралының кандидаттардың біріне, партиялық тізімді
ұсынған саяси партияға эфир уақытын, баспасөз бетінен орын беруден бас тартуы, егер
басқа кандидатқа, партиялық тізімді ұсынған саяси партияға осы бұқаралық ақпарат
құралы эфир уақытын, баспасөз бетінен орын беруге келісім берілсе, –
лауазымды адамдарға – отыз, заңды тұлғаларға елу айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
7. Кандидаттардың және партиялық тізімдерді ұсынған саяси партиялардың
бұқаралық ақпарат құралдарында жазбаша өтініштердің келіп түсу ретімен не егер
өтініштер бір мезгілде келіп түссе жеребе бойынша белгіленген сөз сөйлеу
кезектілігінің бұзылуы –
лауазымды адамдарға – отыз, заңды тұлғаларға елу айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
8. Кандидаттарға және партиялық тізімдерді ұсынған саяси партияларға
бұқаралық ақпарат құралдарында эфир уақытын, баспасөз бетінен орын беру туралы шарт
талаптармен қандай да бір кандидатқа, партиялық тізімді ұсынған саяси партияға
артықшылық туғызу –
лауазымды адамдарға – отыз, заңды тұлғаларға елу айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
113-бап. Анонимдік үгiттеу материалдарын дайындау немесе
тарату
Мемлекеттiк билік органдарына және жергiлiктi өзiн-өзi басқару органдарына
сайлауды (республикалық референдумды) әзiрлеу мен өткiзу кезеңiнде үгіттеу
материалдарын шығарған ұйымдар, олардың басылған жерi, таралымы, тапсырыс берген
тұлғалар және қандай қаражаттан төленгені туралы ақпараты жоқ үгiттік баспа және
электрондық материалдарды дайындау немесе тарату, сондай-ақ үгіттік баспа
материалдарын Қазақстан Республикасының аумағынан тыс жерде дайындау, анонимдік
үгіттеу материалдарын тарату –
жиырма бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
114-бап. Үгіттеу материалдарын қасақана жою, бүлдіру
Депутаттыққа немесе өзге де сайланбалы қызметке кандидаттардың ғимараттарға,
құрылыстарға және өзге де объектілерге меншік иесінің немесе өзге де иеленушінің
келісімімен ілінген үгіттеу материалдарын қасақана жою, бүлдіру –
он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
115-бап. Сайлауды (республикалық референдумды) әзiрлеу
мен өткiзуге қаражаттың жұмсалғаны туралы
есептердi ұсынбау немесе жарияламау
Кандидаттың, депутат болып немесе өзге де сайланбалы лауазымға сайланған
адамның не саяси партияның сайлау қорларына түскен түсiмдердiң (қайырмалдықтардың)
мөлшерi туралы және сайлау қорларын құру көздерi туралы мәлiметтердi, сондай-ақ
сайлау қоры қаражатының пайдаланылғаны туралы есептi ұсынбауы –
кандидатқа, депутат болып немесе өзге де сайланбалы лауазымға сайланған
адамға – он бес, заңды тұлғаға елу айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
116-бап. Сайлау науқанын сайлау қорларынан тыс
қаржыландыру немесе оған өзге де материалдық
көмек көрсету
Кандидаттарға, партиялық тiзiмдерді ұсынған саяси партияларға олардың сайлау
қорларынан тыс қаржылық немесе өзге де материалдық көмек көрсету –
жеке тұлғаларға – жиырма бес, шағын кәсіпкерлік субъектілеріне немесе
коммерциялық емес ұйымдарға – отыз, орта кәсіпкерлік субъектілеріне – қырық, ірі
кәсіпкерлік субъектілеріне елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
117-бап. Мемлекеттiк сайланбалы лауазымға кандидаттың не
саяси партияның шетел мемлекеттерінен,
ұйымдарынан, шетелдіктерден және азаматтығы жоқ
адамдардан қайырмалдықтар алуы
Депутаттыққа немесе өзге де мемлекеттiк сайланбалы қызметке кандидаттың не
саяси партияның шетел мемлекетінен, халықаралық ұйымнан немесе халықаралық қоғамдық
бiрлестiктен, шет елдердiң мемлекеттiк органдарынан, шетелдiктерден және басқа
мемлекеттiң заңнамасына сәйкес құрылған заңды тұлғалардан, сондай-ақ азаматтығы жоқ
адамдардан кез келген нысанда қайырмалдықтар алуы –
қайырмалдық заттары тәркілене отырып, депутаттыққа немесе өзге де сайланбалы
лауазымға кандидатқа – елу, заңды тұлғаға бір жүз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
118-бап. Жеке және заңды тұлғалардың кандидаттарға, саяси
партияларға олардың жазбаша келiсiмiнсiз
қызметтер көрсетуi
Жеке және заңды тұлғалардың кандидаттарға, саяси партияларға олардың сайлау
алдындағы қызметiне байланысты олардың жазбаша келiсiмiнсiз қызметтер көрсетуi –
жеке тұлғаларға – жиырма, шағын кәсіпкерлік субъектілеріне немесе
коммерциялық емес ұйымдарға – отыз, орта кәсіпкерлік субъектілеріне – қырық, ірі
кәсіпкерлік субъектілеріне елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
119-бап. Дауыс беру қорытындылары туралы немесе сайлау
(республикалық референдум) нәтижелерi туралы
мәлiметтердi ұсынбау не жарияламау
1. Учаскелiк сайлау комиссиясы төрағасының кандидаттың сенiм бiлдiрілген
тұлғасына, бұқаралық ақпарат құралдарының өкiлiне, байқаушыға танысу үшін
Республиканың заңнамасына сәйкес ұсынылуы мiндеттi дауыс беру қорытындылары туралы
мәлiметтердi ұсынбауы –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, округтiк сайлау комиссиясының
төрағасы жасаған іс-әрекет, сондай-ақ оның сайлау заңнамасында (республикалық
референдум туралы заңнамада) белгiленген сайлау (республикалық референдум)
нәтижелерi туралы мәлiметтердiң жариялану мерзiмдерiн бұзуы не оларды толық
жарияламауы –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Осы баптың бiрiншi бөлiгiнде көзделген, аумақтық сайлау комиссиясының
төрағасы жасаған әрекет, сондай-ақ оның сайлау заңнамасында (республикалық
референдум туралы заңнамада) белгiленген сайлаудағы (республикалық референдумдағы)
дауыс беру қорытындылары туралы мәлiметтердiң жариялану мерзiмдерiн бұзуы не оларды
толық жарияламауы –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Осы баптың бiрiншi және үшiншi бөлiктерiнде көзделген, Қазақстан
Республикасы Орталық сайлау комиссиясының Төрағасы жасаған іс-әрекеттер –
жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
120-бап. Сайлауға байланысты қоғамдық пiкiрге сауалнама
жүргiзу шарттарын бұзу
1. Бұқаралық ақпарат құралдарының сайлауға байланысты қоғамдық пiкiрге
сауалнама нәтижелерiн, сайлау нәтижелерi болжамдарын, өзге де зерттеулердi жариялау
тәртiбiн бұзуы, атап айтқанда, сауалнама жүргізген ұйымды, сауалнамаға тапсырыс
берген және оның ақысын төлеген тұлғаларды, сауалнама жүргізілген уақытты, ақпарат
жинау әдісін, сұрақтардың нақты тұжырымын, сауал қойылғандардың санын және
сауалнама нәтижелерінің қателік коэффицентін көрсетпеу –
жеке тұлғаларға – он бес, заңды тұлғаларға отыз айлық есептік көрсетіш
мөлшерінде айыппұл салуға әкеп соғады.
2. Бұқаралық ақпарат құралдарында сайлауға байланысты қоғамдық пiкiрге
сауалнама нәтижелерiн, сайлау нәтижелерi болжамдарын, өзге де зерттеулердi дауыс
беретін күнге дейінгі бес күн ішінде және дауыс беру күні жариялау, сондай-ақ
сайлау болатын күнi дауыс беруге арналған үй-жайда немесе пунктте қоғамдық пiкiрге
сауалнама жүргiзу –
жеке тұлғаларға – он, заңды тұлғаларға жиырма бес айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
121-бап. Дауыстарды санау басталғаннан кейін сайлаушылар
(таңдаушылар) тізіміне өзгерістер енгізу
Дауыстарды санау басталғаннан кейін сайлаушылар (тыңдаушылар) тізіміне
өзгерістер енгізу –
жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
122-бап. Сайлау алдындағы үгітті жүргізу шарттарын бұзу
1. Мемлекеттік органдардың, жергілікті өзін-өзі басқару органдарының, сондай-
ақ қызметтік міндеттерін атқару кезінде олардың лауазымды адамдарының, Қазақстан
Республикасы Қарулы Күштерінің, Қазақстан Республикасының басқа да әскерлері мен
әскери құралымдарының әскери қызметшілерінің, ұлттық қауіпсіздік органдары, құқық
қорғау органдары қызметкерлерінің, судьялардың, сайлау комиссиялары мүшелерінің,
діни бірлестіктердің сайлау алдындағы үгіт жүргізуі, сондай-ақ аталған тұлғалардың
кез келген сайлау алдындағы үгіттеу материалдарын таратуы –
жеке тұлғаларға – жиырма, лауазымды адамдарға отыз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Сайлаушыларға тегін немесе жеңілдік шарттарымен тауарлар беру, қызметтер
көрсету, бағалы қағаздар беру, сондай-ақ лотереялар, қайырымдылық акцияларын
өткізу, ақша төлеу не осындайларға уәде беру арқылы сайлау алдындағы үгіт жүргізу –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Кандидаттар не олардың сенім білдірілген тұлғалары болып тіркелген
журналистердің, бұқаралық ақпарат құралдары редакциялары лауазымды адамдарының
сайлауды бұқаралық ақпарат құралдары арқылы жариялауға қатысуы –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
123-бап. Кандидаттарға сайлаушылармен кездесу үшін
үй-жайлар беру шарттарын бұзу
Жергілікті атқарушы органдар және өзін-өзі басқару органдары лауазымды
адамдарының кандидаттардың біріне, партиялық тізімді ұсынған саяси партияға
сайлаушылармен кездесу үшін шарттық негізде үй-жайлар беруден бас тартуы, егер
басқа кандидатқа және партиялық тізімді ұсынған саяси партияға келісім берілсе, –
отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
124-бап. Үгіт материалдарын орналастыру
Үгіт материалдарын ескерткіштерде, обелисктерде, тарихи, мәдени немесе
сәулеттік құндылығы бар ғимараттар мен құрылыстарда, сондай-ақ дауыс беруге
арналған үй-жайларда орналастыру –
жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
125-бап. Сайлау алдындағы үгіт жүргізуге республикалық
бюджеттен бөлінген қаражатты жұмсау тәртібін
бұзу
Депутаттыққа немесе өзге сайланбалы лауазымға кандидаттардың сайлау алдындағы
үгіт жүргізуге республикалық бюджеттен бөлінген қаражатты нысаналы жұмсамауы –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады
126-бап. Сайлауда кандидаттардың, саяси партиялардың
сенім білдірілген адамдарының, бұқаралық ақпарат
құралдары өкілдерінің және байқаушылардың заңды
қызметіне кедергі келтіру
1. Кандидаттардың, саяси партиялардың сенім білдірілген тұлғаларының,
Қазақстан Республикасының саяси партиялары, өзге де қоғамдық бірлестіктері,
коммерциялық емес ұйымдары байқаушыларының, бұқаралық ақпарат құралдары өкілдерінің
сайлау комиссиясының отырыстарына қатысу не сайлау учаскесінде дауыс беру күні ол
ашылған кезден бастап және сайлаушылардың дауыстарын санау кезінде дауыс беру
нәтижелері анықталғанға дейін болу не сайлау учаскесінде, дауыс беруге арналған
пунктте дауыс беру барысын, дауыстарды санау және дауыс беру нәтижелерін ресімдеу
рәсімін байқау не электрондық сайлау жүйесінің жабдығын ашу және орнату кезінде,
сондай-ақ оның жұмыс істеуін тексеру кезінде қатысу құқығына, мұндай құқық заңда
көзделген жағдайларда кедергі келтіру –
отыз бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Кандидаттардың, саяси партиялардың сенім білдірілген тұлғаларының,
Қазақстан Республикасының саяси партиялары, өзге де қоғамдық бірлестіктері,
коммерциялық емес ұйымдары байқаушыларының дауыс беруге арналған үй-жайдан тыс
жерде дауыс беруді ұйымдастыру үшін сайлау комиссиясының мүшелеріне ілесіп жүру не
дауыс беруге арналған үй-жайдан тыс жерде сайлаушылардың дауыс беруін өткізу
кезінде қатысу не фото-, аудио- және бейнежазбаны жүзеге асыру не дауыс беру
нәтижелері туралы хаттамаларды жоғары тұрған сайлау комиссияларына беру рәсімін
байқау не дауыс беруге, оның ішінде үй-жайдан тыс жерде дауыс беруге қатысқан
сайлаушылардың саны туралы ақпаратты алудан бас тарту не тиісті сайлау
комиссиясының және (немесе) оның мүшелерінің шешімдеріне, әрекеттеріне
(әрекетсіздігіне) шағым жасау құқығына, мұндай құқық заңда көзделген жағдайларда
кедергі келтіру –
отыз бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Кандидаттардың, саяси партиялардың сенім білдірілген тұлғаларына
дауыстарды қайта санаудан бас тарту, мұндай құқық заңда көзделген жағдайларда –
отыз бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Шет мемлекеттер мен халықаралық ұйымдар байқаушыларының, шетелдік
бұқаралық ақпарат құралдары өкілдерінің сайлау процесінің барлық кезеңіне қатысу не
сайлау комиссияларынан сайлау науқанының барысы туралы ақпарат алу не дауыс беруді
өткізу және дауыстарды санау кезінде сайлау учаскелеріне кіру не сайлау процесіне
қатысушылармен кездесу, не жария мәлімдемелер жасау не дауыс беру нәтижелері туралы
хаттамаларды жоғары тұрған сайлау комиссияларына беру рәсімдерін байқау құқығына,
мұндай құқық заңда көзделген жағдайларда кедергі келтіру –
отыз бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
12-тарау. КӘМЕЛЕТКЕ ТОЛМАҒАНДАРДЫҢ ҚҰҚЫҒЫНА ҚОЛ СҰҒАТЫН
ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚТАР
127-бап. Ата-ананың немесе басқа да заңды өкiлдердiң
балаларды тәрбиелеу жөнiндегi мiндеттердi
орындамауы
1. Ата-ананың немесе басқа да заңды өкiлдердiң кәмелетке толмаған балаларды
тәрбиелеу мен оқыту жөнiндегi мiндеттердi орындамауы –
жеті айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға не он бес тәулікке
дейін әкімшілік қамаққа алуға әкеп соғады.
128-бап. Кәмелетке толмаған адамды әкiмшiлiк құқық
бұзушылық жасауға тарту
Кәмелетке толмаған адамды әкiмшiлiк құқық бұзушылық жасауға тарту –
бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
129-бап. Жергілікті атқарушы органдардың лауазымды
адамдарының және (немесе) баланың заңды
өкілдерінің тұрғын үйге мұқтаж жетім балаларды,
ата-анасының қамқорлығынсыз қалған балаларды
есепке қою жөніндегі міндеттерді орындамауы
1. Жергілікті атқарушы органдардың лауазымды адамдарының және (немесе)
баланың заңды өкілдерінің тұрғын үйге мұқтаж жетім балаларды, ата-анасының
қамқорлығынсыз қалған балаларды есепке қою жөніндегі міндеттерді орындамауы, сол
сияқты белгіленген мерзімді бұза отырып есепке қою –
бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған іс-әрекеттер –
екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
130-бап. Жергілікті атқарушы органдардың лауазымды
адамдарының және (немесе) баланың заңды
өкілдерінің жетім балалардың, ата-анасының
қамқорлығынсыз қалған балалардың тұрғын жайын
сақтау жөніндегі міндеттерді орындамауы
1. Жергілікті атқарушы органдардың лауазымды адамдарының және (немесе)
баланың заңды өкілдерінің жетім балалардың, ата-анасының қамқорлығынсыз қалған
балалардың тұрғын жайын сақтау жөніндегі міндеттерді орындамауы –
төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бір жыл ішінде қайталап жасалған іс-әрекет –
бес жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
131-бап. Кәмелетке толмаған адамды масаң күйге дейiн
жеткiзу
Кәмелетке толмаған адамды масаң күйге дейiн жеткiзу –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға не бес тәулікке
дейінгі мерзімге әкімшілік қамаққа алуға әкеп соғады.
132-бап. Кәмелетке толмағандардың түнгi уақытта
ойын-сауық мекемелерiнде болуына жол беру
1. Кәмелетке толмағандардың түнгi уақытта (сағат 22-ден таңғы 6-ға дейiн)
заңды өкiлдерiнiң бірге жүруiнсiз ойын-сауық мекемелерiнде болуына жол беру –
жеке тұлғаларға – отыз, шағын кәсіпкерлік субъектілеріне немесе коммерциялық
емес ұйымдарға – қырық бес, орта кәсіпкерлік субъектілеріне – алпыс, ірі
кәсіпкерлік субъектілеріне бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
қызметті немесе жекелеген қызмет түрлерін тоқтата тұрып, жеке тұлғаларға –
алпыс, шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға –
тоқсан, орта кәсіпкерлік субъектілеріне – бір жүз жиырма, ірі кәсіпкерлік
субъектілеріне екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
133-бап. Он сегiз жасқа толмаған адамдарға темекiнi және
темекi бұйымдарын сату және олардың сатуы
1. Он сегiз жасқа толмаған адамдарға темекiнi және темекi бұйымдарын сату
және олардың сатуы –
жеке тұлғаларға – жиырма, шағын кәсіпкерлік субъектілеріне – қырық, орта
кәсіпкерлік субъектілеріне – алпыс, ірі кәсіпкерлік субъектілеріне сексен айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
қызметті немесе жекелеген қызмет түрлерін тоқтата тұрып, жеке тұлғаларға –
қырық, шағын кәсіпкерлік субъектілеріне – алпыс, орта кәсіпкерлік субъектілеріне –
сексен, ірі кәсіпкерлік субъектілеріне бір жүз алпыс айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
134-бап. Кәмелетке толмағандарға эротикалық мазмұндағы
заттар мен материалдарды сату
1. Кәмелетке толмағандарға эротикалық мазмұндағы баспа басылымдарын, кино-
немесе бейнематериалдарды, бейнелердi немесе өзге де заттарды не материалдарды сату
–
эротикалық мазмұндағы заттар мен материалдар тәркiлене отырып, жеке
тұлғаларға – жиырма, шағын кәсiпкерлiк субъектiлерiне – қырық, орта кәсiпкерлiк
субъектiлерiне – алпыс, iрi кәсiпкерлiк субъектiлерiне сексен айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
эротикалық мазмұндағы заттар мен материалдар тәркiлене отырып, жеке
тұлғаларға – қырық, шағын кәсiпкерлiк субъектiлерiне – алпыс, орта кәсiпкерлiк
субъектiлерiне – сексен, iрi кәсiпкерлiк субъектiлерiне бір жүз алпыс айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
135-бап. Бала асырап алуға, қорғаншылыққа
(қамқоршылыққа), жеке тұлғалардың отбасына
тәрбиелеуге берудi қажет ететiн кәмелетке
толмағандар туралы мәлiметтердi ұсыну тәртiбi
мен мерзiмдерiн бұзу
1. Қарауында ата-анасының қамқорлығынсыз қалған балалар бар ұйымдар
басшыларының, сондай-ақ Қазақстан Республикасының атқарушы органдары лауазымды
адамдарының:
1) бала асырап алуға, қорғаншылыққа (қамқоршылыққа), жеке тұлғалардың
отбасына тәрбиелеуге берудi қажет ететiн кәмелетке толмағандар туралы мәлiметтердi
ұсыну мерзiмдерiн сақтамау;
2) бала туралы анық емес мәлiметтер ұсыну, ата-анасының қамқорлығынсыз қалған
балалардың өңірлік және орталықтандырылған есебіне ата-анасының қамқорлығынсыз
қалған баланы қою үшін оны отбасыға орналастыру мүмкіндігін көрсетуге жататын
деректерді жасыру;
3) ата-анасының қамқорлығынсыз қалған балалардың өңірлік, орталықтандырылған
есебінде балалардың бар-жоғы туралы мәліметтерді және олар туралы деректерді
жекелеген азаматтарға, мекемелер мен қоғамдық ұйымдарға заңсыз жария ету;
4) жетім балалар мен ата-анасының қамқорлығынсыз қалған балаларды бастапқы,
өңірлік, орталықтандырылған есепке алуды жүргізу тәртібін бұзу түрінде жасаған
бұзушылығы –
отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
алпыс айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
13-тарау. МЕНШIККЕ ҚОЛ СҰҒАТЫН ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚТАР
136-бап. Жерге мемлекеттiк меншiк құқығын бұзу
Мемлекеттiк жер учаскелерiн заңсыз иеленіп алу немесе айырбастау не жерге
мемлекеттiк меншiк құқығын тiкелей немесе жанама нысанда бұзатын басқа да мәмiлелер
жасау, сондай-ақ уақытша иеленген мемлекеттiк жердi уақтылы қайтармау –
жеке тұлғаларға – жетпіс бес, лауазымды адамдарға, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – бір жүз, орта кәсiпкерлiк
субъектiлерiне – бір жүз елу, iрi кәсiпкерлiк субъектiлерiне жеті жүз айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
137-бап. Жер учаскесіне құқық беру кезінде және жер
учаскесінің нысаналы мақсатын өзгерту кезінде
Қазақстан Республикасының жер заңнамасын бұзу
1. Жер учаскесіне құқық беру кезінде және жер учаскесінің нысаналы мақсатын
өзгерту кезінде Қазақстан Республикасының жер заңнамасын:
1) жер учаскесіне немесе жер учаскесін жалдау құқығына жер учаскелерін
аукциондық және конкурстық тәсілмен беру қолданылмайтын жағдайларды қоспағанда,
мемлекеттік меншіктегі және жер пайдалануға берілмеген жер учаскелерін немесе жер
учаскелерін жалдау құқығын сауда-саттық (аукциондар мен конкурстар) өткізбей беру;
2) жеке және заңды тұлғалардың жер учаскесіне тиісті құқық беру туралы
өтінішхаттарын (өтініштерін) қараудың белгіленген мерзімдерін бұзу;
3) жергілікті атқарушы органның жер комиссиясының оң қорытындысынсыз және
(немесе) бекітілген жерге орналастыру жобасынсыз жер учаскелеріне құқық беру туралы
шешім қабылдауы;
4) жергілікті атқарушы органның жер учаскелеріне құқық беруден бас тарту
туралы шешім қабылдау мерзімін бұзуы;
5) жергілікті атқарушы органның жер учаскелеріне құқық беру туралы шешім
қабылдау мерзімін бұзуы;
6) жергілікті атқарушы органның жеке меншікте болуы мүмкін емес жер
учаскелеріне жеке меншік құқығын беру туралы шешім қабылдауы;
7) жергілікті атқарушы органның заңнамалық актілерде көзделмеген жағдайларда
жер учаскесін мемлекет мұқтажы үшін мәжбүрлеп иеліктен шығару туралы шешім
қабылдауы;
8) жергілікті атқарушы органның жер учаскелерін жер заңнамасында көзделген
нормадан артық көлемде жеке меншікке тегін беру туралы шешім қабылдауы, сондай-ақ
қайталап тегін беруі;
9) жергілікті атқарушы органның уақытша өтеусіз жер пайдалану құқығын жер
заңнамасында көзделмеген мақсаттарда немесе мерзімде беру туралы шешім қабылдауы;
10) жергілікті атқарушы органның шетелдіктерге және азаматтығы жоқ адамдарға
ауыл шаруашылығы мақсатындағы жерге жеке меншік құқығын беру туралы шешім
қабылдауы;
11) жергілікті атқарушы органның өзінің құзыретіне кірмейтін, жер
учаскелеріне құқықтар беру туралы шешім қабылдауы;
12) жер учаскесінің нысаналы мақсатын өзгерту туралы өтінішті қарау мерзімін
бұзу;
13) жер учаскесіне сәйкестендіру құжаттарын дайындау және беру мерзімдерін
бұзу;
14) жерге орналастыру жобасын қарау және бекіту мерзімдерін бұзу;
15) сатып алу-сату немесе уақытша өтеулі (өтеусіз) жер пайдалану шартын
жасасу мерзімдерін бұзу түрінде жасалған бұзушылықтар, егер бұл әрекеттерде
қылмыстық жазаланатын іс-әрекет белгілері болмаса, –
лауазымды адамдарға отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
лауазымды адамдарға алпыс айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
138-бап. Арнаулы белгiлердi жою
1. Жер учаскелерi шекараларының межелiк белгiлерiн жою –
ескерту жасауға немесе жеке тұлғаларға – үш, шағын кәсіпкерлік субъектілеріне
немесе коммерциялық емес ұйымдарға – он, орта кәсіпкерлік субъектілеріне – отыз,
ірі кәсіпкерлік субъектілеріне елу айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
2. Жерасты суларын байқайтын және режимдiк ұңғымаларды, су объектiлерiндегi
режимдiк байқау тұстамаларды, су қорғау немесе су шаруашылығы белгiлерiн, орман
қорындағы орман орналастыру немесе орман шаруашылығы белгiлерiн, маркшейдерлiк,
геодезиялық және нивелирлiк пункттер мен белгiлердi жою немесе бүлдiру –
жеке тұлғаларға – бес, шағын кәсіпкерлік субъектілеріне немесе коммерциялық
емес ұйымдарға – отыз, орта кәсіпкерлік субъектілеріне – жетпіс, ірі кәсіпкерлік
субъектілеріне бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
139-бап. Жер қойнауына мемлекеттiк меншiк құқығын бұзу
1. Жерасты суларын қоспағанда, жер қойнауын заңсыз пайдалану, жер қойнауына
мемлекеттiк меншiк құқығын тiкелей немесе жасырын нысанда бұзатын мәмiлелер жасау –
жеке тұлғаларға – елу, лауазымды адамдарға, шағын кәсіпкерлік субъектілеріне
– бір жүз, орта кәсіпкерлік субъектілеріне – бір жүз елу, ірі кәсіпкерлік
субъектілеріне бес жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекеттер –
әкiмшiлiк құқық бұзушылық жасау нәтижесінде алынған мүлік, әкімшілік құқық
бұзушылықты жасау құралдары мен заттары тәркiлене отырып, жеке тұлғаларға – бір
жүз, лауазымды адамдарға, шағын кәсіпкерлік субъектілеріне – бір жүз елу, орта
кәсіпкерлік субъектілеріне – екі жүз, ірі кәсіпкерлік субъектілеріне жеті жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
140-бап. Кен орны учаскелерiн таңдап өңдеу
1. Кен орны учаскелерiн пайдалы қазбалардың қалған қорлары сапасының
нашарлауына, олардың жобадан тыс және нормативтен тыс негiзсiз ысырабына әкеп
соғатын таңдап өңдеу –
шағын кәсіпкерлік субъектілеріне – бір жүз елу, орта кәсіпкерлік
субъектілеріне – екі жүз, ірі кәсіпкерлік субъектілеріне бір мың айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Қоршаған ортаға зиян келтiруге әкеп соққан, кен орны учаскелерiн өңдеу
жөнiндегi жобалық шешiмдердi сақтамау –
шағын кәсіпкерлік субъектілеріне – бір жүз, орта кәсіпкерлік субъектілеріне –
бір жүз елу, ірі кәсіпкерлік субъектілеріне бір мың айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
141-бап. Суға мемлекеттiк меншiк құқығын бұзу
1. Су объектiлерiн заңсыз басып алу, оның ішінде сарқынды және басқа да суды
ағызу, суды заңсыз пайдалану, су пайдалану құқығын басқаға беру, сондай-ақ суға
мемлекеттiк меншiк құқығын тiкелей немесе жасырын нысанда бұзатын басқа да
мәмiлелер жасау –
жеке тұлғаларға – отыз, лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне
немесе коммерциялық емес ұйымдарға – қырық, орта кәсіпкерлік субъектілеріне –
алпыс, iрi кәсiпкерлiк субъектiлерiне төрт жүз айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
2. Лимиттердi бұзып су алу, рұқсат берілген көлемнен асыру, гидротехникалық
жұмыстарды заңсыз жүргiзу, су объектiлерiнен шығарылған немесе бұрылған жерасты
және жерүстi суларын ұтымды, нысаналы пайдаланбау –
жеке тұлғаларға – он, лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне
немесе коммерциялық емес ұйымдарға – жиырма, орта кәсіпкерлік субъектілеріне –
отыз, iрi кәсiпкерлiк субъектiлерiне екі жүз елу айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
142-бап. Орманға мемлекеттiк меншiк құқығын бұзу
Орман қоры учаскелерiн сатып алу-сату, сыйға тарту, кепiлге беру, заңсыз
иелену және айырбастау, сондай-ақ орманға мемлекеттiк меншiк құқығын бұзатын орман
пайдалануды жүзеге асыру құқығын заңсыз басқаға беру –
жеке тұлғаларға – жиырма, лауазымды адамдарға – жиырма бес, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – жетпіс, орта кәсіпкерлік
субъектілеріне – бір жүз елу, iрi кәсiпкерлiк субъектiлерiне бес жүз айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
143-бап. Жануарлар мен өсiмдiктер дүниесiне мемлекеттiк
меншiк құқығын бұзу
1. Жануарлар дүниесi объектiлерiн пайдалану құқығын заңсыз басқаға беру,
сондай-ақ жануарлар дүниесiне мемлекеттiк меншiк құқығын тiкелей немесе жасырын
нысанда бұзатын басқа да мәмiлелер жасау, сол сияқты қорықтар мен басқа да ерекше
қорғалатын табиғи аумақтардағы пайдаланылуына рұқсат алу талап етiлетiн жануарлар
дүниесi объектiлерiн заңсыз пайдалану –
жеке тұлғаларға – он, лауазымды адамдарға – жиырма бес, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – жетпіс, орта кәсіпкерлік
субъектілеріне – бір жүз елу, iрi кәсiпкерлiк субъектiлерiне бес жүз айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Өсiмдiктер дүниесi объектiлерiн пайдалану құқығын заңсыз басқаға беру,
сондай-ақ өсiмдiктер дүниесiне мемлекеттiк меншiк құқығын тiкелей немесе жасырын
нысанда бұзатын басқа да мәмiлелер жасау, сол сияқты пайдаланылуына рұқсат алу
талап етiлетiн өсiмдiктер дүниесi объектiлерiн заңсыз пайдалану –
жеке тұлғаларға – он, лауазымды адамдарға – жиырма, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – елу, орта кәсіпкерлік
субъектілеріне – бір жүз, iрi кәсiпкерлiк субъектiлерiне үш жүз айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
144-бап. Энергияны немесе суды заңсыз қосу, пайдалану
1. Электр және (немесе) жылу энергиясын заңсыз қосу, пайдалану -
жеке тұлғаларға – елу, лауазымды адамдарға – бір жүз, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – бір жүз елу, орта кәсіпкерлік
субъектілеріне – екі жүз, iрi кәсiпкерлiк субъектiлерiне бес жүз айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Су құбырлары желiлерiнен суды заңсыз қосу, пайдалану, сол сияқты кәрiздiк
желiлерге заңсыз қосылу –
жеке тұлғаларға – отыз, лауазымды адамдарға – алпыс, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – бір жүз, орта кәсіпкерлік
субъектілеріне – бір жүз елу, iрi кәсiпкерлiк субъектiлерiне үш жүз айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
145-бап. Қазақстан Республикасының тарихи-мәдени мұра
объектілерін қорғау және пайдалану саласындағы
заңнамасын бұзу
Қазақстан Республикасының тарихи-мәдени мұра объектілерін қорғау және
пайдалану саласындағы заңнамасын:
1) тарих және мәдениет ескерткіштерін қорғау және күтіп-ұстау қағидаларын
бұзушылықтар;
2) тарих және мәдениет ескерткіштерін күтіп-ұстаудың қорғау міндеттемелерінде
жазылған шарттарын бұзушылықтар;
3) тарих және мәдениеттің жаңа ескерткіштерін орнату талаптарын бұзушылықтар;
4) тарих және мәдениет ескерткіштерінің орнын заңсыз ауыстыру және оларды
өзгерту;
5) аумақтарды игеру кезiнде жер учаскелерi бөлiп берiлгенге дейiн тарихи,
ғылыми, көркемдік және өзге де мәдени құндылығы бар объектiлердi анықтау жөнiнде
зерттеу жұмыстарын жүргiзбеу;
6) тарихи-мәдени мұра объектілерінің сақталып тұруына қатер төндіруі мүмкін
жұмыстарды жүргізу түрінде жасалған бұзу –
жүргізіліп жатқан жұмыстарды тоқтата тұрып, жеке тұлғаларға – он, лауазымды
адамдарға, шағын кәсiпкерлiк субъектiлерiне – елу, орта кәсіпкерлік субъектілеріне
– бір жүз, iрi кәсiпкерлiк субъектiлерiне екі жүз елу айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
146-бап. Егістіктердің немесе екпелердің үстімен жүру
Механикалық көлік құралымен, жегін көлікпен егістіктердің немесе екпелердің
үстімен жүру –
ескерту жасауға немесе бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
147-бап. Егістіктерді, маяларды таптау, ауыл шаруашылығы
дақылдарының алқапта жиналған астығын бүлдіру
немесе жою, екпелерді зақымдау
1. Ұйымдық-құқықтық нысандарына қарамастан, ауыл шаруашылығы ұйымдарының,
шаруа немесе фермер қожалықтарының, жеке қосалқы шаруашылықтардың егістіктерін,
маяларын малдың немесе құстың таптауы, ауыл шаруашылығы дақылдарының алқапта
жиналған астығын бүлдіру немесе жою не екпелерін зақымдау –
жеке тұлғаларға – жиырма, лауазымды адамдарға елу айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған дәл сол әрекеттер –
жеке тұлғаларға – қырық, лауазымды адамдарға жетпіс айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
148-бап. Мемлекеттiк заттай гранттарды қайтару
мерзiмдерiн бұзу
Мемлекеттiк заттай гранттардың инвестициялар туралы заңнамада белгiленген
қайтару мерзiмдерiн бұзу –
шағын кәсiпкерлiк субъектiлерiне – бір жүз елу, орта кәсiпкерлiк
субъектiлерiне – екі жүз, iрi кәсiпкерлiк субъектiлерiне бір мың айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
149-бап. Террористiк тұрғыдан осал объектiнiң терроризмге
қарсы қорғалуын қамтамасыз ету және
қауiпсiздiгiнiң тиiстi деңгейiн сақтау жөнiндегi
мiндеттердi орындамау және (немесе) тиiсiнше
орындамау
1. Террористiк тұрғыдан осал объектінің меншік иесінің не иеленушісінің не
басшысының өзiне сенiп тапсырылған объектiнiң терроризмге қарсы қорғалуын
қамтамасыз ету және қауiпсiздiгiнiң тиiстi деңгейiн сақтау жөнiндегi мiндеттердi
орындамауы және (немесе) тиiсiнше орындамауы –
жеке тұлғаларға немесе лауазымды адамдарға – бір жүз, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – екі жүз, орта кәсiпкерлiк
субъектiлерiне – үш жүз, iрi кәсiпкерлiк субъектiлерiне бес жүз айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер (әрекетсiздiк) –
жеке тұлғаларға немесе лауазымды адамдарға – екі жүз, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – үш жүз, орта кәсiпкерлiк
субъектiлерiне – бес жүз, iрi кәсiпкерлiк субъектiлерiне бір мың айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
150-бап. Қаржылық (инвестициялық) пирамиданың қызметiн
жарнамалау
Қаржылық (инвестициялық) пирамида қызметiнiң жарнамасын шығару, тарату және
орналастыру –
үш айға дейiнгi мерзiмге бұқаралық ақпарат құралының шығарылуын (эфирге
шығуын) тоқтата тұрып, жеке тұлғаларға – бiр жүз елу, лауазымды адамдарға – бiр жүз
жетпіс, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – екі
жүз, орта кәсiпкерлiк субъектiлерiне – үш жүз, iрi кәсiпкерлiк субъектiлерiне алты
жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
14-тарау. КӘСIПКЕРЛIК ҚЫЗМЕТ САЛАСЫНДАҒЫ ӘКIМШIЛIК ҚҰҚЫҚ
БҰЗУШЫЛЫҚТАР 151-бап. Шикiзатты, азық-түлiк және өнеркәсiп тауарларын
Қазақстан Республикасының шегiнен тыс жерге
әкету немесе жөнелту қағидаларын бұзу
1. Шикiзатты, азық-түлiк, өнеркәсiп тауарларын Қазақстан Республикасының
шегiнен тыс жерге әкету немесе жөнелту қағидаларын бұзу –
жеке тұлғаларға – бес, шағын кәсiпкерлiк субъектiлерiне – жиырма, орта
кәсiпкерлiк субъектiлерiне – отыз, iрi кәсiпкерлiк субъектiлерiне елу айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
шикізат немесе тауарлар тәркілене отырып немесе онсыз, жеке тұлғаларға – он,
шағын кәсiпкерлiк субъектiлерiне – жиырма бес, орта кәсiпкерлiк субъектiлерiне –
қырық, iрi кәсiпкерлiк субъектiлерiне алпыс айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
152-бап. Шикiзатты, азық-түлiк және өнеркәсiп тауарларын
Қазақстан Республикасының шегiнен тыс жерге
жөнелту үшiн қабылдау қағидаларын бұзу
Шикiзатты, азық-түлiк және өнеркәсiп тауарларын Қазақстан Республикасынан
жөнелту үшiн қабылдау қағидаларын пошта ұйымдарының, темiржол, автомобиль, өзен,
теңiз және әуе көлiгi қызметкерлері жасаған бұзушылық –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
153-бап. Заңсыз кәсiпкерлiк
Кәсiпкерлiк қызметтiң тыйым салынған түрлерiмен айналысу, егер бұл іс-әрекет
азаматқа, ұйымға немесе мемлекетке iрi залал келтiрсе не iрi мөлшерде кіріс алумен
немесе акцизделетiн тауарларды едәуiр мөлшерде өндiрумен, сақтаумен, тасымалдаумен
не өткiзумен ұштасқан болса, егер бұл әрекеттерде қылмыстық жазаланатын іс-әрекет
белгiлерi болмаса, –
жеке тұлғаларға, шағын кәсіпкерлік субъектілеріне – келтiрiлген залал
сомасының, алынған кіріс сомасының және заңсыз кәсiпкерлiк нәтижесiнде алынған
акцизделетiн тауарлар құнының – отыз, орта кәсiпкерлiк субъектiлерiне – қырық, iрi
кәсiпкерлiк субъектiлерiне елу пайызы мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпелер.
1. Осы Кодекстiң 153 және 155-баптарында азаматқа бiр мың айлық есептiк
көрсеткiштен аспайтын сомада келтiрiлген залал, не ұйымға немесе мемлекетке он мың
айлық есептiк көрсеткiштен аспайтын сомада келтiрiлген залал – iрi залал деп
танылады.
2. Осы Кодекстiң 153 және 155-баптарында сомасы он мың айлық есептiк
көрсеткiштен аспайтын кіріс – iрi мөлшердегi кіріс деп танылады.
3. Осы бапта құны бiр мың айлық есептiк көрсеткiштен аспайтын тауарлар саны –
едәуiр мөлшер деп танылады.
154-бап. Қазақстан Республикасының заңнамасында
кәсiпкерлiк қызметтi жүзеге асыруға тыйым салу
белгiленген адамның осындай қызметпен айналысуы
Қазақстан Республикасының заңнамасында кәсiпкерлiк қызметтi жүзеге асыруға
тыйым салу белгiленген адамның осындай қызметпен айналысуы –
әкiмшiлiк құқық бұзушылықтар жасау заттары және (немесе) құралдары және
(немесе) құқық бұзушылық жасау нәтижесінде алынған кірістер (дивидендтер), ақша,
бағалы қағаздар тәркiлене отырып, жеке тұлғаларға екi жүз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
155-бап. Заңсыз банктік қызмет
Азаматқа, ұйымға немесе мемлекетке iрi залал келтiрген не iрi мөлшерде кіріс
алумен ұштасқан, банктік қызметті (банк операцияларын) тiркеусіз немесе рұқсат
(лицензия) алу мiндеттi болған жағдайларда мұндай арнаулы рұқсатсыз (лицензиясыз)
жүзеге асыру, егер бұл әрекетте қылмыстық жазаланатын іс-әрекет белгiлерi болмаса,
–
жеке тұлғаларға, шағын кәсiпкерлiк субъектiлерiне – келтірілген залал
сомасының, заңсыз қызмет нәтижесінде алынған кіріс сомасының – отыз, орта
кәсiпкерлiк субъектiлерiне – қырық, ірі кәсiпкерлiк субъектiлерiне елу пайызы
мөлшерiнде айыппұл салуға әкеп соғады.
156-бап. Қазақстан Республикасының мәдениет туралы
заңнамасының талаптарын бұзу
1. Қазақстан Республикасының мәдениет туралы заңнамасының талаптарын:
1) фильмге прокаттау куәлігінсіз Қазақстан Республикасының аумағында
фильмдерді прокаттау және көпшiлiкке демонстрациялау;
2) көрермендерді фильм көрерменінің жас шегі (индексі) туралы белгiленген
тәртіппен хабардар етпеу;
3) «Е 18» және «НА» индекстері бар фильмдерді кинозалдарда және осы
мақсаттарға арналған өзге де орындарда және телеарналарда (шетелдік телеарналарды
қоспағанда) прокаттау және көпшілікке демонстрациялау кезінде белгіленген уақытты
сақтамау;
4) мәдени құндылықтарды уақытша әкету тәртібін және шарттарын сақтамау;
5) ұлттық кітапханаларға басылымның міндетті тегін данасын ұсынбау түрінде
жасалған бұзушылық –
ескерту жасауға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
жеке тұлғаларға – жиырма, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – отыз, орта кәсiпкерлiк субъектiлерiне – қырық, ірі
кәсiпкерлiк субъектiлерiне екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
157-бап. Көрiнеу жалған жарнама
Пайдакүнемдiк пиғылмен жасалған және iрi залал келтiрген, жарнама берушiнiң
жарнамада тауарларға, жұмыстарға немесе көрсетілетін қызметтерге, сондай-ақ оларды
өндiрушiлерге, орындаушыларға немесе сатушыларға қатысты көрiнеу жалған ақпаратты
пайдалануы –
жеке тұлғаларға – бір жүз, шағын кәсiпкерлiк субъектiлерiне – үш жүз елу,
орта кәсiпкерлiк субъектiлерiне – бес жүз, ірі кәсiпкерлiк субъектiлерiне бір мың
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпе. Осы бапта жеке тұлғаға айлық есептік көрсеткіштен бір жүз есе
асатын сомаға келтірілген залал не ұйымға немесе мемлекетке айлық есептік
көрсеткіштен бес жүз есе асатын сомаға келтірілген залал – ірі залал деп танылады.
158-бап. Бөтен тауар белгісін, қызмет көрсету белгісін,
тауар шығарылған жердің атауын немесе фирмалық
атауды заңсыз пайдалану
1. Бөтен тауар белгісін, қызмет көрсету белгісін немесе тауар шығарылған
жердің атауын немесе біртектес тауарларға немесе көрсетілетін қызметтерге арналған,
олармен ұқсас белгілемелерді заңсыз пайдалану, сондай-ақ бөтен фирмалық атауды
заңсыз пайдалану, егер бұл әрекеттерде қылмыстық жазаланатын іс-әрекет белгілері
болмаса, –
тауар белгісі, қызмет көрсету белгісі, тауар шығарылған жер атауы немесе
біртектес тауарларға немесе көрсетілетін қызметтерге арналған, олармен ұқсас
белгілемелер заңсыз бейнеленген тауарлар тәркілене отырып, жеке тұлғаларға – отыз,
шағын кәсiпкерлiк субъектiлерiне – қырық, орта кәсiпкерлiк субъектiлерiне – елу,
ірі кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
Ескертпелер:
1. Осы бапта көрсетілген құқық бұзушылықтарды жасағаны үшін тәркілеу – тауар
белгісінің, қызмет көрсету белгісінің, тауар шығарылған жер атауының немесе
фирмалық атауының, оның қаптамасының, бланкілерінің жасалған бейнесін немесе басқа
да заңсыз пайдаланылатын тауар белгісінің немесе тауар шығарылған жер атауының
құжаттамасын, сондай-ақ онымен айырғысыз дәрежеге дейін ұқсас белгілемені жою
мүмкін болмаған жағдайда жүргізіледі.
2. Осы баптың бірінші және екінші бөліктеріне сәйкес тәркіленген тауарлар,
оларды құқық иеленушіге оның өтінуі бойынша беретін жағдайларды қоспағанда, осы
Кодекстің 795-бабында көзделген тәртіппен жойылуға жатады.
159-бап. Монополистік қызмет
1. Нарық субъектiлерiнiң «Бәсекелестік туралы» Қазақстан
Республикасының Заңында тыйым салынған бәсекелестiкке қарсы келiсiмдерi, егер бұл
әрекеттерде қылмыстық жазаланатын іс-әрекет белгiлерi болмаса, –
монополистiк қызметтi бiр жылдан аспайтын мерзiмде жүзеге асыру нәтижесiнде
алынған монополиялық кіріс тәркiлене отырып, шағын немесе орта кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – монополистiк қызметтi жүзеге
асыру нәтижесiнде алынған кірістің (түсiмнiң) – үш, iрi кәсiпкерлiк субъектiлерiне
бес пайызы мөлшерiнде айыппұл салуға әкеп соғады.
2. Нарық субъектiлерiнiң «Бәсекелестік туралы» Қазақстан
Республикасының Заңында тыйым салынған бәсекелестiкке қарсы келiсiлген әрекеттерi,
егер бұл әрекеттерде қылмыстық жазаланатын iс-әрекет белгiлерi болмаса, –
монополистiк қызметтi бiр жылдан аспайтын мерзiмде жүзеге асыру нәтижесiнде
алынған монополиялық кіріс тәркiлене отырып, шағын немесе орта кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға монополистiк қызметтi жүзеге
асыру нәтижесiнде алынған кірістің (түсiмнiң) – үш, iрi кәсiпкерлiк субъектiлерiне
бес пайызы мөлшерiнде айыппұл салуға әкеп соғады.
3. Нарық субъектiлерiнiң «Бәсекелестік туралы» Қазақстан
Республикасының Заңында тыйым салынған өзiнiң үстем немесе монополиялық жағдайын
терiс пайдалануы, егер бұл әрекеттерде қылмыстық жазаланатын iс-әрекет белгiлерi
болмаса, –
монополистiк қызметтi бiр жылдан аспайтын мерзiмде жүзеге асыру нәтижесiнде
алынған монополиялық кіріс тәркiлене отырып, шағын немесе орта кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға монополистiк қызметтi жүзеге
асыру нәтижесiнде алынған кірістің (түсiмнiң) – үш, iрi кәсiпкерлiк субъектiлерiне
бес пайызы мөлшерiнде айыппұл салуға әкеп соғады.
4. Осы баптың бiрiншi, екiншi және үшiншi бөлiктерiнде көзделген, әкiмшiлiк
жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
монополистiк қызметтi бiр жылдан аспайтын мерзiмде жүзеге асыру нәтижесiнде
алынған монополиялық кіріс тәркiлене отырып, шағын немесе орта кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға монополистiк қызметтi жүзеге
асыру нәтижесiнде алынған кірістің (түсiмнiң) – бес, iрi кәсiпкерлiк субъектiлерiне
он пайызы мөлшерiнде айыппұл салуға әкеп соғады.
5. Жеке және (немесе) заңды тұлғалардың нарық субъектiлерiнiң экономикалық
қызметiн «Бәсекелестік туралы» Қазақстан Республикасының Заңында тыйым салынған
нарық субъектiлерiнiң бәсекелестiкке қарсы келiсiмдерiнiң кез келген нысанына әкеп
соқтыра алатындай, әкеп соқтыратын немесе әкеп соқтырған үйлестiруi –
жеке тұлғаларға – екі жүз, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – үш жүз елу, орта кәсiпкерлiк субъектiлерiне – бес
жүз, ірі кәсiпкерлiк субъектiлерiне бір мың айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
6. Осы баптың бесiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
жеке тұлғаларға – үш жүз, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – үш жүз елу, орта кәсiпкерлiк субъектiлерiне – жеті
жүз, ірі кәсiпкерлiк субъектiлерiне бір мың бес жүз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпелер.
Бәсекелестікке қарсы келiсiм немесе бәсекелестiкке қарсы келiсiлген әрекеттер
түрiндегi әкiмшiлiк құқық бұзушылық жасаған нарық субъектісі мынадай шарттарды
жиынтықты сақтаған:
1) нарық субъектiсi монополияға қарсы органға бәсекелестiкке қарсы келiсiмдер
немесе бәсекелестікке қарсы келiсiлген әрекеттер туралы мәлiмдеген кезде
монополияға қарсы орган басқа көздерден осы бәсекелестiкке қарсы келiсiмдер немесе
бәсекелестікке қарсы келiсiлген әрекеттер туралы ақпарат алмаған;
2) нарық субъектiсi бәсекелестiкке қарсы келiсiмдерге немесе бәсекелестікке
қарсы келiсiлген әрекеттерге өзiнiң қатысуын тоқтату жөнiнде шұғыл шаралар
қолданған;
3) нарық субъектiсi мәлiмдеген кезден бастап бүкiл тергеу бойында
бәсекелестiкке қарсы келiсiмдер немесе бәсекелестікке қарсы келiсiлген әрекеттер
фактiлерi туралы толық ақпаратты хабарлаған;
4) нарық субъектiсiнiң бәсекелестiкке қарсы келiсiмдер немесе бәсекелестікке
қарсы келiсiлген әрекеттердi жасау салдарынан тұтынушыларға келтiрiлген залалды
ерiктi түрде өтейтін кезде әкімшілік жауаптылықтан босатылады.
Ескерту. 159-бапқа өзгеріс енгізілді - ҚР 05.05.2015 № 312-V Заңымен (алғашқы
ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа
енгізіледі).
160-бап. Қазақстан Республикасының мемлекеттiк монополия
туралы заңнамасын бұзу
1. Мемлекеттiк монополия субъектiсiнiң Қазақстан Республикасының мемлекеттiк
монополия туралы заңнамасында белгiленген шектеулердi сақтамауы –
үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Мемлекеттiк монополия саласына жатқызылған қызметті уәкілеттік берілмеген
тұлғаның жүзеге асыруы –
әкімшілік құқық бұзушылық жасау заттары және (немесе) құралдары тәркілене
отырып немесе онсыз, жеке тұлғаларға – бір жүз, шағын кәсiпкерлiк субъектiлерiне –
бір жүз елу, орта кәсiпкерлiк субъектiлерiне – екі жүз, iрi кәсiпкерлiк
субъектiлерiне үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
161-бап. Нарық субъектiлерiнiң экономикалық шоғырлану
кезiндегі құқыққа сыйымсыз әрекеттерi
1. Егер монополияға қарсы орган келісімінің болуы қажет болған жағдайда,
нарық субъектiлерiнің мұндай келісімді алмастан экономикалық шоғырлануы,
экономикалық шоғырлануға қатысушы нарық субъектiлерiнiң экономикалық шоғырлануға
келісім беру туралы шешiмге негiз болған талаптар мен мiндеттемелердi орындамауы –
жеке тұлғаларға – сексен, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – екі жүз, орта кәсiпкерлiк субъектiлерiне – үш жүз
жиырма, ірі кәсiпкерлiк субъектiлерiне бір мың алты жүз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Егер жасалған экономикалық шоғырлану туралы хабарламаның болуы қажет
болған жағдайда, монополияға қарсы органға мұндай хабарламаны ұсынбау немесе
уақтылы ұсынбау –
жеке тұлғаларға – сексен, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – екі жүз, орта кәсiпкерлiк субъектiлерiне – үш жүз
жиырма, ірі кәсiпкерлiк субъектiлерiне бір мың алты жүз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
162-бап. Монополияға қарсы органның нұсқамасын орындамау.
Ақпарат беру жөнiндегi мiндеттемелердi бұзу және
үй-жайлар мен аумаққа кiруге кедергi жасау
Нұсқаманы орындамау немесе оны толық көлемде орындамау, монополияға қарсы
органға белгiленген мерзiмдерде ақпарат бермеу не ақпаратты толық көлемде бермеу,
монополияға қарсы органға анық емес және (немесе) жалған ақпарат беру, монополияға
қарсы органның
тергеп-тексеру жүргiзетiн лауазымды адамдарының үй-жайлар мен аумаққа кiруiне
кедергi жасау –
жеке тұлғаларға – сексен, лауазымды адамдарға, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – бір жүз алпыс, орта кәсiпкерлiк
субъектiлерiне – үш жүз алпыс, ірі кәсiпкерлiк субъектiлерiне бір мың алты жүз
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
163-бап. Мемлекеттiк, жергілікті атқарушы органдардың
бәсекелестікке қарсы әрекеттерi, жосықсыз
бәсекелестік
1. Мемлекеттiк, жергілікті атқарушы органдардың бәсекелестікке қарсы
әрекеттерi –
лауазымды адамдарға үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Жосықсыз бәсекелестік –
шағын кәсiпкерлiк субъектiлерiне – екі жүз, орта кәсiпкерлiк субъектiлерiне –
үш жүз, ірі кәсiпкерлiк субъектiлерiне бір мың бес жүз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
3. Осы баптың екінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін
бір жыл ішінде қайталап жасалған әрекет –
шағын кәсiпкерлiк субъектiлерiне – үш жүз, орта кәсiпкерлiк субъектiлерiне –
төрт жүз, ірі кәсiпкерлiк субъектiлерiне екі мың айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
164-бап. Қазақстан Республикасының табиғи монополиялар
және реттелетін нарықтар туралы заңнамасын бұзу
1. Табиғи монополия субъектісінің табиғи монополиялар салаларындағы және
реттелетін нарықтардағы басшылықты жүзеге асыратын уәкілетті органға белгіленген
нысандардағы ақпаратты, есепті, хабарламаны бермеуі, сол сияқты белгіленген
нысандардағы ақпаратты, есепті, хабарламаны белгіленген мерзімдерін бұза отырып
беруі –
шағын кәсiпкерлiк субъектiлерiне – екі жүз, орта кәсiпкерлiк субъектiлерiне –
екі жүз қырық, ірі кәсiпкерлiк субъектiлерiне сегіз жүз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған дәл сол әрекеттер (әрекетсіздік) –
шағын кәсiпкерлiк субъектiлерiне – екі жүз қырық, орта кәсiпкерлiк
субъектiлерiне – екі жүз сексен, ірі кәсiпкерлiк субъектiлерiне бір мың екі жүз
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Табиғи монополия саласына жатқызылған қызметті жүзеге асыратын тұлғалардың
уәкілетті органға табиғи монополиялар және реттелетін нарықтар туралы заңнамада
белгіленген тәртіппен осы қызметті жүзеге асыру басталған күннен бастап күнтізбелік
он бес күн ішінде Табиғи монополиялар субъектiлерiнің мемлекеттік тіркеліміне
енгізу туралы өтінішті және құжаттарды (ақпаратты) ұсынбауы –
әкімшілік құқық бұзушылық жасау нәтижесінде алынған кіріс (түсім) сомасының
бір жүз пайызы мөлшерінде айыппұл салуға әкеп соғады.
4. Табиғи монополия субъектісінің шектеулерді сақтамауы, сол сияқты табиғи
монополиялар салаларындағы және реттелетін нарықтардағы басшылықты жүзеге асыратын
уәкілетті органға ақпарат, есеп, хабарлама беру міндетін қоспағанда, табиғи
монополия субъектісінің Қазақстан Республикасының табиғи монополиялар және
реттелетін нарықтар туралы заңнамасында белгіленген міндеттерді орындамауы немесе
тиісінше орындамауы –
шағын кәсiпкерлiк субъектiлерiне – екі жүз сексен, орта кәсiпкерлiк
субъектiлерiне – үш жүз жиырма, ірі кәсiпкерлiк субъектiлерiне бір мың алты жүз
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
5. Осы баптың үшінші бөлігінде көзделген, кіріс (түсім) алуға әкеп соққан
әрекет (әрекетсіздік) –
заңды тұлғаларға әкімшілік құқық бұзушылық жасау нәтижесінде алынған кірістің
(түсімнің) он пайызы мөлшерінде айыппұл салуға әкеп соғады.
Ескертпе. Әкімшілік құқық бұзушылық жасау нәтижесінде алынған кіріс (түсім)
деп табиғи монополия субъектісі алған кіріс (түсім) пен Қазақстан Республикасының
заңнамасы сақталған кезде табиғи монополия субъектісі алуға тиіс кіріс (түсім)
арасындағы айырма түсініледі.
165-бап. Электр энергиясын өткізу (сату) тәртібін бұзу
1. Электр энергиясын спот-сауда-саттықта (өздері өндіретін электр энергиясы
көлемінің он пайызынан аспайтын), теңгерімдеуші нарықта және экспортқа өткізу
(сату) жағдайларын қоспағанда, энергия өндіруші ұйымның электр энергиясының
тиісінше шекті, жеке, есептік тарифінен асатын тариф бойынша өткізуі (сатуы) –
заңды тұлғаларға әкімшілік құқық бұзушылық жасау нәтижесінде алынған кірістің
(түсімнің) он пайызы мөлшерінде айыппұл салуға әкеп соғады.
2. Электр энергиясының экспорты жағдайларын қоспағанда, энергия өндіруші
ұйымның көтерме және (немесе) бөлшек сауда нарығының субъектілері болып табылмайтын
жеке және заңды тұлғаларға электр энергиясын өткізуі (сатуы) –
заңды тұлғаларға әкімшілік құқық бұзушылық жасау нәтижесінде алынған кіріс
(түсім) сомасының бір жүз пайызы мөлшерінде айыппұл салуға әкеп соғады.
3. Энергия өндіруші ұйымның электр энергиясын энергия өндіруші басқа ұйымнан
заңсыз алуы (сатып алуы) –
заңды тұлғаларға әкімшілік құқық бұзушылық жасау нәтижесінде алынған (сатып
алынған) электр энергиясы үшін ақы төлеу сомасының бір жүз пайызы мөлшерінде
айыппұл салуға әкеп соғады.
4. Энергиямен жабдықтаушы ұйымның электр энергиясын энергиямен жабдықтаушы
басқа ұйымға заңсыз өткізуі (сатуы), сол сияқты оны энергиямен жабдықтаушы басқа
ұйымнан заңсыз алуы (сатып алуы) –
заңды тұлғаларға әкiмшiлiк құқық бұзушылық жасау нәтижесiнде өткізілген
(сатылған), сол сияқты алынған (сатып алынған) электр энергиясы үшін ақы төлеу
сомасының бір жүз пайызы мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпелер.
1. Әкімшілік құқық бұзушылық жасау нәтижесінде алынған кіріс (түсім) деп:
1) осы баптың бірінші бөлігі бойынша: осы бапта көзделген жағдайларды
қоспағанда, энергия өндіруші ұйымның алған кірісі (түсімі) мен электр энергиясының
тиісінше шекті, есептік, жеке тарифтері бойынша есептелген кіріс (түсім) арасындағы
айырма;
2) осы баптың екінші, үшінші және төртінші бөліктері бойынша: Қазақстан
Республикасының электр энергетикасы туралы заңнамасында белгіленген электр
энергиясын өткізуге (сатуға) тыйым салуды бұзу нәтижесінде алынған барлық кіріс
(түсім) түсініледі.
2. Кіріс (түсім) құрамына өткізілген (сатылған), бірақ әкімшілік құқық
бұзушылық туралы хаттама жасалған күнге ақысы төленбеген электр энергиясының құны
да енгізілуі керек.
166-бап. Реттелетін нарық субъектілерінің міндеттерді
бұзуы
1. Реттелетін нарық субъектісінің баға деңгейін растайтын негіздемелік
материалдарды қоса бере отырып, босату бағалары туралы ақпаратты, Қазақстан
Республикасының бухгалтерлік есеп пен қаржылық есептілік туралы заңнамасына сәйкес
қаржылық есептілікті, сондай-ақ монополиялы өндірілетін (өткізілетін) тауарлардың
(жұмыстардың, көрсетілетін қызметтердің) өндіру (өткізу) көлемдері, кірістілік
деңгейі мен босату бағалары туралы ақпаратты Қазақстан Республикасының табиғи
монополиялар және реттелетін нарықтар туралы заңнамасында белгіленген мерзімде
бермеуі, сол сияқты табиғи монополиялар салаларындағы және реттелетін нарықтардағы
басшылықты жүзеге асыратын уәкілетті органға анық емес және (немесе) толық емес
ақпаратты беруі –
шағын кәсіпкерлік субъектілеріне – үш жүз, орта кәсіпкерлік субъектілеріне –
төрт жүз, ірі кәсіпкерлік субъектілеріне екі мың айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
2. Реттелетін нарық субъектілерінің шекті бағаларда ескерілген инвестициялық
бағдарламаларды (жобаларды) орындамауы –
шағын кәсіпкерлік субъектілеріне, орта кәсіпкерлік субъектілеріне, ірі
кәсіпкерлік субъектілеріне инвестициялық бағдарламаларды (жобаларды) іске асыруға
пайдаланылмаған соманың он пайызы мөлшерiнде айыппұл салуға әкеп соғады.
3. Реттелетін нарық субъектілерінің алынған және шекті бағаларда ескерілген
инвестициялық бағдарламаларды (жобаларды) іске асыруға пайдаланылмаған кірісті
(түсімді) тұтынушыларға не тұтынушылардың толық тізбесін белгілеу мүмкін болмаған
жағдайда, баға белгілеу тәртібіне сәйкес алдағы кезеңге шекті бағаның деңгейін
төмендету арқылы қайтару жөніндегі міндетті орындамауы –
шағын кәсіпкерлік субъектілеріне – әкімшілік құқық бұзушылық жасау
нәтижесінде алынған кіріс (түсім) сомасының алпыс бес, орта кәсіпкерлік
субъектілеріне – сексен, ірі кәсіпкерлік субъектілеріне бір жүз пайызы мөлшерiнде
айыппұл салуға әкеп соғады.
4. Реттелетін нарық субъектілерінің шекті бағаны негізсіз асырып жіберу
нәтижесінде алынған кірісті (түсімді) тұтынушыларға не тұтынушылардың толық
тізбесін белгілеу мүмкін болмаған жағдайда, баға белгілеу тәртібіне сәйкес алдағы
кезеңге шекті бағаның деңгейін төмендету арқылы қайтару жөніндегі міндетті
орындамауы –
шағын кәсіпкерлік субъектілеріне – әкімшілік құқық бұзушылық жасау
нәтижесінде алынған кіріс (түсім) сомасының алпыс бес, орта кәсіпкерлік
субъектілеріне – сексен, ірі кәсіпкерлік субъектілеріне бір жүз пайызы мөлшерiнде
айыппұл салуға әкеп соғады.
5. Реттелетін нарық субъектісінің бағалардың алдағы көтерілетіні туралы
хабарламаны Қазақстан Республикасының заңнамасында белгіленген мерзімдерде табиғи
монополиялар салаларындағы және реттелетін нарықтардағы басшылықты жүзеге асыратын
уәкілетті органға ұсынбай тауарлардың (жұмыстардың, көрсетілетін қызметтердің)
бағасын көтеруі және оларды өткізуі, сол сияқты Қазақстан Республикасының табиғи
монополиялар және реттелетін нарықтар туралы заңнамасында белгіленген тәртіппен
қолданыстағы немесе жобаланып отырған бағаны табиғи монополиялар салаларындағы және
реттелетін нарықтардағы басшылықты жүзеге асыратын уәкілетті орган айқындаған баға
деңгейіне дейін төмендетпеуі –
шағын кәсіпкерлік субъектілеріне, орта кәсіпкерлік субъектілеріне, ірі
кәсіпкерлік субъектілеріне әкімшілік құқық бұзушылық жасау нәтижесінде алынған
кірістің (түсімнің) он пайызы мөлшерінде айыппұл салуға әкеп соғады.
Ескертпелер.
1. Әкiмшiлiк құқық бұзушылық жасау нәтижесiнде алынған кіріс (түсiм) деп:
1) осы баптың үшінші бөлігі бойынша: реттелетін нарық субъектісінің
инвестициялық бағдарламаларды (жобаларды) іске асыру үшін шекті бағаны қолдану
есебінен алған кірісі (түсімі) мен инвестициялық бағдарламаларды (жобаларды) іске
асыруға пайдаланылған кірістің (түсімнің) арасындағы айырма;
2) осы баптың төртінші бөлігі бойынша: реттелетін нарық субъектісінің алған
кірісі (түсімі) мен шекті баға деңгейі негізге алына отырып қалыптастырылған
кірістің (түсімнің) арасындағы айырма;
3) осы баптың екiншi бөлiгi бойынша: реттелетiн нарық субъектiсiнiң алған
кірісі (түсiмi) мен көтерілгенге дейiн қолданыста болған баға бойынша не табиғи
монополиялар салаларындағы және реттелетiн нарықтардағы басшылықты жүзеге асыратын
уәкiлеттi орган деңгейiн айқындаған баға бойынша есептелген кірістің (түсiмнің)
арасындағы айырма түсiнiледi.
2. Кіріс (түсiм) құрамына сатылған, бiрақ әкiмшiлiк құқық бұзушылық туралы
хаттама жасалған күнге ақысы төленбеген тауардың (жұмыстардың, көрсетiлетiн
қызметтердiң) құны да енгiзілуі керек.
167-бап. Реттелетін нарық субъектісінің баға белгілеу
тәртібін сақтамауы
Реттелетін нарық субъектісінің табиғи монополиялар салаларындағы және
реттелетін нарықтардағы басшылықты жүзеге асыратын уәкілетті орган белгілеген баға
белгілеу тәртібін сақтамауы –
шағын кәсiпкерлiк субъектiлерiне – үш жүз, орта кәсiпкерлiк субъектiлерiне –
төрт жүз, ірі кәсiпкерлiк субъектiлерiне екі мың айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
Ескерту. 167-бапқа өзгеріс енгізілді - ҚР 05.05.2015 № 312-V Заңымен (алғашқы
ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа
енгізіледі).
168-бап. Энергия өндіруші ұйымның инвестициялық
бағдарламаны орындамауы
Энергия өндіруші ұйымның табиғи монополиялар салаларындағы және реттелетін
нарықтардағы басшылықты жүзеге асыратын уәкілетті орган енгізген инвестициялық
бағдарламаны орындау туралы нұсқаманы орындамауы –
тұтынушылардан алынған және инвестициялық бағдарламаны іске асыру мақсатында
пайдаланылмаған сомалардың он пайызы мөлшерінде айыппұл салуға әкеп соғады.
169-бап. Қазақстан Республикасының биоотын өндірісін және
айналымын мемлекеттік реттеу туралы заңнамасын
бұзу
1. Биоотын өндірушілердің кейіннен биоотын етіп қайта өңдеу үшін тамақ
шикізатын сатып алуға арналған квота нормаларын асыруы –
шағын кәсiпкерлiк субъектiлерiне – екі жүз елу, орта кәсiпкерлiк
субъектiлерiне – үш жүз қырық, ірі кәсiпкерлiк субъектiлерiне бір мың бес жүз
жетпіс айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
асырылған квота мөлшерінде тамақ шикізатынан өндірілген өнім тәркілене отырып
және биоотынды өндіру жөніндегі қызметті үш айға дейінгі мерзімге тоқтата тұрып,
шағын кәсіпкерлік субъектілеріне – үш жүз, орта кәсіпкерлік субъектілеріне – үш жүз
тоқсан, ірі кәсіпкерлік субъектілеріне бір мың сегіз жүз жиырма айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Биоотын өндіру кезінде 1 және 2-сыныпты бидайды тамақ шикізаты ретінде
пайдалану –
шағын кәсіпкерлік субъектілеріне – бір жүз, орта кәсіпкерлік субъектілеріне –
екі жүз, ірі кәсіпкерлік субъектілеріне жеті жүз елу айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
4. Құрамы техникалық регламенттерде белгіленген құрамға сәйкес келмейтін
биоотынды сату –
шағын кәсіпкерлік субъектілеріне – екі жүз, орта кәсіпкерлік субъектілеріне –
үш жүз, ірі кәсіпкерлік субъектілеріне жеті жүз елу айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
5. Денатуратталмаған биоэтанолдың, оны биоотын өндіретін зауытқа немесе
биоотынның басқа түрлеріне қайта өңдеу үшін мұнай өңдейтін зауытқа жеткізу
жағдайларын қоспағанда, айналымын жүргізу –
шағын кәсіпкерлік субъектілеріне – екі жүз, орта кәсіпкерлік субъектілеріне –
үш жүз, ірі кәсіпкерлік субъектілеріне жеті жүз елу айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
6. Биоотын өндіретін нақ сол зауытта екі және одан да көп биоотын
өндірушілердің биоотын өндіруді жүзеге асыруы –
шағын кәсіпкерлік субъектілеріне – елу, орта кәсіпкерлік субъектілеріне – бір
жүз, ірі кәсіпкерлік субъектілеріне жеті жүз елу айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
7. Биоотын өндірушілердің биоотынды өндіру паспортынсыз, биоотын өндіру
көлемін есепке алуды бақылау аспаптарынсыз не олардың ақауы болған кезде өндіруі –
осы кезеңде өндірілген өнім тәркілене отырып, шағын кәсіпкерлік
субъектілеріне – бір жүз он, орта кәсіпкерлік субъектілеріне – екі жүз жиырма, ірі
кәсіпкерлік субъектілеріне жеті жүз отыз айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
8. Биоотын өндірушілердің генетикалық түрлендірілген көз (объект) болып
табылатын немесе құрамында генетикалық түрлендірілген көздер (объектілер) бар тамақ
шикізатын бұлардың қауіпсіздігін ғылыми негіздемелік растаусыз және бұларды
мемлекеттік тіркеуді жүргізбестен қабылдауы –
шағын кәсіпкерлік субъектілеріне – бір жүз жиырма бес, орта кәсіпкерлік
субъектілеріне – екі жүз елу, ірі кәсіпкерлік субъектілеріне тоғыз жүз қырық айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
9. Биоотын өндірушілердің биоотынды ілеспе жүкқұжаттарын ресімдемей өткізуі –
шағын кәсіпкерлік субъектілеріне – бір жүз отыз бес, орта кәсіпкерлік
субъектілеріне – екі жүз жетпіс, ірі кәсіпкерлік субъектілеріне жеті жүз он айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
10. Биоотын өндірушілердің, тиісті құжаттары болған кезде биоотынды
экспорттауды қоспағанда, биоотын өндіруді жүзеге асырмайтын және (немесе) мұнай
өнімдерін компаундтеуге лицензиясы жоқ тұлғаларға биоотынды өткізуі –
биоотынның өткізілген партиясына тең көлемде тәркілене отырып, шағын
кәсіпкерлік субъектілеріне – бір жүз елу, орта кәсіпкерлік субъектілеріне – үш жүз,
ірі кәсіпкерлік субъектілеріне тоғыз жүз тоқсан айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
11. Биоотын өндірушілердің өндірілген биоотынды, тиісті құжаттары болған
кезде биоотынды экспорттауды қоспағанда, биоотын нарығының қатысушылары болып
табылмайтын тұлғаларға оны сақтау үшін беруі –
биоотынның өткізілген партиясына тең көлемде тәркілене отырып, шағын
кәсіпкерлік субъектілеріне – бір жүз он, орта кәсіпкерлік субъектілеріне – үш жүз,
ірі кәсіпкерлік субъектілеріне алты жүз алпыс айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
12. Тиісті құжаттары болған кезде биоотынды экспорттауды қоспағанда, биоотын
нарығының қатысушылары болып табылмайтын және (немесе) мұнай өнімдерін
компаундтеуге лицензиясы жоқ тұлғалардың биоотынды сақтауы –
биоотынның өткізілген партиясына тең көлемде тәркілене отырып, шағын
кәсіпкерлік субъектілеріне – бір жүз отыз бес, орта кәсіпкерлік субъектілеріне –
бір жүз жетпіс, ірі кәсіпкерлік субъектілеріне екі жүз алпыс айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
13. Осы баптың жетінші, сегізінші, тоғызыншы, оныншы, он бірінші бөліктерінде
көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған
әрекеттер –
биоотынның тиісті көлемде тәркілене отырып, шағын кәсіпкерлік субъектілеріне
– екі жүз, орта кәсіпкерлік субъектілеріне – төрт жүз, ірі кәсіпкерлік
субъектілеріне бір мың үш жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
14. Осы баптың он екінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет -
шағын кәсіпкерлік субъектілеріне – бір жүз жиырма, орта кәсіпкерлік
субъектілеріне – екі жүз қырық, ірі кәсіпкерлік субъектілеріне төрт жүз отыз айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
170-бап. Қазақстан Республикасының газ және газбен
жабдықтау туралы заңнамасының талаптарын бұзу
1. Газбен жабдықтау жүйелері субъектісінің тауарлық, сұйытылған мұнай газын
және (немесе) сұйытылған табиғи газды өндіру, тасымалдау (тасу), сақтау және өткізу
жөніндегі мәліметтерді ұсынбауы, сол сияқты мәліметтерді белгіленген мерзімдерді
бұза отырып ұсынуы –
шағын кәсіпкерлік субъектілеріне – жиырма бес, орта кәсіпкерлік
субъектілеріне – елу, ірі кәсіпкерлік субъектілеріне бір жүз айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Қазақстан Республикасының газ және газбен жабдықтау туралы заңнамасында
белгіленген газбен жабдықтау жүйелері объектілерін пайдалану жөніндегі шектеулерді
сақтамау –
шағын кәсіпкерлік субъектілеріне – елу, орта кәсіпкерлік субъектілеріне – бір
жүз, ірі кәсіпкерлік субъектілеріне үш жүз айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
3. Қазақстан Республикасының газ және газбен жабдықтау туралы заңнамасында
белгіленген тауарлық және (немесе) сұйытылған мұнай газын есепке алу және (немесе)
өткізу тәртібін бұзу –
шағын кәсіпкерлік субъектілеріне – жетпіс бес, орта кәсіпкерлік
субъектілеріне – бір жүз елу, ірі кәсіпкерлік субъектілеріне жеті жүз айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
4. Жер қойнауын пайдаланушының мемлекеттің шикі және (немесе) тауарлық газды
сатып алуға артықшылықты құқығын бұзуы –
заңды тұлғаларға бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
5. Газбен жабдықтау жүйелері объектісі меншік иесінің тауарлық газбен
жабдықтаудың бірыңғай жүйесі объектілерін, тауарлық газбен жабдықтаудың бірыңғай
жүйесі объектілеріне ортақ меншік құқығындағы үлестерді және (немесе) тауарлық
газбен жабдықтаудың бірыңғай жүйесі объектілерінің меншік иелері – заңды тұлғалар
акцияларының пакеттерін (қатысу үлестерін) сатып алуға мемлекеттің басым құқығын
бұзуы –
заңды тұлғаларға бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
6. Тауарлық газбен жабдықтаудың бірыңғай жүйесі субъектілерінің тауарлық
газбен жабдықтаудың бірыңғай жүйесі объектілерін пайдаланудың белгіленген
технологиялық режимдерін сақтамауы –
шағын кәсіпкерлік субъектілеріне – бір жүз, орта кәсіпкерлік субъектілеріне –
екі жүз, ірі кәсіпкерлік субъектілеріне бір мың бес жүз айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
7. Осы баптың үшінші бөлігінде көзделген, кіріс (түсім) алуға әкеп соққан
әрекет –
аккредиттеу туралы куәлiктiң қолданысын тоқтата тұрып не одан айыра отырып,
заңды тұлғаларға әкімшілік құқық бұзушылық жасау нәтижесінде алынған кірістің
(түсімнің) отыз пайызы мөлшерінде айыппұл салуға әкеп соғады.
8. Газ желісі ұйымдарын аккредиттеу қағидаларын бұзу –
аккредиттеу туралы куәліктің қолданысы тоқтатыла тұрып, орта кәсіпкерлік
субъектілеріне – екі жүз, iрi кәсiпкерлiк субъектiлерiне бес жүз айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
9. Өтініш берушінің аккредиттеу туралы куәлікті алған кезде көрінеу анық емес
ақпарат беруі, сол сияқты осы баптың жетінші бөлігінде көзделген, әкімшілік жаза
қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер (әрекетсіздік),
сондай-ақ аккредиттеу туралы куәліктің қолданысын тоқтата тұру мерзімі өткеннен
кейін әкімшілік жауаптылыққа тартуға әкеп соқтырған аккредиттеу қағидаларын
бұзушылықтарды жоймау –
аккредиттеу туралы куәліктен айыра отырып, орта кәсiпкерлiк субъектiлерiне –
екі жүз, iрi кәсiпкерлiк субъектiлерiне бес жүз айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
Ескертпе. Әкімшілік құқық бұзушылық жасау нәтижесінде алынған кіріс (түсіо( �/p>
деп әкімшілік құқық бұзушылық жасаған тұлға алған кіріс (түсім) пен Қазақстан
Республикасының заңнамасы сақталған кезде осы тұлға алуға тиіс болған кіріс (түсім)
арасындағы айырма түсініледі.
171-бап. Бағаларына мемлекеттік реттеу белгіленген мұнай
өнімдерін, тауарлық газды және сұйытылған мұнай
газын өткізудің шекті бағаларын асыру
1. Мұнай өнімдерін бөлшек сауда арқылы өткізушілердің Қазақстан
Республикасының мұнай өнімдерінің жекелеген түрлерін өндіруді және олардың
айналымын мемлекеттік реттеу туралы заңнамасына сәйкес белгіленген мұнай өнімдерін
бөлшек саудада өткізудің шекті бағасынан асыруы –
шағын кәсіпкерлік субъектілеріне – бір жүз, орта кәсіпкерлік субъектілеріне –
екі жүз, ірі кәсіпкерлік субъектілеріне бір мың айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
2. Тауарлық газды немесе сұйытылған мұнай газын көтерме саудада өткізуді
жүзеге асыратын тұлғалардың Қазақстан Республикасының газ және газбен жабдықтау
туралы заңнамасына сәйкес белгіленген көтерме саудада өткізудің шекті бағасынан
асыруы –
шағын кәсіпкерлік субъектілеріне – бір жүз елу, орта кәсіпкерлік
субъектілеріне – үш жүз, ірі кәсіпкерлік субъектілеріне екі мың айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Осы баптың бірінші және екінші бөліктерінде көзделген, әкімшілік жаза
қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
аккредиттеу туралы куәлiктiң қолданысын тоқтата тұрып не одан айыра отырып,
заңды тұлғаларға әкімшілік құқық бұзушылық жасау нәтижесінде алынған кірістің
(түсімнің) бір жүз пайызы мөлшерінде айыппұл салуға әкеп соғады.
Ескертпе. Әкімшілік құқық бұзушылық жасау нәтижесінде алынған кіріс (түсім)
деп әкімшілік құқық бұзушылық жасаған тұлға алған кіріс (түсім) пен Қазақстан
Республикасының заңнамасы сақталған кезде осы тұлға алуға тиіс болған кіріс (түсім)
арасындағы айырма түсініледі.
172-бап. Қазақстан Республикасының электр энергетикасы
туралы заңнамасын бұзу
1. Энергия өндіруші ұйымның Қазақстан Республикасының электр энергетикасы
туралы заңнамасында көзделген инвестициялардың көлемі мен бағыттары не
инвестициялық міндеттемелердің орындалуы туралы мәліметтерді бұқаралық ақпарат
құралдарында жарияламауы, уақтылы, анық немесе толық жарияламауы –
орта кәсіпкерлік субъектілеріне – бір жүз алпыс, ірі кәсіпкерлік
субъектілеріне сегіз жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
2. Энергия өндіруші ұйымның Қазақстан Республикасының электр энергетикасы
туралы заңнамасында көзделген электр энергиясын өндіру мен өткізуге жұмсалған
шығындар бойынша және электр энергиясын өндіру мен өткізу көлемі бойынша есептерді
ұсынбауы, уақтылы, анық немесе толық ұсынбауы –
орта кәсiпкерлiк субъектiлерiне – үш жүз жиырма, iрi кәсiпкерлiк
субъектiлерiне бір мың алты жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
3. Энергия өндіруші, энергия беруші ұйымдардың мемлекеттік органдар сұрау
салған, Қазақстан Республикасының электр энергетикасы туралы заңнамасында көзделген
өз өкілеттіктерін жүзеге асыруына қажетті ақпаратты ұсынбауы, уақтылы, анық немесе
толық ұсынбауы –
орта кәсiпкерлiк субъектiлерiне – үш жүз жиырма, iрi кәсiпкерлiк
субъектiлерiне бір мың алты жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
4. Қазақстан Республикасының электр энергетикасы туралы заңнамасында
көзделген жағдайларды қоспағанда, энергия өндіруші ұйымның келісімде айқындалған
инвестициялық міндеттемелерді орындамауы –
орта кәсіпкерлік субъектілеріне – келісімде көзделген инвестициялық
міндеттемелерді іске асыруға пайдаланылмаған соманың бес, ірі кәсіпкерлік
субъектілеріне он пайызы мөлшерінде айыппұл салуға әкеп соғады.
5. Электр және (немесе) жылу энергиясын заңсыз шектеу және (немесе) ажырату –
шағын кәсіпкерлік субъектілеріне – жиырма бес, орта кәсіпкерлік
субъектілеріне – елу, ірі кәсіпкерлік субъектілеріне жетпіс бес айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
6. Энергиямен жабдықтаушы ұйымның тұтынушымен энергиямен жабдықтау жеке
шартын жасасудан бас тартуы –
шағын кәсіпкерлік субъектілеріне – жиырма бес, орта кәсіпкерлік
субъектілеріне – елу, ірі кәсіпкерлік субъектілеріне жетпіс бес айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
Ескерту. 172-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
173-бап. Лауазымды адамдардың кәсiпкерлiк қызметке заңсыз
араласуы
Қадағалау және бақылау функцияларын жүзеге асыратын мемлекеттiк органдардың,
сондай-ақ жергiлiктi атқарушы органдардың лауазымды адамдарының, дара
кәсiпкерлердiң, заңды тұлғалардың қызметiне, олардың кәсiпкерлiк қызметiне кедергi
келтiретiн заңсыз актiлер шығару және заңсыз тапсырмалар беру арқылы заңсыз
араласуы -
бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
174-бап. Кәсіпқой спорт жарыстарының және коммерциялық
ойын-сауық конкурстарының қатысушылары мен
ұйымдастырушыларын параға сатып алу
1. Спортшыларды, спорт судьяларын, жаттықтырушыларды, команда басшыларын және
кәсіпқой спорт жарыстарының басқа да қатысушыларын немесе ұйымдастырушыларын, сол
сияқты коммерциялық ойын-сауық конкурстарының ұйымдастырушыларын немесе қазылар
алқасы мүшелерін осы жарыстардың немесе конкурстардың нәтижелеріне ықпал ету
мақсатында параға сатып алу –
екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
үш жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға не он бес тәулікке
дейін әкімшілік қамаққа алуға әкеп соғады.
3. Спортшылардың жарыс нәтижелеріне ықпал ету мақсатында өздеріне берілген
ақшаны, бағалы қағаздарды немесе өзге де мүлікті заңсыз алуы, сол сияқты
спортшылардың дәл сол мақсаттарда өздеріне ұсынылған мүліктік сипаттағы
көрсетілетін қызметтерді заңсыз пайдалануы –
төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Спорт судьяларының, жаттықтырушылардың, команда басшыларының және кәсіпқой
спорт жарыстарының басқа да қатысушыларының немесе ұйымдастырушыларының, сол сияқты
коммерциялық ойын-сауық конкурстарын ұйымдастырушылардың немесе қазылар алқасы
мүшелерінің осы баптың үшінші бөлігінде көрсетілген мақсаттарда ақшаны, бағалы
қағаздарды немесе өзге де мүлікті заңсыз алуы, мүліктік сипаттағы қызметтерді
заңсыз пайдалануы –
төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
175-бап. Жеке кәсіпкерлік субъектілеріне тексеру жүргізу
тәртібін бұзу
1. Жеке кәсіпкерлік субъектілеріне тексеру жүргізу тәртібін бұзу, оның
ішінде:
1) тексеру жүргізу негіздерінің болмауы;
2) тексеруді тағайындау туралы актінің болмауы;
3) тексеру жүргізу туралы хабарлау мерзімдерінің сақталмауы;
4) егер Қазақстан Республикасының заңдарында, Қазақстан Республикасы
Президентінің жарлықтарында және Қазақстан Республикасы Үкіметінің қаулыларында
белгіленген талаптар мемлекеттік органның құзыретіне жатпаса, осындай талаптардың
орындалуын тексеру;
5) егер құжаттар, ақпарат, өнім үлгілері, қоршаған орта объектілерін және
өндірістік орта объектілерін зерттеп-қарау сынамалары тексеру объектілері болып
табылмаса немесе тексеру нысанасына жатпаса, оларды беруді талап ету;
6) өнім үлгілеріне, қоршаған орта объектілерін және өндірістік орта
объектілерін зерттеп-қарау сынамаларына зерттеу, сынау, өлшеу жүргізу үшін
көрсетілген үлгілердің, сынамалардың белгіленген нысан бойынша және (немесе) ұлттық
стандарттарда, үлгілерді, сынамаларды іріктеп алу қағидаларында және оларды
зерттеу, сынау, өлшеу әдістерінде, техникалық регламенттерде немесе олар қолданысқа
енетін күнге дейін қолданыста болатын өзге де нормативтік техникалық құжаттарда,
зерттеу, сынау, өлшеу қағидаларында және әдістерінде белгіленген нормадан асатын
санда іріктеп алу туралы хаттамаларды ресімдемей, оларды іріктеп алу;
7) Қазақстан Республикасының заңнамасында көзделген жағдайларды қоспағанда,
тексеру жүргізу нәтижесінде алынған және коммерциялық немесе заңмен қорғалатын өзге
де құпияны құрайтын ақпаратты жария ету және (немесе) тарату;
8) тексеру жүргізудің белгіленген мерзімдерін асыру;
9) «Қазақстан Республикасындағы мемлекеттік бақылау және қадағалау туралы»
Қазақстан Республикасы Заңының 16-бабы 7-тармағының 2), 4), 6), 7) және 8)
тармақшаларында көзделген жағдайларды қоспағанда, нақ сол мәселе бойынша, нақ сол
кезең ішінде бұрын тексеру жүргізілген жеке немесе заңды тұлғаға қатысты көрінеу
қайта тексеру жүргізу;
10) мемлекеттік бақылау мақсатында жеке кәсіпкерлік субъектілерінің есебінен
шығынды сипаттағы іс-шараларды жүргізу;
11) жоспарлы тексеру тағайындалған кезде алдыңғы тексеруге қатысты уақыт
аралығын бұзу;
12) тексерілетін субъектіге тексеру актісін ұсынбау –
лауазымды адамға жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
лауазымды адамға жиырма бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
176-бап. Оңалту және банкроттық кезiндегi құқыққа
сыйымсыз әрекеттер
1. Мүлiктi және мүлiктiк мiндеттемелердi, мүлiк, оның көлемi, тұрған орны
туралы мәлiметтердi не мүлiк туралы өзге де ақпаратты жасыру, мүлiктi өзгенің
иелiгiне беру, мүлiктi иелiктен шығару немесе жою, сол сияқты экономикалық қызметтi
көрсететiн бухгалтерлiк және өзге де есептiк құжаттарды ұсынбау, жасыру, жою,
бұрмалау, оларды қалпына келтiру жөнiнде шаралар қабылдамау, егер бұл әрекеттер
(әрекетсiздiк) оңалту немесе банкроттық кезiнде немесе банкрот болатынын алдын ала
бiлген кезде жасалса және қылмыстық жазаланатын іс-әрекет белгiлерi болмаса, –
шағын кәсіпкерлік субъектілеріне – үш жүз, орта кәсіпкерлік субъектілеріне –
бес жүз, ірі кәсіпкерлік субъектілеріне бір мың айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
2. Өзiнiң iс жүзiндегi дәрменсiздiгiн (банкроттығын) бiлетiн лауазымды
адамның, борышкер мүлкiнiң меншiк иесiнiң немесе дара кәсiпкердiң, сондай-ақ
банкроттық рәсiмi немесе оңалту рәсiмi кезiнде дәрменсiз борышкердiң мүлкi мен
iстерiн басқару функциялары берiлген тұлғаның басқа кредиторларға залал
келтiретiнiн бiле тұра жекелеген кредиторлардың мүлiктiк талаптарын құқыққа
сыйымсыз қанағаттандыруы, сол сияқты дәрменсiз борышкердiң басқа кредиторларға
залал келтiре отырып, өзiне артықшылық жасағанын бiлетiн кредитордың мұндай
қанағаттандыруды қабылдауы, егер мұндай әрекеттер iрi залал келтiрмесе, –
шағын кәсіпкерлік субъектілеріне – үш жүз елу, орта кәсіпкерлік
субъектілеріне – алты жүз, ірі кәсіпкерлік субъектілеріне екі мың айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
177-бап. Қазақстан Республикасының оңалту және банкроттық
туралы заңнамасын уақытша басқарушының бұзуы
1. Борышкердiң қаржылық жағдайы туралы қорытындыны сотқа ұсыну мiндетiн
орындамау не тиiсiнше орындамау –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Банкроттың мүлiктiк массасына түгендеу жүргiзу және (немесе) түгендеу
жөнiндегi есепті ұсыну мiндетiн орындамау не тиiсiнше орындамау –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Банкроттық туралы iс қозғау және кредиторлардың талаптарын мәлiмдеу
тәртiбi туралы хабарландыруды оңалту және банкроттық саласындағы уәкiлеттi органның
интернет-ресурсында орналастыру үшiн оған жiберу мiндетiн орындамау не тиiсiнше
орындамау –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Сот талқылауы кезеңiнде борышкердiң мүлкi мен активтерiн меншiк иесiнiң,
құрылтайшылардың (қатысушылардың) шығарып әкетуiн болғызбау мақсатында борышкердiң
активтерiн бақылауды қамтамасыз етпеу –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
5. Оңалту және банкроттық саласындағы уәкiлеттi органға банкроттық рәсiмiнiң
жүзеге асырылу барысы туралы белгiленген нысанда ақпаратты беру мiндетiн орындамау
не тиiсiнше орындамау –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
6. Қазақстан Республикасының оңалту және банкроттық туралы заңнамасына сәйкес
мәлiмделген талаптарды қарау нәтижелерi бойынша қабылданған шешiм туралы
кредиторларды уақтылы хабардар етпеу –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
7. Кредиторлар жиналысының өтетiн күнi, уақыты мен орны туралы кредиторларды
хабардар ету мiндетiн орындамау не тиiсiнше орындамау –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
8. Электрондық аукцион өткiзу туралы ақпараттық хабарламаны орналастырудың
Қазақстан Республикасының оңалту және банкроттық туралы заңнамасында белгiленген
тәртiбiн бұзу –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
9. Борышкердiң өзiнiң шеттетiлген лауазымды адамдарынан құрылтай, қаржы,
құқық белгiлейтiн және өзге де құжаттары мен мөрiн қабылдау, сол сияқты шеттетiлген
лауазымды адамдардың аталған құжаттар мен мөрлердi уақытша басқарушыға беруi
бөлiгiнде сот шешiмiн орындау бойынша атқару парағын беру туралы өтiнiшпен сотқа
жүгiну мiндетiн орындамау не тиiсiнше орындамау –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
10. Сот iс бойынша iс жүргiзудi тоқтата тұру немесе тоқтату туралы ұйғарым,
борышкердi банкрот деп танудан бас тарту туралы шешiм шығарған не борышкердi
банкрот деп тану туралы сот шешiмiнiң күшi жойылған, сондай-ақ банкроттық рәсiмiн
қозғамай таратуды жүргiзу оңалту және банкроттық саласындағы уәкiлеттi органға
жүктелген жағдайда, өкiлеттiктердi уақытша басқарушыдан банкроттықты басқарушыға
немесе борышкерге беру, уақытша басқарушыны ауыстыру кезiнде борышкердiң құрылтай
құжаттарын, есепке алу құжаттамасын, мөрлерiн, мөртабандарын, материалдық және өзге
де құндылықтарын беру мiндетiн орындамау не тиiсiнше орындамау –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
11. Кредитордың және борышкер мүлкiнiң меншiк иесiнiң жазбаша сұрау салуы
негiзiнде ақпарат беру мiндетiн орындамау не тиiсiнше орындамау –
отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
12. Кредиторлар талаптарының тiзiлiмiн қалыптастыру мiндетiн орындамау не
тиiсiнше орындамау –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
13. Кәдiмгi коммерциялық операциялар шеңберiнен тыс мәмiлелердi келiсу туралы
борышкердiң өтiнiшiн қарау мiндетiн орындамау не тиiсiнше орындамау –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
14. Банкроттың тез бұзылатын мүлкiн оңалту және банкроттық саласындағы
уәкiлеттi органның келiсiмiнсiз сатуды жүзеге асыру –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
15. Осы баптың бiрiншi – он төртiншi бөлiктерiнде көзделген, әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер (әрекетсiздiк) –
бiр жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
178-бап. Жария сауда-саттықтар, аукциондар мен конкурстар
өткiзудiң белгiленген тәртiбiн бұзу
Мүлiктің меншік иесiне, сауда-саттықтарды немесе аукциондарды
ұйымдастырушыға, сатып алушыға немесе өзге де шаруашылық жүргiзушi субъектiге iрi
залал келтiрген, жария сауда-саттықтар, аукциондар немесе конкурстар өткiзудің
белгіленген тәртiбiн бұзу –
бір жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпе. Осы бапта жеке тұлғаға айлық есептік көрсеткіштен бір жүз есе
асатын сомаға келтірілген залал не ұйымға немесе мемлекетке айлық есептік
көрсеткіштен бес жүз есе асатын сомаға келтірілген залал – ірі залал деп танылады.
179-бап. Қазақстан Республикасының оңалту және банкроттық
туралы заңнамасын банкроттықты басқарушының
бұзуы
1. Түгендеу жүргiзу және (немесе) кредиторлар жиналысына түгендеу жөнiндегi
есепті ұсыну мiндетiн орындамау не тиiсiнше орындамау –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Банкроттың мүлкiн күзетудi және бақылауды қамтамасыз ету мiндетiн
орындамау не тиiсiнше орындамау –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Қазақстан Республикасының оңалту және банкроттық туралы заңнамасында
белгiленген жағдайларды қоспағанда, банкрот алдында берешегi бар тұлғалардан
берешектi сот тәртібімен өндiрiп алу туралы талаптар қою мiндетiн орындамау не
тиiсiнше орындамау –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Оңалту және банкроттық саласындағы уәкiлеттi органға банкроттық рәсiмiнiң
жүзеге асырылу барысы туралы ағымдағы ақпаратты беру мiндетiн орындамау не тиiсiнше
орындамау –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
5. Банкроттық рәсiмiнде кредиторлар жиналысы өтетін күнi, уақыты мен орны
туралы кредиторды хабардар етпеу не тиiсiнше хабардар етпеу –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
6. Электрондық аукцион өткiзу туралы ақпараттық хабарламаны орналастырудың
Қазақстан Республикасының оңалту және банкроттық туралы заңнамасында белгiленген
тәртiбiн бұзу –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
7. Сату жоспарын жасау тәртiбiн бұзу не банкроттың мүлкiн (активтерiн) сату
жоспарын бұза отырып борышкердiң мүлкiн сату –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
8. Кредиторлар жиналысы есеп айырысуға көшу туралы шешiм қабылдағаннан кейiн
кредиторлармен есеп айырысуды жүзеге асыру мiндетiн орындамау не тиiсiнше
орындамау, сол сияқты кредиторлармен есеп айырысуды кредиторлардың талаптарын
қанағаттандырудың белгiленген тәртiбiн бұза отырып жүргiзу –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
9. Әдейi және (немесе) жалған банкроттық белгiлерi анықталған жағдайларда
құқық қорғау органдарына ақпаратты хабарламау –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
10. Борышкердiң немесе ол уәкiлеттiк берген тұлғаның Қазақстан
Республикасының азаматтық заңнамасында және «Оңалту және банкроттық туралы»
Қазақстан Республикасының Заңында көзделген талаптарды бұза отырып жасаған
мәмiлелерiн анықтау мiндеттерiн орындамау не тиiсiнше орындамау және оларды
жарамсыз деп тану не мүлiктi сот тәртiбiмен банкроттың мүлiктiк массасына қайтару
туралы талаптар қоймау –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
11. Әкiмшiлiк шығыстар сметасында көзделген ақшаны асыра жұмсау не мақсатқа
сай пайдаланбау –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
12. Банкроттықты басқарушы шеттетілген (босатылған) немесе борышкердi банкрот
деп тану туралы сот шешiмiнiң күшi жойылған кезде борышкердiң құрылтай құжаттарын,
есепке алу құжаттамасын, мөрлерiн, мөртабандарын, материалдық және өзге де
құндылықтарын жаңадан тағайындалған банкроттықты басқарушыға немесе борышкерге беру
мiндетiн орындамау не тиiсiнше орындамау –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
13. Сотқа қорытынды есептi ұсынбау, уақтылы ұсынбау не Қазақстан
Республикасының оңалту және банкроттық туралы заңнамасының талаптарына сәйкес
келмейтiн қорытынды есептi ұсыну –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
14. Растайтын құжаттарды қоса бере отырып, сұратылатын ақпаратты оңалту және
банкроттық саласындағы уәкiлеттi органға беру мiндетiн орындамау не тиiсiнше
орындамау –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
15. Кредитордың жазбаша сұрау салуы негiзiнде банкроттық рәсiмдердiң жүзеге
асырылу барысы туралы оған хабарламау не уақтылы хабарламау –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
16. Кредиторлар комитетiнiң шешiмi негiзiнде кредиторға талаптарды есепке
жатқызу туралы уақтылы мәлiмдемеу –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
17. Мемлекеттiк органдардан, жеке және заңды тұлғалардан банкрот туралы, оған
тиесiлi (тиесiлi болған) мүлiк туралы ақпаратты және растайтын құжаттардың
көшiрмелерiн талап етіп алдыру мiндетiн орындамау не тиiсiнше орындамау –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
18. Борышкердiң лауазымды адамдарының кiнәлары анықталған жағдайда залалды
(субсидиарлық жауаптылықты) өндiрiп алу (өтету) туралы сотқа талаптар қоймау –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
19. Егер банкроттықты басқарушымен келiсiмде өзгеше белгіленбесе, банкрот пен
оның кредиторларының мүдделерiн қозғайтын сот актiсiнiң көшiрмесiн оның шағымдану
мәселесiн қарау үшiн кредиторлар комитетiне ұсыну мiндетiн орындамау не тиiсiнше
орындамау –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
20. Уақытша басқарушыдан банкроттың мүлкiне құрылтай, қаржы құжаттарын және
құқық белгiлейтiн құжаттарды, банкроттың мөрi мен мүлкiн қабылдау мiндетiн
орындамау не тиiсiнше орындамау –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
21. Банкроттың банктiк шотының уақтылы жабылмауы, мемлекеттік кіріс органына
салық төлеушi куәлiгiнiң және қосылған құн салығы бойынша есепке қою куәлiгiнiң
бланктерiн (олар болған кезде) тапсырмау, банкроттың мөрiн жою –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
22. Осы баптың бiрiншi - жиырма бiрiншi бөлiктерiнде көзделген, әкiмшiлiк
жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер (әрекетсiздiк)
–
бiр жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
180-бап. Қазақстан Республикасының оңалту және банкроттық
туралы заңнамасын уақытша әкiмшiнiң бұзуы
1. Оңалту және банкроттық саласындағы уәкiлеттi органның интернет-ресурсында
орналастыру үшiн оңалту рәсiмiн қолдану және кредиторлардың талаптарын мәлiмдеу
тәртiбi туралы хабарландыруды оған жiберу мiндетiн орындамау не тиiсiнше орындамау
–
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Қазақстан Республикасының оңалту және банкроттық туралы заңнамасында
белгiленген кредиторлар талаптарының тiзiлiмiн қалыптастыру тәртiбiн бұзу –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Оңалту жоспарының тиiмдiлiгi туралы қорытындыны сотқа жiберу мiндетiн
орындамау не тиiсiнше орындамау –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Кәдiмгi коммерциялық операциялар шеңберiнен тыс мәмiлелердi келiсу туралы
борышкердiң өтiнiшiн бес жұмыс күнi iшiнде қарау мiндетiн орындамау не тиiсiнше
орындамау –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
5. Растайтын құжаттарды қоса бере отырып, сұратылатын ақпаратты оңалту және
банкроттық саласындағы уәкiлеттi органға беру мiндетiн орындамау не тиiсiнше
орындамау –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
6. Кредиторлардың талаптарын қарау және оларға қарау нәтижелерiн жеткiзу
мiндетiн орындамау не тиiсiнше орындамау –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
7. Кредиторлар жиналысының өтетін орны мен күнi туралы кредиторларға хабарлау
мiндетiн орындамау не тиiсiнше орындамау –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
8. Кредиторлар оңалту жоспарымен келiспеген және (немесе) «Оңалту және
банкроттық туралы» Қазақстан Республикасының Заңында белгiленген мерзiмде оңалту
жоспары сотқа ұсынылмаған жағдайда, оңалту рәсiмiн тоқтату туралы сотқа өтiнiш беру
мiндетiн орындамау не тиiсiнше орындамау –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
9. Осы баптың бiрiншi – сегiзiншi бөлiктерiнде көзделген, әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер (әрекетсiздiк) –
бiр жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
181-бап. Қазақстан Республикасының оңалту және банкроттық
туралы заңнамасын оңалтуды басқарушының бұзуы
1. Қазақстан Республикасының оңалту және банкроттық туралы заңнамасында
белгiленген электрондық аукцион өткiзу туралы ақпараттық хабарламаны орналастыру
тәртiбiн бұзу –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Кредиторлар комитетiмен оңалту рәсiмiнде жасасқан келiсiмнiң шарттарын
орындамау –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Борышкердiң мүлкiн басқаруға қабылдау және оның күзетiлуiн қамтамасыз ету
мiндетiн орындамау не тиiсiнше орындамау –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Оңалту жоспарын орындамау не тиiсiнше орындамау –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
5. Құжаттардың көшiрмелерiн қоса бере отырып, оңалту рәсiмiнiң жүзеге асырылу
барысы туралы ағымдағы ақпаратты оңалту және банкроттық саласындағы уәкiлеттi
органға беру мiндетiн орындамау не тиiсiнше орындамау –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
6. Оңалту рәсiмiнде кредиторлар жиналысының өтетiн күнi, уақыты мен орны
туралы кредиторды хабардар етпеу не тиiсiнше хабардар етпеу –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
7. Оңалтуды басқарушы шеттетiлген (босатылған) немесе ауыстырылған кезде
борышкердiң құрылтай, қаржы, құқық белгiлейтiн және өзге де құжаттары мен мөрiн
тағайындалған оңалтуды басқарушыға беру мiндетiн орындамау не тиiсiнше орындамау –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
8. Оңалту рәсiмiнде кредиторлар жиналысының келiсімінсiз оңалту жоспарында
көзделмеген кәдiмгi коммерциялық операциялар шеңберiнен тыс мәмiлелер жасау –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
9. Сотқа қорытынды есептi ұсынбау, уақтылы ұсынбау не Қазақстан
Республикасының оңалту және банкроттық туралы заңнамасының талаптарына сәйкес
келмейтiн қорытынды есептi ұсыну –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
10. Борышкердi төлем қабiлетсiздiгiне әдейi жеткiзу белгiлерiнiң бар (жоқ)
екенiн анықтау және белгiлер болған кезде құқық қорғау органдарына процестiк шешiм
қабылдау үшiн өтiнiш жолдау мiндетiн орындамау не тиiсiнше орындамау –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
11. Кредитордың жазбаша сұрау салуы негiзiнде оған борышкер қызметiнiң жүзеге
асырылу барысы туралы ақпаратты беру мiндетiн орындамау не тиiсiнше орындамау –
отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
12. Растайтын құжаттарды қоса бере отырып, сұратылатын ақпаратты оңалту және
банкроттық саласындағы уәкiлеттi органға беру мiндетiн орындамау не тиiсiнше
орындамау –
отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
13. Оңалту жоспарына өзгерiстер мен толықтырулар енгiзу туралы өтiнiшхатты
сотқа жiберу мiндетiн орындамау не тиiсiнше орындамау –
отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
14. Оңалту рәсiмiн тоқтата тұру туралы сотқа уақтылы жүгiнбеу –
отыз айлық көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
15. Кредиторлар комитетi мүшелерiнiң назарына қаржылық жағдай туралы,
кредиторлар комитетiне кәдiмгi коммерциялық операциялар барысында жүргізілген
мәмiлелер туралы ақпаратты жеткiзу мiндетiн орындамау не тиiсiнше орындамау –
отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
16. Борышкердің немесе ол уәкiлеттiк берген тұлғаның Қазақстан
Республикасының азаматтық заңнамасында және «Оңалту және банкроттық туралы»
Қазақстан Республикасының Заңында көзделген талаптарды бұза отырып жасаған
мәмiлелерін анықтау мiндетiн орындамау не тиiсiнше орындамау және оларды жарамсыз
деп тану не мүлiктi сот тәртiбiмен қайтару туралы талаптар қоймауы –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
17. Оңалту жоспарында көзделмеген әрекеттердi олар жасалғанға дейiн
кредиторлар жиналысымен келiспеу –
бiр жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
18. Егер борышкердiң оңалту рәсiмiн қолданудан кейiн пайда болған,
кредиторлық берешегiнiң жалпы сомасы оңалту рәсiмiн енгiзген кездегi кредиторлық
берешектiң жалпы сомасының жиырма пайызынан асатын болса, кредиторлық берешектiң
ұлғаюына әкеп соғатын мәмiлелердi кредиторлар жиналысының мақұлдауынсыз жасау –
бiр жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
19. Осы баптың бiрiншi – он сегiзiншi бөлiктерiнде көзделген, әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер (әрекетсiздiк) –
бiр жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
182-бап. Әдейi банкроттық
Әдейi банкроттық, яғни заңды тұлға құрылтайшысының (қатысушысының), лауазымды
адамның, органдарының, сол сияқты дара кәсiпкердiң жеке мүдделерiндегі немесе өзге
де тұлғалардың мүдделерiдегі әрекеттерi (әрекетсiздiгi) нәтижесiнде болған төлем
қабiлетсiздiгiн қасақана жасау немесе ұлғайту, егер бұл iс-әрекетте қылмыстық
жазаланатын iс-әрекет белгiлерi болмаса, –
шағын кәсіпкерлік субъектілеріне – үш жүз, орта кәсіпкерлік субъектілеріне –
бес жүз, ірі кәсіпкерлік субъектілеріне сегіз жүз айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
183-бап. Жалған банкроттық
Жалған банкроттық, яғни кредиторларға тиесiлi төлемдердi кейiнге қалдыруды
немесе бөліп төлеуді немесе борыштарына жеңілдікті алу үшін, сол сияқты борыштарын
төлемеу үшiн кредиторларды жаңылыстыру мақсатында заңды тұлға құрылтайшысының
(қатысушысының), лауазымды адамның, органдарының, сол сияқты дара кәсiпкердiң
өзiнiң дәрменсiздiгi туралы көрiнеу жалған хабарлауы, егер бұл іс-
әрекетте қылмыстық жаза қолданылатын іс-әрекет белгiлерi болмаса, –
шағын кәсіпкерлік субъектілеріне – үш жүз, орта кәсіпкерлік субъектілеріне –
төрт жүз, ірі кәсіпкерлік субъектілеріне жеті жүз айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
184-бап. Қазақстан Республикасының бағалау қызметі туралы
заңнамасын бұзу
1. Бағалаушының мүлікті бағалау туралы анық емес есеп жасауы, сол сияқты
Қазақстан Республикасының бағалау қызметі туралы заңнамасында тыйым салынған
жағдайларда мүлікті бағалауды жүзеге асыруы –
бағалау қызметін жүзеге асыру құқығына лицензияның қолданысын тоқтата тұрып,
шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – алпыс, орта
кәсіпкерлік субъектілеріне – жетпіс, ірі кәсіпкерлік субъектілеріне бір жүз жиырма
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекеттер –
бағалау қызметін жүзеге асыру құқығына лицензиядан айыра отырып, шағын
кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – сексен, орта
кәсіпкерлік субъектілеріне – тоқсан, ірі кәсіпкерлік субъектілеріне бір жүз сексен
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
185-бап. Кредиттік бюроның кредиттік тарих дерекқорынан
алынған коммерциялық, банктік құпияны, кредиттік
есептердің мәліметтерін немесе ақпаратты сақтау
мiндеттерiн бұзу
Кредиттік бюроның кредиттік тарих дерекқорынан алынған коммерциялық, банктік
құпияны қамтитын мәліметтерді, кредиттік есептердің мәліметтерін немесе ақпаратты
сақтау мiндеттерiн кәсiптiк немесе қызметтiк жұмысына байланысты өзiне белгілі
болған тұлғаның олардың иесiнiң келiсiмiнсiз бұзуы, егер осы әрекетте қылмыстық
жазаланатын іс-әрекет белгiлерi болмаса, –
елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
Ескертпелер.
1. Кредиттік бюроның кредиттік тарих дерекқорынан алынған коммерциялық,
банктік құпияны құрайтын мәліметтерді не кредиттік есептердің мәліметтерін немесе
ақпаратты меншiк иесiне немесе заңнамалық актiлерге сәйкес мұндай мәлiметтердi алу
құқығы бар тұлғаларға олардың заңды талап етуі бойынша берген жағдайда, тұлға
жауапты болмайды.
2. Осы бапта көзделген іс-әрекеттi жасағаны үшiн әкiмшiлiк жауаптылыққа тарту
залал келтiрiлген ұйымның, меншiк иесiнiң немесе дара кәсiпкердiң арызы бойынша
жүзеге асырылады.
186-бап. Сақтандыру немесе зейнетақы жинақтарының
құпиясын не микрокредит беру құпиясын сақтау
мiндетiн бұзу
Кәсiптік немесе қызметтiк жұмысына байланысты сақтандыру немесе зейнетақы
жинақтарының құпиясын немесе микрокредит беру құпиясын қамтитын мәлiметтер өзіне
белгiлi болған тұлғаның олардың иесiнiң келiсiмiнсiз бұларды сақтау мiндетiн бұзуы
–
елу айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
187-бап. Қазақстан Республикасының туристік қызмет туралы
заңнамасын бұзу
1. Туристік қызметті жүзеге асыратын тұлғалардың туристерге туристік
қызметтер ұсыну қағидаларында көрсетілген, саяхаттың ерекшеліктері, саяхат жасаған
кезде оларға тап болуы мүмкін қауіптер туралы мәліметтерді ұсынбау, уақтылы немесе
толық ұсынбау не туристердің қауіпсіздігін қамтамасыз етуге бағытталған алдын алу
шараларын жүзеге асырмауы –
шағын кәсіпкерлік субъектілеріне – он жеті, орта кәсіпкерлік субъектілеріне -
жиырма бес, ірі кәсіпкерлік субъектілеріне елу айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
2. Туристік қызметті жүзеге асыратын тұлғалардың туристік қызмет көрсетуге
жазбаша шарт жасаспай туристік қызметтерді көрсетуі –
лицензиясының қолданылуын тоқтата тұрып, шағын кәсіпкерлік субъектілеріне –
он жеті, орта кәсіпкерлік субъектілеріне – жиырма бес, ірі кәсіпкерлік
субъектілеріне елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Осы баптың бірінші және екінші бөліктерінде көзделген, әкімшілік жаза
қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер (әрекетсіздік) –
лицензиядан айыра отырып, шағын кәсіпкерлік субъектілеріне – отыз бес, орта
кәсіпкерлік субъектілеріне – елу, ірі кәсіпкерлік субъектілеріне бір жүз айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
4. Туристік қызметті жүзеге асыратын тұлғалардың мүдделі мемлекеттік
органдарға және туристің отбасына саяхат кезінде туристердің төтенше жағдайларға
ұшырағаны туралы ақпарат бермеуі немесе уақтылы бермеуі –
лицензияның қолданысын тоқтата тұрып, шағын кәсіпкерлік субъектілеріне – отыз
бес, орта кәсіпкерлік субъектілеріне – елу, ірі кәсіпкерлік субъектілеріне бір жүз
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
5. Осы баптың төртінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет (әрекетсіздік) –
лицензиядан айыра отырып, шағын кәсіпкерлік субъектілеріне – жетпіс бес, орта
кәсіпкерлік субъектілеріне – бір жүз, ірі кәсіпкерлік субъектілеріне бір жүз елу
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
188-бап. Сотта корпоративтік дау бойынша іс қозғалғаны
туралы ақпаратты бермеу немесе уақтылы бермеу
Сотта корпоративтік дау бойынша іс қозғалғаны туралы ақпаратты бермеу немесе
уақтылы бермеу, егер оны беру заңда көзделсе, –
заңды тұлғаларға бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
189-бап. Жеке және заңды тұлғалардың өтiнiштерiн қарау
тәртiбi мен мерзімдерін бұзу
1. Ірі кәсіпкерлік субъектісінің Қазақстан Республикасының жеке және заңды
тұлғалардың өтініштерін қарау тәртібі туралы заңнамасында белгіленген жеке және
заңды тұлғалардың өтініштерін қарау тәртібі мен мерзімдерін бұзуы –
заңды тұлғаларға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
2. Осы баптың біріншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған дәл сол әрекет (әрекетсіздік) –
заңды тұлғаларға алпыс айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
15-тарау. САУДА ЖӘНЕ ҚАРЖЫ САЛАСЫНДАҒЫ ӘКІМШІЛІК ҚҰҚЫҚ
БҰЗУШЫЛЫҚТАР
190-бап. Тұтынушыларды алдау
1. Сауда қызметін және қызметтер көрсетуді жүзеге асыратын дара
кәсіпкерлердің немесе ұйымдардың кем өлшеуі, таразыдан жеуі, есептен жеуі, тауардың
(көрсетілетін қызметтердің) тұтыну қасиеттеріне немесе сапасына қатысты
тұтынушыларды жаңылыстыруы немесе өзгедей алдауы –
жеке тұлғаларға – он, шағын кәсіпкерлік субъектілеріне – жиырма, орта
кәсіпкерлік субъектілеріне – отыз, ірі кәсіпкерлік субъектілеріне елу айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекеттер –
белгілі бір қызмет түріне лицензиядан айыра отырып және үш жылға дейінгі
мерзімге қызметті тоқтата тұрып немесе оған тыйым салына отырып, жеке тұлғаларға –
отыз, шағын кәсіпкерлік субъектілеріне – елу, орта кәсіпкерлік субъектілеріне –
жетпіс бес, ірі кәсіпкерлік субъектілеріне бір жүз айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
3. Осы баптың бірінші бөлігінде көзделген, елеулі залал келтіруге әкеп соққан
әрекеттер –
белгілі бір қызмет түріне лицензиядан айыра отырып не үш жылға дейінгі
мерзімге қызметті тоқтата тұрып немесе оған тыйым салына отырып, жеке тұлғаларға –
отыз, шағын кәсіпкерлік субъектілеріне – елу, орта кәсіпкерлік субъектілеріне –
жетпіс бес, ірі кәсіпкерлік субъектілеріне бір жүз айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
4. Осы баптың бірінші бөлігінде көзделген, ірі залал келтіруге әкеп соққан
әрекеттер –
белгілі бір қызмет түріне лицензиядан айыра отырып не үш жылға дейінгі
мерзімге қызметті тоқтата тұрып немесе оған тыйым салына отырып, жеке тұлғаларға –
елу, шағын кәсіпкерлік субъектілеріне – жетпіс бес, орта кәсіпкерлік субъектілеріне
– бір жүз, ірі кәсіпкерлік субъектілеріне екі жүз айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
Ескертпе. Осы бапқа қатысты бір айлық есептік көрсеткіштен асатын сома –
елеулі мөлшердегі залал, кемінде үш айлық есептік көрсеткіш сомасы – ірі мөлшердегі
залал деп танылады.
191-бап. Қаруды және оның патрондарын сату қағидаларын
бұзу
1. Тиісті лицензиясы бар заңды тұлғалардың азаматтық және қызметтік қаруды
және оның патрондарын сату қағидаларын бұзуы –
лицензияның қолданысы тоқтатыла тұрып, елу айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
лицензиядан айыра отырып, сексен айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
192-бап. Арнаулы техникалық құралдарды сату тәртiбiн бұзу
Арнаулы жедел-iздестiру iс-шараларын жүргiзуге арналған арнаулы техникалық
құралдарды, жедел-iздестiру қызметiн жүзеге асыруға уәкiлеттiк берілген мемлекеттiк
органдардан басқа, тиiстi рұқсаты жоқ тұлғаларға сату –
қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
193-бап. Қазақстан Республикасының сауда қызметiн реттеу
туралы заңнамасын бұзу
1. Сатып алушының өтiнуi бойынша тауар, оның шығарылған жерi, дайындаушылары,
тұтыну қасиеттерi, кепiлдi мiндеттемелері және талаптар қою тәртiбi туралы қажеттi
ақпарат бермеу –
ескерту жасауға немесе жеке тұлғаларға – екi, шағын кәсіпкерлік
субъектілеріне – алты, орта кәсіпкерлік субъектілеріне – он, ірі кәсіпкерлік
субъектілеріне отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Тауарлардың қауіпсіздік талаптарына сәйкестігін куәландыратын ресми
құжатты құқыққа сыйымсыз пайдалану –
тауарлар тәркiлене отырып не онсыз, жеке тұлғаларға – жетi, шағын кәсіпкерлік
субъектілеріне – елу бес, орта кәсіпкерлік субъектілеріне – бір жүз, ірі
кәсіпкерлік субъектілеріне бір жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
3. Осы баптың бірінші және екінші бөлiктерiнде көзделген, әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап әрекеттерді (әрекетсiздiкті) жасау –
тауарлар тәркілене отырып не онсыз, жеке тұлғаларға – он, шағын кәсіпкерлік
субъектілеріне – алпыс бес, орта кәсіпкерлік субъектілеріне – бір жүз жиырма, ірі
кәсіпкерлік субъектілеріне екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
194-бап. Төлем карточкаларын пайдалана отырып, төлемдердi
қабылдаудан бас тарту
1. Қазақстан Республикасының аумағында сауда қызметін жүзеге асыру
(жұмыстарды орындау, қызметтер көрсету) кезiнде төлемдерді қабылдауға мiндеттi дара
кәсіпкердің немесе заңды тұлғаның төлем карточкаларын пайдалана отырып, оларды
қабылдаудан бас тартуы –
ескерту жасауға немесе шағын кәсіпкерлік субъектілеріне – жиырма, орта
кәсіпкерлік субъектілеріне – отыз, ірі кәсіпкерлік субъектілеріне елу айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекет –
шағын кәсіпкерлік субъектілеріне – қырық, орта кәсіпкерлік субъектілеріне –
алпыс, ірі кәсіпкерлік субъектілеріне бір жүз айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
195-бап. Дара кәсіпкерде немесе заңды тұлғада төлем
карточкаларын пайдалана отырып, төлемдерді
жүзеге асыруға арналған жабдықтың (құрылғының)
болмауы
1. Қазақстан Республикасының аумағында сауда қызметін жүзеге асыру
(жұмыстарды орындау, қызметтер көрсету) кезiнде төлем карточкаларын пайдалана
отырып, төлемдерді қабылдауға мiндеттi дара кәсіпкерде немесе заңды тұлғада төлем
карточкаларын пайдалана отырып, төлемдерді жүзеге асыруға арналған жабдықтың
(құрылғының) болмауы –
ескерту жасауға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекет –
шағын кәсіпкерлік субъектілеріне – қырық, орта кәсіпкерлік субъектілеріне –
алпыс, ірі кәсіпкерлік субъектілеріне сексен айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
196-бап. Тауарлармен немесе өзге де заттармен заңсыз
сауда жасау
Еркiн сауда жасауға Қазақстан Республикасының заңнамасымен тыйым салынған
немесе шектелген тауарлармен және өзге де заттармен сауда жасау –
жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
197-бап. Темекi бұйымының маркасын пайдалану
1. Темекi бұйымдарының өздерiн немесе темекi бұйымы сатылатын немесе
тасымалданатын кез келген қорапты, қаптаманы қоспағанда, өзiнде темекi бұйымының
маркасы бар кез келген тауарларды қасақана тарату, көрмеге қою, сату –
жеке тұлғаларға – он, шағын кәсіпкерлік субъектілеріне – жиырма бес, орта
кәсіпкерлік субъектілеріне – қырық, ірі кәсіпкерлік субъектілеріне елу айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
жеке тұлғаларға – он бес, шағын кәсіпкерлік субъектілеріне – қырық, орта
кәсіпкерлік субъектілеріне – жетпіс, ірі кәсіпкерлік субъектілеріне бір жүз айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
198-бап. Темекі және темекі бұйымдары туралы ақпарат
жөніндегі заңнама талаптарын бұзу
1. Темекі және темекі бұйымдары туралы ақпарат жөніндегі заңнама талаптарын
бұзу –
жеке тұлғаларға – он, шағын кәсіпкерлік субъектілеріне – жиырма бес, орта
кәсіпкерлік субъектілеріне – қырық, ірі кәсіпкерлік субъектілеріне елу айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
жеке тұлғаларға – он бес, шағын кәсіпкерлік субъектілеріне – қырық, орта
кәсіпкерлік субъектілеріне – жетпіс, ірі кәсіпкерлік субъектілеріне бір жүз айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
199-бап. Қазақстан Республикасы заңнамасының темекi және
темекi бұйымдарын сату, темекіге, темекі
бұйымдарына демеушілік ету жөнiндегi, сондай-ақ
темекi бұйымдарын имитациялайтын тауарларды
өндiру, сату және тарату жөнiндегi талаптарын
бұзу
Ескерту. 199-баптың тақырыбы жаңа редакцияда - ҚР 06.04.2015 № 299-V Заңымен
(алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа
енгізіледі).
1. Осы Кодекстің 133-бабында көзделген жағдайды қоспағанда, Қазақстан
Республикасы заңнамасының темекі және темекі бұйымдарын сату жөніндегі талаптарын
бұзу –
ескерту жасауға немесе жеке тұлғаларға – бес, шағын кәсіпкерлік
субъектілеріне – жиырма, орта кәсіпкерлік субъектілеріне – қырық, ірі кәсіпкерлік
субъектілеріне алпыс айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
қызметті немесе жекелеген қызмет түрлерін тоқтата тұрып, жеке тұлғаларға –
он, шағын кәсіпкерлік субъектілеріне – қырық, орта кәсіпкерлік субъектілеріне –
жетпіс, ірі кәсіпкерлік субъектілеріне тоқсан айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
3. Темекіге, темекі бұйымдарына демеушілік ету, сондай-ақ темекi бұйымдарын
имитациялайтын тауарларды өндiру, сату, тарату – жеке тұлғаларға – үш, шағын
кәсiпкерлiк субъектiлерiне – бес, орта кәсiпкерлiк субъектiлерiне – сегiз, iрi
кәсiпкерлiк субъектiлерiне жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін
бір жыл ішінде қайталап жасалған әрекеттер –
жеке тұлғаларға – бес, шағын кәсіпкерлік субъектілеріне – он, орта
кәсіпкерлік субъектілеріне – он бес, ірі кәсіпкерлік субъектілеріне қырық айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
Ескерту. 199-бапқа өзгеріс енгізілді - ҚР 06.04.2015 № 299-V Заңымен (алғашқы
ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа
енгізіледі).
200-бап. Қазақстан Республикасы заңнамасының алкоголь
өнімін өткізу жөніндегі талаптарын бұзу
1. Жиырма бір жасқа дейінгі адамдарға алкоголь өнімін өткізу –
тиісті қызмет түріне лицензияның қолданысын тоқтата тұрып, жеке тұлғаларға –
он, шағын кәсіпкерлік субъектілеріне – қырық, орта кәсіпкерлік субъектілеріне –
сексен, ірі кәсіпкерлік субъектілеріне бір жүз жиырма айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
тиісті қызмет түріне лицензиядан айыра отырып, жеке тұлғаларға – жиырма,
шағын кәсіпкерлік субъектілеріне – сексен, орта кәсіпкерлік субъектілеріне – бір
жүз қырық, ірі кәсіпкерлік субъектілеріне бір жүз сексен айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
3. Мейрамханаларда, барларда және дәмханаларда өткiзудi қоспағанда, алкоголь
өнiмiн:
сағат 23-тен келесі күнгі сағат 8-ге дейiн;
этил спиртінің көлемді үлесі отыз пайыздан асатындарын сағат 21-ден келесі
күнгі сағат 12-ге дейін бөлшек сауда арқылы өткiзу –
тиісті қызмет түріне лицензияның қолданысын тоқтата тұрып, жеке тұлғаларға –
он, шағын кәсіпкерлік субъектілеріне – қырық, орта кәсіпкерлік субъектілеріне –
сексен, ірі кәсіпкерлік субъектілеріне бір жүз жиырма айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін
бір жыл ішінде қайталап жасалған әрекет –
тиісті қызмет түріне лицензиядан айыра отырып, жеке тұлғаларға – жиырма,
шағын кәсіпкерлік субъектілеріне – сексен, орта кәсіпкерлік субъектілеріне – бір
жүз қырық, ірі кәсіпкерлік субъектілеріне бір жүз сексен айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
Ескерту. 200-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
201-бап. Тауарларды сауда желілеріне немесе ірі сауда
объектілеріне әкелуді шектеу
1. Сауда желісін немесе ірі сауда объектілерін ұйымдастыру арқылы тауарлар
сату жөніндегі қызметті жүзеге асыратын сауда қызметі субъектілерінің тауарлар беру
туралы шарт жасасудан негізсіз бас тартуынан не көрінеу кемсітушілік сипаттағы
және:
1) сауда қызметі субъектісіне осыған ұқсас қызметті жүзеге асыратын басқа да
сауда қызметі субъектілерімен, сондай-ақ осыған ұқсас немесе өзге де талаптар
бойынша басқа да сауда қызметі субъектілерімен тауарлар беру шарттарын жасасуға
тыйым салу туралы;
2) тауарлар беруді жүзеге асыратын сауда қызметі субъектісінің осыған ұқсас
қызметті жүзеге асыратын басқа да сауда қызметі субъектілерімен жасалатын шарттары
туралы мәліметтер беруін талап ету туралы талаптар қамтылатын шарт жасасудан
көрінетін, тауарларды сауда желілеріне немесе ірі сауда объектілеріне әкелуді
шектеуі –
бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
төрт жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
202-бап. Әлеуметтік маңызы бар азық-түлік тауарларына жол
берілетін шекті бөлшек сауда бағаларын
мөлшерінен асыру
1. Сауда қызметі субъектілерінің Қазақстан Республикасының сауда қызметін
реттеу туралы заңнамасына сәйкес әлеуметтік маңызы бар азық-түлік тауарларына жол
берілетін шекті бөлшек сауда бағаларын мөлшерінен асыруы –
екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
төрт жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
203-бап. Тауарларды құжаттарсыз сату
1. Осы Кодекстің 415 және 416-баптарында көзделген жағдайларды қоспағанда,
дара кәсіпкерлердің және сауда қызметiн жүзеге асыратын ұйымдардың тауарды шығарған
ел туралы, дайындаушы, беруші немесе сатушы туралы қазақ және орыс тiлдерiндегі
мәліметтер не тауар (көрсетілетін қызмет) туралы анық және жеткiлiктi ақпаратты
қамтитын құжаттарсыз сатуы –
шағын кәсіпкерлік субъектілеріне – қырық бес, орта кәсіпкерлік субъектілеріне
– жетпіс, ірі кәсіпкерлік субъектілеріне бір жүз елу айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
шағын кәсіпкерлік субъектілеріне – тоқсан, орта кәсіпкерлік субъектілеріне –
бір жүз елу, ірі кәсіпкерлік субъектілеріне үш жүз айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
204-бап. Белгiленбеген орындарда сауда жасау
1. Жергiлiктi атқарушы орган белгiлегеннен тыс орындарда сауда жасау –
ескерту жасауға немесе бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
205-бап. Байланысты гранттар қаражатының түсiмдерiн
қоспағанда, бюджетке төленетiн салықтық емес
төлемдердi және негізгі капиталды сатудан
түсетін түсімдерді толық және уақтылы төлемеу
Байланысты гранттар қаражатының түсiмдерiн қоспағанда, бюджетке төленетiн
салықтық емес төлемдердi және негізгі капиталды сатудан түсетін түсімдерді толық
және уақтылы төлемеу –
жеке тұлғаларға – жеті, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – бір жүз жиырма, орта кәсiпкерлiк субъектiлерiне – екі жүз елу, iрi
кәсiпкерлiк субъектiлерiне алты жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
206-бап. Ұлттық валюта банкноттары мен монеталарын
қабылдаудан бас тарту
1. Қазақстан Республикасының аумағында айналыста жүрген, осы бапқа ескертпеде
көрсетілген жағдайлардан басқа, төлемнің заңды құралы болып табылатын ұлттық валюта
банкноттары мен монеталарын көрсетулі құны бойынша қабылдаудан бас тарту –
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – бес,
орта кәсiпкерлiк субъектiлерiне – он, iрi кәсiпкерлiк субъектiлерiне жиырма бес
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Банктердің және банк операцияларының жекелеген түрлерiн жүзеге асыратын
ұйымдардың Қазақстан Республикасының аумағында айналыста жүрген және осы бапқа
ескертпеде көрсетілген жағдайлардан басқа, төлемдердің барлық түрлері бойынша
қабылдауға жататын ұлттық валюта банкноттары мен монеталарын қабылдаудан,
ұсақтаудан және айырбастаудан бас тартуы –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпе. Қазақстан Республикасының ұлттық валюта банкноттары мен монеталары
мынадай жағдайларда:
1) егер қолдан жасаудың (жалған екенінің) анық белгілері болса;
2) техникалық шарттардан ауытқудың анық белгілері бар жарамсыз банкноттар мен
монеталар (пішімінің сәйкес келмеуі, жыртылуы, нөмірленуінің сәйкес келмеуі,
түзетілген жері, бояуларының араласуы, соғылғандағы бейненің араласуы және (немесе)
көмескі болуы және басқа);
3) ақша айналысынан алынған, сондай-ақ өтелген банкноттар мен қатпарлы
монеталар;
4) «ОБРАЗЕЦ», «SPECIMEN», «ҮЛГІ» деген жазуы бар банкноттар төлемнің заңды
құралы болып табылмайды.
207-бап. Қазақстан Республикасының мемлекеттiк сатып алу
туралы заңнамасын бұзу
1. Қазақстан Республикасының мемлекеттiк сатып алу туралы заңнамасында
көзделген жағдайларды қоспағанда, конкурстық, аукциондық құжаттамаға қойылатын не
баға ұсыныстарын сұрату тәсілімен мемлекеттік сатып алуды жүзеге асыру кезінде
орналастырылатын ақпаратта сатып алынатын тауарлардың, жұмыстардың, көрсетiлетiн
қызметтердiң жекелеген әлеуеттi өнiм берушiлерге тиесiлiлігiн айқындайтын
сипаттамаларын көрсету арқылы Қазақстан Республикасының мемлекеттiк сатып алу
туралы заңнамасының талаптарын бұзу –
лауазымды адамдарға елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Конкурстық не аукциондық құжаттаманы алған тұлғаларды тiркеу журналына
өздерi туралы мәлiметтер енгiзiлген тұлғаларға конкурстық не аукциондық құжаттамаға
енгiзiлген өзгерiстердiң және (немесе) толықтырулардың мәтiнiн уақтылы жiбермеу,
сол сияқты нақтыланған конкурстық не аукциондық құжаттаманы уақтылы жарияламау –
лауазымды адамдарға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
3. Қазақстан Республикасының мемлекеттiк сатып алу туралы заңнамасында
көзделмеген жағдайларда мемлекеттiк сатып алуды жүзеге асырудан бас тарту –
лауазымды адамдарға бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
4. Конкурсқа қатысуға арналған өтiнiмдер бар конверттердi конкурстық
құжаттамада көрсетiлген мерзiмiн, уақыты мен орнын бұза отырып ашу, сондай-ақ
көрсетілген өзгерiстердi конкурстық құжаттамаға енгiзбей, конкурсқа қатысуға
арналған өтiнiмдер бар конверттердi ашу күнiн, уақыты мен орнын өзгерту –
лауазымды адамдарға елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
5. Конкурсқа қатысуға арналған өтiнiмдi жеткiлiксiз құжаттармен толықтыруға,
конкурсқа қатысуға арналған өтiнiмде ұсынылған құжаттарды ауыстыруға, тиiсiнше
ресiмделмеген құжаттарды сәйкес келтiруге байланысты сауал жiберу, конкурстық
комиссияның сол сияқты әрекеттері –
лауазымды адамдарға бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
6. Әлеуеттi өнiм берушiлерге және (немесе) олар тартатын қосалқы
мердiгерлерге (бiрлесiп орындаушыларға) конкурстық не аукциондық құжаттамада
Қазақстан Республикасының мемлекеттiк сатып алу туралы заңнамасында көзделмеген
бiлiктiлiк талаптарын белгiлеу –
лауазымды адамдарға бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
7. Қазақстан Республикасының мемлекеттiк сатып алу туралы заңнамасының
талаптарын конкурсқа қатысушылардың конкурстық баға ұсынысына әсер ететiн
критерийлердi конкурстық құжаттамаға енгiзбеу бөлiгiнде бұзу –
лауазымды адамдарға елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
8. Қазақстан Республикасының мемлекеттiк сатып алу туралы заңнамасының
талаптарын конкурсқа қатысушылардың конкурстық баға ұсынысына әсер ететiн
критерийлердiң салыстырмалы мәнiн баға ұсыныстарына қолданбау бөлiгiнде бұзу –
лауазымды адамдарға елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
9. Әлеуеттi өнiм берушiнi және (немесе) ол тартатын қосалқы мердiгерлердi
(бiрлесiп орындаушыларды) Қазақстан Республикасының мемлекеттiк сатып алу туралы
заңнамасында көзделмеген негiздер бойынша бiлiктiлiк талаптарына және (немесе)
конкурстық не аукциондық құжаттаманың талаптарына сай емес деп негiзсiз тану –
лауазымды адамдарға бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
10. Мемлекеттік сатып алуды жүзеге асыру кезінде бiртектi тауарлардың,
жұмыстардың, көрсетілетін қызметтердің бірнеше түрлерін олардың біртекті түрлеріне
қарай және (немесе) оларды жеткізу (орындау, көрсету) орнына қарай лоттарға бөлмеу
–
лауазымды адамдарға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
11. Конкурстық не аукциондық комиссияның заңсыз шешiм қабылдауына негiз
болған көрiнеу жалған сараптама қорытындысын сараптама комиссиясының шығаруы не
сарапшының жасауы –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
12. Мынадай:
1) өнiм берушiлер өздерiмен жасасылған мемлекеттiк сатып алу туралы шарттар
бойынша өз мiндеттемелерiн орындамаған не тиiсiнше орындамаған;
2) жеңiмпаздар деп айқындалған әлеуеттi өнiм берушiлер мемлекеттiк сатып алу
туралы шарт жасасудан жалтарған жағдайларда, тапсырыс берушiнiң әлеуеттi өнiм
берушiлердi, өнiм берушiлердi мемлекеттiк сатып алуға жосықсыз қатысушылар деп тану
туралы талап қоюмен сотқа жүгiнбеуi немесе уақтылы жүгiнбеуi –
лауазымды адамдарға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
13. Қазақстан Республикасының мемлекеттiк сатып алу туралы заңнамасында
көзделмеген жағдайларда, Қазақстан Республикасының мемлекеттiк сатып алу туралы
заңнамасының өнiм берушiнi таңдауды және онымен мемлекеттiк сатып алу туралы шарт
жасасуды регламенттейтiн нормаларын қолданбай мемлекеттiк сатып алуды жүзеге асыру
–
лауазымды адамдарға бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
14. Осы баптың бiрiншi, төртiншi, жетінші, сегізінші және тоғызыншы
бөлiктерiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап
жасалған әрекеттер (әрекетсiздiк) –
лауазымды адамдарға бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
15. Осы баптың екiншi және он біріншi бөлiктерiнде көзделген, әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер (әрекетсiздiк) –
лауазымды адамдарға алпыс айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
16. Осы баптың оныншы бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет -
жеке тұлғаларға бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
17. Осы баптың үшiншi, бесiншi, алтыншы және он екінші бөлiктерiнде
көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған
әрекеттер (әрекетсiздiк) –
лауазымды адамдарға екi жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
Ескертпе.
Осы бапта лауазымды адамдар деп:
1) бiрiншi бөлiкте – мемлекеттiк сатып алуды ұйымдастырушының, тапсырыс
берушінің бiрiншi басшыларын немесе олардың мiндеттерiн атқаратын, мемлекеттiк
сатып алуды ұйымдастыру мен өткiзу рәсiмдерiн жүзеге асыруға жауапты адамдарды және
(немесе) конкурстық не аукциондық құжаттаманы әзiрлеуге тiкелей қатысатын
адамдарды;
2) екінші бөлікте – мемлекеттік сатып алуды ұйымдастырушының, тапсырыс
берушінің бірінші басшыларын немесе олардың міндеттерін атқаратын, мемлекеттік
сатып алуды ұйымдастыру мен өткізу рәсімдерін жүзеге асыруға жауапты адамдарды;
3) үшiншi бөлiкте – тапсырыс берушiнiң бiрiншi басшысын не жауапты хатшысын
немесе Қазақстан Республикасының Президентi айқындайтын жауапты хатшы өкiлеттiгiн
жүзеге асыратын өзге де лауазымды адамын не оның мiндетiн атқаратын адамды;
4) төртінші және бесінші бөліктерде – конкурстық комиссияның төрағасын және
оның орынбасарын, сондай-ақ конкурстық комиссияның мүшелері мен хатшысын;
5) алтыншы бөлiкте – тапсырыс берушiнiң бiрiншi басшысын не жауапты хатшысын
немесе Қазақстан Республикасының Президентi айқындайтын жауапты хатшы өкiлеттiгiн
жүзеге асыратын өзге де лауазымды адамы не оның мiндетiн атқаратын адамды;
6) жетінші бөлiкте – мемлекеттік сатып алуды ұйымдастырушының бірінші
басшыларын;
7) сегізінші бөлiкте – конкурстық комиссияның төрағасын және оның
орынбасарын, сондай-ақ конкурстық комиссияның мүшелерін;
8) сегiзiншi және тоғызыншы бөлiктерде – тапсырыс берушiнiң бiрiншi басшысын
не жауапты хатшысын немесе Қазақстан Республикасының Президентi айқындайтын жауапты
хатшы өкiлеттiгiн жүзеге асыратын өзге де лауазымды адамын не оның мiндетiн
атқаратын адамды;
9) тоғызыншы бөлікте – конкурстық не аукциондық комиссияның төрағасын және
оның орынбасарын, сондай-ақ конкурстық не аукциондық комиссияның мүшелерін;
10) оныншы бөлікте – мемлекеттік сатып алуды ұйымдастырушының бірінші
басшыларын түсіну керек.
208-бап. Қазақстан Республикасының кредиттiк бюролар және
кредиттiк тарихты қалыптастыру туралы
заңнамасының талаптарын бұзу
1. Кредиттiк бюроның Қазақстан Республикасының кредиттiк бюролар және
кредиттiк тарихты қалыптастыру туралы заңнамасын бұзуы –
заңды тұлғаларға екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Кредиттiк тарих субъектiсi туралы терiс ақпараты бар кредиттiк тарих
субъектiсi және (немесе) кредиттік есеп туралы терiс ақпарат ұсыну жағдайларын
қоспағанда, ақпарат берушiнiң кредиттік тарихты қалыптастыру үшiн кредиттiк тарих
субъектiсi туралы мәліметтерді кредиттiк бюроларға (мемлекет қатысатын кредиттiк
бюроны қоспағанда) беруі және (немесе) кредиттiк есептi алушының ақпарат
субъектiсiнiң келiсiмiнсiз кредиттiк есептi ұсыну туралы сұрау салуды беруi,
сондай-ақ оны дұрыс ресiмдемеу –
жеке тұлғаларға – жиырма, лауазымды адамдарға – елу, шағын кәсiпкерлiк
субъектiлерiне – бір жүз, орта кәсiпкерлiк субъектiлерiне – бір жүз елу, ірі
кәсiпкерлiк субъектiлерiне екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
3. Ақпарат берушiнiң Қазақстан Республикасының кредиттік бюролар және
кредиттік тарихты қалыптастыру туралы заңнамасына сәйкес ұсынылуы талап етілетін,
кредиттiк тарих субъектiсiнен алынған мәліметтерді кредиттік бюроға ұсынбауы, сол
сияқты уақтылы ұсынбауы не анық емес мәліметтерді ұсынуы –
жеке тұлғаларға – жиырма, лауазымды адамдарға – елу, шағын кәсiпкерлiк
субъектiлерiне – бір жүз, орта кәсiпкерлiк субъектiлерiне – бір жүз елу, ірі
кәсiпкерлiк субъектiлерiне екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
Ескертпе. Мәліметтер деп кредиттік тарихты қалыптастыру және оларды пайдалану
жүйесіне қатысушылар беретін, қажет болған кезде электрондық цифрлық қолтаңбамен
куәландырылатын электрондық және қағаз жеткізгіштердегі кредиттік тарих
субъектілеріне қатысты мәліметтер түсініледі.
209-бап. Қазақстан Республикасының концессиялар туралы
заңнамасын бұзу
Концессионердi таңдау жөнiндегi конкурстың талаптарына, сондай-ақ
концессиялық өтiнiмi үздiк деп танылған конкурсқа қатысушымен концессиялық жобаны
және концессия шартының талаптарын нақтылау бойынша келiссөздер жүргiзу барысында
концессиялық өтiнiмнiң бастапқы параметрлерiне және сипаттамаларына өзгерiстер
енгiзу –
лауазымды адамдарға бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
Ескертпе. Осы бапта лауазымды адамдар деп концессия жөнiндегi конкурсты
ұйымдастырушының бiрiншi басшыларын немесе конкурсты ұйымдастыру және өткiзу
рәсiмдерiн жүзеге асыру үшiн жауапты, олардың мiндеттерiн атқаратын адамдарды
түсiну керек.
210-бап. Тіркеу куәлігінде көзделген жағдайларда,
валюталық шартты (түпнұсқаны немесе оның
көшірмелерін) ұсынбай валюталық операциялар
бойынша төлемдер мен ақша аударымдарын жүргiзу
1. Уәкiлеттi банктердiң тіркеу куәлігінде көзделген жағдайларда, валюталық
шартты (түпнұсқа немесе оның көшірмелерін) ұсынбай валюталық операциялар бойынша
төлемдер мен ақша аударымдарын жүргiзуi –
ескерту жасауға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпе. Егер валюталық шарт экспортпен немесе импортпен байланысты болса
және келісімшарттың есепке алу нөмірін алуды талап етсе, валюталық шарттың
түпнұсқасы немесе келісімшарттың есепке алу нөмірі алынғаны туралы белгісі бар оның
көшірмесі беріледі.
211-бап. Қазақстан Республикасының микроқаржы ұйымдары
туралы заңнамасының талаптарын бұзу
1. Микроқаржы ұйымдарының «Микроқаржы ұйымдары туралы» Қазақстан
Республикасының Заңында көзделмеген қызмет түрлерiн жүзеге асыруы –
бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Микроқаржы ұйымының шындыққа сәйкес келмейтiн жарнаманы бұқаралық ақпарат
құралдарында ол жарияланған күнi таратуы немесе орналастыруы, егер бұл әрекеттерде
қылмыстық жазаланатын іс-әрекет белгiлерi болмаса, –
бір жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Микроқаржы ұйымдарының Қазақстан Республикасының Ұлттық Банкiне Қазақстан
Республикасының микроқаржы ұйымдары туралы заңнамасында талап етiлетiн ақпаратты
бермеуi, сол сияқты бiрнеше рет (қатарынан күнтiзбелiк он екi ай iшiнде екi және
одан да көп рет) уақтылы бермеуi не микроқаржы ұйымдарының Қазақстан
Республикасының Ұлттық Банкiне Қазақстан Республикасының микроқаржы ұйымдары туралы
заңнамасына сәйкес берiлуi талап етiлетiн мәлiметтердi қамтымайтын ақпаратты беруi
не анық емес ақпаратты беруi –
екi жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Микроқаржы ұйымдарының Қазақстан Республикасының Ұлттық Банкi белгiлеген
пруденциялық нормативтердi және (немесе) сақталуы мiндеттi басқа да нормалар мен
лимиттердi бiрнеше рет (қатарынан күнтiзбелiк он екi ай iшiнде екi және одан да көп
рет) бұзуы –
үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
5. Микроқаржы ұйымдарының клиенттермен жасасқан микрокредит беру туралы
шарттарында Қазақстан Республикасының заңнамасында белгіленген тәртіппен есептелген
сыйақының жылдық тиімді мөлшерлемесінің мөлшерін көрсетпеуі, сол сияқты микроқаржы
ұйымының Қазақстан Республикасы Ұлттық Банкiнің нормативтік құқықтық актісінде
айқындалған сыйақының жылдық тиімді мөлшерлемесінің шекті мөлшерінен асыруы –
заңды тұлғаларға елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
6. Микроқаржы ұйымдарының клиенттердiң төлем құжаттарын жоғалтуы –
заңды тұлғаларға бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
212-бап. Қаржы ұйымдарының және өзге де тұлғалардың
қаржылық және өзге де есептілікті ұсыну
мерзiмдерiн бұзуы
1. Қаржы ұйымдарының Қазақстан Республикасы Ұлттық Банкiнің нормативтік
құқықтық актілеріне сәйкес ұсынылуы талап етiлетiн қаржылық және өзге де
есептілікті белгіленген мерзімде бiрнеше рет (қатарынан күнтiзбелiк он екi ай
iшiнде екi және одан да көп рет) ұсынбауы –
заңды тұлғаларға екi жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Микроқаржы ұйымдарының Қазақстан Республикасы Ұлттық Банкiнің нормативтік
құқықтық актілеріне сәйкес ұсынылуы талап етiлетiн қаржылық және өзге де
есептілікті белгіленген мерзімде бiрнеше рет (қатарынан күнтiзбелiк он екi ай
iшiнде екi және одан да көп рет) ұсынбауы –
заңды тұлғаларға бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
3. Банк холдингтерінiң, сақтандыру холдингтерiнiң Қазақстан Республикасы
Ұлттық Банкiнің нормативтік құқықтық актілеріне сәйкес ұсынылуы талап етiлетiн
есептілікті белгіленген мерзімде бiрнеше рет (қатарынан күнтiзбелiк он екi ай
iшiнде екi және одан да көп рет) ұсынбауы –
заңды тұлғаларға екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
213-бап. Қазақстан Республикасының банк заңнамасының
талаптарын бұзу
1. Банктердiң, банк құрылтайшыларының (акционерлерінің) және (немесе) оның
үлестес тұлғаларының, сондай-ақ банк холдингтерiнiң және банктің ірі қатысушысы,
банк холдингi белгiлерiне сәйкес келетiн тұлғалардың, банк операцияларының
жекелеген түрлерiн жүзеге асыратын ұйымдардың мәлiметтердi немесе өзге де
сұратылатын ақпаратты бермеуі, сол сияқты бiрнеше рет (қатарынан күнтiзбелiк он екi
ай iшiнде екi және одан да көп рет) уақтылы бермеуі –
жеке тұлғаларға – елу, заңды тұлғаларға екi жүз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Банктердiң, банк құрылтайшыларының (акционерлерінің) және (немесе) оның
үлестес тұлғаларының, сондай-ақ банк холдингтерiнiң және банктің ірі қатысушысы,
банк холдингi белгiлерiне сәйкес келетiн тұлғалардың, банк операцияларының
жекелеген түрлерiн жүзеге асыратын ұйымдардың анық емес, сол сияқты толық емес
есептілікті, мәліметтерді немесе өзге де сұратылатын ақпаратты беруі –
жеке тұлғаларға – елу, заңды тұлғаларға екi жүз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
3. Осы баптың бiрiншi, екінші бөлiктерiнде көзделген, әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер (әрекетсiздiк) –
заңды тұлғаларға алты жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
4. Банктердiң, банк операцияларының жекелеген түрлерiн жүзеге асыратын
ұйымдардың Қазақстан Республикасының Ұлттық Банкі белгiлеген пруденциялық
нормативтердi және (немесе) сақталуы мiндеттi өзге де нормалар мен лимиттердi
бірнеше рет (қатарынан күнтізбелік он екі ай ішінде екі және одан да көп) бұзуы –
заңды тұлғаларға үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
5. Банктердiң Қазақстан Республикасының Ұлттық Банкi белгiлеген ең төменгi
резервтiк талаптардың нормативтерiн бірнеше рет (қатарынан күнтізбелік үш ай ішінде
екі және одан да көп) бұзуы –
заңды тұлғаларға үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
6. Банктердiң, банк холдингтерінің, банк операцияларының жекелеген түрлерiн
жүзеге асыратын ұйымдардың Қазақстан Республикасының банк заңнамасына сәйкес тыйым
салынған не Қазақстан Республикасының банк заңнамасын бұзып, сол сияқты олардың
құқықтық қабiлетiнің шегiнен шығатын операциялар мен мәмiлелердi жүзеге асыруы –
заңды тұлғаларға мәмiле сомасының оннан бiр пайызы, бірақ айлық есептік
көрсеткіштің кемінде екі жүз және бір мыңнан аспайтын мөлшерінде айыппұл салуға
әкеп соғады.
7. Осы баптың алтыншы бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
заңды тұлғаларға мәмiле сомасының бiр пайызы, бiрақ айлық есептiк
көрсеткiштiң кемінде төрт жүз және екi мыңнан аспайтын мөлшерiнде айыппұл салуға
әкеп соғады.
8. Банктердiң, банк операцияларының жекелеген түрлерiн жүзеге асыратын
ұйымдардың есептіліктегі көрсеткiштердiң не Қазақстан Республикасының банк
заңнамасында айқындалған пруденциялық нормативтердiң және (немесе) сақталуы
мiндеттi өзге де нормалар мен лимиттердiң орындалуы туралы мәлiметтердiң
бұрмалануына әкеп соққан есептілікті жасауы –
заңды тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
9. Осы баптың сегізінші бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
заңды тұлғаларға алты жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
10. Банктердің, банк операцияларының жекелеген түрлерін жүзеге асыратын
ұйымдардың клиенттермен жасасылатын шарттарда анық, жылдық, тиімді, салыстырмалы
түрде есептелген сыйақы мөлшерлемесін көрсету жөніндегі, сондай-ақ қарыздар мен
салымдар (банкаралықты қоспағанда) бойынша сыйақының шамалары туралы ақпаратты
тарату, оның ішінде оны жариялау кезінде міндеттерін орындамауы –
заңды тұлғаларға елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
11. Банктің бұқаралық ақпарат құралдарында ол жарияланған күні шындыққа
сәйкес келмейтiн жарнаманы хабарлауы немесе жариялауы -
екi жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
12. Банктердiң, банк операцияларының жекелеген түрлерiн жүзеге асыратын
ұйымдардың Қазақстан Республикасы Ұлттық Банкінің нормативтік құқықтық актісінде
айқындалған, сыйақының жылдық тиімді мөлшерлемесінің шекті мөлшерін асыруы –
заңды тұлғаларға елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
13. Банктердiң, банк операцияларының жекелеген түрлерiн жүзеге асыратын
ұйымдардың жеке тұлғалармен жасасылатын банктік қарыз шарттары бойынша, оның ішінде
ипотекалық қарыз шарттары бойынша сыйақының құбылмалы мөлшерлемесін есептеу
тәртібін, оның қолданылу шарттарын бұзуы –
заңды тұлғаларға елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
214-бап. Қазақстан Республикасының қылмыстық жолмен
алынған кірістерді заңдастыруға (жылыстатуға)
және терроризмді қаржыландыруға қарсы іс-қимыл
туралы заңнамасын бұзу
1. Қаржы мониторингі субъектілерінің Қазақстан Республикасының қылмыстық
жолмен алынған кірістерді заңдастыруға (жылыстатуға) және терроризмді
қаржыландыруға қарсы іс-қимыл туралы заңнамасын қаржы мониторингіне жататын
операциялар, өздерінің клиенттерi туралы ақпаратты құжаттық тіркеу, сақтау және
беру, клиенттерді (олардың өкілдерін) және бенефициарлық меншік иелерін тиісінше
тексеру, қаржы мониторингіне жататын операцияларды жүргізуді тоқтата тұру және одан
бас тарту, өз қызметi процесінде алынған құжаттарды қорғау бөлігінде бұзуы –
жеке тұлғаларға – бір жүз, лауазымды адамдарға, нотариустар мен адвокаттарға,
шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – бір жүз
қырық, орта кәсіпкерлік субъектілеріне – екі жүз жиырма, ірі кәсіпкерлік
субъектілеріне төрт жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
2. Қаржы мониторингі субъектілерінің ішкі бақылау қағидаларын және оны
жүзеге асыру бағдарламаларын әзірлеу, қабылдау және (немесе) орындау жөніндегі
міндеттерді орындамауы –
жеке тұлғаларға – бір жүз, лауазымды адамдарға, нотариустар мен адвокаттарға,
шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – бір жүз
алпыс, орта кәсіпкерлік субъектілеріне – екі жүз елу, ірі кәсіпкерлік
субъектілеріне тоғыз жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
3. Қаржы мониторингі субъектілерінің лауазымды адамдарының өз клиенттері мен
өзге де тұлғаларға қаржы мониторингі жөніндегі уәкілетті органға берілген ақпарат
туралы хабарлауы –
бір жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
4. Осы баптың бірінші, екінші және үшінші бөліктерінде көзделген, әкімшілік
жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер (әрекетсіздік)
–
жеке тұлғаларға – бір жүз елу, лауазымды адамдарға, нотариустар мен
адвокаттарға, шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға –
бір жүз сексен, орта кәсіпкерлік субъектілеріне – үш жүз, ірі кәсіпкерлік
субъектілеріне бір мың екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
5. Осы баптың бірінші, екінші және үшінші бөліктерінде көзделген, әкімшілік
жаза қолданылғаннан кейін бір жыл ішінде үш және одан да көп рет жасалған әрекеттер
(әрекетсіздік) -
алты айға дейінгі мерзімге белгілі бір қызмет түріне лицензияның қолданысын
тоқтата тұрып немесе біліктілік аттестатынан (куәлігінен) уақытша айыра отырып не
олардан айырып, немесе үш айға дейінгі мерзімге заңды тұлғаның қызметін тоқтата
тұрып, жеке тұлғаларға – екі жүз, лауазымды адамдарға, адвокаттарға, нотариустарға,
дара кәсіпкерлерге – төрт жүз, тауар биржалары, бухгалтерлік қызмет көрсету
саласында кәсіпкерлік қызметті жүзеге асыратын заңды тұлғаларға, микроқаржы
ұйымдарына, банк болып табылмайтын электронды ақша жүйесі опреаторларына, ойын
бизнесін және лотореяны ұйымдастырушыларға, пошта операторларына, аудиторлық
ұйымдарға – екі мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
215-бап. Тәуекелдерді басқару және ішкі бақылау жүйесін
қалыптастыру тәртібін бұзу
1. Қаржы ұйымдарының Қазақстан Республикасы Ұлттық
Банкінің нормативтік құқықтық актісінде белгіленген тәуекелдерді басқару және ішкі
бақылау жүйесін қалыптастыру тәртібін бұзуы, егер қаржы ұйымы анықталған
бұзушылықтарды Қазақстан Республикасының Ұлттық Банкі белгілеген мерзімдерде
жоймаған жағдайда, –
заңды тұлғаларға бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
2. Банк конгломератының немесе сақтандыру тобының бас ұйымының Қазақстан
Республикасы Ұлттық Банкінің нормативтік құқықтық актісінде белгіленген,
шоғырландырылған негізде тәуекелдерді басқару және ішкі бақылау жүйесіне қойылатын
талаптарды бұзуы, егер банк конгломератының немесе сақтандыру тобының бас ұйымы
анықталған бұзушылықтарды Қазақстан Республикасының Ұлттық Банкі белгілеген
мерзімдерде жоймаған жағдайда, –
заңды тұлғаларға бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
216-бап. Квазимемлекеттік сектор субъектілерінің бюджеттік
инвестициялар нәтижелеріне қол жеткізбеуі
1. Еншілес, тәуелді және Қазақстан Республикасының заңнамалық актілеріне
сәйкес үлестес болып табылатын өзге де заңды тұлғалардың қаржылық-экономикалық
негіздемеде көзделген, олардың жарғылық капиталдарына мемлекеттің қатысуы арқылы
салынатын бюджеттік инвестициялардың нәтижелеріне қол жеткізбеуі –
лауазымды адамдарға – бірінші басшыларға төрт жүз айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
2. Мемлекеттік кәсіпорындардың, мемлекет қатысушысы немесе акционері болып
табылатын жауапкершілігі шектеулі серіктестіктердің, акционерлік қоғамдардың
мемлекеттің қатысуы арқылы олардың жарғылық капиталдарына салынатын бюджеттік
инвестициялардың қаржылық-экономикалық негіздемеде көзделген нәтижелеріне қол
жеткізбеуі -
лауазымды адамдарға – бірінші басшыларға төрт жүз айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
217-бап. Валюталық бақылау агенттерінің есептілікті ұсыну
тәртібі мен мерзімдерін бұзуы
1. Валюталық бақылау агенттерінің клиенттердің операциялары бойынша
есептілікті уақтылы ұсынбауы –
заңды тұлғаларға ескерту жасауға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
орта кәсіпкерлік субъектілеріне – он бес, ірі кәсіпкерлік субъектілеріне
қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Валюталық бақылау агенттерінің клиенттердің операциялары бойынша анық емес
есептілікті ұсынуы –
заңды тұлғаларға ескерту жасауға әкеп соғады.
4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін
бір жыл ішінде қайталап жасалған әрекет –
орта кәсіпкерлік субъектілеріне – он бес, ірі кәсіпкерлік субъектілеріне
қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
5. Валюталық бақылау агенттерінің клиенттердің операциялары бойынша
есептілікті ұсынбауы –
орта кәсіпкерлік субъектілеріне – отыз, ірі кәсіпкерлік субъектілеріне сексен
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
218-бап. Уәкілетті банктердің сұраныс пен ұсыныс
көздеріне, сондай-ақ ішкі валюта нарығында шетел
валютасын пайдалану бағыттарына мониторингті
жүзеге асыру мақсаттары үшін есептілікті ұсыну
тәртібі мен мерзімдерін бұзуы
1. Уәкілетті банктердің сұраныс пен ұсыныс көздеріне, сондай-ақ ішкі валюта
нарығында шетел валютасын пайдалану бағыттарына мониторингті жүзеге асыру
мақсаттары үшін есептілікті уақтылы ұсынбауы –
заңды тұлғаларға ескерту жасауға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
заңды тұлғаларға қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
3. Уәкілетті банктердің сұраныс пен ұсыныс көздеріне, сондай-ақ ішкі валюта
нарығында шетел валютасын пайдалану бағыттарына мониторингті жүзеге асыру
мақсаттары үшін анық емес есептілікті ұсынуы –
заңды тұлғаларға ескерту жасауға әкеп соғады.
4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
заңды тұлғаларға қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
5. Уәкілетті банктердің сұраныс пен ұсыныс көздеріне, сондай-ақ ішкі валюта
нарығында шетел валютасын пайдалану бағыттарына мониторингті жүзеге асыру
мақсаттары үшін есептілікті ұсынбауы –
заңды тұлғаларға сексен айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
219-бап. Әкімшілік шығыстар бойынша заттай нормалардан
асыру
Мемлекеттік кәсіпорындардың, мемлекет бақылайтын акционерлік қоғамдар мен
жауапкершілігі шектеулі серіктестіктердің нормативтік құқықтық актілерде
белгіленген әкімшілік шығыстар бойынша заттай нормалардан асыруы –
бірінші басшыларға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
220-бап. Клиенттерге банк қызметін көрсетуге байланысты
талаптарды бұзу
1. Банктердiң, банк операцияларының жекелеген түрлерiн жүзеге асыратын
ұйымдардың уақтылы акцепт жасамауы немесе акцепт жасаудан бас тартуы («Ақша төлемі
мен аударымы туралы» Қазақстан Республикасы Заңының 38-бабында және Қазақстан
Республикасы Салық кодексінің 581-бабында көзделген жағдайларды қоспағанда,
нұсқауды алған күннен бастап үш жұмыс күнінен кешіктіріп), ақша төлемі немесе
аударымы жөнiндегi нұсқауларды (егер, мұндай нұсқаудың шарттарымен оны орындау
мерзімі белгіленсе, алынған нұсқауды акцепт жасау күнінен кейінгі операциялық
күннен кешіктіріп не нұсқауды орындау мерзімінен кешіктіріп) уақтылы орындамауы –
заңды тұлғаларға ақша төлемі немесе аударымы жөнiндегi нұсқау сомасының бес
пайызы, бірақ екі жүз айлық есептік көрсеткіштен аспайтын мөлшерінде айыппұл салуға
әкеп соғады.
2. Банктердің, банк операцияларының жекелеген түрлерін жүзеге асыратын
ұйымдардың нұсқауда қойылғаннан ерекшеленетін, бенефициардың пайдасына немесе
нұсқауда қойылғаннан ерекшеленетін сомаға жасалған ақша төлемі немесе аударымы
жөніндегі нұсқауды орындауы –
заңды тұлғаларға ақша төлемі немесе аударымы жөнiндегi нұсқаулар сомасының
бес пайызы, бірақ екі жүз айлық есептік көрсеткіштен аспайтын мөлшерінде айыппұл
салуға әкеп соғады.
3. Банктердiң, банк операцияларының жекелеген түрлерiн жүзеге асыратын
ұйымдардың клиенттердің төлем құжаттарын жоғалтуы -
заңды тұлғаларға әрбір төлем құжаты үшін бір жүз айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
4. Банктердің, банк операцияларының жекелеген түрлерін жүзеге асыратын
ұйымдардың:
1) жөнелтуші ақша аударымын жүзеге асыру үшін қажетті ақша сомасын қамтамасыз
еткен кезде;
2) егер төлем құжатында қолдан жасау белгілері болмаса;
3) егер жөнелтуші ақша аударымы туралы нұсқауды жасау және ұсыну тәртібіне
қойылатын талапты және (немесе) Қазақстан Республикасының заңнамасында және
(немесе) шарттың талаптарында белгіленген өзге де талаптарды сақтаса;
4) егер нұсқауға акцепт жасаудан бас тарту «Қылмыстық жолмен алынған
кірістерді заңдастыруға (жылыстатуға) және терроризмді қаржыландыруға қарсы іс-
қимыл туралы» Қазақстан Республикасының Заңында көзделген жағдайларға қатысты
болмаса, ақша төлемі немесе аударымы жөніндегі нұсқауға акцепт жасаудан негізсіз
бас тартуы –
заңды тұлғаларға ақша төлемі немесе аударымы жөніндегі нұсқау сомасының бес
пайызы, бірақ екі жүз айлық есептік көрсеткіштен аспайтын мөлшерінде айыппұл салуға
әкеп соғады.
5. Банктердің, банк операцияларының жекелеген түрлерін жүзеге асыратын
ұйымдардың клиенттің банк шотынан Қазақстан Республикасының Азаматтық кодексінде
белгіленген ақшаны алу кезектілігін бұзуы –
заңды тұлғаларға бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
6. Банктердің, банк операцияларының жекелеген түрлерін жүзеге асыратын
ұйымдардың ақша төлемі немесе аударымы жөніндегі нұсқауларды:
1) банктің немесе банк операцияларының жекелеген түрлерін жүзеге асыратын
ұйымның келесі банкке немесе банк операцияларының жекелеген түрлерін жүзеге
асыратын ұйымға бенефициардың пайдасына ақша аударымы туралы акцепт жасалған
нұсқауды бермеуі;
2) егер алушы банк (ақша аударымы не төлемі туралы нұсқау жолданатын банк
немесе банк операцияларының жекелеген түрлерін жүзеге асыратын ұйым) бенефициардың
банкі (жөнелтушімен жасалған шарт талаптарына және (немесе) жөнелтушінің нұсқауына
сәйкес бенефициардың пайдасына түсетін ақшаны қабылдауға және (немесе) нұсқауда не
жөнелтушімен жасалған шартта көзделген өзге де әрекеттерді орындауға тиісті банк
немесе банк операцияларының жекелеген түрлерін жүзеге асыратын ұйым) болып табылса,
ақша аударымын аяқтамау;
3) қолма-қол ақша төлеу туралы нұсқауды ұсынған жөнелтушіге қолма-қол ақшаны
бермеу түрінде орындамауы –
заңды тұлғаларға ақша төлемі немесе аударымы жөнiндегi нұсқау сомасының бес
пайызы, бірақ екі жүз айлық есептік көрсеткіштен аспайтын мөлшерінде айыппұл салуға
әкеп соғады.
Ескертпе. Осы баптың талаптары осы Кодекстің 91-бабының сегізінші
бөлігінде, 92-бабының төртінші бөлігінде, 285-бабында жауаптылығы көзделген
әрекеттерге (әрекетсіздікке) қолданылмайды.
221-бап. Қазақстан Республикасының аумағында достық, қола
және қаржы вексельдерiн шығару
Қазақстан Республикасының аумағында достық, қола және қаржы вексельдерiн
шығару –
жеке тұлғаларға – қырық, шағын кәсiпкерлiк субъектiлерiне – бір жүз жиырма,
орта кәсiпкерлiк субъектiлерiне – екi жүз, iрi кәсiпкерлiк субъектiлерiне төрт жүз
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
222-бап. Электрондық ақшаны шығару, пайдалану және өтеу
талаптарын бұзу
1. Эмитенттің өзіне қабылдаған міндеттемелердің сомасына сәйкес келмейтін
сомаға электрондық ақша шығаруы –
үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған дәл сол әрекеттер –
алты жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Эмитенттің электрондық ақша иесін сәйкестендірмей, бір жүз айлық есептік
көрсеткіштен асатын сомаға электрондық ақша шығаруы, сондай-ақ бір операцияның ең
жоғарғы сомасы бойынша белгіленген шектеулерден асатын сомаға операциялар жасаған
кезде эмитенттің электрондық ақша жүйесіндегі электрондық ақшаны пайдалануға жол
беруі –
екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Осы баптың үшiншi бөлiгiнде көзделген әкiмшiлiк жаза қолданылғаннан кейiн
бiр жыл iшiнде қайталап жасалған дәл сол әрекет –
бес жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
5. Азаматтық-құқықтық мәмілелер бойынша ақы төлеу кезінде дара кәсіпкердің
немесе заңды тұлғаның жеке тұлғалардан алған электрондық ақшасын эмитенттің
өтемеуі, уақтылы және толық өтемеуі –
бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
6. Осы баптың бесiншi бөлiгiнде көзделген әкiмшiлiк жаза қолданылғаннан кейiн
бiр жыл iшiнде қайталап жасалған дәл сол әрекеттер –
екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
223-бап. Қазақстан Республикасы Ұлттық Банкінің жазбаша
келісімін алмастан қаржы ұйымы акцияларының он
немесе одан көп пайызын тікелей немесе жанама
түрде құқыққа сыйымсыз иемденуге байланысты
бұзушылықтар
Тұлғаның Қазақстан Республикасы Ұлттық Банкінің жазбаша келісімінсіз, қаржы
ұйымының орналастырылған акцияларының (артықшылықты және сатып алған акциялары
шегеріле отырып) он немесе одан көп пайызы мөлшерінде қаржы ұйымы акцияларын
тікелей немесе жанама түрде иемденуі, сондай-ақ қаржы ұйымының орналастырылған
акцияларының (артықшылықты және сатып алған акциялары шегеріле отырып) он немесе
одан көп пайызы мөлшерінде қаржы ұйымы қабылдайтын шешімдерді бақылауды немесе
ықпал ету мүмкіндігін иемденуі –
жеке тұлғаларға – екі жүз, заңды тұлғаларға бір мың айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
Ескертпе. Осы бапта қаржы ұйымдары деп банкті, сақтандыру (қайта сақтандыру)
ұйымын, инвестициялық портфельді басқарушыны түсіну керек.
224-бап. Банктердің, сақтандыру (қайта сақтандыру)
ұйымдарының, банк холдингтерінің, сақтандыру
холдингтерінің заңды тұлғалардың жарғылық
капиталына қатысу үлестерін немесе акцияларын
құқыққа сыйымсыз иемденуіне байланысты
бұзушылықтар
1. Осы баптың үшінші бөлігінде көзделген іс-әрекеттерді қоспағанда,
банктердің, сақтандыру (қайта сақтандыру) ұйымдарының заңды тұлғалардың жарғылық
капиталына қатысу үлестерін немесе акцияларды Қазақстан
Республикасы заңнамалық актілерінің талаптарын бұзып иемденуі –
заңды тұлғаларға екі мың айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Осы баптың үшінші бөлiгiнде көзделген іс-әрекеттердi қоспағанда, заңды
тұлғалардың жарғылық капиталына қатысу үлестерін немесе акцияларды банк
холдингтерінің, сақтандыру холдингтерінің Қазақстан
Республикасы заңнамалық актілерінің талаптарын бұзып иемденуі –
заңды тұлғаларға екі мың айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
3. Банктiң, сақтандыру (қайта сақтандыру) ұйымының, банк холдингінің,
сақтандыру холдингінің Қазақстан Республикасы Ұлттық Банкінің алдын ала рұқсатынсыз
еншiлес ұйымды құруы не иемденуі –
заңды тұлғаларға екі мың айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
225-бап. Зейнетақы активтерiн нысаналы пайдаланбау
1. Инвестициялық портфельді басқарушының, сондай-ақ инвестициялық комитет
мүшелерінің Қазақстан Республикасының заңнамасында белгіленген инвестициялау
шарттары мен тәртібін бұзуы –
жеке тұлғаға – төрт жүз, заңды тұлғаларға сегiз жүз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Кастодиан-банктің ерікті жинақтаушы зейнетақы қорының зейнетақы
активтерiнiң нысаналы орналастырылуын бақылауды жүзеге асырмауы –
заңды тұлғаларға екi жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
Ескертпе. Осы баптың екінші бөлігінің мақсаты үшін кастодиан-банк деп екінші
деңгейдегі банк түсініледі.
226-бап. Банктердi, сақтандыру (қайта сақтандыру)
ұйымдарын таратуға байланысты талаптарды бұзу
1. Тарату комиссиясы төрағасының не бөлiмше басшысының тарату комиссиясы
қызметiне Қазақстан Республикасы Ұлттық Банкінің тексеру жүргiзуiнен жалтаруы не
оны жүргiзуге кедергi келтiруi –
жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Тарату комиссиясы төрағасының, бөлімше басшысының Қазақстан
Республикасының Ұлттық Банкіне Қазақстан Республикасының банк заңнамасында,
Қазақстан Республикасының сақтандыру iсi және сақтандыру қызметi
туралы заңнамасында белгіленген, анық емес есептілікті және ақпаратты бірнеше рет
(қатарынан күнтізбелік алты ай ішінде екі және одан да көп рет) ұсынуы, Қазақстан
Республикасының банк заңнамасында, Қазақстан Республикасының сақтандыру iсi және
сақтандыру қызметi туралы заңнамасында белгіленген есептілікті және қосымша
ақпаратты уақтылы ұсынбауы, ұсынбауы –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
227-бап. Қабылданған және (немесе) шектеулi ықпал ету
шараларын қолдану арқылы жүктелген мiндеттердi
орындамау, уақтылы орындамау
1. Банктердiң, банктердің ірі қатысушыларының, банк холдингтерінің, банк
конгломератының құрамына кіретін ұйымдардың, Қазақстан Даму Банкiнiң, банк
операцияларының жекелеген түрлерiн жүзеге асыратын ұйымдардың өздерi қабылдаған
және (немесе) өздерiне Қазақстан Республикасының Ұлттық Банкi шектеулi ықпал ету
шараларын қолдану арқылы жүктеген мiндеттердi орындамауы, уақтылы орындамауы –
жеке тұлғаларға – елу, шағын кәсіпкерлік субъектілеріне – екі жүз елу, орта
кәсiпкерлiк субъектiлерiне – үш жүз елу, iрi кәсiпкерлiк субъектiлерiне төрт жүз
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Сақтандыру (қайта сақтандыру) ұйымының, сақтандыру брокерінің, сақтандыру
холдингiнiң, сақтандыру (қайта сақтандыру) ұйымы iрi қатысушыларының, сақтандыру
тобы құрамына кiретiн заңды тұлғалардың, актуарийдiң, бірыңғай жинақтаушы зейнетақы
қорының, инвестициялық портфельді басқарушының, инвестициялық портфельдi
басқарушының iрi қатысушыларының, инвестициялық портфельдi басқарушының iрi
қатысушысы белгілеріне сәйкес келетін жеке немесе заңды тұлғалардың, бағалы
қағаздар нарығы субъектiсiнiң, арнаулы қаржы компаниясының, исламдық арнаулы қаржы
компаниясының, инвестициялық қордың, микроқаржы ұйымдарының өздерi қабылдаған және
(немесе) өздерiне Қазақстан Республикасының Ұлттық Банкi шектеулi ықпал ету
шараларын қолдану арқылы жүктеген мiндеттердi орындамауы, уақтылы орындамауы –
жеке тұлғаларға – елу, шағын кәсіпкерлік субъектілеріне немесе коммерциялық
емес ұйымдарға – бір жүз жиырма, орта кәсiпкерлiк субъектiлерiне – бір жүз тоқсан,
iрi кәсiпкерлiк субъектiлерiне екі жүз елу айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
3. Банктiң, сақтандыру (қайта сақтандыру) ұйымының тарату комиссиясы
төрағасының Қазақстан Республикасының заңнамасын бұзушылықтарды жою туралы жазбаша
нұсқаманы Қазақстан Республикасының Ұлттық Банкі белгiлеген мерзiмде орындамауы –
жеке тұлғаларға қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
228-бап. Қазақстан Республикасының сақтандыру iсi және
сақтандыру қызметi туралы заңнамасында
белгiленген талаптарды бұзу
1. Сақтандыру (қайта сақтандыру) ұйымының, сақтандыру брокерiнiң, сақтандыру
(қайта сақтандыру) ұйымы сақтандыру холдингінің, сақтандыру (қайта сақтандыру)
ұйымы қатысушыларының (акционерлерінің) және (немесе) үлестес тұлғаларының, сондай-
ақ сақтандыру (қайта сақтандыру) ұйымы ірі қатысушысының (сақтандыру холдингінің)
белгілеріне сәйкес келетін жеке және заңды тұлғалардың мәліметтерді немесе өзге де
сұратылатын ақпаратты ұсынбауы, сол сияқты бірнеше рет (қатарынан күнтізбелік он
екі ай ішінде екі және одан да көп рет) уақтылы ұсынбауы –
жеке тұлғаларға – елу, заңды тұлғаларға екi жүз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Сақтандыру (қайта сақтандыру) ұйымының, сақтандыру брокерiнiң, сақтандыру
(қайта сақтандыру) ұйымы сақтандыру холдингінің, сақтандыру (қайта сақтандыру)
ұйымы қатысушыларының (акционерлерінің) және (немесе) үлестес тұлғаларының, сондай-
ақ сақтандыру (қайта сақтандыру) ұйымы ірі қатысушысының (сақтандыру холдингінің)
белгілеріне сәйкес келетін жеке және заңды тұлғалардың анық емес, сол сияқты толық
емес есептілікті, мәлiметтердi немесе өзге де сұратылатын ақпаратты ұсынуы –
жеке тұлғаларға – елу, заңды тұлғаларға екi жүз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
3. Өзара сақтандыру қоғамының өсімдік шаруашылығы саласындағы уәкiлеттi
мемлекеттік органға есептілікті не «Өсімдік шаруашылығындағы міндетті сақтандыру
туралы» Қазақстан Республикасының Заңына сәйкес уәкілетті орган сұратқан өзге де
ақпаратты уақтылы ұсынбауы, ұсынбауы не анық емес құжаттарды ұсынуы –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Сақтандыру (қайта сақтандыру) ұйымының бiрлескен қызмет туралы шартты
тіркеу үшін Қазақстан Республикасының Ұлттық банкіне оны ұсынбауы не уақтылы
ұсынбауы –
төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
5. Сақтандыру (қайта сақтандыру) ұйымының, сақтандыру тобы бас ұйымының
Қазақстан Республикасының Ұлттық Банкі белгілеген пруденциялық нормативтердi және
(немесе) сақталуы мiндеттi өзге де нормалар мен лимиттердi бірнеше рет (қатарынан
күнтiзбелiк он екі ай iшiнде екi және одан да көп рет) бұзуы –
бес жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
6. Сақтандыру (қайта сақтандыру) ұйымының, сақтандыру холдингінің, сақтандыру
брокерiнiң, сақтандыру агентiнiң мәмiлелер мен операцияларды Қазақстан
Республикасының сақтандыру ісі және сақтандыру қызметi туралы заңнамасын бұзып
жүзеге асыруы –
мәмiле сомасының оннан бiр пайызы не операциялар бойынша алынған кіріс
сомасының жүз пайызы, бірақ айлық есептік көрсеткіштің кемінде елу және екі мыңнан
аспайтын мөлшерiнде айыппұл салуға әкеп соғады.
7. Өзара сақтандыру қоғамының мәмiлелер мен операцияларды Қазақстан
Республикасының өзара сақтандыру туралы заңнамасын бұзып жүзеге асыруы –
екi жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
8. Актуарийдiң өз қызметiн Қазақстан Республикасының сақтандыру iсi және
сақтандыру қызметi туралы заңнамасын бұза отырып жүзеге асыруы –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
9. Сақтандыру ұйымының сақтанушыларды Қазақстан Республикасының заңнамасында
белгiленген тәртiппен өзiнiң тұрақты жұмыс iстейтiн органының, оқшауланған
бөлiмшесiнiң орналасқан жерiнiң өзгергенi немесе атауының өзгергенi туралы уақтылы
хабарламауы –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
10. Сақтандыру (қайта сақтандыру) ұйымының Қазақстан Республикасының
сақтандыру iсi және сақтандыру қызметi туралы заңнамасында белгiленген, құжаттарды
тиiсiнше құжаттау, сақтау, сақтандыру қызметiн жүзеге асыру құқығына лицензиялардың
көшiрмелерiн орналастыру жөнiндегi шарттарды бұзуы, сондай-ақ сақтандыру ұйымының,
сақтандыру брокерiнiң және сақтандыру агентiнiң Қазақстан Республикасының
заңнамасында белгiленген сақтандыру құжаттамасы бланкiлерiн есепке алу және сақтау,
қолма-қол ақшамен жұмыс iстеу қағидаларын бұзуы –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
11. Сақтандыру (қайта сақтандыру) ұйымының және сақтандыру брокерiнiң
бұқаралық ақпарат құралдарында ол жарияланған күні шындыққа сәйкес келмейтiн
жарнаманы хабарлауы немесе жариялауы –
екi жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
12. Сақтандыру (қайта сақтандыру) ұйымының есептiлiкте қамтылған
көрсеткiштердiң не пруденциялық нормативтердi және (немесе) сақталуы мiндеттi өзге
де нормалар мен лимиттердi сақтау туралы мәлiметтердiң бұрмалануына әкеп соққан
есептiлiктi жасауы –
заңды тұлғаларға төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
13. Осы баптың он екінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
алты жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
14. Сақтандыру брокерiнiң Қазақстан Республикасының Ұлттық банкіне өзiне
белгiлi болған сақтандыру (қайта сақтандыру) ұйымының төлем қабiлетсiздiгi
фактiлерi туралы хабарламауы –
бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
15. Актуарийдiң Қазақстан Республикасының Ұлттық банкіне өзi анықтаған,
сақтандыру (қайта сақтандыру) ұйымының Қазақстан Республикасы заңнамасының
сақтандыру резервтерiн қалыптастыру жөнiндегi талаптарын сақтамау фактiлерi туралы
хабарламауы –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
16. Сақтандыру төлемдерiне кепiлдiк беру қорына мiндеттi немесе төтенше
жарналарды төлемеу, уақтылы төлемеу не толық көлемде төлемеу –
заңды тұлғаларға екi жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
17. Сақтандыру (қайта сақтандыру) ұйымының қаржы есептiлiгiн және өзге де
мәлiметтердi Қазақстан Республикасының заңдарына сәйкес бұқаралық ақпарат
құралдарында жариялау мiндеттiлiгi туралы талаптарды бұзуы –
бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
229-бап. Сақтандыру ұйымының сақтандыру шарттарын
жасасуға және орындауға байланысты талаптарды
бұзуы
1. Сақтандыру төлемдерiн жүзеге асырмау, сол сияқты уақтылы жүзеге асырмау
немесе сақтандыру туралы жасасылған шарттың өзге де талаптарын дұрыс орындамау –
заңды тұлғаларға бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Сақтандыру шартын орындау үшiн клиент ұсынған құжаттарды жоғалту –
заңды тұлғаларға елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
230-бап. Қазақстан Республикасының мiндеттi сақтандыру
туралы заңнамасын бұзу
1. Сақтандыру ұйымының Қазақстан Республикасының заңнамалық актiлерiнде
көзделген мiндеттi сақтандыру шартын жасасудан жалтаруы –
заңды тұлғаға бес жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
2. Қазақстан Республикасының мiндеттi сақтандыру туралы заңнамалық актiсiне
сәйкес мiндеттi сақтандыру шартын жасасуға мiндеттi тұлғаның мiндеттi сақтандыру
шартын жасасудан жалтаруы –
жеке тұлғаларға – жиырма, лауазымды адамдарға, жекеше нотариустарға, жеке сот
орындаушыларына, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес
ұйымдарға – екі жүз, орта кәсiпкерлiк субъектiлерiне – төрт жүз, ірі кәсiпкерлiк
субъектiлерiне – бір мың айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
3. Сақтандыру (қайта сақтандыру) ұйымының астанада, республикалық және
облыстық маңызы бар қалаларда филиалдарының және (немесе) сақтандыру агенттерiнiң
болуы, сақтандыру жөніндегі дерекқорға қатысу шартын жасасу, сақтандыру жөніндегі
дерекқорға ақпарат беру жөніндегі талаптарды орындамауынан немесе тиiсiнше
орындамауынан, сақтандыру шарттарын жасасу бойынша сақтандыру агентіне төленетін
комиссиялық сыйақы мөлшерін асырудан көрiнген, Қазақстан Республикасының заңнамалық
актiлерiнiң талаптарын бұзуы –
заңды тұлғаға үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
4. Сақтандыру (қайта сақтандыру) ұйымының мiндеттi сақтандыру шартын:
1) Қазақстан Республикасының мiндеттi сақтандыру түрлерi туралы заңдарында
айқындалғаннан өзгеше сақтандыру сомаларының мөлшерлерiн белгiлеуден;
2) Қазақстан Республикасының мiндеттi сақтандыру түрлерi туралы заңдарында
айқындалғаннан өзгеше сақтандыру сыйлықақыларының мөлшерлерiн белгiлеуден, сол
сияқты сақтандыру сыйлықақысын есептеу кезiнде коэффициенттердi дұрыс емес
(негiзсiз) қолданудан;
3) сақтандыруға жатпайтын объектiлердi мiндеттi сақтандыру түрлерi бойынша
сақтандырудан көрiнген, Қазақстан Республикасы заңнамасының талаптарына сәйкес
келмейтiн шарттарда жасасуы –
заңды тұлғаларға мәмiле сомасының оннан бiр пайызы не операциялар бойынша
алынған кіріс сомасының бір жүз пайызы не операциялар бойынша алынған сақтандыру
сыйлықақылары сомасының бір жүз пайызы мөлшерiнде, бiрақ айлық есептiк көрсеткiштiң
кемінде екi жүз және екi мыңнан аспайтын мөлшерiнде айыппұл салуға әкеп соғады.
Ескерту. 230-бапқа өзгеріс енгізілді - ҚР 27.04.2015 № 311-V Заңымен (алғашқы
ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа
енгізіледі).
231-бап. Қаржы ұйымдарының, банк және сақтандыру
холдингтерiнiң, Сақтандыру төлемдерiне кепiлдiк
беру қорының басшы қызметкерлерiн келiсудің
Қазақстан Республикасының заңнамасында
белгiленген мерзiмдерiн бұзу
1. Қаржы ұйымының, банк және сақтандыру холдингiнiң, Сақтандыру төлемдерiне
кепiлдiк беру қорының басшы қызметкерiн келiсу мерзiмдерiн қаржы ұйымының, банк
және сақтандыру холдингiнiң, Сақтандыру төлемдерiне кепiлдiк беру қорының бұзуы –
заңды тұлғаларға тоқсан айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет -
заңды тұлғаларға екi жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
232-бап. Қазақстан Республикасының Ұлттық Банкін қаржы
ұйымдары филиалдары мен өкiлдiктерiнiң ашылғаны
және олардың қызметiнiң тоқтатылғаны туралы
уақтылы хабардар етпеу, сондай-ақ қаржы
ұйымдарының филиалдарын, өкiлдiктерiн ашу
кезiнде Қазақстан Республикасы заңнамасының
талаптарын сақтамау
Қазақстан Республикасының Ұлттық Банкін қаржы ұйымдары филиалдары мен
өкiлдiктерiнiң ашылғаны және қызметiнiң тоқтатылғаны туралы уақтылы хабардар етпеу,
сондай-ақ қаржы ұйымдарының филиалдарын, өкiлдiктерiн ашу кезiнде Қазақстан
Республикасының банк заңнамасының, Қазақстан Республикасының сақтандыру ісі және
сақтандыру қызметi туралы заңнамасының талаптарын сақтамау –
заңды тұлғаларға бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
233-бап. Қазақстан Республикасының заңнамасын бұза отырып
кредит, қарыз алу не оларды пайдалану
1. Дара кәсiпкердiң немесе ұйымның банкке немесе банк операцияларының
жекелеген түрлерiн жүзеге асыратын ұйымға дара кәсiпкердiң немесе ұйымның
шаруашылық жағдайы, қаржылық жай-күйi немесе кепiлге салатын мүлкi туралы немесе
кредит, кредит берудiң жеңiлдікті шарттарын алу үшiн елеулi маңызы бар өзге де мән-
жайлар туралы көрiнеу жалған мәлiметтер ұсыну арқылы кредит не кредит берудiң
жеңiлдікті шарттарын алуы, сол сияқты банкке немесе өзге де кредиторға кредит
берудi тоқтатуға, жеңiлдiктердiң күшін жоюға не бөлiнген кредит мөлшерлерiн
шектеуге әкеп соғуы мүмкiн мән-жайлардың туындауы туралы ақпаратты хабарламауы,
егер бұл іс-әрекеттер iрi залал келтiрмесе, –
елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Бюджеттік кредитті нысаналы мақсаты бойынша пайдаланбау, егер бұл іс-
әрекет жеке тұлғаға, ұйымға немесе мемлекетке iрi залал келтiрмесе, –
бір жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
3. Мемлекет кепілдік берген қарыздардың және мемлекет кепілгерлігімен
тартылатын қарыз қаражатын қарыз шарттарында көзделмеген және кепілгерлік шартында
көзделмеген мақсаттарға, сондай-ақ мемлекеттік органдарға кредит беруге пайдалану –
мемлекеттік кепілдігі бар қарыз бойынша қарыз алушы – тиісті заңды тұлғаның
бірінші басшыларына, олардың орынбасарларына не тиісті бұйрықтармен міндеттерді
атқару жүктелген оларды алмастыратын адамдарға бір жүз айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
234-бап. Республикалық және жергiлiктi бюджеттерге
түсiмдердi уақтылы, толық есепке жатқызбау
1. Республикалық және жергiлiктi бюджеттерге түсетiн қаражатты уақтылы, толық
есепке жатқызбау –
лауазымды адамдарға бір жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Бюджет қаражатын алушылардың тиiстi банктердегi немесе банк
операцияларының жекелеген түрлерiн жүзеге асыратын ұйымдардағы шоттарына
аударылатын қаражатты уақтылы, толық есепке жатқызбау –
лауазымды адамдарға жетпіс айлық есептік көрсеткіш мөлшерiнде айыппұл салуға
әкеп соғады.
235-бап. Бюджеттiк есепке алуды жүргiзу, есептiлiктi
жасау мен ұсыну қағидаларын бұзу
Бюджеттiк есепке алуды жүргiзу, есептiлiктi жасау мен ұсыну қағидаларын бұзу
–
лауазымды адамдарға екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға
әкеп соғады.
236-бап. Бюджеттiк кредиттердi, мемлекеттiк кепiлдiктер
мен мемлекет кепiлгерлiктерін беру шарттары мен
рәсiмдерiн бұзу
Бюджеттiк кредиттердi, мемлекеттiк кепiлдiктер мен мемлекет кепiлгерлiктерiн
беру шарттары мен рәсiмдерiн бұзу –
лауазымды адамдарға төрт жүз айлық есептік көрсеткіш мөлшерiнде айыппұл
салуға әкеп соғады.
237-бап. Шығындарды өтеу қағидаларын бұзу
1. Бюджеттiк бағдарламалар әкiмшiлерiнiң тегiн медициналық көмектiң кепiлдiк
берілген көлемiн көрсету жөнiндегi шығындарды өтеу қағидаларын бұзуы –
лауазымды адамдарға елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған дәл
сол іс-әрекет –
лауазымды адамдарға бір жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға
әкеп соғады.
238-бап. Жеке тұлғалардың және лауазымды адамдардың
Қазақстан Республикасының бухгалтерлiк есеп пен
қаржылық есептiлiк туралы заңнамасын бұзуы
1. Жеке тұлғалардың және лауазымды адамдардың Қазақстан Республикасының
бухгалтерлiк есеп пен қаржылық есептiлiк туралы заңнамасында көзделген мiндеттердi:
1) iрi залал келтiрмеген, бухгалтерлiк есеп жүргiзуден жалтару;
2) бұрмаланған қаржылық есептiлiк жасау, бухгалтерлiк есепте көрсетiлуге
жататын деректердi жасыру, сол сияқты iрi залал келтiрмеген бухгалтерлiк
құжаттаманы жою;
3) жария ұйымның бас бухгалтерi лауазымына кәсiби бухгалтер сертификаты жоқ
адамды тағайындау түрiнде жасалған орындамауы және (немесе) тиiсiнше орындамауы –
бір жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған іс-әрекеттер –
екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
239-бап. Заңды тұлғаның Қазақстан Республикасының
бухгалтерлiк есеп пен қаржылық есептiлiк туралы
заңнамасын бұзуы
1. Заңды тұлғаның Қазақстан Республикасының бухгалтерлiк есеп пен қаржылық
есептiлiк туралы заңнамасын:
1) бухгалтерлiк есеп жүргiзуден жалтару, егер бұл әрекетте қылмыстық
жазаланатын iс-әрекет белгiлерi болмаса;
2) құрылтай құжаттарына сәйкес ұйымдардың құрылтайшыларына (қатысушыларына),
тiркелу орны бойынша мемлекеттiк статистика саласындағы уәкілетті органға,
мемлекеттiк бақылау және қадағалау органдарының құзыреттерiне сәйкес оларға,
қаржылық есептілік депозитарийіне көрiнеу анық емес қаржылық есептiлiктi ұсыну,
қаржылық есептiлiктi ұсынудан бас тарту, белгiленген мерзiмдi бұза отырып ұсыну не
оны дәлелді себепсіз ұсынбау;
3) бұрмаланған қаржылық есептiлiк жасау, бухгалтерлiк есепте көрсетiлуге
жататын деректердi жасыру, сол сияқты бухгалтерлiк құжаттаманы жою;
4) қаржылық есептілікке жария мүдделі ұйымның кәсіби бухгалтер болып
табылмайтын бас бухгалтерінің қол қоюы түрінде жасалған бұзушылық –
шағын кәсiпкерлiк субъектiлеріне немесе коммерциялық емес ұйымдарға – бір
жүз, орта кәсiпкерлiк субъектiлерiне – екі жүз, iрi кәсiпкерлiк субъектiлерiне бес
жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған іс-әрекет –
шағын кәсiпкерлiк субъектiлеріне немесе коммерциялық емес ұйымдарға – екі
жүз, орта кәсiпкерлiк субъектiлерiне – төрт жүз, iрi кәсiпкерлiк субъектiлерiне бір
мың айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
3. Қаржы ұйымдарының, арнайы қаржы компанияларының, исламдық арнайы қаржы
компанияларының, микроқаржы ұйымдарының, инвестициялық қорлардың және Қазақстан
Даму Банкінің операцияларды бухгалтерлік есепте олардың нәтижелерін тиісті түрде
көрсетпей жүргізуі –
заңды тұлғаларға есепке алынбаған соманың жиырма пайызы, бірақ айлық есептік
көрсеткіштің кемінде бір жүз және төрт мыңнан аспайтын мөлшерінде айыппұл салуға
әкеп соғады.
4. Қаржы ұйымдарының, арнайы қаржы компанияларының, исламдық арнайы қаржы
компанияларының, микроқаржы ұйымдарының, инвестициялық қорлардың және Қазақстан
Даму Банкінің қаржылық есептілікті бұрмалауға әкеп соққан, бухгалтерлiк есепті
Қазақстан Республикасының бухгалтерлiк есеп пен қаржылық есептілік
туралы заңнамасында белгіленген талаптарды және бухгалтерлік есеп әдістерін
(қағидаттарын) бұзып жүргізуі –
заңды тұлғаларға тиісінше есепке алынбаған соманың бес пайызына дейінгі,
бірақ айлық есептік көрсеткіштің кемінде бір жүз және төрт мыңнан аспайтын
мөлшерінде айыппұл салуға әкеп соғады.
240-бап. Бухгалтерлiк ақпараттың құпиясын жария ету
Коммерциялық құпияны құрайтын бухгалтерлiк ақпаратты оған қолжетімділігі бар
тұлғалардың iрi залал келтiрмей жария етуi –
бір жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
241-бап. Қазақстан Республикасының бухгалтерлiк есеп пен
қаржылық есептiлiк туралы заңнамасында
белгiленген аккредиттеу қағидаларын бұзу
1. Қазақстан Республикасының бухгалтерлiк есеп пен қаржылық есептiлiк
туралы заңнамасында белгiленген аккредиттеу қағидаларын бұзу –
заңды тұлғаға ескерту жасауға немесе екі жүз айлық есептік көрсеткіш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы бапта көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде
қайталап жасалған әрекет –
заңды тұлғаға үш жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп
соғады.
242-бап. Инвестициялық портфельді басқарушының
пруденциялық нормативтердi және (немесе)
сақталуы мiндеттi өзге де нормалар мен
лимиттердi орындамауы
1. Инвестициялық портфельді басқарушының есептілікте қамтылған көрсеткіштерді
не Қазақстан Республикасының зейнетақымен қамсыздандыру туралы заңнамасында
айқындалған пруденциялық нормативтерді және (немесе) сақталуы міндетті өзге де
нормалар мен лимиттерді орындау туралы мәліметтерді бұрмалауға әкеп соққан
есептілікті жасауы –
заңды тұлғаларға екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
заңды тұлғаларға алты жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
3. Инвестициялық портфельді басқарушының Қазақстан Республикасының Ұлттық
Банкі белгiлеген пруденциялық нормативтердi және (немесе) сақталуы мiндеттi өзге де
нормалар мен лимиттердi бiрнеше рет (қатарынан күнтiзбелiк он екі ай iшiнде екi
және одан да көп рет) орындамауы –
заңды тұлғаларға үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
243-бап. Ресімделген тіркеу куәліктері немесе хабарлама
туралы куәліктер бойынша немесе валюталық
мониторинг бойынша, қолма-қол шетел валютасымен
айырбастау операциялары бойынша есептілікті,
сондай-ақ ұлттық валюта мен шетел валютасын
репатриациялау мерзімдеріне және шарттарына
әсерін тигізетін мән-жайлардың туындағанын
растайтын ақпарат пен құжаттарды беру тәртібін
бұзу
1. Ресімделген тіркеу куәліктері немесе хабарлама туралы куәліктер бойынша
немесе валюталық мониторинг бойынша, қолма-қол шетел валютасымен айырбастау
операциялары бойынша анық емес есептілікті ұсыну –
жеке және заңды тұлғаларға ескерту жасауға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
жеке тұлғаларға – бес, шағын кәсiпкерлiк субъектiлерiне – он, орта
кәсiпкерлiк субъектiлерiне – жиырма, iрi кәсiпкерлiк субъектiлерiне, Қазақстан
Республикасының аумағында бір жылдан астам жұмыс істейтін резидент емес – заңды
тұлғалардың филиалдары мен өкілдіктеріне қырық айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
3. Ресімделген тіркеу куәліктері немесе хабарлама туралы куәліктер бойынша
немесе валюталық мониторинг бойынша, қолма-қол шетел валютасымен айырбастау
операциялары бойынша есептілікті уақтылы ұсынбау –
жеке және заңды тұлғаларға ескерту жасауға әкеп соғады.
4. Осы баптың үшiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн
бiр жыл iшiнде қайталап жасалған әрекет –
жеке тұлғаларға – бес, шағын кәсiпкерлiк субъектiлерiне – он, орта
кәсiпкерлiк субъектiлерiне – жиырма, iрi кәсiпкерлiк субъектiлерiне, Қазақстан
Республикасының аумағында бір жылдан астам жұмыс істейтін резидент емес – заңды
тұлғалардың филиалдары мен өкілдіктеріне қырық айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
5. Ресімделген тіркеу куәліктері, хабарлама туралы куәліктер бойынша немесе
валюталық мониторинг бойынша, қолма-қол шетел валютасымен айырбастау операциялары
бойынша есептілікті ұсынбау –
жеке тұлғаларға – қырық, шағын кәсiпкерлiк субъектiлерiне – жетпіс, орта
кәсiпкерлiк субъектiлерiне – бір жүз, iрi кәсiпкерлiк субъектiлерiне, Қазақстан
Республикасының аумағында бір жылдан астам жұмыс істейтін резидент емес заңды
тұлғалардың филиалдары мен өкілдіктеріне бір жүз елу айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
6. Ұлттық валюта мен шетел валютасын репатриациялау мерзімдеріне және
(немесе) шарттарына әсерін тигізетін мән-жайлардың туындағанын растайтын ақпарат
пен құжаттарды уақтылы бермеу –
ескерту жасауға әкеп соғады.
7. Осы баптың алтыншы бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
шағын кәсiпкерлiк субъектiлерiне – отыз, орта кәсiпкерлiк субъектiлерiне –
елу, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
8. Ұлттық валюта мен шетел валютасын репатриациялау мерзімдеріне және
(немесе) шарттарына әсерін тигізетін мән-жайлардың туындағанын растайтын ақпарат
пен құжаттарды бермеу –
шағын кәсiпкерлiк субъектiлерiне – елу, орта кәсiпкерлiк субъектiлерiне –
жетпіс, iрi кәсiпкерлiк субъектiлерiне бір жүз елу айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
244-бап. Валюталық операциялар жөнінде хабарлама туралы
куәлікті немесе валюталық операцияларға тіркеу
куәлігін алу үшін құжаттарды беру мерзімін бұзу
1. Жеке және заңды тұлғалардың валюталық операциялар жөнінде хабарлама
туралы куәлікті немесе валюталық операцияларға тіркеу куәлігін алу үшін құжаттарды
беру мерзімін бұзуы –
жеке және заңды тұлғаларға ескерту жасауға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет (әрекетсіздік) –
жеке тұлғаларға – елу, шағын кәсіпкерлік субъектілеріне немесе коммерциялық
емес ұйымдарға – сексен, орта кәсіпкерлік субъектілеріне – бір жүз жиырма, ірі
кәсіпкерлік субъектілеріне екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
245-бап. Аудитордың Қазақстан Республикасының
бухгалтерлiк есеп пен қаржылық есептiлiк туралы
заңнамасының бұзылу фактiсiн аудит жүргiзуге
тапсырыс берушiлерден жасыруы
Аудитордың тексеру жүргiзу кезiнде анықталған Қазақстан Республикасының
бухгалтерлiк есеп пен қаржылық есептiлiк туралы заңнамасының бұзылу фактiсiн аудит
жүргiзуге тапсырыс берушiлерден жасыруы –
«аудитор» бiлiктiлiк куәлiгiнен айыра отырып, жетпіс бес айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
246-бап. Аудитордың және аудиторлық ұйымның анық емес
аудиторлық есеп, сондай-ақ анық емес аудиторлық
қорытынды жасауы
Ескерту. Тақырып жаңа редакцияда - ҚР 29.12.2014 № 269-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
1. Осы Кодекстің 249-бабында көзделген жағдайды қоспағанда, аудитордың және
аудиторлық ұйымның анық емес аудиторлық есепті жасауы –
аудиторларға – сексен, аудиторлық қызметті жүзеге асыруға лицензияның
қолданысын тоқтата тұрып не онсыз, аудиторлық ұйымға бір жүз сексен айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Аудитордың және аудиторлық ұйымның көрінеу анық емес аудиторлық есепті
жасауы –
біліктілік куәлігінен айыра отырып, аудиторларға – бір жүз он айлық есептік
көрсеткіш мөлшерінде, аудиторлық қызметті жүзеге асыруға лицензияның қолданысын
тоқтата тұрып, аудиторлық ұйымдарға екі жүз жиырма айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
3. Осы баптың бірінші бөлігінде көзделген, аудитор әкімшілік жаза
қолданылғаннан кейін бір жыл ішінде қайталап жасаған әрекет –
біліктілік куәлігінен айыра отырып, бір жүз елу айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
4. Осы баптың бірінші және екінші бөліктерінде көзделген, аудиторлық ұйым
әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасаған әрекеттер –
аудиторлық қызметті жүзеге асыруға лицензиядан айыра отырып, екі жүз елу
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
5. Аудиторлық ұйымның салықтар бойынша анық емес аудиторлық қорытынды жасауы
–
аудиторлық қызметті жүзеге асыруға лицензияның қолданысын тоқтата тұрып не
онсыз, аудиторлық ұйымға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
6. Осы баптың бесінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
аудиторлық қызметті жүзеге асыруға лицензиядан айыра отырып, аудиторлық
ұйымға екі жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
Ескерту. 246-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 269-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
246-1-бап. Аудиторлық ұйымның салықтар бойынша аудит
жүргізу тәртібін бұзуы
Салықтар бойынша аудиторлық қорытынды анық емес деп тануға әкеп соғатын
бұзушылықтарды қоспағанда, аудиторлық ұйымның салықтар бойынша аудит жүргізу
тәртібін бұзуы –
аудиторлық ұйымға бір жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
Ескертпе. Осы бапта салықтар бойынша аудит жүргізу тәртібін бұзу деп
аудиторлық ұйымның аудиторлық қызмет саласында реттеуді жүзеге асыратын уәкілетті
мемлекеттік орган айқындайтын, аудиторлық ұйымның салықтар бойынша аудит жүргізу
тәртібінде белгіленген міндеттерді сақтамауы түсініледі.
Ескерту. 15-тарау 246-1-баппен толықтырылды - ҚР 29.12.2014 № 269-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
247-бап. Қазақстан Республикасының аудиторлық қызмет
туралы заңнамасын бұзу
1. Аудиторлық ұйымның Қазақстан Республикасының аудиторлық қызмет
туралы заңнамасында көзделмеген қызмет түрлерін жүзеге асыруы –
ескерту жасауға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Аудитті «Аудиторлық қызмет туралы» Қазақстан Республикасының Заңында тыйым
салынған жағдайларда жүргізу –
лицензияның қолданысын тоқтата тұрып, заңды тұлғаларға бір жүз елу айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
4. Аудит жүргізілуі міндетті аудиттелетін қаржы ұйымдарына аудит жүргізу
нәтижесінде анықталған, Қазақстан Республикасының қаржы нарығы мен қаржы
ұйымдарының қызметін реттейтін заңнамасын бұзушылықтар туралы Қазақстан
Республикасының Ұлттық Банкіне хабарламау және осы аудиттелетін ұйымдарды хабардар
етпеу –
заңды тұлғаларға бір жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
5. Аккредиттелген кәсіби аудиторлық ұйымдардың тиісті уәкілетті органдарға
Қазақстан Республикасының аудиторлық қызмет туралы заңнамасына сәйкес берілуі талап
етілетін ақпаратты уақтылы бермеуі немесе бермеуі, сол сияқты анық емес
мәліметтерді беруі –
бір жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
6. Мемлекеттік мекемелер мен мемлекеттік кәсіпорындар, сондай-ақ мемлекет
қатысатын заңды тұлғалар атынан аудиттелетін субъектілердің мемлекеттік қаржылық
бақылау органдарына осы ұйымдарға аудит жүргізу нәтижесінде анықталған, бюджет
қаражаттарын, кредиттерді, байланысты гранттарды, мемлекет активтерін, мемлекет
кепілдік берген қарыздарды пайдалану кезінде Қазақстан Республикасының заңнамасын
бұзушылықтар туралы хабарламауы –
бірінші басшыларға бір жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
7. Аудиторлық ұйымдардың біліктілік талаптарына сәйкес уәкілетті органға
есептілікті және (немесе) уәкілетті орган бекіткен нысан бойынша өзінің азаматтық-
құқықтық жауапкершілігін сақтандыру жөніндегі ақпаратты уақтылы бермеуі немесе
бермеуі –
заңды тұлғаларға бір жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
8. Аудиторлық ұйымдардың Қазақстан Республикасының Ұлттық Банкіне аудиторлық
есептi ұсынбауы –
заңды тұлғаларға екi жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
248-бап. Аудитордың жеке мөрiн пайдалануға және сақтауға
байланысты бұзушылықтар
1. Аудитордың Қазақстан Республикасының аудиторлық қызмет туралы заңнамасында
белгiленген жеке мөрдi тиiсiнше сақтау және пайдалану жөнiндегi талаптарды бұзуы –
бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, аудитор әкімшілік жаза
қолданылғаннан кейін бір жыл ішінде қайталап жасаған әрекет –
екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
249-бап. Аудиттелетін субъектінің аудиторлық ұйымға
уақтылы, анық немесе толық ақпарат бермеуі
Аудиттелетін субъектінің аудит жүргізу барысында аудиторлық ұйымға анық емес
аудиторлық есеп жасауға әкеп соққан, уақтылы, анық немесе толық ақпарат бермеуі –
шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – жиырма,
орта кәсіпкерлік субъектілеріне – жиырма бес, ірі кәсіпкерлік субъектілеріне бір
жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
250-бап. Мiндеттi аудит жүргізуден жалтару
Мiндеттi аудит жүргізуден жалтару не оны жүргiзуге кедергi
келтiру –
шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – он бес,
орта кәсіпкерлік субъектілеріне – жиырма, ірі кәсіпкерлік субъектілеріне екі жүз
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
251-бап. Ұлттық валюта мен шетел валютасын репатриациялау
талабын орындамау
Уәкiлеттi банктердегi банк шоттарына ұлттық валюта мен шетел валютасын:
1) тауарлар (жұмыстар, көрсетілетін қызметтер) экспортынан түсетін ұлттық
валюта мен шетел валютасындағы түсiмдердi;
2) резиденттiң тауарлар (жұмыстар, көрсетілетін қызметтер) импорты үшін
резидент еместiң пайдасына аударған, резидент еместiң тауарларды жеткізу
(жұмыстарды жүзеге асыру, қызметтер көрсету) бойынша мiндеттемелердi орындамауына
немесе толық орындамауына байланысты қайтарылуға жататын ұлттық валюта мен шетел
валютасын есепке жатқызбау түрiнде жасалған, ұлттық валюта мен шетел валютасын
репатриациялау талабын орындамау –
шағын кәсіпкерлік субъектілеріне, орта кәсіпкерлік субъектілеріне, ірі
кәсіпкерлік субъектілеріне, коммерциялық емес ұйымдарға есепке жатқызылмаған ұлттық
валюта мен шетел валютасы сомасының жиырма пайызы, бірақ екі мың айлық есептiк
көрсеткіштен аспайтын мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпе.
Осы бапта көзделген құқық бұзушылықтарды жасағаны үшін жауаптылық
репатриациялау мерзімі өткеннен кейін есепке жатқызылмаған ұлттық валюта мен шетел
валютасының сомасы елу мың АҚШ долларына баламалы сомадан асып түскен және егер осы
әрекеттерде (әрекетсіздікте) қылмыстық жазаланатын іс-әрекет белгілері болмаған
жағдайларда басталады.
Дара кәсіпкерлер болып табылмайтын жеке тұлғалар осы бапта көзделген
жауаптылықта болмайды.
252-бап. Валюталық операцияларды Қазақстан
Республикасының валюта заңнамасын бұза отырып
жүргізу
1. Шетел валютасымен айырбастау операцияларын уәкілетті банктер мен олардың
айырбастау пункттері, сондай-ақ уәкілетті ұйымдардың айырбастау пункттері арқылы
жүргізбеу, резиденттер арасында тыйым салынған валюталық операциялар жүргізу, ақша
төлемдері мен аударымдарын уәкілетті банктердегі шоттар арқылы жүргізбеу, егер
мұндай талап Қазақстан Республикасының валюта заңнамасында белгіленсе, –
жеке және заңды тұлғаларға ескерту жасауға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекеттер –
жеке тұлғаларға, белгіленген тәртіпті бұза отырып жүргізілген операция
сомасының – елу, шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес
ұйымдарға – алпыс, орта кәсіпкерлік субъектілеріне – жетпіс, ірі кәсіпкерлік
субъектілеріне бір жүз пайызы мөлшерінде айыппұл салуға әкеп соғады.
3. Уәкілетті банктер мен уәкілетті ұйымдардың Қазақстан Республикасының
Ұлттық Банкі белгілеген айырбастау пункттері арқылы жүргізілетін операциялар
бойынша шетел валютасын теңгеге сатып алу бағамының сату бағамынан ауытқу шектерін
сақтамауы –
орта кәсіпкерлік субъектілеріне – екі жүз, ipi кәсіпкерлік субъектілеріне бес
жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
253-бап. Арнаулы валюталық режимді бұзу
Арнаулы валюталық режимді:
1) валюталық операция жүргізуге Қазақстан Республикасы Ұлттық Банкінің
арнаулы рұқсатын алу талабын орындамау;
2) резиденттер алған шетел валютасын міндетті түрде сату талабын орындамау;
3) шетел банктеріндегі шоттарды пайдалану;
4) валюталық операциялар жүргізу тәртібіне қойылатын талаптарды орындамау;
5) Қазақстан Республикасының Президенті енгізген өзге де уақытша валюталық
шектеулерді сақтамау бөлігінде бұзу –
жеке және заңды тұлғаларға арнаулы валюталық режимді бұза отырып жүргізген
операция сомасының бір жүз пайызы мөлшерінде айыппұл салуға әкеп соғады.
254-бап. Инсайдерлік ақпаратты заңсыз пайдалану
1. Инсайдерлердің бағалы қағаздармен және (немесе) туынды қаржы құралдарымен
мәмілелер жасау кезінде инсайдерлік ақпаратты пайдалану, инсайдерлік ақпаратты
үшінші тұлғаларға заңсыз беру, үшінші тұлғаларға инсайдерлік ақпаратқа негізделген,
бағалы қағаздармен және (немесе) туынды қаржы құралдарымен мәмілелер жасау туралы
ұсынымдар немесе ұсыныстар беру жөніндегі әрекеттері, сондай-ақ Қазақстан
Республикасы заңнамасының эмитенттерге қатысты инсайдерлер деп танылған заңды
тұлғалардың осы эмитенттерге ақпарат беруі жөніндегі талаптарын орындамауы, егер
осы әрекеттер ірі залал келтірмесе, –
жеке тұлғаға – екі жүз, лауазымды адамға – төрт жүз, заңды тұлғаға алты жүз
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Эмитент және ол шығарған (берген) бағалы қағаздар (туынды қаржы құралдары)
туралы инсайдерлік ақпаратқа билік етуге және оны пайдалануға бақылауды жүзеге
асыру бөлігінде эмитенттердің Қазақстан Республикасының заңнамасында белгіленген
талаптарды бұзуы –
заңды тұлғаларға алты жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
255-бап. Бағалы қағаздар нарығындағы қызметтi жосықсыз
жарнамалау
Бағалы қағаздар нарығы субъектiлерiнің жарнаманы жариялау кезiнде анық емес
мәлiметтер ұсыну және тарату арқылы бағалы қағаздар нарығындағы қызметтi жосықсыз
жарнамалау –
жеке және заңды тұлғаларға бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
256-бап. Бағалы қағаздар нарығы субъектісінің және өзге
де тұлғалардың есептілікті, ақпаратты,
мәліметтерді беру жөніндегі талаптарды бұзуы
1. Бағалы қағаздар нарығы субъектісінің, сондай-ақ оның қатысушыларының
(акционерлерінің) және (немесе) үлестес тұлғаларының есептілікті, мәліметтерді және
(немесе) өзге де сұратылатын ақпаратты бермеуі, сол сияқты бірнеше рет (қатарынан
күнтізбелік он екі ай ішінде екі және одан да көп рет) уақтылы бермеуі –
жеке тұлғаларға – елу, заңды тұлғаларға – екі жүз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Бағалы қағаздар нарығы субъектісінің, сондай-ақ оның қатысушыларының
(акционерлерінің) және (немесе) үлестес тұлғаларының, оның ішінде бағалы қағаздар
нарығы субъектілерінің қызметіне тексеру жүргізу барысында анық емес, сол сияқты
толық емес есептілікті, мәліметтерді және (немесе) өзге де сұратылатын ақпаратты
беруі –
жеке тұлғаларға – елу, заңды тұлғаларға екі жүз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
3. Бағалы қағаздар нарығы субъектiсiнiң бағалы қағаздармен жасалатын
операциялар туралы көрiнеу жалған, қылмыстық жазаланатын іс-әрекет белгiлерi жоқ
мәліметтер ұсынуы –
заңды тұлғаларға екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
Ескертпе. Осы баптың бірінші бөлігіндегі есептілік деп берілуі эмиссиялық
бағалы қағаздарды шығаруды мемлекеттік тіркеу, эмиссиялық бағалы қағаздарды шығару
проспектісіне өзгерістер мен толықтыруларды тіркеу, эмиссиялық бағалы қағаздарды
орналастыру және (немесе) өтеу қорытындылары туралы есепті бекіту, облигацияларды
ұстаушылар өкілінің қызметі туралы және облигациялар бойынша міндеттемелерді
орындамау не тиісінше орындамау туралы хабарлау, акционерлік қоғамның үлестес
тұлғаларының тізімін ұсыну; тәуекелдерді басқару және бағалы қағаздар нарығына
кәсіби қатысушыларды ішкі бақылау жүйесіне қойылатын талаптардың орындалуын бағалау
мақсатында Қазақстан Республикасының заңнамасында көзделген құжаттар мен есептілік
түсініледі.
257-бап. Бағалы қағаздарды ұстаушылардың құқықтарын бұзуы
1. Акционерлердің акционерлiк қоғам iстерiн басқару құқықтарының, кіріс
бөлiгiн бөлу (дивидендтер төлеу) тәртiбiнің, бағалы қағаздарды артықшылықпен сатып
алу, қоғамның қызметi туралы ақпарат алу құқықтарының бұзылуы, сондай-ақ
акционерлердiң жалпы жиналысын шақыру мен өткiзудiң Қазақстан
Республикасының заңнамасында белгiленген тәртiбiн бұзу –
заңды тұлғаларға төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Облигациялар бойынша сыйақылар төлеудің және (немесе) оларды өтеудің
Қазақстан Республикасының заңнамасында белгiленген тәртiбi мен шарттарын бұзу –
заңды тұлғаларға төрт жүз айлық есептiк көрсеткiш мөлшерінде айыппұл салуға
әкеп соғады.
3. Бағалы қағаздар эмитентінің өзі орналастырған бағалы қағаздарды сатып
алудың Қазақстан Республикасының заңнамасында және (немесе) осы бағалы қағаздарды
шығару проспектісінде белгіленген тәртібі мен шарттарын бұзуы, сондай-ақ өзі
орналастырған бағалы қағаздарды сатып алуды Қазақстан Республикасының заңнамасында
және (немесе) осы бағалы қағаздарды шығару проспектісінде белгіленген жағдайларда
жүзеге асырмауы –
заңды тұлғаларға төрт жүз айлық есептiк көрсеткiш мөлшерінде айыппұл салуға
әкеп соғады.
258-бап. Бағалы қағаздармен және (немесе) туынды қаржы
құралдарымен мәмiлелер жасау тәртібін, сондай-ақ
мәмілелер жасасу шарттарын бұзу
Бағалы қағаздармен және (немесе) туынды қаржы құралдарымен мәмiлелер жасаудың
Қазақстан Республикасының заңнамасында белгiленген тәртiбiн, сондай-ақ мәмілелер
жасасудың Қазақстан Республикасының заңнамасында белгіленген шарттарын бұзу -
жеке тұлғаларға – екі жүз, лауазымды адамдарға, шағын кәсiпкерлiк
субъектiлеріне – үш жүз, орта кәсiпкерлiк субъектiлеріне – төрт жүз, iрi
кәсiпкерлiк субъектiлерiне бес жүз айлық есептік көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
259-бап. Бағалы қағаздар бағаларымен айла-шарғы жасау
мақсатында мәмiлелер жасау
Бағалы қағаздар нарығы субъектiлерiнің бағалы қағаздар бағаларымен айла-шарғы
жасау мақсатында мәмiлелер жасауы –
жеке тұлғаларға – екі жүз, шағын кәсiпкерлiк субъектiлеріне – үш жүз, орта
кәсiпкерлiк субъектiлеріне – төрт жүз, iрi кәсiпкерлiк субъектiлерiне бес жүз айлық
есептік көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
260-бап. Бағалы қағаздармен мәмiлелердi тiркеу, олар
бойынша құқықтарды есепке алу және растау
тәртiбiн бұзу
1. Бағалы қағаздар нарығына кәсiби қатысушының бағалы қағаздарды ұстаушылар
тiзiлiмдерiнің жүйесiн немесе номиналды ұстауды есепке алу жүйесiн жүргiзу тәртiбiн
бұзуы, сол сияқты бағалы қағаздар бойынша құқықтарды растау тәртiбiн бұзуы, егер
бұл әрекеттерде қылмыстық жазаланатын іс-әрекет белгiлерi болмаса, –
үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Бағалы қағаздар нарығына кәсiби қатысушының номиналды ұстау жүйесiн
құрайтын құжаттар мен мәліметтерді бағалы қағаздар нарығына басқа кәсiби қатысушыға
берудің Қазақстан Республикасының заңнамасында белгіленген тәртібі мен шарттарын
бұзуы –
заңды тұлғаларға төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
261-бап. Эмитенттiң эмиссиялық бағалы қағаздарды
шығарудың және (немесе) орналастырудың шарттары
мен тәртiбiн бұзуы
1. Эмитенттің эмиссиялық бағалы қағаздарды шығарудың және (немесе)
орналастырудың Қазақстан Республикасының заңнамасында белгiленген шарттары мен
тәртiбiн бұзуы, оның ішінде қаржы ұйымы болып табылмайтын эмитенттің, облигациялар
шығару проспектісінде белгіленген, осы баптың екінші бөлігінде көзделген
әрекеттерді қоспағанда, облигацияларды орналастырудан алынған ақшаны пайдалану
шарттары мен тәртібін бұзуы –
лауазымды адамдарға – үш жүз, шағын кәсiпкерлiк субъектiлерiне, коммерциялық
емес ұйымдарға – үш жүз елу, орта кәсіпкерлік субъектілеріне – төрт жүз, iрi
кәсiпкерлiк субъектiлерiне бес жүз айлық есептік көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
2. Эмитенттің Қазақстан Республикасының заңнамасында белгiленген, шет
мемлекеттің аумағында эмиссиялық бағалы қағаздарды орналастырудың шарттары мен
тәртiбiн бұзуы –
заңды тұлғаларға эмиссиялық бағалы қағаздарды орналастырудан алынған ақша
сомасының елу пайызы мөлшерінде айыппұл салуға әкеп соғады.
262-бап. Бағалы қағаздар нарығына кәсiби қатысушының және
бағалы қағаздармен сауда-саттықты
ұйымдастырушының өздерінің қызметiне Қазақстан
Республикасының заңнамасында белгiленген
талаптарды бұзуы
Бағалы қағаздар нарығына кәсiби қатысушының және бағалы қағаздармен сауда-
саттықты ұйымдастырушының өздерінің қызметiне Қазақстан
Республикасының заңнамасында белгiленген талаптарды бірнеше рет (қатарынан
күнтiзбелiк он екі ай iшiнде екi және одан да көп рет) бұзуы –
үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
263-бап. Бағалы қағаздар нарығындағы ақпаратты ашу
жөніндегі міндетті бұзу
Бағалы қағаздар нарығы субъектілерінің Қазақстан Республикасының заңнамасында
және (немесе) қор биржасының ішкі қағидаларында айқындалатын тәртіппен және
шарттарында ақпаратты ашу жөніндегі міндетті орындамауы, сондай-ақ өз қызметі
туралы толық емес немесе анық емес ақпаратты беруі –
жеке тұлғаларға – елу, заңды тұлғаларға бір жүз айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
264-бап. Бірыңғай жинақтаушы зейнетақы қорының, ерікті
жинақтаушы зейнетақы қорларының және
инвестициялық портфельді басқарушының Қазақстан
Республикасының бағалы қағаздар нарығы туралы
заңнамасын бұзуы
1. Бірыңғай жинақтаушы зейнетақы қорының, ерікті жинақтаушы зейнетақы
қорларының салымшылардың (алушылардың) дербес шоттарындағы зейнетақы жинақтарын
есепке алу тәртiбiн бұзуы, сондай-ақ инвестициялық портфельді басқарушының
кастодиан-банктермен және бірыңғай жинақтаушы зейнетақы қорымен, ерікті жинақтаушы
зейнетақы қорларымен өзара қарым-қатынастардың Қазақстан Республикасының бағалы
қағаздар нарығы туралы заңнамасында белгiленген тәртiбiн iрi залал келтiрмей бұзуы
–
заңды тұлғаларға төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Бірыңғай жинақтаушы зейнетақы қорының немесе ерікті зейнетақы жинақтаушы
қорының Қазақстан Республикасының бағалы қағаздар нарығы туралы заңнамасын бұзып,
мәмілелер мен операцияларды жүзеге асыруы –
заңды тұлғаларға төрт жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
265-бап. «Инвестициялық қорлар туралы» Қазақстан
Республикасы Заңының талаптарын бұзу
1. Акционерлік инвестициялық қордың, инвестициялық қордың басқарушы
компаниясының өз қызметi, инвестициялық қордың таза активтерiнiң құрамы мен құнын
сипаттайтын көрсеткiштер туралы ақпараттың мазмұнына қойылатын «Инвестициялық
қорлар туралы» Қазақстан Республикасы Заңының талаптарын, сондай-ақ оны жариялау
және тарату тәртiбiн бұзуы –
заңды тұлғаларға төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Акционерлік инвестициялық қордың, инвестициялық қордың басқарушы
компаниясының дәл емес, толық емес немесе жаңылыстыратын ақпаратты таратуы немесе
жариялауы –
заңды тұлғаларға төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
266-бап. Қазақстан Республикасының заңнамалық актiлерiнде
төлемдер жүргiзу бойынша белгiленген шектеулердi
бұзу
Заңды тұлғалардың азаматтық-құқықтық мәмiле бойынша басқа заңды тұлғаның
пайдасына бір мың айлық есептiк көрсеткiштен асатын сомада қолма-қол тәртiппен
төлемдi жүзеге асыруы –
төлемдi жүзеге асырған заңды тұлғаға төлем сомасының бес пайызы мөлшерінде
айыппұл салуға әкеп соғады.
267-бап. Мемлекеттiк мекеменiң және жедел басқару
құқығындағы мемлекеттiк кәсiпорынның (қазыналық
кәсiпорынның) лауазымды адамдарының ақшалай
мiндеттемелердi мемлекеттiк бюджет қаражаты
есебiнен қабылдау жөнiндегi заңсыз әрекеттерi
1. Мемлекеттiк мекеменiң немесе жедел басқару құқығындағы мемлекеттiк
кәсiпорынның (қазыналық кәсiпорынның) лауазымды адамдарының ақшалай мiндеттемелердi
мемлекеттiк бюджет қаражаты есебiнен азаматтық-құқықтық мәмiлелердi заңнамада
белгiленген тiркеусiз және (немесе) уәкiлеттi орган бекiткен сметалар сомасынан
асырып қабылдау жөнiндегi, мемлекеттiк мекеменiң немесе жедел басқару құқығындағы
мемлекеттiк кәсiпорынның (қазыналық кәсiпорынның) мiндеттемелерi бойынша Қазақстан
Республикасы Үкiметiнiң немесе тиiстi жергiлiктi атқарушы органның жауаптылығына
әкеп соққан заңсыз әрекеттерi –
елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
бір жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
268-бап. Қазақстан Республикасының тауар биржалары туралы
заңнамасын бұзу
1. Тауар биржасы қызметкерлерінің биржалық мәмілелерге қатысуы –
бір жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Тауар биржасының биржалық сауданы ұйымдастырумен тікелей байланысты емес
сауда қызметін және өзге де қызметті жүзеге асыруы –
бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Биржалық тауарлар тізбесіне енгізілген тауарларды тауар биржаларынан тыс
өткізу –
жеке тұлғаларға – жетпіс, шағын кәсіпкерлік субъектілеріне немесе
коммерциялық емес ұйымдарға – бір жүз, орта кәсіпкерлік субъектілеріне – бір жүз
қырық, ірі кәсіпкерлік субъектілеріне төрт жүз айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
4. Биржалық брокерлердің және (немесе) биржалық дилерлердің әрбір клиент
бойынша жеке жасалатын биржалық мәмілелердің есебін жүргізу және осы мәмілелер
туралы мәліметтерді мәміле жасалған күннен бастап бес жыл ішінде сақтау жөніндегі
талаптарды сақтамауы –
сексен айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
16-тарау. САЛЫҚ САЛУ САЛАСЫНДАҒЫ ӘКІМШІЛІК ҚҰҚЫҚ БҰЗУШЫЛЫҚТАР 269-бап. Мемлекеттік кіріс органында тіркеу есебiне қою
мерзiмiн бұзу
1. Мемлекеттік кіріс органында тiркеу есебiне қою туралы, дара кәсіпкердің,
жекеше нотариустың, жекеше сот орындаушысының, адвокаттың тіркелу есебі туралы,
жекелеген қызмет түрлері бойынша тіркеу есебі туралы салықтық өтініш берудiң
Қазақстан Республикасының заңнамалық актiлерiнде белгiленген мерзiмдерiн бұзу –
ескерту жасауға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекет –
жеке тұлғаларға – сегiз, жекеше нотариустарға, жеке сот орындаушыларына,
адвокаттарға, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға –
он бес, орта кәсіпкерлік субъектілеріне – отыз, iрi кәсiпкерлiк субъектiлерiне
жетпіс айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Салық төлеушiнiң мемлекеттік кіріс органына қосылған құн салығы бойынша
тіркеу есебіне қою туралы салықтық өтінішті берудiң Қазақстан Республикасының
заңнамалық актiлерiнде белгiленген мерзiмiн бұзуы –
шағын кәсiпкерлiк субъектiлерiне – есепке қойылмаған кезеңдегі салық
салынатын айналым сомасының он, орта кәсіпкерлік субъектілеріне – он бес, iрi
кәсiпкерлiк субъектiлерiне отыз пайызы мөлшерiнде айыппұл салуға әкеп соғады.
270-бап. Арнаулы салық режимiн қолдану кезінде қызметтi
құқыққа сыйымсыз жүзеге асыру
1. Арнаулы салық режимiн Қазақстан Республикасының заңнамалық актiлерiнде осы
режим үшiн көзделген шарттарды бұза отырып қолдану –
ескерту жасауға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
шағын кәсiпкерлiк субъектiлерiне – он бес, орта кәсіпкерлік субъектілеріне –
отыз, iрi кәсiпкерлiк субъектiлерiне – елу айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
3. Дара кәсiпкердiң патент құнының есеп-қисабын беру не салық есептілігін
ұсынуды тоқтата тұру (ұзарту, қайта бастау) туралы салықтық өтінішті беру мерзiмiн
бұзуы –
ескерту жасауға әкеп соғады.
4. Осы баптың үшiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн
бiр жыл iшiнде қайталап жасалған іс-әрекет –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
271-бап. Мемлекеттік кіріс органының салық есептілігін
ұсынуды тоқтата тұру туралы шешімінің қолданылуы
кезеңінде қызметті жүзеге асыру
1. Мемлекеттік кіріс органының салық есептілігін ұсынуды тоқтата тұру туралы
шешімінің қолданылуы кезеңінде тұлғалардың қызметті жүзеге асыруы –
ескерту жасауға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
жекеше нотариустарға, жеке сот орындаушыларына, адвокаттарға, шағын
кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – қырық, орта
кәсiпкерлiк субъектiлерiне – қырық бес, iрi кәсiпкерлiк субъектiлерiне елу айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
272-бап. Салық есептiлiгiн, сондай-ақ шартты банк
салымымен байланысты құжаттарды ұсынбау
1. Салық төлеушінің Қазақстан Республикасының заңнамалық актілерінде
белгіленген мерзімде мемлекеттік кіріс органына салық есептілігін ұсынбауы –
ескерту жасауға әкеп соғады.
2. Осы баптың үшінші бөлігінде көрсетілген іс-әрекетті қоспағанда, осы
баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл
ішінде қайталап жасалған іс-әрекет –
жеке тұлғаларға – он бес, жекеше нотариустарға, жеке сот орындаушыларына,
адвокаттарға, шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға –
отыз, орта кәсiпкерлiк субъектiлерiне – қырық бес, iрi кәсiпкерлiк субъектiлерiне
жетпіс айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
3. Мониторинг бойынша есептілікті Қазақстан Республикасының заңнамалық
актілерінде белгіленген мерзімде ұсынбаудан көрінген, осы баптың бірінші бөлігінде
көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-
әрекет –
мониторингке жататын ірі салық төлеушілерге бес жүз елу айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Салық агентінің табыс салығын шартты банк салымы арқылы төлеген жағдайда,
шартты банк салымы туралы шартты мемлекеттік кіріс органына ұсынбауы не уақтылы
ұсынбауы –
жекеше нотариустарға, жеке сот орындаушыларына, адвокаттарға, шағын
кәсіпкерлік субъектілеріне, оның ішінде қызметін тұрақты мекеме, филиал, өкілдік
арқылы Қазақстан Республикасында жүзеге асыратын резидент емес заңды тұлғаларға –
жиырма, орта кәсіпкерлік субъектілеріне, оның ішінде қызметін тұрақты мекеме,
филиал, өкілдік арқылы Қазақстан Республикасында жүзеге асыратын резидент емес –
заңды тұлғаларға – отыз, ірі кәсіпкерлік субъектілеріне, оның ішінде қызметін
тұрақты мекеме, филиал, өкілдік арқылы Қазақстан Республикасында жүзеге асыратын
резидент емес заңды тұлғаларға елу айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
5. Салық төлеушінің мемлекеттік кіріс органына жеңілдікті салық салынатын
мемлекетте орналасқан және (немесе) тіркелген, Қазақстан Республикасының Салық
кодексіне сәйкес салық салынуға жататын резидент емес заңды тұлға пайдасының немесе
пайдасының бір бөлігінің сомасын айқындау үшін қажетті құжаттарды ұсынбауы –
жеке тұлғаларға – бір жүз, шағын кәсіпкерлік субъектілеріне – бір жүз елу,
орта кәсіпкерлік субъектілеріне – екі жүз, ірі кәсіпкерлік субъектілеріне бес жүз
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
273-бап. Мәмілелер мониторингі бойынша есептілікті,
сондай-ақ трансферттік баға белгілеу кезінде
бақылауды жүзеге асыру үшін қажетті құжаттарды
ұсынбау
1. Салық төлеушінің Қазақстан Республикасының трансферттік баға белгілеу
туралы заңнамасында белгіленген мерзімде мәмілелер мониторингі бойынша есептілікті
мемлекеттік кіріс органына ұсынбауы, сондай-ақ салық төлеушiнiң трансферттік баға
белгілеу кезінде бақылауды жүзеге асыру үшін қажетті құжаттарды (оның iшiнде
электрондық түрде) уәкiлеттi орган белгiлеген мерзiмде ұсынбауы не оны ұсынудан бас
тартуы –
шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – бір
жүз, орта кәсіпкерлік субъектілеріне – екі жүз, ірі кәсіпкерлік субъектілеріне үш
жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Мәмілелер мониторингі бойынша есептіліктің деректері мен тексеру
барысында алынған деректер арасында тиісті қаржы жылына арналған республикалық
бюджет туралы заңда белгіленген айлық есептік көрсеткіштің екі мың еселенген
мөлшерінен асатын алшақтықтарды анықтау –
шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – бір
жүз, орта кәсіпкерлік субъектілеріне – екі жүз, ірі кәсіпкерлік субъектілеріне үш
жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекеттер (әрекетсіздік) –
шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – бір жүз
жиырма бес, орта кәсіпкерлік субъектілеріне – екі жүз елу, ірі кәсіпкерлік
субъектілеріне жеті жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
274-бап. Қаржылық бақылау шараларын бұзу
1. Мемлекеттік лауазымды атқаратын адамның, мемлекеттік қызметтен теріс
себептермен босатылған адамның, сол сияқты аталған адамдардың жұбайының (зайыбының)
салық салу объектілері болып табылатын табыстары мен мүлкі туралы декларацияларды
және мәліметтерді Қазақстан Республикасының заңнамасында белгіленген мерзімдерде
қасақана ұсынбауы немесе толық, анық ұсынбауы –
елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жылдың ішінде қайталап жасалған әрекет –
екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
Ескерту. 274-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
275-бап. Салық салу объектiлерiн жасыру
1. Салық төлеушiнiң салық салу объектiлерiн жасыруы –
жеке тұлғаларға, шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес
ұйымдарға, орта кәсіпкерлік субъектілеріне, ірі кәсіпкерлік субъектілеріне
жасырылған салық салу объектiсi бойынша төленуге жататын салық және басқа да
мiндеттi төлемдер сомасының бір жүз елу пайызы мөлшерiнде айыппұл салуға әкеп
соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекеттер (әрекетсіздік) –
жеке тұлғаларға, шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес
ұйымдарға, орта кәсіпкерлік субъектілеріне, ірі кәсіпкерлік субъектілеріне
жасырылған салық салу объектiсi бойынша төленуге жататын салық және басқа да
мiндеттi төлемдер сомасының екі жүз пайызы мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпе. Осы баптың бірінші бөлігінің мақсаттары үшін салық салу
объектiлерiн жасыру деп салық төлеушінің Кеден одағына мүше мемлекеттердің
аумағынан Қазақстан Республикасының аумағына импортталған тауарларды есепке
қабылдамауы да түсініледі.
276-бап. Есепке алу құжаттамаларының болмауы және
салықтық есепке алуды жүргізуді бұзу
1. Салық төлеушіде есепке алу құжаттамасының болмауы және (немесе)
Қазақстан Республикасының заңнамасында белгіленген есепке алу құжаттамасын жасау
және сақтау жөніндегі талаптардың сақталмауы –
ескерту жасауға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – жиырма
бес, орта кәсіпкерлік субъектілеріне – елу, ірі кәсіпкерлік субъектілеріне жетпіс
бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Есепке алу құжаттамасында тауарларды (жұмыстарды, көрсетiлетін
қызметтердi) есепке алу және өткізу жөнiндегi операциялардың көрсетiлмеуi –
шағын кәсіпкерлік субъектілеріне – есепке алынбаған тауарлар (жұмыстар,
көрсетiлетін қызметтер) құнының – үш, орта кәсіпкерлік субъектілеріне – бес, ірі
кәсіпкерлік субъектілеріне он пайызы мөлшерінде айыппұл салуға әкеп соғады.
Ескертпе. Салық төлеушіде есепке алу құжаттамасының болмауы деп бухгалтерлік
құжаттаманың және (немесе) салықтық нысандардың, салықтық есепке алу саясатының,
салық салу объектілерін және (немесе) салық салуға байланысты объектілерді айқындау
үшін, сондай-ақ салық міндеттемесін есептеу үшін негіз болып табылатын өзге де
құжаттардың болмауы түсініледі.
277-бап. Салықтардың және бюджетке төленетiн басқа да
мiндеттi төлемдердiң есепке жазылған
(есептелген) сомаларын төлеуден жалтару
Мемлекеттік кіріс органының касса бойынша шығыс операцияларын тоқтата тұру
туралы өкімінің қолданылуы кезеңінде берешек болған кезде, салық төлеушiнiң үшiншi
тұлғалармен өзара есеп айырысуларды жүзеге асыруы арқылы жасалған, салықтардың және
бюджетке төленетiн басқа да мiндеттi төлемдердiң есепке жазылған (есептелген)
сомаларын төлеуден жалтаруы, егер бұл әрекетте қылмыстық жазаланатын іс-әрекет
белгiлерi болмаса, –
жеке тұлғаларға – он бес, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – он бес айлық есептік көрсеткіш мөлшерінде, орта
кәсіпкерлік субъектілеріне жүргізілген есеп айырысулар сомасының – отыз, ірі
кәсіпкерлік субъектілеріне елу пайызы мөлшерiнде айыппұл салуға әкеп соғады.
278-бап. Салықтардың және бюджетке төленетiн басқа да
мiндеттi төлемдердiң сомаларын кемiтiп көрсету
1. Салықтардың және басқа да міндетті төлемдердің сомаларын декларацияда,
есеп-қисапта, тауарларды әкелу және жанама салықтардың төленгені туралы өтініште
кемітіп көрсету, егер осы әрекетте қылмыстық жазаланатын іс-әрекет белгiлерi
болмаса, –
жеке тұлғаларға – он айлық есептiк көрсеткiш мөлшерiнде, жекеше
нотариустарға, жеке сот орындаушыларына, адвокаттарға, шағын кәсіпкерлік
субъектілеріне немесе коммерциялық емес ұйымдарға салықтың және бюджетке төленетiн
басқа да мiндеттi төлемдердiң есепке жазылған сомасының – он бес, орта кәсіпкерлік
субъектілеріне – отыз, ірі кәсіпкерлік субъектілеріне елу пайызы мөлшерiнде айыппұл
салуға әкеп соғады.
2. Салық төлеушiнiң есеп-қисапта ағымдағы төлемдер сомаларын кемітіп
көрсетуi, егер осы әрекетте қылмыстық жазаланатын іс-әрекет белгiлерi болмаса, –
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға, орта
кәсіпкерлік субъектілеріне – ағымдағы төлемдердiң кемiтiп көрсетiлген сомасының
отыз, iрi кәсiпкерлiк субъектiлерiне елу пайызы мөлшерiнде айыппұл салуға әкеп
соғады.
3. Салық кезеңi үшiн iс жүзiнде есептелген корпоративтік табыс салығының
сомасын салық кезеңi iшiнде есептелген аванстық төлемдер сомасынан жиырма пайыздан
астам мөлшерде асыру, егер осы әрекетте қылмыстық жазаланатын іс-әрекет белгiлерi
болмаса, –
ic жүзiндегi салықтың асып кеткен сомасының қырық пайызы мөлшерiнде айыппұл
салуға әкеп соғады.
4. Алып тасталды - ҚР 29.12.2014 № 272-V (01.01.2015 бастап қолданысқа
енгізіледі) Заңымен.
Ескертпелер.
1. Осы баптың бірінші бөлігінің мақсаттары үшін қосылған құн салығының есепке
жазылған сомасы бойынша әкімшілік жаза сомасын айқындау кезінде салық кезеңі үшін
қосылған құн салығын төлеудің белгіленген мерзімі күніне салық төлеушінің жеке шоты
бойынша қосылған құн салығының артық төленген сомасы есепке алынады.
Бір салық кезеңінен артық кезеңге салықтық тексеру болған жағдайда, әрбір
келесі салық кезеңі үшін төлемнің белгіленген мерзімі күніне жеке шот бойынша артық
төленген сома – осы салықтық тексеруге енгізілген алдыңғы салық кезеңдері үшін
қосылған құн салығының есепке жазылған және (немесе) азайтылған сомасы есепке алына
отырып айқындалады.
2. Осы баптың бірінші бөлігінің мақсаттары үшін, егер тұлға тауарларды әкелу
және жанама салықтардың төленгені туралы өтініште жанама салықтардың сомаларын
кемітіп көрсеткені үшін әкімшілік жауаптылыққа жататын болса, мұндай тұлға
импортталған тауарлар бойынша жанама салықтар жөніндегі декларацияда жанама
салықтардың көрсетілген сомаларын кемітіп көрсеткені үшін жеке әкімшілік
жауаптылыққа жатпайды.
3. Осы баптың үшінші бөлігінің мақсаттары үшін, салық кезеңі ішінде Қазақстан
Республикасының салық заңнамасына сәйкес ұсынылуға жататын корпоративтік табыс
салығы бойынша аванстық төлемдердің есеп-қисаптарын ұсынбаған жағдайда да тұлға
әкімшілік жауаптылыққа жатады. Бұл ретте, аванстық төлемдердің есептелген сомасы
нөлге теңестіріледі.
4. Осы баптың үшінші бөлігінің мақсаттары үшін асып кетуді айқындау кезінде
Қазақстан Республикасы Салық кодексінің 335-бабының 3-тармағына және (немесе) 338-
бабы 3-тармағының 1) тармақшасына сәйкес пайдалы қазбаларды өндіру салығына
жүргізілген түзетуге байланысты түзілген асып кету есепке алынбайды.
Ескерту. 278-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
279-бап. Салық агентiнiң салықтарды ұстап қалу және
(немесе) аудару жөнiндегi мiндеттi орындамауы
1. Салық агентінің бюджетке ұстап қалуға және (немесе) аударуға жататын
салықтардың сомаларын Қазақстан Республикасының салық заңнамасында белгіленген
мерзімде ұстап қалмауы немесе толық ұстамауы –
жекеше нотариустарға, жеке сот орындаушыларына, адвокаттарға, шағын
кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – салықтардың және
басқа да мiндеттi төлемдердiң ұсталып қалмаған сомасының – жиырма, орта кәсiпкерлiк
субъектiлерiне – отыз, ірі кәсіпкерлік субъектілеріне елу пайызы мөлшерінде айыппұл
салуға әкеп соғады.
2. Салық агентінің бюджетке аударуға жататын салықтардың ұстап қалынған
сомаларын Қазақстан Республикасының салық заңнамасында белгіленген мерзімде
аудармауы немесе толық аудармауы –
жекеше нотариустарға, жеке сот орындаушыларына, адвокаттарға, шағын
кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – бес, орта
кәсіпкерлік субъектілеріне – он, ірі кәсіпкерлік субъектілеріне жиырма айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
Ескертпе. Салық агенті дербес анықтаған және қосымша салық есептілігінде
көрсетілген салықтардың ұстап қалынған (ұстап қалынуға тиіс) сомалары бойынша,
мемлекеттік кіріс органына қосымша салық есептілігін ұсынған күннен бастап үш жұмыс
күнінен кешіктірмей оларды бюджетке аударған жағдайда, тұлға осы бапта көзделген
әкімшілік жауаптылыққа тартуға жатпайды.
280-бап. Жалған шот-фактура жазып беру
Салық төлеушiнiң жалған шот-фактура жазып беруi –
шағын кәсіпкерлік субъектілеріне отыз бес айлық есептiк көрсеткiш мөлшерiнде,
орта кәсiпкерлiк субъектiлерiне шот-фактураға енгiзiлген қосылған құн салығы
сомасының – бір жүз жиырма, iрi кәсiпкерлiк субъектiлерiне екi жүз пайызы
мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпе. Жалған шот-фактура деп қосылған құн салығы бойынша тіркеу есебінде
тұрмаған төлеушi, сол сияқты жұмыстар орындауды, қызметтер көрсетудi, тауарлар
жөнелтудi іс жүзінде жүргiзбеген тұлға жазған және қосылған құн салығы сомасын
қамтитын шот-фактура танылады.
281-бап. Биоотынды, этил спирті мен алкоголь өнімін
қоспағанда, Қазақстан Республикасының мұнай
өнімдері мен акцизделетін тауарлардың жекелеген
түрлерін өндіруді және олардың айналымын
мемлекеттік реттеу саласындағы заңнамасын бұзу
1. Биоотынды, этил спирті мен алкоголь өнімін қоспағанда, ілеспе
жүкқұжаттарын ресімдеу, мұнай өнімдері мен акцизделетін тауарлардың жекелеген
түрлерін декларациялау қағидаларын бұзу, сол сияқты биоотынды, этил спирті мен
алкоголь өнімін қоспағанда, ілеспе жүкқұжаттарын, сондай-ақ мұнай өнімдері мен
акцизделетін тауарлардың жекелеген түрлерін өндіру және олардың айналымы бойынша
декларацияларды ұсынбау не уақтылы ұсынбау –
жеке тұлғаларға – жиырма, шағын кәсіпкерлік субъектілеріне немесе
коммерциялық емес ұйымдарға – қырық бес, орта кәсіпкерлік субъектілеріне – жетпіс,
ірі кәсіпкерлік субъектілеріне бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекеттер –
жеке тұлғаларға – елу, шағын кәсіпкерлік субъектілеріне – жетпіс бес, орта
кәсіпкерлік субъектілеріне – бір жүз, ірі кәсіпкерлік субъектілеріне екі жүз айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Қазақстан Республикасының темекі өнімдерінің өндірілуі мен айналымын
мемлекеттік реттеу саласындағы заңнамасын:
1) темекі бұйымдарын өндіруді және олардың айналымы саласындағы мәліметтерді
уәкілетті органға ұсынудан бас тарту немесе анық емес ақпаратты беру, сол сияқты
өндіріс паспортына енгізілген өзгерістер мен толықтырулар туралы ақпаратты жазбаша
түрде күнтізбелік отыз күн ішінде бермеу;
2) темекі бұйымдарын лицензияда көрсетілген мекенжайдан басқа орында,
Қазақстан Республикасының заңнамасында белгіленген талаптарға сай келмейтін
жабдықта өндіру;
3) лицензия берілген күннен бастап бір жыл ішінде темекі бұйымдарын өндіру
жөніндегі қызметті жүзеге асырмау түрінде жасалған бұзушылық -
тиісті қызмет түріне лицензияның қолданылуын тоқтата тұрып, шағын кәсіпкерлік
субъектілеріне – бір жүз, орта кәсіпкерлік субъектілеріне – екі жүз, ірі
кәсіпкерлік субъектілеріне жеті жүз айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін
бір жыл ішінде қайталап жасалған іс-әрекеттер –
тиісті қызмет түріне лицензиядан айыра отырып, шағын кәсіпкерлік
субъектілеріне – бір жүз елу, орта кәсіпкерлік субъектілеріне – үш жүз, ірі
кәсіпкерлік субъектілеріне – тоғыз жүз айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
5. Биоотынды, этил спирті мен алкоголь өнімін қоспағанда, мұнай өнімдері мен
акцизделетін тауарлардың жекелеген түрлерін өндіру және (немесе) олардың айналымы
шарттарын:
1) этилдендiрiлген бензиннің және (немесе) қанықпаған мұнай өнiмдерiнің
айналымы, сондай-ақ оларды жеке және (немесе) заңды тұлғалардың одан әрі өңдемей
сақтауы;
2) мұнай өнімдерінің жекелеген түрлерінің ілеспе жүкқұжаттарынсыз айналымы;
3) өндірушілер мен мұнай берушілерді қоспағанда, тұлғалардың мұнай өнімдерін
мұнай өнімдері базаларынан, автожанармай құю станцияларынан тыс орындарда өткізуі;
4) бақылайтын есепке алу аспаптарына салынған пломбаларды алып тастау;
5) Қазақстан Республикасының Үкіметі белгілеген ең төменгі бағалардан төмен
бағаларда темекі бұйымдарының айналымы (экспорттан басқа);
6) мұнай өнiмдерiн жылжымалы үлгiдегi автожанармай құю станцияларынан дала
жұмыстарындағы ауыл шаруашылығы техникасы шоғырланған орындардағы ауыл шаруашылығы
мақсатындағы жерден тыс орындарда өткізу;
7) құрамында металл қосындылары бар (дизель отынына арналған статикаға қарсы
қосындылардан басқа, темір, марганец, қорғасын және басқалары) мұнай өнімдерін жеке
және (немесе) заңды тұлғалардың айналымға салуы;
РҚАО-ның ескертпесі!
8) тармақша 01.01.2016 бастап қолданысқа енгізіледі - ҚР 05.07.2014 № 235-V
Кодексімен.
8) мұнай өнімдерін өндірушілердің, мұнай берушілердің, мұнай өнімдерін
көтерме сауда арқылы берушілердің немесе мұнай өнімдерін бөлшек сауда арқылы
өткізушілердің мұнай өнімдерінің жекелеген түрлерін бақылайтын есепке алу
аспаптарынсыз (БЕА) не БЕА-дан айналып өтіп өткізуі және (немесе) жөнелтуі;
9) мұнай базаларының, резервуардың меншік иелерінің мұнай өнімдерін өткізу
және (немесе) кейіннен өткізу мақсатында сақтау үшін бір уақытта екі және одан да
көп жеке (немесе) заңды тұлғаларға жалға беруі;
10) мұнай өндірушілерден және берушілерден мұнай өнімдерін сатып алатын мұнай
өнімдерін көтерме сауда арқылы берушілердің мұнай өнімдерін бөлшек сауда арқылы
өткізбейтіндерге немесе түпкілікті емес тұтынушыларға мұнай өнімдерін өткізуі
түрінде жасалған бұзушылық –
әкімшілік құқық бұзушылық жасаудың тікелей нысаналары болып табылатын мұнай
өнімдері және (немесе) құқық бұзушылық жасау нәтижесінде алынған кірістер тәркілене
отырып, жеке тұлғаларға – бір жүз елу, шағын кәсіпкерлік субъектілеріне – екі жүз
жиырма бес, орта кәсіпкерлік субъектілеріне – үш жүз елу, ірі кәсіпкерлік
субъектілеріне сегіз жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
6. Осы баптың бесінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекеттер –
әкімшілік құқық бұзушылық жасаудың тікелей нысаналары болып табылатын мұнай
өнімдері және (немесе) құқық бұзушылық жасау нәтижесінде алынған кірістер тәркілене
отырып, жеке тұлғаларға – екі жүз, шағын кәсіпкерлік субъектілеріне – үш жүз, орта
кәсіпкерлік субъектілеріне – төрт жүз, ірі кәсіпкерлік субъектілеріне – бір мың
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
282-бап. Қазақстан Республикасының этил спирті мен
алкоголь өнімін өндіруді және оның айналымын
мемлекеттік реттеу туралы заңнамасын бұзу
1. Этил спиртi мен алкоголь өнiмiн өндіру және оның айналымы жөніндегі
декларацияларды ұсыну қағидаларын, этил спиртiне және (немесе) алкоголь өнiмiне
iлеспе жүкқұжаттарын ресiмдеу және пайдалану қағидаларын бұзу, сол сияқты этил
спиртi мен алкоголь өнiмiн өндiру және оның айналымы жөнiндегi декларацияларды,
сондай-ақ этил спиртi мен алкоголь өнiмiне iлеспе жүкқұжаттарын ұсынбау –
жеке тұлғаларға – жиырма, шағын кәсiпкерлiк субъектiлерiне – отыз бес, орта
кәсiпкерлiк субъектiлерiне – жетпіс, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған iс-әрекеттер – жеке тұлғаларға – елу, шағын
кәсiпкерлiк субъектiлерiне – жетпіс, орта кәсiпкерлiк субъектiлерiне – бір жүз, iрi
кәсiпкерлiк субъектiлерiне екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
3. Этил спиртi мен алкоголь өнiмiнiң айналымы және олардың орнын ауыстыру
шарттарын:
1) алкоголь өнiмiн Қазақстан Республикасының заңдарында белгiленген жерлерден
тыс орындарда сақтау және өткiзу;
2) аралас полимер ыдыстағы, оның iшiнде полиэтиленмен қапталған картон
қаптамадағы және картон қорабына салынған, фольгаланған полиэтилен пакетiндегі, сол
сияқты лас, майысқан, анық сынық белгiлерi бар, зақымдалған тығыны бар
шөлмектердегi, сондай-ақ тұтасымен тұнық емес, жат қоспалары, тұнбасы бар
(коллекциялық шараптардан басқа) алкоголь өнімінің айналымы;
3) алкоголь өнiмiнің (сырадан және күштiлiгi он екi пайыздан кем градусы
төмен ликер-арақ өнімдерінен басқасының) қаңылтыр ыдыстағы, этикеткасы жоқ
шөлмектердегі және пластикалық сауыттардағы айналымы;
4) арақтарды және айрықша арақтарды, күштілігі жоғары ликер-арақ өнімдерін
Қазақстан Республикасының Үкіметі белгілеген ең төмен бөлшек сауда бағасынан
арзанға бөлшек саудада өткізу;
5) екi және одан да көп лицензиаттың алкоголь өнiмiн бiр қойма үй-жайында
сақтауы және көтерме саудада өткiзуі;
РҚАО-ның ескертпесі!
6) тармақша 01.01.2016 бастап қолданысқа енгізіледі - ҚР 05.07.2014 № 235-V
Кодексімен.
6) есепке алу-бақылау таңбаларын қорғау элементтерін айқындайтын және
(немесе) есепке алу-бақылау таңбаларымен таңбалануға жататын алкоголь өнімінің
есепке алу-бақылау таңбаларынан ақпаратты оқи алатын аспаптарсыз сақтау және
өткізу;
7) этил спирті және (немесе) алкоголь өнімінің ілеспе жүкқұжаттарынсыз
айналымы және олардың орнын ауыстыру түрінде жасалған бұзушылық – құқық
бұзушылықтың тiкелей нысанасы болып табылған акцизделетiн тауарлар тәркiлене
отырып, жеке тұлғаларға – елу, шағын кәсiпкерлiк субъектiлерiне – жетпіс бес, орта
кәсiпкерлiк субъектiлерiне – бір жүз елу, iрi кәсiпкерлiк субъектiлерiне – екі жүз,
ірі кәсіпкерлік субъектілері болып табылатын заңды тұлғаларға алты жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Осы баптың үшiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер – құқық бұзушылықтың тiкелей
нысанасы болып табылған акцизделетiн тауарлар тәркiлене отырып, жеке тұлғаларға –
бір жүз, шағын кәсiпкерлiк субъектiлерiне – екі жүз, орта кәсiпкерлiк
субъектiлерiне – екі жүз елу, iрi кәсiпкерлiк субъектiлерiне сегіз жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
5. Этил спиртін және (немесе) алкоголь өнімін өндіру шарттарын:
1) өндірушінің өндіріс паспортына өзгерістер немесе толықтырулар енгізу
туралы ақпаратты жазбаша түрде өндіріс паспортына өзгерістер немесе толықтырулар
енгізілген күннен бастап күнтізбелік отыз күнге дейін бермеу;
РҚАО-ның ескертпесі!
2) тармақша жаңа редакцияда көзделген - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2016 бастап қолданысқа енгізіледі).
2) этил спиртін және (немесе) алкоголь өнімін (қос тотықты көмiртегiмен
қанықтырылғанынан басқа) спирт өлшейтін аппараттарсыз және (немесе) есепке алудың
бақылау аспаптарынсыз не өндіру көлемдері туралы ақпаратты уәкілетті органға
автоматты түрде беруді жүзеге асырмайтын спирт өлшейтін аппараттармен және (немесе)
есепке алудың бақылау аспаптарымен өндіру;
РҚАО-ның ескертпесі!
3) тармақша жаңа редакцияда көзделген - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2016 бастап қолданысқа енгізіледі).
3) этил спиртін және (немесе) алкоголь өнімін (қос тотықты көмiртегiмен
қанықтырылғанынан басқа) ақаулы, сол сияқты есепке алуда нормативтен тыс ауытқулары
бар спирт өлшейтін аппараттармен және (немесе) есепке алудың бақылау аспаптарымен
өндіру;
4) екi және одан да көп лицензиаттың нақ сол бiр стационарлық үй-жайда және
нақ сол бір жабдықпен этил спирті мен алкоголь өнімін өндіру түрінде жасалған
бұзушылық –
тиiстi қызмет түрiне лицензияның қолданылуын тоқтата тұрып, орта кәсiпкерлiк
субъектiлерiне – екі жүз, iрi кәсiпкерлiк субъектiлерiне жеті жүз айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
6. Осы баптың бесiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет –
тиiстi қызмет түрiне лицензиядан айыра отырып, орта кәсiпкерлiк
субъектiлерiне – үш жүз, iрi кәсiпкерлiк субъектiлерiне тоғыз жүз айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
7. Этил спиртiн және (немесе) алкоголь өнiмiн өндiру және олардың айналымы
шарттарын:
1) осындай қызмет бойынша лицензияның қолданылуы тоқтатыла тұрған кезеңде
қызметтi жүзеге асыру;
2) тағамдық емес шикiзаттан өндiрiлген этил спиртiнен алкоголь өнiмiн өндiру
түрiнде жасалған бұзушылық –
тиiстi қызмет түрiне лицензиядан айыра отырып, шағын кәсіпкерлік
субъектілеріне – бір жүз, орта кәсiпкерлiк субъектiлерiне – екі жүз, iрi
кәсiпкерлiк субъектiлерiне жеті жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
8. Жыл сайынғы лицензиялық алымды «Салық және бюджетке төленетін басқа да
міндетті төлемдер туралы» Қазақстан Республикасының Кодексінде (Салық кодексі)
белгіленген мерзімдерде және мөлшерде төлемеу –
тиiстi қызмет түрiне лицензияның қолданылуын тоқтата тұрып, шағын кәсіпкерлік
субъектілеріне – жүз елу, орта кәсiпкерлiк субъектiлерiне – екі жүз, iрi
кәсiпкерлiк субъектiлерiне жеті жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
9. Осы баптың сегізінші бөлігінде көзделген бұзушылықтарды лияцензияның
қолданылуы тоқтатыла тұрған мерзім ішінде жоймау –
тиiстi қызмет түрiне лицензиядан айыра отырып, шағын кәсіпкерлік
субъектілеріне – бір жүз елу, орта кәсiпкерлiк субъектiлерiне – екі жүз, iрi
кәсiпкерлiк субъектiлерiне жеті жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
10. Этил спиртін (коньяк спиртінен басқа), арақтарды және айрықша арақтарды
өндіру кезінде өндіріс қуатын пайдаланудың ең төмен пайызын және өндірістің ең аз
көлемін сақтамау -
тиiстi қызмет түрiне лицензияның қолданылуын тоқтата тұрып, орта кәсiпкерлiк
субъектiлерiне – бес жүз, iрi кәсiпкерлiк субъектiлерiне бір мың айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
11. Осы баптың оныншы бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған iс-әрекет –
тиiстi қызмет түрiне лицензиядан айыра отырып, орта кәсiпкерлiк
субъектiлерiне – бір мың, iрi кәсiпкерлiк субъектiлерiне екі мың айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
12. Алкоголь өнiмiн денсаулық сақтау, білім беру ұйымдарының, дене шынықтыру-
сауықтыру, спорт және спорт-техникалық құрылыстардың, автожанармай құю
станцияларының, сауда рыноктарының, мәдени-демалыс ұйымдарының ғимараттары мен
аумақтарында сақтау және өткізу –
лицензияның қолданылуын тоқтата тұруға әкеп соғады.
13. Осы баптың он екінші бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
лицензиядан айыруға әкеп соғады.
Ескерту. 282-бап жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
283-бап. Шарап материалы мен сыраны қоспағанда,
алкоголь өнімін есепке алу-бақылау таңбаларымен
және темекі бұйымдарын акциздік таңбалармен
таңбалау (қайта таңбалау) қағидаларын бұзу
1. Шарап материалы мен сыраны қоспағанда, өндірушінің немесе импорттаушының
алкоголь өнімін есепке алу-бақылау таңбаларымен және темекі бұйымдарын акциздік
таңбалармен таңбалау (қайта таңбалау) қағидаларын бұзуы –
құқық бұзушылықтың тікелей нысанасы болып табылған акцизделетін тауарлар
тәркілене отырып, сондай-ақ тиісті қызмет түріне лицензиядан айыра отырып, орта
кәсіпкерлік субъектілеріне – екі жүз, ірі кәсіпкерлік субъектілеріне бес жүз айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Акцизделетін өнімді акциздік және (немесе) есепке алу-бақылау
таңбаларынсыз, сол сияқты белгіленбеген үлгідегі және (немесе) сәйкестендіруге
келмейтін таңбалармен сақтау, өткізу және (немесе) тасымалдау түрінде жасалған,
акциздік және (немесе) есепке алу-бақылау таңбаларымен таңбалануға жататын
акцизделетін тауарлардың айналымы –
құқық бұзушылықтың тікелей нысанасы болып табылған акцизделетін тауарлар
тәркілене отырып, сондай-ақ тиісті қызмет түріне лицензиядан айыра отырып, жеке
тұлғаларға – елу, шағын кәсіпкерлік субъектілеріне – бір жүз елу, орта кәсіпкерлік
субъектілеріне – екі жүз, ірі кәсіпкерлік субъектілеріне бес жүз айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
Ескерту. 283-бап жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
284-бап. Бақылау-кассалық машиналарды қолдану тәртiбiн
бұзу
1. Сауда операциялары, қолма-қол ақша арқылы жұмыстарды орындау, қызметтер
көрсету кезінде жүргізілетін ақшалай есеп айырысуды Қазақстан Республикасының
аумағында жүзеге асыру кезінде бақылау-кассалық машиналарды қолданбау, сондай-ақ
ақаулы болып табылатын немесе пайдалану орны бойынша мемлекеттік кіріс органының
есебінде тұрмаған бақылау-кассалық машиналарды қолдану –
ескерту жасауға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер (әрекетсіздік) –
жекеше нотариустарға, жеке сот орындаушыларына, шағын кәсiпкерлiк
субъектiлерiне – он бес, орта кәсiпкерлiк субъектiлерiне – отыз, ірі кәсіпкерлік
субъектілеріне елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Бақылау-кассалық машинаның чегін немесе тауар чегін бермеу не бақылау-
кассалық машинаның чегін немесе тауар чегін тауарға немесе көрсетілетін қызметке
төленген сомадан артық немесе кем сомаға беру –
ескерту жасауға әкеп соғады.
4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін
бір жыл ішінде қайталап жасалған іс-әрекет -
жекеше нотариустарға, жеке сот орындаушыларына, шағын кәсiпкерлiк
субъектiлерiне – жиырма, орта кәсiпкерлiк субъектiлерiне – отыз, ірі кәсіпкерлік
субъектілеріне қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
5. Бақылау-кассалық машинаның тіркеу деректеріне өзгерістер енгізу, қолма-қол
ақшаны есепке алу кітабын немесе тауар чектерінің кітабын ауыстыру (қалпына
келтіру) үшін, сондай-ақ мемлекеттік кіріс органы пломбасының бүтіндігін бұзбай жою
мүмкін емес бақылау-кассалық машинаның техникалық ақауы болған кезде салықтық
өтініш беру мерзімдерін бұзу –
ескерту жасауға әкеп соғады.
6. Осы баптың бесінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекет –
жекеше нотариустарға, жеке сот орындаушыларына, шағын кәсiпкерлiк
субъектiлерiне – отыз, орта кәсiпкерлiк субъектiлерiне – қырық, ірі кәсіпкерлік
субъектілеріне елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
7. Бақылау-кассалық машинаның бақылау чегінде мынадай деректемелердің біреуін
немесе бірнешеуін:
1) салық төлеушінің атауын;
2) сәйкестендіру нөмірін;
3) бақылау-кассалық машинаның зауыттық нөмірін;
4) бақылау-кассалық машинаның мемлекеттік кіріс органындағы тіркелу нөмірін;
5) чектің реттік нөмірін;
6) тауарларды сатып алу, жұмыстарды орындау, қызметтерді көрсету күні мен
уақытын;
7) тауардың, жұмыстың, көрсетілетін қызметтің бағасын және (немесе) сатып алу
сомасын;
8) фискальдық белгіні көрсетпеу не компьютерлік жүйелердің бақылау чегінде
(банктер және банк операцияларының жекелеген түрлерін жүзеге асыратын ұйымдар
қолданатын компьютерлік жүйелерді қоспағанда) осы бөліктің 1) – 7) тармақшаларында
белгіленген бір немесе бірнеше деректемелерді көрсетпеу –
ескерту жасауға әкеп соғады.
8. Осы баптың жетінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекет –
жекеше нотариустарға, жеке сот орындаушыларына, шағын кәсiпкерлiк
субъектiлерiне – жиырма, орта кәсiпкерлiк субъектiлерiне – отыз, ірі кәсіпкерлік
субъектілеріне қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
9. Бақылау-кассалық машинаны пайдалану кезінде қолма-қол ақшаны есепке алу
кітабын толтырмау не ауысымдық есеп көрсеткіштерінің тиісті күнге қолма-қол ақшаны
есепке алу кітабының деректеріне сәйкес келмеуі не қате енгізілген соманы жою
немесе өткізілген тауарлар, орындалған жұмыстар, көрсетілген қызметтер үшін қолма-
қол ақшаны қайтару операцияларын бақылау-кассалық машинада жүзеге асыру кезінде
қолма-қол ақшаны есепке алу кітабында жазба жүргізбеу –
ескерту жасауға әкеп соғады.
10. Осы баптың тоғызыншы бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекет –
жекеше нотариустарға, жеке сот орындаушыларына, шағын кәсiпкерлiк
субъектiлерiне – жиырма, орта кәсiпкерлiк субъектiлерiне – отыз, ірі кәсіпкерлік
субъектілеріне қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
11. Салықтық тексеру барысында анықталған, кассаның ағымдағы жай-күйі туралы
есеп көрсеткіштерінің қолма-қол ақшаны есепке алу кітабында көрсетілген тауарларды
өткізуге, жұмыстарды орындауға, қызметтер көрсетуге байланысты емес, қолма-қол
ақшаны қабылдау және беру сомалары ескеріле отырып, фискальдық есепті алу кезінде
кассадағы қолма-қол ақшаның сомасына сәйкес келмеуі –
ескерту жасауға әкеп соғады.
12. Осы баптың он бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекет -
жекеше нотариустарға, жеке сот орындаушыларына, шағын кәсiпкерлiк
субъектiлерiне – жиырма, орта кәсiпкерлiк субъектiлерiне – отыз, ірі кәсіпкерлік
субъектілеріне қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
13. Ауысымдық есепті, қолма-қол ақшаны есепке алу кітабын, тауар чектерін,
бақылау-кассалық машинаның тіркеу карточкасын жою немесе қайтару чегін, сондай-ақ
жою немесе қайтару операциясы сол бойынша жүргізілген бақылау чегін сақтаудың
Қазақстан Республикасының салық заңнамасында белгіленген мерзімдерін бұзу –
ескерту жасауға әкеп соғады.
14. Осы баптың он үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекет -
жекеше нотариустарға, жеке сот орындаушыларына, шағын кәсiпкерлiк
субъектiлерiне – жиырма, орта кәсiпкерлiк субъектiлерiне – отыз, ірі кәсіпкерлік
субъектілеріне қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
15. Қате енгізілген соманы жою немесе өткізілген тауарлар, орындалған
жұмыстар, көрсетілген қызметтер үшін қолма-қол ақшаны қайтару операцияларын,
өткізілген тауарларға, орындалған жұмыстарға, көрсетілген қызметтерге бақылау
чегінің түпнұсқасынсыз бақылау-кассалық машинада жүргізу –
ескерту жасауға әкеп соғады.
16. Осы баптың он бесінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
жекеше нотариустарға, жеке сот орындаушыларына, шағын кәсiпкерлiк
субъектiлерiне – отыз, орта кәсiпкерлiк субъектiлерiне – қырық, ірі кәсіпкерлік
субъектілеріне елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
17. Мемлекеттік кіріс органы пломбасының бүтіндігін бұзбай жою мүмкін емес
бақылау-кассалық машинаның техникалық ақауы жойылғаннан кейін пломба орнату үшін
бақылау-кассалық машинаны мемлекеттік кіріс органына ұсыну мерзімін бұзу –
ескерту жасауға әкеп соғады.
18. Осы баптың он жетінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
жекеше нотариустарға, жеке сот орындаушыларына, шағын кәсiпкерлiк
субъектiлерiне – отыз, орта кәсiпкерлiк субъектiлерiне – қырық, ірі кәсіпкерлік
субъектілеріне елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
285-бап. Банктердiң және банк операцияларының жекелеген
түрлерiн жүзеге асыратын ұйымдардың Қазақстан
Республикасының салық заңнамасында белгiленген
мiндеттердi орындамауы
1. Банктердiң және банк операцияларының жекелеген түрлерiн жүзеге асыратын
ұйымдардың Қазақстан Республикасының салық заңнамасында белгiленген мiндеттердi:
1) мемлекеттік кіріс органдарының, резидент еместі қоса алғанда, салық
төлеушi – заңды тұлғаға, оның құрылымдық бөлімшелеріне, дара кәсіпкер, жекеше
нотариус, жеке сот орындаушысы, адвокат ретінде тіркеу есебінде тұрған жеке
тұлғаға, шетелдікке немесе азаматтығы жоқ адамға хабарламалардың кепілді
жеткізілімін қамтамасыз ететін ақпараттық-коммуникациялық желі бойынша беру арқылы
банк шотын ашқаны туралы олар ашылғаннан кейінгі бір жұмыс күнінен кешіктірмей не
хабарламаны қағаз жеткізгіште жіберген кезде – үш жұмыс күні ішінде хабарламау;
2) клиенттердің төлем құжаттарындағы (вексельді және банктің қолма-қол ақша
қабылдауы және беруі соның негізінде жүргізілетін төлем құжаттарын қоспағанда)
сәйкестендіру нөмірінсіз банк шоттары бойынша операциялар жүргiзу;
3) салық төлеушiнің салықтарды және бюджетке төленетін басқа да міндетті
төлемдерді төлеу тапсырмасын, салықтарды, басқа да міндетті төлемдерді, өсiмпұлдар
мен айыппұлдар өндіріп алу туралы мемлекеттік кіріс органдарының инкассолық
өкімдерін – салық төлеушінің не мемлекеттік кіріс органдарының нұсқауын алған
күннен кейінгі бір операциялық күннен кешіктірмей, бірінші кезектегі тәртіппен
орындамауы;
4) дара кәсіпкер, жекеше нотариус, жеке сот орындаушысы, адвокат ретінде
тіркеу есебінде тұрған жеке тұлғаның, заңды тұлғаның, заңды тұлғаның құрылымдық
бөлімшесінің, қызметін Қазақстан Республикасының заңдарында белгіленген тәртіппен
Қазақстан Республикасында тұрақты мекеме арқылы жүзеге асыратын резидент емес –
заңды тұлғаның құрылымдық бөлімшесінің банк шоттарында (корреспонденттікті
қоспағанда) мемлекеттік кіріс органдарының өкімінде көрсетілген салық берешегі
сомасының шегінде шығыс операцияларын сондай өкім бойынша тоқтата тұрмау;
5) есепті тоқсан ішінде шартты банк салымында орналастырылған ақшаның
қозғалысы туралы есепті, ақшаның осындай қозғалысы бар болған кезде, уәкілетті
орган белгілеген нысан бойынша мемлекеттік кіріс органына Қазақстан Республикасының
салық заңнамасында белгіленген мерзім ішінде ұсынбау;
6) өз клиентінде осы банкте ашылған, мемлекеттік кіріс органдары инкассолық
өкімдер немесе салық төлеушінің банктік шоттары бойынша шығыс операцияларын тоқтата
тұру туралы өкімдер қойған, банктік шоты болған кезде оған жаңа банктік шот ашу;
7) жұмыс істемейтін салық төлеушіге банк шотын ашу түрінде орындамауы –
банктің Қазақстан Республикасының салық заңнамасында белгіленген міндеттерді
орындамаған кезеңі ішінде салық төлеушiлердiң банк шоттары бойынша жасалған шығыс
операциялары сомасының бес пайызы мөлшерiнде айыппұл салуға әкеп соғады.
2. Банктердiң және банк операцияларының жекелеген түрлерiн жүзеге асыратын
ұйымдардың шартты банк салымы туралы шарттар бойынша орналастырылған, бюджетке
төленетін салықтар сомаларын аудармауы немесе уақтылы аудармауы -
шартты банк салымында орналастырылған, аударылмаған немесе уақтылы
аударылмаған салық және бюджетке төленетін басқа да міндетті төлем сомасының елу
пайызы мөлшерiнде айыппұл салуға әкеп соғады.
3. Банктердiң және банк операцияларының жекелеген түрлерiн жүзеге асыратын
ұйымдардың салық заңнамасында белгіленген міндеттерді:
1) мемлекеттік кіріс органдарының салық төлеушi – заңды тұлғаға, резидент
еместі қоса алғанда, оның құрылымдық бөлімшелеріне, дара кәсіпкер, жекеше нотариус,
жеке сот орындаушысы, адвокат ретінде тіркеу есебінде тұрған жеке тұлғаға,
шетелдікке немесе азаматтығы жоқ тұлғаға хабарламалардың кепілдік берілген
жеткізілімін қамтамасыз ететін ақпараттық-коммуникациялық желі бойынша беру арқылы
банк шотын жабу туралы ол ашылғаннан кейінгі бір жұмыс күнінен кешіктірмей не
хабарламаны қағаз жеткізгіште жіберген кезде – үш жұмыс күні ішінде хабарламау;
2) салықтарды және бюджетке төленетін басқа да міндетті төлемдерді,
әлеуметтік аударымдарды төлеу, міндетті зейнетақы жарналарын және міндетті кәсіптік
зейнетақы жарналарын аудару үшін төлем құжаттарын дұрыс көрсетілмеген сәйкестендіру
нөмірімен қабылдау;
3) көлік құралына салықты төлеу үшін төлем құжаттарын көлік құралының дұрыс
көрсетілмеген сәйкестендіру нөмірімен қабылдау;
4) уәкілетті органның берiлген кредит (қарыз) бойынша сыйақы түріндегі
кірісті мойындауды тоқтату кезінде дара кәсіпкер ретінде тіркеу есебінде тұрған
жеке тұлғаны немесе заңды тұлғаны сыйақы есептеуді тоқтата тұру туралы есептi салық
кезеңiнен кейiнгi жылдың 31 наурызынан кешiктiрмей хабардар етпеуі;
5) салық және бюджетке төленетін басқа да міндетті төлемдер сомаларын,
міндетті зейнетақы жарналарын және міндетті кәсіптік зейнетақы жарналарын,
әлеуметтік аударымдарды аудармау (есебіне жатқызбау), уақтылы аудармау (есебіне
жатқызбау) не банкке немесе бюджет жүйесінің кассалық орындауын жүзеге асыратын
басқа да ұйымға салық және бюджетке төленетін басқа да міндетті төлемдер сомаларын,
өсімпұлдарды, айыппұлдарды аудару кезінде банктің немесе банк операцияларының
жекелеген түрлерін жүзеге асыратын ұйымның кінәсінан төлем құжатындағы
деректемелерді толтыру кезінде қате жіберу;
6) дара кәсіпкер, жекеше нотариус, жеке сот орындаушысы, адвокат ретінде
тіркеу есебінде тұрған тексерілетін жеке тұлғаның немесе заңды тұлғаның ақшасының
бар-жоғын және банк шоттары бойынша жасалатын операцияларын тексеруге мемлекеттік
кіріс органдарының лауазымды адамын жібермеу;
7) мемлекеттік кіріс органын қарыз алушы салық төлеушіде міндеттемелерді
есептен шығарудан табыс пайда болғаны туралы дара кәсіпкер ретінде тіркеу есебінде
тұрған жеке тұлға немесе заңды тұлға болып табылатын қарыз алушының берiлген
кредиттер (қарыздар) бойынша мiндеттемелерiн есептен шығарған күннен бастап
күнтізбелік отыз күн ішінде хабардар етпеу;
8) мемлекеттік кіріс органының сұрау салуын алған күннен бастап он жұмыс күні
ішінде банк шоттарының бар-жоғы және нөмірлері туралы, осы шоттардағы ақша қалдығы
және қозғалысы туралы мәліметтерді ұсынбау түрінде орындамауы –
отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
Ескерту. 285-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
286-бап. Банк операциялары туралы көрiнеу жалған
мәлiметтер ұсыну
Банктердiң және банк операцияларының жекелеген түрлерiн жүзеге асыратын
ұйымдардың заңды немесе жеке тұлғалардың банк шоттары бойынша операциялар туралы
көрiнеу жалған мәлiметтер ұсынуы, сол сияқты осы банктiң iс жүзiндегi қаржылық жай-
күйiмен көрiнеу қамтамасыз етiлмеген кепілгерліктер, кепiлдiктер және өзге де
мiндеттемелер беруi, егер бұл әрекеттер жеке немесе заңды тұлғаға не мемлекетке iрi
залал келтiруге әкеп соқпаса, –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпе. Құқық бұзушылық жасалған кезде екі мың айлық есептiк көрсеткiш
мөлшерiнен асатын сома – жеке тұлғаға, жиырма мың айлық есептiк көрсеткiш
мөлшерiнен асатын сома заңды тұлғаға келтiрiлген залалдың iрi мөлшерi деп танылады.
287-бап. Кеден одағында тауарларды экспорттау мен
импорттау, жұмыстарды орындау, қызметтерді
көрсету кезінде салық төлеушілердің Қазақстан
Республикасының салық заңнамасында белгіленген
міндеттерді орындамауы, сондай-ақ тұлғалардың
Қазақстан Республикасының заңнамасында
белгіленген талаптарды орындамауы
1. Қазақстан Республикасының салық заңнамасында белгіленген мерзімде жанама
салықтарды төлемеу, толық төлемеу не уақтылы төлемеу –
жеке тұлғаларға – орындалмаған салық міндеттемесі сомасының жиырма пайызы,
бірақ кемінде он айлық есептік көрсеткіш мөлшерінде, жекеше нотариустарға,
адвокаттарға, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға –
орындалмаған салық міндеттемесі сомасының отыз пайызы, бірақ кемінде жиырма айлық
есептік көрсеткіш мөлшерінде, орта кәсіпкерлік субъектілеріне – орындалмаған салық
міндеттемесі сомасының қырық пайызы, бірақ кемінде отыз айлық есептік көрсеткіш
мөлшерінде, iрi кәсiпкерлiк субъектiлерiне орындалмаған салық міндеттемесі
сомасының елу пайызы, бірақ кемінде екі жүз елу айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
2. Салық төлеушінің мемлекеттік кіріс органына Қазақстан Республикасының
салық заңнамасында көзделген өңдеу өнімдерін әкелу (әкету) туралы міндеттемелерді
ұсынбауы және оларды орындамауы –
жеке тұлғаларға – елу, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – бір жүз, орта кәсiпкерлiк субъектiлерiне – бір жүз елу, iрi
кәсiпкерлiк субъектiлерiне – екi жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
3. Мемлекеттік кіріс органдарын мынадай жағдайларда:
1) әкелінген тауарлардың қасиеттері мен сипаттарын өзгертпей кейіннен
Қазақстан Республикасының аумағынан әкетілетін тауарларды Кеден одағына мүше
мемлекеттердің аумағынан Қазақстан Республикасының аумағына уақытша әкелу кезінде;
2) әкетілген тауарлардың қасиеттері мен сипаттарын өзгертпей кейіннен
Қазақстан Республикасының аумағына әкелінетін тауарларды Қазақстан Республикасының
аумағынан Кеден одағына мүше мемлекеттердің аумағына уақытша әкету кезінде хабардар
етпеу не уақтылы хабардар етпеу –
жеке тұлғаларға – елу, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – бір жүз, орта кәсiпкерлiк субъектiлерiне – бір жүз елу, iрi
кәсiпкерлiк субъектiлерiне екi жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
4. Қазақстан Республикасының аумағынан Кеден одағына мүше мемлекеттің
аумағына әкетілген, сондай-ақ Кеден одағына мүше мемлекеттің аумағынан Қазақстан
Республикасының аумағына әкелінген алыс-беріс шикізатын өңдеудің Қазақстан
Республикасының салық заңнамасында белгіленген мерзімдерін бұзу –
шағын кәсiпкерлiк субъектiлерiне – есепке жазылған салықтар сомасының он бес
пайызы, орта кәсiпкерлiк субъектiлерiне – отыз пайызы, iрi кәсiпкерлiк
субъектiлерiне елу пайызы мөлшерiнде айыппұл салуға әкеп соғады.
5. Көрме-жәрмеңкелік сауданы ұйымдастырушының осындай сауданы өткізу туралы
хабардар етпеуі не уақтылы хабардар етпеуі –
шағын кәсiпкерлiк субъектiлерiне – бір жүз жиырма, орта кәсiпкерлiк
субъектiлерiне – екі жүз елу, iрi кәсiпкерлiк субъектiлерiне бес жүз айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
6. Ұйымдастырушының көрме-жәрмеңкелiк сауданы ұйымдастыру тәртібін бұзуы –
шағын кәсiпкерлiк субъектiлерiне – бір жүз жиырма бес, орта кәсiпкерлiк
субъектiлерiне – екі жүз елу, iрi кәсiпкерлiк субъектiлерiне – бес жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
7. Кеден одағына мүше мемлекеттің аумағынан әкелінген акцизделетін
тауарларды алған күні туралы хабарламаны Қазақстан Республикасының заңнамасына
сәйкес осындай хабарламаны ұсынуға міндетті тұлғалардың орналасқан (тұрғылықты)
жері бойынша мемлекеттік кіріс органдарына ұсынбауы –
жеке тұлғаларға – бір жүз, шағын кәсiпкерлiк субъектiлерiне – екі жүз, орта
кәсiпкерлiк субъектiлерiне – үш жүз, iрi кәсiпкерлiк субъектiлерiне бес жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпе. Осы баптың бірінші бөлігінің мақсаты үшін, егер тұлға Кеден одағына
мүше мемлекеттердің аумағынан Қазақстан Республикасының аумағына импортталған
тауарларды есепке қабылдамағаны үшін, осы Кодекстің 275-бабында көзделген әкімшілік
жауаптылыққа тартылуға тиіс болған жағдайда, мұндай тұлға осы баптың бірінші
бөлігінде көзделген әкімшілік жауаптылыққа тартылуға жатпайды.
288-бап. Мемлекеттік кіріс органдары мен олардың
лауазымды адамдарының заңды талаптарын
орындамау
Ескерту. Тақырып жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
1. Салық төлеушінің мемлекеттік кіріс органдары мен олардың лауазымды
адамдарының заңды талаптарын орындамауы –
сегiз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер (әрекетсіздік) –
он бec айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Салық төлеушi кәсiпкерлiк қызмет үшiн пайдаланатын аумаққа немесе үй-жайға
(тұрғын үй-жайлардан басқа) салықтық тексерудi жүргiзетін мемлекеттік кіріс
органының лауазымды адамының кiруiне заңсыз кедергi келтiру –
қырық бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Осы баптың үшiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер (әрекетсіздік) –
алпыс айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
Ескерту. 288-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
17-тарау. ЭНЕРГИЯ ҮНЕМДЕУ ЖӘНЕ ЭНЕРГИЯ ТИІМДІЛІГІН АРТТЫРУ
САЛАСЫНДАҒЫ ӘКІМШІЛІК ҚҰҚЫҚ БҰЗУШЫЛЫҚТАР
289-бап. Электр желілеріндегі қуат коэффициентінің
нормативтік мәндерін сақтамау және энергия
тұтынудың нормативтерін асыру
1. Электр желілеріндегі қуат коэффициентінің нормативтік мәндерін сақтамау –
шағын кәсiпкерлiк субъектiлерiне ескерту жасауға, орта кәсiпкерлiк
субъектiлерiне – он, iрi кәсiпкерлiк субъектiлерiне екі жүз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Энергия тұтынудың нормативтерін асыру –
шағын кәсіпкерлік субъектілеріне ескерту жасауға, орта кәсiпкерлiк
субъектiлерiне – құқық бұзушылық болған, бірақ бір жылдан аспайтын кезеңде
бекітілген нормативтерден астам пайдаланылған энергетикалық ресурстар құнының бес,
ірі кәсіпкерлік субъектілеріне он бес пайызы мөлшерінде айыппұл салуға әкеп соғады.
3. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекет –
шағын кәсiпкерлiк субъектiлерiне – он, орта кәсiпкерлiк субъектiлерiне –
жиырма, iрi кәсiпкерлiк субъектiлерiне төрт жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
4. Осы баптың екінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін
бір жыл ішінде қайталап жасалған іс-әрекет –
шағын кәсіпкерлік субъектілеріне – құқық бұзушылық болған, бірақ бір жылдан
аспайтын кезеңде бекітілген нормативтерден астам пайдаланылған энергетикалық
ресурстар құнының бес, орта кәсiпкерлiк субъектiлерiне – он, ірі кәсіпкерлік
субъектілеріне отыз пайызы мөлшерінде айыппұл салуға әкеп соғады.
Ескертпе. Энергетикалық ресурстардың құны құқық бұзушылық анықталған кездегі
нарықтық баға негізінде айқындалады.
290-бап. Энергетикалық ресурстарды, суды өндіруді және
беруді жүзеге асыру кезінде олардың тікелей
ысырабына жол бермеу жөніндегі міндетті
орындамау
1. Энергетикалық ресурстарды, суды өндіруді және беруді жүзеге асыру кезінде
жабдықтың, арматураның ақауы болуына, құбыржолдарды жылу сақтағышсыз пайдалануға
немесе энергия тұтыну жабдығының жұмыс режимін сақтамауға байланысты олардың
тікелей ысырабына жол бермеу жөніндегі міндетті орындамау –
шағын кәсiпкерлiк субъектiлерiне – он, орта кәсiпкерлiк субъектiлерiне –
жиырма, iрi кәсiпкерлiк субъектiлерiне екі жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекет –
шағын кәсiпкерлiк субъектiлерiне – жиырма, орта кәсiпкерлiк субъектiлерiне –
қырық, iрi кәсiпкерлiк субъектiлерiне төрт жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
291-бап. Энергетикалық ресурстарды есепке алатын тиісті
аспаптармен және жылу тұтынуды реттеудің
автоматтандырылған жүйелерімен
жарақтандырылмаған, энергетикалық ресурстарды
тұтынатын жаңа объектілерді пайдалануға қабылдау
1. Энергетикалық ресурстарды есепке алатын тиісті аспаптармен және жылу
тұтынуды реттеудің автоматтандырылған жүйелерімен жарақтандырылмаған, энергетикалық
ресурстарды тұтынатын жаңа объектілерді пайдалануға қабылдау –
лауазымды адамдарға – жиырма айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекет -
лауазымды адамдарға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
Ескертпелер.
1. Осы бапта лауазымды адамдар деп объектіні пайдалануға беру туралы актіге
қол қойған адамдарды түсіну керек.
2. Лауазымды адамдар жылу тұтынуды реттеудің автоматтандырылған жүйелерімен
жарақтандырылмаған және жылу энергиясын сағат бойынша орташа тұтынуы кемінде 50
кВт-ты құрайтын (жылу энергиясы, жылыту, желдету, кондиционерлеу және ыстық сумен
жабдықтау шығыстарын қоса алғанда) жаңа объектілерді пайдалануға беру
жағдайларында, осы баптың бірінші және екінші бөліктерінде көзделген құқық
бұзушылықтар жасағаны үшін әкімшілік жауаптылыққа тартылуға жатпайды.
292-бап. Мемлекеттік энергетикалық тізілім
субъектілерінің Мемлекеттік энергетикалық
тізілімге енгізілетін ақпаратты ұсыну жөніндегі
міндетті, энергетикалық ресурстарды және суды
тұтыну көлемін өнімнің, үйлердің, құрылыстар
мен ғимараттардың алаңы бірлігіне энергия
аудиті қорытындылары бойынша белгіленген шамаға
дейін міндетті түрде жыл сайын төмендету туралы
талапты бұзуы
Ескерту. 292-баптың тақырыбы жаңа редакцияда - ҚР 14.01.2015 № 279-V Заңымен
(алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа
енгiзiледi).
1. Мемлекеттік энергетикалық тізілім субъектілерінің Мемлекеттік
энергетикалық тізілімге енгізілетін ақпаратты ұсыну жөніндегі міндетті,
энергетикалық ресурстарды және суды тұтыну көлемін өнімнің, үйлердің, құрылыстар
мен ғимараттардың алаңы бірлігіне энергия аудиті қорытындылары бойынша белгіленген
шамаға дейін міндетті түрде жыл сайын төмендету туралы талапты энергия аудитінен
өткеннен кейін бес жыл ішінде бұзуы –
шағын кәсiпкерлiк субъектiлерiне – он, орта кәсiпкерлiк субъектiлерiне –
жиырма, iрi кәсiпкерлiк субъектiлерiне екі жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекет –
шағын кәсiпкерлiк субъектiлерiне – жиырма, орта кәсiпкерлiк субъектiлерiне –
қырық, iрi кәсiпкерлiк субъектiлерiне төрт жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
Ескерту. 292-бапқа өзгеріс енгізілді - ҚР 14.01.2015 № 279-V Заңымен (алғашқы
ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа
енгiзiледi).
293-бап. Мемлекеттік энергетикалық тізілім
субъектілерінің міндетті энергия аудитінен
өтуден жалтаруы не оны жүргізуге кедергі
келтіруі
1. Мемлекеттік энергетикалық тізілім субъектілерінің міндетті энергия
аудитінен өтуден жалтаруы не оны жүргізуге кедергі келтіруі –
шағын кәсiпкерлiк субъектiлерiне – бес, орта кәсiпкерлiк субъектiлерiне – он,
iрi кәсiпкерлiк субъектiлерiне екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекет –
шағын кәсiпкерлiк субъектiлерiне – он, орта кәсiпкерлiк субъектiлерiне –
жиырма, iрi кәсiпкерлiк субъектiлерiне төрт жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
294-бап. Энергия үнемдеу және энергия тиімділігін
арттыру саласында өнімді сату және пайдалану
жөніндегі шектеулерді бұзу
Ескерту. 294-баптың тақырыбы жаңа редакцияда - ҚР 14.01.2015 № 279-V Заңымен
(алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа
енгiзiледi).
1. Жарық беру мақсатында ауыспалы ток тізбектерінде пайдаланылуы мүмкін,
қуаты 25 Вт және одан да жоғары электр қыздыру шамдарын сату және пайдалану –
жарық беру мақсатында ауыспалы ток тізбектерінде пайдаланылуы мүмкін, қуаты
25 Вт және одан жоғары электр қыздыру шамдары тәркілене отырып, жеке тұлғаларға –
он, шағын кәсiпкерлiк субъектiлерiне – жиырма, орта кәсiпкерлiк субъектiлерiне –
қырық, iрi кәсiпкерлiк субъектiлерiне – бір жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекеттер –
жарық беру мақсатында ауыспалы ток тізбектерінде пайдаланылуы мүмкін, қуаты
25 Вт және одан жоғары электр қыздыру шамдары тәркілене отырып, жеке тұлғаларға –
жиырма, шағын кәсiпкерлiк субъектiлерiне – қырық, орта кәсiпкерлiк субъектiлерiне –
сексен, iрi кәсiпкерлiк субъектiлерiне – екі жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
3. Кеден одағының техникалық регламентіне сәйкес техникалық құжаттамасында
және этикеткаларында энергия тиімділігінің сыныбы мен сипаттамалары туралы ақпарат
қамтылмаған энергия тұтынатын құрылғыларды сату және (немесе) пайдалану –
шағын кәсiпкерлiк субъектiлерiне – үш, орта кәсiпкерлiк субъектiлерiне –
алты, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекеттер –
шағын кәсiпкерлiк субъектiлерiне – алты, орта кәсiпкерлiк субъектiлерiне – он
екі, iрi кәсiпкерлiк субъектiлерiне екі жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
Ескерту. 294-бапқа өзгеріс енгізілді - ҚР 14.01.2015 № 279-V Заңымен (алғашқы
ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа
енгiзiледi).
295-бап. Мемлекеттік энергетикалық тізілім
субъектілерінің энергия менеджменті жүйесін
құру, енгізу және оның жұмысын ұйымдастыру
жөніндегі міндетті орындамауы
Ескерту. 295-бап алып тасталды - ҚР 14.01.2015 № 279-V Заңымен (алғашқы ресми
жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi).
296-бап. Қазақстан Республикасының энергия үнемдеу және
энергия тиімділігін арттыру туралы заңнамасында
белгіленген энергия аудитін жүргізу тәртібін,
оқу орталықтарының қызмет тәртібін сақтамау
Ескерту. 296-баптың тақырыбы жаңа редакцияда - ҚР 14.01.2015 № 279-V Заңымен
(алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа
енгiзiледi).
1. Қазақстан Республикасының энергия үнемдеу және энергия тиімділігін арттыру
туралы заңнамасында белгіленген энергия аудитін жүргізу тәртібін, оқу
орталықтарының қызмет тәртібін сақтамау –
шағын кәсіпкерлік субъектілеріне – он, орта кәсіпкерлік субъектілеріне – он
бес, ірі кәсіпкерлік субъектілеріне сексен айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекет –
аккредиттеу туралы куәліктің қолданылуын тоқтата тұрып, шағын кәсіпкерлік
субъектілеріне – он бес, орта кәсіпкерлік субъектілеріне – отыз, ірі кәсіпкерлік
субъектілеріне бір жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
Ескерту. 296-бапқа өзгеріс енгізілді - ҚР 14.01.2015 № 279-V Заңымен (алғашқы
ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа
енгiзiледi).
18-тарау. ӨНЕРКӘСІП, ЖЫЛУ, ЭЛЕКТР ЖӘНЕ АТОМ ЭНЕРГИЯСЫН
ПАЙДАЛАНУ САЛАСЫНДАҒЫ ӘКІМШІЛІК ҚҰҚЫҚ БҰЗУШЫЛЫҚТАР 297-бап. Жарылғыш материалдармен, радиоактивтi және өзге
де экологиялық қауiптi заттармен жұмыс істеу
кезінде қауіпсіздік талаптарын бұзу
1. Осы Кодекстің 416-бабында көзделген жағдайларды қоспағанда, жарылғыш
материалдарды, пиротехникалық заттарды, радиоактивтi, бактериологиялық, химиялық
және өзге де экологиялық қауiптi заттар мен өнеркәсiп салаларындағы және қадағалау
органдарының бақылауындағы объектiлердегi қалдықтарды өндiру, сақтау, көму, жою,
пайдалану, кәдеге жарату, тасымалдау немесе өзге де жұмыстар істеу кезінде
қауіпсіздік талаптарын бұзу, егер осы әрекеттерде қылмыстық жазаланатын іс-әрекет
белгілері болмаса –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – отыз, орта кәсiпкерлiк субъектiлерiне – елу, iрi кәсiпкерлiк
субъектiлерiне бір жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп
соғады.
2. Осы Кодекстің 416-бабында көзделген жағдайларды қоспағанда, ядролық
материалдарды, радиоактивті заттарды, ядролық емес арнаулы материалдарды және
ядролық қызметке қатысы бар қос мақсаттағы бұйымдарды өндiрудiң, сақтаудың,
көмудiң, пайдаланудың, кәдеге жаратудың, тасымалдаудың немесе өзге де жұмыс
істеудің белгiленген қағидаларын бұзу –
жеке тұлғаларға – жиырма, шағын кәсiпкерлiк субъектiлерiне - алпыс, орта
кәсiпкерлiк субъектiлерiне – бір жүз, iрi кәсiпкерлiк субъектiлерiне екi жүз айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
298-бап. Жұмыстарды қауiпсiз жүргiзу жөнiндегi
қағидаларды бұзу
1. Өнеркәсiп, тау-кен және құрылыс жұмыстары салаларында не азаматтық қорғау
саласындағы уәкiлеттi органның және басқа да мемлекеттiк бақылау және қадағалау
органдарының бақылауындағы объектiлерде жұмыстарды қауiпсiз жүргiзу жөнiндегi
белгiленген талаптарды бұзу, егер бұл абайсызда адам денсаулығына ауыр немесе
ауырлығы орташа зиян келтiруге әкеп соқпаса, –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – отыз, орта кәсiпкерлiк субъектiлерiне – елу, iрi кәсiпкерлiк
субъектiлерiне бiр жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
2. Қауіпті өндірістік объектілерді салу, реконструкциялау, жаңғырту, жою
жобаларын әзірлеу кезінде өнеркәсіптік қауіпсіздік талаптарын бұзу –
жеке тұлғаларға – жиырма, шағын кәсiпкерлiк субъектiлерiне – қырық бес, орта
кәсiпкерлiк субъектiлерiне – жетпіс, iрi кәсiпкерлiк субъектiлерiне бір жүз елу
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
3. Қауіпті өндірістік объектідегі авария, оқыс оқиға фактісін жасыру –
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – бір
жүз, орта кәсiпкерлiк субъектiлерiне – бір жүз елу, iрi кәсiпкерлiк субъектiлерiне
екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін
бір жыл ішінде қайталап жасалған әрекет (әрекетсіздік) –
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – екі
жүз, орта кәсiпкерлiк субъектiлерiне – үш жүз, iрi кәсiпкерлiк субъектiлерiне төрт
жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
299-бап. Өнеркәсіптік қауіпсіздік және бөгеттердiң
қауiпсiздiгi саласындағы аттестатталатын жұмыс
түрлерін жүргізу кезінде Қазақстан
Республикасының заңнамасын бұзу
1. Өнеркәсіптік қауіпсіздік және бөгеттердiң қауiпсiздiгi саласындағы
аттестатталатын жұмыс түрлерін жүргізу кезінде Қазақстан Республикасының
заңнамасын:
1) өнеркәсіптік қауіпсіздік саласында жүргізілген сараптамалардың нәтижелері
бойынша сараптама объектісінің сәйкестігі (сәйкессіздігі) туралы толық емес және
(немесе) анық емес ақпаратты қамтитын сараптама қорытындысын, оның ішінде жарылыс
жұмыстары саласында беру;
2) өнеркәсіптік қауіпсіздік талаптарына сәйкес келмейтін қауіпті өндірістік
объектілердің өнеркәсіптік қауіпсіздік декларацияларын әзірлеу;
3) қауіпті өндірістік объектілердің мамандарын, қызметкерлерін даярлаудың,
қайта даярлаудың Қазақстан Республикасының азаматтық қорғау туралы заңнамасының
талаптарына сәйкес келмеуі;
4) газ тұтыну жүйелерінің жарамды күйін қамтамасыз етпей оларға техникалық
қызмет көрсетуді жүргізу;
5) Қазақстан Республикасының су заңнамасында белгiленген талаптарға
сәйкестiгi (сәйкес еместiгi) туралы толық емес және (немесе) анық емес ақпаратты
қамтитын сараптама қорытындыларын беру, бөгеттердiң қауiпсiздiгi декларацияларын
әзiрлеу түрінде жасалған бұзушылық –
аттестаттың қолданысын тоқтата тұрып не онсыз, шағын кәсiпкерлiк
субъектiлерiне – он, орта кәсiпкерлiк субъектiлерiне – жиырма, iрi кәсiпкерлiк
субъектiлерiне бір жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп
соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет, сол сияқты осы баптың бірінші
бөлігінде көзделген бұзушылықтарды жоймау –
шағын кәсiпкерлiк субъектiлерiне – жиырма, орта кәсiпкерлiк субъектiлерiне –
қырық, iрi кәсiпкерлiк субъектiлерiне екі жүз айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
300-бап. Электр станциялары мен желілерін техникалық
пайдаланудың, электр станциялары мен жылу
желілерінің жылу-механикалық жабдығын пайдалану
кезіндегі қауіпсіздік техникасының,
тұтынушылардың электр қондырғыларын техникалық
пайдаланудың бекітілген қағидаларын бұзу,
сондай-ақ энергия тұтынудың белгіленген
режимдерін бұзу
Авария, қоршаған ортаның ластануы, өрт қатерін немесе қызмет көрсетушi
персоналдың өмiрiне қауiп төндіретін жай-күйге әкеп соққан, электр станциялары мен
желілерін техникалық пайдаланудың, электр станциялары мен жылу желілерінің жылу-
механикалық жабдығын пайдалану кезіндегі қауіпсіздік техникасының, тұтынушылардың
электр қондырғыларын техникалық пайдаланудың бекітілген қағидаларын бұзу, сондай-ақ
басқа да энергия тұтынушыларды шектеуге және (немесе) одан ажыратуға әкеп соққан
энергия тұтынудың белгiленген режимдерiн бұзу –
жеке тұлғаларға – он бес, шағын кәсiпкерлiк субъектiлерiне – елу бес, орта
кәсiпкерлiк субъектiлерiне – бір жүз, iрi кәсiпкерлiк субъектiлерiне екі жүз айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
301-бап. Әзірлік паспортын алу мерзімін бұзу
1. Энергия өндіруші, энергия беруші ұйымдардың күзгі-қысқы жағдайларда
жұмысқа әзірлік паспортын алу мерзімін бұзуы –
шағын кәсiпкерлiк субъектiлерiне – елу, орта кәсiпкерлiк субъектiлерiне – бір
жүз елу, iрi кәсiпкерлiк субъектiлерiне үш жүз айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекет –
шағын кәсiпкерлiк субъектiлерiне – бір жүз, орта кәсiпкерлiк субъектiлерiне –
екі жүз, iрi кәсiпкерлiк субъектiлерiне бес жүз айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
302-бап. Электр желiлерiн бүлдiру
1. Кернеуі 1000 вольтқа дейінгі электр желiлерiн (әуе электр беру желiлерiн,
жерасты және суасты кәбіл желiлерiн, трансформаторлық және өзгертушi шағын
станцияларды, бөлiп таратқыш құрылғылар мен ауыстырып қосқыш пункттерді) бүлдiру -
жеке тұлғаларға – сегіз, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – он бес, орта кәсiпкерлiк субъектiлерiне – жиырма бес, iрi
кәсiпкерлiк субъектiлерiне елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Кернеуі 1000 вольттан асатын электр желiлерiн (әуе электр беру желiлерiн,
жерасты және суасты кәбіл желiлерiн, трансформаторлық және өзгертушi шағын
станцияларды, бөлiп таратқыш құрылғылар мен ауыстырып қосқыш пункттерді) бүлдiру –
жеке тұлғаларға – он бес, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – отыз, орта кәсiпкерлiк субъектiлерiне – елу, iрi
кәсiпкерлiк субъектiлерiне жетпіс бес айлық есептік көрсеткіш мөлшерiнде айыппұл
салуға әкеп соғады.
3. Осы баптың бірінші бөлігінде көзделген, тұтынушыларды электр энергиясымен
қамтамасыз етуде iркілiс туғызған және залал келтiрген, сол сияқты бір жыл ішінде
қайталап жасалған әрекет -
жеке тұлғаларға – он бес, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – отыз, орта кәсiпкерлiк субъектiлерiне – жетпіс бес,
iрi кәсiпкерлiк субъектiлерiне бір жүз елу айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
4. Осы баптың екінші бөлігінде көзделген, тұтынушыларды электр энергиясымен
қамтамасыз етуде iркілiс туғызған және залал келтiрген, сол сияқты бір жыл ішінде
қайталап жасалған әрекет –
жеке тұлғаларға – отыз, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – тоқсан, орта кәсiпкерлiк субъектiлерiне – бір жүз елу, iрi
кәсiпкерлiк субъектiлерiне екі жүз елу айлық есептік көрсеткіш мөлшерiнде айыппұл
салуға әкеп соғады.
303-бап. Қазақстан Республикасының жаңартылатын энергия
көздерін пайдалануды қолдау саласындағы
заңнамасын бұзу
1. Қазақстан Республикасының жаңартылатын энергия көздерін пайдалануды қолдау
туралы заңнамалық актісінде белгіленген, жаңартылатын энергия көздерін пайдаланатын
энергия өндіруші ұйымдар өндіретін электр, жылу энергиясын сатып алу міндетін
орындамау және (немесе) тиісінше орындамау –
шағын кәсiпкерлiк субъектiлерiне – бір жүз, орта кәсiпкерлiк субъектiлерiне –
екі жүз, iрi кәсiпкерлiк субъектiлерiне бір мың бес жүз айлық есептік көрсеткіш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Жаңартылатын энергия көздерін пайдалану объектілерін электр немесе жылу
желілеріне қосудың ең жақын нүктесін анықтаудың және оларды қосудың тәртібі мен
мерзімдерін бұзу түрінде жасалған Қазақстан Республикасының жаңартылатын энергия
көздерін пайдалануды қолдау саласындағы заңнамасын бұзу –
шағын кәсiпкерлiк субъектiлерiне – бір жүз, орта кәсiпкерлiк субъектiлерiне –
екі жүз, iрi кәсiпкерлiк субъектiлерiне бір мың бес жүз айлық есептік көрсеткіш
мөлшерiнде айыппұл салуға әкеп соғады.
3. Осы баптың бірінші және екінші бөліктерінде көзделген, әкімшілік шара
қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер –
шағын кәсiпкерлiк субъектiлерiне – бір жүз елу, орта кәсiпкерлiк
субъектiлерiне – үш жүз елу, iрi кәсiпкерлiк субъектiлерiне екі мың айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
304-бап. Жылу желілерін бүлдiру
Жылу желілерін (құбыржолдар мен олардың конструкцияларын, арналарды, жылу
камераларын, сорғы станцияларын) бүлдiру, егер бұл іс-әрекет адамдардың
денсаулығына және қоршаған ортаға зиян келтiрудiң нақты қатерiне әкеп соқпаса, –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне – он бес, орта
кәсiпкерлiк субъектiлерiне – жиырма, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
305-бап. Электр және жылу желілері жолдарының, газбен
жабдықтау жүйелері объектілерінің күзет
аймақтарында жұмыстар жүргiзу
Қарамағында электр немесе жылу желілері не газбен жабдықтау жүйелерінің
объектілері бар ұйымдардың келiсiмiнсiз, электр және жылу желiлерi жолдарының,
газбен жабдықтау жүйелері объектілерінің күзет аймақтарында құрылыс, монтаждау, жер
қазу, тиеу-түсiру жұмыстарын, ұңғымалар мен шурфтарды орнатуға байланысты iздеу
жұмыстарын жүргiзу, алаңдарды, автомобиль көлiгi алаңшаларын, тұрақтарын
жайластыру, базарларды орналастыру, материалдарды жинап қою, қоршаулар мен дуалдар
соғу, күйдiргiш коррозиялы заттар мен жанар-жағармай материалдарын шығарып тастау
және төгу –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне – он бес, орта
кәсiпкерлiк субъектiлерiне – жиырма, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
306-бап. Газ пайдалану, газбен жабдықтау жүйелерінің
объектілерін пайдалану қауіпсіздігі жөніндегі
талаптарды бұзу
1. Қазақстан Республикасының газ және газбен жабдықтау туралы заңнамасында
белгіленген, тұрмыстық және коммуналдық-тұрмыстық тұтынушылардың газ тұтыну
жүйелерін және газ жабдығын пайдалану қауіпсіздігі жөніндегі талаптарды бұзу –
жеке тұлғаларға – жеті, шағын кәсiпкерлiк субъектiлерiне – он, орта
кәсiпкерлiк субъектiлерiне – он бес, iрi кәсiпкерлiк субъектiлерiне жиырма айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне – он бес, орта
кәсiпкерлiк субъектiлерiне – жиырма, iрi кәсiпкерлiк субъектiлерiне отыз айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
3. Газ тұтыну жүйесіне тауарлық немесе сұйытылған мұнай газын беруді өз
бетінше қайта қосу -
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне – жиырма, орта
кәсiпкерлiк субъектiлерiне – отыз, iрi кәсiпкерлiк субъектiлерiне – бір жүз айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
4. Қазақстан Республикасының газ және газбен жабдықтау туралы заңнамасында
белгіленген, тұрмыстық және коммуналдық-тұрмыстық тұтынушылардың газ тұтыну
жүйелерін және газ жабдығын қоспағанда, газбен жабдықтау жүйелерінің объектілерін
пайдалану қауіпсіздігі жөніндегі талаптарды бұзу –
шағын кәсiпкерлiк субъектiлерiне – жиырма бес, орта кәсiпкерлiк
субъектiлерiне – елу, iрi кәсiпкерлiк субъектiлерiне екі жүз айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
5. Осы баптың төртiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
шағын кәсiпкерлiк субъектiлерiне – елу, орта кәсiпкерлiк субъектiлерiне – бір
жүз, iрi кәсiпкерлiк субъектiлерiне төрт жүз айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
307-бап. Резервтiк отын шаруашылығының дайындығын
қамтамасыз етуге шаралар қолданбау
Өнеркәсіптік және (немесе) коммуналдық-тұрмыстық тұтынушылар үшiн көзделген
резервтiк отын шаруашылығының жұмысқа дайындығын қамтамасыз етуге шаралар қолданбау
немесе өнеркәсіптік және (немесе) коммуналдық-тұрмыстық тұтынушылардың газ тұтыну
жүйелерінің белгіленген резервтік отын түрлерiмен жұмыс iстеуге дайын болмауы -
ескерту жасауға немесе жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
308-бап. Мұнай-газ құбырлары мен олардың жабдықтарын
бүлдіру
1. Мұнай-газ құбырлары мен олардың жабдықтарын зақымдау немесе аспаптарды
заңсыз орнату, ауыстыру, желіге қосу, сондай-ақ оларды пайдалану қағидаларын
аварияға себеп болуы мүмкін өзге де бұзушылықтар, егер бұл әрекеттерде қылмыстық
жазаланатын іс-әрекет белгілері болмаса, -
жеке тұлғаларға – он бес, шағын кәсiпкерлiк субъектiлерiне – жиырма, орта
кәсiпкерлiк субъектiлерiне – қырық, iрi кәсiпкерлiк субъектiлерiне елу айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекеттер –
жеке тұлғаларға – жиырма бес, шағын кәсiпкерлiк субъектiлерiне – отыз бес,
орта кәсiпкерлiк субъектiлерiне – қырық бес, iрi кәсiпкерлiк субъектiлерiне елу бес
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
309-бап. Құрылыс және жөндеу жұмыстарын жүргiзу кезiнде
аумақтарды бүлдiру
Тиiстi рұқсатсыз аулаларды, көшелер мен алаңдарды қазу, оларға құрылыс
материалдарын үйiп тастау, қазылған жерлердi, сондай-ақ құрылыс алаңдарын құрылыс
пен жөндеу аяқталғаннан кейiн ретке келтiруге шаралар қолданбау –
ескерту жасауға немесе жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне
– он бес, орта кәсiпкерлiк субъектiлерiне – жиырма бес, iрi кәсiпкерлiк
субъектiлерiне бір жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп
соғады.
19-тарау. ҒАРЫШ ҚЫЗМЕТІ САЛАСЫНДАҒЫ ӘКІМШІЛІК ҚҰҚЫҚ
БҰЗУШЫЛЫҚТАР 310-бап. Қазақстан Республикасының ғарыш қызметі
саласындағы заңнамасын бұзу
1. Қазақстан Республикасының ғарыш қызметі саласындағы заңнамасын:
1) ғарыш қызметі саласындағы салалық сараптаманың оң қорытындысы жоқ, ғарыш
қызметі саласындағы жобаны іске асыру;
2) ғарыш объектісін Қазақстан Республикасының аумағынан, сондай-ақ оны одан
тыс жерде ғарыш қызметіне қазақстандық қатысушы жүзеге асырған жағдайда Қазақстан
Республикасы Үкіметінің ғарыш объектісін ұшыру туралы оң шешімінсіз ұшыру;
3) ғарыш объектісін мемлекеттік тіркеуден жалтару;
4) адамдардың өмірі мен денсаулығына тікелей қатер төндіру;
5) ғарыш техникасы және (немесе) аспан денелерін қоршаған ортаға теріс әсер
ету үшін пайдалану;
6) ғарыш кеңістігінің ластануы жөніндегі халықаралық нормалар мен
стандарттарды бұзу түрінде жасалған бұзушылық –
ғарыш кеңістігін пайдалану аясындағы қызметті жүзеге асыру құқығына
лицензияның қолданылуын алты айға тоқтата тұрып немесе онсыз, жеке тұлғаларға –
елу, лауазымды адамдарға – бір жүз, шағын кәсіпкерлік субъектілеріне – бір жүз
жетпіс бес, орта кәсіпкерлік субъектілеріне – үш жүз, ірі кәсіпкерлік
субъектілеріне бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет (әрекетсіздік) –
лицензиядан айыруға әкеп соғады.
311-бап. Қазақстан Республикасының аумағында, сондай-ақ
ғарыш кеңістігінде ғарыш жүйелерін құру және
пайдалану (қолдану) қағидаларын бұзу
1. Нәтижелері пайдаланушы персоналға, халыққа, ғарыш жүйесіне, түйіндес
объектілерге, қоршаған ортаға және жер төңірегіндегі кеңістікке өндірістік
қызметтің қауіпті және зиянды факторларының әсерін жол берілетін шекті мәндерден
асыруға әкеп соққан ғарыш жүйесін пайдаланудан көрінген, Қазақстан Республикасының
аумағында, сондай-ақ ғарыш кеңістігінде ғарыш жүйелерін құру және пайдалану
(қолдану) қағидаларын бұзу –
ғарыш кеңістігін пайдалану саласындағы қызметті жүзеге асыру құқығына
лицензияның қолданылуын алты айға тоқтата тұрып немесе онсыз, жеке тұлғаларға –
отыз, шағын кәсіпкерлік субъектілеріне – қырық, орта кәсіпкерлік субъектілеріне –
елу, ірі кәсіпкерлік субъектілеріне бір жүз айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген әкімшілік жауаптылыққа тартуға әкеп
соққан бұзушылықтарды ғарыш кеңістігін пайдалану саласындағы қызметті жүзеге асыру
құқығына лицензияның қолданылуын тоқтата тұру мерзімі өткеннен кейін жоймау –
лицензиядан айыруға әкеп соғады.
20-тарау. Сәулет, қала құрылысы, құрылыс қызметі және тұрғын
үй қатынастары саласындағы әкімшілік құқық бұзушылықтар
Ескерту. 20-тараудың тақырыбы жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен
(алғашқы ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа
енгiзiледi).
312-бап. Сәулет-құрылыс қызметі саласындағы заңнама мен
мемлекеттiк нормативтердiң талаптарын бұза
отырып, жобалау алдындағы, iздестіру, жобалау,
құрылыс-монтаждау жұмыстарын орындау, құрылыс
материалдарын, бөлшектер мен конструкцияларды
шығару мен қолдану
1. Қазақстан Республикасының сәулет, қала құрылысы және құрылыс қызметi
саласындағы заңнамасының талаптарын бұза отырып, жобалау алдындағы, iздестіру,
жобалау, құрылыс-монтаждау жұмыстарын орындау, құрылыс материалдарын, бөлшектер мен
конструкцияларды шығару, қолдану –
лауазымды адамдарға – алпыс, шағын кәсіпкерлік субъектілеріне – екі жүз, орта
кәсіпкерлік субъектілеріне – төрт жүз, ірі кәсіпкерлік субъектілеріне жеті жүз
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
тиiстi қызмет түрiне лицензиядан айыра отырып, лауазымды адамдарға – бір жүз
жиырма, шағын кәсіпкерлік субъектілеріне – төрт жүз, орта кәсіпкерлік
субъектілеріне – сегіз жүз, ірі кәсіпкерлік субъектілеріне бір мың төрт жүз айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
313-бап. Құрылыс-монтаждау және жөндеу-қалпына келтiру
жұмыстарын жүргiзу кезiнде бекiтiлген құрылыс
нормаларының және жобалау құжаттарының
талаптарын бұзу
1. Құрылыс-монтаждау және жөндеу-қалпына келтiру жұмыстарын жүргiзу кезiнде
ғимараттарды, құрылыстарды, олардың бөлiктерiн немесе жекелеген конструкциялық
элементтерiн пайдалану сапасын нашарлатуға, олардың берiктiгiн, орнықтылығын
төмендетуге әкеп соққан бекiтiлген құрылыс нормаларының және жобалау құжаттарының
талаптарын бұзу –
лицензияның қолданылуын тоқтата тұрып, лауазымды адамдарға – қырық, шағын
кәсіпкерлік субъектілеріне – екі жүз, орта кәсіпкерлік субъектілеріне – төрт жүз,
ірі кәсіпкерлік субъектілеріне жеті жүз айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
2. Ғимараттардың, құрылыстардың, олардың бөлiктерiнiң немесе жекелеген
конструкциялық элементтерiнiң берiктiгiн, орнықтылығын жоғалтуға әкеп соққан, осы
баптың бiрiншi бөлiгiнде көрсетілген әрекеттердi жасау –
тиiстi қызмет түрiне лицензиядан айыра отырып, лауазымды адамдарға – сексен,
шағын кәсіпкерлік субъектілеріне – төрт жүз, орта кәсіпкерлік субъектілеріне –
сегіз жүз, ірі кәсіпкерлік субъектілеріне бір мың төрт жүз айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
314-бап. Объектiлердi тұрғызу және реконструкциялау
кезiнде құрылыс, құрылыс-монтаждау,
жөндеу-қалпына келтiру жұмыстарын белгiленген
тәртiппен бекiтiлген жобалау құжаттамасынсыз
жүргiзу
1. Объектiлердi тұрғызу және реконструкциялау кезiнде құрылыс, құрылыс-
монтаж, жөндеу-қалпына келтiру жұмыстарын белгiленген тәртiппен бекiтiлген жобалау
құжаттамасынсыз жүргiзу –
жүргiзiлiп жатқан жұмыстарды тоқтата тұрып, лауазымды адамдарға – қырық,
шағын кәсіпкерлік субъектілеріне – екі жүз, орта кәсіпкерлік субъектілеріне – төрт
жүз, ірі кәсіпкерлік субъектілеріне жеті жүз айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
лицензиядан айыра отырып және жүргiзiлiп жатқан жұмыстарды тоқтата тұрып,
лауазымды адамдарға – сексен, шағын кәсіпкерлік субъектілеріне – төрт жүз, орта
кәсіпкерлік субъектілеріне – сегіз жүз, ірі кәсіпкерлік субъектілеріне бір мың екі
жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
315-бап. Объектiлердi тұрғызу және реконструкциялау,
құрылыс материалдарын, бұйымдар мен
конструкциялар дайындау бойынша
құрылыс-монтаждау, жөндеу-қалпына келтiру
жұмыстарын жүргiзу кезiнде нормативтiк
құжаттарда көзделген атқарушылық техникалық
құжаттаманы ресiмдеу қағидаларын бұзу
Объектiлердi тұрғызу және реконструкциялау, құрылыс материалдарын, бұйымдар
мен конструкциялар дайындау бойынша құрылыс-монтаждау, жөндеу-қалпына келтiру
жұмыстарын жүргiзу кезiнде нормативтiк құжаттарда көзделген атқарушылық техникалық
құжаттаманы ресiмдеу қағидаларын бұзу –
ескерту жасауға немесе лауазымды адамдарға – он, шағын кәсіпкерлік
субъектілеріне – жиырма бес, орта кәсіпкерлік субъектілеріне – елу, ірі кәсіпкерлік
субъектілеріне бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
316-бап. Объектілерді және олардың кешендерін жобалау
(жобалау-сметалық) құжаттамасынсыз не
белгiленген тәртiппен сараптамадан өткiзiлмеген
жобалау (жобалау-сметалық) құжаттамасы бойынша
салу (реконструкциялау, реставрациялау, кеңейту,
техникалық қайта жарақтандыру, жаңғырту, күрделi
жөндеу)
1. Объектілерді және олардың кешендерін, жобалау (жобалау-сметалық)
құжаттамасынсыз не сараптама жүргізу талап етілетін, белгiленген тәртiппен
сараптамадан өткiзiлмеген жобалау (жобалау-сметалық) құжаттамасы бойынша салу
(реконструкциялау, реставрациялау, кеңейту, техникалық қайта жарақтандыру,
жаңғырту, күрделi жөндеу) –
жеке тұлғаларға – бір жүз жиырма, лауазымды адамдарға – бір жүз алпыс, шағын
кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – екі жүз, орта
кәсiпкерлiк субъектiлерiне – үш жүз сексен, iрi кәсiпкерлiк субъектiлерiне бес жүз
сексен айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет, сол сияқты осы баптың бірінші
бөлігінде көзделген, әкімшілік жауаптылыққа тартуға әкеп соққан бұзушылықты жоймау
–
жұмыстарды тоқтата тұрып, жеке тұлғаларға – бір жүз алпыс, лауазымды
адамдарға – екі жүз, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес
ұйымдарға – үш жүз, орта кәсiпкерлiк субъектiлерiне – алты жүз, iрi кәсiпкерлiк
субъектiлерiне бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
317-бап. Сараптама жұмыстарын және инжинирингтік
қызметтер көрсетуді жүзеге асыру кезінде
Қазақстан Республикасының заңнамасын бұзу
1. Авторлық қадағалауды жүзеге асыратын тұлғалардың орындалған (орындалатын)
құрылыс-монтаждау жұмыстарының бекітілген жобалық шешімдерге сәйкес келмеуіне жол
беруі –
авторлық қадағалау жүргізу құқығына сарапшы аттестатының қолданысын алты ай
мерзімге тоқтата тұрып, жеке тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
2. Жобаларға сараптаманы жүзеге асыратын тұлғалардың Қазақстан Республикасы
заңнамасының талаптарына сәйкес келмейтін және тұрғызылып жатқан не тұрғызылған
объектілердің орнықтылығын, сенімділігін және беріктігін қамтамасыз етпейтін
жобалау (жобалау-сметалық) құжаттамасына сараптаманың (сараптамалық бағалаудың) оң
қорытындысын беруі –
жобаларға сараптаманы жүзеге асыру құқығына сарапшы аттестатының қолданылуын
алты ай мерзімге тоқтата тұрып, жеке тұлғаларға екі жүз айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
3. Техникалық қадағалауды жүзеге асыратын тұлғалардың орындалған жұмыстардың
сапасын, мерзiмдерiн, қабылдануын және объектiнiң пайдалануға тапсырылуын қоса
алғанда, жобаны iске асыру сатысында бұзушылықтарға жол беруі –
техникалық қадағалау жүргізу құқығына сарапшы аттестатының қолданысын алты ай
мерзімге тоқтата тұрып, жеке тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
4. Осы баптың бірінші, екінші және үшінші бөліктерінде көзделген, әкімшілік
жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер (әрекетсіздік)
–
көрсетілетін қызметтің және маманданудың тиісті түріне сарапшы аттестатынан
айыра отырып және сараптама жұмыстары мен инжинирингтік қызметтер көрсетуді жүзеге
асыру құқығына қызметке үш жыл мерзімге тыйым сала отырып, жеке тұлғаларға төрт жүз
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
Ескерту. 317-бап жаңа редакцияда - ҚР 29.12.2014 № 269-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
318-бап. Объектілер мен кешендерді қабылдаудың және
пайдалануға берудің белгіленген тәртібін бұзу
Сәулет-құрылыс қызметі саласындағы мемлекеттік нормативтердің талаптарын бұза
отырып, объектілер мен кешендерді қабылдаудың және пайдалануға берудің белгіленген
тәртібін бұзу –
жеке тұлғаларға, лауазымды адамдарға – елу, шағын кәсiпкерлiк субъектiлерiне
немесе коммерциялық емес ұйымдарға – бір жүз жиырма, орта кәсіпкерлік
субъектілеріне – екі жүз жиырма, ірі кәсіпкерлік субъектілеріне – алты жүз елу
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
Ескерту. 318-бап жаңа редакцияда - ҚР 29.12.2014 № 269-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
319-бап. Заңсыз құрылыс
Өндiрiстiк, тұрғын үй, шаруашылық, гидротехникалық (су шаруашылығы) немесе
тұрмыстық объектiлердi жерге тиісті құқықсыз заңсыз салу –
заңсыз тұрғызылған немесе тұрғызылып жатқан құрылысты мәжбүрлеп бұза отырып
не онсыз, жеке тұлғаларға – он бес, лауазымды адамдарға, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – отыз, орта кәсiпкерлiк
субъектiлерiне – елу, iрi кәсiпкерлiк субъектiлерiне екі жүз айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
320-бап. Қазақстан Республикасының тұрғын үй құрылысына
үлестік қатысу туралы және тұрғын үй
қатынастары саласындағы заңнамалық актісінің
талаптарын бұзу
Ескерту. Тақырып жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен (алғашқы
ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа
енгiзiледi).
1. Құрылыс салушының, жобалау компаниясының Қазақстан Республикасының тұрғын
үй құрылысына үлестік қатысу туралы заңнамалық актісінде құрылыс салушы, жобалау
компаниясы туралы және құрылыс объектісі туралы ақпараттың мазмұнына қойылатын
талаптарды, сондай-ақ оны тарату тәртібін бұзуы не құрылыс салушының, жобалау
компаниясының дәл емес, толық емес немесе жаңылыстыратын ақпаратты таратуы –
заңды тұлғаларға үш жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
2. Құрылыс салушының, жобалау компаниясының облыстың, республикалық маңызы
бар қаланың, астананың жергілікті атқарушы органына Қазақстан Республикасының
заңдарында көзделген мәліметтер мен есептілікті ұсынбауы не олардың анық емес
мәліметтер мен есептілікті ұсынуы –
заңды тұлғаларға үш жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
3. Осы баптың бірінші және екінші бөліктерінде көзделген, құрылыс салушы
әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасаған әрекеттер
(әрекетсіздік) -
заңды тұлғаларға төрт жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
4. Осы баптың бірінші және екінші бөліктерінде көзделген, жобалау компаниясы
әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасаған әрекеттер
(әрекетсіздік), сол сияқты осы баптың бірінші және екінші бөліктерінде көзделген,
әкімшілік жауаптылыққа тартуға әкеп соққан бұзушылықтарды жоймау –
үлескерлердің ақшасын тарту есебінен тұрғын ғимараттар құрылысын ұйымдастыру
жөніндегі қызметке арналған лицензияның қолданысын үш айға дейінгі мерзімге тоқтата
тұруға әкеп соғады.
5. Кондоминиум объектісін басқару органының тұрғын үй заңнамасында көзделген
жағдайларда, екінші деңгейдегі банктерде кондоминиум объектісіне арналған ағымдағы
және (немесе) жинақ шоттарын ашу мерзімдерін бұзуы –
ескерту жасауға әкеп соғады.
6. Кондоминиум объектісін басқару органының кондоминиум объектісін басқару
жөніндегі тоқсан сайынғы есеп беру мерзімдерін бұзуы –
ескерту жасауға әкеп соғады.
7. Осы баптың бесiншi және алтыншы бөлiктерiнде көзделген, әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекет (әрекетсіздік) –
жеке тұлғаға – он, заңды тұлғаға жиырма айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
Ескерту. 320-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен (алғашқы
ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа
енгiзiледi).
321-бап. Құрылысты техникалық және авторлық
қадағалауларды қатар жүргізбей жүзеге асыру
Құрылысты техникалық және авторлық қадағалауларды қатар жүргізбей жүзеге
асыру –
жеке тұлғаларға – қырық, лауазымды адамдарға – бір жүз алпыс, шағын
кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – екі жүз, орта
кәсiпкерлiк субъектiлерiне – үш жүз, iрi кәсiпкерлiк субъектiлерiне бес жүз айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
322-бап. Үй-жайларды заңсыз қайта жабдықтау және қайта
жоспарлау
1. Қолданыстағы ғимараттардағы тұрғын және тұрғын емес үй-жайларды сәулет-
құрылыс жобасынсыз және жергілікті атқарушы органдардың сәулет және қала құрылысы
саласындағы функцияларды жүзеге асыратын құрылымдық бөлімшелерінің тиісті
шешімінсіз заңсыз қайта жабдықтау және қайта жоспарлау –
жеке тұлғаларға – он бес, лауазымды адамдарға, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – қырық бес, орта кәсiпкерлiк
субъектiлерiне – жетпіс бес, iрi кәсiпкерлiк субъектiлерiне бір жүз елу айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Ғимарат берiктiгiнiң және орнықтылығының толық жойылуына (қирауына) әкеп
соққан немесе әкеп соғуы мүмкiн дәл сол әрекеттер –
жеке тұлғаларға – қырық, лауазымды адамдарға, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – тоқсан, орта кәсiпкерлiк
субъектiлерiне – бір жүз елу, iрi кәсiпкерлiк субъектiлерiне үш жүз айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпелер.
1. Үйлер, құрылыстар, ғимараттар, олардың бөлiктерi немесе жекелеген
конструкциялық элементтерi берiктiгiнiң, орнықтылығының, сенiмдiлiгiнiң төмендеуіне
және жойылуына, тұрғызылып жатқан объектiлердiң пайдалану сапасының нашарлауына,
қоршаған ортаға теріс әсер етуiне әкеп соғатын, аумақтарды қала құрылысына игеру,
объектiлер мен кешендердi жобалау, салу, реконструкциялау, реставрациялау,
жаңғырту, күрделi жөндеу және абаттандыру кезiнде техникалық регламенттерді
қоспағанда, мiндеттi талаптарды, құрылыс нормалары мен қағидаларын, жобаларды,
басқа да нормативтік актілерді сақтамау, сондай-ақ объектiлер құрылысының және
оларды пайдалануға қабылдаудың белгiленген ұйымдастыру-құқықтық тәртiбiн бұзатын
әрекеттер құрылыс саласындағы әкiмшiлiк құқық бұзушылық деп түсініледі.
2. Материалдың, конструкцияның, бұйымның, олардың түйiскен тораптарының,
ғимараттың және құрылыстың негiзгі топырақ қабатының есептік мәндегі салмақтың
түсуіне және әсерлеріне бүлiнбей төтеп беру қабiлетi берiктiк деп түсініледі.
3. Ғимараттың, құрылыстың есептемелік әсерлерге және салмақ түсу ықпалына
орнықты тепе-теңдiк күйiн сақтап қалу қасиеті орнықтылық деп түсініледі.
4. Ғимараттың, құрылыстың, оның инженерлiк жүйелерiнiң, тіреу және қоршау
конструкцияларының нормаланатын көрсеткiштердің мәндерiмен айқындалған функцияларды
орындау қабiлетi сенiмдiлiк деп түсініледі.
5. Ғимараттар мен құрылыстар салуға, кеңейтуге, реконструкциялауға,
техникалық қайта жарақтандыруға, күрделi жөндеуге және жұмыстардың басқа да
түрлерiне арналған жобалау алдындағы (құрылысқа салынатын инвестиция негiздемелерi,
техникалық-экономикалық негiздемелер) және жобалау құжаттамасы (жоба, жұмыс жобасы
және жобалардың басқа да түрлерi) жөніндегі жұмыстар жобалау жұмыстары деп
түсініледі.
323-бап. Белгiленген тәртiппен пайдалануға берілмеген
объектiлер мен кешендердi пайдалану
Құрылысы аяқталған, бiрақ белгiленген тәртiппен пайдалануға берілмеген
объектiлердi, кешендердi немесе олардың жекелеген бөлiктерiн пайдалану (тұру, кіріс
алу мақсатында қызметтер көрсету, өнiм өндiру) -
жеке тұлғаларға – он, лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне
немесе коммерциялық емес ұйымдарға – отыз, орта кәсiпкерлiк субъектiлерiне – елу,
iрi кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
21-тарау. ҚОРШАҒАН ОРТАНЫ ҚОРҒАУ, ТАБИҒИ РЕСУРСТАРДЫ ПАЙДАЛАНУ
САЛАСЫНДАҒЫ ӘКІМШІЛІК ҚҰҚЫҚ БҰЗУШЫЛЫҚТАР 324-бап. Қоршаған ортаны қорғау жөнiндегi
санитариялық-эпидемиологиялық және экологиялық
талаптарды бұзу
1. Осы Кодекстің 416-бабында көзделген жағдайларды қоспағанда, қоршаған
ортаны қорғау жөнiндегі санитариялық-эпидемиологиялық және экологиялық талаптардың
нормаларын, сондай-ақ гигиеналық нормативтердi бұзу –
ескерту жасауға немесе жеке тұлғаларға – он, лауазымды адамдарға, шағын
кәсiпкерлiк субъектiлерiне – он бес, орта кәсiпкерлiк субъектiлерiне – жиырма айлық
есептiк көрсеткiш мөлшерінде, iрi кәсiпкерлiк субъектiлерiне қоршаған ортаға
келтiрілген зиян сомасы мөлшерiнде айыппұл салуға әкеп соғады.
2. Лауазымды адамдардың қоршаған ортаны қорғау жөнiндегі санитариялық-
эпидемиологиялық және экологиялық талаптардың белгіленген нормаларын арттыруға
немесе төмендетуге нұсқаулар немесе рұқсаттар беруi –
жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
325-бап. Өндiрiстiк экологиялық бақылауды жүргiзу
талаптарын бұзу
Өндiрiстiк экологиялық бақылауды жүргiзу талаптарын бұзу –
жеке тұлғаларға – жиырма бес, лауазымды адамдарға, шағын кәсiпкерлiк
субъектiлерiне – алпыс, орта кәсiпкерлiк субъектiлерiне – бір жүз, iрi кәсiпкерлiк
субъектiлерiне екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
326-бап. Экологиялық рұқсатта көрсетілген табиғат
пайдалану шарттарын орындамау
1. Экологиялық рұқсатта көрсетілген табиғат пайдалану шарттарын орындамау –
лауазымды адамдарға – он бес, шағын кәсіпкерлік субъектілеріне – отыз, орта
кәсiпкерлiк субъектiлерiне – елу, iрi кәсiпкерлiк субъектiлерiне екі жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
лауазымды адамдарға – отыз, шағын кәсіпкерлік субъектілеріне – алпыс, орта
кәсiпкерлiк субъектiлерiне – бір жүз, ірі кәсіпкерлік субъектілеріне бес жүз айлық
есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
3. Қоршаған ортаға аса ірі залал келтірумен, халықтың өмірі мен денсаулығының
қауіпсіздігіне қатер төндірумен ұштасқан, осы баптың бірінші бөлігінде көзделген
әрекеттер –
экологиялық рұқсаттың қолданылуын тоқтата тұрып немесе онсыз, лауазымды
адамдарға – отыз, шағын кәсіпкерлік субъектілеріне – алпыс, орта кәсіпкерлік
субъектілеріне – бір жүз, ірі кәсіпкерлік субъектілеріне бес жүз айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
4. Жеке және заңды тұлғалардың экологиялық рұқсаттың қолданылуын тоқтата
тұрған бұзушылықтарды белгіленген мерзімде жоймауы –
экологиялық рұқсаттан айыруға әкеп соғады.
Ескертпе. Егер экологиялық рұқсат табиғат пайдаланушыға бірнеше өндірістік
объектіге берілген жағдайда, экологиялық рұқсаттың қолданылуы табиғат
пайдаланушының табиғат пайдалану шарттарын орындамауға жол берген объектісі бойынша
жойылады.
327-бап. Ластаушы заттардың өндiрiстiк нормативтен тыс
тасталуы мен шығарылуы, қалдықтардың
орналастырылуы туралы хабарламау
Қоршаған ортаны қорғауды және табиғат қорғау және санитариялық-
эпидемиологиялық заңнаманың орындалуын мемлекеттiк бақылауды және қадағалауды
жүзеге асыратын органдарға ластаушы заттардың өндiрiстiк нормативтен тыс тасталуы
мен шығарылуы, қалдықтарды орналастыру және қоршаған ортаға басқа да зиянды
авариялық әсер етулерi туралы хабарламау немесе бұрмаланған ақпаратты хабарлау –
жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
328-бап. Экологиялық рұқсатта белгiленген, қоршаған
ортаға эмиссиялар нормативтерiнiң асып кетуi не
экологиялық рұқсаттың болмауы
Жобалау құжаттамасында және (немесе) экологиялық рұқсатта белгiленген,
қоршаған ортаға эмиссиялар нормативтерiнiң асып кетуi не экологиялық рұқсаттың
болмауы, егер бұл әрекеттерде қылмыстық жазаланатын іс-әрекет белгiлерi болмаса –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне – отыз, орта
кәсiпкерлiк субъектiлерiне – елу айлық есептiк көрсеткiш мөлшерінде, iрi
кәсiпкерлiк субъектiлерiне эмиссиялардың асырылған көлемi үшiн қоршаған ортаға
эмиссияларға төленетін мөлшерлеменің бiр мың пайызы мөлшерiнде айыппұл салуға әкеп
соғады.
329-бап. Парниктік газдар шығарындыларына квотаның
белгіленген көлемінен асып кету
Парниктік газдар шығарындыларына квотаның белгіленген көлемінен асып кету –
заңды тұлғаларға Қазақстан Республикасының заңнамасына сәйкес басқа табиғат
пайдаланушылардан сатып алынған квоталар бірліктерімен және (немесе) жобаларды іске
асыру нәтижесінде алынған көміртегі бірліктерімен өтелмеген, квотаның белгіленген
көлемінен асатын әрбір бірлігі үшін бес айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
330-бап. Аккредиттелген тәуелсіз ұйымдардың парниктік
газдарды түгендеу, верификация және валидация
(детерминация) туралы анық емес деректерді
ұсынуы
Аккредиттелген тәуелсіз ұйымдардың парниктік газдарды түгендеу, верификация
және валидация (детерминация) туралы анық емес деректерді ұсынуы –
аккредиттеу туралы куәліктің қолданылуын тоқтата тұрып, шағын кәсіпкерлік
субъектілеріне – бір жүз елу, орта кәсiпкерлiк субъектiлерiне – үш жүз, iрi
кәсiпкерлiк субъектiлерiне бес жүз айлық есептік көрсеткіш мөлшерiнде айыппұл
салуға әкеп соғады.
331-бап. Атмосфераға шығарындыларды тазалауға және
сарқынды суларды ағызуға арналған жабдықты
пайдалану қағидаларын бұзу, сондай-ақ оны
пайдаланбау
Атмосфераға шығарындыларды тазалауға және сарқынды суларды ағызуға арналған
жабдықты пайдалану қағидаларын бұзу, сондай-ақ оны пайдаланбау –
жеке тұлғаларға – он, шағын кәсіпкерлік субъектілеріне немесе коммерциялық
емес ұйымдарға – қырық, орта кәсiпкерлiк субъектiлерiне – жетпіс, iрi кәсiпкерлiк
субъектiлерiне екі жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
332-бап. Мемлекеттiк экологиялық сараптаманы мiндеттi
түрде жүргізу туралы заңнама талаптарын
орындамау
Мемлекеттiк экологиялық сараптаманы мiндеттi түрде жүргізу туралы заңнама
талаптарын немесе мемлекеттiк экологиялық сараптаманың қорытындысында қамтылған
талаптарды орындамау, сол сияқты мемлекеттiк экологиялық сараптамадан өткiзiлмеген
жобалар мен бағдарламаларды қаржыландыру –
жеке тұлғаларға – он, шағын кәсіпкерлік субъектілеріне – отыз, орта
кәсiпкерлiк субъектiлерiне – елу, iрi кәсiпкерлiк субъектiлерiне бес жүз айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
333-бап. Шығарындыларда ластаушы заттардың болуы
нормативтерден асып кететін көлiк құралдарын
және басқа да жылжымалы құралдарды шығару
1. Шығарындыларында ластаушы заттардың болуы, сондай-ақ олардың жұмыс iстеуi
кезiнде шығатын шудың деңгейi белгiленген нормативтерден асып кететін
автомобильдердi, ұшақтарды, кемелердi және басқа да жылжымалы құралдарды және
қондырғыларды пайдалануға шығару –
лауазымды адамдарға, шағын кәсіпкерлік субъектілеріне немесе коммерциялық
емес ұйымдарға – жиырма, орта кәсiпкерлiк субъектiлерiне – қырық, iрi кәсiпкерлiк
субъектiлерiне – бір жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп
соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
қызметтi тоқтата тұрып немесе оған тыйым салына отырып не онсыз, лауазымды
адамдарға, шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға –
қырық, орта кәсiпкерлiк субъектiлерiне – сексен, iрi кәсiпкерлiк субъектiлерiне бес
жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
334-бап. Шығарындыларда ластаушы заттардың болуы
нормативтерден асып кететін автомотокөлiктерді
және басқа да жылжымалы құралдарды пайдалану
1. Жеке тұлғалардың шығарындыларда ластаушы заттардың болуы, сондай-ақ
олардың жұмыс iстеуi кезiнде шығатын шудың деңгейi белгiленген нормативтерден асып
кететін автомотокөлiктердi және басқа да жылжымалы құралдар мен қондырғыларды
пайдалануы –
жеке тұлғаларға ескерту жасауға немесе екi айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
жеке тұлғаларға бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
335-бап. Атмосфералық ауаны қорғау жөнiндегi заңнаманы
бұзу
1. Атмосфералық ауаны қорғау жөнiндегi талаптарға сәйкес келмейтiн жаңа және
реконструкцияланған кәсiпорындарды, құрылыстарды және басқа да объектiлердi
пайдалануға қабылдау –
отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Атмосфералық ауаны қорғау жөнiндегi талаптарға сәйкес келмейтiн жаңа және
реконструкцияланған кәсiпорындарды, құрылыстарды және басқа да объектiлердi
пайдалану -
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – отыз,
орта кәсiпкерлiк субъектiлерiне – алпыс, iрi кәсiпкерлiк субъектiлерiне бір жүз
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
336-бап. Өнеркәсіптік және тұрмыстық қалдықтарды жинап
қою мен жағу кезiнде атмосфералық ауаны қорғау
және өрт қауiпсiздiгi жөнiндегi талаптарды
сақтамау
Өнеркәсіптік және тұрмыстық қалдықтарды жинап қою қағидаларын бұзу,
көрсетілген қалдықтарды жағу кезiнде атмосфералық ауаны қорғау және өрт
қауiпсiздiгi жөнiндегi талаптарды сақтамау –
ескерту жасауға немесе жеке тұлғаларға – үш, лауазымды адамдарға – жиырма,
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – қырық, орта
кәсiпкерлiк субъектiлерiне – жетпіс, iрi кәсiпкерлiк субъектiлерiне бір жүз жиырма
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
337-бап. Жердi бүлдiру
1. Топырақтың құнарлы қабатын сыдырып алу топырақтың құнарлы қабатының
бiржола жоғалуын болғызбау үшiн қажет болған жағдайларды қоспағанда, басқа
тұлғаларға сату немесе беру мақсатымен оны жою немесе заңсыз сыдырып алу –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – отыз, орта кәсiпкерлiк субъектiлерiне – елу айлық есептiк
көрсеткiш мөлшерінде, iрi кәсiпкерлiк субъектiлерiне қоршаған ортаға келтiрiлген
зиян сомасы мөлшерiнде айыппұл салуға әкеп соғады.
2. Сақтау, пайдалану немесе тасымалдау кезiнде улы химикаттармен,
тыңайтқыштармен, өсiмдiктердi өсіру стимуляторларымен және өзге де қауiптi
химиялық, биологиялық және радиоактивтi заттармен жұмыс істеу қағидаларын бұзу
салдарынан шаруашылық немесе өзге де қызметтiң зиянды өнiмдерiмен жердi уландыру,
ластау немесе өзге де бүлдiру, сол сияқты, бактериялық-паразиттiк немесе ерекше
зиянды организмдермен, бiрақ адамның денсаулығына немесе қоршаған ортаға зиян
тигiзуге әкеп соқпаған залалдануы –
жеке тұлғаларға – он бес, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – жиырма бес, орта кәсiпкерлiк субъектiлерiне – қырық,
iрi кәсiпкерлiк субъектiлерiне екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
338-бап. Ауыл шаруашылығы мақсатындағы жердi ұтымсыз
пайдалану немесе пайдаланбау
Ауыл шаруашылығы мақсатындағы жердi ұтымсыз пайдалану немесе пайдаланбау –
ескерту жасауға немесе жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне
немесе коммерциялық емес ұйымдарға – қырық, орта кәсiпкерлiк субъектiлерiне –
жетпіс, iрi кәсiпкерлiк субъектiлерiне екі жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
339-бап. Жер учаскелері меншік иелерінің және жер
пайдаланушылардың жер учаскелерін пайдалану
жөніндегі міндеттерді орындамауы
1. Жер учаскелері меншік иелерінің және жер пайдаланушылардың:
1) жерді нысаналы мақсатта пайдаланбаудан;
2) жер қатынастары саласындағы заңнамалық актіде көзделген жерді қорғау
жөніндегі іс-шараларды жүзеге асырмаудан көрінетін жер учаскелерін пайдалану
жөніндегі міндеттерді орындамауы –
ескерту жасауға немесе жеке тұлғаларға – бес, шағын кәсіпкерлік
субъектілеріне – он, орта кәсіпкерлік субъектілеріне – жиырма, ірі кәсіпкерлік
субъектілеріне елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет (әрекетсіздік) –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне – жиырма, орта
кәсiпкерлiк субъектiлерiне – отыз, iрi кәсiпкерлiк субъектiлерiне алпыс айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
340-бап. Уақытша иеленіп отырған жерді одан әрі мақсатына
сай пайдалануға жарамды күйге келтіру жөніндегі
міндеттерді орындамау
Уақытша иеленіп отырған жерді одан әрі мақсатына сай пайдалануға жарамды
күйге келтіру жөніндегі міндеттерді орындамау -
ескерту жасауға немесе жеке тұлғаларға – бес, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – он, орта кәсiпкерлiк
субъектiлерiне – жиырма, iрi кәсiпкерлiк субъектiлерiне бір жүз он айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
341-бап. Тұрғын үй құрылысы, арнайы жер қоры үшiн жер
учаскелерiнің бар екендiгi туралы ақпаратты
жасыру
Жеке тұрғын үйлер құрылысы, арнайы жер қоры үшiн жер учаскелерiнің бар
екендiгi туралы ақпаратты жасыру, оны бұрмалау, жер учаскелерiн бөлуден негiзсiз
бас тарту –
жергiлiктi атқарушы органдардың лауазымды адамдарына он айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
342-бап. Жердi мемлекеттiк тiркеу, есепке алу және
бағалау мәлiметтерiн бұрмалау
Жердi мемлекеттiк тiркеу, есепке алу және бағалау мәлiметтерiн қасақана
бұрмалау –
лауазымды адамдарға жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
343-бап. Қазақстан Республикасының геодезия және
картография саласындағы заңнамасын бұзу
1. Геодезиялық және картографиялық жұмыстарды:
геодезиялық және (немесе) картографиялық жұмыстарды орындауға мүмкіндік
беретін, меншікті немесе жалға алынған салыстырып тексерілген аспаптар, жабдықтар
және құрал-саймандар жиынтығы не зауыттық нөмірі көрсетілген салыстырып тексерілген
аспаптар, жабдықтар және құрал-саймандар жиынтығы бар ұйыммен жасалған қызметтер
көрсетуге арналған шарт;
штатында геодезия және (немесе) картография саласында жоғары немесе орта
білімнен кейінгі білімі бар маман болмаған кезде жүзеге асыру –
жеке тұлғаларға – жиырма, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – алпыс, орта кәсiпкерлiк субъектiлерiне – бір жүз, iрi
кәсiпкерлiк субъектiлерiне екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
жеке тұлғаларға – елу, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – бір жүз, орта кәсiпкерлiк субъектiлерiне – бір жүз елу, iрi
кәсiпкерлiк субъектiлерiне үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
344-бап. Өндiрiс және тұтыну қалдықтарымен жұмыс істеуге,
сарқынды суды ағызуға қойылатын талаптарды бұзу
Өндiрiс және тұтыну қалдықтарымен жұмыс істеуге, сондай-ақ сарқынды суды
ағызуға қойылатын талаптарды бұзу –
ескерту жасауға немесе жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне
немесе коммерциялық емес ұйымдарға – жиырма, орта кәсіпкерлік субъектілеріне – отыз
айлық есептiк көрсеткiш мөлшерінде, iрi кәсiпкерлiк субъектiлерiне қоршаған ортаға
келтiрiлген зиян сомасы мөлшерiнде айыппұл салуға әкеп соғады.
345-бап. Жер қойнауын ұтымды әрі кешенді пайдалану
жөніндегі қағидаларды бұзу
Жер қойнауын пайдалану жөніндегі операцияларды жүргізу кезінде жер қойнауын
ұтымды әрі кешенді пайдалану жөніндегі қағидаларды бұзу –
шағын кәсiпкерлiк субъектiлерiне – отыз, орта кәсiпкерлiк субъектiлерiне –
елу, iрi кәсiпкерлiк субъектiлерiне бір жүз елу айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
346-бап. Көмірсутек шикізатын қоспағанда, жер қойнауын
пайдалану жөніндегі операцияларды жүргізуге
арналған жобалау құжаттарының көрсеткіштерін
сақтамау
Көмірсутек шикізатын қоспағанда, жер қойнауын пайдалану жөніндегі
операцияларды жүргізуге арналған жобалау шешімдерін сақтамау –
шағын кәсiпкерлiк субъектiлерiне – отыз, орта кәсiпкерлiк субъектiлерiне –
елу, iрi кәсiпкерлiк субъектiлерiне екі жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
347-бап. Жер қойнауын пайдалану және минералдық шикiзатты
өңдеу кезiнде экологиялық нормалар мен
қағидаларды бұзу
1. Жер қойнауын пайдалану және минералдық шикiзатты өңдеу кезiнде экологиялық
нормалар мен қағидаларды бұзу, егер бұл іс-әрекет елеулi залал келтiруге әкеп
соқпаса, –
ескерту жасауға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
жеке тұлғаларға – он бес, шағын кәсiпкерлiк субъектiлерiне – отыз, орта
кәсiпкерлiк субъектiлерiне елу айлық есептiк көрсеткiш мөлшерiнде, iрi кәсiпкерлiк
субъектiлерiне қоршаған ортаға келтiрiлген зиян сомасы мөлшерiнде айыппұл салуға
әкеп соғады.
348-бап. Пайдалы қазбалардың қорларына мемлекеттік
сараптама жүргізбей өндіру жөніндегі жұмыстарды
жүргізу
Пайдалы қазбалардың қорларына мемлекеттік сараптама жүргізбей өндіру
жөніндегі жұмыстарды жүргізу –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
349-бап. Минералдық шикiзатты өндiру мен өңдеудi есепке
алу бойынша бастапқы және мемлекеттiк
есептілікті бұрмалау
Минералдық шикiзатты өндiру мен өңдеудi есепке алу бойынша бастапқы және
мемлекеттiк есептілікті бұрмалау –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
350-бап. Кен орындарын игеру кезінде сыртқа шығарылатын
және жер қойнауында айналыстан шыққан негізгі
және онымен бірге жерде жатқан пайдалы қазбалар
қорларын және қосалқы компоненттерді, оның
ішінде минералдық шикізатты өңдеу өнімдері мен
өндіріс қалдықтарын анық есепке алуды қамтамасыз
етпеу
Кен орындарын игеру кезінде сыртқа шығарылатын және жер қойнауында айналыстан
шыққан негізгі және онымен бірге жерде жатқан пайдалы қазбалар қорларын және
қосалқы компоненттерді, оның ішінде минералдық шикізатты өңдеу өнімдері мен өндіріс
қалдықтарын анық есепке алуды қамтамасыз етпеу –
жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
351-бап. Өндiрiс және тұтыну қалдықтарын есепке алу,
кәдеге жарату және залалсыздандыру қағидаларын
бұзу
Өндiрiс және тұтыну қалдықтарын есепке алу, кәдеге жарату және
залалсыздандыру қағидаларын бұзу –
шағын кәсiпкерлiк субъектiлерiне – он, орта кәсiпкерлiк субъектiлерiне –
жиырма, iрi кәсiпкерлiк субъектiлерiне екі жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
352-бап. Тау-кен қазбалары мен бұрғылау ұңғымаларын
олардың сақталуын және халықтың қауiпсiздiгiн
қамтамасыз ететiн жай-күйге келтiру жөніндегі
талаптарды бұзу
Маркшейдерлiк құжаттаманы жоғалту, жойылатын немесе консервацияланатын тау-
кен қазбалары мен бұрғылау ұңғымаларын халықтың қауiпсiздiгiн қамтамасыз ететiн
жай-күйге келтiру жөнiндегi талаптарды, сондай-ақ консервациялау уақытында тау-кен
қазбалары мен бұрғылау ұңғымаларын сақтау жөнiндегi талаптарды бұзу –
лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне – жиырма, орта
кәсiпкерлiк субъектiлерiне – отыз, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
353-бап. Жер қойнауын пайдалану объектiлерiн жою және
консервациялау жөнiндегi талаптарды бұзу
Жер қойнауын пайдалану объектiлерiн жою және консервациялау жөнiндегi
талаптарды бұзу –
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – отыз,
орта кәсiпкерлiк субъектiлерiне – елу, iрi кәсiпкерлiк субъектiлерiне бір жүз елу
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
354-бап. Жер қойнауын қорғауды мемлекеттiк бақылау
органдарына минералдық шикiзатты пайдалану
туралы ақпаратты ұсынудан бас тарту немесе
жалтару
Жер қойнауын қорғауды мемлекеттiк бақылау органдарына жер қойнауын
пайдаланудың, өндiрiлген және қайта өңделген минералдық шикiзаттың жай-күйi туралы
уақтылы, толық және анық ақпаратты беруден бас тарту немесе жалтару –
шағын кәсiпкерлiк субъектiлерiне – алты, орта кәсiпкерлiк субъектiлерiне –
он, iрi кәсiпкерлiк субъектiлерiне қырық айлық есептiк көрсеткiш мөлшерінде айыппұл
салуға әкеп соғады.
355-бап. Лауазымды адамдардың Қазақстан Республикасының
жер қойнауы және жер қойнауын пайдалану туралы
заңнамасының бұзылуына әкеп соғатын нұсқаулар
немесе рұқсаттар беруi
Лауазымды адамдардың Қазақстан Республикасының жер қойнауы және жер қойнауын
пайдалану туралы заңнаманың бұзылуына әкеп соғатын нұсқаулар немесе рұқсаттар беруi
–
жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
356-бап. Жер қойнауын пайдалану жөніндегі операциялар
жүргiзу қағидаларын бұзу
Ескерту. Тақырып жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен (алғашқы
ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа
енгiзiледi).
1. Жер қойнауын пайдалану жөніндегі операциялар жүргiзу қағидаларын, сондай-
ақ жер қойнауын пайдалануға арналған келiсiмшарттардың талаптарын бұзу –
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – алпыс
бес, орта кәсiпкерлiк субъектiлерiне – бір жүз, iрi кәсiпкерлiк субъектiлерiне бір
жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Жер қойнауын пайдалануға арналған келiсiмшарттың қоршаған ортаны қорғау
мәселелерi жөнiндегi экологиялық талаптары мен шарттарын орындамау -
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – алпыс
бес, орта кәсiпкерлiк субъектiлерiне – бір жүз, iрi кәсiпкерлiк субъектiлерiне бір
жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Қазақстан Республикасының жер қойнауы және жер қойнауын пайдалану туралы
заңнамасында көзделген мұнай операцияларын жүргізу шарттарын бұзу, сондай-ақ өндіру
жөніндегі жұмыстарды жүргізуге арналған іздестіру, бағалау жұмыстары жобаларының
және жобалау құжаттарының талаптарын бұзу –
шағын кәсiпкерлiк субъектiлерiне – бір жүз елу, орта кәсiпкерлiк
субъектiлерiне – үш жүз, iрi кәсiпкерлiк субъектiлерiне бір мың айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
4. Белгіленген тәртіппен бекітілген іздестіру жұмыстарының жобасынсыз,
бағалау жұмыстарының жобасынсыз және өндіру жөніндегі жұмыстарды жүргізуге арналған
жобалау құжатынсыз іздестіру, бағалау жұмыстарын және өндіру жөніндегі жұмыстарды
жүргізу –
шағын кәсiпкерлiк субъектiлерiне – екі жүз елу, орта кәсiпкерлiк
субъектiлерiне – бес жүз, iрi кәсiпкерлiк субъектiлерiне екі мың айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
5. Авариялық жағдайлар қатері төнген немесе туындаған, персоналдың өміріне
немесе халықтың денсаулығына және қоршаған ортаға қатер төнген жағдайларды
қоспағанда, мұнай және газ саласындағы уәкілетті органның рұқсатынсыз немесе рұқсат
шарттарын сақтамастан, ілеспе және (немесе) табиғи газды жағу –
шағын кәсiпкерлiк субъектiлерiне – екі жүз елу, орта кәсiпкерлiк
субъектiлерiне – бес жүз, iрi кәсiпкерлiк субъектiлерiне екі мың айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
6. Жер қойнауын пайдаланушының ілеспе және (немесе) табиғи газды кәдеге
асырусыз және (немесе) қайта өңдеусіз көмірсутек шикізатын өндіру жөніндегі
жұмыстарды жүргізуі –
шағын кәсiпкерлiк субъектiлерiне – екі жүз елу, орта кәсiпкерлiк
субъектiлерiне – бес жүз, iрi кәсiпкерлiк субъектiлерiне екі мың айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
7. Көмірсутегін өндіру, дайындау, сақтау және оны өндіру және сақтау орнынан
магистральдық құбыржолға және (немесе) көліктің басқа түріне қайта тиеу орнына
дейін тасымалдау үшін қажет, қажетті кәсiпшiлiк объектілерін және өзге де
инфрақұрылым объектілерін салу кезінде белгіленген тәртіппен бекітілген жобалық
құжаттамадан ауытқуы –
шағын кәсiпкерлiк субъектiлерiне – екі жүз елу, орта кәсiпкерлiк
субъектiлерiне – бес жүз, iрi кәсiпкерлiк субъектiлерiне екі мың айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
8. Заңнамада белгіленген талаптарды бұза отырып, ұңғымаларды пайдалану –
шағын кәсiпкерлiк субъектiлерiне – бір жүз елу, орта кәсiпкерлiк
субъектiлерiне – үш жүз, iрi кәсiпкерлiк субъектiлерiне бір мың айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
9. «Жер қойнауы және жер қойнауын пайдалану туралы» Қазақстан Республикасының
Заңында көзделген жағдайларды қоспағанда, теңізде мұнай және газ саласындағы
уәкілетті органның рұқсатынсыз немесе рұқсатының шарттарын сақтамастан мұнай
операцияларын жүргізу –
шағын кәсiпкерлiк субъектiлерiне – екі жүз елу, орта кәсiпкерлiк
субъектiлерiне – бес жүз, iрi кәсiпкерлiк субъектiлерiне екі мың айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
10. Теңізде ғылыми зерттеулер жүргізу тәртібін бұзу –
шағын кәсiпкерлiк субъектiлерiне – бір жүз елу, орта кәсiпкерлiк
субъектiлерiне – үш жүз, iрi кәсiпкерлiк субъектiлерiне бес жүз айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
11. Теңізде мұнай операцияларын жүзеге асыратын жер қойнауын пайдаланушыда,
теңізге мұнайдың төгілуі тәуекелімен байланысты теңіздегі қызметін жүзеге асыратын
жеке немесе заңды тұлғада мұнай төгілуінің алдын алу және оны жою жөніндегі ұйымның
бекітілген жоспарының болмауы –
жеке тұлғаларға – бір жүз елу, шағын кәсiпкерлiк субъектiлерiне – екі жүз,
орта кәсiпкерлiк субъектiлерiне – төрт жүз, iрi кәсiпкерлiк субъектiлерiне екі мың
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
12. Теңізге бірінші және екінші деңгейлердегі мұнайдың төгілуі салдарын жою
үшін қажетті өзінің жеке материалдары мен жабдықтарынсыз не мамандандырылған
ұйыммен жасасылған шартсыз теңізде мұнай операцияларын жүргізу –
жеке тұлғаларға – бір жүз елу, шағын кәсiпкерлiк субъектiлерiне – екі жүз,
орта кәсiпкерлiк субъектiлерiне – төрт жүз, iрi кәсiпкерлiк субъектiлерiне екі мың
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
13. Осы баптың сегізiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған іс-әрекет –
шағын кәсiпкерлiк субъектiлерiне – екі жүз елу, орта кәсiпкерлiк
субъектiлерiне – бес жүз, iрi кәсiпкерлiк субъектiлерiне екі мың айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
14. Осы баптың төртінші, бесiншi, алтыншы және тоғызыншы бөлiктерiнде
көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған іс-
әрекеттер –
қызметін немесе қызметтің жекелеген түрлерін тоқтата тұруға немесе оған тыйым
салуға әкеп соғады.
Ескерту. 356-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен (алғашқы
ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа
енгiзiледi).
357-бап. Табиғат пайдалану жөнiндегi заңсыз мәмiлелердi
тiркеу
Табиғат пайдалану жөнiндегi көрiнеу заңсыз мәмiлелердi тiркеу, табиғи
ресурстарды мемлекеттiк есепке алу мен олардың мемлекеттiк кадастрларының
деректерiн бұрмалау, сол сияқты табиғи ресурстарды пайдаланғаны, қоршаған ортаны
ластағаны, табиғи ресурстарды қорғағаны және молықтырғаны үшiн төлемдi қасақана
төмендету, егер бұл іс-әрекеттердi лауазымды адам өзiнiң қызмет бабын пайдалана
отырып, пайдакүнемдік немесе өзге де жеке мүддесi үшiн жасаса, –
бес жүз айлық есептiк көрсеткiш мөлшерінде айыппұл салуға не отыз тәулікке
дейін әкімшілік қамаққа алуға әкеп соғады.
358-бап. Су ресурстарын қорғау қағидаларын бұзу
1. Судың ластануын және қоқыстануын немесе олардың зиянды әсерiн болғызбайтын
құрылыстар мен құрылғыларсыз, кәсiпорындарды, коммуналдық және басқа да
объектiлердi пайдалануға беру –
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – отыз,
орта кәсiпкерлiк субъектiлерiне – елу, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Суды ластанудан, қоқыстанудан және сарқылудан қорғауды, сондай-ақ су
режимiнің жай-күйiн жақсартуды қамтамасыз ететiн гидротехникалық, технологиялық,
орман-мелиорациялық, санитариялық және басқа да iс-шараларды жүргiзбеу –
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – жиырма
бес, орта кәсiпкерлiк субъектiлерiне – жетпіс, iрi кәсiпкерлiк субъектiлерiне бір
жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
359-бап. Су шаруашылығы құрылыстарын, құрылғыларын және
сумен жабдықтаудың өртке қарсы жүйелерiн
бүлдіру, оларды пайдалану қағидаларын бұзу
1. Су шаруашылығы құрылыстары мен құрылғыларын, суды тұтыну мен ағызуды
есепке алуға арналған өлшеу құралдарын, сондай-ақ сумен жабдықтаудың өртке қарсы
жүйелерiн бүлдіру –
жеке тұлғаларға – он, лауазымды адамдарға жиырма бес айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Су шаруашылығы құрылыстары мен құрылғыларын пайдалану қағидаларын бұзу –
лауазымды адамдарға жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
360-бап. Су қорғау аймақтарында және су объектілері
белдеулерінде заңсыз құрылыс салу
1. Ғимараттарды, құрылыстарды және басқа да объектiлердi су қорғау
аймақтарында және белдеулерінде заңсыз салу, сондай-ақ өзеннің табиғи арнасын
заңсыз өзгерту –
заңсыз тұрғызылып жатқан немесе тұрғызылған құрылысты мәжбүрлеп бұза отырып,
жеке тұлғаларға – жиырма, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес
ұйымдарға – қырық бес, орта кәсiпкерлiк субъектiлерiне – жетпіс, iрi кәсiпкерлiк
субъектiлерiне екі жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
2. Суда ұңғыманы заңсыз бұрғылау және жерасты суларының су тарту құрылыстарын
заңсыз салу –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – қырық, орта кәсiпкерлiк субъектiлерiне – елу бес, iрi кәсiпкерлiк
субъектiлерiне бір жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
361-бап. Судың бастапқы есебiн жүргiзу және оларды
пайдалану қағидаларын бұзу
Судың бастапқы есебiн жүргiзу және оларды пайдалану қағидаларын бұзу –
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – отыз,
орта кәсiпкерлiк субъектiлерiне – елу, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
362-бап. Су ресурстарын есепке алу мен есептілік
деректерiн бұрмалау
Су кадастрын есепке алу мен есептілік деректерiн, су ресурстарын кешендi
пайдалану мен қорғау схемаларын бұрмалау, сондай-ақ оларды Қазақстан
Республикасының заңнамасында белгіленген мерзімде ұсынбау –
лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – жиырма, орта кәсiпкерлiк субъектiлерiне –
отыз, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
363-бап. Су ресурстарын реттеуге кедергi келтіру
Су ресурстарын кешендi пайдалану, экология және су бөлу мүдделерi үшін оларды
реттеуге кедергi келтіру –
жеке тұлғаларға – он, лауазымды адамдарға жиырма айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
364-бап. Ортақ су пайдалану қағидаларын бұзу
1. Ортақ су пайдалану қағидаларын:
1) тыйым салынған жерлерде шомылу, ауыз су және тұрмыстық қажеттіліктерге су
алу, мал суару, шағын көлемді кемелермен және басқа да жүзетін құралдармен жүзу;
2) жеке және заңды тұлғалардың ортақ су пайдаланудағы су объектілеріне
халықтың кіруін қоршаулар, күзет пункттерін, тыйым салатын белгілер орнату жолымен
шектеу түрінде жасалған бұзушылық –
жеке және заңды тұлғаларға ескерту жасауға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекеттер –
жеке тұлғаларға – екі, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – он, орта кәсiпкерлiк субъектiлерiне – жиырма бес, iрi кәсiпкерлiк
субъектiлерiне алпыс айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
365-бап. Белгіленген су сервитуттарын бұзу
1. Белгіленген су сервитуттарын бұзу -
жеке және заңды тұлғаларға ескерту жасауға әкеп соғады
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекеттер –
жеке тұлғаларға – екі, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – он, орта кәсiпкерлiк субъектiлерiне – жиырма бес, iрi кәсiпкерлiк
субъектiлерiне алпыс айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
366-бап. Орман қоры жерлерінде заңсыз тегістеу,
құрылыстар тұрғызу, сүректі қайта өңдеу,
қоймалар орналастыру
Орман қоры жерлерінде заңсыз тегістеу, құрылыстар тұрғызу, сүректi қайта
өңдеу, қоймалар орналастыру –
ескерту жасауға немесе жеке тұлғаларға – бес, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – он, орта кәсiпкерлiк
субъектiлерiне – он бес, iрi кәсiпкерлiк субъектiлерiне бір жүз елу айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
367-бап. Ормандарда өрт қауiпсiздiгi талаптары мен
санитариялық қағидаларды бұзу
1. Ормандарда өрт қауiпсiздiгi талаптары мен санитариялық қағидаларды бұзу –
жеке тұлғаларға – он, лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне –
отыз, орта кәсiпкерлiк субъектiлерiне – елу, iрi кәсiпкерлiк субъектiлерiне бір жүз
елу айлық есептік мөлшерінде айыппұл салуға әкеп соғады.
2. Өрттiң шығуына, адамның денсаулығына және қоршаған ортаға зиян келтiруге
әкеп соққан дәл сол іс-әрекет, егер бұл әрекет ірі залал келтірмесе, –
жеке тұлғаларға – жиырма бес, лауазымды адамдарға, шағын кәсiпкерлiк
субъектiлерiне – қырық бес, орта кәсiпкерлiк субъектiлерiне – жетпіс, iрi
кәсiпкерлiк субъектiлерiне екі жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
3. Осы баптың бiрiншi және екiншi бөлiктерiнде көзделген, ерекше қорғалатын
табиғи аумақтарда жасалған әрекеттер –
жеке тұлғаларға – бір жүз, лауазымды адамдарға, шағын кәсiпкерлiк
субъектiлерiне – екі жүз елу, орта кәсiпкерлiк субъектiлерiне – төрт жүз, iрi
кәсiпкерлiк субъектiлерiне бір мың бес жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
368-бап. Кеспеағаш қорын пайдаланудың, сүрек дайындау мен
әкетудiң, шайыр мен ағаш шырындарын, қосалқы
орман материалдарын алудың белгiленген тәртiбiн
бұзу
1. Кеспеағаш қорын пайдаланудың, сүрек дайындау мен әкетудiң, шайыр мен ағаш
шырындарын, қосалқы орман материалдарын алудың белгiленген тәртiбiн бұзу –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне – отыз, орта
кәсiпкерлiк субъектiлерiне – елу, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Ерекше қорғалатын табиғи аумақтарда жасалған дәл сол әрекет –
ескерту жасауға немесе жеке тұлғаларға – жиырма, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – қырық бес, орта кәсiпкерлiк
субъектiлерiне – жетпіс, iрi кәсiпкерлiк субъектiлерiне екі жүз елу айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
369-бап. Орман қорының және ерекше қорғалатын табиғи
аумақтардың уақытша алынған учаскелерiн қайтару
мерзiмдерiн бұзу
1. Мемлекеттiк орман қорының уақытша алынған учаскелерiн қайтару мерзiмдерiн
бұзу немесе оларды мақсатына қарай пайдалану үшiн жарамды күйге келтiру жөнiндегi
мiндеттердi орындамау –
ескерту жасауға немесе жеке тұлғаларға – үш, шағын кәсiпкерлiк субъектiлерiне
немесе коммерциялық емес ұйымдарға – он бес, орта кәсiпкерлiк субъектiлерiне –
жиырма бес, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Ерекше қорғалатын табиғи аумақтарда жасалған дәл сол әрекеттер –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – отыз, орта кәсiпкерлiк субъектiлерiне – елу, iрi кәсiпкерлiк
субъектiлерiне екі жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
370-бап. Орман қоры жерлерiндегі шабындықтар мен
жайылымдық алқаптарды бүлдiру, сондай-ақ заңсыз
шөп шабу және мал жаю, дәрiлiк өсiмдiктер мен
техникалық шикiзатты жинау
1. Орман қоры жерлерiндегі шабындықтар мен жайылымдық алқаптарды бүлдiру –
ескерту жасауға немесе жеке тұлғаларға екi айлық есептiк көрсеткiш мөлшерінде
айыппұл салуға әкеп соғады.
2. Ормандар мен орман қоры жерлерiнде заңсыз шөп шабу және мал жаю –
ескерту жасауға немесе жеке тұлғаларға үш айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
3. Дәрiлiк өсiмдiктер мен техникалық шикiзатты тыйым салынған немесе орман
билетiмен ғана жол берілген учаскелерде заңсыз жинау –
ескерту жасауға немесе жеке тұлғаларға үш айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
4. Осы баптың бiрiншi, екінші және үшiншi бөлiктерiнде көзделген, ерекше
қорғалатын табиғи аумақтарда жасалған әрекеттер –
жеке тұлғаларға жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
371-бап. Ағашы кесiлген жерлерге және орманды қалпына
келтiру мен орман өсiруге арналған орман қорының
басқа да санаттағы жерлеріне ағаш отырғызудың
тәртiбiн және мерзiмдерiн бұзу
Ағашы кесiлген жерлерге және орманды қалпына келтiру мен орман өсiруге
арналған орман қорының басқа да санаттағы жерлеріне ағаш отырғызудың тәртiбiн және
мерзiмдерiн бұзу –
ескерту жасауға немесе лауазымды адамдарға он айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
372-бап. Орман фаунасын жою немесе бүлдіру, сондай-ақ
орманды қалдықтармен, химиялық заттармен
бүлдiру, ластау және орман қорының жерлерiне
өзге де залал келтiру
1. Орман фаунасын жою немесе бүлдіру –
жеке тұлғаларға – бес, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – он, орта кәсiпкерлiк субъектiлерiне – жиырма, iрi кәсiпкерлiк
субъектiлерiне екі жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
2. Орманның қурап қалуына немесе ауруына не ластануына әкеп соғатын сарқынды
сулармен, химиялық заттармен, өнеркәсiптiк және тұрмыстық шығарындылармен,
қалдықтармен және төгiндiлермен орманды бүлдiру –
жеке тұлғаларға – бес, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – отыз бес, орта кәсiпкерлiк субъектiлерiне – жетпіс, iрi
кәсiпкерлiк субъектiлерiне төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
3. Орман қоры жерлерiндегi орман құрғататын жыраларды, дренаж жүйелерi мен
жолдарды жою немесе бүлдiру –
жеке тұлғаларға бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
4. Осы баптың бiрiншi, екінші және үшiншi бөлiктерiнде көзделген, ерекше
қорғалатын табиғи аумақтарда жасалған әрекеттер –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – елу бес, орта кәсiпкерлiк субъектiлерiне – бір жүз, iрi
кәсiпкерлiк субъектiлерiне бес жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
373-бап. Орман пайдалануды рұқсаттама құжаттарында
көзделген мақсаттарға немесе талаптарға сәйкес
келмейтiн ретпен жүзеге асыру
1. Орман пайдалануды рұқсаттама құжаттарында көзделген мақсаттарға немесе
талаптарға сәйкес келмейтiн ретпен жүзеге асыру –
жеке тұлғаларға – үш, шағын кәсiпкерлiк субъектiлерiне – бес, орта
кәсiпкерлiк субъектiлерiне – он, iрi кәсiпкерлiк субъектiлерiне қырық айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Ерекше қорғалатын табиғи аумақтарда жасалған дәл сол әрекет –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне – жиырма, орта
кәсiпкерлiк субъектiлерiне – отыз, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
374-бап. Ормандардың жай-күйiне және оларды молықтыруға
зиянды ықпал етуге әкеп соққан объектiлерді салу
және пайдалану
1. Ормандардың жай-күйiне және оларды молықтыруға зиянды ықпал етуге әкеп
соққан объектiлерді салу және пайдалану –
жеке тұлғаларға – бес, шағын кәсiпкерлiк субъектiлерiне – он, орта
кәсiпкерлiк субъектiлерiне – он бес, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Ерекше қорғалатын табиғи аумақтарда жасалған дәл сол әрекеттер –
жеке тұлғаларға – жиырма, лауазымды адамдарға, шағын кәсiпкерлiк
субъектiлерiне – отыз бес, орта кәсiпкерлiк субъектiлерiне – елу, iрi кәсiпкерлiк
субъектiлерiне төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
375-бап. Кеспеағаш аймағын бөлудің және таксациялаудың
белгiленген тәртiбiн бұзу
Кеспеағаш аймағын бөлудің және таксациялаудың тәртiбiн бұзу –
ескерту жасауға немесе лауазымды адамдарға он айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
376-бап. Сүректi есептiк кеспеағаштан асып кететін
мөлшерде дайындауға жол беру
Сүректi есептiк кеспеағаштан асып кететін мөлшерде дайындауға жол беру –
лауазымды адамдарға үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
377-бап. Пестицидтерді (улы химикаттарды) және басқа да
препараттарды заңсыз тасымалдау, сақтау және
қолдану
1. Осы Кодекстің 416-бабында көзделген жағдайларды қоспағанда, пестицидтерді
(улы химикаттарды) және қоршаған ортаны ластауға не жануарлар дүниесiне залал
келтiруге әкеп соққан немесе әкеп соғуы мүмкiн басқа да препараттарды заңсыз
тасымалдау, сақтау және қолдану –
ескерту жасауға немесе жеке тұлғаларға – бес, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – жиырма бес, орта кәсiпкерлiк
субъектiлерiне – елу, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Ерекше қорғалатын табиғи аумақтарда жасалған дәл сол әрекеттер –
жеке тұлғаларға – он бес, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – елу, орта кәсiпкерлiк субъектiлерiне – бір жүз, iрi
кәсiпкерлiк субъектiлерiне екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
378-бап. Өсiмдiктер өсетiн жерлер мен жануарлардың
мекендеу ортасын қорғау қағидаларын, зоологиялық
коллекцияларды жасау, сақтау, есепке алу және
пайдалану қағидаларын бұзу, сол сияқты
жануарларды заңсыз қоныс аударту, жерсiндiру,
керi жерсiндiру және шағылыстыру
1. Өсiмдiктер өсетiн жерлер мен жануарлардың мекендеу ортасын қорғау
қағидаларын, жануарлардың көбею жағдайларын, өріс аудару жолдары мен шоғырлану
орындарын, зоологиялық және ботаникалық коллекцияларды жасау, сақтау, есепке алу
мен пайдалану қағидаларын бұзу, сол сияқты жануарларды заңсыз қоныс аударту,
жерсiндiру, керi жерсiндiру мен шағылыстыру –
ескерту жасауға немесе жеке тұлғаларға – сегіз, лауазымды адамдарға, шағын
кәсiпкерлiк субъектiлерiне – он төрт, орта кәсiпкерлiк субъектiлерiне – жиырма, iрi
кәсiпкерлiк субъектiлерiне алпыс айлық есептiк көрсеткiш мөлшерінде айыппұл салуға
әкеп соғады.
2. Ерекше қорғалатын табиғи аумақтарда жасалған дәл сол әрекеттер –
ескерту жасауға немесе жеке тұлғаларға – он бес, лауазымды адамдарға, шағын
кәсiпкерлiк субъектiлерiне – отыз, орта кәсiпкерлiк субъектiлерiне – елу, iрi
кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
379-бап. Елдi мекендердi, кәсiпорындарды және басқа да
объектiлердi орналастыру, жобалау және салу,
өндiрiстік процестерді жүзеге асыру және көлiк
құралдарын пайдалану, өсiмдiктерді қорғау
құралдарын, минералдық тыңайтқыштарды және басқа
да препараттарды қолдану кезiнде өсiмдiктер мен
жануарларды қорғау іс-шараларын бұзу
Осы Кодекстің 416-бабында көзделген жағдайларды қоспағанда, елді мекендерді,
кәсiпорындарды және басқа да объектiлердi орналастыру, жобалау және салу,
өндiрiстік процестерді жүзеге асыру және көлiк құралдарын пайдалану, өсiмдiктерді
қорғау құралдарын, минералдық тыңайтқыштарды және басқа да препараттарды қолдану
кезiнде өсiмдiктер мен жануарларды қорғау іс-шараларын бұзу –
ескерту жасауға немесе жеке тұлғаларға – сегіз, лауазымды адамдарға, шағын
кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – он төрт, орта
кәсiпкерлiк субъектiлерiне – жиырма, iрi кәсiпкерлiк субъектiлерiне жетпіс айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
380-бап. Жеке тұлғалардың ерекше қорғалатын табиғи
аумақтардың жекелеген түрлерiнде болу тәртiбiн
бұзу
Жеке тұлғалардың мемлекеттiк табиғи қорықтардың, мемлекеттiк ұлттық табиғи
парктердің, мемлекеттiк табиғи резерваттардың, мемлекеттiк табиғи парктердің
аумақтарына арнайы рұқсатсыз және бару үшiн белгiленген орындардан тыс жерлерде
болуы –
ескерту жасауға немесе екi айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
381-бап. Селекциялық-генетикалық мақсаттағы объектiлердi
бүлдіру немесе жою
Селекциялық-генетикалық мақсаттағы объектiлердi: артықшылығы бар ағаштарды,
артықшылығы бар ағаштардың мұрағаттық клондарын, географиялық дақылдарды,
популяциялар мен будандардың сынақ дақылдарын, орман тұқымы плантацияларындағы
ағаштар мен бұталарды, тұрақты орман тұқымы учаскелеріндегі ағаштар мен бұталарды,
артықшылығы бар екпелердегі ағаштар мен бұталарды бүлдіру немесе жою –
ескерту жасауға немесе жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне
немесе коммерциялық емес ұйымдарға – қырық, орта кәсіпкерлік субъектілеріне –
жетпіс, iрi кәсiпкерлiк субъектiлерiне үш жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
382-бап. Жануарлар дүниесiн пайдалану талаптарын және аң
аулау қағидаларын бұзу
1. Қылмыстық жазаланатын іс-әрекет белгiлерi жоқ, жануарлар дүниесiн
пайдалану талаптарын және (немесе) аң аулау қағидаларын бұзу –
ескерту жасауға немесе жеке тұлғаларға – бес, шағын кәсiпкерлiк
субъектiлерiне – жиырма бес, орта кәсіпкерлік субъектілеріне – елу, iрi кәсiпкерлiк
субъектiлерiне бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған дәл сол бұзушылық –
жануарларды аулау құралдары, көлiк құралдары және көрсетілген бұзушылықты
жасау құралы болған өзге де заттар тәркілене отырып, жеке тұлғаларға – он бес,
шағын кәсiпкерлiк субъектiлерiне – алпыс бес, орта кәсіпкерлік субъектілеріне – бір
жүз, iрi кәсiпкерлiк субъектiлерiне екi жүз айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға не аң аулау құқығынан екi жылға дейiнгi мерзiмге айыруға әкеп
соғады.
3. Осы баптың бiрiншi бөлiгiнде көзделген, ерекше қорғалатын табиғи
аумақтарда жасалған әрекет –
әкімшілік құқық бұзушылық заттары және (немесе) құралы тәркiлене отырып, жеке
тұлғаларға – жетпіс, шағын кәсiпкерлiк субъектiлерiне – бір жүз он, орта
кәсіпкерлік субъектілеріне – бір жүз елу, iрi кәсiпкерлiк субъектiлерiне бір мың
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға не аң аулау құқығынан екi жылға
дейiнгi мерзiмге айыруға әкеп соғады.
383-бап. Балық аулау және балық ресурстары мен басқа да
су жануарларын қорғау қағидаларын бұзу
1. Балық аулау қағидаларын, сондай-ақ балық ресурстары мен басқа да су
жануарларын пайдаланудың басқа да түрлерiн жүзеге асыру қағидаларын қылмыстық
жазаланатын іс-әрекет белгiлерi жоқ бұзушылық –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне – отыз, орта
кәсіпкерлік субъектілеріне – елу, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
жеке тұлғаларға – жиырма, шағын кәсiпкерлiк субъектiлерiне – елу, орта
кәсіпкерлік субъектілеріне – жетпіс, iрi кәсiпкерлiк субъектiлерiне бір жүз елу
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
3. Әуесқойлық (спорттық) балық аулауды қоспағанда, тыйым салынған мерзiмдерде
тыйым салынған құралдармен немесе тәсiлдермен, тыйым салынған жерлерде балық аулау
қағидаларын, сондай-ақ балық ресурстарын және басқа да су жануарларын пайдаланудың
басқа да түрлерiн жүзеге асыру қағидаларын қылмыстық жазаланатын іс-әрекет
белгiлерi жоқ өрескел бұзу –
әкімшілік құқық бұзушылық заттары және (немесе) құралы тәркiлене отырып
немесе онсыз, жеке тұлғаларға – жиырма, шағын кәсiпкерлiк субъектiлерiне – алпыс,
орта кәсіпкерлік субъектілеріне – бір жүз, iрi кәсiпкерлiк субъектiлерiне екі жүз
елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
4. Осы баптың үшінші бөлігінде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн
бiр жыл iшiнде қайталап жасалған әрекет –
әкімшілік құқық бұзушылық заттары және (немесе) құралдары тәркiлене отырып
немесе онсыз, жеке тұлғаларға – қырық, шағын кәсiпкерлiк субъектiлерiне – сексен,
орта кәсіпкерлік субъектілеріне – бір жүз жиырма, iрi кәсiпкерлiк субъектiлерiне үш
жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
5. Балықтың су тарту құрылыстарына түсуінен қорғау үшін арнайы бейімделген
құрылғыларды орнатпай, балық шаруашылығының су айдындарынан су тарту –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне – отыз, орта
кәсіпкерлік субъектілеріне – жетпіс, iрi кәсiпкерлiк субъектiлерiне бір жүз елу
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
384-бап. Балық ресурстары мен басқа да су жануарларын
қорғау, өсімін молайту және пайдалану
саласындағы заңнаманың талаптарын бұзу
Балық ресурстары мен басқа да су жануарларын қорғау, өсімін молайту және
пайдалану саласындағы заңнаманың талаптарын:
1) белгіленген нормативтерден асып түсетін зиянды заттарды тастауға жол беру;
2) жаңа және реконструкцияланатын объектілерді судың зиянды әсерін, ластануы
мен қоқыстануын болғызбайтын құрылыстармен және құрылғылармен қамтамасыз етпеу;
3) тазарту құрылыстары мен санитариялық-қорғау аймақтары жоқ мал шаруашылығы
фермаларын және басқа да өндірістік кешендерді пайдалану;
4) мұнай, химиялық және басқа да өнімдерді тасымалдайтын және сақтайтын
құрылыстар мен құрылғыларды судың ластануын болғызбайтын құралдармен жабдықтамай,
оларды пайдалану;
5) су объектілерінің су жинау алаңында улы химикаттарды, тыңайтқыштарды
қолдану;
6) су объектілеріне радиоактивті және уытты заттарды тастау және көму;
7) тазарту құрылыстары жоқ және нормативтерге сәйкес тиімді тазартуды
қамтамасыз етпейтін өнеркәсіп, тамақ объектілерінің сарқынды суларын су
объектілеріне ағызу;
8) су объектілерінде және су шаруашылығы құрылыстарында қоршаған ортаға қатер
төндіретін техника мен технологияларды қолдану;
9) су объектілеріне қатты, өндірістік, тұрмыстық және басқа да қалдықтарды
тастау және оларда көму;
10) су объектілерінің су жинау алаңдарын, су объектілерінің мұз қабатын,
мұздықтарды қатты, өндірістік, тұрмыстық және шайылу кезінде жерүсті су
объектілерінің сапасын нашарлатуға әкеп соғатын басқа да қалдықтармен қоқыстау
түрінде жасалған бұзушылық, егер бұл әрекетте қылмыстық жазаланатын іс-әрекет
белгілері болмаса, –
жеке тұлғаларға – он, лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне –
отыз, орта кәсіпкерлік субъектілеріне – елу, iрi кәсiпкерлiк субъектiлерiне бір жүз
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
385-бап. Аңшылық шаруашылығын жүргізу қағидаларын бұзу
1. Аңшылық шаруашылығын жүргізу қағидаларын:
1) аңшылық алқаптарда болуды заңсыз шектеу;
2) аң аулаудың тыйым салынған түрлерін, тәсілдерін және мерзімдерін қолдану;
3) бекітіліп берілген аңшылық алқаптарда және балық шаруашылығының су
айдындарында жануарлар дүниесін қорғауды, молайтуды және пайдалануды ұйымдастыруды
қамтамасыз етпеу түрінде жасалған бұзушылық, егер бұл әрекетте қылмыстық
жазаланатын іс-әрекет белгілері болмаса, –
жеке тұлғаларға – үш, лауазымды адамдарға жиырма айлық есептік көрсеткіш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде үш және одан да көп рет қайталап жасалған әрекет, егер бұл
әрекетте қылмыстық жазаланатын іс-әрекет белгілері болмаса, –
жеке тұлғаларға – бес, лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне
– жиырма, орта кәсіпкерлік субъектілеріне – қырық, iрi кәсiпкерлiк субъектiлерiне
бір жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға не аңшылық шаруашылық
жүргізу құқығынан айыруға әкеп соғады.
386-бап. Жасыл екпелерді күтiп-ұстау және қорғау
қағидаларын бұзу
Облыстардың, республикалық маңызы бар қаланың және астананың жергiлiктi
өкiлдi органдары белгiлейтін жасыл екпелердi күтiп-ұстау және қорғау қағидаларын
бұзу –
ескерту жасауға немесе жеке тұлғаларға – он бес, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – отыз, орта кәсіпкерлік
субъектілеріне – елу, iрi кәсiпкерлiк субъектiлерiне бір жүз елу айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
387-бап. Ағаш кесілген жерлерді кесілген ағаш
қалдықтарынан уақтылы тазартпау, орман
соқпақтары мен кеспеағаш аймағына іргелес
аумақтарды қоқыстау
1. Ағаш кесілген жерлерді кесілген ағаш қалдықтарынан уақтылы тазартпау,
орман соқпақтары мен кеспеағаш аймағына іргелес аумақтарды қоқыстау –
ескерту жасауға немесе жеке тұлғаларға – бес, шағын кәсiпкерлiк
субъектiлерiне – он екі, орта кәсіпкерлік субъектілеріне – жиырма, iрi кәсiпкерлiк
субъектiлерiне елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Ерекше қорғалатын табиғи аумақтарда жасалған дәл сол іс-әрекеттер –
жеке тұлғаларға – он бес, шағын кәсiпкерлiк субъектiлерiне – жиырма бес, орта
кәсіпкерлік субъектілеріне – қырық, iрi кәсiпкерлiк субъектiлерiне сексен айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
388-бап. Кеспеағаш аймағын әзірлеу тәртібі мен
мерзімдерін бұзу
1. Кеспеағаш аймағын әзірлеу тәртібі мен мерзімдерін бұзу -
ескерту жасауға немесе жеке тұлғаларға – бес, шағын кәсiпкерлiк
субъектiлерiне – он екі, орта кәсіпкерлік субъектілеріне – жиырма бес, iрi
кәсiпкерлiк субъектiлерiне елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Ерекше қорғалатын табиғи аумақтарда жасалған дәл сол іс-әрекеттер –
жеке тұлғаларға – жиырма, шағын кәсiпкерлiк субъектiлерiне – отыз бес, орта
кәсіпкерлік субъектілеріне – елу, iрi кәсiпкерлiк субъектiлерiне бір жүз елу айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
389-бап. Жабайы жануарлар мен өсімдіктердің түрлерін,
олардың бөліктерін немесе дериваттарын заңсыз
иемдену, өткізу, алып өту, әкелу, әкету, сақтау
(ұстау)
1. Жабайы жануарлар мен өсімдіктердің түрлерін, олардың бөліктерін немесе
дериваттарын заңсыз иемдену, өткізу, алып өту, әкелу, әкету, сақтау (ұстау) –
жабайы жануарлар мен өсімдіктердің түрлері және олардың өнімдері тәркілене
отырып, жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне – отыз, орта
кәсіпкерлік субъектілеріне – елу, iрi кәсiпкерлiк субъектiлерiне жетпіс айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
жабайы жануарлар мен өсімдіктердің түрлері және олардың өнімдері тәркілене
отырып, жеке тұлғаларға – жиырма, шағын кәсiпкерлiк субъектiлерiне – алпыс, орта
кәсіпкерлік субъектілеріне – бір жүз, iрi кәсiпкерлiк субъектiлерiне бір жүз қырық
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
390-бап. Жануарлар дүниесін пайдалануға рұқсаттар беру
және берілген рұқсаттарды пайдалану тәртібін
бұзу
1. Жануарлар дүниесін пайдалануға рұқсат беру тәртібін бұзу –
лауазымды адамдарға жиырма бес айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
2. Жыныс-жас құрамын (көрсетілген жағдайда) заңсыз алудан көрінген, жануарлар
дүниесін пайдалануға берілген рұқсаттарды, жануарлар дүниесін мекендеу ортасынан
алу мерзімдерін, болжамды алу учаскесінің аумағын және шекарасын, алу тәсілдерін
(аулау, атып алу, жинау) бұзу, егер бұл әрекетте қылмыстық жазаланатын іс-әрекет
белгілері болмаса, –
жеке тұлғаларға – бес, шағын кәсiпкерлiк субъектiлерiне – он екі, орта
кәсіпкерлік субъектілеріне – жиырма, iрi кәсiпкерлiк субъектiлерiне елу айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
391-бап. Берiлген лицензияның шарттарын заңсыз өзгерту,
сол сияқты теңiзде мұнай операцияларын
жүргiзудiң бекiтiлген тәртiбiн бұзу
Берiлген лицензияның шарттарын заңсыз өзгерту, сол сияқты теңiзде мұнай
операцияларын жүргiзудiң бекiтiлген тәртiбiн бұзу –
шағын кәсiпкерлiк субъектiлерiне – елу, орта кәсіпкерлік субъектілеріне – бір
жүз, iрi кәсiпкерлiк субъектiлерiне бір жүз елу айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
392-бап. Теңіздегі кеме қатынасына, балық аулауға кедергі
жасайтын және зиян келтіретін етіп теңізде мұнай
операцияларын жүзеге асыру
1. Теңіздегі кеме қатынасына, балық аулауға кедергі жасайтын және зиян
келтіретін етіп теңізде мұнай операцияларын жүзеге асыру –
шағын кәсiпкерлiк субъектiлерiне – елу, орта кәсіпкерлік субъектілеріне – бір
жүз, iрi кәсiпкерлiк субъектiлерiне бір жүз елу айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
2. Қазақстан Республикасының континенттiк қайраңында пайдалы қазбалар кен
орындарының бүлiнуiне әкеп соғуы, адамдардың өмiрiне немесе денсаулығына зиян
келтiруі мүмкiн, жанды ресурстарға, теңiз флорасы мен фаунасына залал келтiруi не
қызметтiң басқа да заңды түрлерiне кедергi жасауы мүмкiн, суасты кәбілдерiн немесе
құбыржолдарын Қазақстан Республикасының аумағына өз бетімен шығару немесе оларды
Қазақстан Республикасының континенттік қайраңына өз бетімен төсеу, егер бұл
әрекеттерде қылмыстық жазаланатын iс-әрекет белгiлерi болмаса, –
шағын кәсiпкерлiк субъектiлерiне – елу, орта кәсіпкерлік субъектілеріне – бір
жүз, iрi кәсiпкерлiк субъектiлерiне бір жүз елу айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
3. Осы баптың бiрiншi немесе екiншi бөлiктерiнде көзделген, әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
құқық бұзушылық жасау кемесі мен құралдары тәркiлене отырып не онсыз, шағын
кәсiпкерлiк субъектiлерiне – жетпіс бес, орта кәсіпкерлік субъектілеріне – бір жүз
елу, iрi кәсiпкерлiк субъектiлерiне екі жүз айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
393-бап. Қазақстан Республикасының континенттiк
қайраңында теңiзде ғылыми зерттеулер жүргiзу
қағидаларын бұзу
1. Қазақстан Республикасының континенттiк қайраңында қызметтiң заңды
түрлерiне кедергi жасаған немесе жасауы мүмкiн, Қазақстан Республикасының
рұқсатында немесе халықаралық шарттарында көзделген теңiзде ғылыми зерттеулер
жүргiзу қағидаларын бұзу не Қазақстан Республикасының континенттiк қайраңында
теңiзде ғылыми зерттеулердің бағдарламасын заңсыз өзгерту –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне – қырық бес, орта
кәсіпкерлік субъектілеріне – жетпіс бес, iрi кәсiпкерлiк субъектiлерiне бір жүз
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
жеке тұлғаларға – он бес, шағын кәсiпкерлiк субъектiлерiне – жетпіс, орта
кәсіпкерлік субъектілеріне – бір жүз елу, iрi кәсiпкерлiк субъектiлерiне екі жүз
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
394-бап. Қазақстан Республикасының континенттiк
қайраңында қалдықтар мен басқа да материалдарды
көму қағидаларын, сондай-ақ консервациялау және
бөлшектеу қағидаларын бұзу
1. Қазақстан Республикасы ратификациялаған халықаралық шарттарда көзделген,
Қазақстан Республикасының континенттiк қайраңында кемелердi және өзге де жүзетін
құралдарды, ұшу аппараттарын, жасанды аралдарды, қондырғылар мен құрылыстарды,
қалдықтар мен басқа да материалдарды көму қағидаларын, сондай-ақ консервациялау
және бөлшектеу қағидаларын пайдалы қазбалар кен орындарының бүлiнуiне әкеп соғуы,
адамдардың өмiрiне немесе денсаулығына зиян келтiруі, биологиялық ресурстарға,
теңiз флорасы мен фаунасына залал келтiруі немесе қызметтiң басқа да заңды
түрлерiне кедергi жасауы мүмкiн бұзу –
жеке тұлғаларға – бес, шағын кәсiпкерлiк субъектiлерiне – қырық бес, орта
кәсіпкерлік субъектілеріне – жетпіс бес, iрi кәсiпкерлiк субъектiлерiне бір жүз
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне – тоқсан, орта
кәсіпкерлік субъектілеріне – бір жүз айлық есептік көрсеткіш мөлшерінде, iрi
кәсiпкерлiк субъектiлерiне қоршаған ортаға келтiрiлген зиян сомасы мөлшерiнде
айыппұл салуға әкеп соғады.
395-бап. Қазақстан Республикасының континенттiк қайраңын
қорғау органдары лауазымды адамдарының заңды
талаптарын орындамау
1. Қазақстан Республикасының континенттiк қайраңын қорғау органдары лауазымды
адамдарының кеменi тоқтату туралы заңды талаптарын орындамау, сондай-ақ осы
лауазымды адамдардың өздерiне жүктелген өкiлеттiктердi жүзеге асыруына, оның iшiнде
кеменi қарап-тексеруiне кедергi келтіру –
жетпіс айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
құқық бұзушылық жасау кемесі мен құралдары, сондай-ақ алынған зерттеу
нәтижелерi тәркiлене отырып не онсыз, бір жүз елу айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
396-бап. Қазақстан Республикасының континенттiк
қайраңындағы, аумақтық суларындағы (теңізіндегі)
және ішкі суларындағы минералдық және
биологиялық ресурстарды заңсыз беру
1. Қазақстан Республикасының континенттiк қайраңындағы, аумақтық суларындағы
(теңізіндегі) және ішкі суларындағы минералдық және биологиялық ресурстарды
шетелдіктерге, басқа мемлекеттің заңнамасына сәйкес құрылған заңды тұлғаларға не
шет мемлекеттерге заңсыз беру –
жеке тұлғаларға – заңсыз берiлген минералдық және биологиялық ресурстар
құнының он, шағын кәсiпкерлiк субъектiлерiне – жиырма, орта кәсіпкерлік
субъектілеріне – қырық, iрi кәсiпкерлiк субъектiлерiне бір жүз пайызы мөлшерiнде
айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
құқық бұзушылық жасау кемесі мен құралдары, сондай-ақ алынған зерттеу
нәтижелерi тәркiлене отырып не онсыз, жеке тұлғаларға – заңсыз берiлген минералдық
және биологиялық ресурстар құнының он бес, шағын кәсiпкерлiк субъектiлерiне –
жиырма бес, орта кәсіпкерлік субъектілеріне – елу, iрi кәсiпкерлiк субъектiлерiне
екі жүз пайызы мөлшерінде айыппұл салуға әкеп соғады.
397-бап. Экологиялық аудит туралы заңнаманы бұзу
1. Мiндеттi экологиялық аудит жүргiзу туралы заңнаманың талаптарын орындамау
–
жеке тұлғаларға – бес, шағын кәсiпкерлiк субъектiлерiне – жиырма бес, орта
кәсіпкерлік субъектілеріне – елу, iрi кәсiпкерлiк субъектiлерiне екі жүз айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Экологиялық аудиторлардың (экологиялық аудиторлық ұйымдардың) көрiнеу анық
емес экологиялық аудиторлық есеп жасауы –
жеке тұлғаларға – жетпіс, шағын кәсiпкерлiк субъектiлерiне – бір жүз алпыс,
орта кәсіпкерлік субъектілеріне – екі жүз елу, iрi кәсiпкерлiк субъектiлерiне жеті
жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
3. Экологиялық аудит жүргiзу барысында тексерiлетін тұлғаның анық емес
экологиялық аудиторлық есеп жасауға әкеп соққан көрiнеу анық емес немесе толық емес
ақпарат беруi –
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – екі жүз
елу, орта кәсіпкерлік субъектілеріне – төрт жүз, iрi кәсiпкерлiк субъектiлерiне
жеті жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
4. Осы баптың екінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін
бір жыл ішінде қайталап жасалған әрекет –
экологиялық аудиторлық қызметті жүзеге асыру құқығы лицензиясынан айыра
отырып, жеке тұлғаларға – бір жүз, орта кәсіпкерлік субъектiлерiне – төрт жүз, iрi
кәсiпкерлiк субъектiлерiне бір мың айлық есептік көрсеткіш мөлшерiнде айыппұл
салуға әкеп соғады.
398-бап. Бекіре тұқымдас балықтардың таңбалау тәртібін
бұза отырып таңбаланған уылдырығын не
таңбаланбаған уылдырығын өткізу
1. Бекіре тұқымдас балықтардың таңбалау тәртібін бұза отырып таңбаланған
уылдырығын не таңбаланбаған уылдырығын өткізу –
таңбалау тәртібін бұза отырып таңбаланған уылдырық не таңбаланбай өткізілетін
уылдырық тәркілене отырып, жеке тұлғаларға – отыз бес, шағын кәсiпкерлiк
субъектiлерiне – алпыс, орта кәсіпкерлік субъектілеріне – тоқсан, iрi кәсiпкерлiк
субъектiлерiне бір жүз жиырма айлық есептік көрсеткіш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекеттер –
таңбалау тәртібін бұза отырып таңбаланған уылдырық не таңбаланбай өткізілетін
уылдырық тәркілене отырып, жеке тұлғаларға – жетпіс, шағын кәсiпкерлiк
субъектiлерiне – бір жүз он бес, орта кәсіпкерлік субъектілеріне – бір жүз алпыс,
iрi кәсiпкерлiк субъектiлерiне екі жүз жиырма айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
399-бап. Қоршаған ортаны қорғау саласындағы жұмыстарды
орындайтын және қызметтер көрсететін жеке және
заңды тұлғалардың анық емес деректерді ұсынуы
1. Қоршаған ортаны қорғау саласындағы жұмыстарды орындайтын және қызметтер
көрсететін жеке және заңды тұлғалардың эмиссиялар нормативтерін, қоршаған ортаны
қорғау жөніндегі іс-шараларды, өндірістік экологиялық бақылау бағдарламасы мен олар
бойынша есептерді әзірлеу кезінде анық емес деректерді ұсынуы –
лицензияның қолданылуын тоқтата тұрып не онсыз, шағын кәсiпкерлiк
субъектiлерiне – алпыс бес, орта кәсіпкерлік субъектілеріне – бір жүз, iрi
кәсiпкерлiк субъектiлерiне екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл
салуға әкеп соғады.
2. Осы баптың бірінші бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
лицензияның қолданылуын тоқтата тұрып не онсыз, шағын кәсiпкерлiк
субъектiлерiне – бір жүз алпыс бес, орта кәсіпкерлік субъектілеріне – екі жүз елу,
iрi кәсiпкерлiк субъектiлерiне үш жүз айлық есептік көрсеткіш мөлшерiнде айыппұл
салуға әкеп соғады.
3. Осы баптың бірінші және екінші бөліктерінде көзделген, қоршаған ортаға ірі
залал келтіруге әкеп соққан не үш реттен артық жасалған әрекеттерді жасау, егер бұл
әрекеттерде қылмыстық жазаланатын іс-әрекет белгілері болмаса, –
лицензиядан айыра отырып, шағын кәсiпкерлiк субъектiлерiне – екі жүз алпыс,
орта кәсіпкерлік субъектілеріне – үш жүз, iрi кәсiпкерлiк субъектiлерiне үш жүз елу
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
22-тарау. ӨСІМДІКТЕРДІ ҚОРҒАУ МЕН ӨСІМДІКТЕР КАРАНТИНІ, АСТЫҚ
НАРЫҒЫ МЕН АСТЫҚТЫ САҚТАУ, МАҚТА САЛАСЫ, ТҰҚЫМ ШАРУАШЫЛЫҒЫ ЖӘНЕ
МЕМЛЕКЕТТІК ВЕТЕРИНАРИЯЛЫҚ-САНИТАРИЯЛЫҚ БАҚЫЛАУ МЕН ҚАДАҒАЛАУ
ЖӘНЕ АСЫЛ ТҰҚЫМДЫ МАЛ ШАРУАШЫЛЫҒЫ, СОНДАЙ-АҚ АЗЫҚ-ТҮЛІК
ТАУАРЛАРЫНЫҢ ӨҢІРЛІК ТҰРАҚТАНДЫРУ ҚОРЛАРЫН ҚАЛЫПТАСТЫРУ ЖӘНЕ
ПАЙДАЛАНУ САЛАСЫНДАҒЫ ӘКІМШІЛІК ҚҰҚЫҚ БҰЗУШЫЛЫҚТАР 400-бап. Қазақстан Республикасының өсімдіктер карантині
саласындағы заңнамасын бұзу
1. Карантинге жатқызылған, әкелінетін өнімдерге қойылатын фитосанитариялық
талаптарды және фитосанитариялық іс-шаралар жүргізуді:
1) карантинге жатқызылған, әкелінетін өнімдерге қойылатын фитосанитариялық
талаптарға сәйкес келмейтін, карантинге жатқызылған өнімді Қазақстан
Республикасының аумағына әкелу;
2) экспорттаушы елдің ұлттық карантиндік қызметінің фитосанитариялық
сертификатынсыз, карантинге жатқызылған, фитосанитариялық тәуекелі жоғары өнім
партиясын Қазақстан Республикасының аумағына әкелу;
3) қайта экспорттаушы елдің ұлттық карантиндік қызметінің қайта экспорттау
фитосанитариялық сертификатынсыз, карантинге жатқызылған фитосанитариялық тәуекелі
жоғары өнім партиясын Қазақстан Республикасының аумағына әкелу;
4) Қазақстан Республикасының фитосанитариялық талаптарын бұза отырып,
Қазақстан Республикасының аумағы арқылы импорттық карантинге жатқызылған өнімді
тасымалдауды жүзеге асыру;
5) карантинге жатқызылған өнімді жете тексеруге ұсынбау;
6) карантинге жатқызылған өнімді сақтау немесе қайта өңдеу жүзеге асырылатын
қойма үй-жайларына жыл сайынғы профилактикалық залалсыздандыруды жүргізбеу;
7) отырғызылатын немесе тұқымдық материалды зертханалық сараптама нәтижелері
алынғанға дейін пайдалану;
8) отырғызылатын немесе тұқымдық импорттық материалды зертханалық сараптама
нәтижелері алынғанға дейін сақтау шарттарын сақтамау;
9) Қазақстан Республикасының аумағына азық-түлік, жемшөп және техникалық
мақсаттарда пайдалану үшін әкелінген дәндi, дәндi-бұршақтық, майлы дақылдарды
тұқымдық мақсатта пайдалану;
10) қалдықтарды міндетті түрде жоя отырып, карантинге жатқызылған импорттық
өнімді, сондай-ақ карантиндік аймақтардан әкелінген карантинге жатқызылған өнімді
тасымалдағаннан кейін көлік құралдарына тазартуды жүргізбеу;
11) карантинге жатқызылған өнiмдi алып келе жатқан жолында немесе межелі
пунктiнде уәкілетті органның рұқсатынсыз басқа мекенжайға жіберу;
12) карантинге жатқызылған әкелінетін өнiмдi межелі пунктiнде қайталап
карантиндік жете тексеру үшін ұсынбау;
13) карантиндік арамшөптермен қоқысталған тұқымдық немесе отырғызылатын
материалды егу үшін пайдалану;
14) карантиндік объектілерден бос аймақта дайындалған карантинге жатқызылған
өнiмнен карантиндік объектілер таралатын аймақта дайындалған карантинге жатқызылған
өнiмдi сақтауды немесе тазартуды жүзеге асыру;
15) қызметі карантинге жатқызылған өнімді өндіруге, дайындауға, қайта
өңдеуге, сақтауға, тасымалдауға және өткізуге байланысты егістіктерді, аумақтарды,
қоймаларды жүйелі түрде зерттеуді қамтамасыз етпеу;
16) карантинге жатқызылған өнімді карантиндік сертификатсыз облысаралық
тасымалдауды жүзеге асыру түрінде жасалған бұзушылық –
жеке тұлғаларға – жиырма, лауазымды адамдарға, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – отыз, орта кәсіпкерлік
субъектілеріне – қырық, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Қазақстан Республикасының өсімдіктер карантині саласындағы заңнамасын
карантинге жатқызылған өнімді әкелу, мемлекетішілік тасымалдау кезінде және өткізу
кезінде:
1) Қазақстан Республикасының аумағына карантинге жатқызылған өнімді, сондай-
ақ карантиндік объектілермен және бөтен текті түрлермен залалданған көлік
құралдарын әкелу;
2) Қазақстан Республикасына карантинге жатқызылған өнімді әкелуге тыйым
салуларды немесе оған шектеулерді бұзу;
3) карантиндік объектілермен залалданған карантинге жатқызылған өнімді
өткізу;
4) Қазақстан Республикасының карантиндік аймағынан шығарылған карантинге
жатқызылған өнімді алып бара жатқан жолда басқа мекенжайға жіберу;
5) ғылыми-зерттеу мақсатында әкелінетін кенелерді, нематодтарды және тірі
жәндіктерді дәндi, дәндi-бұршақтық, жемшөп, майлы, техникалық дақылдармен және
оларды қайта өңдеу өнімдерімен, мәуелермен, көкөністермен, жемістермен және
картоппен, отырғызылатын немесе тұқымдық материалмен, тірі гүлдердің және құмырада
өсетін өсімдіктердің кесінділерімен, сүрек, буып-түю және бекіту материалдарымен
бір мезгілде тасымалдау;
6) карантиндік объектілермен залалданған, карантинге жатқызылған өнімді
карантиндік фитосанитариялық аймақтан әкетуге тыйым салуларды немесе шектеулерді
бұзу түрінде жасалған бұзушылық –
карантинге жатқызылған өнімді залалсыздандыру және қайта өңдеу мүмкін
болмаған жағдайда, оны тәркілей отырып, жеке тұлғаларға – жиырма, лауазымды
адамдарға, шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға –
отыз, орта кәсіпкерлік субъектілеріне – қырық, ірі кәсіпкерлік субъектілеріне бір
жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Карантиндік объектілердің таралуын есепке алуды уақтылы немесе тиісінше
жүргізбеу не өсімдіктер карантині саласындағы мемлекеттік бақылау және қадағалау
объектілерінде өсімдіктер карантині бойынша шараларды уақтылы немесе тиісінше
ұйымдастырмау –
лауазымды адамдарға отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
4. Осы баптың үшiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн
бiр жыл iшiнде қайталап жасалған әрекет (әрекетсіздік) –
лауазымды адамдарға алпыс айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
Ескерту. 400-бап жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
401-бап. Қазақстан Республикасының астық туралы заңнамасын
бұзу
1. Астықты экспорттау және импорттау кезінде астық сапасының
тиісті паспорттарынсыз өткізу -
жеке тұлғаларға – бес, шағын кәсiпкерлiк субъектiлерiне – он, орта
кәсіпкерлік субъектілеріне – он бес, iрi кәсiпкерлiк субъектiлерiне бір жүз елу
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Мемлекеттік ресурстар астығын сақтайтын астық қабылдау кәсіпорындарының
астықтың кез келген мөлшерін тиеп жөнелтуі және (немесе) көлік ұйымдарының астықты
уәкілетті органмен алдын ала келіспей әкетуі –
орта кәсіпкерлік субъектілеріне – бір жүз елу, iрi кәсiпкерлiк субъектiлерiне
екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
3. Астық қабылдау кәсіпорындарының астықтың сандық-сапалық есебін
жүргізу; астық қолхаттарын беру, олардың айналысы мен өтелуі қағидаларын:
1) астық қабылдау кәсіпорындарына түсетін астықты тиісінше ресімдемеу;
2) астықты тазартуды, кептіруді тиісінше ресімдемеу;
3) астықты тиеп-жөнелтуді тиісінше ресімдемеу;
4) астықтың сандық-сапалық есебі кітабын тиісінше жүргізбеу;
5) астықтың есепке алынатын физикалық салмағын дұрыс айқындамау;
6) астық қолхатын беру мерзімдерін сақтамау;
7) астық қолхаты тізілімін дұрыс жүргізбеу;
8) қойма куәлігі бойынша құқықтарды беру тәртібін бұзу;
9) астық қолхатын өтеу мерзімін сақтамау;
10) астық қолхаттарын сақтау мерзімдерін бұзу түрінде жасалған бұзушылық –
орта кәсіпкерлік субъектілеріне – екі жүз, iрi кәсiпкерлiк субъектiлерiне үш
жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
4. Астық қабылдау кәсіпорнының, «Астық туралы» Қазақстан
Республикасының Заңында рұқсат етілген қызметті қоспағанда, астық қолхаттарын беру
арқылы қойма қызметі бойынша қызметтер көрсетуге қатысы жоқ қызметті жүзеге асыруы,
үшінші тұлғалардың міндеттемелері бойынша кепілдіктер беруі және (немесе) өз мүлкін
кепілге беруі –
лицензияның қолданылуын тоқтата тұрып, орта кәсіпкерлік субъектілеріне – бір
жүз жиырма, iрi кәсiпкерлiк субъектiлерiне үш жүз айлық есептік көрсеткіш
мөлшерiнде айыппұл салуға әкеп соғады.
5. Астық қабылдау кәсіпорындарының астықтың сан мен сапа көрсеткіштері
құжаттамамен расталған жағдайда оларды ұдайы (қатарынан күнтізбелік алты ай ішінде
екі және одан да көп рет) бұрмалауы -
лицензияның қолданылуын тоқтата тұрып, орта кәсіпкерлік субъектілеріне – екі
жүз, iрi кәсiпкерлiк субъектiлерiне бес жүз айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
6. Негізгі құралдарсыз астық қолхаттарын беру арқылы қойма қызметі бойынша
қызметтер көрсету жөніндегі қызметті жүзеге асыру толық мүмкін болмай қалатын не
едәуір нашарлап кететін негізгі құралдарды астық қабылдау кәсіпорынының иеліктен
шығаруы –
лицензияның қолданылуын тоқтата тұрып, орта кәсіпкерлік субъектілеріне – бір
жүз жиырма, iрi кәсiпкерлiк субъектiлерiне үш жүз айлық есептік көрсеткіш
мөлшерiнде айыппұл салуға әкеп соғады.
7. Лицензияның қолданылуын тоқтата тұру мерзімі өткеннен кейін осы баптың
төртінші, бесінші, алтыншы бөліктерінде көзделген әкімшілік жауаптылыққа тартуға
әкеп соққан бұзушылықтарды жоймау –
лицензиядан айыра отырып, орта кәсіпкерлік субъектілеріне – екі жүз елу, iрi
кәсiпкерлiк субъектiлерiне бес жүз елу айлық есептік көрсеткіш мөлшерiнде айыппұл
салуға әкеп соғады.
8. Ішкі нарықты реттеу мақсатында астықты қайта өңдеу ұйымдарына агент
өткізген мемлекеттік өткізу және мемлекеттік тұрақтандыру астық ресурстарының
астығын олардың нысаналы пайдаланбауы –
шағын кәсіпкерлік субъектілеріне – елу, орта кәсіпкерлік субъектілеріне – бір
жүз, iрi кәсiпкерлiк субъектiлерiне екі жүз елу айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
9. Отандық астық өндірушілердің мемлекеттік астық ресурстарын қалыптастыру
жөніндегі міндетті орындамауы –
шағын кәсіпкерлік субъектілеріне – елу, орта кәсіпкерлік субъектілеріне – бір
жүз, iрi кәсiпкерлiк субъектiлерiне бес жүз айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
10. Астық қабылдау кәсіпорнын уақытша басқару кезеңінде уақытша басқару
жөніндегі комиссия мүшелерінің немесе уақытша әкімшіліктің Қазақстан
Республикасының астық туралы заңнамасын бұзуы –
жеке тұлғаларға, шағын кәсіпкерлік субъектілеріне – елу, орта кәсіпкерлік
субъектілеріне – бір жүз, iрi кәсiпкерлiк субъектiлерiне бес жүз айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
11. Астық қабылдау кәсіпорындарының астық сақтау тәртібін, сондай-ақ олардың
сандық және сапалық жағынан сақталуын қамтамасыз ететін іс-шараларды сақтамауы;
белгіленген тәртіппен астық сынамасын оның иесіне іріктеп алуды қамтамасыз етпеуі;
мемлекеттік астық ресурстарының астығын басым (бірінші кезектегі) тәртіппен
қабылдауды, сақтауды және тиеп жөнелтуді қамтамасыз етпеуі –
орта кәсіпкерлік субъектілеріне – бір жүз, iрi кәсiпкерлiк субъектiлерiне бір
жүз елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
402-бап. Тұқым шаруашылығы саласындағы кәсiпкерлiк
қызметтi жүзеге асыру және қызметтер көрсету
кезiндегi бұзушылықтар
1. Қазақстан Республикасының тұқым шаруашылығы саласындағы заңнамасын бұза
отырып, тұқымдарды өндiру, өткiзу, сақтау, тасымалдау және пайдалану жөнiндегi
қызметтi:
1) карантиндік объектілермен залалданған ауыл шаруашылығы өсімдіктерінің
тұқымдарын егу (отырғызу) үшін пайдалану;
2) егер тұқым мемлекеттік сорттық сынаудан өтпеген сортқа жататын болса, ауыл
шаруашылығы өсімдіктерінің тұқымдарын егу (отырғызу) үшін пайдалану;
3) егер тұқым Қазақстан Республикасында пайдалануға рұқсат етiлген,
Селекциялық жетiстiктердiң мемлекеттiк тiзiлiмiне енгiзiлмеген немесе Қазақстан
Республикасында перспективасы жоқ деп танылған сортқа жататын болса, ауыл
шаруашылығы өсімдіктерінің тұқымдарын егу (отырғызу) үшін пайдалану;
4) аттестатталған элиталық тұқым өсiру және тұқым өсiру шаруашылықтарында
сорттық және егу сапалары бойынша сәйкес келмейтін тұқымдарды егу (отырғызу) үшін
пайдалану;
5) тұқымдардың егу сапасы бойынша сараптамадан өтпеген тұқымдарды егу
(отырғызу) үшін пайдалану;
6) техникалық регламенттердің талаптарына сәйкес келмейтін тұқымдарды егу
(отырғызу) үшін өткізу және пайдалану;
7) сорт жаңартуды және сорт ауыстыруды жүргізу тәртібі мен мерзімдерін бұзу;
8) элиталық тұқымдарды одан әрі өткізу мақсатында олардың өндірісін
қамтамасыз ету үшін сорттардың бірегей тұқымдарын және будандардың аталық
нысандарын сатып алмау;
9) өз мұқтаждарына өткізілген және пайдаланылған тұқымдарды сандық, шығу тегі
бойынша есепке алуды, олардың сорттық және егу сапасын есепке алуды жүргізбеу;
10) өз қаражаты есебінен ауыл шаруашылығы өсімдіктері тұқымдарының сақтандыру
және өтпелі қорларын жасау түрінде жүзеге асыру –
ескерту жасауға немесе жеке тұлғаларға – он, шағын кәсіпкерлік субъектілеріне
– он жеті, орта кәсіпкерлік субъектілеріне – жиырма бес, iрi кәсiпкерлiк
субъектiлерiне елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Ауыл шаруашылығы өсімдіктерінің сорттық егістерін сынамалауды жүргізу
жөнінде қызметтер көрсететін сынамалаушылардың, тұқым сарапшыларының және
аттестатталған заңды тұлғалардың тұқымдардың сорттық және егiстiк сапаларын
сараптауды бұзуы –
ескерту жасауға немесе жеке тұлғаларға – он, заңды тұлғаларға екі жүз айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
3. Аттестатталған жеке және заңды тұлғалардың, сондай-ақ сынамалаушылар мен
тұқым сарапшыларының тұқым шаруашылығы саласындағы қызметке қойылатын бiлiктiлiк
талаптарын бұзуы –
ескерту жасауға немесе жеке тұлғаларға – жиырма, шағын кәсіпкерлік
субъектілеріне – отыз бес, орта кәсіпкерлік субъектілеріне – елу, iрi кәсiпкерлiк
субъектiлерiне екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп
соғады.
4. Осы баптың үшiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн
бiр жыл iшiнде қайталап жасалған іс-әрекеттер –
жеке тұлғаларға елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға,
аттестатталған тұлғаларға субъектiлердiң тұқым шаруашылығы саласындағы қызметтi
жүзеге асыруға құқығын куәландыратын аттестаттау туралы куәлiгiнен айыруға әкеп
соғады.
5. Тұқым шаруашылығы субъектілерін аттестаттауды, қайта аттестаттауды
уақтылы жүргізбеу –
лауазымды адамдарға жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
Ескерту. 402-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
403-бап. Қазақстан Республикасының өсімдіктерді қорғау
туралы заңнамасын бұзу
1. Фитосанитариялық есептiлiктi ұсынбау, сол сияқты уақтылы ұсынбау –
жеке тұлғаларға – бес, лауазымды адамдарға, шағын кәсіпкерлік субъектілеріне
– он, орта кәсіпкерлік субъектілеріне – он бес, iрi кәсiпкерлiк субъектiлерiне елу
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Фитосанитариялық бақылау объектілерінде фитосанитариялық мониторинг пен
фитосанитариялық iс-шараларды зиянды организмдердің саны зиян тигiзудiң
экономикалық шегiнен жоғары болатындай олардың дамуы мен таралуына әкеп соққан
жүргiзбеу –
жеке тұлғаларға – бес, лауазымды адамдарға, шағын кәсіпкерлік субъектілеріне
– он, орта кәсіпкерлік субъектілеріне – он бес, iрi кәсiпкерлiк субъектiлерiне елу
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
3. Мынадай:
1) пестицидтерді (улы химикаттарды) және олардың ыдыстарын залалсыздандыру
үшін арнаулы сақтау орындарының (көмінділердің) болмауы;
2) пестицидтерді (улы химикаттарды) берушілер (өндірушілер, импорттаушылар,
сатушылар) әзірлеген және ұсынатын, жарамсыз болып қалған пестицидтерді (улы
химикаттарды) және олардың ыдыстарын залалсыздандыру әдістері мен технологияларының
болмауы;
3) қауіптілігі бірінші сыныпты, мақсаты бойынша одан әрі пайдалануға жарамсыз
болып қалған пестицидтерді (улы химикаттарды) герметикалығын қамтамасыз етпейтін
және қоршаған ортаның пестицидтермен (улы химикаттармен) ластану мүмкіндігін жоққа
шығармайтын ыдыстарда сақтау;
4) қауіптілігі екінші сыныпты пестицидтерді (улы химикаттарды) қажет болған
кезде полимер материалдардан жасалған арнайы қалташалары жоқ көп қабатты ыдысқа
(пестицидтің (улы химикаттың) ерекшелігіне қарай) буып-түю;
5) бүтіндігі бұзылған қаптамадағы пестицидтерді (улы химикаттарды) қайта
буып-түю;
6) пестицидтердің (улы химикаттардың) қағаз немесе ағаш ыдыстарын жағып
жіберу жолымен экологиялық бақылау және халықтың санитариялық-эпидемиологиялық
саламаттылығы жөніндегі мемлекеттік органдар заңнамаға сәйкес айқындаған орындарда
жағылатын қоспаларды жою үшін уытты емес (қауіпті емес) заттарға айналғанға дейін
ыдырауын қамтамасыз ететін жоғары температуралық қондырғылардың болмауы;
7) тыйым салынған, жарамсыз болып қалған пестицидтерді (улы химикаттарды)
және олардың ыдыстарын тиеуге, тасымалдауға және түсіруге арналған механикаландыру
құралдарының болмауы түрінде жасалған пестицидтердi (улы химикаттарды)
залалсыздандыруды жүргізбеу және арнаулы сақтау орындарын (көмiндiлердi) тиiстi
емес жай-күйде ұстау –
жеке тұлғаларға – бес, лауазымды адамдарға, шағын кәсіпкерлік субъектілеріне
– он, орта кәсіпкерлік субъектілеріне – он бес, iрi кәсiпкерлiк субъектiлерiне елу
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
4. Арнаулы сақтау қоймаларын (көмiндiлердi) салу бойынша шаралар қабылдамау –
лауазымды адамдарға он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
5. Осы баптың бірінші, екінші, үшінші және төртінші бөліктерінде көзделген,
әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер
(әрекетсіздік) –
жеке тұлғаларға – он, лауазымды адамдарға, шағын кәсіпкерлік субъектілеріне –
жиырма, орта кәсіпкерлік субъектілеріне – отыз, iрi кәсiпкерлiк субъектiлерiне бір
жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
Ескерту. 403-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
404-бап. Қазақстан Республикасының мақта саласын дамыту
туралы заңнамасын бұзу
1. Мақта өңдеу ұйымдарының мақтаға қатысты жасалған операцияларды көрсететін
құжаттарды есепке алу мен сақтаудың белгіленген тәртібін бұзуы –
шағын кәсіпкерлік субъектілеріне – он, орта кәсіпкерлік субъектілеріне – он
бес, iрi кәсiпкерлiк субъектiлерiне жетпіс айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
2. Сарапшы ұйымға қойылатын біліктілік талаптарын, мақта талшығы, шитті мақта
сапасына сараптама жүргізу және мақта талшығы сапасының паспортын, шитті мақтаның
сапасы туралы куәлік беру қағидаларын:
1) өрт және санитариялық-эпидемиологиялық қауіпсіздік талаптарына сай
келетін, мақта талшығын классерлік бағалау үшін меншік құқығындағы не мүліктік
жалдаудағы тиісті үй-жайлардың болмауы;
2) тиісті арнайы білімі және өнімділігі жоғары мақта талшығын сынайтын
автоматтандырылған өлшеу жүйесіне (HVI типтегі) қызмет көрсету бойынша бір жылдан
кем емес жұмыс тәжірибесі бар, өнімділігі жоғары мақта талшығын сынайтын
автоматтандырылған өлшеу жүйесіне (HVI типтегі) функционалдық және техникалық
қызмет көрсететін білікті мамандардың болмауы;
3) тиісті арнайы білімі және мақта талшығының сапасын классерлік бағалау
бойынша екі жылдан кем емес жұмыс тәжірибесі бар, мақта жөніндегі білікті
сарапшылардың (классерлердің) болмауы;
4) стандарттау жөніндегі техникалық регламенттердің және нормативтік
құжаттардың болмауы;
5) мақта талшығының сынамаларын мақта тазалау зауыттарынан уақтылы жеткізуге
арналған мамандандырылған автокөліктің болмауы;
6) мақта талшығының сынамаларын сақтауға арналған үй-жайлардың талаптарға сай
келмеуі;
7) түстің керамикалық үлгілері жиынтығының, калибрлік эталондардың және
микронейр көрсеткішін анықтауға арналған аспаптың, мақта талшығының сыртқы түрінің
стандарттық үлгілерінің бекітілген немесе Қазақстан Республикасында қолдануға жол
берілген жиынтығының болмауы немесе олармен толық жарақтандырылмауы;
8) мақта талшығының сынамаларын іріктеу актісін және оларды тіркеу журналын
дұрыс ресімдемеу;
9) мақта талшығының сынамаларын іріктеуді жүргізу тәртібін бұзу;
10) мақта талшығы сынақтарын жүргізу тәртібін бұзу;
11) мақта талшығы сапасының паспортын дұрыс ресімдемеу және уақтылы бермеу;
12) мақта талшығы сапасының паспортын уәкілетті орган бекіткен нысан бойынша
дұрыс ресімдемеу;
13) мақта талшығының сынақтардан кейін мақта талшығының иесі партияны тиеп
жөнелткенге дейін сарапшылық ұйымның зертханасында сақталу мерзімін бұзу;
14) мақта талшығы сынамаларын іріктеу актісін және сынамаларын тіркеу
журналын дұрыс және толық ресімдемеу;
15) шитті мақта сынамаларын іріктеуді жүргізу тәртібін бұзу;
16) шитті мақта сынақтарын жүргізу тәртібін бұзу;
17) шитті мақтаның сапасы туралы куәлікті дұрыс ресімдемеу және уақтылы
бермеу;
18) шитті мақта сынамаларын сақтауға арналған үй-жайлардың талаптарға сай
келмеуі түрінде жасалған бұзушылық –
жеке тұлғаларға – бес, шағын кәсіпкерлік субъектілеріне – он, орта
кәсіпкерлік субъектілеріне – он бес, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
3. Мақта қолхаттары бойынша міндеттемелердің орындалуына кепілдік беру
жүйесіне қатысудан жалтару –
лицензияның қолданылуын тоқтата тұрып, шағын кәсіпкерлік субъектілеріне –
жиырма бес, орта кәсіпкерлік субъектілеріне – елу, iрi кәсiпкерлiк субъектiлерiне
бір жүз жиырма айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
4. Облыстардың, республикалық маңызы бар қалалардың және астананың жергiлiктi
атқарушы органдарының Қазақстан Республикасының мақта саласын дамыту
туралы заңнамасын анықталған бұзушылықтарды жою туралы жазбаша нұсқамаларын
нұсқамада белгiленген мерзiмдерде орындамау не тиiсiнше орындамау –
жеке тұлғаларға – жиырма, шағын кәсіпкерлік субъектілеріне – жиырма бес, орта
кәсіпкерлік субъектілеріне – елу, iрi кәсiпкерлiк субъектiлерiне бір жүз жиырма
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
5. Мақта өңдеу ұйымының Қазақстан Республикасының мақта саласын дамыту
туралы заңында тыйым салынған кәсіпкерлік қызметті жүзеге асыруы, Қазақстан
Республикасының мақта саласын дамыту туралы заңының талаптарын бұзып, үшінші
тұлғалардың міндеттемелері бойынша кепілдіктер беруі және (немесе) өз мүлкін
кепілге беруі, сондай-ақ мақта өңдеу ұйымының негізгі құралдарсыз мақта қолхаттарын
беру арқылы қойма қызметі бойынша қызметтер көрсету жөніндегі қызметті жүзеге асыру
толық мүмкін болмайтын не едәуір нашарлап кететін негізгі құралдарды иеліктен
шығаруы –
лицензияның қолданылуын тоқтата тұрып, шағын кәсіпкерлік субъектілеріне –
алпыс, орта кәсіпкерлік субъектілеріне – бір жүз жиырма, iрi кәсiпкерлiк
субъектiлерiне үш жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп
соғады.
6. Мақта қолхаттарын ұстаушылардың өтініштері бойынша мақта мөлшері мен
сапасының көрсеткіштерін олар құжаттамамен расталған жағдайда жүйелі түрде
(қатарынан күнтізбелік алты ай ішінде екі және одан да көп) бұрмалау –
лицензияның қолданылуын тоқтата тұрып, шағын кәсіпкерлік субъектілеріне –
қырық, орта кәсіпкерлік субъектілеріне – сексен, iрi кәсiпкерлiк субъектiлерiне бір
жүз елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
7. Лицензиаттың лицензия алу кезінде көрінеу жалған ақпарат беруі –
лицензияның қолданылуын тоқтата тұрып, шағын кәсіпкерлік субъектілеріне – он
бес, орта кәсіпкерлік субъектілеріне – отыз, iрi кәсiпкерлiк субъектiлерiне жетпіс
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
8. Мақта өңдеу ұйымын уақытша басқару кезеңінде уақытша басқару жөніндегі
комиссия мүшелерінің немесе уақытша әкімшіліктің Қазақстан Республикасының мақта
саласын дамыту туралы заңын бұзуы –
жеке тұлғаларға – елу, шағын кәсіпкерлік субъектілеріне – сексен, орта
кәсіпкерлік субъектілеріне – бір жүз, iрi кәсiпкерлiк субъектiлерiне екі жүз айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
9. Лицензияның қолданылуын тоқтата тұру мерзімі өткеннен кейін осы баптың
бесінші, алтыншы, жетінші және сегізінші бөліктерінде көзделген әкімшілік
жауаптылыққа тартуға әкеп соққан бұзушылықтарды жоймау –
лицензиядан айыруға әкеп соғады.
405-бап. Азық-түлік тауарларының өңірлік тұрақтандыру
қорларын қалыптастыру және пайдалану кезінде
Қазақстан Республикасы заңнамасының талаптарын
бұзу
1. Азық-түлік тауарларының өңірлік тұрақтандыру қорларын нысаналы
пайдаланбау, егін жинау кезеңінде өсімдік шаруашылығы өнімі бойынша тауар
интервенцияларын жүзеге асыру, сондай-ақ азық-түлік тауарларының өңірлік
тұрақтандыру қорларын қалыптастыру және пайдалану қағидаларын сақтамау –
лауазымды адамдарға – бір жүз, заңды тұлғаларға екі жүз айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Азық-түлік тауарларының өңірлік тұрақтандыру қорына азық-түлік тауарларын
сатып алу және оларды азық-түлік тауарларының өңірлік тұрақтандыру қорынан өткізу
кезінде тіркелген бағаларды сақтамау –
заңды тұлғаларға екі жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
406-бап. Қазақстан Республикасының ветеринария саласындағы
заңнамасын бұзу
1. Қазақстан Республикасының ветеринария саласындағы заңнамасын:
1) карантин және шектеу іс-шараларының шарттары мен талаптарын сақтамау;
2) ветеринариялық (ветеринариялық-санитариялық) қағидаларды, талаптарды және
ветеринариялық нормативтерді:
мемлекеттiк ветеринариялық-санитариялық бақылауға және қадағалауға жататын,
орны ауыстырылатын (тасымалданатын) объектiлердi күтіп-ұстауға, өсiруге,
пайдалануға, өндiруге, дайындауға (союға), сақтауға, қайта өңдеуге және өткiзуге
байланысты мемлекеттiк ветеринариялық-санитариялық бақылау және қадағалау
объектілерін орналастыру, салу, реконструкциялау және пайдалануға беру кезiнде;
зообақтардағы, цирктердегi, омарталардағы, аквариумдардағы жануарларды қоса
алғанда, жануарларды асырау, өсiру және пайдалану кезінде;
ішкі сауда объектілерінде; жануарларды өсіруді, жануарларды, жануарлардан
алынатын өнім мен шикізатты дайындауды (союды), сақтауды, қайта өңдеуді және
өткізуді жүзеге асыратын өндіріс объектілерінде; ветеринариялық препараттарды,
жемшөп пен жемшөп қоспаларын өндіру, сақтау және өткізу жөніндегі ұйымдарда
қызметті жүзеге асыру кезінде;
мемлекеттiк ветеринариялық-санитариялық бақылауға және қадағалауға жататын,
орны ауыстырылатын (тасымалданатын) объектiлердi Қазақстан Республикасының
аумағында тасымалдауды (орнын ауыстыруды) жүзеге асыру кезiнде сақтамау;
3) Қазақстан Республикасының аумағын басқа мемлекеттерден жануарлардың
жұқпалы және экзотикалық ауруларының әкелінуі мен таралуынан қорғау
туралы нормативтiк құқықтық актiлердiң талаптарын сақтамау;
4) кейіннен өткізуге арналған ауыл шаруашылығы жануарларын союдың шарттары
мен талаптарын сақтамау;
5) ветеринариялық препараттардың, жемшөп қоспаларының тіркеу сынақтарын
жүргізу үшін қажетті көлемде өндіру, әкелу (импорт) жағдайларын қоспағанда, оларды
мемлекеттік тіркеусіз өндіруді, әкелуді (импортын), өткізуді және қолдануды
(пайдалануды) жүзеге асыру түрінде жасалған бұзушылық –
жеке тұлғаларға – жиырма, лауазымды адамдарға, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – елу, орта кәсіпкерлік
субъектілеріне – бір жүз, iрi кәсiпкерлiк субъектiлерiне екі жүз айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекеттер (әрекетсіздік) –
жеке тұлғаларға – қырық, лауазымды адамдарға, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – бір жүз, орта кәсiпкерлiк
субъектiлерiне – екі жүз, ірі кәсiпкерлiк субъектiлерiне төрт жүз айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
3. Ветеринариялық іс-шараларды өткізбеу немесе тиісінше өткізбеу, сондай-ақ
оларды өткізу мерзімдерін бұзу –
жеке тұлғаларға – жиырма бес, лауазымды адамдарға, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – бір жүз жиырма бес, орта
кәсіпкерлік субъектілеріне – екі жүз елу, iрi кәсiпкерлiк субъектiлерiне бес жүз
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін
бір жыл ішінде қайталап жасалған әрекеттер (әрекетсіздік) –
жеке тұлғаларға – елу, лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне
немесе коммерциялық емес ұйымдарға – екі жүз елу, орта кәсiпкерлiк субъектiлерiне –
бес жүз, ірі кәсiпкерлiк субъектiлерiне бір мың айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
5. Ауыл шаруашылығы жануарларын бірдейлендіруді қамтамасыз етпеу –
лауазымды адамдарға жиырма бес айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
6. Осы баптың бесінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет (әрекетсіздік) –
лауазымды адамдарға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
7. Жергілікті атқарушы органдардың өздеріне Қазақстан Республикасының
ветеринария саласындағы заңнамасымен жүктелген функцияларды орындамауы –
жергілікті атқарушы органдардың лауазымды адамдарына ескерту жасауға әкеп
соғады.
8. Осы баптың жетінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет (әрекетсіздік) –
жергілікті атқарушы органдардың лауазымды адамдарына бір жүз айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
9. Жергілікті атқарушы органдардың ветеринария саласындағы қызметті жүзеге
асыратын бөлімшелеріне, жергілікті атқарушы органдар құрған мемлекеттiк
ветеринариялық ұйымдарға, мемлекеттiк ветеринариялық-санитариялық бақылау және
қадағалау органдарына:
1) жаңадан сатып алынған жануар (жануарлар), алынған төл, оның (олардың)
сойылғаны және өткізілгені;
2) жануарлар қырылған, бiрнеше жануар бiр мезгiлде ауырған немесе олар
әдеттен тыс мiнез көрсеткен жағдайлар туралы хабарламау және ауру деп күдiк
келтiрiлген кезде ветеринария саласындағы мамандар, мемлекеттiк ветеринариялық-
санитариялық инспекторлар келгенге дейiн жануарларды оқшаулап ұстау бойынша шаралар
қолданбау –
жеке тұлғаларға ескерту жасауға немесе бес айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға
– жиырма бес, орта кәсіпкерлік субъектілеріне – елу, ірі кәсіпкерлік субъектілеріне
бір жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
10. Осы баптың тоғызыншы бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет (әрекетсіздік) –
жеке тұлғаларға – отыз, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – елу, орта кәсiпкерлiк субъектiлерiне – бір жүз, ірі кәсiпкерлiк
субъектiлерiне екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп
соғады.
11. Ветеринариялық құжаттарды беру тәртібін және олардың бланкілеріне
қойылатын талаптарды бұзу –
лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне – жиырма бес, орта
кәсіпкерлік субъектілеріне – елу, ірі кәсіпкерлік субъектілеріне бір жүз айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
12. Осы баптың он бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет (әрекетсіздік) –
лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне – елу, орта кәсіпкерлік
субъектілеріне – бір жүз, ірі кәсіпкерлік субъектілеріне екі жүз айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
13. Ветеринария саласындағы мамандардың ветеринариялық іс-шаралар өткізу
бойынша қызметтiк мiндеттерiн орындауы кезінде оларға жәрдем көрсетпеу –
жеке тұлғаларға – бес, лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне
немесе коммерциялық емес ұйымдарға – жиырма бес, орта кәсіпкерлік субъектілеріне –
елу, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
14. Жануарларды карантиндеу қағидаларын бұзу –
жеке тұлғаларға – бес, лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне
немесе коммерциялық емес ұйымдарға – жиырма бес, орта кәсіпкерлік субъектілеріне –
елу, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
15. Эпизоотияға қарсы күрес мәселелерi жөнiндегі нормативтiк құқықтық
актiлердi, сондай-ақ ветеринария саласындағы өзге де нормативтiк құқықтық актiлердi
эпизоотияның таралуына немесе өзге де ауыр зардаптарға әкеп соқпаған бұзу –
жеке тұлғаларға – он, лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне
немесе коммерциялық емес ұйымдарға – жиырма бес, орта кәсіпкерлік субъектілеріне –
елу, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
16. Осы баптың он үшінші, он төртінші және он бесінші бөліктерінде көзделген,
әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер
(әрекетсіздік) –
жеке тұлғаларға – жиырма, лауазымды адамдарға, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – елу, орта кәсiпкерлiк
субъектiлерiне – бір жүз, ірі кәсiпкерлiк субъектiлерiне екі жүз айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
407-бап. Қазақстан Республикасының асыл тұқымды мал
шаруашылығы туралы заңнамасын бұзу
1. Қазақстан Республикасының асыл тұқымды мал шаруашылығы туралы заңнамасын:
1) асыл тұқымды мал шаруашылығы саласындағы субъектілердің бағалаудан өтпеген
асыл тұқымдық өнімді (материалды) өткізуі;
2) асыл тұқымды мал шаруашылығы саласындағы субъектілердің асыл тұқымдық
куәлік бермей асыл тұқымдық өнімді (материалды) өткізуі;
3) асыл тұқымды мал шаруашылығы саласындағы субъектілердің деректерді есепке
алуды жүргізуден бас тартуы және есептілікті ұсынбауы;
4) асыл тұқымды мал шаруашылығы саласындағы субъектілердің асыл тұқымды мал
шаруашылығы жөніндегі мемлекеттік инспекторлардың актілерін орындамауы;
5) асыл тұқымды мал шаруашылығы саласындағы субъектілердің Қазақстан
Республикасының асыл тұқымды мал шаруашылығы туралы заңнамасында белгіленген
тәртіппен тіркелмеген асыл тұқымды малдан алынған ұрықтар мен эмбриондарды
пайдалануы;
6) асыл тұқымды мал шаруашылығы саласындағы субъектілердің бағалаудан өтпеген
асыл тұқымды малды өз төлiнен өсiру мақсатында пайдалануы;
7) асыл тұқымды мал шаруашылығы саласындағы субъектілердің асыл тұқымды малды
бағалау нәтижелерін бұрмалауы;
8) жеке және заңды тұлғалардың асыл тұқымды мал шаруашылығын дамыту
бағдарламалары шеңберінде бюджет қаражаттары есебінен сатып алынған асыл тұқымды
мал туралы деректерді асыл тұқымды малдың мемлекеттік тіркеліміне оларды тіркеу
үшін беруден бас тартуы;
9) жеке және заңды тұлғалардың асыл тұқымды мал шаруашылығын дамыту
бағдарламалары шеңберінде бюджет қаражаты есебінен өсіру мақсатында сатып алынған
асыл тұқымды малды пайдалану тәртібін бұзуы түрінде жасалған бұзушылық –
жеке тұлғаларға – он, шағын кәсіпкерлік субъектілеріне – отыз, орта
кәсіпкерлік субъектілеріне – елу, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Асыл тұқымды мал шаруашылығы саласындағы, хабарлама жасауға жататын
қызметті жүзеге асыратын жеке және заңды тұлғалардың «Асыл тұқымды мал шаруашылығы
туралы» Қазақстан Республикасының Заңында белгіленген міндеттерді сақтамауы –
асыл тұқымды мал шаруашылығы саласындағы субъектілердің қызметін тоқтата
тұрып не онсыз, жеке тұлғаларға – он, шағын кәсіпкерлік субъектілеріне – отыз, орта
кәсіпкерлік субъектілеріне – елу, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
3. Осы баптың бiрiншi және екінші бөлiктерiнде көзделген, әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер (әрекетсiздiк), сол
сияқты осы баптың бiрiншi және екінші бөлiктерiнде көзделген, әкiмшiлiк
жауаптылыққа тартуға әкеп соққан бұзушылықтарды жоймау –
асыл тұқымды мал шаруашылығы саласындағы қызметке тыйым салуға әкеп соғады.
408-бап. Иттер мен мысықтарды асырау және серуендету
қағидаларын, қаңғыбас иттер мен мысықтарды аулау
және жою қағидаларын бұзу
1. Облыстардың, республикалық маңызы бар қалалардың және астананың жергiлiктi
өкiлдi органдары белгiлеген, қалаларда және басқа да елдi мекендерде иттер мен
мысықтарды асырау және серуендету қағидаларын, қаңғыбас иттер мен мысықтарды аулау
және жою қағидаларын бұзу –
ескерту жасауға немесе үш айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
2. Жеке тұлғалардың денсаулығына немесе мүлкiне залал келтiруге әкеп соққан
дәл сол әрекеттер –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
23-тарау. Білім беру, дене шынықтыру және спорт саласындағы
әкімшілік құқық бұзушылықтар
Ескерту. 23-тараудың тақырыбы жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
409-бап. Қазақстан Республикасының білім беру саласындағы
заңнамасын бұзу
Ескерту. Тақырып жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
1. Педагог жұмыскердің міндеттерін және педагогтік әдеп нормаларын орындамауы
немесе тиісінше орындамауы –
жеке тұлғаларға он айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп
соғады.
2. Ата-аналардың немесе өзге де заңды өкілдердің Қазақстан Республикасының
білім беру саласындағы заңнамасында көзделген міндеттерді орындамауы немесе
тиісінше орындамауы –
он айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
3. Білім беру ұйымы басшысының немесе өзге де лауазымды адамының міндеттеріне
салғырт қарауы немесе адал қарамауының салдарынан оларды орындамауы немесе тиісінше
орындамауы, егер бұл оқу және тәрбие беру процесі кезінде білім беру ұйымдары
тәрбиеленушілерінің, білім алушылары мен жұмыскерлерінің денсаулығына жеңіл зиян
келтіруге әкеп соқса, –
елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
4. Білім беру ұйымдарының талаптарды:
1) білім беру ұйымдары қызметінің үлгілік қағидаларын сақтамау;
2) білім беру ұйымдарына қабылдаудың үлгілік қағидаларын сақтамау;
3) білім алушыларды білім беру ұйымының үлгілері бойынша ауыстырудың және
қайта қабылдаудың үлгілік қағидаларын сақтамау;
4) білім беру ұйымдарында білім алушыларға академиялық демалыстар берудің
үлгілік қағидаларын сақтамау;
5) жоғары оқу орындарының профессор-оқытушылар құрамы мен ғылыми
жұмыскерлерін лауазымдарға конкурстық орналастырудың үлгілік қағидаларын сақтамау
түрінде жасалған бұзушылық –
лицензияның қолданылуын тоқтата тұрып, лауазымды адамдарға – он, шағын
кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – он бес, орта
кәсіпкерлік субъектілеріне – жиырма, iрi кәсiпкерлiк субъектiлерiне жиырма бес
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
5. Білім беру ұйымдарында саяси партиялардың ұйымдық құрылымдарын құру және
олардың қызметі –
лауазымды адамдарға, шағын кәсіпкерлік субъектілеріне – он, орта кәсіпкерлік
субъектілеріне – он бес, iрi кәсiпкерлiк субъектiлерiне жиырма айлық есептік
көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
6. Көрсетілетін білім беру қызметтерінің мемлекеттік жалпыға міндетті білім
беру стандартының талаптарына сәйкес келмеуі, сондай-ақ мемлекеттік жалпыға
міндетті білім беру стандарттарының талаптарын өзге де бұзушылықтар –
лицензияның қолданылуын тоқтата тұрып, лауазымды адамдарға, шағын кәсіпкерлік
субъектілеріне – он бес, орта кәсіпкерлік субъектілеріне – жиырма, iрi кәсiпкерлiк
субъектiлерiне отыз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
7. Осы баптың бірінші – алтыншы бөліктерінде көзделген, әкімшілік жаза
қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер (әрекетсіздік) –
лицензиядан айыра отырып, жеке тұлғаларға – жиырма, лауазымды адамдарға –
отыз, шағын кәсіпкерлік субъектілеріне – қырық, орта кәсіпкерлік субъектілеріне –
елу, iрi кәсiпкерлiк субъектiлерiне алпыс айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
8. Сабақтар мен жарыстар өткізілетін орындарды спорттық мүкәммалмен және
жабдықпен қамтамасыз ету жөніндегі талаптарды сақтамау –
заңды тұлғаларға бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
9. Мемлекет меншігіне жататын дене шынықтыру-сауықтыру, спорт ғимараттарын
оларға тең дәрежедегі дене шынықтыру-сауықтыру, спорт ғимараттарын салмай тұрып
жою, олардың нысаналы және функционалдық мақсатын өзгерту –
лауазымды адамдарға бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
10. Спорттық іс-шараларға қатысушыларды медициналық көмекпен қамтамасыз ету
және нормативтік талаптарға сәйкес медициналық тексеруден өтпеген спортшыларға
рұқсат беру жөніндегі талаптарды сақтамау –
заңды тұлғаларға бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
11. Осы баптың оныншы бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған іс-әрекет –
бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
Ескерту. 409-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
24-тарау. ҚОҒАМДЫҚ ҚАУІПСІЗДІККЕ ЖӘНЕ ХАЛЫҚТЫҢ ДЕНСАУЛЫҒЫНА ҚОЛ
СҰҒАТЫН ӘКІМШІЛІК ҚҰҚЫҚ БҰЗУШЫЛЫҚТАР 410-бап. Өрт қауiпсiздiгi талаптарын бұзу немесе орындамау
1. Ұйымдарда, қоғамдық орындарда, қоймалық үй-жайларда, ауыл шаруашылығы
алқаптарында, жатақханаларда және тұрғын үйлерде өрт қауiпсiздiгi қағидаларында,
техникалық регламенттерде, құрылыс нормалары мен қағидаларында, ұлттық
стандарттарда көзделген өртке қарсы талаптарды бұзу немесе орындамау –
ескерту жасауға немесе жеке тұлғаларға – бес, лауазымды адамдарға, шағын
кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – он бес, орта
кәсіпкерлік субъектілеріне – жиырма бес, iрi кәсiпкерлiк субъектiлерiне елу айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекеттер (әрекетсіздік) –
жеке тұлғаларға – он, лауазымды адамдарға, шағын кәсіпкерлік субъектілеріне
немесе коммерциялық емес ұйымдарға – жиырма, орта кәсіпкерлік субъектілеріне –
отыз, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
3. Осы баптың бірінші бөлігінде көзделген, адамның денсаулығына зиян немесе
айтарлықтай залал келтiрген өрттiң шығуына әкеп соққан әрекет (әрекетсіздік),
қылмыс құрамы болмаған кезде –
жеке тұлғаларға – он, лауазымды адамдарға, шағын кәсіпкерлік субъектілеріне
немесе коммерциялық емес ұйымдарға – жиырма, орта кәсіпкерлік субъектілеріне –
отыз, iрi кәсiпкерлiк субъектiлерiне елу айлық есептік көрсеткіш мөлшерiнде айыппұл
салуға әкеп соғады.
Ескертпе. Осы бапқа қатысты әкiмшiлiк құқық бұзушылық жасаған кезде елу айлық
есептiк көрсеткiштен асатын сома айтарлықтай мөлшердегi залал деп танылады.
410-1-бап. Өрт қауіпсіздігі саласында аудит жүргізу
кезінде Қазақстан Республикасының заңнамасын
бұзу
1. Сараптама ұйымының азаматтық қорғау саласындағы уәкілетті органның
аумақтық бөлімшесіне өрт қауіпсіздігі саласында жүргізілген аудит нәтижелері
бойынша қорытындының көшірмесін ұсынбауы не уақтылы ұсынбауы –
сараптама ұйымына отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
2. Сараптама ұйымының өрт қауіпсіздігі саласында аудит жүргізу нәтижелері
бойынша объектінің өрт қауіпсіздігі талаптарына сәйкес келуі (сәйкес келмеуі)
туралы анық емес ақпараты бар қорытынды ұсынуы –
сараптама ұйымына елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
3. Осы баптың бірінші және екінші бөліктерінде көзделген, әкімшілік жаза
қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер (әрекетсіздік),
сондай-ақ сараптама ұйымының өрт қауіпсіздігі саласында аудит жүргізу нәтижелері
бойынша көрінеу жалған қорытынды ұсынуы –
аккредиттеу аттестатынан айыра отырып, сараптама ұйымына бір жүз айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
Ескерту. 24-тарау 410-1-баппен толықтырылды - ҚР 29.12.2014 № 269-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
411-бап. Өрт қауiпсiздiгi талаптарына сай келмейтiн
жарылу-өрт қаупi және өрт қаупi бар өнiмдi
шығару және өткiзу
Өрт қауiпсiздiгi талаптарына сай келмейтiн жарылу-өрт қаупi және өрт қаупi
бар өнiмдi шығару және өткiзу, егер бұл абайсызда денсаулыққа ауыр немесе ауырлығы
орташа зиян және (немесе) жеке тұлғаға немесе заңды тұлғаға не мемлекетке iрi залал
келтiруге әкеп соқпаса, –
лауазымды адамдарға, шағын кәсіпкерлік субъектілеріне – отыз, орта
кәсіпкерлік субъектілеріне – елу, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпе. Осы Кодекстiң осы бабына қатысты әкiмшiлiк құқық бұзушылық жасаған
кезде бiр жүз айлық есептiк көрсеткiштен асатын сома iрi залал деп танылады.
412-бап. Су айдындарында қауiпсiздiк қағидаларын бұзу
немесе орындамау
Қылмыстық жаза қолданылатын іс-әрекет белгілері болмаған кезде су
айдындарында қауiпсiздiк қағидаларының сақталуына жауапты тұлғаның оларды бұзуы
немесе орындамауы –
жеке тұлғаларға – жеті, шағын кәсіпкерлік субъектілеріне – он, орта
кәсіпкерлік субъектілеріне – жиырма, iрi кәсiпкерлiк субъектiлерiне алпыс айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
Ескерту. 412-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
413-бап. Атом энергиясын пайдалану кезiнде радиациялық
қауiпсiздiк талаптарын бұзу
Атмосфераға, сулы ортаға және жер қойнауына уәкiлеттi мемлекеттiк органдар
белгiлеген деңгейден асатын мөлшерде радиоактивтi заттарды негiзсiз немесе әдейi
шығару; сәуле алуға ұшыраған немесе құрамында радиоактивтi заттар бар өнiмді және
материалдарды халықтың пайдалануы мен тұтынуы мақсатында уәкiлеттi мемлекеттiк
органдардың рұқсатынсыз шаруашылық айналымға тарту; тиiстi даярлықтан өтпеген не
бiлiктiлiгiн куәландыратын құжаты жоқ адамдарды, сондай-ақ он сегiз жасқа толмаған
немесе медициналық қарсы көрсетілімдері бар адамдарды атом энергиясын пайдалану
объектiсiндегi жұмысқа жiберу; радиоактивтi заттар мен иондандырушы сәуле көздерiн
есепке алу мен бақылауды қамтамасыз ету жөнiндегi талаптарды бұзу, егер бұл
әрекеттерде қылмыстық жазаланатын iс-әрекет белгiлерi болмаса, –
жеке тұлғаларға – жиырма, лауазымды адамдарға, шағын кәсіпкерлік
субъектілеріне – қырық бес, орта кәсіпкерлік субъектілеріне – жетпіс, iрi
кәсiпкерлiк субъектiлерiне екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл
салуға не атом энергиясын пайдалану саласындағы қызметтің белгілі бір түріне
лицензиядан айыруға әкеп соғады.
414-бап. Ядролық қаруды таратпау режимiнiң талаптарын бұзу
Ядролық экспорт пен импорттың белгiленген тәртiбiн бұзу, ядролық
материалдарды, атом энергиясын пайдалану объектiлерiн физикалық қорғауды қамтамасыз
ету жөнiндегi талаптарды бұзу; ядролық материалдарды, иондандырушы сәуле көздерін
есепке алу мен бақылауды қамтамасыз ету жөнiндегi талаптарды бұзу, егер бұл
әрекеттерде қылмыстық жазаланатын iс-әрекет белгiлерi болмаса, –
жеке тұлғаларға – он, лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне –
қырық, орта кәсiпкерлiк субъектiлерiне – жетпіс, ірі кәсіпкерлік субъектілеріне –
екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға не атом энергиясын
пайдалану саласындағы қызметке лицензиялардан, арнайы рұқсаттардан айыруға әкеп
соғады.
415-бап. Қазақстан Республикасының техникалық реттеу
саласындағы заңнамасын бұзу
1. Қазақстан Республикасының техникалық реттеу саласындағы заңнамасын:
1) техникалық регламенттердің талаптарына сәйкес келмейтін өнімді шығару және
өткізу;
2) стандарттау жөніндегі нормативтік құжаттың талаптарына сәйкес келмейтін
өнімді көтерме немесе бөлшек саудаға, нарықтарға шығару;
3) сәйкестiк сертификаты, сәйкестік белгісі немесе сәйкестiк туралы
декларациясы болмаған, сондай-ақ олар қолдан жасалған, қолданылу мерзiмi өткен
немесе тоқтатыла тұрған жағдайда, сәйкестiгi мiндеттi расталуға жататын өнімді
импорттау және (немесе) өткiзу;
4) сәйкестікті растау және аккредиттеу жөніндегі жұмыстарды жүргізу тәртібін
бұзу;
5) сәйкестiк сертификатын негiзсiз беру немесе оның қолданылуын растау, сол
сияқты сәйкестiк туралы декларацияны, өтініш-декларацияны негiзсiз қабылдау немесе
тiркеу түрінде жасалған бұзушылық -
аккредиттеу аттестатын, сәйкестікті растау, аккредиттеу жөніндегі сарапшы-
аудиторлардың аттестаттарын алты ай мерзімге тоқтата тұрып, жеке тұлғаларға – отыз,
шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – алпыс бес,
орта кәсіпкерлік субъектілеріне – бір жүз, ірі кәсіпкерлік субъектілеріне екі жүз
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайта жасалған әрекеттер (әрекетсіздік) -
аккредиттеу аттестатынан, сәйкестікті растау, аккредиттеу жөніндегі сарапшы-
аудиторлардың аттестаттарынан айыра отырып, жеке тұлғаларға – қырық бес, шағын
кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – бір жүз жиырма,
орта кәсіпкерлік субъектілеріне – екі жүз, ірі кәсіпкерлік субъектілеріне төрт жүз
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
416-бап. Өнімнің жекелеген түрлерінің қауіпсіздігін
қамтамасыз ету саласындағы заңнаманы бұзу
Субъектінің тамақ өнімдерінің, химиялық өнімнің, машиналар мен
жабдықтардың, ойыншықтардың қауіпсіздігі туралы заңнамалық актілерде және
техникалық регламенттерде белгіленген қауіпсіздік талаптарына сәйкес келмейтіндігі
анықталған кезден бастап өнімнің өмірлік циклі процестерін жүзеге асыруды
тоқтатпауы –
қызметті тоқтата тұрып немесе онсыз, өнім тәркілене отырып немесе онсыз, жеке
тұлғаларға – бір жүз алпыс, шағын кәсіпкерлік субъектілеріне немесе коммерциялық
емес ұйымдарға – екі жүз отыз, орта кәсіпкерлік субъектілеріне – үш жүз он, ірі
кәсіпкерлік субъектілеріне бір мың алты жүз айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
Ескертпе.
Осы бапқа қатысты тамақ өнімдерінің, химиялық өнімнің, машиналар мен
жабдықтардың, ойыншықтардың қауіпсіздігі туралы заңнамалық актілерге сәйкес өнім
қауіпсіздігіне жауапты тұлғалар субъектілер деп танылады.
417-бап. Тауардың шығарылған жері туралы сертификатты және
Кеден одағының тауары немесе шетел тауары
нысандарының қорытындысын беру тәртібін бұзу
1. Тауардың шығарылған елiн, Кеден одағы тауарының немесе шетел тауарының
мәртебесін айқындау жөнiндегі сарапшы-аудиторлардың тауар туралы деректер
бұрмаланған және (немесе) анық емес, тауардың шығарылған жері туралы, Кеден одағы
тауарының немесе шетел тауарының мәртебесін айқындау туралы сараптама актілерін
жасауы және оларды сараптама ұйымының беруі –
тауардың шығарылған елiн, Кеден одағы тауарының немесе шетел тауарының
мәртебесін айқындау жөнiндегi сарапшы-аудиторлардың аттестаттарын алты ай мерзімге
тоқтата тұрып, тауардың шығарылған елiн, Кеден одағы тауарының немесе шетел
тауарының мәртебесін айқындау жөнiндегi сарапшы-аудиторларға – он айлық есептiк
көрсеткiш мөлшерiнде, қызметті үш ай мерзімге тоқтата тұрып, сарапшылық ұйымдарына
отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Тауардың шығарылған жері туралы тиiсінше ресiмделген сараптама актiсi және
техникалық реттеу саласындағы уәкiлеттi орган бекiтетін тiзбе бойынша тауардың
шығарылған жерін растайтын құжаттар, ішкі айналымға арналған тауардың шығарылған
жерін растайтын құжаттар ұсынылған жағдайда, тауардың шығарылған жері туралы
сертификатты беруден бас тарту немесе Кеден одағы тауарының немесе шетел тауарының
мәртебесін айқындау туралы тиісінше ресімделген сараптама актісі және Кеден одағы
тауарының немесе шетел тауарының мәртебесін растайтын мәліметтер, құжаттар
ұсынылған жағдайда, Кеден одағының тауары немесе шетел тауары нысандарының
қорытындысын беруден бас тарту –
тауардың шығарылған жері туралы сертификат беруге уәкілеттік берілген ұйымға,
ішкі айналымға арналған тауардың шығарылған жері туралы сертификатты, Кеден
одағының тауары немесе шетел тауары нысандарының қорытындысын беруге уәкілеттік
берілген органдарға (ұйымдарға) елу айлық есептік көрсеткіш мөлшерiнде айыппұл
салуға әкеп соғады.
3. Тауар туралы деректер бұрмаланған және (немесе) анық емес, уәкілетті
ұйымның тауардың шығарылған жері туралы сертификатты, ішкі айналымға арналған
тауардың шығарылған жері туралы сертификатты, Кеден одағының тауары немесе шетел
тауары нысандарының қорытындысын беруге уәкілеттік берілген органдардың
(ұйымдардың) ішкі айналымға арналған тауардың шығарылған жері туралы сертификатты,
Кеден одағының тауары немесе шетел тауары нысандарының қорытындысын беруі –
тауардың шығарылған жері туралы сертификат беруге уәкілеттік берілген ұйымға,
ішкі айналымға арналған тауардың шығарылған жері туралы сертификатты, Кеден
одағының тауары немесе шетел тауары нысандарының қорытындысын беруге уәкілеттік
берілген органдарға (ұйымдарға) отыз айлық есептік көрсеткіш мөлшерiнде айыппұл
салуға әкеп соғады.
4. Уәкілетті ұйымның, ішкі айналымға арналған тауардың шығарылған жері
туралы сертификатты, Кеден одағының тауары немесе шетел тауары нысандарының
қорытындысын беруге уәкілеттік берілген органдардың (ұйымдардың) тауардың
шығарылған жері туралы сертификатты, ішкі айналымға арналған тауардың шығарылған
жері туралы сертификатты, Кеден одағының тауары немесе шетел тауары нысандарының
қорытындысын, сондай-ақ оларды беруден бас тарту туралы жазбаша уәжді шешiмді беру
мерзімін бұзуы –
сертификат беруге уәкілеттік берілген ұйымға, ішкі айналымға арналған
тауардың шығарылған жері туралы сертификатты, Кеден одағының тауары немесе шетел
тауары нысандарының қорытындысын беруге уәкілеттік берілген органдарға (ұйымдарға)
отыз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
5. Бұрмаланған және (немесе) анық емес, тауардың шығарылған жері туралы
сертификат алу үшiн техникалық реттеу саласындағы уәкiлеттi орган бекiтетін тiзбе
бойынша тауардың шығарылған жерін растайтын құжаттарды, ішкі айналымға арналған
тауардың шығарылған жері туралы сертификат алу үшін ішкі айналымға арналған
тауардың шығарылған жерін растайтын құжаттарды, сондай-ақ Кеден одағының тауары
немесе шетел тауары нысандарының қорытындыларын алу үшін Кеден одағы тауарының
немесе шетел тауарының мәртебесін растайтын мәліметтерді, құжаттарды ұсыну –
шағын кәсіпкерлік субъектілеріне – он екі, орта кәсіпкерлік субъектілеріне –
жиырма, iрi кәсiпкерлiк субъектiлерiне отыз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
6. Осы баптың бiрiншi, екiншi, үшiншi және төртiншi бөлiктерiнде көзделген,
әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер
(әрекетсіздік) –
тауардың шығарылған елін, Кеден одағы тауарының немесе шетел тауарының
мәртебесін айқындау жөнiндегi сарапшы-аудиторлардың аттестаттарынан айыра отырып,
тауардың шығарылған елін, Кеден одағы тауарының немесе шетел тауарының мәртебесін
айқындау жөнiндегi сарапшы-аудиторларға – қырық айлық есептiк көрсеткiш мөлшерiнде,
қызметті үш айға дейінгі мерзімге тоқтата тұрып, сертификат беруге уәкілеттік
берілген ұйымға, ішкі айналымға арналған тауардың шығарылған жері туралы
сертификатты, Кеден одағының тауары немесе шетел тауары нысандарының қорытындысын
беруге уәкілеттік берілген органдарға (ұйымдарға) – бір жүз айлық есептiк көрсеткiш
мөлшерiнде, сарапшылық ұйымдарға алпыс айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
418-бап. Қазақстан Республикасының Мемлекеттік Туы мен
Қазақстан Республикасының Мемлекеттік
Елтаңбасына, сондай-ақ олар бейнеленген
материалдық объектілерге қойылатын ұлттық
стандарттарды бұзу
1. Ұлттық стандарт талаптарына сәйкес келмейтін Қазақстан Республикасының
Мемлекеттік Туы мен Қазақстан Республикасының Мемлекеттік Елтаңбасын, сондай-ақ
олар бейнеленген материалдық объектілерді дайындау, пайдалану және орналастыру –
жеке тұлғаларға – елу, шағын кәсіпкерлік субъектілеріне немесе коммерциялық
емес ұйымдарға – бір жүз, орта кәсіпкерлік субъектілеріне – бір жүз елу, ірі
кәсіпкерлік субъектілеріне төрт жүз айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
жеке тұлғаларға – сексен, шағын кәсіпкерлік субъектілеріне немесе
коммерциялық емес ұйымдарға – бір жүз қырық, орта кәсіпкерлік субъектілеріне – екі
жүз, ірі кәсіпкерлік субъектілеріне бес жүз айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
419-бап. Қазақстан Республикасының өлшем бірлігін
қамтамасыз ету туралы заңнамасын бұзу
1. Қазақстан Республикасының өлшем бірлігін қамтамасыз ету туралы заңнамасын:
1) тауарларды өлшеп орау, сату және импорттау кезінде кез келген қаптамадағы
өлшеп оралған тауарлар санының қаптамаларда белгіленген шамаға сәйкес келмеуіне жол
беру;
2) сауда операцияларын жасау кезінде иеліктен шығарылатын тауарлар санын
сипаттайтын салмақты, көлемді, шығысты немесе басқа да шамаларды анықтаудың бақылау
(тауар) чегінде немесе тексерілетін тауарлардың сатып алынғанын растайтын өзге де
құжатта көрсетілген тауарлар санына сәйкес келмеуіне жол беру;
3) аккредиттеусіз өлшем құралдарын салыстырып тексеру, өлшемдерді орындау
әдістемелерін метрологиялық аттестаттау;
4) мемлекеттік метрологиялық бақылауға жататын, түрін бекіту мақсаты үшін
сынақтан немесе метрологиялық аттестаттаудан, сондай-ақ салыстырып тексеруден
өтпеген және (немесе) өлшем бірлігін қамтамасыз етудің мемлекеттік жүйесінің
тізіліміне енгізілмеген өлшем құралдарын және стандарттық үлгілерді айналысқа
шығару, қолдану, өткізу және жарнамалау;
5) мемлекеттік метрологиялық бақылауға жататын және метрологиялық
аттестаттаудан және өлшем бірлігін қамтамасыз етудің мемлекеттік жүйесінің
тізілімінде тіркеуден өтпеген өлшемдерді орындау әдістемелерін қолдану түрінде
жасалған бұзушылық –
өлшем бірлігін қамтамасыз ету саласындағы аккредиттеу аттестатын, техникалық
сарапшы сертификатын, салыстырып тексеруші сертификатын алты ай мерзімге тоқтата
тұрып, жеке тұлғаларға – отыз, шағын кәсіпкерлік субъектілеріне немесе коммерциялық
емес ұйымдарға – алпыс бес, орта кәсіпкерлік субъектілеріне – бір жүз, ірі
кәсіпкерлік субъектілеріне екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер (әрекетсіздік) –
өлшем бірлігін қамтамасыз ету саласындағы аккредиттеу аттестатынан,
техникалық сарапшы сертификатынан, салыстырып тексеруші сертификатынан айыра
отырып, жеке тұлғаларға – отыз, шағын кәсіпкерлік субъектілеріне немесе
коммерциялық емес ұйымдарға – тоқсан, орта кәсіпкерлік субъектілеріне – бір жүз
елу, ірі кәсіпкерлік субъектілеріне үш жүз айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
Ескерту. 419-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
420-бап. Жабайы сораны жоюға шара қолданбау
Ауыл шаруашылығы дақылдары егiстiктерiнде, бақшаларда, жүзiмдiктерде,
питомниктер мен парктерде, егiн алқабының, суландыру және ирригациялық-
мелиоративтiк желiлердiң жиегiнде, тас және темiржолдардың оқшау белдеулерiнде,
ұйымдардың аумақтарында, қалалар, кенттер мен басқа да елдi мекендер тұрғындарының
жер учаскелерiнде, сондай-ақ мемлекеттiк орман және су қорлары, мемлекеттiк запас
жерінде және нұсқамадан кейiн ұйымдарға бекiтiлiп берiлген жерде жабайы сораны
жоюға шаралар қолданбау –
жеке тұлғаларға – он, шағын кәсіпкерлік субъектілеріне немесе коммерциялық
емес ұйымдарға – қырық, орта кәсіпкерлік субъектілеріне – жетпіс, ірі кәсіпкерлік
субъектілеріне бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
421-бап. Құрамында есiрткi бар егiстiктердi күзетудi
қамтамасыз етуге шаралар қолданбау
Сора, көкнәр немесе құрамында есiрткi заттары бар басқа да өсiмдiктер
егiстiктерiн, осы дақылдардың өнiмiн сақтау мен өңдеу орындарын күзетудiң
белгiленген режимiн қамтамасыз етуге шаралар қолданбау, сол сияқты құрамында
есiрткi заттары бар аңыз қалдықтарын және өндiрiс қалдықтарын жоюға шаралар
қолданбау –
шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – алпыс,
орта кәсіпкерлік субъектілеріне – бір жүз, ірі кәсіпкерлік субъектілеріне екі жүз
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
422-бап. Есірткі, психотроптық заттар мен прекурсорларды
өткізудің және (немесе) медициналық емес
тұрғыдан тұтынудың жолын кесуге шаралар
қолданбау
1. Ойын-сауық мекемесі, сондай-ақ білім беру ұйымы иесінің есірткі,
психотроптық заттар мен прекурсорларды өткізудің және (немесе) медициналық емес
тұрғыдан тұтынудың жолын кесуге шаралар қолданбауы –
шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – бір жүз
елу, орта кәсіпкерлік субъектілеріне – үш жүз, ірі кәсіпкерлік субъектілеріне бір
мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекеттер (әрекетсіздік) –
шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – екі
жүз, орта кәсіпкерлік субъектілеріне – төрт жүз, ірі кәсіпкерлік субъектілеріне –
екі мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
Ескертпе. Осы Кодексте көрсетілген ойын-сауық мекемелеріне ойын мекемелері,
түнгі клубтар, дәмхана-барлар, мейрамханалар, интернет-дәмханалар, компьютер,
бильярд, боулинг-клубтары мен кинотеатрлар, театр-ойын-сауық мақсатындағы
объектілер және көңіл көтеру-демалыс, театр-ойын-сауық, спорт, мәдени-демалыс
мақсатында қызметтер көрсетілетін өзге де ғимараттар, үй-жайлар, құрылыстар жатады.
423-бап. Есiрткi, психотроптық заттар мен прекурсорларды
насихаттау және заңсыз жарнамалау
1. Есiрткi, психотроптық заттар мен прекурсорларды насихаттау және заңсыз
жарнамалау –
шағын кәсіпкерлік субъектілеріне – бір жүз елу, орта кәсіпкерлік
субъектілеріне – үш жүз, ірі кәсіпкерлік субъектілеріне бес жүз айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Қазақстан Республикасында бақылау жасалуға жататын есiрткi, психотроптық
заттар мен прекурсорлар тiзiмiне енгізілген есiрткi мен психотроптық заттарды
медицина және фармацевтика жұмыскерлерiне арналған мамандандырылмаған баспасөз
басылымдарында жарнамалау, сол сияқты құрамында есiрткi мен психотроптық заттар бар
дәрiлiк препараттардың үлгiлерiн жарнамалау мақсатында тарату –
тиiстi қызмет түрiне лицензиядан айыра отырып не онсыз, шағын кәсіпкерлік
субъектілеріне – екі жүз, орта кәсіпкерлік субъектілеріне – төрт жүз, ірі
кәсіпкерлік субъектілеріне жеті жүз айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
Ескертпелер.
1. Осы бапта есiрткi, психотроптық заттар мен прекурсорларды насихаттау деп
жеке және заңды тұлғалардың есiрткi, психотроптық заттар мен прекурсорларды
әзiрлеу, дайындау және пайдалану әдiстерi, тәсiлдерi туралы, сатып алу орындары
туралы мәлiметтердi таратуға, сондай-ақ кiтап өнiмдерiн, бұқаралық ақпарат
құралдары өнiмдерiн шығаруға және таратуға, көрсетілген мәлiметтердi компьютер
желiлерiнде таратуға немесе осы мақсаттарда өзге де әрекеттер жасауға бағытталған
қызметiн түсiну керек.
2. Осы бапта есiрткi, психотроптық заттар мен прекурсорларды заңсыз
жарнамалау деп жеке және заңды тұлғалардың адамның қабылдауы мен түйсiгiне өзі
сезiне алмайтындай әсер ететiн, оның есiрткi, психотроптық заттар мен
прекурсорларға қызығушылығын қалыптастыратын немесе қолдайтын кез келген ақпаратты
кез келген құралдар көмегiмен кез келген нысанда тарату және орналастыру жөнiндегi
қызметiн түсiну керек.
424-бап. Заңсыз медициналық және (немесе) фармацевтикалық
қызмет
1. Қызметтiң осы түрiне арналған сертификаты және (немесе) лицензиясы жоқ
тұлғаның заңсыз медициналық және (немесе) фармацевтикалық қызметпен айналысуы –
жеке тұлғаларға – бес, лауазымды адамдарға – он бес, шағын кәсіпкерлік
субъектілеріне – жиырма, орта кәсіпкерлік субъектілеріне – елу, ірі кәсіпкерлік
субъектілеріне жетпіс айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
2. Тегiн медициналық көмектiң кепiлдiк берілген көлемiн көрсететiн денсаулық
сақтау ұйымдарында оны ақылы негiзде көрсету –
жеке тұлғаларға – он, лауазымды адамдарға, шағын кәсіпкерлік субъектілеріне –
отыз, орта кәсіпкерлік субъектілеріне – елу, ірі кәсіпкерлік субъектілеріне төрт
жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Осы баптың екiншi бөлiгiнде көзделген іс-әрекеттердi әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасау –
жеке тұлғаларға маман сертификатынан айыра отырып – отыз, әкiмшiлiк құқық
бұзушылық жасау салдарынан алынған кiрiстер тәркiлене отырып, лауазымды адамдарға,
шағын кәсіпкерлік субъектілеріне – алпыс бес, орта кәсіпкерлік субъектілеріне – бір
жүз, ірі кәсіпкерлік субъектілеріне жеті жүз айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
4. Көпшілікпен емшілік сеанстарын (екі және одан да көп адам) өткізу, оның
ішінде бұқаралық ақпарат құралдарын пайдалану арқылы өткізу –
бір жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
5. Заңнамада көзделген жағдайларды қоспағанда, дәрiлiк заттар тағайындауға
уәкiлеттi медицина жұмыскерлерiнiң сыйақы алу мақсатында дәрiлiк заттар жарнамасына
қатысуы, медицина жұмыскерлерiнiң дәрiлiк заттарды жұмыс орнында өткізуі, сондай-ақ
белгiлi бiр дәрiхана ұйымдарына немесе өзге де ұйым түрлеріне жiберуі және олармен
ынтымақтастықтың басқа да нысандары –
жеке тұлғаларға маман сертификатынан айыра отырып – сексен, лауазымды
адамдарға, шағын кәсіпкерлік субъектілеріне – бір жүз, орта кәсіпкерлік
субъектілеріне – екі жүз, ірі кәсіпкерлік субъектілеріне үш жүз айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
425-бап. Халықтың санитариялық-эпидемиологиялық
саламаттылығы саласындағы заңнама талаптарын,
сондай-ақ гигиеналық нормативтердi бұзу
1. Халықтың санитариялық-эпидемиологиялық саламаттылығы саласындағы
нормативтік құқықтық актілерді, сондай-ақ гигиеналық нормативтердi, техникалық
регламенттерді абайсызда адамдардың жаппай ауруға шалдығуына немесе улануына әкеп
соқпаған бұзушылық –
жеке тұлғаларға – он, лауазымды адамдарға, шағын кәсіпкерлік субъектілеріне –
жиырма, орта кәсіпкерлік субъектілеріне – қырық, ірі кәсіпкерлік субъектілеріне –
бір жүз жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, адамның денсаулығына зиян
келтiруге әкеп соққан әрекет (әрекетсіздік), егер бұл әрекетте (әрекетсіздікте)
қылмыстық жазаланатын іс-әрекет белгiлерi болмаса, –
қызметтi тоқтата тұрып не онсыз, жеке тұлғаларға – екі жүз, лауазымды
адамдарға, шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – үш
жүз, орта кәсіпкерлік субъектілеріне – төрт жүз, ірі кәсіпкерлік субъектілеріне екі
мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
426-бап. Фармацевтикалық қызметтің және дәрілік заттардың,
медициналық мақсаттағы бұйымдар мен медициналық
техниканың айналысы саласының қағидаларын бұзу
1. Дәрiлiк заттарды, медициналық мақсаттағы бұйымдар мен медициналық
техниканы тiркеу және қайта тiркеу, өндiру, дайындау және сапасын бақылау, сынау
(зерттеу), әкелу, сатып алу, тасымалдау, сақтау, таңбалау, өткiзу, қолдану
(пайдалану), қамтамасыз ету, жою, жарнамалау қағидаларын бұзу, егер бұл адамның
денсаулығына зиян келтiруге әкеп соқпаса, –
жеке тұлғаларға – жетпіс, лауазымды адамдарға – бір жүз, шағын кәсіпкерлік
субъектілеріне – бір жүз отыз, орта кәсіпкерлік субъектілеріне – екі жүз, ірі
кәсіпкерлік субъектілеріне бір мың айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
2. Тiркелмеген, қолдануға рұқсат етiлмеген дәрiлiк заттарды, медициналық
мақсаттағы бұйымдар мен медициналық техниканы өндiру, сатып алу, тасымалдау,
сақтау, өткiзу, қолдану (пайдалану), жарнамалау, егер бұлар адамның денсаулығына
зиян келтiруге әкеп соқпаса, –
қызметтi тоқтата тұрып, әкімшілік құқық бұзушылық жасаудың тікелей нысаналары
болып табылатын дәрілік және оларға теңестірілген заттар, емдеу-профилактикалық
тағам өнімдері мен тағамдық қоспалар, сондай-ақ косметикалық заттар және әкiмшiлiк
құқық бұзушылық жасау салдарынан алынған кiрiстер тәркiлене отырып, жеке тұлғаларға
– бір жүз, лауазымды адамдарға – бір жүз елу, шағын кәсіпкерлік субъектілеріне –
екі жүз, орта кәсіпкерлік субъектілеріне – үш жүз, ірі кәсіпкерлік субъектілеріне –
бір мың бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Осы баптың бiрiншi немесе екiншi бөлiктерiнде көзделген, адамның
денсаулығына зиян келтiруге әкеп соққан іс-әрекеттер, егер бұл әрекеттерде
қылмыстық жазаланатын іс-әрекет белгiлерi болмаса, -
әкімшілік құқық бұзушылық жасаудың тікелей нысаналары болып табылатын дәрілік
заттар, медициналық мақсаттағы бұйымдар мен медициналық техника, емдеу-
профилактикалық тағам өнімдері мен тағамдық қоспалар, сондай-ақ косметикалық заттар
және әкiмшiлiк құқық бұзушылық жасау салдарынан алынған кiрiстер тәркiлене отырып,
жеке тұлғаларға – екі жүз, лауазымды адамдарға – үш жүз, шағын кәсіпкерлік
субъектілеріне – үш жүз елу, орта кәсіпкерлік субъектілеріне – төрт жүз, ірі
кәсіпкерлік субъектілеріне – екі мың айлық есептік көрсеткіш мөлшерінде айыппұл
салуға, сондай-ақ олардың қызметіне тыйым салуға әкеп соғады.
427-бап. Есірткі, психотроптық заттар, прекурсорлар
айналымы саласындағы объектілер мен үй-жайлардың
техникалық нығайтылу талаптарын бұзу
1. Есірткі, психотроптық заттар, прекурсорлар айналымы саласындағы объектілер
мен үй-жайлардың техникалық нығайтылу талаптарын бұзу –
заңды тұлғаның қызметін тоқтата тұрып, шағын кәсіпкерлік субъектілеріне –
жиырма бес, орта кәсіпкерлік субъектілеріне – елу, ірі кәсіпкерлік субъектілеріне
бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет (әрекетсіздік) –
заңды тұлға қызметіне тыйым салына отырып, шағын кәсіпкерлік субъектілеріне –
бір жүз жетпіс бес, орта кәсіпкерлік субъектілеріне – үш жүз елу, ірі кәсіпкерлік
субъектілеріне екі мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
428-бап. Денсаулық сақтау саласындағы анық емес жарнама
Тиісті қызмет түрін жүзеге асыруға лицензиясы жоқ жарнама берушінің
медициналық қызметтер көрсету, профилактика, диагностика, емдеу және медициналық
оңалту әдістері мен құралдарының жарнамасын, сондай-ақ тағамға биологиялық активті
қоспаларды мемлекеттік тіркеусіз олардың жарнамасын таратуы, егер бұл әрекетте
қылмыстық жазаланатын іс-әрекет белгілері болмаса, –
жеке тұлғаларға – он, лауазымды адамдарға – жиырма бес, шағын кәсіпкерлік
субъектілеріне – бір жүз, орта кәсіпкерлік субъектілеріне – бір жүз елу, ірі
кәсіпкерлік субъектілеріне екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
429-бап. АИТВ инфекциясын жұқтырғандармен, ЖИТС-пен, соз
ауруларымен, туберкулезбен ауыратындармен
қатынаста болып жүрген адамдардың, сондай-ақ
дәрiгердiң тағайындауынсыз есiрткi немесе
психотроптық заттарды тұтынушы адамдардың
медициналық тексерілуден және емделуден жалтаруы
1. Денсаулық сақтау мекемесiнiң жазбаша жасаған ескертуiнен кейiн де АИТВ
инфекциясын жұқтырғандармен, ЖИТС-пен, соз ауруларымен, туберкулезбен
ауыратындармен қатынаста болып жүрген адамдардың медициналық тексерілуден және
емделуден одан әрі жалтаруы –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Алкоголизммен, нашақорлықпен және уытқұмарлықпен ауырады деп танылған не
дәрiгердiң тағайындауынсыз есiрткi заттарын немесе психотроптық заттарды пайдаланып
жүргенi туралы жеткiлiктi деректер бар адамдардың медициналық тексерілуден және
емделуден жалтаруы –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
430-бап. Айналадағылар үшін қауiп төндiретiн аурулармен
ауыратын адамдардың емделуден жалтаруы
1. Тізбесін Қазақстан Республикасының Үкiметi айқындайтын, айналадағылар үшін
қауiп төндiретiн аурулармен ауыратын адамдардың, сондай-ақ денсаулық сақтау
мекемесiнiң жазбаша жасаған ескертуiнен кейiн де олармен қатынаста болған және
профилактикалық емдеудi қажет ететiн адамдардың дәрiлік заттарды қабылдаудан бас
тартуы және емделуден өзге де жалтаруы –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Ата-анасының немесе оларды алмастыратын адамдардың тiзбесiн Қазақстан
Республикасының Үкiметi айқындайтын, айналадағылар үшін қауiп төндiретiн аурулармен
ауыратын кәмелетке толмаған балаларын емдетуден жалтаруы –
жеке тұлғаларға он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
431-бап. Айналадағылар үшін қауiп төндiретiн аурулармен
ауыратын адамдардың жұқтыру көзiн және өздерiмен
қатынаста болған адамдарды жасыруы
Айналадағылар үшін қауiп төндiретiн аурулармен ауыратын адамдардың жұқтыру
көзiн және осы ауруларды басқа адамдарға жұқтыру қаупiн туғызатын өздерiмен
қатынаста болған адамдарды жасыруы –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
432-бап. Медициналық, фармацевтикалық қызметпен айналысуға
рұқсат беру құжаттарын алу кезiнде көрiнеу
жалған мәлiметтер мен ақпарат беру
1. Медициналық, фармацевтикалық қызметпен айналысуға рұқсат беру құжаттарын
алу кезiнде көрiнеу жалған мәлiметтер мен ақпарат, оның iшiнде құжаттарды бұрмалау
жолымен беру, егер бұл iс-әрекетте қылмыстық жазаланатын іс-әрекет белгiлерi
болмаса, –
жеке тұлғаларға – он, лауазымды адамдарға, шағын кәсіпкерлік субъектілеріне –
он бес, орта кәсіпкерлік субъектілеріне – жиырма, ірі кәсіпкерлік субъектілеріне
отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған дәл
сол іс-әрекет –
жеке тұлғаларға – жиырма, лауазымды адамдарға, шағын кәсіпкерлік
субъектілеріне – отыз, орта кәсіпкерлік субъектілеріне – қырық, ірі кәсіпкерлік
субъектілеріне алпыс айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
433-бап. Денсаулық сақтау субъектілерінің уәкілетті
органдарға хабарлау жөніндегі міндеттерді бұзуы
1. Денсаулық сақтау субъектілерінің инфекциялық аурулар, улану, айналадағылар
үшін қауiп төндіретін, психиканың және мiнез-құлықтың бұзылу (аурулар) жағдайлары
туралы – денсаулық сақтау саласындағы уәкілетті органға, төтенше жағдайлардың
медициналық-санитариялық салдарларының туындау қатерi және (немесе) туындауы туралы
- төтенше жағдайлар жөнiндегi органдарға, жаңа алған жарақаттар, жаралар,
криминалдық түсіктер бойынша келіп көрінген адамдар туралы, айналадағылар үшін
қауiп төндіретін аурулардың жағдайлары туралы iшкi iстер органдарына хабарлау
жөніндегі міндеттерді бұзуы –
жеке тұлғаларға – бес, лауазымды адамдарға он айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған дәл
сол әрекет (әрекетсіздік) –
жеке тұлғаларға – сертификаттан айыра отырып, он айлық есептiк көрсеткiш
мөлшерінде, лауазымды адамдарға – жиырма айлық есептiк көрсеткiш мөлшерінде айыппұл
салуға әкеп соғады.
25-тарау. ҚОҒАМДЫҚ ТӘРТIПКЕ ЖӘНЕ ИМАНДЫЛЫҚҚА ҚОЛ СҰҒАТЫН
ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚТАР
434-бап. Ұсақ бұзақылық
1. Ұсақ бұзақылық, яғни қоғамдық орындарда былапыт сөйлеу, жеке тұлғаларға
қорлап тиiсу, тұрғын үй-жайларды қорлау, ортақ пайдалану орындарын, саябақтарды,
скверлердi ластау, оның iшiнде белгiленбеген орындарға коммуналдық қалдықтарды
тастау және айналасындағыларға сыйламаушылықты бiлдiретiн, қоғамдық тәртiптi және
жеке тұлғалардың тыныштығын бұзатын басқа да осындай әрекеттер –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға не он тәулiкке дейiнгi
мерзiмге әкiмшiлiк қамаққа алуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
он бес тәулiкке дейiнгi мерзiмге әкiмшiлiк қамаққа алуға әкеп соғады.
3. Осы баптың екiншi бөлiгiнде көзделген, осы Кодекстiң 50-бабының екіншi
бөлiгiне сәйкес әкiмшiлiк қамаққа алу қолданылмайтын адамдар жасаған әрекеттер –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
435-бап. Кәмелетке толмаған адам жасаған бұзақылық
Қазақстан Республикасы Қылмыстық кодексiнiң 293-бабының бiрiншi бөлiгiнде
көзделген, он төрттен он алты жасқа дейiнгi кәмелетке толмаған адам жасаған ұсақ
бұзақылық немесе бұзақылық –
ата-анасына немесе оларды алмастыратын адамдарға жеті айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
436-бап. Елдi мекендерде атыс қаруынан, газды,
пневматикалық қарудан оқ ату, пиротехникалық
заттар мен оларды қолданып жасалған бұйымдарды
ұшыру
1. Елдi мекендерде және бұл үшiн бөлiнбеген орындарда атыс қаруынан, газды
(өзін-өзі қорғау жағдайларын қоспағанда), пневматикалық қарудан оқ ату –
қару тәркiлене отырып немесе онсыз, он айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
2. Жеке тұлғалардың тыныштығын, белгiленген тәртiптi бұзатын және iрi
материалдық залал келтiруге әкеп соқпаған, елдi мекендерде және бұл үшiн бөлiнбеген
орындарда арнайы және қолдан жасалған пиротехникалық құрылғыларды жару –
пиротехникалық құралдар мен құрылғылар тәркiлене отырып, он айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Осы баптың бірінші және екінші бөліктерінде көзделген, он алты жасқа
дейiнгi кәмелетке толмағандар жасаған әрекеттер –
пиротехникалық құрылғылар тәркiлене отырып, ата-анасына немесе оларды
алмастыратын адамдарға ескерту жасауға немесе он айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
4. Осы баптың бiрiншi және екiншi бөлiктерiнде көзделген, әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған, сол сияқты осы
Кодекстiң 437-бабында көзделген құқық бұзушылық үшiн бiр жыл iшiнде әкiмшiлiк
жауаптылыққа тартылған адам жасаған әрекеттер –
әкімшілік құқық бұзушылық жасау құралы не нысанасы болған зат тәркілене
отырып, он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
437-бап. Тыныштықты бұзу
1. Жеке тұлғалардың қалыпты демалысы мен тыныштығына кедергi келтiретiн,
түнгi уақытта (сағат 23-тен таңғы 6-ға дейiн) тыныштықты бұзу, оның iшiнде тұрғын
үй-жайларда және олардың сыртында шұғыл қажеттiлiкпен байланысы жоқ шу шығаратын
жұмыстарды жүргiзу –
жеке тұлғаларға – бес, шағын кәсіпкерлік субъектілеріне немесе коммерциялық
емес ұйымдарға – он, орта кәсіпкерлік субъектілеріне – он бес, ірі кәсіпкерлік
субъектілеріне елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған дәл
сол әрекет –
жеке тұлғаларға – он, шағын кәсіпкерлік субъектілеріне немесе коммерциялық
емес ұйымдарға – жиырма, орта кәсіпкерлік субъектілеріне – отыз, ірі кәсіпкерлік
субъектілеріне тоқсан айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
438-бап. Арнаулы қызметтердi көрiнеу жалған шақыру
1. Мемлекеттiк өртке қарсы қызмет органдарын, полицияны, медициналық жедел
жәрдемдi, авариялық қызметтердi көрiнеу жалған шақыру –
жеке тұлғаларға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған не аварияларды, өрттердi, дүлей зілзала
салдарын жою кезеңiнде жасалған әрекеттер –
жеке тұлғаларға алпыс айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
3. Осы баптың бiрiншi және екiншi бөлiктерiнде көзделген, он төрттен он алты
жасқа дейiнгi кәмелетке толмағандар жасаған әрекеттер –
ата-анасына немесе оларды алмастыратын адамдарға ескерту жасауға немесе он
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
439-бап. Сыбайлас жемқорлық құқық бұзушылық фактісі туралы
көрінеу жалған ақпарат
Сыбайлас жемқорлыққа қарсы күрес жүргізетін органға сыбайлас жемқорлық құқық
бұзушылық фактісі туралы көрінеу жалған ақпарат хабарлау –
жеке тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
440-бап. Алкогольдік ішімдіктерді iшу немесе қоғамдық
орындарға масаң күйде келу
1. Жергiлiктi атқарушы орган алкогольдік ішімдіктерді құйып сатуға рұқсат
еткен сауда және қоғамдық тамақтандыру ұйымдарынан басқа, көшелерде және басқа да
қоғамдық орындарда алкогольдік ішімдіктерді iшу немесе қоғамдық орындарға адамның
қадiр-қасиетiн және қоғамдық имандылықты қорлайтын масаң күйде келу –
бес айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Жасы он сегізге толмаған адамдардың қоғамдық орындарға масаң күйде келуі,
сол сияқты олардың алкогольдік ішімдіктерді ішуі –
ата-анасына немесе оларды алмастыратын адамдарға бес айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
3. Осы баптың бірінші және екінші бөліктерінде көзделген, әкімшілік жаза
қолданылғаннан кейін бір жыл ішінде қайталап жасаған әрекеттер -
он айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
4. Осы баптың бірінші және екінші бөліктерінде көзделген, қоғамдық орындарда
алкогольдік ішімдіктерді ішкені немесе оларға масаң күйде келгені үшін әкімшілік
жазаға бір жыл ішінде екі рет тартылған адам жасаған әрекеттер –
бес тәулікке дейінгі мерзімге әкімшілік қамаққа алуға әкеп соғады.
5. Осы баптың төртінші бөлігінде көзделген, осы Кодекстің 50-бабының үшінші
бөлігіне сәйкес әкімшілік қамаққа алу қолданылмайтын адамдар жасаған әрекеттер –
он бес айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
441-бап. Жекелеген қоғамдық орындарда темекі бұйымдарын
тұтынуға тыйым салуды бұзу
Ескерту. 441-баптың тақырыбы жаңа редакцияда - ҚР 06.04.2015 № 299-V Заңымен
(алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа
енгізіледі).
1. Қазақстан Республикасының заңнамасында темекі бұйымдарын тұтынуға тыйым
салу белгiленген жекелеген қоғамдық орындарда темекi бұйымдарын тұтыну – жеке
тұлғаларға үш айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
жеке тұлғаларға алты айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
3. Жұмыс берушiнiң темекі бұйымдарын тұтыну үшін арнайы орындар бөлудi
көздейтiн Қазақстан Республикасының заңнамасын бұзуы, сондай-ақ бұл үшiн арнайы
белгiленбеген орындарда темекі бұйымдарын тұтынатын адамдарға шаралар қолданбауы –
лауазымды адамдарға – он, заңды тұлғаларға қырық айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
Ескерту. 441-бапқа өзгеріс енгізілді - ҚР 06.04.2015 № 299-V Заңымен (алғашқы
ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа
енгізіледі).
442-бап. Кәмелетке толмағандардың заңды өкілдерінің еріп
жүруінсіз түнгі уақытта ойын-сауық мекемелерінде
немесе тұрғынжайдан тыс жерде болуы
Ескерту. Тақырып жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
1. Кәмелетке толмағандардың түнгі уақытта заңды өкілдерінің еріп жүруінсіз
сағат 22-ден таңғы 6-ға дейін ойын-сауық мекемелерінде
болуы –
заңды өкілдеріне үш айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
2. Кәмелетке толмағандардың заңды өкілдерінің еріп жүруінсіз тұрғынжайдан тыс
жерде сағат 23-тен таңғы 6-ға дейін болуы –
заңды өкілдеріне ескерту жасауға әкеп соғады.
3. Осы баптың бірінші және екінші бөліктерінде көзделген, әкімшілік жаза
қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
заңды өкілдеріне он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
Ескерту. 442-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
443-бап. Қоғамдық тәртіпті қамтамасыз етуге
қатысатын адамның заңды талабына бағынбау
1. Қоғамдық тәртіпті қамтамасыз етуге қатысатын адамның заңды талабына
бағынбау –
бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет (әрекетсіздік) –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға не бес тәулікке дейін
әкімшілік қамаққа алуға әкеп соғады.
Ескерту. 443-бап жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
444-бап. Құмар ойындарға қатысу, тарту немесе рұқсат беру
1. Құмар ойындарға (ақшаға, затқа және өзге де құндылықтарға) бұл үшiн
бөлiнбеген орындарда қатысу, сол сияқты бұған арнайы рұқсаты жоқ адамдардың
спорттық және өзге де жарыстарға ставка қабылдауы –
ойын құралдары, ақша, заттар және өзге де құндылықтар тәркiлене отырып, жеке
тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
2. Қазақстан Республикасының жиырма бір жасқа дейінгі азаматтарын құмар
ойындармен және (немесе) ақшаға, заттарға және өзге де құндылықтарға бәс тігумен
айналысуға тарту және рұқсат ету –
жеке тұлғаларға үш жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
445-бап. Қазақстан Республикасының ойын бизнесі туралы
заңнамасын бұзу
1. Алғашқы ресми жарияланған күнінен кейін алты ай өткен соң қолданысқа
енгізіледі - ҚР 24.04.2015 № 310-V Заңымен.
2. Ойын автоматына технологиялық түрде салынған ұтыс пайызы жөніндегі
талаптарды сақтамау –
әкімшілік құқық бұзушылық жасау салдарынан алынған кірістер тәркілене отырып
және лицензияның қолданылуын тоқтата тұрып не онсыз, жеке тұлғаларға – бір жүз,
орта кәсіпкерлік субъектілеріне – үш жүз, ірі кәсіпкерлік субъектілеріне бір мың
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Ойын бизнесін ұйымдастырушының Қазақстан Республикасының заңнамасында
айқындалатын тәртіппен және шарттарда міндетті резервтерді қалыптастыру,
орналастыруды қамтамасыз ету және оларды пайдалану жөніндегі шарттарды орындамауы –
лицензияның қолданылуын тоқтата тұрып, орта кәсіпкерлік субъектілеріне – үш
жүз, ірі кәсіпкерлік субъектілеріне бір мың айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
4. Ойын автоматтарын немесе олардың бөліктерін қабырғаларға, терезе мен
есіктің ойықтарына монтаждау –
лицензияның қолданылуын тоқтата тұрып, жеке тұлғаларға – бір жүз, орта
кәсіпкерлік субъектілеріне – үш жүз, ірі кәсіпкерлік субъектілеріне бір мың айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
5. Ойын бизнесін ұйымдастырушының заңнамада көзделмеген ойын бизнесі
саласындағы қызмет түрлерін жүзеге асыруы, сондай-ақ Қазақстан Республикасының
аумағында онлайн-казино ұйымдастыруы және өткізуі не ақшадан басқа, өзге де мүлік
түрінде ставка қабылдауды көздейтін құмар ойындарын және (немесе) бәс тігуді
ұйымдастыруы –
ойын жабдығы, заңдастырылған белгілер, әкімшілік құқық бұзушылық жасау
салдарынан алынған ақша және өзге де кірістер тәркілене отырып, жеке тұлғаларға –
бір жүз, орта кәсіпкерлік субъектілеріне - үш жүз, ірі кәсіпкерлік субъектілеріне
бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
6. Ойын бизнесін ұйымдастырушының ойын мекемелерінің кассалары мен ойын
орындарын бейне жазу жүйелерімен жабдықтау жөніндегі талаптарды сақтамауы не
жазылған ақпаратты сақтау мерзімдерін немесе тіркеу шарттарын бұзуы –
лицензияның қолданылуын тоқтата тұрып, орта кәсіпкерлік субъектілеріне – үш
жүз, ірі кәсіпкерлік субъектілеріне бір мың айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
7. Алғашқы ресми жарияланған күнінен кейін алты ай өткен соң қолданысқа
енгізіледі - ҚР 24.04.2015 № 310-V Заңымен.
8. Ойын бизнесін ұйымдастырушының ойын автоматтарын Қазақстан Республикасының
техникалық реттеу туралы заңнамасының талаптарын бұза отырып пайдалануы –
лицензияның қолданылуын тоқтата тұрып, орта кәсіпкерлік субъектілеріне – үш
жүз, ірі кәсіпкерлік субъектілеріне бір мың айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
9. Алғашқы ресми жарияланған күнінен кейін алты ай өткен соң қолданысқа
енгізіледі - ҚР 24.04.2015 № 310-V Заңымен.
10. Алғашқы ресми жарияланған күнінен кейін алты ай өткен соң қолданысқа
енгізіледі - ҚР 24.04.2015 № 310-V Заңымен.
11. Осы баптың бесінші бөлігінде көзделген әрекеттерді әкімшілік жаза
қолданылғаннан кейін бір жыл ішінде қайталап жасау –
ойын жабдығы, заңдастырылған белгілер, әкімшілік құқық бұзушылық жасау
салдарынан алынған ақша және өзге де кірістер тәркілене отырып, жеке тұлғаларға –
екі жүз, орта кәсіпкерлік субъектілеріне – төрт жүз, ірі кәсіпкерлік субъектілеріне
екі мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
12. Осы баптың екінші бөлігінде көзделген әрекеттерді әкімшілік жаза
қолданылғаннан кейін бір жыл ішінде қайталап жасау –
әкімшілік құқық бұзушылық жасау салдарынан алынған кірістер тәркілене отырып
және лицензиядан айыра отырып не онсыз, жеке тұлғаларға – екі жүз, орта кәсіпкерлік
субъектілеріне – төрт жүз, ірі кәсіпкерлік субъектілеріне екі мың айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
Ескерту. 445-бап жаңа редакцияда - ҚР 24.04.2015 № 310-V Заңымен (алғашқы
ресми жарияланған күнінен кейін күнтізбелік жиырма бір күн өткен соң қолданысқа
енгізіледі).
446-бап. Эротикалық мазмұндағы өнiмдердi жарнамалау
Эротикалық мазмұндағы өнiмдi осы мақсаттар үшiн бөлiнбеген орындарда сату,
тарату немесе жарнамалау –
эротикалық мазмұндағы өнiм тәркiлене отырып, жеке тұлғаларға жиырма айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
447-бап. Тарих және мәдениет ескерткiштерiн қорғау мен
пайдалану қағидаларын бұзу
Мемлекет қорғайтын тарих және мәдениет ескерткiштерiн қорғау мен
пайдалану қағидаларын бұзу –
жеке тұлғаларға – бес, лауазымды адамдарға он айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
448-бап. Кәмелетке толмағандардың вандализмі
Он алты жасқа дейінгі кәмелетке толмағандар жасаған вандализм, яғни мемлекет
қорғайтын ғимараттарды, өзге де құрылыстарды, тарих және мәдениет ескерткіштерін,
табиғи объектілерді, адамдар жерленген жерлерді жазулармен немесе суреттермен,
немесе қоғамдық имандылықты қорлайтын өзге де әрекеттермен қорлауы, сол сияқты
көлікте немесе өзге де қоғамдық орындарда мүлікті қасақана бүлдіруі –
ата-анасына немесе оларды алмастыратын адамдарға он бес айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
449-бап. Қоғамдық орындарда тиісу
1. Қоғамдық орындарда заттарды өзгеше тәсілмен сатып алу, сату, айырбастау
немесе иемдену мақсатында кәсіпкерлік субъектісі болып табылмайтын адам жасаған,
сондай-ақ бал ашу, қайыршылық, сексуалдық сипатта қызметтер көрсету не өзге де
қызметтер көрсетуді күштеп таңу мақсатында тиісу, яғни мазалап өтініш білдіру –
жеке тұлғаларға бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекеттер –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға не бес тәулікке дейінгі
мерзімге әкімшілік қамаққа алуға әкеп соғады.
3. Осы баптың бірінші бөлігінде көзделген, шетелдік не азаматтығы жоқ адам
жасаған әрекеттер –
Қазақстан Республикасының шегінен әкімшілік жолмен шығарып жібере отырып, бес
тәулікке дейінгі мерзімге әкімшілік қамаққа алуға әкеп соғады.
Ескерту. 449-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
450-бап. Көрінеу жезөкшелікпен айналысу немесе жеңгетайлық
үшін үй-жайлар ұсыну
1. Көрінеу жезөкшелікпен айналысу немесе жеңгетайлық үшін үй-жайлар ұсыну –
қызметті немесе жекелеген қызмет түрлерін үш айға тоқтата тұрып, жеке
тұлғаларға – бір жүз, лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне – бір
жүз елу, орта кәсiпкерлiк субъектiлерiне – үш жүз, iрi кәсiпкерлiк субъектiлерiне
бір мың айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
2. Әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған дәл
сол әрекет –
қызметті немесе жекелеген қызмет түрлерін үш жылға тыйым сала отырып,
әкімшілік құқық бұзушылық жасау салдарынан алынған кірістер тәркілене отырып, жеке
тұлғаларға – бір жүз елу, лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне –
екі жүз, орта кәсiпкерлiк субъектiлерiне – төрт жүз, iрi кәсiпкерлiк субъектiлерiне
екі мың айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
26-тарау. БАСПАСӨЗ ЖӘНЕ АҚПАРАТ САЛАСЫНДАҒЫ ӘКIМШIЛIК ҚҰҚЫҚ
БҰЗУШЫЛЫҚТАР
451-бап. Қазақстан Республикасының бұқаралық ақпарат
құралдары туралы заңнамасын бұзу
1. Есепке қоймай не шығарылуын (эфирге шығуын) тоқтата тұру, тоқтату немесе
есепке қою туралы куәлiктiң күшi жойылды деп тану туралы шешiм шығарылғаннан кейiн
бұқаралық ақпарат құралының өнiмiн, сондай-ақ ақпарат агенттiгінің хабарлары мен
материалдарын тарату –
бұқаралық ақпарат құралының өнiмi тәркiлене отырып, лауазымды адамдарға – он,
шағын кәсiпкерлiк субъектiлерiне – жиырма, орта кәсіпкерлік субъектілеріне – елу,
iрi кәсiпкерлiк субъектiлерiне үш жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
2. Меншiк иесi не оның ұйымдық-құқықтық нысаны, атауы, сондай-ақ бұқаралық
ақпарат құралының аты ауысқан, басылымның не хабар таратудың тiлi, таралу аумағы,
негiзгi тақырыптық бағыты, шығарылу мерзімділігі өзгерген жағдайларда, қайта есепке
қоймай, бұқаралық ақпарат құралының өнiмiн, сондай-ақ ақпарат агенттiгiнiң
хабарлары мен материалдарын шығару, дайындау, таралымын көбейту және (немесе)
тарату –
бұқаралық ақпарат құралының шығарылуын (эфирге шығуын) үш айға дейiнгi
мерзiмге тоқтата тұрып, лауазымды адамдарға – қырық, шағын кәсiпкерлiк
субъектiлерiне – бір жүз, орта кәсіпкерлік субъектілеріне – екі жүз, iрi
кәсiпкерлiк субъектiлерiне бір мың айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
3. Осы баптың екінші бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн
бiр жыл iшiнде қайталап жасалған әрекеттер –
бұқаралық ақпарат құралының шығарылуына (эфирге шығуына) тыйым салуға әкеп
соғады.
452-бап. Қазақстан Республикасының телерадио хабарларын
тарату туралы заңнамасын бұзу
1. Теле-, радиокомпаниялардың Қазақстан Республикасының телерадио хабарларын
тарату туралы заңнамасын:
1) отандық теле-, радиоарналардың отандық теле-, радиобағдарламаларды
белгіленген пайыздық нормадан кем таратуы;
2) телеарнада жаңалық сипатындағы телебағдарламаларды сурдоаудармамен немесе
субтитр түріндегі аудармамен қамтамасыз етпей тарату;
3) телеарнада кадр алаңының он бес пайызынан асатын қосымша ақпаратты
тарату;
4) телерадио хабарларын таратудың техникалық құралдарын телерадио хабарларын
тарату операторларының желілеріне қосу, телерадио хабарларын тарату жүйелерін
техникалық пайдалану қағидаларына және телерадио хабарларын таратудың ұлттық
стандарттарының талаптарына сәйкес теле,- радиоарналардың теле, - радио
бағдарламаларын беру сапасын қамтамасыз етпеу түрінде жасаған бұзушылығы –
лауазымды адамдарға – елу, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – бір жүз, орта кәсіпкерлік субъектілеріне – бір жүз
елу, iрi кәсiпкерлiк субъектiлерiне үш жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекеттер –
лауазымды адамдарға – бір жүз, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – бір жүз елу, орта кәсіпкерлік субъектілеріне – екі
жүз, iрi кәсiпкерлiк субъектiлерiне төрт жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
3. Жергілікті уақыт бойынша нөл сағаттан бастап есептелетін әрқайсысының
ұзақтығы алты сағаттық уақыт аралықтарында телерадио хабарларын тарату арналары
бойынша қазақ тіліндегі хабарларды басқа тілдердегі хабарлардың жиынтық көлемінен
кем тарату –
бұқаралық ақпарат құралының баспасөз өнiмi немесе өзге де өнiмі тәркiлене
отырып және үш айға дейiнгi мерзiмге шығарылуын (эфирге шығуын) тоқтата тұрып,
лауазымды адамдарға – он, шағын кәсiпкерлiк субъектiлерiне – жиырма, орта
кәсiпкерлiк субъектiлерiне – елу, iрi кәсiпкерлiк субъектiлерiне үш жүз айлық
есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
4. Осы баптың үшінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
телевизиялық хабарларды және (немесе) радио хабарларын таратуды ұйымдастыру
жөнiндегi қызметке лицензиядан айыра отырып және бұқаралық ақпарат құралының
шығарылуына (эфирге шығуына) тыйым сала отырып, лауазымды адамдарға – елу, шағын
кәсiпкерлiк субъектiлерiне – бір жүз елу, орта кәсiпкерлiк субъектiлерiне – екі жүз
елу, iрi кәсiпкерлiк субъектiлерiне бір мың айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
5. Отандық теле-, радиоарналардың апта сайынғы хабар тарату көлемінде теле-,
радиобағдарламалардың жалпы көлемінен жиырма пайыз асатын шетелдік теле-,
радиоарналардың теле-, радиобағдарламаларын ретрансляциялау –
лауазымды адамдарға – елу, заңды тұлғаларға бір жүз айлық есептік көрсеткіш
мөлшерiнде айыппұл салуға әкеп соғады.
6. Осы баптың бесінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
бұқаралық ақпарат құралдарының шығарылуын (эфирге шығуын) үш айға дейiнгi
мерзiмге тоқтата тұрып, лауазымды адамдарға – бір жүз, заңды тұлғаларға екі жүз
айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
7. Телерадио хабарларын тарату операторларының Қазақстан Республикасының
телерадио хабарларын тарату туралы заңнамасын:
1) телерадио хабарларын тарату операторларының міндетті теле-, радиоарналарды
таратпауы;
2) телерадио хабарларын тарату операторларының теле-, радиоарналарды
ретрансляциялау шарттарын бұзуы түрінде жасалған бұзушылығы –
лауазымды адамдарға – елу, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – бір жүз, орта кәсіпкерлік субъектілеріне – бір жүз
елу, iрi кәсiпкерлiк субъектiлерiне үш жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
8. Осы баптың жетінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекеттер –
лауазымды адамдарға – бір жүз, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – бір жүз елу, орта кәсіпкерлік субъектілеріне – екі
жүз, iрi кәсiпкерлiк субъектiлерiне төрт жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
9. Теле-, радиокомпаниялардың және телерадио хабарларын тарату
операторларының Қазақстан Республикасының телерадио хабарларын тарату
туралы заңнамасын:
1) ғимараттың және (немесе) ғимараттардың меншік иелерінің жазбаша
келісімінсіз коммерциялық мақсатты көздемейтін ұжымдық қабылдау жүйесін
ұйымдастыру;
2) балалар мен жасөспірімдердің дене, психикалық, имандылық, моральдық және
рухани дамуына зардабын тигізуі мүмкін телебағдарламаларды тарату;
3) телерадио хабарларын тарату операторларының және теле-,
радиокомпаниялардың адамдардың өміріне, денсаулығына төнген қауіп-қатер және табиғи
және техногендік сипаттағы төтенше жағдайлар кезінде қалыптасқан жағдайдағы іс-
қимылдар тәртібі туралы халықты хабардар ету сигналын, сондай-ақ қорғаныс, ұлттық
қауіпсіздік және құқықтық тәртіпті қорғау мүдделерінде сигналды уақтылы таратпауы;
4) телерадио хабарларын таратудың сәйкестікті растау рәсімінен өтпеген
техникалық құралдарын пайдалану;
5) радиотаратқыш және (немесе) радиоқабылдағыш байланыс құралдарына жерүсті
спутниктік жеке қабылдау құрылғылары арқылы бөгеуіл жасау;
6) телерадио хабарларын тарату операторларының уәкілетті органда есепке,
қайта есепке қойылмаған теле-, радиоарналарды таратуы түрінде жасаған бұзушылығы –
лауазымды адамдарға – елу, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – бір жүз, орта кәсіпкерлік субъектілеріне – бір жүз
елу, iрi кәсiпкерлiк субъектiлерiне үш жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
10. Осы баптың тоғызыншы бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекеттер –
лауазымды адамдарға – бір жүз, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – бір жүз елу, орта кәсіпкерлік субъектілеріне – екі
жүз, iрi кәсiпкерлiк субъектiлерiне төрт жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
453-бап. Бұқаралық ақпарат құралдарының өнiмiн, сол сияқты
өзге де өнiмдi Қазақстан Республикасының
аумағында дайындау, сақтау, әкелу, тасымалдау,
тарату
1. Қазақстан Республикасының конституциялық құрылысын күштеп өзгертудi, оның
тұтастығын бұзуды, мемлекет қауiпсiздiгiне нұқсан келтiрудi, соғысты, әлеуметтiк,
нәсiлдiк, ұлттық, дiни, тектiк-топтық және рулық араздықты қоздыруды, қатыгездiкке,
зорлық-зомбылыққа бас ұруды және порнографияны насихаттауға немесе үгiттеуге
бағытталған мәлiметтер мен материалдар қамтылған бұқаралық ақпарат құралдары өнiмiн
Қазақстан Республикасының аумағында дайындау, сақтау, әкелу, тасымалдау –
бұқаралық ақпарат құралдарының өнiмi тәркiлене отырып, жеке тұлғаларға –
жиырма, лауазымды адамдарға – жиырма бес, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – елу, орта кәсіпкерлік субъектілеріне – бір жүз, ірі
кәсіпкерлік субъектілеріне екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
2. Қазақстан Республикасының конституциялық құрылысын күштеп өзгертудi, оның
тұтастығын бұзуды, мемлекет қауiпсiздiгiне нұқсан келтiрудi, соғысты, әлеуметтiк,
нәсiлдiк, ұлттық, дiни, тектiк-топтық және рулық араздықты қоздыруды насихаттауға
немесе үгiттеуге, экстремизмдi немесе терроризмдi насихаттауға және ақтауға
бағытталған, сондай-ақ терроризмге қарсы операцияларды жүргізу кезеңінде олардың
техникалық амалдары мен тактикасын ашатын мәлiметтер мен материалдар қамтылған
бұқаралық ақпарат құралдары өнiмiн Қазақстан Республикасының аумағында тарату, егер
бұл әрекеттерде қылмыстық жазаланатын іс-әрекет белгілері болмаса, –
бұқаралық ақпарат құралдарының өнiмi тәркiлене отырып, жеке тұлғаларға –
жиырма, лауазымды адамдарға – жиырма бес, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – елу, орта кәсіпкерлік субъектілеріне – бір жүз, ірі
кәсіпкерлік субъектілеріне екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
3. Осы баптың бiрiншi және екiншi бөлiктерiнде көзделген, әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
бұқаралық ақпарат құралдарының өнiмi тәркiлене отырып, телевизиялық
бағдарламаларды және (немесе) радиохабарларының таратылуын ұйымдастыру жөнiндегi
қызметке лицензиядан айыра отырып және заңды тұлғаның қызметiне тыйым сала отырып,
жеке тұлғаларға – бір жүз, лауазымды адамдарға – бір жүз елу, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – екі жүз, орта кәсіпкерлік
субъектілеріне – үш жүз, ірі кәсіпкерлік субъектілеріне бір мың бес жүз айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
4. Қазақстан Республикасының конституциялық құрылысын күштеп өзгертудi, оның
тұтастығын бұзуды, мемлекет қауiпсiздігіне нұқсан келтiрудi, соғысты, әлеуметтiк,
нәсілдiк, ұлттық, дiни, тектiк-топтық және рулық араздықты қоздыруды, қатыгездiкке,
зорлық-зомбылыққа бас ұруды және порнографияны насихаттауға немесе үгiттеуге
бағытталған мәлiметтер мен материалдар қамтылған, бұқаралық ақпарат құралдарына
жатпайтын өзге де өнiмдi Қазақстан Республикасының аумағында дайындау, сақтау,
әкелу, тасымалдау, тарату, егер бұл әрекеттерде қылмыстық жазаланатын іс-әрекет
белгілері болмаса, –
өнім тәркілене отырып, жеке тұлғаларға – бір жүз, лауазымды адамдарға – бір
жүз елу, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – екі
жүз, орта кәсіпкерлік субъектілеріне – үш жүз, ірі кәсіпкерлік субъектілеріне бір
мың бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
5. Осы баптың үшінші және төртінші бөліктерінде көзделген, әкімшілік жаза
қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
телевизиялық хабарларды және (немесе) радиохабарларының таратылуын
ұйымдастыру жөніндегі қызметке лицензиядан айыра отырып және заңды тұлғаның
қызметіне тыйым сала отырып, жеке тұлғаларға – екі жүз, лауазымды адамдарға – үш
жүз, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – үш жүз
елу, орта кәсіпкерлік субъектілеріне – төрт жүз, ірі кәсіпкерлік субъектілеріне екі
мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
454-бап. Мерзiмдi баспасөз басылымдарының, теле- және
радиохабарлар материалдарын тiркеудiң, сақтаудың
мiндеттi тегiн даналарын беру тәртiбiн бұзу
1. Мерзiмдi баспасөз басылымдарының, сондай-ақ теле- және радиохабарлар
материалдарын тiркеу мен сақтаудың мiндеттi тегiн даналарын бермеу –
ескерту жасауға немесе он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға және бұқаралық
ақпарат құралының шығарылуын (эфирге шығуын) үш айға дейiнгi мерзiмге тоқтата
тұруға әкеп соғады.
455-бап. Қазақстан Республикасының жарнама туралы
заңнамасын бұзу
1. Қазақстан Республикасының заңдарымен жарнамалауға тыйым салынған
тауарлардың (жұмыстар мен көрсетілетін қызметтердің) жарнамасын шығару, тарату,
орналастыру және пайдалану –
жеке тұлғаларға – елу, лауазымды адамдарға – жетпіс, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – бір жүз, орта кәсіпкерлік
субъектілеріне – бір жүз елу, ірі кәсіпкерлік субъектілеріне төрт жүз айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Қазақстан Республикасының заңдарында жарнаманы тарату тілдеріне
белгіленген талаптарды бұзу –
жеке тұлғаларға – жиырма, лауазымды адамдарға – жетпіс, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – бір жүз, орта кәсіпкерлік
субъектілеріне – екі жүз, ірі кәсіпкерлік субъектілеріне төрт жүз айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Бұқаралық ақпарат құралдарын пайдалана отырып жасалған дәл сол әрекет –
жеке тұлғаларға – жетпіс, лауазымды адамдарға – бір жүз, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – бір жүз елу, орта кәсіпкерлік
субъектілеріне – екі жүз, ірі кәсіпкерлік субъектілеріне бес жүз айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
4. Осы баптың бірінші, екінші және үшінші бөліктерінде көзделген, әкімшілік
жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
бұқаралық ақпарат құралының шығарылуын (эфирге шығуын) үш айға дейінгі
мерзімге тоқтата тұрып, жеке тұлғаларға – бір жүз елу, лауазымды адамдарға – бір
жүз жетпіс, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға –
екі жүз, орта кәсіпкерлік субъектілеріне – үш жүз, ірі кәсіпкерлік субъектілеріне
алты жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
456-бап. Шығарылым деректерiн хабарлау тәртiбiн бұзу
1. Мерзiмдi баспасөз басылымын белгiленген шығарылым деректерiнсiз шығару,
электрондық бұқаралық ақпарат құралдарының эфирде өз атауын хабарламай, сол сияқты
анық емес не көрiнеу жалған шығарылым деректерiмен теле- және
радиобағдарламаларының эфирге шығуы -
ескерту жасауға немесе бұқаралық ақпарат құралдары өнiмiнiң таралымы
тәркiлене отырып не онсыз, жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
өнiм таралымы және бұқаралық ақпарат құралы өнiмiн дайындау және тарату үшiн
пайдаланылатын техникалық құралдар тәркiлене отырып, елу айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға не бұқаралық ақпарат құралының шығарылуын (эфирге шығуын)
үш айға дейiнгi мерзiмге тоқтата тұруға әкеп соғады.
27-тарау. БАСҚАРУДЫҢ БЕЛГIЛЕНГЕН ТӘРТIБIНЕ ҚОЛ СҰҒАТЫН
ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚТАР
457-бап. Нормативтiк құқықтық актілерді мемлекеттік тіркеу
мәселелері бойынша Қазақстан Республикасының
заңнамасын бұзу
1. Лауазымды адамның мемлекеттiк тiркелуге жататын нормативтiк құқықтық
актiнi Қазақстан Республикасының заңнамасында белгіленген тәртіппен және
мерзімдерде осындай тiркеуге ұсынбауы –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Лауазымды адамның белгіленген тәртіппен күші жойылған, сот жарамсыз деп
таныған, белгіленген тәртіппен ресми жарияланбаған, қолданысқа енгізілмеген не
қолданысын уәкілетті орган тоқтата тұрған, сондай-ақ әділет органдарында
мемлекеттік тіркеуден өтпеген нормативтiк құқықтық актiнi қолдануы –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Осы баптың бірінші немесе екінші бөліктерінде көзделген, әкімшілік жаза
қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
458-бап. Қазақстан Республикасының Мемлекеттік Туын,
Қазақстан Республикасының Мемлекеттік Елтаңбасын
пайдалану, сондай-ақ Қазақстан Республикасының
Мемлекеттік Гимнін пайдалану және орындау
тәртiбiн бұзу
1. Қазақстан Республикасының Мемлекеттік Туын, Қазақстан Республикасының
Мемлекеттік Елтаңбасын және олардың бейнелерін заңсыз пайдалану, сондай-ақ
Қазақстан Республикасының Мемлекеттік Гимнін Қазақстан Республикасы заңнамасының
талаптарын бұза отырып пайдалану және орындау –
екі жүз айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
2. Мемлекеттiк рәміздерді пайдалану мiндеттi болып табылатын жағдайларда
оларды пайдаланбау –
лауазымды адамдарға екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
3. Осы баптың бірінші және екінші бөліктерінде көзделген, әкімшілік жаза
қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер –
төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
459-бап. Нормативтiк құқықтық актiлердiң мәтiндерiн
кейiннен ресми жариялау тәртiбiн бұзу
Нормативтiк құқықтық актiлердiң мәтiндерiн кейiннен ресми жариялау тәртiбiн:
1) олар жариялайтын мәтіндердің Қазақстан Республикасы нормативтік құқықтық
актілерінің эталондық бақылау банкіне сәйкестігіне сараптамадан өтпеген нормативтiк
құқықтық актiлердiң мәтiндерiн кейiннен ресми жариялау;
2) Қазақстан Республикасы нормативтік құқықтық актілерінің эталондық бақылау
банкіне дәлме-дәл сәйкестікте жарияламау;
3) қолданысқа енгізу күнін көрсетпеу;
4) жарияланатын нормативтік құқықтық актілерге баспасөз басылымының
түсініктемелерімен нормативтік құқықтық актілердің ресми мәтіндерін кейіннен
жариялау түрінде жасалған бұзушылық –
шағын кәсiпкерлiк субъектiлерiне – отыз, орта кәсіпкерлік субъектілеріне –
алпыс, ірі кәсіпкерлік субъектілеріне бір жүз айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
460-бап. Жылжымайтын мүлікке құқықтарды мемлекеттік
тіркеуге құжаттарды беру мерзімін бұзу
Жеке және (немесе) заңды тұлғалардың жылжымайтын мүлікке құқықтарды
мемлекеттік тіркеуге құжаттарды берудің «Жылжымайтын мүлікке құқықтарды мемлекеттік
тіркеу туралы» Қазақстан Республикасының Заңында белгіленген мерзімін бұзуы –
жеке тұлғаларға – он, заңды тұлғаларға жиырма айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
461-бап. Қорғау нұсқамасын бұзу
Ішкі істер органы шығарған қорғау нұсқамасын бұзу -
ескерту жасауға не бес тәулікке дейінгі мерзімге әкімшілік қамаққа алуға әкеп
соғады.
462-бап. Мемлекеттік инспекциялар мен мемлекеттік бақылау
және қадағалау органдарының лауазымды адамдарына
өздерінің қызметтік міндеттерін орындауына
кедергі келтіру, қаулыларды, нұсқамаларды және
өзге де талаптарды орындамау
1. Мемлекеттiк инспекциялар мен мемлекеттiк бақылау және қадағалау
органдарының лауазымды адамдарына өз құзыреттерiне сәйкес өздерінің қызметтiк
мiндеттерiн орындауына қажеттi құжаттарды, материалдарды, статистикалық (алғашқы
статистикалық деректерді қоспағанда) және өзге де мәлiметтердi, қызмет туралы,
кiрiстер туралы, энергетикалық ресурстардың есепке алыну аспаптарымен
жарақтандырылуы туралы, энергетикалық ресурстарды, суды тұтынудың және олардың
шығындарының көлемі туралы, сақтандыру жарналарын есептеу және төлеу туралы, атом
энергиясын пайдалану туралы ақпаратты беруден бас тарту, уәкiлеттi органның қаулысы
бойынша ревизия, тексеру, түгендеу, сараптамалар және заңнамада көзделген басқа да
әрекеттердi жүргiзуге жiберуден бас тарту түріндегі кедергi келтiру немесе оларды
жүзеге асыруға өзге де кедергiлер келтiру не анық емес ақпарат беру –
жеке тұлғаларға – үш, лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне
немесе коммерциялық емес ұйымдарға – бір жүз, орта кәсіпкерлік субъектілеріне – бір
жүз елу, ірі кәсіпкерлік субъектілеріне екі жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
жеке тұлғаларға – жеті, лауазымды адамдарға, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – екі жүз, орта кәсіпкерлік
субъектілеріне – үш жүз, ірі кәсіпкерлік субъектілеріне – төрт жүз айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Осы Кодекстің 162, 227-баптарында көзделген жағдайларды қоспағанда,
мемлекеттiк бақылау және қадағалау органдары (лауазымды адамдар), мемлекеттік
органдардың лауазымды адамдары өздерінің құзыретi шегiнде берген заңды талаптарды
немесе нұсқамаларды, ұсынуларды, қаулыларды орындамау немесе тиiсiнше орындамау –
белгілі бір қызмет түріне рұқсаттың қолданылуын тоқтата тұрып не қызметті
немесе жекелеген қызмет түрлерін тоқтата тұрып, жеке тұлғаларға – бес, лауазымды
адамдарға – он бес, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес
ұйымдарға – бір жүз, орта кәсіпкерлік субъектілеріне – екі жүз, ірі кәсіпкерлік
субъектілеріне бес жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
4. Тексерілетін субъектілердің бақылау және қадағалау органдары анықтаған
бұзушылықтарды жою бойынша қолданылатын шаралар туралы ақпаратты бермеуі не уақтылы
бермеуі –
жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
5. Осы Кодекстiң 625-бабының екiншi бөлiгiнде, 626-бабының бiрiншi бөлiгiнде
көзделген жағдайларды қоспағанда, уәкiлеттi органның лауазымды адамы салған мөрiн
(пломбасын) жұлып тастау –
жеке тұлғаларға – бес, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – он, орта кәсіпкерлік субъектілеріне – жиырма, ірі кәсіпкерлік
субъектілеріне елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпе.
1. Жеке тұлға қажеттi құжаттарды, материалдарды, статистикалық (алғашқы
статистикалық деректерді қоспағанда) және өзге де мәлiметтердi, энергетикалық
ресурстардың, судың есепке алыну аспаптарымен жарақтандырылуы туралы ақпаратты
беруден бас тартқаны үшін осы баптың бірінші және екінші бөліктеріне сәйкес
әкімшілік жауаптылыққа тартылуға жатпайды.
2. Мемлекеттік кәсіпорындарды, жауапкершілігі шектеулі серіктестіктерді,
акционерлік қоғамдарды, оның ішінде мемлекет қатысушысы немесе акционері болып
табылатын ұлттық басқарушы холдингтерді, ұлттық холдингтерді, ұлттық компанияларды,
сондай-ақ еншілес, тәуелді және олармен үлестес болып табылатын өзге де заңды
тұлғаларды қоспағанда, заңды тұлға, қажеттi құжаттарды, материалдарды,
статистикалық (алғашқы статистикалық деректерді қоспағанда) және өзге де
мәлiметтердi, энергетикалық ресурстардың, судың есепке алыну аспаптарымен
жарақтандырылуы, энергетикалық ресурстарды, суды тұтынудың және олардың
шығындарының көлемі туралы ақпаратты беруден бас тартқаны үшін, егер мұндай тұлға
энергетикалық ресурстарды жылына шартты отынның бір мың бес жүз тоннасынан төмен
барабар көлемде тұтынатын болса, осы баптың бірінші және екінші бөліктеріне сәйкес
әкімшілік жауаптылыққа тартылуға жатпайды.
463-бап. Тиiстi тiркеусiз, рұқсатсыз немесе хабарлама
жібермей кәсіпкерлік немесе өзге де қызметпен
айналысу, сондай-ақ әрекеттердi (операцияларды)
жүзеге асыру
1. Тіркеу, рұқсат беру, хабарлама жіберу мiндеттi болған жағдайларда,
тiркеусiз, рұқсатсыз, сол сияқты хабарлама жібермей кәсiпкерлiк немесе өзге де
қызметпен айналысу, сондай-ақ әрекеттердi (операцияларды) жүзеге асыру, егер бұл
әрекеттерде қылмыстық жазаланатын іс-әрекет белгiлерi болмаса, –
әкiмшiлiк құқық бұзушылықтар жасау нысаналары және (немесе) құралы тәркiлене
отырып не онсыз, жеке тұлғаларға – он бес, лауазымды адамдарға, шағын кәсiпкерлiк
субъектiлерiне – жиырма бес, орта кәсіпкерлік субъектілеріне – қырық, iрi
кәсiпкерлiк субъектiлерiне бір жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады, ал лицензиясыз кәсiпкерлiк немесе өзге де қызметпен айналысу
әкiмшiлiк құқық бұзушылық жасау салдарынан алынған кірісті (дивидендтердi), ақшаны,
бағалы қағаздарды қосымша тәркiлеуге әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
әкімшілік құқық бұзушылық жасау нысаналары және (немесе) құралы тәркiлене
отырып, жеке тұлғаларға – отыз, шағын кәсiпкерлiк субъектiлерiне – елу, орта
кәсіпкерлік субъектілеріне – сексен, iрi кәсiпкерлiк субъектiлерiне бес жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады, ал лицензиясыз кәсiпкерлiк
немесе өзге де қызметпен айналысу әкiмшiлiк құқық бұзушылық салдарынан алынған
кiрiстi (дивидендтердi), ақшаны, бағалы қағаздарды қосымша тәркiлеуге әкеп соғады.
Ескертпе. Осы бап бойынша жауаптылық «Валюталық реттеу және валюталық бақылау
туралы» Қазақстан Республикасының Заңына сәйкес жүзеге асырылатын валюталық
операция туралы хабарламаға және валюталық операцияларды тіркеуге, сондай-ақ
«Табиғи монополиялар және реттелетін нарықтар туралы» Қазақстан
Республикасының Заңына сәйкес жүзеге асырылатын хабарламаларға қолданылмайды.
464-бап. Лицензиялау нормаларын бұзу
1. Қазақстан Республикасының заңнамасында белгіленген лицензиялау нормаларын
бұзу, оның iшiнде лицензияланатын қызмет түрлерiне қойылатын бiлiктiлiк талаптарына
сәйкес келмеу –
белгілі бір қызмет түріне лицензияның қолданылуын тоқтата тұрып немесе онсыз,
жеке тұлғаларға – он бес, лауазымды адамдарға, шағын кәсіпкерлік субъектілеріне
немесе коммерциялық емес ұйымдарға – қырық бес, орта кәсіпкерлік субъектілеріне –
сексен, ірі кәсіпкерлік субъектілеріне бір жүз елу айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
2. Лицензиаттың лицензия алған кезде көрінеу анық емес ақпарат беруі, сол
сияқты осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін
бір жыл ішінде қайталап жасалған әрекеттер (әрекетсіздік), сондай-ақ лицензияның
қолданылуын тоқтата тұру мерзімі өткеннен кейін әкімшілік жауаптылыққа әкеп соққан,
лицензиялау нормаларын бұзушылықтарды жоймау –
белгiлi бiр қызмет түрiне лицензиядан айыра отырып, жеке тұлғаларға – қырық,
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – бір жүз, орта
кәсіпкерлік субъектілеріне – бір жүз елу, ірі кәсіпкерлік субъектілеріне үш жүз
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
Ескерту. 464-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
465-бап. Рұқсат берудің тәртiбiн және мерзiмiн бұзу
1. Рұқсат беру мерзiмiн бұзу –
лауазымды адамдарға елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Қазақстан Республикасының рұқсаттар және хабарламалар туралы заңнамасында
белгiленген тәртiптi бұза отырып рұқсат беру, сол сияқты рұқсат беруден негізсіз
бас тарту –
лауазымды адамдарға елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
3. Осы баптың бiрiншi және екiншi бөлiктерiнде көзделген, әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
лауазымды адамдарға жетпіс айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
466-бап. Қазақстан Республикасының заңды тұлғаларды
мемлекеттік тіркеу және филиалдар мен
өкiлдiктерді есептік тiркеу туралы заңнамасын
бұзу
1. Заңнамада көзделген жағдайларда заңды тұлғаны, оның филиалдары мен
өкiлдiктерін қайта тiркемей, қызметтi жүзеге асыру –
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – он,
орта кәсіпкерлік субъектілеріне – жиырма, ірі кәсіпкерлік субъектілеріне қырық
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Тiркеушi органға заңды тұлғаның орналасқан жерiнiң өзгергенi туралы
уақтылы хабарламау –
шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – бес,
орта кәсіпкерлік субъектілеріне – он, ірі кәсіпкерлік субъектілеріне отыз айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
467-бап. Лицензиарға лицензияны және (немесе) лицензияға
қосымшаны қайтармау
Лицензияның және (немесе) лицензияға қосымшаның қолданылуы тоқтатылған күннен
бастап он жұмыс күні ішінде лицензиаттың лицензияны және (немесе) лицензияға
қосымшаны лицензиарға қайтармауы –
жеке тұлғаларға – он, лауазымды адамдарға – жиырма, заңды тұлғаларға екі жүз
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
468-бап. Қазақстан Республикасының сәйкестендiру
нөмiрлерiнiң ұлттық тiзiлiмдерi туралы
заңнамасын бұзу
1. Жария етуге жатпайтын сәйкестендiру нөмiрлерiнiң ұлттық тiзiлiмдерiнде
қамтылған мәлiметтердi жария ету, сол сияқты Қазақстан Республикасының
сәйкестендiру нөмiрлерiнiң ұлттық тiзiлiмдерi туралы заңнамасында белгіленген
міндеттерді:
уәкілетті орган:
1) тіркеуші органдар өтініш берген кезден бастап бір жұмыс күні ішінде
сәйкестендіру нөмірін қалыптастырмау;
2) тіркеуші мемлекеттік органдар және өзге де мемлекеттік мекемелер өтініш
берген кезден бастап екі жұмыс күнінен кешіктірмей оларға ақпарат бермеу түрінде
жасаған;
тіркеуші орган:
1) уәкілетті органға сәйкестендіру нөмірін қалыптастыру үшін мәліметтерді,
осындай мәліметтер келіп түскен кезден бастап бір жұмыс күні ішінде уақтылы
ұсынбау;
2) сәйкестендіру нөмірлерінің ұлттық тізілімдері ақпараттық жүйелерінің
деректерін толықтыру және өзектілік жағдайда ұстау үшін уәкілетті органға
мәліметтерді, осындай мәліметтер келіп түскен кезден бастап бір жұмыс күні ішінде
ұсынбау;
3) сәйкестендіру нөмірлерінің ұлттық тізілімдерінен сәйкестендіру нөмірлерін
алып тастау немесе шартты түрде алып тастау үшін уәкілетті органға мәліметтерді,
осындай мәліметтер келіп түскен кезден бастап бір жұмыс күні ішінде ұсынбау түрінде
жасаған;
мемлекеттік органдар және өзге де мемлекеттік мекемелер:
1) сәйкестендіру нөмірлерінің ұлттық тізілімдері ақпараттық жүйелерінің
деректерін толықтыру және өзектілік жағдайда ұстау үшін уәкілетті органға Қазақстан
Республикасының Үкіметі белгілеген мәліметтерді, осындай мәліметтер келіп түскен
кезден бастап бір жұмыс күні ішінде ұсынбау;
2) сәйкестендіру нөмірлерінің ұлттық тізілімдерінен сәйкестендіру нөмірлерін
алып тастау немесе шартты түрде алып тастау үшін уәкілетті органға мәліметтерді,
осындай мәліметтер келіп түскен кезден бастап бір жұмыс күні ішінде ұсынбау;
3) Қазақстан Республикасының заңнамасына сәйкес тіркеу, рұқсат беру және өзге
де сипаттағы құжаттарды беру кезінде сәйкестендіру нөмірін ескермеу түрінде
жасаған;
банктер және банк операцияларының жекелеген түрлерін жүзеге асыратын ұйымдар:
сәйкестендіру нөмірін ескермеу, сондай-ақ Қазақстан Республикасының
заңнамасында белгіленген сәйкестендіру нөмірін қалыптастыру алгоритміне сәйкес
дұрыс көрсетілуін бақыламау түрінде жасаған орындамау не тиісінше орындамау -
лауазымды адамдарға жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекеттер -
лауазымды адамдарға отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
469-бап. Күзет дабылы құралдарын монтаждау, баптау және
оларға техникалық қызмет көрсету жөніндегі
қызметке қойылатын талаптарды бұзу
1. Жеке немесе заңды тұлғалардың күзет дабылы құралдарын монтаждау, баптау
және оларға техникалық қызмет көрсету жөніндегі қызметке «Күзет қызметі туралы»
Қазақстан Республикасының Заңында қойылатын талаптарды бұзуы –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне – елу бес, орта
кәсіпкерлік субъектілеріне – бір жүз, ірі кәсіпкерлік субъектілеріне бір жүз елу
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет, сол сияқты осы баптың бiрiншi
бөлiгiнде көзделген, әкiмшiлiк жауаптылыққа тартуға әкеп соққан бұзушылықты жоймау
–
қызметке тыйым сала отырып, жеке тұлғаларға – қырық, шағын кәсiпкерлiк
субъектiлерiне – тоқсан бес, орта кәсіпкерлік субъектілеріне – бір жүз елу, ірі
кәсіпкерлік субъектілеріне үш жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
470-бап. Қазақстан Республикасының күзет қызметі
саласындағы заңнамасын бұзу
1. Қазақстан Республикасының күзет қызметі саласындағы заңнамасын:
1) Қазақстан Республикасының Үкіметі бекіткен, мемлекеттік күзетілуге жататын
объектілердің инженерлік-техникалық нығайтылуын қамтамасыз ету жөніндегі талаптарды
орындамау және (немесе) тиісінше орындамау;
2) шетелдік заңды тұлғаларға, шетел қатысатын заңды тұлғаларға,
шетелдіктерге, сондай-ақ азаматтығы жоқ адамдарға күзет қызметінің барлық түрін
жүзеге асыру; жеке күзет ұйымдарын құру немесе олардың құрылтайшылары
(қатысушылары) болу; сенімгерлік басқаруында жеке күзет ұйымы болу құқықтарын беру;
3) жеке күзет ұйымының күзетшісі лауазымына «Күзет қызметі туралы» Қазақстан
Республикасы Заңының 10-бабы 6-тармағының талаптарына сай келмейтін адамдарды
қабылдау;
4) күзетшіні өзінің лауазымдық міндеттерін атқару кезінде оның жеке басын
және жеке күзет ұйымына тиесілі екенін куәландыратын белгіленген үлгідегі құжатпен
және арнаулы киіммен қамтамасыз ету жөніндегі талаптарды орындамау;
5) «Күзет қызметі туралы» Қазақстан Республикасы Заңының 7-1-бабында
көзделген шектеулерді сақтамау;
6) жеке күзет ұйымында басшы және күзетшi лауазымын атқаратын жұмыскерлердi
даярлау және олардың біліктілігін арттыру жөніндегі қызметті Қазақстан
Республикасының заңнамасында белгіленген талаптарды бұза отырып жүзеге асыру
түрінде жасалған бұзушылық -
лауазымды адамдарға, шағын кәсіпкерлік субъектілеріне - елу, орта кәсіпкерлік
субъектілеріне - бір жүз, ірі кәсіпкерлік субъектілеріне – бір жүз жиырма айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгінде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет (әрекетсіздік), сол сияқты осы баптың
бірінші бөлігінде көзделген, әкімшілік жауаптылыққа тартуға әкеп соққан бұзушылықты
жоймау -
қызметке тыйым сала отырып не онсыз, лауазымды адамдарға, шағын кәсіпкерлік
субъектілеріне - сексен, орта кәсіпкерлік субъектілеріне – бір жүз отыз, ірі
кәсіпкерлік субъектілеріне – бір жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
471-бап. Жергiлiктi атқарушы органдардың және өзге де
уәкiлеттi мемлекеттік органдардың Қазақстан
Республикасының салық заңнамасында белгiленген
мiндеттердi орындамауы
1. Қазақстан Республикасының салық заңнамасына сәйкес жергiлiктi атқарушы
органдардың немесе уәкiлеттi мемлекеттік органдардың бюджетке аударуына жататын
салықтардың және бюджетке төленетiн басқа да мiндеттi төлемдердің сомаларын осы
бөлiкте көрсетiлген органдардың аудармауы, уақтылы немесе толық аудармауы -
лауазымды адамдарға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Мемлекеттік кіріс органдарына ұсыну үшiн Қазақстан Республикасының салық
заңнамасында айқындалған мәлiметтердi жергiлiктi атқарушы органдардың және өзге де
уәкiлеттi мемлекеттік органдардың ұсынбауы, уақтылы, анық немесе толық ұсынбауы –
лауазымды адамдарға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
3. Уәкілетті мемлекеттік және жергілікті атқарушы органдардың салықтық
бақылау нәтижелері бойынша анықталған және бақылау актісінде көрсетілген
бұзушылықтарды жою жөніндегі талаптарды орындамауы –
лауазымды адамдарға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
4. Осы баптың бiрiншi, екiншi бөлiктерiнде көзделген, әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер (әрекетсіздік) –
лауазымды адамдарға алпыс айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
Ескерту. 471-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
472-бап. Заңнамалық актiлерде көзделген жағдайларда
жекелеген негiздер бойынша мемлекет меншiгiне
келіп түскен мүлiктi есепке алу және одан әрi
пайдалану қағидаларын бұзу
1. Жекелеген негiздер бойынша мемлекет меншiгiне келіп түскен мүлiктi, атап
айтқанда:
1) сот актілері негізінде мемлекет кірісіне тәркіленген мүлікті;
2) сот актілері негізінде мемлекет кірісіне айналдырылған заттай
дәлелдемелерді;
3) тарих және мәдениет ескерткіштеріне жататын заттар бар көмбелерді;
4) мемлекеттік функцияларды орындауға уәкілеттік берілген тұлғаға немесе оған
теңестірілген тұлғаға, сондай-ақ олардың отбасы мүшелеріне келіп түскен және
арнаулы мемлекеттік қорға өтеусіз тапсыруға жататын сыйлықтарды;
5) заңнамалық актілерде көзделген өзге де жағдайларда республикалық меншікке
өткен мүлікті, оның ішінде мемлекет пайдасына бас тартудың кедендік режимінде
ресімделген тауарлар мен көлік құралдарын;
6) белгіленген тәртіппен қараусыз қалған деп танылған мүлікті;
7) мұрагерлік құқығы бойынша мемлекетке өткен мүлікті, оның ішінде иесіз
мұраны;
8) олжаларды;
9) қараусыз қалған жануарларды уәкiлеттi органға толық және (немесе) уақтылы
бермеу, егер бұл іс-әрекеттерде қылмыстық жазаланатын іс-әрекет белгiлерi болмаса,
–
жеке тұлғаларға – сегiз, лауазымды адамдарға – он бес, заңды тұлғаларға қырық
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Жекелеген негiздер бойынша мемлекет меншiгiне келіп түскен мүлiктi есепке
алу, сақтау, бағалау және өткізу тәртiбiн:
1) мемлекеттің меншік құқығының туындағанын куәландыратын құжаттардың
сақталуын қамтамасыз етпеу;
2) аукционды ұйымдастырушыны аукциондарды ұйымдастыру мен өткізу жөніндегі
қызметтер көрсетуді мемлекеттік сатып алу арқылы таңдамау;
3) ең төмен баға бойынша өткізілмеген мүлікті жоймау;
4) осындай мүлікті өткізуден түскен сомаларды мемлекеттік бюджетке уақтылы
аудармау түрінде жасалған сақтамау -
лауазымды адамдарға – он бес, заңды тұлғаларға қырық бес айлық есептiк
көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
473-бап. Салық құпиясын құрайтын мәлiметтердi жария ету
Салық құпиясын құрайтын мәлiметтердi Қазақстан Республикасының
салық заңнамасында белгіленген тәртіппен өздеріне мұндай мәліметтер туралы белгілі
болған тұлғалардың кәсіптік немесе қызметтік қажеттіліксіз жария етуі –
қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
474-бап. Мемлекет уәкiлеттiк берген органдардың
(ұйымдардың) салықтарды және бюджетке төленетін
басқа да мiндеттi төлемдердi өндiрiп алмай, сол
сияқты мұндай төлемдi растайтын құжаттар алмай
тұрып, белгiлi бiр әрекеттердi жүзеге асыруы
1. Мемлекет уәкiлеттiк берген органдардың (ұйымдардың) салықтарды және
бюджетке төленетін басқа да мiндеттi төлемдердi өндiрiп алмай, Қазақстан
Республикасының заңнамасында көзделген заңдық мәнi бар әрекеттердi жүзеге асыруы –
лауазымды адамдарға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Мемлекет уәкiлеттiк берген органдардың (ұйымдардың) растайтын құжатты алу
заңнамалық актiлерде көзделген жағдайларда, салықтардың және бюджетке төленетiн
басқа да мiндеттi төлемдердiң төленгенiн растайтын құжатты алмай тұрып, Қазақстан
Республикасының заңнамасында көзделген заңдық мәнi бар әрекеттердi жүзеге асыруы –
лауазымды адамдарға отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
3. Осы баптың бiрiншi және екiншi бөлiктерiнде көзделген, әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
лауазымды адамдарға жетпiс айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
475-бап. Салық есебiне қоюдан бас тарту немесе салық
есебiне қою мерзiмдерiн бұзу
1. Салық төлеушiнi тiркеу есебiне немесе салық төлеушiнi қосылған құн
салығына салық төлеушi ретiнде есепке қоюдан бас тарту, сол сияқты мемлекеттік
кіріс органы лауазымды адамының салық заңнамасында белгiленген мұндай тiркеу
(есепке алу) мерзiмдерiн бұзуы –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
476-бап. Төтенше жағдай режимiн бұзу
Төтенше жағдайдың жариялануына байланысты мемлекеттiк орган белгiлеген
режимдi бұзу немесе талаптарды орындамау, сондай-ақ жергілікті жер комендантының
заңды бұйрықтары мен өкімдерін:
1) келу мен кетудiң ерекше режимi;
2) белгiлi бiр жеке тұлғалар үшiн белгiленген мерзiмге белгiлi бiр жерден,
өзiнiң пәтерiнен (үйiнен) кетуге тыйым салу;
3) жиналыстар, митингiлер, шерулер және демонстрациялар, сондай-ақ ойын-
сауық, спорттық және басқа да бұқаралық iс-шараларды өткiзуге тыйым салу;
4) ереуiлдер өткiзуге тыйым салу;
5) қарумен, күштi әсер ететiн химиялық және улы заттармен, сондай-ақ
алкогольдік iшiмдiктермен және құрамында спирт бар заттармен сауданы шектеу немесе
оған тыйым салу;
6) карантин және басқа да мiндеттi санитариялық-эпидемияға қарсы iс-шараларды
өткiзу;
7) көбейту техникасын, сондай-ақ радио- және теле хабар тарату аппаратурасын,
аудио- және бейнежазу техникасын пайдалануға шектеу қою немесе тыйым салу; дыбыс
күшейткiш техникалық құралдарды алып қою туралы нұсқамалар; бұқаралық ақпарат
құралдарын бақылауды қамтамасыз ету жөнiндегi шаралар;
8) байланысты пайдаланудың ерекше қағидалары;
9) көлiк құралдарының жүруін шектеу және оларды жете тексеруден өткiзу;
10) коменданттық сағат кезінде жеке тұлғалардың жеке басын куәландыратын
арнайы берiлген рұқсаттарсыз және құжаттарсыз көшелерде немесе өзге де қоғамдық
орындарда жүруiне не жеке басын куәландыратын құжаттарсыз өз үйiнен тыс жерде
болуына тыйым салу бөліктерінде орындамау, егер бұл әрекеттерде (әрекетсіздікте)
қылмыстық жазаланатын іс-әрекет белгілері болмаса, –
ескерту жасауға немесе он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
не он бес тәулікке дейін әкімшілік қамаққа алуға әкеп соғады.
477-бап. Терроризмге қарсы операция жүргізу
аймағында құқықтық режимді бұзу
Терроризмге қарсы операцияның жариялануына байланысты белгіленген құқықтық
режимді бұзу немесе талаптарды:
1) келу мен кетудің ерекше режимі;
2) жеке тұлғалардың жергілікті жердің жекелеген учаскелерінде және
объектілерде жүруіне тыйым салу, сондай-ақ көлік құралдарын сүйреп әкетуге кедергі
келтіру;
3) жеке тұлғалардың жеке басын куәландыратын құжаттарды тексеруге, жеке басын
жете тексеруді және жеке тұлғаның жанындағы заттарды жете тексеруді, көлік
құралдарын жете тексеруді жүргізуге кедергі келтіру;
4) байланысты пайдаланудың ерекше қағидаларын;
5) егер кешеуілдеу адамдардың өміріне немесе денсаулығына нақты қатер
төндіруі мүмкін болса, жедел медициналық жәрдемді қажет ететін адамдарды емдеу
мекемелеріне жеткізу, терроризм актісі жасалған жерге бару үшін, сондай-ақ
терроризм актісін жасады деп күдік келтірілген адамдардың ізіне түсу және оларды
ұстап алу үшін көлік құралдарын алып қоюға кедергі келтіру;
6) қауіпті өндірістік объектілердің қызметін тоқтата тұру;
7) терроризмге қарсы операцияның құқықтық режимі енгізілген аумақ шегінде
тұратын жеке тұлғаларды уақытша көшіруге кедергі келтіру;
8) карантин енгізу, санитариялық-эпидемияға қарсы, ветеринариялық іс-
шараларды және өсімдіктер карантині жөніндегі іс-шараларды жүргізу;
9) жеке және заңды тұлғалардың меншігіндегі немесе иелігіндегі және
пайдалануындағы тұрғын және өзге де үй-жайларға және оларға жеке меншік құқығымен
немесе жер пайдалану құқығымен тиесілі жер учаскелеріне кіруге кедергі келтіру;
10) қарумен, оқ-дәрілермен, жарылғыш заттармен, күшті әсер ететін химиялық
және улы заттармен сауданы шектеу немесе оған тыйым салу, дәрілік, есірткі,
психотроптық заттар мен прекурсорлар, этил спирті мен алкогольдік өнім айналымының
ерекше режимін орнату бөлігінде орындамау -
қауіпті өндірістік объектілердің қызметін тоқтата тұрып, жеке тұлғаларға –
жиырма айлық есептік көрсеткіш мөлшерінде не он бес тәулікке дейін әкімшілік
қамаққа алуға, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға
– сексен бес, орта кәсіпкерлік субъектілеріне – бір жүз елу, ірі кәсіпкерлік
субъектілеріне екі жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
478-бап. Төтенше жағдай кезiнде құқықтық тәртiпті
бұзуға итермелейтiн әрекеттер
Құқықтық тәртiпті бұзуға итермелейтiн немесе ұлттық және дiни алауыздықты
қоздыратын әрекеттер, жеке тұлғалардың және лауазымды адамдардың өздерiнiң заңды
құқықтары мен мiндеттерiн жүзеге асыруына белсендi кедергi келтіру, сол сияқты
қоғамдық тәртiптi қорғау бойынша қызметтiк мiндеттерiн немесе қоғамдық борышын
орындайтын iшкi iстер, ұлттық қауiпсiздiк органдары қызметкерiнiң, әскери
қызметшінiң, билiк немесе жұртшылық өкiлдерiнiң заңды өкiмдерiне немесе талабына
қаскөйлікпен бағынбау не қоғамдық тәртiптi және жеке тұлғалардың тыныштығын бұзатын
әрекеттер, сондай-ақ төтенше жағдай жарияланған жерде жасалған әкiмшiлiк қадағалау
туралы заңнаманы бұзу –
қырық айлық айлық есептік көрсеткіш мөлшерінде айыппұл салуға не отыз
тәулікке дейінгі мерзімге әкімшілік қамаққа алуға әкеп соғады.
479-бап. Құқық бұзушылық жасауға ықпал еткен себептер мен
жағдайларды жою жөнiнде қолданылған шаралар
туралы хабарламау
Істi қараған органдардың (лауазымды адамдардың) ұсынулары бойынша ұйым
басшысының және басқа да адамдардың қылмыстар немесе әкiмшiлiк құқық бұзушылықтар
жасауға ықпал еткен себептер мен жағдайларды жою жөнiнде қолданылған шаралар туралы
хабарламауы –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
480-бап. Қазақстан Республикасының әкiмшiлiк қадағалау
туралы заңнамасын бұзу
1. Бас бостандығынан айыру орындарынан босатылған адамның әкiмшiлiк
қадағалау қағидаларын немесе өзiне қатысты сот белгілеген шектеулерді орындамауы –
ескерту жасауға немесе он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға не он бес тәулiккке
дейiнгі мерзімге әкiмшiлiк қамаққа алуға әкеп соғады.
481-бап. Қылмыстық-атқару жүйесiнің мекемелерiнде,
арнаулы мекемелерде ұсталатын адамдарға тыйым
салынған заттар, бұйымдар мен нәрселер беру
1. Қылмыстық-атқару жүйесiнің мекемелерiнде, арнаулы мекемелерде ұсталатын
адамдарға осы мекемелерде сақтауға және пайдалануға тыйым салынған алкогольдік
ішімдіктерді, дәрілік және есеңгірететін әсері бар басқа да заттарды, ақшаны, тамақ
өнімдерін, бұйымдарды және басқа да нәрселердi жете тексеруден жасырып беру немесе
кез келген тәсiлмен беруге әрекеттену –
ескерту жасауға немесе әкiмшiлiк құқық бұзушылықты жасау құралы не нысанасы
болып табылған зат тәркiлене отырып, он айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
әкiмшiлiк құқық бұзушылық жасау құралы не нысанасы болып табылған зат
тәркiлене отырып, жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға не отыз
тәулiкке дейiнгі мерзімге әкiмшiлiк қамаққа алуға әкеп соғады.
482-бап. Жеке және заңды тұлғалардың қаруды заңсыз
иеленіп алуы, беруі, өткізуі, сақтауы, алып
жүруi, тасымалдауы
1. Iшкi iстер органдарында тiркелмеген тегiс ұңғылы, газды қару мен олардың
патрондарын, сол сияқты электрлі қаруды, үрлемелi қуаты 7,5 Джоульдан жоғары,
калибрi 4,5 миллиметрден асатын пневматикалық қаруды заңсыз иеленіп алу, беру,
өткiзу, сақтау, алып жүру, тасымалдау –
қару тәркілене отырып, жеке тұлғаларға – жиырма, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – жиырма бес, орта кәсiпкерлiк
субъектiлерiне – отыз, iрi кәсiпкерлiк субъектiлерiне қырық айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер -
қару тәркiлене отырып, жеке тұлғаларға – отыз, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – отыз бес, орта кәсiпкерлiк
субъектiлерiне – қырық, iрi кәсiпкерлiк субъектiлерiне елу айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпе. Заңсыз сақталған қаруды өз еркiмен тапсырған тұлға, егер оның
әрекеттерiнде өзге де құқық бұзушылық құрамы болмаса, әкiмшiлiк жауаптылықтан
босатылады.
483-бап. Азаматтық пиротехникалық заттарды және оларды
қолданып жасалған бұйымдарды сақтау, есепке алу,
пайдалану, тасымалдау, олармен сауда жасау,
оларды жою, әкелу, әкету тәртібін бұзу
1. Азаматтық пиротехникалық заттардың және оларды қолданып жасалған
бұйымдардың айналымы саласындағы қызмет құқығына лицензиясы бар
тұлғалардың азаматтық пиротехникалық заттарды және оларды қолданып жасалатын
бұйымдарды сақтау, есепке алу, пайдалану, тасымалдау, олармен сауда жасау, оларды
жою, әкелу, әкету тәртібін бұзуы –
азаматтық пиротехникалық заттар және оларды қолданып жасалған бұйымдар
тәркілене отырып, жеке тұлғаларға – бес, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – он, орта кәсіпкерлік субъектілеріне – он бес, ірі
кәсіпкерлік субъектілеріне қырық бес айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
2. Қауiптiлiгi 4-сыныпты азаматтық пиротехникалық бұйымдарды олардың сақталу
орындарынан тыс жерлерде және (немесе) қауiптiлiгi 4-сыныпты азаматтық
пиротехникалық бұйымдарды сатып алуға лицензиясы жоқ тұлғаларға өткiзу –
азаматтық пиротехникалық заттар және оларды қолданып жасалған бұйымдар
тәркілене отырып, жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – жиырма, орта кәсіпкерлік субъектілеріне – отыз, ірі
кәсіпкерлік субъектілеріне жетпіс айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
3. Осы баптың бірінші және екінші бөліктерінде көзделген, әкімшілік жаза
қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер -
азаматтық пиротехникалық заттар және оларды қолданып жасалған бұйымдар
тәркілене отырып, жеке тұлғаларға – жиырма, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – қырық, орта кәсіпкерлік субъектілеріне – алпыс, ірі
кәсіпкерлік субъектілеріне бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
484-бап. Азаматтық, қызметтiк қаруды, оның патрондарын
сатып алу, сақтау, пайдалану немесе тасымалдау
қағидаларын бұзу
1. Қаруды сақтауға, алып жүруге iшкi iстер органдарының рұқсаты бар жеке
тұлғалардың азаматтық қаруды, оның патрондарын сатып алу, сақтау, пайдалану немесе
тасымалдау қағидаларын бұзуы –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Қызметтiк қарудың, оның патрондарының сақталуына жауапты ұйым
қызметкерлерiнiң оларды сатып алу, сақтау немесе тасымалдау қағидаларын бұзуы, сол
сияқты олардың қызметтiк қаруды және оның патрондарын өз мақсатында пайдаланбауы –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
485-бап. Газды қаруды құқыққа сыйымсыз қолдану
1. Газды қаруды құқыққа сыйымсыз қолдану –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
қару тәркiлене отырып немесе онсыз, он бес айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
486-бап. Азаматтық және қызметтiк қаруды тiркеу (қайта
тiркеу) тәртібін не оны есепке қою тәртібін бұзу
1. Азаматтық және қызметтiк қаруды тiркеу (қайта тiркеу) тәртiбiн не оны
есепке қою қағидаларын:
1) жеке тұлғаның қаруды сатып алғаннан кейiн тiркеу және оны сақтауға және
(немесе) алып жүруге рұқсат алу;
2) жеке тұлғаның азаматтық қаруды сақтауға және (немесе) алып жүруге рұқсатты
ұзарту туралы iшкi iстер органына өтiнiш жасау;
3) қару иесiнiң өзіне тиесiлi қарудың жоғалғаны немесе ұрланғаны туралы iшкi
iстер органын хабардар ету;
4) жеке тұлғаның тұрғылықты жерiн өзгерткен кезде қаруды есепке қою үшiн iшкi
iстер органдарына өтiнiш жасау;
5) заңды тұлғаның қызметтiк және (немесе) азаматтық қаруды сатып алғаннан
кейiн оны iшкi iстер органдарында тiркеу мерзiмдерiн бұзудан көрінген бұзу –
жеке тұлғаларға – бес, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – он, орта кәсіпкерлік субъектілеріне – жиырма, ірі кәсіпкерлік
субъектілеріне қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – он бес, орта кәсіпкерлік субъектілеріне – отыз, ірі кәсіпкерлік
субъектілеріне жетпіс айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
487-бап. Азаматтық қаруды, оның патрондарын өткізу үшiн
тапсырудан жалтару
Азаматтық қаруды, оның патрондарын сақтауға және алып жүруге рұқсатының күші
жойылған жеке тұлғалардың оларды өткізу үшiн тапсырудан жалтаруы –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
488-бап. Қазақстан Республикасының бейбiт жиналыстарды,
митингiлерді, шерулерді, пикеттер мен
демонстрацияларды ұйымдастыру және өткiзу
тәртiбi туралы заңнамасын бұзу
1. Қазақстан Республикасының жиналыстарды, митингiлерді, шерулерді,
пикеттерді, демонстрацияларды не өзге де көпшiлiк iс-шараны ұйымдастыру немесе
өткiзу тәртiбi туралы заңнамасын бұзу не оларды ұйымдастыруға немесе өткiзуге
кедергi келтіру, сол сияқты заңсыз жиналыстарға, митингiлерге, шерулерге,
демонстрацияларға не өзге де көпшiлiк iс-шараға қатысу, егер бұл әрекеттерде
қылмыстық жазаланатын іс-әрекет белгiлерi болмаса, –
жеке тұлғаларға ескерту жасауға немесе жиырма айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға, лауазымды адамдарға – елу айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға не он тәулікке дейінгі мерзімге қамаққа алуға әкеп
соғады.
2. Ұйымдар басшыларының және басқа да лауазымды адамдарының санкцияланбаған
жиналысқа, митингіге, пикет қоюға, демонстрацияға немесе өзге де көпшiлiк iс-шараға
қатысушыларға үй-жай не өзге де мүлiк (байланыс құралдарын, көбейту техникасын,
жабдық, көлiк) беруi немесе осындай iс-шараларды ұйымдастыру мен өткiзу үшiн өзге
де жағдайлар жасауы –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Осы баптың бірінші және екінші бөліктерінде көзделген, әкiмшiлiк жаза
шаралары қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған не жиналысты,
митингiнi, шерудi, демонстрацияны ұйымдастырушы жасаған әрекеттер –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға не он бес тәулiкке
дейiнгi мерзiмге әкiмшiлiк қамаққа алуға әкеп соғады.
489-бап. Қазақстан Республикасының қоғамдық бiрлестiктер
туралы заңнамасын бұзу, сондай-ақ Қазақстан
Республикасының заңнамасында белгіленген
тәртіппен тіркелмеген қоғамдық, дiни
бiрлестiктердiң қызметіне басшылық жасау,
қатысу, олардың қызметiн қаржыландыру
1. Қоғамдық бiрлестiк басшыларының, мүшелерiнiң не қоғамдық бiрлестiктiң
осы қоғамдық бiрлестiктердiң жарғыларында айқындалған мақсаттар мен мiндеттердiң
шегiнен шығатын әрекеттер жасауы –
ескерту жасауға немесе заңды тұлғаларға бір жүз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Қоғамдық бiрлестiк басшыларының, мүшелерінің не қоғамдық бiрлестiктiң
Қазақстан Республикасының заңнамасын бұзатын әрекеттер жасауы –
ескерту жасауға немесе қоғамдық бiрлестiктiң қызметiн үш айдан алты айға
дейінгi мерзiмге тоқтата тұрып, заңды тұлғаларға бір жүз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
3. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
қоғамдық бiрлестiктiң қызметiн үш айдан алты айға дейiнгі мерзiмге тоқтата
тұрып, заңды тұлғаларға бір жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
4. Осы баптың екiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн
бiр жыл iшiнде қайталап жасалған әрекет, сол сияқты осы баптың үшiншi бөлiгiнде
көзделген бұзушылықтарды жоймау –
қоғамдық бiрлестіктің қызметiне тыйым сала отырып, заңды тұлғаларға екі жүз
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
5. Шетелдiк заңды тұлғалардың және халықаралық ұйымдардың, шетел қатысатын
заңды тұлғалардың, мемлекеттік органдар мен ұйымдардың, қайырымдылық ұйымдарының
саяси партияларды қаржыландыруы -
заңсыз қайырмалдықтар тәркілене отырып, лауазымды адамдарға – төрт жүз, заңды
тұлғаларға екі мың айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
6. Саяси партияның заңсыз қайырмалдықтарды қабылдауы -
заңсыз қайырмалдықтар тәркілене отырып және саяси партияның қызметіне тыйым
сала отырып, төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
7. Саяси партияның қаржылық қызметi туралы жылдық есептіліктi Қазақстан
Республикасының заңнамасында белгiленген мерзiмдерде және көлемде жарияламау –
саяси партияның қызметiн алты айға дейінгі мерзiмге тоқтата тұрып, екі жүз
айлық eceптiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
8. Қазақстан Республикасының заңнамасында көзделген жағдайларда, саяси
партияның, оның құрылымдық бөлiмшелерiнің (филиалдары мен өкiлдiктерiнiң) қызметтi
қайта тiркеусiз жүзеге асыруы –
саяси партияның қызметiне тыйым сала отырып, екі жүз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
9. Қазақстан Республикасының заңнамасында белгіленген тәртіппен тіркелмеген,
сол сияқты қызметі тоқтатыла тұрған немесе оған тыйым салынған қоғамдық, дiни
бiрлестiктердiң қызметіне басшылық жасау –
бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
10. Қазақстан Республикасының заңнамасында белгiленген тәртiппен тiркелмеген,
сол сияқты қызметi тоқтатыла тұрған немесе оған тыйым салынған қоғамдық, дiни
бiрлестiктердiң қызметiне қатысу –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
11. Қазақстан Республикасының заңнамасында белгiленген тәртiппен тiркелмеген,
сол сияқты қызметi тоқтатыла тұрған немесе оған тыйым салынған қоғамдық, дiни
бiрлестiктердiң қызметiн қаржыландыру –
екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
490-бап. Қазақстан Республикасының діни қызмет және діни
бірлестіктер туралы заңнамасын бұзу
1. Қазақстан Республикасының заңнамасында:
1) дiни жораларды, рәсімдерді және (немесе) жиналыстарды өткізуге;
2) қайырымдылық қызметті жүзеге асыруға;
3) діни әдебиетті және діни мазмұндағы өзге де материалдарды, діни мақсаттағы
заттарды әкелуге, шығаруға, басып шығаруға және (немесе) таратуға;
4) ғибадат үйлерін (ғимараттарын) салуға, үйлерді (ғимараттарды) ғибадат
үйлері (ғимараттар) етіп қайта бейіндеуге (функционалдық мақсатын өзгертуге)
белгіленген талаптарды бұзу –
қызметтi үш ай мерзімге тоқтата тұрып, жеке тұлғаларға – елу, заңды
тұлғаларға екі жүз айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
2. Заңды діни қызметке кедергі келтіру, сол сияқты жеке тұлғалардың
азаматтық құқықтарын дінге көзқарасы себептері бойынша бұзу немесе олардың діни
сезімдерін қорлау не қандай да бір дiндi ұстанушылар қастерлейтін заттарды,
құрылыстар мен орындарды бүлдіру, егер жоғарыда баяндалған барлық әрекеттерде
қылмыстық жазаланатын іс-әрекет белгілері болмаса, –
жеке тұлғаларға – елу, лауазымды адамдарға – бір жүз, заңды тұлғаларға екі
жүз айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
3. Миссионерлiк қызметтi тіркеусіз (қайта тіркеусіз) жүзеге асыру, сол сияқты
миссионерлердің дінтану сараптамасының оң қорытындысы жоқ діни әдебиетті, діни
мазмұндағы ақпараттық материалдарды және діни мақсаттағы заттарды пайдалануы,
Қазақстан Республикасында тіркелмеген діни бірлестіктердің діни ілімді таратуы –
Қазақстан Республикасының азаматтарына бір жүз айлық есептiк көрсеткiш
мөлшерінде, шетелдіктерге және азаматтығы жоқ тұлғаларға Қазақстан Республикасының
шегiнен әкiмшiлiк жолмен шығарып жiбере отырып, бір жүз айлық есептiк көрсеткiш
мөлшерінде айыппұл салуға әкеп соғады.
4. Діни бірлестіктің өз жарғысында көзделмеген қызметті жүзеге асыруы –
қызметті үш ай мерзімге тоқтата тұрып, үш жүз айлық есептiк көрсеткiш
мөлшерінде айыппұл салуға әкеп соғады.
5. Діни бірлестіктің саяси қызметпен айналысуы, сол сияқты саяси
партиялардың қызметіне қатысуы және (немесе) оларға қаржылық қолдау көрсетуі,
мемлекеттік органдардың қызметіне араласуы не мемлекеттік органдардың немесе
олардың лауазымды адамдарының функцияларын діни бірлестіктер мүшелерінің иемденіп
алуы –
қызметті үш ай мерзімге тоқтата тұрып, үш жүз айлық есептiк көрсеткiш
мөлшерінде айыппұл салуға әкеп соғады.
6. Мемлекеттік органдарда, ұйымдарда, мекемелерде, оның ішінде денсаулық
сақтау және білім беру ұйымдарында діни бірлестіктердің ұйымдық құрылымдарын құру –
лауазымды адамдарға – бір жүз, заңды тұлғаларға екі жүз айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
7. Уәкілетті органмен келіспей шетелдік діни орталық тағайындаған адамның
діни бірлестікті басқаруы, сол сияқты діни бірлестік басшысының кәмелетке толмаған
адамның ата-анасының біреуі немесе оның өзге де заңды өкілдері қарсылық білдірген
кезде кәмелетке толмағандарды діни бірлестіктің қызметіне тартуға және (немесе)
қатыстыруға жол бермеу шараларын қолданбауы –
Республиканың шегінен әкімшілік жолмен шығарып жібере отырып, елу айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
8. Осы баптың бірінші, екінші, үшінші, төртінші, бесінші және жетінші
бөліктерінде көзделген, әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап
жасалған әрекеттер (әрекетсіздік) –
қызметке тыйым сала отырып, жеке тұлғаларға – екі жүз, лауазымды адамдарға –
үш жүз, заңды тұлғаларға бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
491-бап. Азаматтық хал актiлерiн жазу қағидаларын бұзу
Некеге отыруға кедергi келтіретін мән-жайларды жасыру немесе азаматтық хал
актiлерiн жазу органдарына жалған мәлiметтер беру –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
492-бап. Қазақстан Республикасында тiркеусiз не жеке басты
куәландыратын құжаттарсыз тұру
1. Қазақстан Республикасы азаматтарының күнтізбелік он күннен үш айға
дейінгі мерзімде жеке куәлiксiз немесе жарамсыз жеке куәлікпен не тұрғылықты жері
бойынша тiркеуден өтпей тұруы –
ескерту жасауға әкеп соғады.
2. Қазақстан Республикасы азаматтарының үш айдан астам мерзімде жеке
куәлiксiз немесе жарамсыз жеке куәлікпен не тұрғылықты жері бойынша тiркеуден өтпей
тұруы –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Осы баптың бірiншi және екінші бөлiктерінде көзделген, әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған іс-әрекет –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Қазақстан Республикасында шетелдiктiң немесе азаматтығы жоқ адамның
күнтізбелік он күннен астам мерзімде тұрақты тұрғылықты жері бойынша тіркеуден
өтпей не тұруға ықтиярхатсыз немесе азаматтығы жоқ адамның куәлiгінсiз не жарамсыз
тұру ықтиярхатымен, азаматтығы жоқ адамның жарамсыз куәлiгімен тұруы, сондай-ақ
ішкі істер органдарын паспорттың, тұруға ықтиярхаттың не азаматтығы жоқ адам
куәлігінің жоғалғаны туралы уақтылы хабардар етпеу –
бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
5. Осы баптың төртінші бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейін бір жыл iшiнде қайталап жасалған іс-әрекеттер –
он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
493-бап. Тұрғынжай меншік иесiнiң немесе қарамағында
тұрғынжайлар, ғимараттар және (немесе) үй-жайлар
бар басқа да тұлғалардың оларда нақты тұрмайтын
жеке тұлғаларды тіркеуге жол беруі
1. Тұрғынжай меншік иесінің немесе қарамағында тұрғынжайлар, ғимараттар
және (немесе) үй-жайлар бар басқа да тұлғалардың меншiк иесiне тиесілі немесе басқа
да тұлғалардың қарамағындағы тұрғынжайларда, ғимараттарда және (немесе) үй-жайларда
нақты тұрмайтын жеке тұлғаларды тiркеуге жол беруi –
жеке тұлғаларға – бес, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – он, орта кәсіпкерлік субъектілеріне – он бес, ірі кәсіпкерлік
субъектілеріне жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған іс-әрекет –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – жиырма, орта кәсіпкерлік субъектілеріне – жиырма бес, ірі
кәсіпкерлік субъектілеріне отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
3. Тұрғынжай меншік иесінің немесе қарамағында тұрғынжайлар, ғимараттар және
(немесе) үй-жайлар бар басқа да тұлғалардың меншiк иесiне тиесілі немесе басқа да
тұлғалардың қарамағындағы тұрғынжайларда, ғимараттарда және (немесе) үй-жайларда
тіркелген және тұрмайтын жеке тұлғаларды тiркеуден шығару жөнiнде шаралар
қолданбауы –
жеке тұлғаларға – үш, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – он, орта кәсіпкерлік субъектілеріне – жиырма, ірі кәсіпкерлік
субъектілеріне қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
4. Осы баптың үшiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған іс-әрекет –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – жиырма, орта кәсіпкерлік субъектілеріне – қырық, ірі кәсіпкерлік
субъектілеріне сексен айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
494-бап. Паспорттарды, жеке куәліктерді заңсыз алып қою
немесе оларды кепілге қабылдау
1. Азаматтардан паспорттарды, жеке куәліктерді заңсыз алып қою немесе
оларды кепілге қабылдау –
ескерту жасауға немесе бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекеттер –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
495-бап. Жеке басты куәландыратын құжаттарды алған кезде
не Қазақстан Республикасында тұрақты тұруға
рұқсат алу үшін немесе Қазақстан Республикасының
азаматтығына қабылдау не Қазақстан
Республикасының азаматтығын қалпына келтіру
туралы өтініш берген кезде Қазақстан
Республикасының мемлекеттік органдарына көрiнеу
жалған мәлiметтерді ұсыну
1. Жеке басты куәландыратын құжаттарды алған кезде Қазақстан
Республикасының мемлекеттік органдарына көрiнеу жалған мәлiметтерді ұсыну –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Шетелдіктің немесе азаматтығы жоқ адамның Қазақстан Республикасында
тұрақты тұруға рұқсат алу үшін немесе Қазақстан Республикасының азаматтығына
қабылдау не Қазақстан Республикасының азаматтығын қалпына келтіру туралы өтініш
берген кезде Қазақстан Республикасының мемлекеттік органдарына көрiнеу жалған
мәлiметтерді ұсынуы –
Қазақстан Республикасының шегiнен әкiмшiлiк жолмен шығарып жiберуге әкеп
соғады.
496-бап. Қазақстан Республикасының азаматтық туралы
заңнамасын бұзу
1. Қазақстан Республикасының азаматтығынан айырылған адамның Қазақстан
Республикасы азаматының паспортын және (немесе) жеке куәлігін пайдалануы –
жеке тұлғаларға бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
2. Қазақстан Республикасының заңнамасында белгіленген мерзімдерде шетел
азаматтығын алу фактісін хабарламау –
екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға не Қазақстан
Республикасының шегінен тыс жерге әкімшілік жолмен шығарып жіберуге әкеп соғады.
3. Мемлекеттік қызметтегі адамдар, сондай-ақ билік өкілінің функцияларын
жүзеге асыратын не мемлекеттік органдарда ұйымдастырушылық-өкімдік немесе
әкімшілік-шаруашылық функцияларды орындайтын адамдар жасаған осы баптың бірінші
және екінші бөліктерінде көзделген іс-әрекеттер –
үш жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
Ескерту. 496-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
497-бап. Алғашқы статистикалық деректерді ұсыну тәртібін
бұзу
1. Мемлекеттік статистиканың тиісті органдарына анық емес алғашқы
статистикалық деректерді ұсыну –
ескерту жасауға әкеп соғады.
2. Мемлекеттік статистиканың тиісті органдарына алғашқы статистикалық
деректерді белгіленген мерзімде ұсынбау –
жеке тұлғаларға – бес, лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне
– жеті, орта кәсіпкерлік субъектілеріне – он, ірі кәсіпкерлік субъектілеріне қырық
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Осы баптың бірiншi және екінші бөлiктерінде көзделген, әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған іс-әрекеттер –
жеке тұлғаларға – жеті, лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне
– он, орта кәсіпкерлік субъектілеріне – жиырма, ірі кәсіпкерлік субъектілеріне елу
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
498-бап. Құқықтық статистика және арнайы есепке алу
деректерiн ұсынудан бас тарту, ұсынбау, уақтылы
ұсынбау, жасыру, қосып жазу және басқа да
бұрмалаушылықтар
1. Құқықтық статистика және арнайы есепке алу саласындағы қызметтi жүзеге
асыратын мемлекеттік органға құқықтық статистика мен арнайы есепке алу деректерiн
ұсынудан бас тарту, ұсынбау, оларды белгiленген мерзiмдi бұза отырып ұсыну,
құқықтық статистика және арнайы есепке алу деректерiн жасыру, қосып жазу, басқа да
қасақана бұрмалаушылықтар, сол сияқты құқықтық статистикалық ақпаратты және арнайы
есепке алу мәлiметтерiн алуға қандай да бiр нысанда кедергi келтіру –
лауазымды адамдарға жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Денсаулық сақтау саласында жасалған дәл сол іс-әрекеттер –
лауазымды адамдарға екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
499-бап. Әкімшілік деректерді ұсыну тәртібін бұзу
1. Әкімшілік көздердің лауазымды адамдарының мемлекеттік статистика
саласындағы уәкілетті органға анық емес әкімшілік деректерді ұсынуы –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Әкімшілік көздердің лауазымды адамдарының мемлекеттік статистика
саласындағы уәкілетті органға әкімшілік деректерді ұсынбауы –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Осы баптың бірiншi және екінші бөлiктерінде көзделген, әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған іс-әрекеттер –
он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
500-бап. Мемлекеттік статистикалық байқаулар жүргiзуден
бас тарту
Лауазымды адамдардың өздерiне жүктелген статистикалық байқаулар жүргiзу
жөнiндегi мемлекеттiк мiндеттердi орындаудан бас тартуы немесе оларды уақтылы
орындамауы –
ескерту жасауға немесе он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
501-бап. Лауазымды адамның алғашқы статистикалық
деректерді, статистикалық ақпаратты және
(немесе) дерекқорларды жоғалтуы, сатуы, беруі
немесе өзге де заңсыз жария етуі
«Мемлекеттік статистика туралы» Қазақстан Республикасы Заңының 8-бабында
көзделген жағдайларды қоспағанда, мемлекеттік статистика органдары лауазымды
адамының респондентті бірдейлендіруге мүмкіндік беретін алғашқы статистикалық
деректерді, статистикалық ақпаратты және (немесе) дерекқорларды жоғалтуы, сатуы,
беруі немесе өзге де заңсыз жария етуі, егер бұл әрекеттерде қылмыстық жазаланатын
іс-әрекет белгілері болмаса, –
жиырма бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
502-бап. Алғашқы статистикалық деректерді бекітілмеген
статистикалық нысан бойынша жинау
Алғашқы статистикалық деректерді бекітілмеген статистикалық нысан бойынша
жинау –
лауазымды адамдарға ескерту жасауға немесе он айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
503-бап. Әкімшілік деректерді келісілмеген нысан бойынша
жинау
Әкімшілік деректерді келісілмеген нысан бойынша жинау –
лауазымды адамдарға ескерту жасауға немесе он айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
504-бап. Мемлекеттік құпияларды қорғау саласындағы,
сондай-ақ таратылуы шектеулі қызметтік
ақпаратпен жұмыс істеудегі белгіленген
талаптарды бұзу
1. Мемлекеттiк құпияларға қол жеткізудің немесе жіберудің белгiленген
тәртiбiн бұзу –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Мемлекеттік құпиялармен немесе олардың жеткізгіштерімен жұмыс істеуге
жіберілген адамдардың құпиялылық режимін қамтамасыз ету бойынша белгіленген
талаптарды бұзуы, егер бұл әрекеттерде қылмыстық жазаланатын іс-әрекет белгілері
болмаса, –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Құпияландыруға жатпайтын мәліметтерді және олардың жеткізгіштерін
негізсіз құпияландыру, мемлекеттік құпияларға жатқызылмаған мәліметтерді
құпияландыру үшін құпиялылық белгілерін және өзге де шектеу белгілерін пайдалану,
егер бұл әрекеттерде қылмыстық жазаланатын іс-әрекет белгілері болмаса, –
жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
4. Осы баптың үшiншi бөлiгінде көзделген, заңдылықтың бұзылғандығын жасыру
мақсатында жасалған әрекеттер –
елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
5. Мемлекеттік құпиялар туралы заңнамада көзделген жағдайларды қоспағанда,
мемлекеттік құпияларды құрайтын мәліметтерді және олардың жеткізгіштерін негізсіз
құпиясыздандыру, жеткізгіштерді құпияландыру кезінде оларды құпиясыздандырудың
белгіленген мерзімдерін бұзу, егер бұл әрекеттерде қылмыстық жазаланатын іс-
әрекеттер белгілері болмаса, –
жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
6. Таратылуы шектеулі қызметтік ақпаратпен жұмыс істеу бойынша белгіленген
талаптарды оған кәсіптік немесе қызметтік жұмысына байланысты рұқсат берілген
адамдардың осы мәліметтердің жария етілуіне немесе жоғалуына әкеп соққан бұзуы –
он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
505-бап. Қалалар мен елдi мекендердiң аумақтарын
абаттандыру қағидаларын бұзу, сондай-ақ қалалар
мен елді мекендер инфрақұрылымы объектілерін
бұзу, жасыл екпелерін жою және бүлдіру
1. Қалалар мен елдi мекендердiң аумақтарын абаттандыру қағидаларын бұзу,
сондай-ақ қалалар мен елді мекендер инфрақұрылымы объектілерін бұзу, жасыл
екпелерін жою және бүлдіру –
ескерту жасауға немесе жеке тұлғаларға – жиырма, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – отыз, орта кәсіпкерлік
субъектілеріне – қырық, ірі кәсіпкерлік субъектілеріне бір жүз айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
жеке тұлғаларға – отыз, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – қырық, орта кәсіпкерлік субъектілеріне – елу, ірі кәсіпкерлік
субъектілеріне үш жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
506-бап. Күзетiлетiн объектiлерге заңсыз кіру
Қазақстан Республикасының заңнамасына сәйкес Мемлекеттік күзет қызметі,
Ұлттық қауiпсiздiк комитетiнiң, Iшкi iстер министрлiгiнiң, Қорғаныс министрлiгiнiң
органдары мен бөлiмшелерi күзететiн объектiге заңсыз кіру –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға не он бес тәулікке
дейінгі мерзімге әкімшілік қамаққа алуға әкеп соғады.
507-бап. Ұлттық алдын алу тетігіне қатысушылардың
қызметіне кедергі келтіру
Ұлттық алдын алу тетігіне қатысушылардың құқықтары мен заңды мүдделерінің
елеулі түрде бұзылуына әкеп соққан, олардың заңды қызметіне лауазымды адамның
қызмет бабын пайдалана отырып кедергі келтіруі, сол сияқты лауазымды адамның осы
қызметке өзінің қызмет бабын пайдалана отырып жасалған араласуы –
қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
508-бап. Ұлттық алдын алу тетiгi қатысушыларының алдын ала
болу барысында өздерiне белгiлi болған адамның
жеке өмiрi туралы мәлiметтердi жария етуi
Ұлттық алдын алу тетiгi қатысушыларының алдын ала болу барысында өздерiне
белгiлi болған адамның жеке өмiрi туралы мәлiметтердi осы адамның келiсiмiнсiз
жария етуi, егер бұл әрекетте қылмыстық жазаланатын іс-әрекет белгiлерi болмаса, –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
509-бап. Ұлттық мұрағат қорының құжаттарын жою
1. Ұлттық мұрағат қорының құжаттарын, жеке құрам бойынша құжаттарды уәкілетті
органның не облыстың, республикалық маңызы бар қаланың, астананың жергілікті
атқарушы органының келісімінсіз жою –
лауазымды адамдарға, шағын кәсіпкерлік субъектілеріне немесе коммерциялық
емес ұйымдарға – он, орта кәсіпкерлік субъектілеріне – жиырма, ірі кәсіпкерлік
субъектілеріне қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекеттер –
лауазымды адамдарға, шағын кәсіпкерлік субъектілеріне немесе коммерциялық
емес ұйымдарға – жиырма, орта кәсіпкерлік субъектілеріне – қырық, ірі кәсіпкерлік
субъектілеріне сексен айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
28-тарау. ҚАЗАҚСТАН РЕСПУБЛИКАСЫНЫҢ МЕМЛЕКЕТТIК ШЕКАРА
РЕЖИМIНIҢ БЕЛГIЛЕНГЕН ТӘРТIБIНЕ ЖӘНЕ ҚАЗАҚСТАН РЕСПУБЛИКАСЫНЫҢ
АУМАҒЫНДА БОЛУ ТӘРТIБIНЕ ҚОЛ СҰҒАТЫН ӘКIМШIЛIК ҚҰҚЫҚ
БҰЗУШЫЛЫҚТАР
510-бап. Шекара аймағында шекара режимiн және жекелеген
жерлерде болу тәртiбiн бұзу
1. Мыналардың:
1) жеке басын куәландыратын құжатсыз Қазақстан Республикасы азаматының;
2) жеке басын куәландыратын құжатсыз және ішкі істер органдары беретін
рұқсатсыз шетелдіктің немесе азаматтығы жоқ адамның;
3) Қазақстан Республикасына жеке басын куәландыратын құжатсыз және Қазақстан
Республикасының Ұлттық қауіпсіздік комитетінің Шекара қызметі беретін рұқсатсыз
оңайлатылған өткізу пункттері арқылы кірген шетелдіктің (іргелес мемлекеттердің
шекаралас аудандарының тұрғынының) шекара аймағына кiру (өту), онда уақытша болу
немесе жүрiп-тұру кезінде шекара аймағында шекара режимін бұзуы, сол сияқты
шетелдіктің немесе азаматтығы жоқ адамның Қазақстан Республикасынан шығу мақсатында
өткізу пунктіне халықаралық теміржол және автомобиль жолдары бойынша шекара аймағы
арқылы жүруі кезіндегі маршрутты өзгертуі –
бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Шекара аймағында Қазақстан Республикасы Ұлттық қауіпсіздік комитетінің
Шекара қызметін хабардар етпей, шаруашылық, кәсiпшiлiк және өзге де қызметтер
жүргiзу, қоғамдық-саяси, мәдени және өзге де iс-шаралар өткiзу –
жеке тұлғаларға – бес, шағын кәсiпкерлiк субъектiлерiне – жиырма бес, орта
кәсіпкерлік субъектілеріне – елу, ірі кәсіпкерлік субъектілеріне жетпіс бес айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Шетелдіктердің және азаматтығы жоқ адамдардың келуі үшін Қазақстан
Республикасының уақытша жабық аумағына Қазақстан Республикасы Сыртқы істер
министрлігінің және ішкі істер органдарының рұқсатынсыз шетелдіктің немесе
азаматтығы жоқ адамның кіруі (өтуі), онда уақытша болуы немесе жүріп-тұруы -
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
511-бап. Қазақстан Республикасы Қарулы Күштерінің,
Қазақстан Республикасының басқа да әскерлері мен
әскери құралымдарының арсеналдары, базалары мен
қоймалары жанындағы тыйым салынған аймақ пен
Қазақстан Республикасы Қарулы Күштерінің,
Қазақстан Республикасының басқа да әскерлері мен
әскери құралымдарының арсеналдары, базалары мен
қоймалары жанындағы тыйым салынған аудан
аумағында белгіленген шектеулерді бұзу
1. Жеке тұлғалардың Қазақстан Республикасы Қарулы Күштерінің, Қазақстан
Республикасының басқа да әскерлері мен әскери құралымдарының арсеналдары, базалары
мен қоймалары жанындағы тыйым салынған аймақтың аумағында болуы –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Қазақстан Республикасы Қарулы Күштерінің, Қазақстан Республикасының басқа
да әскерлері мен әскери құралымдарының арсеналдары, базалары мен қоймалары
жанындағы тыйым салынған аймақ аумағында диверсияға қарсы және өртке қарсы
қауіпсіздікті қамтамасыз ету мақсатында жүзеге асырылатын жұмыстарды қоспағанда,
құрылыс салу және қандай да бір жұмыстар жүргізу –
жеке тұлғаларға – он бес, шағын кәсіпкерлік субъектілеріне – жиырма, орта
кәсіпкерлік субъектілеріне – отыз, ірі кәсіпкерлік субъектілеріне алпыс айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Қазақстан Республикасы Қарулы Күштерінің, Қазақстан Республикасының басқа
да әскерлері мен әскери құралымдарының арсеналдары, базалары мен қоймалары
жанындағы тыйым салынған аудан аумағында атыс қаруынан оқ ату, пиротехникалық
құралдарды пайдалану, сондай-ақ атыс тирлерін, стенділер мен атыс орындарын орнату
–
жеке тұлғаларға – он бес, шағын кәсіпкерлік субъектілеріне – жиырма, орта
кәсіпкерлік субъектілеріне – отыз, ірі кәсіпкерлік субъектілеріне алпыс айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
512-бап. Қазақстан Республикасы аумақтық суларының
(теңізінің) және ішкі суларының режимдерін бұзу
1. Қазақстан Республикасының аумақтық суларындағы (теңізіндегі) және iшкi
суларындағы, шекаралық өзендер, көлдер және өзге де су айдындары суларының
қазақстандық бөлiгiндегі режимді Қазақстандық шағын көлемдi өздiгiнен жүзетiн және
өздiгiнен жүзбейтiн (суүсті және суасты) кемелердi (құралдарды) және мұз үстімен
жылжитын кемелердi (құралдарды) есепке алудың, күтiп-ұстаудың, олардың орналасу
пункттерінен шығуының және орналасу пункттеріне қайтып оралуының, суда болуының
белгiленген тәртібін сақтамаудан көрінген бұзу –
жеке тұлғаларға – жиырма, шағын кәсіпкерлік субъектілеріне – отыз, орта
кәсіпкерлік субъектілеріне – елу, ірі кәсіпкерлік субъектілеріне сексен айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Қазақстан Республикасының аумақтық суларында (теңізінде) және iшкi
суларында, шекаралық өзендер, көлдер және өзге де су айдындары суларының
қазақстандық бөлiгiнде Қазақстан Республикасының заңнамасында белгіленген тәртіпті
бұза отырып, уәкiлеттi мемлекеттiк органның рұқсатынсыз кәсiпшiлiк, зерттеу,
iздестiру қызметін немесе өзге де қызметті жүргiзу –
әкімшілік құқық бұзушылық жасаудың тікелей нысаналары болып табылатын көлік
құралдары мен өзге де заттар тәркілене отырып, жеке тұлғаларға – жиырма, шағын
кәсіпкерлік субъектілеріне – отыз, орта кәсіпкерлік субъектілеріне – елу, ірі
кәсіпкерлік субъектілеріне – сексен айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
513-бап. Қазақстан Республикасының Мемлекеттiк шекарасы
арқылы өткiзу пункттерінде режимдi бұзу
1. Қазақстан Республикасы азаматының Қазақстан Республикасының Мемлекеттiк
шекарасы арқылы өткiзу пункттерiндегі режимдi адамдардың көлік құралдарының өткiзу
пункттерiне кірудің, оларда болудың, жүріп-тұрудың және олардан шығудың, жүктер мен
тауарларды әкелудің, орналастырудың, орнын ауыстырудың, әкетудің, шаруашылық және
өзге де қызметті жүзеге асырудың белгіленген тәртібін сақтамаудан көрінетін
бұзушылығы –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Шетелдік немесе азаматтығы жоқ адам жасаған дәл сол әрекеттер –
Қазақстан Республикасының шегінен әкiмшiлiк жолмен шығарып жiбере отырып, бес
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
514-бап. Қазақстан Республикасының Мемлекеттiк шекара
режимiн бұзу
1. Қазақстан Республикасының Мемлекеттiк шекарасы режимін:
1) Қазақстан Республикасының Мемлекеттік шекарасын (Каспий теңізіндегі
Қазақстан Республикасының Мемлекеттік шекарасы учаскесін қоспағанда) күтіп-
ұстаудың;
2) Қазақстан Республикасының Мемлекеттік шекарасын кесіп өтудің;
3) Қазақстан Республикасының Мемлекеттік шекарасы арқылы адамдарды, көлік
құралдарын, жүктер мен тауарларды өткізудің;
4) шекаралық белдеуге кірудің, онда уақытша болудың, тұрудың, жүріп-тұрудың
және шекаралық белдеудің үстімен ұшуды жүзеге асырудың;
5) Мемлекеттік шекарада және шекаралық белдеуде шаруашылық, кәсіпшілік немесе
өзге де қызметті жүргізудің, қоғамдық-саяси, мәдени немесе өзге де іс-шараларды
өткізудің белгіленген тәртібін сақтамаудан көрінген бұзу –
жеке тұлғаларға – он, шағын кәсіпкерлік субъектілеріне – он бес, орта
кәсіпкерлік субъектілеріне – жиырма, ірі кәсіпкерлік субъектілеріне елу айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, шетелдік немесе азаматтығы жоқ
адам жасаған әрекеттер –
әкімшілік құқық бұзушылық жасаудың тiкелей нысаналары болып табылатын көлік
құралдары және өзге де заттар тәркілене отырып, жиырма айлық есептік көрсеткіш
мөлшерінде айыппұл салуға немесе он тәулікке дейінгі мерзімге әкімшілік қамаққа
алуға не Қазақстан Республикасының шегінен әкімшілік жолмен шығарып жіберуге әкеп
соғады.
515-бап. Қазақстан Республикасының Мемлекеттiк шекарасы
арқылы заңсыз алып өту
1. Халықаралық тасымалды жүзеге асыратын көлiк ұйымының немесе өзге де
ұйымның Қазақстан Республикасының Мемлекеттiк шекарасынан бiр немесе бiрнеше тәртiп
бұзушының заңсыз кесіп өтуiне немесе заңсыз кесіп өтуге әрекет жасауына әкеп
соқтырған, көлiк құралына адамдардың заңсыз кiруiн және оны Қазақстан
Республикасының Мемлекеттiк шекарасынан заңсыз кесіп өту үшiн пайдалануын болғызбау
жөнiнде шараларды қолданбауы –
бес жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Халықаралық тасымалды жүзеге асыратын көлiк ұйымы немесе өзге де ұйым
жұмыскерiнiң өзiнiң қызметтiк мiндеттерiне кiретiн, Қазақстан Республикасының
мемлекеттiк шекарасынан заңсыз кесіп өтуге әкеп соқтырған, көлiк құралына
адамдардың заңсыз кiруiн және оны Қазақстан Республикасының Мемлекеттiк шекарасын
заңсыз кесiп өту үшiн пайдалануын болғызбау жөнiнде шаралар қолданбауы, егер
аталған іс-әрекет бiр немесе бiрнеше тәртiп бұзушының қылмыс жасауына немесе
Қазақстан Республикасының Мемлекеттiк шекарасынан заңсыз кесіп өтуге әрекет
жасауына жәрдемдесу болып табылмаса, –
жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Жеке шаруамен Қазақстан Республикасының Мемлекеттiк шекарасынан кесіп
өтетiн адамның, бiр немесе бiрнеше тәртiп бұзушының Қазақстан Республикасының
Мемлекеттiк шекарасынан заңсыз кесіп өтуiне немесе заңсыз кесіп өтуге әрекет
жасауына әкеп соққан, өзi басқаратын көлiк құралын басқа адамның Қазақстан
Республикасының Мемлекеттiк шекарасынан заңсыз кесіп өту үшiн пайдалануын болғызбау
жөнiнде шаралар қолданбауы –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
516-бап. Әскери қызметшінің Қазақстан Республикасының
Мемлекеттік шекарасын күзету жөніндегі
міндеттерін атқаруына байланысты оның заңды
өкіміне немесе талабына бағынбау
1. Әскери қызметші Қазақстан Республикасының Мемлекеттік шекарасын күзету
жөніндегі міндеттерді атқарған кезде оның заңды өкіміне немесе талабына бағынбау –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға не бес тәулікке дейінгі
мерзімге әкімшілік қамаққа алуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, шетелдік не азаматтығы жоқ адам
жасаған әрекеттер –
Қазақстан Республикасының шегінен әкімшілік жолмен шығарып жібере отырып, бес
тәулікке дейінгі мерзімге әкімшілік қамаққа алуға әкеп соғады.
517-бап. Шетелдiктiң немесе азаматтығы жоқ адамның
Қазақстан Республикасының халықтың көші-қоны
саласындағы заңнамасын бұзуы
1. Шетелдiктiң немесе азаматтығы жоқ адамның тіркеу үшін Қазақстан
Республикасының заңнамасында белгіленген күнтізбелік бес күн өткеннен кейін үш
тәулікке дейінгі мерзімде ішкі істер органдарында тіркеуден өтпей Қазақстан
Республикасында болуынан көрінген, Қазақстан Республикасының халықтың көші-қоны
саласындағы заңнамасын бұзуы –
ескерту жасауға әкеп соғады.
2. Шетелдiктiң немесе азаматтығы жоқ адамның осы баптың бірінші бөлігінде
көзделген мерзімдерден астам уақыт ішкі істер органдарында тіркеуден өтпей
Қазақстан Республикасында болуынан не тіркеу кезінде көрсетілген мекенжайда
тұрмауынан, сол сияқты Қазақстан Республикасының аумағы арқылы транзиттік жол жүру
қағидаларын сақтамаудан көрінген, Қазақстан Республикасының халықтың көші-қоны
саласындағы заңнамасын бұзуы –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға не он тәулікке
дейінгі мерзімге әкімшілік қамаққа алуға не Қазақстан Республикасының шегiнен
әкімшілік жолмен шығарып жiберуге әкеп соғады.
3. Шетелдiктiң немесе азаматтығы жоқ адамның визада не тіркеу кезінде көші-
қон карточкасында көрсетілген мерзім өткеннен кейін үш тәулік ішінде Қазақстан
Республикасынан кетпеуінен көрінген, Қазақстан Республикасының халықтың көші-қоны
саласындағы заңнамасын бұзуы –
ескерту жасауға әкеп соғады.
4. Шетелдiктiң немесе азаматтығы жоқ адамның Қазақстан Республикасының
халықтың көші-қоны саласындағы заңнамасын бұзуы не визада не тіркеу кезінде көші-
қон карточкасында көрсетілген мерзім өткеннен кейін үш тәуліктен асатын кезең
ішінде кетуден жалтаруы –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға не он тәулікке
дейінгі мерзімге әкімшілік қамаққа алуға не Қазақстан Республикасының шегiнен
әкімшілік жолмен шығарып жiберуге әкеп соғады.
5. Шетелдiктiң немесе азаматтығы жоқ адамның жүзеге асыратын қызметі визада
және (немесе) тіркеу кезінде көші-қон карточкасында көрсетілген мақсаттарға сәйкес
болмауынан көрінген, Қазақстан Республикасының халықтың көші-қоны саласындағы
заңнамасын бұзуы немесе жұмысқа орналасуға рұқсат алу еңбек қызметін жүзеге асыруға
қажетті шарт болып табылатын жағдайда мұндай рұқсатты алмастан Қазақстан
Республикасында еңбек қызметін жүзеге асыруы –
жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға не он тәулікке
дейінгі мерзімге әкімшілік қамаққа алуға не Қазақстан Республикасының шегiнен
әкімшілік жолмен шығарып жiберуге әкеп соғады.
6. Осы баптың бірінші және үшінші бөліктерінде көзделген, әкімшілік жаза
қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға не Қазақстан
Республикасының шегінен әкімшілік жолмен шығарып жіберуге әкеп соғады.
7. Осы баптың екінші, төртінші және бесінші бөліктерінде көзделген,
әкімшілік жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған іс-әрекеттер –
Қазақстан Республикасының шегінен әкімшілік жолмен шығарып жібере отырып, он
бес тәулікке дейін әкімшілік қамаққа алуға әкеп соғады.
518-бап. Шетелдiктерді және азаматтығы жоқ адамдарды
қабылдайтын жеке немесе заңды тұлғалардың
Қазақстан Республикасының халықтың көші-қоны
саласындағы заңнамасын бұзуы
1. Қабылдаушы тұлғаның шетелдiктерді және азаматтығы жоқ адамдарды уақтылы
тiркеу не олардың Қазақстан Республикасында болуы не болудың белгілі бір мерзiмi
өткеннен кейін олардың Қазақстан Республикасынан кетуі құқығына құжаттарды ресімдеу
жөнінде шаралар қолданбауы –
жеке тұлғаларға – бес, лауазымды адамға, шағын кәсіпкерлік субъектілеріне
немесе коммерциялық емес ұйымдарға – он, орта кәсіпкерлік субъектілеріне – он бес,
ірі кәсіпкерлік субъектілеріне жиырма айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
2. Қазақстан Республикасының халықтың көші-қоны саласындағы заңнамасын бұза
отырып, Қазақстан Республикасына келген шетелдiкке немесе азаматтығы жоқ адамға
тұрғынжай беру не белгіленген мерзімдерде Қазақстан Республикасынан кетуден жалтару
не тіркеу кезінде көрсетілген мекенжайға нақты тұратын жерінің сәйкес келмеуі –
жеке тұлғаларға – он, лауазымды адамға, шағын кәсіпкерлік субъектілеріне
немесе коммерциялық емес ұйымдарға – жиырма, орта кәсіпкерлік субъектілеріне –
отыз, ірі кәсіпкерлік субъектілеріне қырық айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
3. Осы баптың бірінші және екінші бөліктерінде көзделген, әкімшілік жаза
қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
жеке тұлғаларға – он бес, лауазымды адамға, шағын кәсіпкерлік субъектілеріне
немесе коммерциялық емес ұйымдарға – жиырма бес, орта кәсіпкерлік субъектілеріне –
отыз бес, ірі кәсіпкерлік субъектілеріне қырық бес айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
4. Қазақстан Республикасының халықтың көші-қоны саласындағы заңнамасын бұза
отырып, Қазақстан Республикасына келген шетелдiкпен немесе азаматтығы жоқ адаммен
визада не тіркеу кезінде көші-қон карточкасында көрсетілген мақсаттарда жүзеге
асырылатын қызметке сәйкес келмейтін мәмілелер жасасу –
жеке тұлғаларға – он, лауазымды адамға, шағын кәсіпкерлік субъектілеріне
немесе коммерциялық емес ұйымдарға – жиырма, орта кәсіпкерлік субъектілеріне –
отыз, ірі кәсіпкерлік субъектілеріне елу айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
5. Осы баптың төртінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
жеке тұлғаларға – он бес, лауазымды адамға, шағын кәсіпкерлік субъектілеріне
немесе коммерциялық емес ұйымдарға – жиырма бес, орта кәсіпкерлік субъектілеріне –
отыз бес, ірі кәсіпкерлік субъектілеріне қырық бес айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
Ескерту. 518-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
519-бап. Шетелдiк жұмыс күшiн және еңбекшi көшiп
келушілерді Қазақстан Республикасының заңнамасын
бұза отырып тарту
Ескерту. Тақырып жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
1. Жұмыс берушiнiң шетелдiк жұмыс күшiн жергiлiктi атқарушы
органның рұқсатынсыз тартуы немесе жұмысқа орналасуға рұқсаты жоқ шетелдiктердің
және азаматтығы жоқ адамдардың еңбегiн пайдалану –
жеке тұлғаларға – отыз, лауазымды адамдарға – елу, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – бір жүз, орта кәсіпкерлік
субъектілеріне – екі жүз, iрi кәсiпкерлiк субъектiлерiне бiр мың айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Жұмыс берушiнiң шетелдiк жұмыскердi жергiлiктi атқарушы органның шетелдiк
жұмыс күшiн тартуға рұқсатында көрсетiлген лауазымға (кәсiпке немесе мамандыққа)
сәйкес келмейтiн лауазымға (кәсiпке немесе мамандыққа) тартуы –
жеке тұлғаларға – отыз, лауазымды адамдарға – елу, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – бір жүз, орта кәсіпкерлік
субъектілеріне – екі жүз, iрi кәсiпкерлiк субъектiлерiне бiр мың айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Осы баптың бiрiншi және екiншi бөлiктерiнде көзделген, әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
жеке тұлғаларға – елу, лауазымды адамдарға – бiр жүз, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – екі жүз, орта кәсіпкерлік
субъектілеріне – үш жүз, iрi кәсiпкерлiк субъектiлерiне бiр мың айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Алып тасталды - ҚР 29.12.2014 № 272-V (01.01.2015 бастап қолданысқа
енгізіледі) Заңымен.
5. Жұмыс берушi жеке тұлғаның үй шаруашылығында жұмыстар орындауға (қызметтер
көрсетуге) еңбекшi көшiп келушiлердi iшкi iстер органдары беретiн тиiстi рұқсатсыз
тартуы немесе бiр жұмыс берушi жеке тұлғаның бiр мезгiлде бестен көп еңбекшi көшiп
келушiмен үй шаруашылығында жұмыстар орындау (қызметтер көрсету) бойынша еңбек
шарттарын жасасуы –
отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
6. Осы баптың бесiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
Ескерту. 519-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
520-бап. Қазақстан Республикасының азаматтарын шетелде
жұмысқа орналастыру жөнiндегi заңсыз қызмет
Қазақстан Республикасының азаматтарын шетелде жұмысқа орналастыру жөнiндегi
қызметтi жөнсiз жарнаманы пайдаланып не толық емес немесе анық емес ақпарат берiп
жүзеге асыру –
жеке тұлғаларға – жиырма, шағын кәсiпкерлiк субъектiлерiне – алпыс, орта
кәсiпкерлiк субъектiлерiне – бір жүз, iрi кәсiпкерлiк субъектiлерiне бес жүз айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
29-тарау. КЕДЕН ІСІ САЛАСЫНДАҒЫ ӘКІМШІЛІК ҚҰҚЫҚ БҰЗУШЫЛЫҚТАР
521-бап. Кедендік бақылау аймағының режимiн бұзу
Кедендік бақылау аймағының шекарасы арқылы және оның шегiнде тауарлардың,
көлiк құралдарының және мемлекеттiк органдардың (мемлекеттік кіріс органынан басқа)
лауазымды адамдарын қоса алғанда, адамдардың өткізілуі, сондай-ақ осы аймақта
мемлекеттік кіріс органының рұқсатынсыз өндірістік және өзге де коммерциялық
қызметті жүзеге асыру –
жеке тұлғаларға, лауазымды адамдарға – он, шағын кәсiпкерлiк субъектiлерiне
немесе коммерциялық емес ұйымдарға – он бес, орта кәсiпкерлік субъектілеріне –
жиырма, ірі кәсiпкерлiк субъектiлерiне жиырма бес айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
522-бап. Кеден ісі саласындағы қызметті жүзеге асыру
тәртібін бұзу
Кеден өкілінің, уақытша сақтау орны немесе қоймасы, еркін қойма немесе кеден
қоймасы, бажсыз сауда дүкені иелерінің осындай қызметті «Қазақстан
Республикасындағы кеден ісі туралы» Қазақстан Республикасының Кодексіне сәйкес
жүзеге асыру шарттары мен міндеттерін сақтамауы не уақытша сақтау орнын немесе
қоймасын, кеден қоймасын немесе еркін қойманы, бажсыз сауда дүкенін құруға арналған
үй-жайлардың немесе аумақтардың Кеден одағының және (немесе) Қазақстан
Республикасының кеден заңнамасында белгіленген талаптарға сәйкес келмеуі –
бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
523-бап. Кедендік тасымалдаушының қызметті жүзеге асыру
тәртібін бұзуы
Кедендік тасымалдаушының осындай қызметті жүзеге асыру үшін Кеден одағының
және (немесе) Қазақстан Республикасының кеден заңнамасында көзделген шарттар мен
міндеттерді сақтамауы, оның ішінде көлік құралында мемлекеттік кіріс органының осы
көлік құралы тұрған жерді анықтауына мүмкіндік беретін техникалық жабдықтың болмауы
не оның жарамсыз болуы –
бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
524-бап. Мемлекеттік кіріс органын тауарлар мен көлік
құралдарының келгені туралы хабардар етпеу
Тауарлар мен көлік құралдарын Кеден одағының кедендік аумағына әкелген кезде
мемлекеттік кіріс органына Кеден одағының және (немесе) Қазақстан
Республикасының кеден заңнамасына сәйкес құжаттарды ұсынбау арқылы олардың келгені
туралы хабарламау –
жеке тұлғаларға – бес, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – он, орта кәсiпкерлік субъектілеріне – он бес, ірі кәсiпкерлiк
субъектiлерiне жиырма бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
525-бап. Тауарлар мен көлік құралдарының кету тәртібін
бұзу
Қазақстан Республикасы мемлекеттік кіріс органының рұқсатынсыз Кеден одағының
кедендік аумағынан тауарлардың және (немесе) көлік құралдарының кету тәртібін бұзу,
сондай-ақ кету үшін құжаттарды Кеден одағының және (немесе) Қазақстан
Республикасының кеден заңнамасына сәйкес ұсынбау –
ескерту жасауға немесе жеке тұлғаларға – бес, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – он, орта кәсiпкерлік
субъектілеріне – он бес, ірі кәсiпкерлiк субъектiлерiне жиырма бес айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
526-бап. Авария немесе еңсерілмейтін күштің әсері
жағдайында шаралар қолданбау
Авария немесе еңсерілмейтін күштiң әсерi немесе өзге де мән-жайлар жағдайында
тауарлар мен көлiк құралдарының сақталуын қамтамасыз ету үшiн шаралар қолданбау,
жақын маңдағы мемлекеттік кіріс органына осы мән-жайлар туралы осындай тауарлар мен
көлiк құралдарының тұрған орны туралы хабарламау не оларды жақын маңдағы
мемлекеттік кіріс органына немесе мемлекеттік кіріс органы айқындаған өзге орынға
тасымалдауды қамтамасыз етпеу –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – он бес, орта кәсiпкерлік субъектілеріне – жиырма, ірі кәсiпкерлiк
субъектiлерiне жиырма бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
527-бап. Тауарлар мен көлiк құралдарын жеткiзу орнына
бермеу
Тауарлар мен көлiк құралдарын жеткiзу орнына бермеу және олардың құжаттарын
Қазақстан Республикасының мемлекеттік кіріс органына тапсырмау –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – он бес, орта кәсiпкерлік субъектілеріне – жиырма, ірі кәсiпкерлiк
субъектiлерiне жиырма бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
528-бап. Тауарларды, көлiк құралдарын және олардың
құжаттарын Қазақстан Республикасы мемлекеттік
кіріс органының рұқсатынсыз беру, жоғалту немесе
Қазақстан Республикасының мемлекеттік кіріс
органына жеткiзбеу
1. Кедендiк бақылауда тұрған тауарлар мен көлiк құралдарын Қазақстан
Республикасы мемлекеттік кіріс органының рұқсатынсыз беру, жоғалту немесе
мемлекеттік кіріс органы айқындаған жеткізу орнына жеткізбеу –
әкімшілік құқық бұзушылық жасаудың тікелей нысаналары болып табылатын
тауарлар мен көлік құралдары тәркілене отырып, қырық айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
2. Кедендiк бақылауда тұрған тауарлар мен көлiк құралдарының мемлекеттік
кіріс органына тапсыру үшін қабылданған кедендiк немесе өзге де құжаттарын
жеткiзбеу –
жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Тауарларды, көлiк құралдарын және олардың құжаттарын жеткiзудiң
мемлекеттік кіріс органы белгiлеген мерзімін сақтамау –
жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
529-бап. Көлiк құралын тоқтатпау
Көлік құралын тоқтатпау оның техникалық ақаулығынан немесе еңсерiлмейтiн
күштiң әсерiнен болған жағдайларды қоспағанда, Кеден одағының кедендiк шекарасы
арқылы өтетiн көлiк құралын, сондай-ақ Кеден одағының кедендiк шекарасы арқылы
тауар ретiнде өткiзiлетiн көлiк құралын Қазақстан Республикасының мемлекеттік кіріс
органы айқындайтын орындарда тоқтатпау –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
530-бап. Көлiк құралын Қазақстан Республикасы мемлекеттік
кіріс органының рұқсатынсыз жөнелту
Кедендiк бақылауда тұрған көлiк құралын не Кеден одағының кедендiк шекарасы
арқылы тауар ретiнде өткiзiлетiн көлiк құралын оның тұрған орнынан Қазақстан
Республикасы мемлекеттік кіріс органының рұқсатынсыз жөнелту –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
531-бап. Тауарларды кедендiк рәсiммен орналастыруға
байланысты кедендiк операцияларды жасаудың және
тауарларды кедендiк тазартудың тәртiбiн бұзу
Осы тараудың басқа баптарында көзделген жағдайларды қоспағанда, тауарларды
кедендiк рәсiммен орналастыруға байланысты кедендiк операцияларды жасаудың және
тауарларды кедендiк тазартудың тәртiбiн бұзу, яғни Кеден одағының және (немесе)
Қазақстан Республикасының кеден заңнамасында белгiленген тауарларды кедендiк
рәсiммен орналастыру, кедендік операцияларды жасау орны мен уақыты жөнiндегi
талаптарды, сондай-ақ тауарлардың жекелеген санаттарын кедендiк рәсiммен
орналастырудың бiрiншi кезектегi тәртiбiн қолдану шарттарын сақтамау –
жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
532-бап. Өздеріне қатысты кедендiк тазарту аяқталмаған
тауарлармен құқыққа сыйымсыз операциялар
жүргiзу, олардың жай-күйiн өзгерту, оларды
пайдалану және (немесе) оларға билiк ету
1. Осы тараудың басқа баптарында көзделген жағдайларды қоспағанда, өздеріне
қатысты кедендiк тазарту аяқталмаған тауарлармен Кеден одағының және (немесе)
Қазақстан Республикасының кеден заңнамасында белгiленген талаптар мен шарттарды
бұзып операциялар жүргiзу, олардың жай-күйiн өзгерту, оларды пайдалану және
(немесе) оларға билiк ету –
әкiмшiлiк құқық бұзушылық жасаудың тiкелей нысаналары болып табылатын көлiк
құралдары тәркiлене отырып немесе онсыз жиырма бес айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
әкiмшiлiк құқық бұзушылық жасаудың тiкелей нысаналары болып табылатын
тауарлар мен көлiк құралдары тәркiлене отырып не онсыз, қырық айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
533-бап. Кедендік бақылауда тұрған тауарлармен жүк
операцияларын және өзге де операцияларды
мемлекеттік кіріс органының рұқсатынсыз жүргізу
Мемлекеттік кіріс органының рұқсатынсыз не оны хабардар етпей, кедендік
бақылауда тұрған тауарлар мен көлiк құралдарын тасымалдау, тиеу, түсiру, қайта
тиеу, қаптамаларының бүлінген жерін жөндеу, қаптау, қайта қаптау немесе тасымалдау
үшін қабылдау, мұндай тауарлардың сынамалары мен үлгiлерiн алу, көрсетілген
тауарлар мен көлiк құралдары болуы мүмкiн үй-жайларды, ыдыстарды және басқа да
орындарды ашу не кедендік бақылауда тұрған тауарларды тасымалдайтын халықаралық
тасымалдың көлік құралын ауыстыру –
жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
534-бап. Сәйкестендіру құралдарын жою, алып тастау,
өзгерту не ауыстыру
1. Мемлекеттік кіріс органдары, оның ішінде шет мемлекеттердің мемлекеттік
кіріс органдары пайдаланатын сәйкестендіру құралдарын мемлекеттік кіріс органының
рұқсатынсыз жою, алып тастау, өзгерту не ауыстыру немесе мұндай сәйкестендіру
құралдарын зақымдау не жоғалту –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекеттер –
қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
535-бап. Тауарларды кедендік декларациялау тәртiбiн бұзу
Осы тараудың басқа баптарында көзделген жағдайларды қоспағанда, декларанттың
және (немесе) кеден өкілінің тауарларды кедендік декларациялау тәртiбiн бұзуы, яғни
Кеден одағының және (немесе) Қазақстан Республикасының
кеден заңнамасында белгiленген, тауарларды алдын ала, толық емес, мерзiмдiк және
уақытша кедендік декларациялауды қоса алғанда, тауарларды кедендік декларациялау
орны бойынша, кедендік декларацияны толтыру және кедендік декларациялау тәртібі
жөніндегі талаптарды сақтамауы –
жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпе. Тұлға мынадай жағдайларда:
1) тауарлар шығарылғанға дейін мемлекеттік кіріс органы лауазымды адамының
тауарларды дұрыс сыныптамауы фактісі анықталған жағдайда, тауарлар шығарылғаннан
кейін оларды сыныптау жөніндегі шешімдерді қайта қарау кезінде тауарлардың коды
өзгертілген;
2) камералдық кедендік тексеру нәтижелері бойынша бұзушылықтарды жою туралы
хабарлама тексерілетін тұлғаға тапсырылған күннен кейінгі күннен бастап он жұмыс
күні ішінде камералдық кедендік тексеру нәтижелері бойынша анықталған
бұзушылықтарды өз бетінше жойған;
3) тауарлар шығарылғаннан кейін бұзушылықтарды өз бетінше анықтаған және
көшпелі кедендік тексерудің жүргізілуі басталғанға дейін бір жыл ішінде өз еркімен
жойған кезде осы бапта көзделген әкiмшiлiк жауаптылыққа тартылуға жатпайды.
Ескерту. 535-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 269-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
536-бап. Кеден өкiлiнiң кеден iсi саласындағы қызметтi
жүзеге асыру тәртiбiн бұзуы
1. Кеден өкiлiнiң үшiншi тұлғамен азаматтық-құқықтық шарт жасаспай не
шарттың қолданылу мерзiмi өткен соң немесе оны бұзғаннан кейiн үшiншi тұлғаның
мүддесi үшiн кеден iсi саласындағы қызметтi жүзеге асыруы –
отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, кеден өкiлiнің бiр жыл iшiнде
қайталап жасаған әрекеті –
елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
537-бап. Уәкiлеттi экономикалық оператордың кеден iсi
саласындағы қызметтi жүзеге асыру тәртiбiн бұзуы
Уәкiлеттi экономикалық оператордың осындай қызметтi жүзеге асыру үшiн Кеден
одағының және (немесе) Қазақстан Республикасының кеден заңнамасында көзделген
талаптарды сақтамауы –
бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
538-бап. Кеден декларациясын, құжаттар мен мәлiметтердi
беру мерзiмдерiн бұзу
1. Осы тараудың басқа баптарында көзделген жағдайларды қоспағанда,
тауарларды кедендiк декларациялау кезiнде кедендiк декларацияны, құжаттар мен
мәлiметтердi мемлекеттік кіріс органына белгiленген мерзiмдерде ұсынбау –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
539-бап. Қазақстан Республикасының мемлекеттік кіріс
органына есептiлiктi ұсынбау не анық емес
есептілікті ұсыну және есеп жүргiзу тәртiбiн
сақтамау
Кедендiк тасымалдаушының, кеден өкiлiнiң, уақытша сақтау орны немесе қоймасы,
кеден қоймасы немесе еркiн қойма, бажсыз сауда дүкенi иелерiнiң, уәкілетті
экономикалық операторлардың, декларанттардың кедендiк бақылаудағы не еркiн кедендік
аймақтар аумағындағы әкелiнетiн, әкетiлетiн, декларацияланатын, келiп түсетiн,
сақталатын, қайта өңделетiн, дайындалатын, сатып алынатын және өткiзiлетiн тауарлар
туралы есептiлiктi мемлекеттік кіріс органына Кеден одағының және (немесе)
Қазақстан Республикасының кеден заңнамасында айқындалған тәртiппен және мерзiмдерде
ұсынбауы не анық емес есептілікті ұсынуы, сол сияқты мұндай тауарларға есеп жүргiзу
тәртiбiн сақтамауы –
жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
540-бап. Тауарларды сақтауға орналастыру тәртiбiн, оларды
сақтау және олармен операциялар жүргiзу тәртiбiн
бұзу
Кеден одағының және (немесе) Қазақстан Республикасының кеден заңнамасында
белгiленген, тауарларды сақтауға орналастыру тәртібін және оларды сақтау тәртібін,
кеден қоймасында сақтау мерзімдерін, тауарларды бір қоймадан екіншісіне жылжыту
тәртібін бұзу, сол сияқты кеден қоймаларындағы, уақытша сақтау қоймаларындағы және
еркін қоймалардағы тауарлармен операциялар жүргізу –
жиырма бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
541-бап. Тауарларды уақытша сақтау мерзiмдерiн бұзу
Кеден одағының және (немесе) Қазақстан Республикасының кеден заңнамасында
белгiленген, тауарларды уақытша сақтау мерзiмдерiн бұзу -
тауарлар тәркілене отырып немесе онсыз, елу айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
542-бап. Тауарларды қайта өңдеу және қайта өңдеу
өнiмдерiн ауыстыру тәртiбiн бұзу
1. Тауарларды қайта өңдеу тәртiбiн бұзу, яғни кеден заңнамасында
белгiленген талаптарды, шектеулердi және тауарларды қайта өңдеу жағдайлары туралы
мiндеттеме беру шарттарын, оларды қайта өңдеу тәртiбi мен мерзiмдерiн, қайта өңдеу
өнiмдерiнiң шығу мөлшерiн сақтамау, мұндай тауарларды қайта өңдеу бойынша
операциялар жүргiзу –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Отандық тауарлардың қайта өңдеу өнiмдерiн басқа тауарлармен ауыстырудың
белгiленген тәртiбiн бұзу -
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
543-бап. Кедендік рәсімді белгіленген мерзімдерде аяқтамау
1. Өзіне қатысты аяқтау туралы талап белгіленген кедендік рәсімді
белгіленген мерзімдерде аяқтамау –
әкiмшiлiк құқық бұзушылық жасаудың тiкелей нысаналары болып табылатын көлiк
құралдары тәркiлене отырып, жеке тұлғаларға – он бес, шағын кәсiпкерлiк
субъектiлерiне – жиырма, орта кәсiпкерлiк субъектiлерiне – отыз, ірі кәсiпкерлiк
субъектiлерiне елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Жеке тұлғалардың Кеден одағының кедендік аумағынан уақытша әкелінген
тауарларды және (немесе) көлiк құралдарын уақытша әкелудің белгіленген
мерзімдерінде әкетпеуі –
он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Қазақстан Республикасының мемлекеттік кіріс органына тауарлар мен көлiк
құралдарының кері әкетілуін немесе әкелінуін не аварияның немесе еңсерілмейтін
күштiң әсерi, табиғи тозу немесе азаю не шет мемлекет органдары мен лауазымды
адамдарының құқыққа сыйымсыз әрекеттерiне байланысты олардың иелiктен шығарылуы
салдарынан тауарлар мен көлiк құралдарының жойылуы немесе ысырап болуы себебiнен
оның мүмкiн еместігін растау ретiнде жарамсыз құжаттарды, заңсыз жолмен алынған
құжаттарды не басқа тауарлар мен көлiк құралдарына қатысты құжаттарды ұсыну –
әкімшілік құқық бұзушылық жасаудың тікелей нысаналары болып табылатын көлік
құралдары тәркілене отырып, жеке тұлғаларға – он бес, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – жиырма, орта кәсiпкерлiк
субъектiлерiне – отыз, ірі кәсiпкерлiк субъектiлерiне елу айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
544-бап. Белгiлi бiр кедендiк рәсіммен орналастырылған
тауарлармен және көлiк құралдарымен құқыққа
сыйымсыз операциялар жүргізу, олардың жай-күйiн
өзгерту, оларды пайдалану және (немесе) оларға
билiк ету
Тауарлармен және көлiк құралдарымен олардың кедендiк рәсіміне сай келмейтiн
операциялар жүргізу, олардың жай-күйiн өзгерту, оларды пайдалану және (немесе)
оларға билiк ету, сол сияқты, егер бұған кедендік рәсімге сәйкес жол берілсе,
тауарларға қатысты иелену, пайдалану және билік ету құқықтарын беру арқылы кедендік
рәсімді пайдалану құқығын, егер мұндай шешім міндетті болса, мемлекеттік кіріс
органының рұқсатынсыз басқа тұлғаға беру –
әкімшілік құқық бұзушылық жасаудың тікелей нысаналары болып табылатын көлік
құралдары тәркілене отырып, кеден ісі саласындағы қызметті жүзеге асыратын
тұлғалардың тиісті тізілімінен алып тастай отырып, жиырма айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
545-бап. Тауарлар мен көлiк құралдарын Кеден одағының
кедендік шекарасы арқылы өткiзген кезде тыйым
салулар мен шектеулерді қолдану тәртiбiн
сақтамау
Тауарлар мен көлiк құралдарын Кеден одағының кедендік шекарасы арқылы Кеден
одағының және (немесе) Қазақстан Республикасының кеден заңнамасында белгiленген
тыйым салулар мен шектеулерді сақтамай өткiзу –
әкімшілік құқық бұзушылық жасаудың тікелей нысаналары болып табылатын
тауарлар мен көлік құралдары тәркілене отырып немесе онсыз, жеке тұлғаларға – он
бес, шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – жиырма,
орта кәсіпкерлік субъектілеріне – отыз, ірі кәсіпкерлік субъектілеріне елу айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
546-бап. Жеке тұлғалардың Кеден одағының және (немесе)
Қазақстан Республикасының кеден заңнамасында
белгіленген, жеке пайдалануға арналған
тауарларды өткiзу тәртібін бұзып, тауарлар мен
көлік құралдарын Кеден одағының кедендік
шекарасы арқылы өткізуі
Осы Кодекстің 547-бабында көзделген жағдайларды қоспағанда, жеке тұлғалардың
кедендік декларациялауға жататын жеке пайдалануға арналған тауарларды және (немесе)
көлік құралдарын белгіленген нысанда декларацияламауы –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
547-бап. Халықаралық пошта жөнелтілімдерінде тауарларды
өткізу тәртібін бұзу
Кеден одағының және (немесе) Қазақстан Республикасының кеден заңнамасында
белгіленген халықаралық пошта жөнелтілімдерінде тауарларды өткізу тәртібін бұзу –
жеке тұлғаларға – он, шағын кәсіпкерлік субъектілеріне – жиырма, орта
кәсіпкерлік субъектілеріне – отыз, ірі кәсіпкерлік субъектілеріне елу айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
548-бап. Тауарлар мен көлiк құралдарын Кеден одағының
кедендік шекарасы арқылы кедендік бақылауға
соқпай өткiзу
1. Тауарлар мен көлiк құралдарын Кеден одағының кедендік шекарасы арқылы
кедендік бақылауға соқпай өткiзу, яғни тауарларды Кеден одағының кедендік шекарасы
арқылы өткізудің Қазақстан Республикасының мемлекеттік кіріс органдары айқындаған
орындардан тыс жерде немесе көрсетілген орындарда Қазақстан Республикасының
мемлекеттік кіріс органдарының жұмыс уақытынан тыс кезде өткiзу, қылмыс белгілері
болмаған кезде –
жеке тұлғаларға – жиырма, шағын кәсіпкерлік субъектілеріне – қырық, орта
кәсіпкерлік субъектілеріне – бір жүз, ірі кәсіпкерлік субъектілеріне екі жүз айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
әкімшілік құқық бұзушылық жасаудың тікелей нысаналары болып табылатын
тауарлар мен көлік құралдары тәркілене отырып немесе онсыз, жеке тұлғаларға –
жиырма бес, шағын кәсіпкерлік субъектілеріне – елу, орта кәсіпкерлік субъектілеріне
– екі жүз, ірі кәсіпкерлік субъектілеріне үш жүз айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
549-бап. Кеден одағының кедендік шекарасы арқылы
өткiзiлетiн тауарларды кедендiк бақылаудан
жасыру
Кеден одағының кедендік шекарасы арқылы өткiзiлетiн не өткізілген тауарларды
кедендiк бақылаудан жасыру, оның iшiнде тауарларды табуды қиындататын құпия
орындарды не басқа да тәсiлдердi пайдалану немесе бiр тауарларға басқалардың түрiн
беру арқылы жасыру –
құқық бұзушылықтың тікелей объектілері болып табылатын тауарлар тәркiлене
отырып немесе онсыз, сондай-ақ әкімшілік құқық бұзушылық жасаудың тiкелей
нысаналары болып табылатын тауарлар мен заттарды Кеден одағының кедендік шекарасы
арқылы жасырып өткiзу үшiн пайдаланылған арнайы әзiрленген құпия орындары бар
тауарлар мен көлiк құралдары тәркiлене отырып, жиырма бес айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
550-бап. Тауарлар мен көлiк құралдарын Кеден одағының
кедендік шекарасы арқылы құжаттарды немесе
сәйкестендіру құралдарын алдап пайдалана отырып
өткiзу
Осы Кодекстің 555-бабында көзделген жағдайларды қоспағанда, мемлекеттік кіріс
органына кедендiк мақсаттар үшiн қажеттi құжаттар ретiнде жарамсыз құжаттарды, оның
ішінде тыйым салу мен шектеулерді сақтамауға негіз болатын құжаттарды, заңсыз
жолмен алынған құжаттарды, анық емес мәлiметтердi қамтитын құжаттарды не басқа
тауарлар мен көлiк құралдарына қатысты құжаттарды ұсына отырып, тауарлар мен көлiк
құралдарын Кеден одағының кедендік шекарасы арқылы өткiзу, сондай-ақ тауарларды
кеден транзитінің кедендік рәсімімен немесе уақытша сақтау қоймасына орналастыру,
сондай-ақ жасанды сәйкестендіру құралдарын не басқа тауарлар мен көлік құралдарына
қатысты төлнұсқа сәйкестендіру құралдарын пайдалану –
әкімшілік құқық бұзушылық жасаудың тікелей нысаналары болып табылатын
тауарлар мен көлiк құралдары тәркiлене отырып, жиырма айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
551-бап. Тауарларды, қолма-қол ақшаны, жол жүру чектерін
не құжаттандырылған бағалы қағаздарды
декларацияламау немесе анық емес кедендік
декларациялау
1. Осы тараудың басқа баптарында көзделген жағдайларды қоспағанда, Кеден
одағының кедендік шекарасы арқылы өткiзiлетiн не өткізілген тауарларды
декларацияламау немесе анық емес кедендік декларациялау, яғни декларанттың, кеден
өкілінің, уәкілетті экономикалық оператордың кеден декларациясында және кеден
мақсаттары үшін қажетті өзге де құжаттарда тауарлар туралы, таңдап алынған кедендiк
рәсім, тауарлардың кедендік құны не шыққан елі туралы белгiленген нысанда
мәлiмдемеуі не анық емес мәліметтерді мәлiмдеуі немесе кедендік төлемдерді,
салықтарды, арнайы, демпингке қарсы, өтемақы баждарын төлеуден босатуға немесе
олардың мөлшерін төмендетуге негіз беретін өзге де анық емес мәліметтерді мәлімдеуі
–
жеке тұлғаға – отыз, шағын кәсіпкерлік субъектілеріне немесе коммерциялық
емес ұйымдарға – елу, орта кәсіпкерлік субъектілеріне – сексен, ірі кәсіпкерлік
субъектілеріне бір жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған іс-әрекеттер –
әкімшілік құқық бұзушылық жасаудың тікелей нысаналары болып табылатын
тауарлар мен көлiк құралдары тәркiлене отырып, жеке тұлғаларға – алпыс, шағын
кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – бір жүз, орта
кәсіпкерлік субъектілеріне – бір жүз алпыс, ірі кәсіпкерлік субъектілеріне үш жүз
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Жеке тұлғалардың Кеден одағының кедендік шекарасы арқылы өткiзiлетiн және
жазбаша декларациялауға жататын қолма-қол шетел валютасын, Қазақстан
Республикасының қолма-қол валютасын, жол жүру чектерін не құжаттандырылған бағалы
қағаздарды декларацияламауы немесе анық емес декларациялауы –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
Ескертпе. Тұлға мынадай жағдайларда:
1) тауарлар шығарылғанға дейін мемлекеттік кіріс органы лауазымды адамының
тауарларды дұрыс сыныптамауы фактісі анықталған жағдайда, тауарлар шығарылғаннан
кейін оларды сыныптау жөніндегі шешімдерді қайта қарау кезінде тауарлардың коды
өзгертілген;
2) камералдық кедендік тексеру нәтижелері бойынша бұзушылықтарды жою туралы
хабарлама тексерілетін тұлғаға тапсырылған күннен кейінгі күннен бастап он жұмыс
күні ішінде камералдық кедендік тексеру нәтижелері бойынша анықталған
бұзушылықтарды өз бетінше жойған;
3) тауарлар шығарылғаннан кейін бұзушылықтарды өз бетінше анықтаған және
көшпелі кедендік тексерудің жүргізілуі басталғанға дейін бір жыл ішінде өз еркімен
жойған кезде осы бапта көзделген әкiмшiлiк жауаптылыққа тартылуға жатпайды.
Ескерту. 551-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 269-V (01.01.2015
бастап қолданысқа енгізіледі); 08.06.2015 № 317-V (алғашқы ресми жарияланған
күнінен кейін күнтізбелік отыз күн өткен соң қолданысқа енгізіледі) Заңдарымен
552-бап. Кеден одағының кедендік аумағына кеден
қағидаларын бұза отырып әкелiнген тауарлар мен
көлiк құралдарын тасымалдау, сақтау, сатып алу,
пайдалану немесе оларға билiк ету
1. Кеден одағының кедендік аумағына кедендік бақылауға соқпай не осындай
бақылаудан жасырып, не құжаттарды немесе сәйкестендiру құралдарын алдап пайдалана
отырып әкелiнген не декларацияланбаған немесе анық емес декларацияланған тауарлар
мен көлiк құралдарын тасымалдау, сақтау, сатып алу, пайдалану немесе оларға билiк
ету, сол сияқты өздеріне қатысты кедендік төлемдер және салықтар бөлігінде кедендік
жеңiлдiктер берiлген, оларға байланысты осындай жеңiлдiктер берiлгеннен өзге
мақсаттарда Қазақстан Республикасы мемлекеттік кіріс органының рұқсатынсыз
пайдаланылатын не иелiктен шығарылатын тауарлар мен көлiк құралдарын тасымалдау,
сақтау және сатып алу –
жеке тұлғаларға – он, шағын кәсіпкерлік субъектілеріне немесе коммерциялық
емес ұйымдарға – жиырма, орта кәсіпкерлік субъектілеріне – жиырма бес, ірі
кәсіпкерлік субъектілеріне отыз бес айлық есептік көрсеткіш мөлшерінде айыппұл
салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер -
әкімшілік құқық бұзушылық жасаудың тікелей нысаналары болып табылатын
тауарлар мен көлiк құралдары тәркiлене отырып немесе онсыз, елу айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
553-бап. Пайдаланылуы және (немесе) билiк етілуі шектелген
тауарларды, сондай-ақ шартты түрде шығарылған
тауарлар мен көлiк құралдарын пайдалану және
(немесе) оларға билiк ету тәртiбiн бұзу
Пайдаланылуы және (немесе) билiк етілуі шектелген тауарларды, сондай-ақ
шартты түрде шығарылған тауарлар мен көлiк құралдарын Қазақстан Республикасының
кеден заңнамасында көзделгеннен, оның ішінде оларға байланысты осындай жеңiлдiктер
берілгеннен өзге мақсаттарда пайдалану және (немесе) оларға билiк ету –
шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – екі
жүз, орта кәсіпкерлік субъектілеріне – төрт жүз, ірі кәсіпкерлік субъектілеріне бір
мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
554-бап. Төленген кедендiк төлемдерді және салықтарды
тиiстi негiздерсiз қайтаруға, төлемдер мен өзге
де өтемдер алуға не оларды қайтармауға
бағытталған әрекеттер
Қазақстан Республикасының мемлекеттік кіріс органына төленген кедендiк
төлемдердi тиісті негіздерсіз қайтаруға, төлемдер және өзге де өтемдер алуға немесе
оларды қайтармауға не толық емес көлемде қайтаруға құқық беретiн анық емес
мәлiметтердi қамтитын құжаттарды ұсыну, егер осы әрекеттерде қылмыстық жазаланатын
іс-әрекет белгiлерi болмаса –
заңды тұлғаларға айлық есептiк көрсеткiштің екі жүз елуге дейінгі мөлшерiнде
айыппұл салуға әкеп соғады.
555-бап. Кедендік төлемдерді, салықтарды, арнайы,
демпингке қарсы, өтемақы баждарын
төлеу мерзімдерін бұзу
Ескерту. Тақырыпқа өзгеріс енгізілді - ҚР 08.06.2015 № 317-V Заңымен (алғашқы
ресми жарияланған күнінен кейін күнтізбелік отыз күн өткен соң қолданысқа
енгізіледі).
Төлеушілердің, оның ішінде кеден өкілі, уәкілетті экономикалық оператор
мәртебесі бар тұлғалардың кедендік төлемдерді, салықтарды, арнайы, демпингке қарсы,
өтемақы баждарын белгіленген мерзімдерде төлемеуі, сол сияқты шартты түрде
шығарылған тауарларды негізгі кедендік декларациялау үшін кедендік алымдарды,
кедендік баждарды, салықтарды, арнайы, демпингке қарсы, өтемақы баждарын төлеуден
босатуды беруге байланысты мақсаттардан өзге мақсаттарда пайдалану кезінде, сондай-
ақ кедендік төлемдерді, салықтарды, арнайы, демпингке қарсы, өтемақы баждарын
кезең-кезеңмен төлеуді көздейтін кедендік рәсімдерді жүргізуге тауарларды мәлімдеу
кезінде кедендік декларацияны беру мерзімдері бұзылған жағдайда төлемеуі –
жеке тұлғаларға – отыз, шағын кәсіпкерлік субъектілеріне немесе коммерциялық
емес ұйымдарға – отыз бес, орта кәсіпкерлік субъектілеріне – қырық, ірі кәсіпкерлік
субъектілеріне елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
Ескерту. 555-бапқа өзгеріс енгізілді - ҚР 08.06.2015 № 317-V Заңымен (алғашқы
ресми жарияланған күнінен кейін күнтізбелік отыз күн өткен соң қолданысқа
енгізіледі).
556-бап. Қазақстан Республикасы мемлекеттік кіріс
органының кедендік төлемдердің, салықтар мен
өсімпұлдардың төленуге тиісті сомаларын
белгіленген мерзімдерде төлеу туралы талабын
орындамау
Кедендік төлемдерді және салықтарды төлеуді қамтамасыз ету тәсілдері
қолданылған кезде төлеуші кедендік төлемдерді және салықтарды төлеу жөніндегі
міндеттерді орындамаған жағдайларда банктің, сақтандыру ұйымының, кепілгердің
кедендік төлемдердің, салықтар мен өсімпұлдардың төленуге тиісті сомаларын
белгіленген мерзімдерде төлеу туралы мемлекеттік кіріс органының талабын орындамауы
–
шағын кәсіпкерлік субъектілеріне немесе коммерциялық емес ұйымдарға – жиырма,
орта кәсіпкерлік субъектілеріне – қырық, ірі кәсіпкерлік субъектілеріне елу айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
557-бап. Банктердің және банк операцияларының жекелеген
түрлерiн жүзеге асыратын ұйымдардың Қазақстан
Республикасы мемлекеттік кіріс органдарының
шешiмдерiн орындамауы
Мемлекеттік кіріс органдарының кедендік төлемдердi, салықтарды және
өсімпұлдарды өндiрiп алу туралы немесе кедендiк төлемдерді, салықтарды және
өсімпұлдарды төлеушiнiң шоттары бойынша шығыс операцияларын тоқтата тұру туралы
шешiмдерiн банктердің және банк операцияларының жекелеген түрлерiн жүзеге асыратын
ұйымдардың кiнәсiнен орындамау
заңды тұлғаларға екi жүз елу айлық есептік көрсеткіш мөлшерiнде айыппұл
салуға әкеп соғады.
558-бап. Қазақстан Республикасы мемлекеттік кіріс
органдарының талаптарын орындамау
Кедендік декларациялауды, кедендік жете тексеруді, кедендік декларацияларды
тексеруді, кедендік тексеруді жүзеге асыру, тауарлармен және көлік құралдарымен жүк
операцияларын және өзге де операцияларды жүргізу кезінде кеден ісі саласында
қызметті жүзеге асыратын тұлғалардың және өзге де тұлғалардың Кеден одағының және
(немесе) Қазақстан Республикасының кеден заңнамасында белгіленген, мемлекеттік
кіріс органдары мен олардың лауазымды адамдарының талаптарын, сондай-ақ кедендік
бақылау үшін қажетті өзге де талаптарды орындамауы -
елу айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп соғады.
30-тарау. КӨЛІКТЕГІ, ЖОЛ ШАРУАШЫЛЫҒЫНДАҒЫ ӘКІМШІЛІК ҚҰҚЫҚ
БҰЗУШЫЛЫҚТАР
559-бап. Темiржол көлiгiнде қозғалыс қауiпсiздiгiн
қамтамасыз ететiн қағидаларды бұзу
1. Темiржол арқылы ат-арба көлігімен (шаналармен) өту және жүк артылған,
мініс малды және табынды айдап өту, темiржолдардың бөлінген жолағында мал жаю
қағидаларын бұзу -
ескерту жасауға немесе бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Темiржолды, қорғаныштық ағаш екпелерін, қардан қорғайтын қоршауларды және
басқа да жол объектiлерiн, сигнал беру және байланыс құрылыстары мен құрылғыларын
бүлдiру –
жеке тұлғаларға – бес, заңды тұлғаларға жиырма айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
3. Жүктердi тиеу және түсiру кезiнде белгiленген көлемдердi сақтамау –
жеке тұлғаларға – бес, заңды тұлғаларға он бес айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
4. Темiржолдарға поездар қозғалысының бұзылуын туындатуы мүмкін заттар
төсеу, тастау немесе қалдыру –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
5. Белгiленбеген жерлерде темiржол арқылы өту –
ескерту жасауға немесе үш айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
6. Қазақстан Республикасының темiржол көлігі туралы заңнамасының талаптарын
1) теміржол желісінің станциялық және магистральдық жолдарын және темір жол
кірме жолдарын күтіп-ұстау;
2) теміржол көлігіндегі қозғалыс қауіпсіздігін қамтамасыз етуге бағытталған
жылжымалы составты, техникалық құралдарды, теміржолдың жасанды құрылыстарын күтіп-
ұстау, пайдалану және жөндеу кезінде жасалған бұзушылық –
жеке тұлғаларға – үш, лауазымды адамдарға – жеті, шағын кәсіпкерлік
субъектілеріне – сегіз, орта кәсiпкерлiк субъектiлерiне – он, iрi кәсiпкерлiк
субъектiлерiне отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
7. Теміржол көлігіндегі қауіпсіздік қағидаларын жылжымалы теміржол
составының қалпына келтіруге келмейтін жағдайға дейін зақымдануына әкеп соққан
бұзушылық –
шағын кәсіпкерлік субъектілеріне – елу, орта кәсiпкерлiк субъектiлерiне – бір
жүз, iрi кәсiпкерлiк субъектiлерiне екі жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
8. Теміржол көлігіндегі қауіпсіздік қағидаларын соның салдарынан жылжымалы
составты ағыту және жөндеуге беру талап етілетін көлемде зақымдауға жол берілген
бұзушылық –
шағын кәсіпкерлік субъектілеріне – отыз, орта кәсiпкерлiк субъектiлерiне –
жетпіс, iрi кәсiпкерлiк субъектiлерiне бір жүз елу айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
9. Тасымалдау процесіне қатысушылардың уәкілетті органға теміржолдардағы
қауіпсіздік бойынша жол берілген бұзушылықтар туралы ақпаратты теміржол көлігіндегі
қауіпсіздік қағидаларында белгіленген мерзімдерде бермеуі -
лауазымды адамдарға жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
560-бап. Темiржол көлiгi құралдарын пайдалану қағидаларын
бұзу
1. Жүк поездарында заңсыз жүрiп-тұру, поезд жүрiп бара жатқанда отырғызу
және түсiру, вагондардың тепкiшектерi мен төбесiнде жүрiп-тұру, қажетсiз ретте
поезды заңсыз тоқтату –
жеке тұлғаларға бес айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп
соғады.
2. Поездар вагондарының терезелерi мен есiктерiнен қоқыстарды және өзге де
заттарды тастау, поезд жүрiп бара жатқан кезде сыртқы есiктердi заңсыз ашу –
жеке тұлғаларға ескерту жасауға немесе үш айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
561-бап. Жылжымалы теміржол составын мемлекеттік
тіркеусіз немесе қайта тіркеусіз пайдалану
1. Жылжымалы теміржол составын уәкілетті органда мемлекеттік тіркеусіз немесе
қайта тіркеусіз пайдалану -
жеке тұлғаларға – екі, шағын кәсіпкерлік субъектілеріне – бес, орта
кәсіпкерлік субъектілеріне – жеті, ірі кәсіпкерлік субъектілеріне жиырма айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет (әрекетсіздік) –
жеке тұлғаларға – бес, шағын кәсіпкерлік субъектілеріне – жеті, орта
кәсіпкерлік субъектілеріне – он, ірі кәсіпкерлік субъектілеріне отыз айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
562-бап. Ортақ пайдаланылатын көлiк құралдарын және
олардың iшкi жабдығын бүлдiру
Ортақ пайдаланылатын көлiк құралдарын, атап айтқанда, темiржол көлiгiнде
жолаушылар вагондарын және локомотивтердi, теңiз және өзен көлiгiнде кемелердi,
автобустарды, троллейбустарды, трамвайларды бүлдiру, сондай-ақ олардың iшкi
жабдығын бүлдiру –
жеке тұлғаларға он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
563-бап. Қазақстан Республикасының әуе кеңістігін
пайдалану тәртібін бұзу
1. Қазақстан Республикасының әуе кеңiстiгiн пайдалану, атап айтқанда әуе
кемелерінің және басқа да ұшу аппараттарының ұшуы, Қазақстан Республикасының әуе
кеңiстiгiнде атыстың, зымырандар ұшырудың барлық түрлерiн өткiзу, жарылыс жұмыстары
және материалдық объектiлердiң қозғалуымен байланысты өзге де қызметтi жүзеге асыру
тәртiбiн:
1) ұшу жоспарын ұсынбай (бақыланбайтын әуе кеңістігінде ұшу кезінде хабардар
етпей) және (немесе) ұшуды орындауға рұқсатсыз және (немесе) әуе кемелерінің ұшу
қауіпсіздігіне қатер төндіретін қызметті жүзеге асыруға рұқсатсыз қызметті жүзеге
асыру;
2) саны рұқсатта көрсетілгеннен артық әуе кемелері тобының ұшуы;
3) әуе кемелерінің әуе кеңiстiгiн пайдалану режимдерін сақтамауы;
4) мәжбүрлі түрде қону және қосалқы әуеайлаққа жіберу жағдайларынан басқа,
әуе кемелерінің ұшу жоспарында көрсетілмеген әуеайлаққа қонуы;
5) әуе кемесінің Қазақстан Республикасы Қорғаныс министрлігінің рұқсатынсыз,
тыйым салынған аймақ және шек қойылған аймақ аумағының үстінен ұшып өтуі;
6) ұшу қауіпсіздігіне анық қатер төну және авиациялық оқиғаны болғызбау
жағдайларын қоспағанда, әуе кемелерінің тік, ұзына бойына, қапталдан эшелондауды
сақтамауы, әуе трассаларынан, жергілікті әуе желілерінен, маршрут осьтерінен
белгіленген нормалардан артық қашықтыққа ауытқуы;
7) ұшу қауіпсіздігіне анық қатер төну және авиациялық оқиғаны болғызбау
жағдайларын қоспағанда, әуе кеңістігін пайдаланушылардың әуе қозғалысына қызмет
көрсету немесе әуе қозғалысын басқару органдарының командаларын орындамауы түрінде
жасалған бұзушылық -
жеке тұлғаларға – он, лауазымды адамдарға жиырма айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер -
құқық бұзушылық жасаудың құралы болған зат тәркiлене отырып, жеке тұлғаларға
– он бес, лауазымды адамдарға жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
564-бап. Ұшу қауіпсіздігі қағидаларын бұзу
1. Әуеайлақ ауданында әуеайлақтарды тану үшін қабылданған таңбалық белгілер
мен құрылғыларға ұқсайтын қандай да бір белгілер мен құрылғыларды орналастыру
немесе әуежай, әуеайлақ әкімшілігінің рұқсатынсыз пиротехникалық бұйымдарды жағу
немесе құстардың топталып жиналуына ықпал ететін, әуе кемелерінің ұшуы үшін қауіпті
объектілер орнату –
жеке тұлғаларға – он, лауазымды адамдарға жиырма айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
2. Ғимараттар мен құрылыстарда түнде және күндіз көрінетін таңбалық
белгілерді немесе құрылғыларды орналастыру туралы қағидаларды орындамау –
жеке тұлғаларға – он, лауазымды адамдарға жиырма айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
3. Әуеайлақ жабдығын, әуеайлақ белгілерін, әуе кемелері мен олардың жабдығын
бүлдіру –
жеке тұлғаларға елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
4. Әуежайлардың (аэровокзалдардан басқа), әуеайлақтардың, ұшуды радиомен және
жарықпен қамтамасыз ету объектілерінің аумағы бойынша тиісті рұқсатсыз жүріп өту
немесе көлікпен өту –
жеке тұлғаларға бір айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
5. Жолаушының әуе кемесінің ұшу қауіпсіздігі қағидаларын бұзуы, егер бұл іс-
әрекет ұшу қауіпсіздігіне қатер төндіретін жағдай туындатса, –
жеке тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға не
он бес тәулікке дейінгі мерзімге әкімшілік қамаққа алуға әкеп соғады.
565-бап. Кәсіптік даярлықтан өтпеген не тиісті біліктілігі
жоқ авиация персоналын жұмысқа жіберу
Кәсіптік даярлықтан өтпеген не тиісті біліктілігі жоқ авиация персоналын
жұмысқа жіберу –
лауазымды адамдарға – қырық, заңды тұлғаларға алпыс айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
566-бап. Әуе кемесінде мінез-құлық қағидаларын бұзу
1. Әуе кемесінде мінез-құлық қағидаларын әуе кемесіндегі адамның әуе кемесі
командирінің немесе экипаждың басқа да мүшелерінің өкімдерін орындамауы түрінде
жасаған бұзуы, егер осы адамның іс-әрекеті ұшу қауіпсіздігіне қатер төндірмесе, –
үш айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Ұшудың барлық кезеңдерінде әуе кемесінің бортында ұялы, транкингтік
байланыс қызметтерін, әуе кемесін жермен жүру, биіктікті алу, қонуға бет алу
кезеңдерінде тұрмыстық мақсаттағы радиоэлектрондық құралдар мен жоғары жиілікті
құрылғыларды пайдалану -
ескерту жасауға немесе бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
3. Осы баптың бірiншi және екінші бөлiктерiнде көзделген, әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған іс-әрекеттер –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
567-бап. Тасымалдаушының кінәсінан рейс орындалмаған
немесе кідіртілген немесе әуе кемесінің кеш
келуі, тасымалдау маршрутының өзгеруі салдарынан
рейс кідіртілген, орындалмаған кезде
тасымалдаушының жолаушыға қызметтер көрсету
жөніндегі міндеттерді орындамауы не тиісінше
орындамауы
1. Тасымалдаушының кінәсінан рейс орындалмаған немесе кідіртілген немесе әуе
кемесінің кеш келуі, тасымалдау маршрутының өзгеруі салдарынан рейс кідіртілген,
орындалмаған кезде тасымалдаушының Қазақстан Республикасының әуе кеңістігін
пайдалану және авиация қызметі туралы Қазақстан Республикасының заңнамасында
көзделген, жолаушыға қызметтер көрсету жөніндегі міндеттерді орындамауы не тиісінше
орындамауы –
екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет (әрекетсіздік) –
бір мың айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
568-бап. Авиациялық оқиғаны немесе оқыс оқиғаны қасақана
жасыру
Авиациялық оқиғаны, оқыс оқиғаны немесе бұлар туралы мәліметтерді қасақана
жасыру не ақпаратты бұрмалау не борттағы немесе жерүстіндегі объективтік бақылау
құралдарын немесе авиациялық оқиғамен немесе оқыс оқиғамен байланысты басқа да
дәлелдеме материалдарды бүлдіру немесе жою –
жеке тұлғаларға – жиырма, лауазымды адамдарға – отыз айлық есептiк көрсеткiш
мөлшерiнде, заңды тұлғаларға бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
569-бап. Әуе кемелерін пайдаланудың қауіпсіздік
қағидаларын бұзу
1. Осы баптың екінші, үшінші, төртінші, бесінші, алтыншы, жетінші және
сегізінші бөліктерінде көзделген жағдайларды қоспағанда, әуе кемелерін ұшуды
орындауға жіберу тәртібін не ұшуға дайындау және оны орындау қағидаларын бұзу, егер
бұл әрекеттер абайсызда жәбірленушінің денсаулығына жеңіл зиян келтіруге әкеп
соқса, –
жеке тұлғаларға әуе кемесін басқару (әуе қозғалысына қызмет көрсету, әуе
кемесіне техникалық қызмет көрсету) құқығынан алты ай мерзімге айыра отырып, отыз
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға, лауазымды адамдарға – отыз,
заңды тұлғаларға елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Уәкілетті органның рұқсатынсыз ұшуды орындауды бастауға тыйым салынған
ақаулар болған кезде не жолаушылар сыйымдылығы (жүк сыйымдылығы) нормаларын немесе
әуе кемесінің ұшу массасы немесе орталықтануы бойынша шектеулерді бұза отырып әуе
кемесінде ұшу –
әуе кемесінің командиріне қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға немесе әуе кемесін басқару құқығынан бір жыл мерзімге айыруға әкеп соғады.
3. Әуе кемесін басқаруға құқығы жоқ адамның оны басқаруы – қырық айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
4. Мемлекеттік тіркеуден өтпеген не мемлекеттік және тіркеу тану белгілері
жоқ не азаматтық авиация саласындағы уәкілетті органда есепте тұрмаған не көрінеу
жалған мемлекеттік және тіркеу тану белгілері бар әуе кемесін басқару –
әуе кемесінің командиріне қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға немесе әуе кемесін басқару құқығынан бір жыл мерзімге айыруға әкеп соғады.
5. Қазақстан Республикасының заңнамасында көзделген кеме және ұшу құжаттамасы
жоқ әуе кемесін басқару не өзімен бірге әуе кемесінің осы түрін басқару құқығына
құжаттары жоқ ұшу экипажы мүшесінің әуе кемесін басқаруы –
қырық айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
6. Мемлекеттік тіркеуден өтпеген не мемлекеттік және тіркеу тану белгілері
жоқ, не азаматтық авиация саласындағы уәкілетті органда есепте тұрмаған не көрінеу
жалған мемлекеттік және тіркеу тану белгілері бар не Қазақстан Республикасының
заңнамасында көзделген кеме және ұшу құжаттамасы жоқ не ұшу немесе кабина экипажы
жасақталмаған не уәкілетті орган беретін рұқсатсыз оны пайдалануға тыйым салынған
ақаулары бар, не жолаушылар сыйымдылығы (жүк сыйымдылығы) нормалары немесе әуе
кемесінің ұшу массасы немесе орталықтануы бойынша шектеулер бұзылған әуе кемесін
ұшуға жіберу, сол сияқты әуе кемесіне қызмет көрсетуге осыған құқығы жоқ немесе
масаң күйдегі адамды жіберу не оның әуе кемесіне қызмет көрсетуі –
жеке және лауазымды адамдарға – қырық, заңды тұлғаларға бір жүз айлық есептiк
көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
7. Бортында Қазақстан Республикасының заңнамасында көзделген іздеу және
авариялық-құтқару құралдары жоқ әуе кемелерінің ұшуды орындауы –
жеке және лауазымды адамдарға – қырық, заңды тұлғаларға бір жүз айлық есептiк
көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
8. Авиация персоналы куәлігін бүлдіру немесе жоғалту –
жеке тұлғаларға жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
570-бап. Авиациялық қауіпсіздік талаптарын бұзу
1. Авиациялық қауіпсіздік қағидаларын бұзу –
заңды тұлғаларға бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға
әкеп соғады.
2. Әуежай, әуеайлақ аумағының периметрі қоршауларын күтіп-ұстау жөнінде
шаралар қолданбау, егер бұл іс-әрекет авиациялық оқиғаға немесе оқыс оқиғаға әкеп
соқпаса, –
заңды тұлғаларға төрт жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
571-бап. Жолаушыларды, багажды және жүктерді тасымалдау
қағидаларын бұзу
1. Автомобиль көлігімен тасымалдауды қоспағанда, жолаушыларды, багажды және
жүктерді халықаралық тасымалдау қағидаларын бұзу –
елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Автомобиль көлігімен жолаушыларды, багажды және
жүктерді тасымалдау қағидаларын бұзу –
жеке тұлғаларға – бес, шағын кәсіпкерлік субъектілеріне – он, орта
кәсіпкерлік субъектілеріне – он бес, ірі кәсіпкерлік субъектілеріне жиырма бес
айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Осы баптың екінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін
бір жыл ішінде қайталап жасалған әрекеттер -
шағын кәсіпкерлік субъектілеріне – он бес, орта кәсіпкерлік субъектілеріне –
жиырма, ірі кәсіпкерлік субъектілеріне елу айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
Ескерту. 571-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
572-бап. Жолаушыларды, багажды немесе жүктерді
автомобильмен тасымалдауды жүзеге асыру кезінде
жүргізушілердің еңбек және демалыс режимінің
бұзылуы
1. Мыналарды:
1) қауiптi жүктердi автомобильмен тасымалдауды;
2) жолаушыларды, багажды және жүктердi автомобильмен халықаралық
тасымалдауды;
3) жолаушыларды, багажды автомобильмен облысаралық қалааралық, тұрақты және
ауданішілік тасымалдауды;
4) жолаушыларды және багажды автомобильмен облысаралық қаларалық, ауданаралық
(облысiшiлiк қалааралық) тұрақты емес тасымалдауды жүзеге асырған кезде
жүргiзушiлердiң еңбек және демалыс режимiн тiркейтiн бақылау құрылғыларынсыз
(тахографтарсыз) немесе ақауы жоқ осындай құрылғыларын ажыратып не толтырылмаған
диаграммалық дискiлермен немесе бұрын пайдаланылған диаграммалық дискiлердi қолдана
отырып не электрондық (цифрлық) тахографтарды қолданған жағдайда электрондық
карточкаларды пайдаланбай, сол сияқты жүгiзушiлердiң еңбек және демалыс режимiн
күнделiктi тiркеу парақтарын жүргiзбей (бақылау құрылғысының ақауы болған жағдайда)
автокөлiк құралын пайдалану –
шағын кәсіпкерлік субъектілеріне – он, орта кәсіпкерлік субъектілеріне –
жиырма, ірі кәсіпкерлік субъектілеріне елу айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
2. Автокөлік құралдары жүргізушілерінің жолаушыларды, багажды немесе жүктерді
автомобильмен тасымалдауды жүзеге асыру кезінде еңбек және демалыс режимін бұзуы –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
573-бап. Қазақстан Республикасында автомобильмен
тасымалдаудың рұқсат беру жүйесiн халықаралық
қатынаста қолдану қағидаларын бұзу
1. Қазақстан Республикасының автомобиль көлiгi туралы заңнамасында көзделген
жағдайларда, шетелдiктердiң немесе шетелдiк заңды тұлғалардың Қазақстан
Республикасының аумағында автомобильмен халықаралық тасымалдауды рұқсатсыз немесе
арнайы рұқсатсыз жүзеге асыруы –
автокөлiк құралдарының жүргiзушiлерiне – жиырма бес, заңды тұлғаларға бес жүз
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Отандық тасымалдаушының рұқсат ету карточкаларында көрсетiлмеген автокөлiк
құралына отандық тасымалдаушының шетелдiк рұқсатты пайдалануы –
шағын кәсiпкерлiк субъектiлерiне – жиырма, орта кәсiпкерлiк субъектiлерiне –
отыз, iрi кәсiпкерлiк субъектiлерiне қырық айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
3. Отандық тасымалдаушының шетелдiк рұқсаттар бланкiлерiн басқа отандық
тасымалдаушыға беруi –
шағын кәсiпкерлiк субъектiлерiне – жиырма бес, орта кәсiпкерлiк
субъектiлерiне – отыз бес, iрi кәсiпкерлiк субъектiлерiне қырық бес айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Халықаралық қатынаста жолаушыларды және багажды тасымалдауды жүзеге асыру
кезiнде жүргiзушiнiң келiсiлген жол жүру маршрутының схемасын бұзуы –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
5. Шетелдiк тасымалдаушының Қазақстан Республикасында автомобильмен
тасымалдаулардың рұқсат беру жүйесiн халықаралық қатынаста қолдану қағидаларына
сәйкес ресiмделмеген отандық рұқсатты пайдалануы –
автокөлiк құралдарының жүргiзушiлерiне жиырма айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
574-бап. Жолаушыларды және багажды автомобильмен
халықаралық тұрақты емес тасымалдауды жүзеге
асыру кезiнде автокөлiк құралдары
жүргiзушiлерінде жолаушылар тiзiмiнiң болмауы
Жолаушыларды және багажды автомобильмен халықаралық тұрақты емес тасымалдауды
жүзеге асыру кезiнде автокөлiк құралдары жүргiзушiлерінде жолаушылар тiзiмiнiң
болмауы –
жеке тұлғаларға бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
575-бап. Шет мемлекетте тіркелген автокөлік құралдарымен
Қазақстан Республикасының аумағында
автомобильмен тасымалдауларды жүзеге асыру
Қазақстан Республикасының аумағына уақытша әкелiнген автокөлiк құралдарымен
тасымалдауды қоспағанда, Қазақстан Республикасының аумағында орналасқан пункттер
арасында жолаушыларды, багажды немесе жүктердi шет мемлекеттiң аумағында тiркелген
автокөлiк құралдарымен тасымалдау –
жеке тұлғаларға – он, шағын кәсіпкерлік субъектілеріне – он бес, орта
кәсіпкерлік субъектілеріне – жиырма, ірі кәсіпкерлік субъектілеріне қырық айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
576-бап. Республикаішілік қатынаста жолаушыларды және
багажды автомобильмен тұрақты емес тасымалдауды
жүзеге асыру кезінде автокөлік құралдары
жүргiзушiлерінде тасымалдау шартының болмауы
Республикаішілік қатынаста жолаушыларды және багажды автомобильмен тұрақты
емес тасымалдауды жүзеге асыру кезінде автокөлік құралдары жүргiзушiлерінде
тасымалдау шартының болмауы –
жеке тұлғаларға он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
577-бап. Халықаралық қатынаста тұрақты тасымалдауды жүзеге
асыру кезiнде Қазақстан Республикасының
аумағындағы пункттер арасында жолаушыларды
тасымалдау
1. Халықаралық қатынаста тұрақты тасымалдауды жүзеге асыру кезiнде Қазақстан
Республикасының аумағындағы пункттер арасында жолаушыларды тасымалдау үшiн жол жүру
құжаттарын (билеттердi) сатуды ұйымдастыру –
шағын кәсiпкерлiк субъектiлерiне – он, орта кәсiпкерлiк субъектiлерiне –
жиырма, iрi кәсiпкерлiк субъектiлерiне отыз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
2. Халықаралық қатынаста тұрақты тасымалдауды жүзеге асыру кезiнде Қазақстан
Республикасының аумағындағы пункттер арасында автокөлiк құралдарымен жолаушыларды
тасымалдау –
автокөлік құралдарының жүргізушілеріне отыз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
3. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
шағын кәсiпкерлiк субъектiлерiне – жиырма, орта кәсiпкерлiк субъектiлерiне –
отыз, iрi кәсiпкерлiк субъектiлерiне қырық айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
4. Осы баптың екiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
автокөлік құралдарының жүргізушілеріне елу айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
578-бап. Теңіз көлігінде қозғалыс қауіпсіздігін қамтамасыз
ету қағидаларын бұзу
1. Теңіз көлігінде кемелердің маневр жасауы мен қозғалуының белгіленген
тәртібін бұзу, нұсқалған қозғалыс жылдамдығын, дыбыс және жарық сигналдарын беру,
кеме жарықтары мен белгілерін алып жүру талаптарын сақтамау, тыйым салынған
жерлерде кемені әдейі тоқтату немесе тоқтата тұру, кемелерді сүйрету тәртібін бұзу,
сондай-ақ диспетчердің міндетті талаптарын орындамау –
жеті айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Порт суларында суға сүңгу жұмыстарын тиісті рұқсаттарсыз жүргізу немесе
осы жұмыстар кезінде сигналдар беру қағидаларын сақтамау –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
579-бап. Теңіз көлігіндегі сигнал беру және байланыс
құрылғылары мен қондырғыларын бүлдіру
Теңіз көлігіндегі сигнал беру және байланыс құрылғылары мен қондырғыларын
бүлдіру –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
580-бап. Теңіз және өзен көлігі кемелерінде, сондай-ақ
шағын көлемді кемелерде жолаушылардың
қауіпсіздігін қамтамасыз ету қағидаларын бұзу
Теңіз және өзен көлігі кемелерінде, сондай-ақ шағын көлемді кемелерде құтқару
және авариялық құралдар мен жабдықтардың болмауы, толық жинақталмауы немесе оларды
куәландыру мерзімі өткен соң пайдалану, теңіз және өзен көлігі кемелеріндегі
түскіштер мен траптарды жабдықтау жөніндегі талаптарды бұзу –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
581-бап. Кеменi жүзуге шығару қағидаларын бұзу немесе
тиiстi дипломы (куәлiгi, куәландыру қағазы) жоқ
адамдарды кеме басқаруға жiберу
1. Кеменiң кiмге тиесiлiгiн, оның жүзуге жарамдылығын куәландыратын
құжаттарсыз, жасақталмаған экипажбен, кеменiң техникалық жай-күйі қолдағы
құжаттарға сәйкес келмеген кезде, жүк тиеудiң белгiленген қағидаларын, жолаушылар
сыйымдылығы нормаларын, жүзу ауданы мен шарттары жөнiндегi шектеулердi бұза отырып,
кеменi (шағын көлемді кемеден басқасын) жүзуге шығару (жiберу), сондай-ақ тиiстi
дипломы (куәлiгi, куәландыру қағазы) жоқ адамдарды кеменi немесе оның механизмдерi
мен жабдығын басқаруға жiберу –
жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Белгiленген тәртiппен тiркелмеген немесе техникалық қарап-тексеруден
(куәландырудан) өтпеген немесе ақаулары болғандықтан оны пайдалануға тыйым салынған
немесе жабдықтармен жарақтандырылмаған, немесе тиiстi рұқсатсыз қайта жабдықталған
шағын көлемді кемелердi жүзуге шығару, сондай-ақ шағын көлемді кемелердi басқару
құқығы жоқ адамдарды осындай кемелердi басқаруға жiберу –
лауазымды адамдарға, шағын кәсіпкерлік субъектілеріне – он, орта кәсіпкерлік
субъектілеріне – жиырма, ірі кәсіпкерлік субъектілеріне елу айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
582-бап. Кемелердi, оның iшiнде шағын көлемдi кемелердi
пайдалану қағидаларын бұзу, сондай-ақ кеменi,
оның iшiнде шағын көлемдi кеменi басқару құқығы
жоқ адамның басқаруы
1. Белгiленген тәртiппен тiркелмеген немесе техникалық қарап-тексеруден
(куәландырудан) өтпеген, немесе борт нөмiрлерi мен белгiлеулерi жоқ немесе тиiстi
рұқсатсыз қайта жабдықталған немесе ақауы болғандықтан оны пайдалануға тыйым
салынған, немесе жолаушылар сыйымдылығы нормаларының тиеу қағидаларын, жүзу ауданы
мен шарттары бойынша шектеулердi бұза отырып кеменi (оның iшiнде шағын көлемді
кеменi) басқару –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Кеменi, оның iшiнде шағын көлемдi кеменi басқаруға құқығы жоқ адамның осы
кеменi, оның iшiнде шағын көлемдi кеменi басқаруы, сол сияқты кеменi, оның iшiнде
шағын көлемдi кеменi өзімен бірге осы кеменi, оның iшiнде шағын көлемдi кеменi
басқару құқығын растайтын құжаты жоқ адамның басқаруы немесе мұндай кеменi, оның
iшiнде шағын көлемдi кеменi басқару құқығы жоқ адамға басқаруға беру –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Кеменi, оның iшiнде шағын көлемдi кеменi кеме құжаттары болмаған кезде,
сондай-ақ кеме құжаттарына қойылатын талаптарды бұза отырып басқару –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Кеменi, оның iшiнде шағын көлемдi кеменi көрiнеу жалған немесе қолдан
жасалған тiркеу борт нөмiрлерiмен және белгiлеулерiмен басқару –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
583-бап. Кемелердiң жүзу, оларға жүк тиеу және олардан жүк
түсiру қағидаларын бұзу
1. Кемелердің (шағын көлемді кемелерден басқасы) кеме жүргiзушiлерінiң
қозғалыс және дыбыс пен жарық сигналдарын беру, кеме жарықтары мен белгiлерiн алып
жүру қағидаларын, кемелерге жүк тиеу және олардан жүк түсiру қағидаларын бұзуы,
сондай-ақ порттық және гидротехникалық құрылыстар мен жабдықты бүлдіру –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Шағын көлемді кемелердің кеме жүргiзушiлерiнiң және өзге де жүзетін
объектілердің белгiленген жылдамдықты арттыруы, навигациялық белгiлердің талаптарын
сақтамауы, тыйым салынған жерлерде кеменi әдейi тоқтату немесе тоқтата тұру,
гидротехникалық құрылыстарды немесе техникалық құралдарды және кеме қатынасы мен
навигациялық жағдай белгiлерiн бүлдiруi, маневр жасау, дыбыс сигналдарын беру, борт
жарықтары мен белгiлерiн алып жүру қағидаларын бұзуы –
ескерту жасауға немесе екі айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
немесе бiр жылға дейiнгi мерзiмге шағын көлемді кеменi басқару құқығынан айыруға
әкеп соғады.
3. Шағын көлемді кемелердің кеме жүргiзушiлерiнiң шағын көлемді кемелерді
пайдаланудың өзге де қағидаларын бұзуы –
ескерту жасауға немесе бір айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
584-бап. Кемелердi iшкi су жолдарында пайдалану
қауiпсiздiгiн қамтамасыз ету қағидаларын бұзу
1. Тиiстi рұқсатсыз суға сүңгу жұмыстарын жүргiзу немесе осы жұмыстар
кезiнде сигналдар беру қағидаларын сақтамау, ағаш салдар тоқтайтын тосқауылдар мен
айлақтар орнату мен құру тәртiбiн, тиiстi органдардың келiсiмiнсiз балық аулау
мақсаты үшiн белгiленбеген орындарда балық аулауға бейiмделген шанышқы
қондырғыларын және өзге де құралдар қою тәртiбiн бұзу –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Навигациялық жабдықтың, байланыс пен сигнал берудiң жүзетін және
жағалаудағы құралдарын жою, бүлдiру, жұлу, заңсыз орнын ауыстыру, көпiрлердегi,
бөгеттердегi және басқа да гидротехникалық құрылыстардағы навигациялық жабдықты
күтiп-ұстау, пайдалану қағидаларын және оның белгiленген жұмыс режимiн бұзу,
навигациялық белгiлер мен сигналдарды айырып-тануға кедергi келтiретiн белгiлерді,
құрылыстарды, дыбыс және жарық сигналдарын беретiн көздерді тиiстi рұқсатсыз
(келiсiмсiз) орнату –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Кеме бортының сыртына қоқыс және өзге де заттар тастау –
ескерту жасауға немесе бір айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
585-бап. Өзен порттары мен кемежайларда жүктердi тиеу,
түсiру және жинап қою қағидаларын бұзу
Өзен порттары мен кемежайларда жүктердi тиеудің, түсiрудің және жинап қоюдың
техникалық шарттарын, кемеде жүктердi бекiтудiң техникалық шарттарын бұзу, жүктi
тиеу (түсiру) актiсiн ресiмдемеу –
екі айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
586-бап. Шағын көлемді кемелердің тұрақ орындарына
арналған базаларды (құрылыстарды) пайдалану
қағидаларын бұзу
1. Шағын көлемдi кемелердiң тұрақ орындарына арналған базаларда
(құрылыстарда) шағын көлемдi кемелердi базаға қою нормаларын, базаларды
(құрылыстарды) пайдалану қауiпсiздiгiне арналған шарттар мен техникалық талаптарды
бұзу, сол сияқты көрсетiлген базаларда (құрылыстарда) белгiленген тәртiппен
тiркелмеген шағын көлемдi кемелердi күтіп-ұстау –
жеке және лауазымды адамдарға – он, шағын кәсiпкерлiк субъектiлерiне – он
бес, орта кәсiпкерлiк субъектiлерiне – жиырма, iрi кәсiпкерлiк субъектiлерiне отыз
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Шағын көлемдi кемелердiң жүзуге шығуын және базаға қайтуын бақылаудың
белгiленген режимiн сақтамау –
ескерту жасауға немесе жеке және лауазымды адамдарға бес айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
587-бап. Порттағы құрылыстарды пайдалану жөнiндегi
талаптарды бұзу
Порттағы құрылыстарды тұрақты және кезеңдiк техникалық қарап-тексерулерден
өткiзу мерзiмдерiн бұзу немесе сақтамау, айлақтық құрылыстың арқандап байлау және
керi итергiш құрылғыларының жарамсыз күйде болуы немесе өздерiнiң сипаттамалары
бойынша сәйкес келмеуi, сондай-ақ порттағы құрылыстарды техникалық қарап-тексеру
журналының және теңiз порты паспортының болмауы –
жеке және лауазымды адамдарға бес айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
588-бап. Кемелермен, оның iшiнде шағын көлемдi кемелермен
болған авариялық жағдайлар мен көлiк оқиғаларын
тергеп-тексеру қағидаларын бұзу
1. Кеме капитанының, кеме иесiнiң, гидротехникалық құрылыстардың лауазымды
адамының көлiктiк бақылау органдарына теңiз көлiгi кемесiмен болған авариялық
жағдай туралы, өзен көлiгi кемесiмен болған көлiк оқиғасы туралы ақпаратты бермеуi
–
жеке және лауазымды адамдарға – он, шағын кәсiпкерлiк субъектiлерiне –
жиырма, орта кәсiпкерлiк субъектiлерiне – отыз, iрi кәсiпкерлiк субъектiлерiне
қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Кеме жүргiзушiсiнiң немесе кеме иесiнiң көлiктiк бақылау органдарына шағын
көлемдi кемемен болған көлiк оқиғасы туралы ақпаратты бермеуi –
жеке және лауазымды адамдарға – бес, шағын кәсiпкерлiк субъектiлерiне – он,
орта кәсiпкерлiк субъектiлерiне – жиырма, iрi кәсiпкерлiк субъектiлерiне отыз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Авариялық жағдайды немесе көлiк оқиғасын тергеп-тексеруді жүргiзетiн
органның не лауазымды адамның сұрау салуы бойынша материалдарды, анықтамаларды,
түсiнiктемелердi, кеме құжаттарынан үзiндi көшiрмелердi не тергеп-тексеру жүргiзу
үшiн қажеттi басқа да ақпаратты бермеу немесе уақтылы бермеу –
жеке тұлғаларға – бес, лауазымды адамдарға - он, шағын кәсiпкерлiк
субъектiлерiне – жиырма, орта кәсiпкерлiк субъектiлерiне – отыз, iрi кәсiпкерлiк
субъектiлерiне қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
589-бап. Көлiкте өрт қауiпсiздiгi қағидаларын бұзу
1. Көлiкте белгiленген өрт қауiпсiздiгi қағидаларын бұзу –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
590-бап. Көлiк құралдарын пайдалану қағидаларын бұзу
1. Мемлекеттiк тiркеу нөмiрi белгiлерi (белгiсi) оқылмайтын немесе стандарт
талаптары бұзыла отырып орнатылған, тiркелген көлiк құралын басқару –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Мемлекеттiк тiркеу нөмiрi белгiлерi (белгiсi) жоқ немесе пайдалануға тыйым
салынғаннан кейiн немесе белгiленген тәртiппен тiркелмеген көлiк құралын басқару –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Көлiк құралына көрiнеу жалған немесе қолдан жасалған мемлекеттiк тiркеу
нөмiрi белгiлерiн (белгiсiн) орнату –
жеке тұлғаларға – он бес, лауазымды адамдарға – елу, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – бір жүз, орта кәсiпкерлiк
субъектiлерiне – екі жүз, iрi кәсiпкерлiк субъектiлерiне бiр мың айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Көрiнеу жалған немесе қолдан жасалған мемлекеттiк тiркеу нөмiрi белгiлерi
(белгiсi) бар көлiк құралын басқару –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға немесе бiр жыл
мерзiмге көлiк құралдарын басқару құқығынан айыруға әкеп соғады.
5. Осы баптың алтыншы бөлiгiнде көрсетiлген жағдайларды қоспағанда, жол
жүрісі қауiпсiздiгiн қамтамасыз етудiң белгiленген қағидаларына сай келмейтiн көлiк
құралдарын басқару –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
6. Тежегiш жүйесiнiң, басқару рулінің, тартқыш-тіркеме құрылғысының ақауы бар
көлiк құралдарын басқару –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
7. Тиiстi рұқсатсыз қайта жабдықталған көлiк құралын басқару –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
8. Жолаушыларды, багажды автомобильмен тұрақты немесе тұрақты емес
тасымалдауды, сондай-ақ жүктердi тасымалдауды жүзеге асыру кезiнде рейс алдындағы
(ауысым алдындағы) техникалық қарап-тексеруден өтпеген автокөлiк құралдарын
пайдалануға шығару, сондай-ақ рейс алдындағы (ауысым алдындағы) медициналық қарап-
тексеруден өтпеген жүргiзушiнiң басқаруына рұқсат беру –
шағын кәсiпкерлiк субъектiлерiне – отыз, орта кәсiпкерлiк субъектiлерiне –
қырық, iрi кәсiпкерлiк субъектiлерiне елу айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
9. Мемлекеттiк немесе мiндеттi техникалық қарап-тексеруден өтпеген көлiк
құралын басқару –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
10. Осы баптың бiрiншi, бесінші, алтыншы және тоғызыншы бөлiктерiнде
көзделген, әкiмшiлiк жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған
әрекеттер –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпе. Кодекстiң осы тарауында көлiк құралдары деп автомобильдердiң,
тракторлардың барлық түрлерiн және өзге де өздiгiнен жүретiн машиналарды,
трамвайларды, троллейбустарды, сондай-ақ мотоциклдер мен басқа да механикалық көлiк
құралдарын түсiну керек.
591-бап. Көлiк құралын басқару кезiнде жүргiзушiнiң
телефонды не радиостанцияны пайдалануы
1. Көлiк құралын басқару кезiнде жүргiзушiнiң телефонды не радиостанцияны
пайдалануы –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпе. Көлiк құралын басқару кезiнде телефонды не радиостанцияны
тыңдауышты немесе қатты дауысты байланысты қолдану арқылы пайдалануға рұқсат
етiледi.
592-бап. Көлiк құралдары жүргiзушiлерінiң белгiленген
жүру жылдамдығын арттыруы
1. Көлiк құралдары жүргiзушiлерінiң белгiленген жүру жылдамдығын сағатына
оннан жиырма километрге дейiнгi шамаға арттыруы –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Көлiк құралының белгiленген жүру жылдамдығын сағатына жиырмадан қырық
километрге дейiнгi шамаға арттыру –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Көлiк құралының белгiленген жүру жылдамдығын сағатына қырық километрден
астам шамаға арттыру –
отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Осы баптың бірінші, екiншi және үшiншi бөлiктерiнде көзделген, әкiмшiлiк
жаза қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
593-бап. Маршруттық көлiк құралдарын тоқтату, тұрғын
аймақтарда жүру, жолаушыларды және жүктердi
тасымалдау қағидаларын сақтамау және жол
жүрiсiнiң қағидаларын басқа да өрескел бұзуы
1. Маршруттық көлiк құралдарын тоқтату, тұрғын аймақтарда жүру, жолаушыларды
және жүктердi тасымалдау, қауiпсiздiк белдiктерiмен жабдықталған көлiк құралдарымен
жүру кезiнде қауiпсiздiк белдіктерiн, мотоциклдердi басқару және олармен
жолаушыларды тасымалдау кезiнде мотошлемдердi пайдалану, көлiк құралдарын сүйрету,
тәулiктiң қараңғы мезгiлiнде немесе анық көрiнбейтiн кезде жарық беретiн аспаптарды
пайдалану қағидаларын сақтамау –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Белгiленген қағидаларды бұза отырып, қауiптi жүктердi автокөлiк
құралдарымен не мамандандырылған автокөлiк құралдарымен, сол сияқты 1, 6 және 7-
сыныптағы қауiптi жүктi тасымалдауға арналған арнайы рұқсатсыз тасымалдау –
жеке тұлғаларға – жиырма, шағын кәсiпкерлiк субъектiлерiне – отыз, орта
кәсiпкерлiк субъектiлерiне – қырық, iрi кәсiпкерлiк субъектiлеріне елу айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Ауыр салмақты автокөлiк құралдарының арнайы рұқсатсыз, салмақтық
параметрлерді асыра отырып, оның iшiнде арнайы автоматтандырылған өлшеу құралдарын
пайдалану арқылы тiркелетiн жүрiп өтуi –
жол берілетін салмақтық параметрлер бес тоннаға дейін асырылған кезде жеке
тұлғаларға – елу, шағын кәсiпкерлiк субъектiлерiне – бір жүз, орта кәсiпкерлiк
субъектiлерiне – бір жүз елу, iрi кәсiпкерлiк субъектiлерiне екі жүз айлық есептiк
көрсеткiш мөлшерiнде, бес тоннадан он тоннаға дейін асырылған кезде жеке тұлғаларға
– бір жүз, шағын кәсiпкерлiк субъектiлерiне – бір жүз елу, орта кәсiпкерлiк
субъектiлерiне – екі жүз, iрi кәсiпкерлiк субъектiлерiне үш жүз айлық есептiк
көрсеткiш мөлшерiнде, он тоннадан және одан жоғары асырылған кезде жеке тұлғаларға
– екі жүз, шағын кәсiпкерлiк субъектiлерiне – бес жүз, орта кәсiпкерлiк
субъектiлерiне – сегіз жүз, iрi кәсiпкерлiк субъектiлерiне бір мың айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Ірі көлемді автокөлiк құралдарының көлемдік параметрлерін асыра отырып,
арнайы рұқсатсыз, оның iшiнде арнайы автоматтандырылған өлшеу құралдарын пайдалану
арқылы тiркелетiн жүрiп өтуi –
жеке тұлғаларға – жиырма, шағын кәсiпкерлiк субъектiлерiне – отыз, орта
кәсiпкерлiк субъектiлерiне – қырық, iрi кәсiпкерлiк субъектiлерiне елу айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
5. Ірі көлемді және (немесе) ауыр салмақты автокөлiк құралдарының арнайы
рұқсатта көрсетілген параметрлердің бірін асыра отырып не маршруттан немесе
мерзімдерден ауытқи отырып жүрiп өтуi –
жеке тұлғаларға – жиырма, шағын кәсiпкерлiк субъектiлерiне – отыз, орта
кәсiпкерлiк субъектiлерiне – қырық, iрi кәсiпкерлiк субъектiлерiне елу айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
6. Барынша рұқсат етiлген массасы Қазақстан Республикасының заңнамасында
белгiленген автокөлiк құралының жол берiлген жалпы массасынан асып түсетiн өзi
аударғышпен ортақ пайдаланылатын автомобиль жолдарымен жүктердi тасымалдау –
жеке тұлғаларға – отыз, шағын кәсiпкерлiк субъектiлерiне – қырық, орта
кәсiпкерлiк субъектiлерiне – елу, iрi кәсiпкерлiк субъектiлерiне алпыс айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
7. Автокөлiк құралын тиеу процесiнде жүк жөнелтушiнiң Қазақстан
Республикасының заңнамасында белгiленген, жол берілген салмақтық және көлемдiк
параметрлерді асыруы –
жеке тұлғаларға – отыз, шағын кәсiпкерлiк субъектiлерiне – елу, орта
кәсiпкерлiк субъектiлерiне – сексен, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
8. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
594-бап. Жол қиылыстарынан өту қағидаларын бұзу немесе
жолдың жүру бөлiгiн кесiп өту
1. Көлік құралдарының көлденең бағыттағы жол жүрісіне кедергі келтіруге
(кептеліске) әкеп соққан кептеліс пайда болған жағдайда жол қиылысына шығу немесе
жолдың жүру бөлігін кесіп өту –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Жол жүрісі қағидаларының жол қиылыстарынан өтудің басымдық құқығын
пайдаланатын көлік құралына жол беру талабын орындамау –
он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Осы баптың бірінші және екінші бөліктерінде көзделген жағдайларды
қоспағанда, жол қиылыстарынан өту қағидаларын бұзу –
бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
4. Осы баптың бірінші, екінші және үшінші бөліктерінде көзделген, әкімшілік
жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
595-бап. Маневр жасау қағидаларын бұзу
1. Жол жүрісі қағидаларының жүру, қайта ауыстыру, бұрылу, кері бұрылу немесе
тоқтау алдындағы сигнал беру талабын орындамау –
бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Мұндай маневрлер жасауға тыйым салынған жерлерде кері бұрылу немесе артқа
жүру –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Осы Кодекстің 594-бабының екінші бөлігінде және 598-бабында көзделген
жағдайларды қоспағанда, жол жүрісі қағидаларының жүрудің басым құқығын пайдаланатын
көлік құралына жол беру талабын орындамау –
он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
4. Осы баптың бірінші, екінші және үшінші бөліктерінде көзделген, әкімшілік
жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
596-бап. Көлiк құралын жолдың жүру бөлiгiнде орналастыру,
қарсы жүрiп өту немесе басып озу қағидаларын
бұзу
1. Жол жүрiсi қағидаларын бұзып, жаяу жүргiншiлер жолдарымен, жол жиектерiмен
немесе тротуарлармен жүру –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Көлiк құралын жолдың жүру бөлiгiнде орналастыру, қарсы жүрiп өту немесе
жолдың жүру бөлiгiнiң қарсы бағытта жүруге арналған жағына шықпай, басып озу
қағидаларын бұзу, сол сияқты ұйымдасқан көлiк колоннасын немесе жаяу колоннаны
кесiп өту не оның арасынан орын алу –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Егер бұл жол жүрiсi қағидаларында тыйым салынған жағдайларда, жолдың жүру
бөлiгiнiң қарсы бағытта жүруге арналған жағына шығу –
бір жыл мерзімге көлік құралдарын басқару құқығынан айыруға әкеп соғады.
4. Осы баптың бірінші және екінші бөліктерінде көзделген, әкімшілік жаза
қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
5. Осы баптың үшінші бөлігінде көзделген, көлік құралын басқару құқығынан
айырылған не ондай құқығы жоқ адам жасаған әрекет –
елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
597-бап. Көлiк құралдарын тоқтату немесе тоқтап тұру
қағидаларын бұзу
1. Осы Кодекстің 593-бабының бірінші бөлігінде, 607-бабында және осы баптың
екінші, үшінші бөліктерінде көзделген жағдайларды қоспағанда, көлік құралдарын
тоқтату немесе тоқтап тұру қағидаларын бұзу –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Көлік құралдарын тротуарда тоқтату немесе тоқтап тұру қағидаларын бұзу,
сондай-ақ көлік құралдарын гүлзарларда, балалар немесе спорт алаңдарында тоқтату
немесе тоқтап тұру –
он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Басқа көлік құралдарының жол жүрісіне кедергі келтіруге әкеп соққан, көлік
құралдарын жолдың жүру бөлігінде тоқтату немесе тоқтап тұру қағидаларын бұзу –
жиырма айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
4. Мүгедектердің көлік құралдарын тоқтату немесе тоқтап тұру үшін бөлінген
жерлерде көлік құралдарын тоқтату немесе тоқтап тұру қағидаларын бұзу –
елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
4-1. Облыстардың, республикалық маңызы бар қалалардың және астананың
жергілікті атқарушы органдары айқындаған, көлік құралдарын орынтұраққа қойғаны үшін
ақы алуға және олардың орынтұрақта тұрған уақытын есептеуге арналған
сертификатталған арнайы құрылғылармен жабдықталған орындарда орынтұраққа қойғаны
үшін төлем төлеуден жалтару –
үш айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
4-2. Осы баптың 4-1-бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін
бір жыл ішінде қайталап жасалған әрекет –
бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
5. Осы баптың бірінші, екінші және үшінші бөліктерінде көзделген, әкімшілік
жаза қолданылғаннан кейін бір жыл ішінде қайталап жасалған әрекеттер –
отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
6. Осы баптың төртінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
жетпіс бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
Ескерту. 597-бапқа өзгеріс енгізілді - ҚР 05.05.2015 № 312-V Заңымен (алғашқы
ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа
енгізіледі).
598-бап. Арнайы жарық және дыбыс сигналдары iске қосылған
жедел және арнайы қызметтер көлiк құралының
жүруiне басымдық бермеу
1. Бiр мезгiлде жарқылдауық маягi мен арнайы дыбыс сигналы iске қосылған
жедел және арнайы қызметтер көлiк құралының жүруiне басымдық бермеу –
жетi айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Сыртқы жағында арнайы түстi-графикалық схемалар, жазулар және белгiлеулер
бар, бiр мезгiлде жарқылдауық маягi мен арнайы дыбыс сигналы iске қосылған жедел
және арнайы қызметтер көлiк құралының жүруiне басымдық бермеу –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Осы баптың бiрiншi және екiншi бөлiктерiнде көзделген, әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
599-бап. Бағдаршамның тыйым салатын сигналына немесе
реттеушiнiң тыйым салатын қимылына қарамай өту
1. Осы Кодекстiң 607-бабының бiрiншi бөлiгiнде көзделген жағдайларды
қоспағанда, бағдаршамның тыйым салатын сигналына немесе реттеушiнiң тыйым салатын
қимылына қарамай өту –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
600-бап. Жаяу жүргiншiлердің немесе жол жүрiсiнiң өзге де
қатысушыларының жүруiне басымдық бермеу
1. Жол жүрісінде басымдықты пайдаланатын көлiк құралдарының жүргiзушiлерiн
қоспағанда, жол жүрiсi қағидаларының жаяу жүргiншiлерге немесе жол жүрiсiнiң өзге
де қатысушыларына жол беру талаптарын орындамау –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
601-бап. Жол белгiлерiмен немесе жолдың жүру бөлiгiндегi
таңбалармен көрсетiлген талаптарды сақтамау
1. Осы тараудың басқа баптарында көзделген жағдайларды қоспағанда, жол
белгiлерiмен немесе жолдың жүру бөлiгiндегi таңбалармен көрсетiлген талаптарды
сақтамау –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
602-бап. Көлiк құралдары жүргiзушiлерінің жүргiзiп
үйренудi өткiзу, сыртқы жарық түсiру аспаптарын
және (немесе) дыбыс сигналдарын пайдалану,
авариялық сигнал берудi қолдану қағидаларын
бұзуы
1. Көлiк құралдары жүргiзушiлерінiң жүргiзiп үйренудi өткiзу, сыртқы жарық
түсiру аспаптарын және (немесе) дыбыс сигналдарын пайдалану, авариялық сигнал беру
мен авариялық тоқтау белгiсiн қолдану қағидаларын бұзуы –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
жетi айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
603-бап. Көлiк құралына арнайы жарық және (немесе) дыбыс
сигналдарын беруге арналған құрылғыларды орнату
қағидаларын бұзу не жедел және арнайы қызметтер
автомобильдерiнiң арнайы түстi-графикалық
схемаларын заңсыз жазу
1. Көлiк құралының алдыңғы бөлiгiне қызыл түстi жарығы бар жарық аспаптарын
немесе қызыл түстi жарық қайтаратын бейімдеме құрылғыларды, сол сияқты түсi мен
жұмыс режимi көлiк құралдарын пайдалануға жiберудiң талаптарына сәйкес келмейтiн
жарық аспаптарын орнату –
көрсетілген аспаптар мен бейімдеме құрылғылар тәркiлене отырып, жеке
тұлғаларға – он бес, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық емес
ұйымдарға – жетпіс, орта кәсіпкерлік субъектілеріне – бір жүз елу, iрi кәсiпкерлiк
субъектiлерiне бір мың бес жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
2. Арнайы жарық және (немесе) дыбыс сигналдарын беруге арналған құрылғыларды
(күзет сигналын беруді қоспағанда) көлiк құралына тиiстi рұқсатсыз орнату –
көрсетілген құрылғылар тәркiлене отырып, жеке тұлғаларға – жиырма бес, шағын
кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – бір жүз, орта
кәсiпкерлiк субъектiлерiне – екi жүз, iрi кәсiпкерлiк субъектiлерiне екі мың айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Көлiк құралының сыртқы жағына жедел және арнайы қызметтер
автомобильдерiнiң арнайы түстi-графикалық схемаларын заңсыз жазу –
жеке тұлғаларға – жиырма бес, шағын кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – бір жүз, орта кәсiпкерлiк субъектiлерiне – екi жүз,
iрi кәсiпкерлiк субъектiлерiне екі мың айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
604-бап. Көлік құралдары жүргізушілерін даярлау
қағидаларын бұзу
1. Көлік құралдары жүргізушілерін даярлау қағидаларын бұзу –
жеке тұлғаларға – он, шағын кәсіпкерлік субъектілеріне – отыз, орта
кәсіпкерлік субъектілеріне – елу, ірі кәсіпкерлік субъектілеріне бір жүз айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
жеке тұлғаны біліктілік куәлігінен айыруға, көлік құралдары жүргізушілерін
даярлау жөніндегі оқу ұйымдарының тізілімінен алып тастай отырып, шағын кәсіпкерлік
субъектілеріне – алпыс, орта кәсіпкерлік субъектілеріне – бір жүз, ірі кәсіпкерлік
субъектілеріне бір жүз елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
605-бап. Қазақстан Республикасының жол жүрісі саласындағы
заңнамасын бұзу
1. Көлік құралдары жүргізушілерін даярлау жөніндегі кәсіптік бірлестіктердің
«Жол жүрісі туралы» Қазақстан Республикасының Заңында көзделген міндеттерді
орындамауы –
бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Кәсіптік бірлестіктердің жол жүрісі қауіпсіздігін қамтамасыз ету жөніндегі
уәкілетті органның заңдылықтың бұзылуын жою туралы жазбаша нұсқамасын белгіленген
мерзімде орындамауы және (немесе) тиісінше орындамауы –
көлік құралдары жүргізушілерін даярлау жөніндегі кәсіптік бірлестікті
аккредиттеу туралы куәлікті тоқтата тұрып, бір жүз елу айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
3. Жол жүрісі қауіпсіздігін қамтамасыз ету жөніндегі уәкілетті орган көлік
құралдары жүргізушілерін даярлау жөніндегі кәсіптік бірлестікті аккредиттеу туралы
куәліктің қолданылуын тоқтата тұрған себептерді жоймау –
көлік құралдары жүргізушілерін даярлау жөніндегі кәсіптік бірлестіктерді
аккредиттеу туралы куәліктен айыруға әкеп соғады.
4. Көлік құралдары жүргізушілерін даярлау жөніндегі кәсіптік бірлестіктің
«Жол жүрісі туралы» Қазақстан Республикасы Заңының аккредиттеу туралы куәліктен
айыруға негіздер болып табылатын талаптарын бұзуы –
көлік құралдары жүргізушілерін даярлау жөніндегі кәсіптік бірлестіктерді
аккредиттеу туралы куәліктен айыруға әкеп соғады.
5. Көлік құралдары жүргізушілерін даярлау жөніндегі оқу ұйымының «Жол жүрісі
туралы» Қазақстан Республикасының Заңында көзделген міндеттерді орындамауы –
шағын кәсіпкерлік субъектілеріне – отыз, орта кәсіпкерлік субъектілеріне –
елу, ірі кәсіпкерлік субъектілеріне бір жүз айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
6. Осы баптың бесінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
көлік құралдары жүргізушілерін даярлау жөніндегі оқу ұйымдарының тізілімінен
алып тастай отырып, шағын кәсіпкерлік субъектілеріне – алпыс, орта кәсіпкерлік
субъектілеріне – бір жүз, ірі кәсіпкерлік субъектілеріне екі жүз айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
7. Көлік құралдары жүргізушілерін даярлау жөніндегі оқу ұйымының жол жүрісі
қауіпсіздігін қамтамасыз ету жөніндегі уәкілетті органның заңдылықтың бұзылуын жою
туралы жазбаша нұсқамасын белгіленген мерзімде орындамауы –
шағын кәсіпкерлік субъектілеріне – отыз, орта кәсіпкерлік субъектілеріне –
елу, ірі кәсіпкерлік субъектілеріне бір жүз айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
606-бап. Жол жүрiсiне қатысушының жол жүрiсi қағидаларын
авариялық жағдай туғызуға әкеп соққан бұзушылығы
1. Жол жүрiсiне қатысушының авариялық жағдай туғызуға әкеп соққан, яғни жол
жүрiсiне басқа да қатысушыларды жүру жылдамдығын, бағытын күрт өзгертуге мәжбүр
етiп, жол жүрiсi қағидаларын бұзуы –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
алты ай мерзiмге көлiк құралын басқару құқығынан айыруға әкеп соғады.
607-бап. Темiржол өтпелерiнен өту қағидаларын бұзу
1. Темiржол өтпелерiнен тыс жерден темiржолды кесiп өту, жабық тұрған немесе
жабылып жатқан шлагбаумнан не бағдаршамның немесе өтпе кезекшiсiнің тыйым салатын
сигналы берілген кезде темiржол өтпелерiне шығу, сол сияқты темiржол өтпесiнде
тоқтау немесе тоқтап тұру –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
алты ай мерзiмге көлiк құралын басқару құқығынан айыруға әкеп соғады.
608-бап. Жүргізушінің көлік құралын алкогольдік,
есірткілік және (немесе) уытқұмарлық масаң күйде
басқаруы, сол сияқты көлік құралын алкогольдік,
есірткілік және (немесе) уытқұмарлық масаң
күйдегі адамның басқаруына беру
1. Жүргізушінің көлік құралын алкогольдік, есірткілік және (немесе)
уытқұмарлық масаң күйде басқаруы, сол сияқты көлік құралын алкогольдік, есірткілік
және (немесе) уытқұмарлық масаң күйдегі адамның басқаруына беру –
көлік құралын басқару құқығынан үш жыл мерзімге айыруға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, авариялық жағдай туғызуға әкеп
соққан әрекеттер –
көлік құралын басқару құқығынан төрт жыл мерзімге айыруға әкеп соғады.
3. Осы баптың бірінші бөлігінде көзделген, жәбірленушінің денсаулығына
қылмыстық жазаланатын іс-әрекет белгілері жоқ зиян келтіруге немесе көлік
құралдарын, жүктерді, жол құрылыстары мен өзге де құрылыстарды не өзге мүлікті
бүлдіруге әкеп соққан әрекеттер –
көлік құралын басқару құқығынан бес жыл мерзімге айыруға әкеп соғады.
4. Осы баптың бірінші, екінші және үшінші бөліктерінде көзделген, әкімшілік
жаза мерзімі өткеннен кейін бір жыл ішінде қайталап жасалған әрекеттер –
он бес тәулікке әкімшілік қамаққа алуға және алты жыл мерзімге көлік құралын
басқару құқығынан айыруға әкеп соғады.
5. Осы баптың төртінші бөлігінде көзделген әкімшілік жаза мерзімі өткеннен
кейін бір жыл ішінде қайталап жасалған, осы баптың төртінші бөлігінде көзделген
әрекеттер –
отыз тәулікке әкімшілік қамаққа алуға және он жыл мерзімге көлік құралдарын
басқару құқығынан айыруға әкеп соғады.
6. Осы баптың бірінші, екінші және үшінші бөліктерінде көзделген, көлік
құралдарын басқару құқығы жоқ адамдар жасаған әрекеттер –
жиырма тәулікке әкімшілік қамаққа алуға әкеп соғады.
7. Осы баптың алтыншы бөлігінде көзделген әкімшілік жаза мерзімі өткеннен
кейін бір жыл ішінде қайталап жасалған, осы баптың алтыншы бөлігінде көзделген
әрекеттер –
отыз тәулікке әкімшілік қамаққа алуға әкеп соғады.
8. Осы баптың алтыншы және жетінші бөліктерінде көзделген, осы Кодекстің 50-
бабының екінші бөлігіне сәйкес әкімшілік қамаққа алу қолданылмайтын адамдар жасаған
әрекеттер –
екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
609-бап. Жолаушыларды және багажды автомобильмен тұрақты
тасымалдауды көрсетiлген тасымалдау
маршруттарына қызмет көрсету құқығын растайтын
тиiстi куәлiксiз жүзеге асыру
1. Жолаушыларды және багажды автомобильмен тұрақты тасымалдауды көрсетiлген
тасымалдау маршруттарына қызмет көрсету құқығын растайтын тиiстi куәлiксiз жүзеге
асыру –
жеке тұлғаларға – бес, шағын кәсiпкерлiк субъектiлерiне – он, орта
кәсiпкерлiк субъектiлерiне – он бес, iрi кәсiпкерлiк субъектiлерiне жиырма бес
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
жеке тұлғаларға – он, шағын кәсiпкерлiк субъектiлерiне – он бес, орта
кәсiпкерлiк субъектiлерiне – жиырма, iрi кәсiпкерлiк субъектiлерiне елу айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
610-бап. Көлiк құралдары жүргiзушiлерінiң жол жүрісі
қауiпсiздiгiн қамтамасыз етудiң белгiленген
қағидаларын адамдардың денсаулығына зиян
келтiруге, көлiк құралдарының немесе өзге де
мүлiктiң бүлінуіне әкеп соққан бұзушылығы
1. Көлiк құралдары жүргiзушiлерінiң жол жүрісі қауiпсiздiгiн қамтамасыз
етудiң белгiленген қағидаларын көлiк құралдарын, жүктердi, жолдарды, жол
құрылыстары мен басқа құрылыстарды немесе өзге де мүлiктi бүлдіруге әкеп соққан,
материалдық залал келтiрген бұзушылығы –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға немесе тоғыз ай мерзiмге
көлiк құралын басқару құқығынан айыруға әкеп соғады.
2. Жәбiрленушiнiң денсаулығына жеңiл зиян келтiруге әкеп соққан дәл сол
әрекет -
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға және бiр жыл
мерзiмге көлiк құралын басқару құқығынан айыруға әкеп соғады.
3. Осы баптың бiрiншi және екiншi бөлiктерiнде көзделген, көлiк құралдарын
басқару құқығы жоқ адам жасаған әрекеттер –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
611-бап. Жүргізушінің жол-көлік оқиғасына байланысты
міндеттерді орындамауы
1. Осы баптың екінші бөлігінде көзделген жағдайларды қоспағанда, жүргізушінің
өзі қатысушы болып табылатын жол-көлік оқиғасына байланысты Қазақстан
Республикасының жол жүрісі саласындағы заңнамасында көзделген міндеттерді
орындамауы –
бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Жүргізушінің жол жүрісі қағидаларын бұзып, өзi қатысушы болып табылған
жол-көлiк оқиғасы болған жерден кетiп қалуы –
бір жыл мерзімге көлік құралдарын басқару құқығынан айыруға әкеп соғады.
3. Осы баптың екінші бөлігінде көзделген, көлік құралын басқару құқығынан
айырылған не көлік құралдарын басқару құқығы жоқ адам жасаған әрекет –
бір жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға не отыз тәулікке
әкімшілік қамаққа алуға әкеп соғады.
Ескертпе. Зардап шегушiге медициналық көмек көрсетуге байланысты жол-көлiк
оқиғасы болған жерден кетiп қалған адам осы бап бойынша жауаптылықтан босатылады.
612-бап. Құжаттары жоқ және басқару құқығы жоқ адамның
көлiк құралын басқаруы
1. Өзімен бірге жүргiзушi куәлiгi немесе жүргiзушi куәлiгiнiң орнына берiлген
басқару құқығына уақытша куәлiгi, көлiк құралдары иелерiнiң азаматтық-құқықтық
жауапкершiлiгiн мiндеттi сақтандыру жөнiндегi және (немесе) тасымалдаушының
жолаушылар алдындағы азаматтық-құқықтық жауапкершiлiгiн мiндеттi сақтандыру
жөнiндегi сақтандыру полисi, көлік құралына тіркеу және заңнамада белгiленген өзге
де құжаттары жоқ жүргiзушiнiң көлiк құралын басқаруы –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Көлiк құралын басқару құқығы жоқ адамның оны (жүргiзіп-үйренуден басқа)
басқаруы, сол сияқты тиiстi санаттағы көлiктi басқару құқығы жоқ жүргiзушiнiң көлiк
құралын басқаруы –
он бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Көлiк құралын басқару құқығынан айрылған жүргiзушiнiң көлiк құралын
басқаруы –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Осы баптың екiншi және үшiншi бөлiктерiнде көзделген, әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
5. Басқару құқығы жоқ адамға (белгiленген қағидаларға сәйкес жүргiзуге оқыту
жағдайларын қоспағанда) не көлiк құралын басқару құқығынан айрылған адамға көлiк
құралын басқаруға беру –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
6. Осы баптың бесінші бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
жетпіс айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
613-бап. Ішкі істер (полиция), көліктік бақылау органдары
қызметкерінің Қазақстан Республикасының
Мемлекеттік шекарасы арқылы автокөлік құралдарын
өткізу пункттерінде және Қазақстан
Республикасының аумағындағы көліктік бақылау
бекеттерінде, әскери полиция органдары
қызметкерінің талаптарын орындамау, алкогольдік,
есірткілік және (немесе) уытқұмарлық масаң күйін
куәландырудан өтуден жалтару
1. Ішкі істер (полиция), әскери полиция (тек қана Қазақстан Республикасы
ұлттық қауіпсіздік органдарының, Қарулы Күштерінің, Қазақстан Республикасының басқа
әскерлері мен әскери құралымдарының көлік құралын басқаратын адамды) органдары
қызметкерінің көлiк құралын тоқтату туралы заңды талабын орындамау –
көлік құралдарын басқару құқығынан бір жыл мерзімге айыруға, ал мұндай құқығы
жоқ не одан айырылған адамдарға қатысты жиырма айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
2. Көліктік бақылау органдары қызметкерінің Қазақстан Республикасының
аумағындағы көліктік бақылау бекеттерінде көлік құралын тоқтату туралы заңды
талабын орындамау –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға немесе көлік құралдарын
басқару құқығынан алты айдан бір жылға дейінгі мерзімге айыруға әкеп соғады.
3. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекет –
отыз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
4. Ішкі істер (полиция), әскери полиция (тек қана Қазақстан Республикасы
ұлттық қауіпсіздік органдарының, Қарулы Күштерінің, Қазақстан Республикасының басқа
әскерлері мен әскери құралымдарының көлік құралын басқаратын адамды) органдары
қызметкерінің белгіленген тәртіпке сәйкес алкогольдік, есірткілік және (немесе)
уытқұмарлық масаң күйін куәландырудан өту туралы заңды талабын орындамау –
көлік құралдарын басқару құқығынан екі жыл мерзімге айыруға әкеп соғады.
5. Осы баптың төртінші бөлігінде көзделген, әкімшілік жаза мерзімі өткеннен
кейін бір жыл ішінде қайталап жасалған әрекет –
он бес тәулікке әкімшілік қамаққа алуға және алты жыл мерзімге көлік құралын
басқару құқығынан айыруға әкеп соғады.
6. Осы баптың бесінші бөлігінде көзделген әкімшілік жаза мерзімі өткеннен
кейін бір жыл ішінде қайталап жасалған, осы баптың бесінші бөлігінде көзделген
әрекет –
отыз тәулікке әкімшілік қамаққа алуға және он жыл мерзімге көлік құралдарын
басқару құқығынан айыруға әкеп соғады.
7. Осы баптың төртінші, бесінші және алтыншы бөліктерінде көзделген, көлік
құралын басқару құқығынан айырылған адам жасаған әрекеттер –
жиырма тәулікке әкімшілік қамаққа алуға әкеп соғады.
8. Осы баптың жетінші бөлігінде көзделген әкімшілік жаза мерзімі өткеннен
кейін бір жыл ішінде қайталап жасалған, осы баптың жетінші бөлігінде көзделген
әрекеттер –
отыз тәулікке әкімшілік қамаққа алуға әкеп соғады.
9. Осы баптың төртінші бөлігінде көзделген, көлік құралдарын басқару құқығы
жоқ адамдар жасаған әрекет –
жиырма тәулікке әкімшілік қамаққа алуға әкеп соғады.
10. Осы баптың тоғызыншы бөлігінде көзделген әкімшілік жаза мерзімі өткеннен
кейін бір жыл ішінде қайталап жасалған, осы баптың тоғызыншы бөлігінде көзделген
әрекет –
отыз тәулікке әкімшілік қамаққа алуға әкеп соғады.
11. Осы баптың жетінші, сегізінші, тоғызыншы және оныншы бөліктерінде
көзделген, осы Кодекстің 50-бабының екінші бөлігіне сәйкес әкімшілік қамаққа алу
қолданылмайтын адамдар жасаған әрекеттер –
екі жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
12. Жүргізушіні ішкі істер (полиция), әскери полиция (тек қана әскери көлік
құралын басқаратын адамның) органдарының қызметкері тоқтатқан жағдайда оның
рұқсатынсыз жүргізушінің және жолаушылардың (жолаушының) көлік құралы кабинасынан
(салонынан) кетіп қалуы, сондай-ақ олардың көлік құралы кабинасынан (салонынан)
шығу туралы талаптарды орындамауы –
жүргізушіге және жолаушыларға (жолаушыға) бес айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
13. Осы баптың он екінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасалған әрекеттер –
жүргізушіге және жолаушыларға (жолаушыға) он айлық есептік көрсеткіш
мөлшерінде айыппұл салуға әкеп соғады.
Ескертпе. Нысанды киім киген ішкі істер (полиция), көліктік бақылау, әскери
полиция органдары қызметкерлерiнiң көлiк құралын тоқтату туралы талабы ысқырып
сигнал берумен бір мезгiлде қол қимылымен немесе таяқшамен сигнал беру арқылы не
дыбыс күшейткiш құрылғының көмегiмен бiлдiрiледi. Сигналдар жүргiзушiге түсiнiктi
болуға және оларды орындау авариялық жағдай туғызбайтындай болуы үшін дер кезiнде
берiлуге тиiс.
Ескерту. 613-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
614-бап. Көлiк құралдарының жүруіне кедергi келтіру
Көлiк құралдарының жүруіне қасақана кедергi келтіру, сол сияқты көлiк жүрісі
қағидаларының сақталуын бақылауды жүзеге асыруға уәкiлеттiк берілген лауазымды
адамдардың мұндай кедергiлердi жою туралы талаптарын орындамау –
жеке тұлғаларға – үш, лауазымды адамдарға он айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
615-бап. Жаяу жүргiншiлердiң және жол жүрісіне өзге де
қатысушылардың жол жүрісі қағидаларын бұзуы
1. Жаяу жүргiншiлердiң және жол жүрісіне өзге де қатысушылардың жол жүрісі
қауiпсiздiгiн қамтамасыз ету қағидаларымен белгiленген талаптарды орындамауы –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, жәбiрленушiнiң денсаулығына
қылмыстық жазаланатын іс-әрекет белгiлерi жоқ зиян келтiруге әкеп соққан не
материалдық залал келтiрген әрекет –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Осы баптың бірінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан
кейін бір жыл ішінде қайталап жасаған әрекет –
он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Осы баптың екінші бөлігінде көзделген, әкімшілік жаза қолданылғаннан кейін
бір жыл ішінде қайталап жасалған әрекет –
жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға немесе үш тәулікке
әкімшілік қамаққа алуға әкеп соғады.
Ескертпе. Осы бапта жол жүрісіне өзге де қатысушылар деп мопедтердi,
велосипедтер мен ат-арба көлiгiн басқаратын адамдарды, жол бойымен жүк артылған,
мiнiс малын немесе табынды айдаушыларды, сондай-ақ көлiк құралдары жолаушыларын
түсiну керек.
616-бап. Механикалық көлiк құралдары мен олардың
тiркемелерiн мiндеттi техникалық қарап-тексеруді
ұйымдастыру және одан өткізу қағидаларын бұзу
1. Механикалық көлiк құралдары мен олардың тiркемелерiн мiндеттi техникалық
қарап-тексеруді ұйымдастыру және одан өткізу қағидаларын:
1) техникалық қарап-тексеру операторының қызметiне тексеру жүргiзу кезiнде
белгiленген, механикалық көлiк құралдары мен олардың тiркемелерiнiң техникалық жай-
күйiне сәйкес келмейтiн параметрлерді көрсете отырып, техникалық қарап-тексерудің
диагностикалық картасын беру;
2) мiндеттi техникалық қарап-тексеруді өткiзуден негiзсiз бас тарту;
3) механикалық көлiк құралдары мен олардың тiркемелерiн мiндеттi техникалық
қарап-тексерудің бiрыңғай ақпараттық жүйесiне мәлiметтерді ұсынбау;
4) техникалық қарап-тексеру орталығының орналасқан жерiнiң өзгергенi туралы
хабардар етпеу не уақтылы хабардар етпеу;
5) қызмет өңiрiнде мiндеттi техникалық қарап-тексеруді өткiзу кестесі туралы
халыққа ақпарат бермеу;
6) мiндеттi техникалық қарап-тексеруден өткізу кестесін бұзу;
7) техникалық қарап-тексеру операторының мiндеттi техникалық қарап-тексеруден
өткізбей, техникалық қарап-тексерудің диагностикалық картасын беруі;
8) міндетті техникалық қарап-тексеруді бақылау-диагностикалық жабдықты
пайдаланбай не ақаулы және (немесе) өлшеп тексеруден өтпеген бақылау-диагностикалық
жабдықты пайдалана отырып өткізу;
9) техникалық қарап-тексеру операторының міндетті техникалық қарап-тексеру
өткізілген күннен бастап алты ай ішінде күнделікті жазба бейнефайлдарының
мұрағаттық сақталуын қамтамасыз етпеуі;
10) міндетті техникалық қарап-тексеруден өткізу рәсімін бейне тіркеудің не
техникалық қарап-тексерудің диагностикалық картасында көлік құралын фототіркеудің
болмауы;
11) техникалық қарап-тексерудің бекітілген нысанға сәйкес келмейтін
диагностикалық картасын жасау және беру;
12) механикалық көлiк құралдары мен олардың тiркемелерiн мiндеттi техникалық
қарап-тексерудің бірыңғай ақпараттық жүйесіне мәліметтерді енгізбеу, сол сияқты
анық емес және (немесе) толық емес мәліметтерді енгізу;
13) техникалық қарап-тексеру орталығының өндірістік үй-жайы мен аумағының
мемлекеттік стандарттарда белгіленген талаптарға сәйкес келмеуі түрінде жасалған
бұзушылық –
шағын кәсiпкерлiк субъектiлерiне – он, орта кәсiпкерлiк субъектiлеріне –
жиырма, iрi кәсiпкерлiк субъектiлерiне отыз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
2. Механикалық көлiк құралдары мен олардың тiркемелерiн мiндеттi техникалық
қарап-тексеруден өткiзу және жөндеу, оларға техникалық қызмет көрсету жөнiндегi
көрсетiлетiн қызметтердi қоса атқару –
техникалық қарап-тексеру операторларының тiзiлiмiнен алып тастай отырып,
лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне – отыз, орта кәсiпкерлiк
субъектiлеріне – қырық, iрi кәсiпкерлiк субъектiлерiне елу айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
3. Техникалық қарап-тексеру орталығының аумағында механикалық көлiк құралдары
мен олардың тiркемелерiн жөндеу және оларға техникалық қызмет көрсету жөнiндегi
қызметтердi көрсету –
лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне – отыз, орта
кәсiпкерлiк субъектiлерiне – қырық, iрi кәсiпкерлiк субъектiлеріне елу айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Техникалық қарап-тексеру операторларының тiзiлiмiне енгiзген кезде көрiнеу
анық емес ақпарат беру –
техникалық қарап-тексеру операторларының тiзiлiмiнен алып тастай отырып,
лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне – отыз, орта кәсiпкерлiк
субъектiлерiне – қырық, iрi кәсiпкерлiк субъектiлеріне елу айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
5. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған іс-әрекеттер –
техникалық қарап-тексеру операторларының тiзiлiмiнен алып тастай отырып,
лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне – отыз, орта кәсiпкерлiк
субъектiлерiне – қырық, iрi кәсiпкерлiк субъектiлеріне елу айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
617-бап. Техникалық ақаулары бар көлiк құралдарын
пайдалануға шығару және пайдалану қағидаларын
өзге де бұзушылықтар
1. Осы Кодекстiң 619-бабында көзделген жағдайларды қоспағанда, көлiк
құралдарының техникалық жағдайына және пайдаланылуына жауапты тұлғалардың, жол
жүрісі қауiпсiздiгiн қамтамасыз етудiң белгiленген қағидаларының талаптарын
орындамауы –
лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне – он, орта кәсiпкерлiк
субъектiлерiне – жиырма, iрi кәсiпкерлiк субъектiлеріне қырық айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Жәбiрленушiнiң денсаулығына жеңiл зиян келтiруге немесе көлiк құралдарын,
жүктердi, жол құрылыстарын немесе өзге де құрылыстарды не өзге де мүлiктi бүлдіруге
әкеп соққан дәл сол әрекеттер –
лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне – жиырма, орта
кәсiпкерлiк субъектiлерiне – қырық, iрi кәсiпкерлiк субъектiлеріне елу айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
Ескерту. 617-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
618-бап. Көлік құралдары қауіпсіздігіне қойылатын
талаптарды қамтамасыз ету саласында белгіленген
нормаларды бұзып, жаңа көлік құралдарының
сәйкестігін растайтын сертификаттарды немесе
өзге де құжаттарды тану не беру
1. Жол жүрісіне қатысуға рұқсат беру үшін негіз болып табылатын көлік
құралдары қауіпсіздігіне қойылатын талаптарды қамтамасыз ету саласында белгіленген
нормаларды бұзып, көлік құралдарының сәйкестігін растайтын сертификаттарды немесе
өзге де құжаттарды тану не беру –
осы қызметпен айналысу құқығынан бір жыл мерзімге айыра отырып, екі жүз айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Осы баптың бірінші бөлігінде көзделген, көлік құралдарының немесе өзге де
мүлікті бүлдіруге әкеп соққан әрекеттер –
осы қызметпен айналысу құқығынан екі жыл мерзімге айыра отырып, үш жүз айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
3. Осы баптың бірінші бөлігінде көзделген, жеңіл және орташа ауырлықтағы дене
зақымын келтіруге әкеп соққан әрекеттер –
осы қызметпен айналысу құқығынан үш жыл мерзімге айыра отырып, бес жүз айлық
есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
Ескерту. 618-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
619-бап. Көлік құралдарын, сол сияқты тиiстi санаттағы
көлік құралдарын басқару құқығы жоқ не одан
айырылған жүргiзушiнi көлiк құралын басқаруға
жiберу
1. Көлiк құралдарының техникалық жағдайына және пайдаланылуына жауапты
тұлғаның көлiк құралын, сол сияқты тиiстi санаттағы көлік құралын басқару құқығы
жоқ не одан айырылған жүргiзушiнi көлiк құралын басқаруға жiберуi –
жеке тұлғаларға – жиырма, лауазымды адамдарға, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – отыз, орта кәсiпкерлiк
субъектiлерiне – қырық, iрi кәсiпкерлiк субъектiлеріне елу айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Жәбiрленушiнiң денсаулығына жеңiл зиян келтiруге немесе көлiк құралдарын,
жүктердi, жол құрылыстарын немесе өзге де құрылыстарды не өзге де мүлiктi бүлдіруге
әкеп соққан дәл сол әрекет –
жеке тұлғаларға – елу, лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне
немесе коммерциялық емес ұйымдарға – жетпіс, орта кәсiпкерлiк субъектiлерiне – бір
жүз, iрi кәсiпкерлiк субъектiлеріне бір жүз елу айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
620-бап. Жол жүрісіне қатысушыларға қойылатын өзге де
талаптарды бұзу
Кодекстiң осы тарауында тiзбеленбеген, жол жүрісі қауiпсiздiгiн қамтамасыз
ету қағидаларында белгiленген, жол жүрісіне қатысушыларға қойылатын өзге де
талаптарды бұзу –
ескерту жасауға немесе үш айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
Ескертпе. Хаттама жасау кезiнде жол жүрісі қауiпсiздiгiн қамтамасыз ету
қағидаларының нақты қандай нормасы бұзылғандығы көрсетiледi.
621-бап. Көлiкпен қауiптi заттектерді немесе нәрселерді
тасымалдау қағидаларын бұзу
1. Темiржол көлiгiнде қауiптi заттектерді немесе қол жүгi нәрселерін
тасымалдау қағидаларын бұзу –
ескерту жасауға немесе бiр айлық есептiк көрсеткiш мөлшерінде айыппұл салуға
әкеп соғады.
2. Теңiз және өзен көлiгiнде қауiптi заттектерді немесе нәрселерді
тасымалдау қағидаларын бұзу, сондай-ақ лауазымды адамдардың қауiптi заттектермен
немесе нәрселермен жасалатын операцияларды тиiстi құжаттарда тiркеу жөнiндегi
мiндеттердi орындамауы, бұрыс жазулар енгiзу немесе тиiстi лауазымды адамдарға
осындай құжаттарды көрсетуден заңсыз бас тарту –
ескерту жасауға немесе он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
3. Әуе кемелерiнде қауiптi заттектерді немесе нәрселерді тасымалдау
қағидаларын бұзу –
көрсетілген заттектер мен нәрселер тәркiлене отырып, он айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Автобуста, трамвайда, троллейбуста, маршруттық таксиде жарылу қаупi бар
заттектерді немесе нәрселерді алып жүру, сондай-ақ оларды автокөлiкте багажға
немесе сақтау камерасына тапсыру –
үш айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
622-бап. Қалалық және қала маңындағы қоғамдық көлікті
пайдалану қағидаларын бұзу
1. Трамвайды, троллейбусты, қалалық және қала маңына қатынайтын автобусты
немесе таксиді пайдалану қағидаларын көлік құралының тепкішектерінде және басқа да
шығып тұрған бөліктерінде тұрып жол жүру, жүрген кезде кіру және шығу, есіктердің
ашылуына және жабылуына кедергі келтіру, кесіп кететін нәрселерді тиісті қаптамасыз
алып жүру, сондай-ақ салонды және жолаушылардың киімдерін былғайтын нәрселер мен
заттарды тасымалдау түрінде жасалған бұзушылық –
бір айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Қоғамдық көлікте жол жүргені үшін ақы төлеуден жалтару – екі айлық есептік
көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
Ескерту. 622-бап жаңа редакцияда - ҚР 05.05.2015 № 312-V Заңымен (алғашқы
ресми жарияланған күнінен кейін күнтізбелік он күн өткен соң қолданысқа
енгізіледі).
623-бап. Жолаушыларды билетсiз алып жүру
Жолаушыларды билетсiз алып жүру:
1) халықаралық авиамаршруттарда ұшуды орындайтын әуе кемелерiнде –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады;
2) iшкі авиамаршруттарда ұшуды орындайтын әуе кемелерiнде –
сегіз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады;
3) халықаралық қатынастағы поездарда –
жеті айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады;
4) республикаiшiлiк қатынастағы поездарда –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады;
5) халықаралық қатынастағы теңіз кемелерінде –
жеті айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады;
6) республикаiшiлiк қатынастағы теңіз кемелерінде –
алты айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады;
7) халықаралық қатынастағы өзен кемелерінде –
алты айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады;
8) республикаiшiлiк қатынастағы өзен кемелерінде –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады;
9) трамвайда, троллейбуста, қалалық және қала маңына қатынайтын автобуста
және маршруттық таксиде –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады;
10) халықаралық, облысаралық қалааралық, ауданаралық (облысішілік қалааралық)
және ауданішілік қатынастағы автобуста –
жеті айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
624-бап. Темiржол көлiгiнде жол жүру құжаттарын
(билеттердi) сатуды, олардың қолданылу мерзiмiн
ұзартуды және билет кассаларының жұмысын
ұйымдастыру қағидаларын бұзу
Темiржол көлiгiнде жол жүру құжаттарын (билеттердi) сатуды, олардың қолданылу
мерзiмiн ұзартуды және билет кассаларының жұмысын ұйымдастыру қағидаларын бұзу –
шағын кәсiпкерлiк субъектiлерiне – бес, орта кәсiпкерлiк субъектiлерiне – он,
iрi кәсiпкерлiк субъектiлерiне отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
625-бап. Темiржол, теңiз, өзен және автомобиль көлiгiнде
жүктердiң сақталуын қамтамасыз ету қағидаларын
бұзу
1. Жүктердi тасымалдауға арналған жылжымалы составты, контейнерлердi, жүзетін
және басқа көлiк құралдарын, сондай-ақ тасымалдау бейімдеме құрылғыларын бүлдiру –
бес айлық есептiк көрсеткiш мөлшерде айыппұл салуға әкеп соғады.
2. Жүк вагондарының, автомобильдердiң, автомобиль тiркемелерiнiң,
контейнерлердiң, трюмдердiң және жүзетін құралдардың басқа да жүк салатын орын-
жайлардың пломбалары мен бекiту құрылғыларын бүлдiру, олардың пломбаларын жұлып
алу, жекелеген жүк орындары мен олардың қаптамасын, пакеттердi, жүк тасымалдауға
байланысты операцияларды орындау үшiн пайдаланылатын жүк аулаларының, темiржол
станцияларының, жүк автомобильдерi станцияларының, контейнер пункттерiнiң
(алаңдарының), порттар (кемежайлар) мен қоймалардың қоршауларын бүлдiру, сондай-ақ
жүк аулаларының, контейнер пункттерiнiң (алаңдарының), жүк аудандарының
(учаскелерiнiң), порттардың (кемежайлардың), шлюздердiң және жоғарыда аталған
қоймалардың аумағында тиiстi рұқсатсыз болу –
он айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
626-бап. Әуе көлiгiнде жүктердiң сақталуын қамтамасыз ету
жөнiндегi қағидаларды бұзу
1. Контейнерлердiң пломбалары мен бекiту құрылғыларын бүлдiру, олардың
пломбаларын жұлып алу, жекелеген жүк орындары мен олардың қаптамасын, пакеттердi,
сондай-ақ әуе көлiгiнде жүк тасымалдауға байланысты операцияларды орындау үшiн
пайдаланылатын қоймалардың қоршауларын бүлдiру –
он айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
2. Әуе көлiгiнде жүк тасымалдауға арналған контейнерлер мен көлiк құралдарын
бүлдiру –
он айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
627-бап. Тракторларды, өзге де өздiгiнен жүретiн машиналар
мен жабдықты пайдалану қағидаларын бұзу
Осы Кодекстiң 333, 334, 590, 610, 612, 617, 619-баптарында көзделген
қағидаларды қоспағанда, тракторларды, өзге де өздiгiнен жүретiн машиналар мен
жабдықты пайдалану қағидаларын бұзу –
жеке тұлғаларға үш айлық есептiк көрсеткiш мөлшерде айыппұл салуға әкеп
соғады.
628-бап. Ақылы автомобиль жолдарымен (учаскелерімен) жүріп
өткені үшін ақыны уақтылы төлемеу
Ақылы автомобиль жолдарымен (учаскелерімен) жүріп өткені үшін ақыны уақтылы
төлемеу –
жеке тұлғаларға – бес, заңды тұлғаларға он айлық есептік көрсеткіш мөлшерінде
айыппұл салуға әкеп соғады.
629-бап. Көлiк құралдарын басқаратын жеке тұлғалардың
пайдалану және жол жүрiсi қағидаларын үнемі
бұзуы
Ескерту. 629-бап алып тасталды - ҚР 29.12.2014 № 272-V (01.01.2015 бастап
қолданысқа енгізіледі).
630-бап. Жолдарды, темiржол өтпелерiн және басқа жол
құрылыстарын бүлдiру
1. Жолдарды, темiржол өтпелерiн және басқа да құрылыстарды немесе жол жүрісін
реттейтiн техникалық құралдарды бүлдiру, оның iшiнде жол жабындысын ластау не
арнайы бөлiнген жерлерден тыс жерлермен және жабындысы жетiлдiрiлген жолдармен мал
айдап өту арқылы бүлдiру, сондай-ақ түрлi құрылыстар орнату немесе жасыл екпелер
отырғызу немесе оларды уақтылы бұтамау салдарынан жол жүрісін реттейтін құралдардың
көрiнуiн шектеу –
жеке тұлғаларға – екі, лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне
– он, орта кәсiпкерлiк субъектiлерiне – жиырма, iрi кәсiпкерлiк субъектiлеріне отыз
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, жәбiрленушiнiң денсаулығына жеңiл
зиян келтiре отырып, көлiк құралдарын, жүктердi немесе өзге мүлiктi бүлдiре отырып,
жол-көлiк оқиғасына әкеп соққан бұзушылықтар –
жеке тұлғаларға – бес, лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне
– отыз, орта кәсiпкерлiк субъектiлерiне – елу, iрi кәсiпкерлiк субъектiлеріне бір
жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
Ескерту. 630-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
631-бап. Жолдарды, темiржол өтпелерiн және басқа жол
құрылыстарын күтiп-ұстау қағидаларын бұзу
1. Жолдарда жұмыс жүргiзу, жолдарды, темiржол өтпелерiн және жол құрылыстарын
күтiп-ұстау жөнiндегi талаптарды, жол жүрісі қауiпсiздiгiн қамтамасыз ету
қағидаларында белгiленген өзге де талаптарды орындамау –
лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне – он, орта кәсiпкерлiк
субъектiлерiне – он бес, iрi кәсiпкерлiк субъектiлеріне отыз айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, жәбiрленушiнiң денсаулығына жеңiл
зиян келтiре отырып, көлiк құралдарын, жүктердi, жолдарды, жол құрылыстарын және
басқа да құрылыстарды немесе өзге де мүлiктi бүлдiре отырып, жол-көлiк оқиғасына
әкеп соққан әрекеттер -
лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне – он бес, орта
кәсiпкерлiк субъектiлерiне – жиырма, iрi кәсiпкерлiк субъектiлеріне отыз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
Ескерту. 631-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
632-бап. Жерасты коммуникациялардың қарау құдықтарын
күтiп-ұстау қағидаларын жол жүрісі
қауiпсiздiгiне қатер төндiре отырып бұзушылық
1. Жолдардың жүру бөлiгіндегi жерасты коммуникациялардың қарау құдықтарын
күтiп-ұстау қағидаларын бұзу, сол сияқты жолдың үстiне судың, техникалық
сұйықтардың, будың шығып кетуiне және соның салдарынан жол бетінің бұзылуына, жол
үстiне мұздың қатуына, көрiнудің шектелуiне және басқа кедергiлерге әкеп соғатын
жер асты коммуникациялардың ақауларын жоюға шаралар қолданбау –
лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – он, орта кәсiпкерлiк субъектiлерiне – жиырма, iрi кәсiпкерлiк
субъектiлеріне отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Адамдардың денсаулығына жеңiл зиян келтiре отырып, көлiк құралдарын,
жүктердi және өзге де мүлiктi бүлдiре отырып, жол-көлiк оқиғасына әкеп соққан дәл
сол бұзушылықтар –
лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – он бес, орта кәсiпкерлiк субъектiлерiне – отыз, iрi кәсiпкерлiк
субъектiлеріне қырық айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
Ескерту. 632-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
633-бап. Автомобиль жолдарына бөлiнген жолақта қорғау мен
пайдалану қағидаларын бұзу
1. Белгiленген тәртiппен келiсiп алмай, автомобиль жолдарына бөлiнген жолақта
жер резервтерiн жырту, екпелердi шабу, түбiрiмен қопару және бүлдiру, жердiң шымын
және топырағын алу, материалдар мен жүктерді жинап қою, топографиялық және басқа да
жұмыстарды жүргiзу, жол қиылыстары мен кiрме жолдарды жабдықтау, ғимараттарды,
жерасты және жерүстi құрылыстарын немесе коммуникацияларын тұрғызу, жарнаманы және
өзге де ақпаратты орнату, сондай-ақ бөлiнген жолақ шегiнде белгiленгеннен тыс жерде
от жағу, мал жаю, қоқыс пен қар төгу, сауда жасау, жолдың су ағар жүйесiне
кәріздік, өнеркәсiптiк, мелиорациялық және сарқынды суларды ағызу не жол жиегiн
арық ретiнде пайдалану –
жеке тұлғаларға – үш, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – жиырма, орта кәсiпкерлiк субъектiлерiне – отыз, iрi кәсiпкерлiк
субъектiлеріне елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, адамдарға жеңiл дене зақымдарын
келтіре отырып, көлiк құралдарын немесе өзге де мүлiктi бүлдiре отырып, жол-көлiк
оқиғасына әкеп соққан не осы баптың бiрiншi бөлiгiнде көзделген әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасалған бұзушылықтар –
жеке тұлғаларға – бес, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – жиырма бес, орта кәсiпкерлiк субъектiлерiне – қырық, iрi
кәсiпкерлiк субъектiлеріне бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
634-бап. Жер пайдаланушылардың автомобиль жолдарын және
жол құрылыстарын пайдалану мен қорғау
қағидаларын бұзуы
Жаяу жүргінші жолдары мен өткел (өтпе) көпiрлердi, автомобиль жолдарын су
басып кетуiне және автомобиль жолдарына бөлiнген жолаққа iргелес жер
пайдаланушыларға бекiтiлiп берiлген учаскелердегi бөлiнген белдеудiң батпақтануына
жол беретiн суғару жүйелерiн жайластыру, жөндеу және ұдайы тазарту жөнiндегi
мiндеттердi, сондай-ақ осы пайдаланушыларға бекiтiлiп берiлген учаскелерден шығатын
жолдарды немесе өтпе көпiрлердi қоса алғанда, жалпыға ортақ пайдаланылатын
автомобиль жолдарына кiрме жолдарды техникалық жағынан жарамды күйде және таза етiп
күтiп-ұстау жөнiндегi мiндеттердi орындамау –
жеке тұлғаларға – үш, шағын кәсiпкерлiк субъектiлерiне немесе коммерциялық
емес ұйымдарға – он, орта кәсiпкерлiк субъектiлерiне – жиырма, iрi кәсiпкерлiк
субъектiлеріне отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
635-бап. Магистральдық құбыржолдарын қорғау қағидаларын
бұзу
Магистральдық құбыр жолдарын қорғау қағидаларын бұзу –
ескерту жасауға немесе жеке тұлғаларға – бір, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – он, орта кәсiпкерлiк
субъектiлерiне – жиырма, iрi кәсiпкерлiк субъектiлеріне отыз айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
31-тарау. АҚПАРАТТАНДЫРУ ЖӘНЕ БАЙЛАНЫС САЛАСЫНДАҒЫ ӘКІМШІЛІК
ҚҰҚЫҚ БҰЗУШЫЛЫҚТАР 636-бап. Электр байланысы желiлерiне шеткі құрылғыларды
(жабдықты) заңсыз қосу
1. Электр байланысы желiлерiне шеткі құрылғыларды (жабдықты) заңсыз қосу -
ескерту жасауға немесе жеке тұлғаларға – бес, шағын кәсiпкерлiк
субъектiлерiне немесе коммерциялық емес ұйымдарға – жиырма, орта кәсiпкерлiк
субъектiлерiне – қырық, iрi кәсiпкерлiк субъектiлеріне бір жүз айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
шеткі құрылғылар (жабдық) тәркiлене отырып, жеке тұлғаларға – он, шағын
кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – отыз бес, орта
кәсiпкерлiк субъектiлерiне – алпыс, iрi кәсiпкерлiк субъектiлеріне үш жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпе. Шеткі құрылғылар (жабдық) деп желiлерге қосылатын және
абоненттердiң пайдалануындағы, абоненттер жiберген ақпаратты байланыс арналары
арқылы беру және қабылдау үшiн электр және радиобайланысы сигналдарын
қалыптастырудың техникалық құралдары (радиотрансляциялық нүктелер, телефон
аппараттары, телефакстер, деректердi беру құрылғылары, әртүрлi телематикалық
қызметтердiң шеткі құрылғылары, кәбілдiк теледидар жабдығы, телефон арнасының
ұзартқыштары, радиотелефондар және басқалар) түсiнiледi.
637-бап. Қазақстан Республикасының байланыс саласындағы
заңнамасын бұзу
1. Қазақстан Республикасының байланыс саласындағы заңнамасын:
1) үстем байланыс операторының телекоммуникация желiлерiн ортақ
пайдаланылатын телекоммуникация желiлерiне жалғаудан негiзсiз бас тартуы, сондай-ақ
трафиктi өткiзу тәртiбiн бұзу;
2) телекоммуникация желiлерiн ортақ пайдаланылатын телекоммуникация
желiлерiне жалғаудың Қазақстан Республикасының байланыс саласындағы заңнамасында
көзделген мерзiмдерiн бұзу;
3) трафикті өткізу және өзара есеп айырысу тәртібін қоса алғанда, байланыс
операторларының телекоммуникация желілерін жалғау деңгейлерін бұзуы;
4) шұғыл медициналық, құқық қорғау, өрт, авариялық, анықтамалық және басқа да
қызметтерді тегін жалғау нөмірлерімен байланысты өшіру және (немесе) шектеу;
5) байланыс операторының тарифтеу бірліктері мөлшерлерін сақтамауы;
6) байланыс операторларының өз желілерінде қалааралық және (немесе)
халықаралық телефон байланысы операторын таңдау бойынша абоненттердің құқығын
шектеуі;
7) көрсетілетін зияткерлік қызметтерге (лотерея, дауыс беру, телевикторина,
викторина, анықтамалық-ақпараттық қызметтер, танысу қызметтері) қол жеткізуді ұсыну
кезінде абоненттерді жалғанымның құны туралы хабардар етпеу;
8) пайдаланушыларға сапасы бойынша стандарттарға, техникалық нормаларға және
көрсетілетін байланыс қызметтерінің сапа көрсеткіштеріне сәйкес келмейтін байланыс
қызметтерін көрсету;
9) радиожиілік спектрін байланыс түрінің және (немесе) стандарттың мақсатына
сай пайдаланбау, сол сияқты радиожиілік спектрінің және радиоэлектрондық
құралдардың техникалық параметрлерінің арнайы рұқсатта көрсетілген деректерге
сәйкес болмауы;
10) байланыс операторының ұялы байланыс желілерінде абоненттік нөмірлерді
көшіруді жүзеге асыру тәртібін, сондай-ақ абоненттік нөмірлерді көшіру қызметтерін
көрсету кезінде абоненттік нөмірлер дерекқорының операторымен ұйымдастырушылық-
техникалық өзара іс қимылды сақтамауы түрінде жасалған бұзушылық –
лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне – жиырма, орта
кәсiпкерлiк субъектiлерiне – қырық, iрi кәсiпкерлiк субъектiлерiне бір жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған іс-әрекеттер –
лауазымды адамдарға, шағын кәсiпкерлiк субъектiлерiне – қырық, орта
кәсiпкерлiк субъектiлерiне – сексен, iрi кәсiпкерлiк субъектiлерiне екі жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Абоненттер туралы қызметтiк ақпаратты жинау және сақтау жөнiндегi мiндеттi
бұзу –
шағын кәсiпкерлiк субъектiлерiне – елу, орта кәсiпкерлiк субъектiлерiне – бір
жүз, iрi кәсiпкерлiк субъектiлерiне бес жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
4. Осы баптың үшiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан кейiн
бiр жыл iшiнде қайталап жасалған әрекет –
жекелеген қызмет түрін немесе белгілі бір қызмет түріне лицензияның
қолданылуын үш айға дейін тоқтата тұрып, шағын кәсiпкерлiк субъектiлерiне – бір
жүз, орта кәсiпкерлiк субъектiлерiне – екі жүз, iрi кәсiпкерлiк субъектiлерiне бір
мың айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
638-бап. Сәйкестiгi мiндеттi расталуға жататын, бiрақ одан
өтпеген байланыс құралдарын пайдалану
1. Қазақстан Республикасының бiрыңғай телекоммуникация желiсінде техникалық
реттеу саласында сәйкестiгi мiндеттi расталуға жататын және одан өтпеген техникалық
байланыс құралдарын пайдалану, сол сияқты электромагниттiк сәулелену көзi болып
табылатын радиоэлектрондық құралдар мен жоғары жиiлiкті құрылғыларды, пошта
байланысының техникалық құралдарын пайдалану –
ескерту жасауға немесе жеке тұлғаларға – бес, шағын кәсiпкерлiк
субьектілеріне немесе коммерциялық емес ұйымдарға – алпыс, орта кәсіпкерлік
субъектілеріне – бір жүз, iрi кәсiпкерлiк субъектiлерiне екi жүз елу айлық есептiк
көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
ескерту жасауға немесе сертификатталмаған байланыс құралдары тәркілене
отырып, жеке тұлғаларға – он, шағын кәсiпкерлiк субьектілеріне немесе коммерциялық
емес ұйымдарға – бір жүз жиырма, орта кәсiпкерлiк субъектiлерiне – бір жүз елу, iрi
кәсiпкерлiк субъектiлерiне үш жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
639-бап. Ақпараттық ресурстарды қорғау құралдарын
пайдалану жөнiндегi талаптарды бұзу
Ақпараттық ресурстарды қорғау құралдарын пайдалану жөнiндегi талаптарды бұзу
-
ескерту жасауға немесе жеке тұлғаларға – он, лауазымды адамдарға, шағын
кәсiпкерлiк субьектілеріне немесе коммерциялық емес ұйымдарға – жиырма, орта
кәсiпкерлiк субъектiлерiне – отыз, iрi кәсiпкерлiк субъектiлерiне екi жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
640-бап. Қазақстан Республикасының электрондық құжат және
электрондық цифрлық қолтаңба туралы заңнамасын
бұзу
1. Куәландырушы орталықтың Қазақстан Республикасының электрондық құжат және
электрондық цифрлық қолтаңба туралы заңнамалық актiсінде көзделген мiндеттердi
орындамауы –
екi жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Тiркеу куәлiгi иесiнiң Қазақстан Республикасының электрондық құжат және
электрондық цифрлық қолтаңба туралы заңнамалық актiсінде көзделген мiндеттердi
орындамауы –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3. Басқа тұлғаның электрондық цифрлық қолтаңбасының жабық кiлтін құқыққа
сыйымсыз алуы және (немесе) пайдалануы –
ескерту жасауға немесе жеке тұлғаларға – он, лауазымды адамдарға, шағын
кәсiпкерлiк субьектілеріне немесе коммерциялық емес ұйымдарға – жиырма, орта
кәсiпкерлiк субъектiлерiне – бір жүз, iрi кәсiпкерлiк субъектiлерiне екi жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Электрондық құжат айналымы жүйесiне қатысушылардың Қазақстан
Республикасының электрондық құжат және электрондық цифрлық қолтаңба
туралы заңнамалық актiсінде көзделген мiндеттердi орындамауы –
жеке тұлғаларға – он, лауазымды адамдарға, шағын кәсiпкерлiк субьектілеріне
немесе коммерциялық емес ұйымдарға – жиырма, орта кәсiпкерлiк субъектiлерiне –
қырық, iрi кәсiпкерлiк субъектiлерiне екi жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
641-бап. Қазақстан Республикасының ақпараттандыру туралы
заңнамасын бұзу
Жеке және заңды тұлғалар туралы құпиялы мәлiметтер қамтитын электрондық
ақпараттық ресурстарды мүлiктiк және моральдық зиян келтiру, Қазақстан
Республикасының заңнамалық актiлерiнде кепiлдiк берiлген құқықтар мен
бостандықтарды iске асыруды шектеу мақсатында пайдалану –
ескерту жасауға немесе жеке тұлғаларға – он, лауазымды адамдарға, шағын
кәсiпкерлiк субьектілеріне немесе коммерциялық емес ұйымдарға – жиырма, орта
кәсiпкерлiк субъектiлерiне – қырық, iрi кәсiпкерлiк субъектiлерiне екi жүз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
32-тарау. ӘСКЕРИ МІНДЕТТІЛІК, ӘСКЕРИ ҚЫЗМЕТ ПЕН ҚОРҒАНЫС
САЛАСЫНДАҒЫ ӘКІМШІЛІК ҚҰҚЫҚ БҰЗУШЫЛЫҚТАР
642-бап. Бастапқы әскери есепке қоюға не әскерге шақыру
учаскелерiне тiркелуге жататын азаматтардың
тiзiмдерiн жергiлiктi әскери басқару органына
ұсынбау немесе уақтылы ұсынбау
Бастапқы әскери есепке қоюға не әскерге шақыру учаскелерiне тiркелуге жататын
азаматтардың тiзiмдерiн белгіленген мерзімде жергiлiктi әскери басқару органына
ұсынбау немесе уақтылы ұсынбау –
ұйымдардың, оқу орындарының лауазымды адамдарына, сондай-ақ тұрғын үйлердi
пайдалануды жүзеге асыратын ұйымдардың лауазымды адамдарына және үй иелерiне – он,
ұйымдардың, оқу орындарының бірінші басшыларына – он бес, шағын кәсіпкерлік
субъектілеріне – жиырма, орта кәсiпкерлiк субъектiлерiне – отыз, iрi кәсiпкерлiк
субъектiлерiне қырық айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
643-бап. Азаматтық қорғаныс iс-шараларының орындалмауына
әкеп соққан құқыққа қарсы әрекеттер
(әрекетсiздiк)
Азаматтық қорғаныс iс-шараларының орындалмауына әкеп соққан құқыққа қарсы
әрекеттер (әрекетсiздiк) –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
644-бап. Азаматтарды жергiлiктi әскери басқару органының
шақыруы туралы құлақтандырмау
Азаматтарды ұйым басшысының немесе әскери-есепке алу жұмысына жауапты басқа
да жауапты тұлғасының жергiлiктi әскери басқару органының шақыруы туралы
құлақтандырмауы, сол сияқты азаматтарға жергiлiктi әскери басқару органының шақыруы
бойынша уақтылы келу мүмкiндiгiн қамтамасыз етпеуі –
он айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
645-бап. Әскери есепте тұрған немесе тұруға мiндеттi
тұрғылықты азаматтар құрамындағы өзгерiстер
туралы мәлiметтердi уақтылы ұсынбау
Әскери есепте тұрған немесе тұруға мiндеттi тұрақты тұрып жатқан азаматтар
құрамындағы өзгерiстер туралы мәлiметтердi әскери есеп жүргiзу жүктелген органдарға
уақтылы ұсынбау –
он айлық есептiк көрсеткiшке дейiнгi мөлшерде айыппұл салуға әкеп соғады.
646-бап. Әскери мiндеттiлер, әскерге шақырылушылар мен
азаматтар туралы мәлiметтердi хабарламау
1. Халықты әлеуметтік қорғау органы лауазымды адамының әскери есепте тұрған
немесе тұруға мiндеттi азаматтардың мүгедек деп танылуы туралы, сондай-ақ денсаулық
сақтау ұйымдары лауазымды адамының стационарлық емделудегі және диспансерлік
есептегі әскери міндеттілер мен әскерге шақырушылар туралы мәліметтерді жергiлiктi
әскери басқару органына белгiленген мерзiмде хабарламауы –
он айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
2. Азаматтық хал актiлерiн жазу органы лауазымды адамының жергiлiктi әскери
басқару органына әскери есепте тұрған немесе тұруға мiндеттi азаматтардың азаматтық
хал актiлерiнiң жазбаларына өзгерiстер енгiзiлгендігі туралы белгiленген мерзiмде
хабарламауы –
он айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
3. Ұйым басшысының немесе басқа лауазымды адамының әскери есепке алуды жүзеге
асыратын органға тұрғылықты жерi бойынша әскери есепке тұруға мiндеттi, бiрақ
тұрмаған, жұмысқа (оқуға) қабылданған азаматтар туралы хабарламауы –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
4. Анықтау және алдын ала тергеу органдарының хабардар етуге жауапты
лауазымды адамдарының анықтау немесе алдын ала тергеу оларға қатысты жүргізіліп
жатқан әскери міндеттілер мен әскерге шақырылушылар туралы жергілікті әскери
басқару органына заңнамада белгіленген мерзімде хабарламауы –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
5. Соттардың жергілікті әскери басқару органын хабардар етуге жауапты
лауазымды адамдарының сот оларға қатысты қылмыстық істер қарап жатқан әскери
міндеттілер мен әскерге шақырылушылар туралы, сондай-ақ оларға қатысты заңды күшіне
енген үкімдер туралы заңнамада белгіленген мерзімде хабарламауы –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
647-бап. Азаматтардың әскери есепке алу жөнiндегi
мiндеттерді орындамауы
Әскери есепте тұрған немесе тұруға мiндеттi азаматтың жергiлiктi әскери
басқару органының шақыруы бойынша көрсетілген мерзiмде дәлелді себепсіз келмеуi не
елді мекенге (әкімшілік ауданға) тұрақты тұрғылықты жерге немесе уақытша (үш айдан
астам мерзiмге) тұруға келуі, сондай-ақ қызметтік іссапарларға, оқуға, демалысқа
немесе емделуге (үш айдан астам мерзiмге) келіп, келген жері бойынша халыққа қызмет
көрсету орталығына жеті жұмыс күні ішінде әскери есепке қою туралы өтінішпен
жүгінуге міндетті азаматтың белгіленген мерзімде дәлелді себептерсіз келмеуі –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
648-бап. Медициналық тексерілуден немесе жиындардан
жалтару
1. Азаматтарды әскери есепке қою жөнiндегi комиссияның немесе әскерге шақыру
комиссиясының жолдамасы бойынша медициналық куәландырудан не тексерілуден жалтару –
әскери мiндеттiлерге – бес айлық есептiк көрсеткiш мөлшерiнде, ал әскерге
шақырылушыларға ескерту жасауға не үш айлық есептiк көрсеткiш мөлшерінде айыппұл
салуға әкеп соғады.
2. Әскери мiндеттiлердiң әскери жиындардан жалтаруы –
бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
649-бап. Әскери есепке алу құжаттарын қасақана бүлдiру
немесе жоғалту
Иесiнiң кiнәсiнан әскери билеттi немесе әскери қызметке шақырылуға жататын
азаматтың басқа да есептік-әскери құжаттарын қасақана бүлдiру немесе жою, сол
сияқты әскери билеттi немесе әскери қызметке шақырылуға жататын азаматтың басқа да
есептік-әскери құжаттарын жоғалту –
ескерту жасауға немесе бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
әкеп соғады.
650-бап. Әскери қызметке даярлықтан жалтару
Әскерге шақырылушылардың жергiлiктi әскери басқару органдарының жолдамасымен
әскери-техникалық мамандықтар бойынша әскери қызметке даярлықтан жалтаруы немесе
оқу ұйымдарының сабақтарына дәлелді себептерсіз қатыспау –
ескерту жасауға немесе бiр айлық есептiк көрсеткiш мөлшерінде айыппұл салуға
әкеп соғады.
651-бап. Азаматтарды мерзімді әскери қызметке және
келісімшарт бойынша әскери қызметке заңсыз
шақыру, оларға заңсыз кейiнге қалдыруды беру
Азаматтарды мерзiмдi әскери қызметке және келісімшарт бойынша әскери қызметке
заңсыз шақыру не оларға заңсыз кейiнге қалдыруды беру –
он жетi айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
652-бап. Қазақстан Республикасының әскери қызмет
саласындағы заңнамасын бұзу
Ескерту. Тақырып жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
1. Әскери қызмет мiндеттерiн орындау кезінде немесе орындауға байланысты бiр
әскери қызметшiнiң екiншiні қорлауы –
жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға немесе он
тәулікке дейін әкімшілік қамаққа алуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекет –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға немесе он бес тәулікке
дейін әкімшілік қамаққа алуға әкеп соғады.
3. Бейбіт уақытта, әскерге шақыру немесе келісімшарт бойынша әскери қызмет
өткеріп жүрген әскери қызметші жасаған, ұзақтығы екі тәуліктен асатын, бірақ он
тәуліктен аспайтын уақытқа бөлімді немесе қызмет орнын өз бетімен тастап кету, сол
сияқты бөлімнен босатылу, тағайындалу, ауыстырылу кезінде, іссапардан, демалыстан
немесе емдеу мекемесінен қызметке дәлелсіз себептермен мерзімінде келмеу –
жиырма бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға немесе он
тәулікке дейінгі мерзімге әкімшілік қамаққа алуға әкеп соғады.
4. Осы баптың үшінші бөлігінде көзделген, ұзақтығы он тәуліктен асатын, бірақ
бір айдан аспайтын уақыттағы әрекеттер –
елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға немесе он бес тәулікке
дейінгі мерзімге әкімшілік қамаққа алуға әкеп соғады.
5. Қоғамдық тәртіпті қорғау және қоғамдық қауіпсіздікті қамтамасыз ету
жөніндегі әскери нарядтың құрамына кіретін адамның қызмет өткеру қағидаларын бұзуы,
егер бұл әрекетте қылмыстық жаза қолданылатын іс-әрекет белгілері болмаса, –
он айлық есептік көрсеткіш мөлшерінде айыппұл салуға не бес тәулікке дейін
әкімшілік қамаққа алуға әкеп соғады.
6. Бағынбау, яғни бастықтың бұйрығын орындаудан ашықтан-ашық бас тарту, сол
сияқты қызмет мүдделеріне елеулі зиян келтірмеген, бастықтың белгіленген тәртіппен
берген бұйрығын бағыныштының өзгедей қасақана орындамауы –
жиырма бес айлық есептік көрсеткіш мөлшерінде айыппұл салуға немесе он бес
тәулікке дейінгі мерзімге әкімшілік қамаққа алуға әкеп соғады.
Ескерту. 652-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
652-1-бап. Бағынбау немесе бұйрықты өзгедей орындамау
Ескерту. 32-тарау 652-1-баппен толықтырылды - ҚР 07.11.2014 № 248-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
Ескерту. 652-1-бап алып тасталды - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
652-2-бап. Бөлiмдi немесе қызмет орнын өз бетiмен тастап
кету
Ескерту. 32-тарау 652-2-баппен толықтырылды - ҚР 07.11.2014 № 248-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
Ескерту. 652-2-бап алып тасталды - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
652-3-бап. Қоғамдық тәртiптi қорғау және қоғамдық
қауiпсiздiктi қамтамасыз ету бойынша қызмет
атқару қағидаларын бұзу
Ескерту. 32-тарау 652-3-баппен толықтырылды - ҚР 07.11.2014 № 248-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
Ескерту. 652-3-бап алып тасталды - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
33-тарау. МЕМЛЕКЕТТIК БИЛIК ИНСТИТУТЫНА ҚОЛ СҰҒАТЫН ӘКIМШIЛIК
ҚҰҚЫҚ БҰЗУШЫЛЫҚТАР
653-бап. Сотты құрметтемеушілік
1. Процеске қатысушылардың және өзге де адамдардың қатысуынсыз соттың iстi
одан әрi қарауы мүмкiн болмайтын жағдайларда, олардың шақыру қағазы, хабарлау,
хабардар ету немесе шақыру бойынша сотқа дәлелді себептерсіз келмеуінен, сот
отырысында төрағалық етушiнiң өкiмдерiне бағынбаудан, сотта белгіленген қағидаларды
бұзудан көрiнген сотты құрметтемеушiлiк, сондай-ақ сотты және (немесе) судьяны
құрметтемеушiлiк туралы анық көрінетін өзге де әрекеттер (әрекетсiздiк) –
ескерту жасауға не жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға
не бес тәулікке дейінгі мерзімге әкімшілік қамаққа алуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер (әрекетсiздiк) –
отыз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға не он тәулікке дейінгі
мерзімге әкімшілік қамаққа алуға әкеп соғады.
654-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша iс
жүргізуге қатысушылардың жауаптылығы
Iс жүргізуге қатысушының әкiмшiлiк құқық бұзушылық туралы iстi қарайтын
органға (лауазымды адамға) iс бойынша талқылауды кейiнге қалдыруға себепшi болған
дәлелді себепсіз келуден бас тартуы немесе келмеуі –
он айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
655-бап. Алқабидiң мiндеттерiн атқару үшiн сотқа келмеу
Алқабидiң мiндеттерiн атқару үшiн азаматтың шақыру бойынша дәлелді
себептерсіз сотқа келмеуi –
ескерту жасауға немесе жеке тұлғаларға он айлық есептік көрсеткіш мөлшерiнде
айыппұл салуға әкеп соғады.
656-бап. Алқабиге кандидаттардың тiзiмдерiн жасау үшiн
ақпарат бермеу
Алқабиге кандидаттардың тiзiмдерiн жасау үшiн жергiлiктi атқарушы органдарға
қажеттi ақпарат бермеу, сол сияқты бұрыс ақпарат беру –
ескерту жасауға немесе он бес айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға әкеп соғады.
657-бап. Алқабидiң сот талқылауында iстi қарауға
байланысты міндеттерді орындамауы, сондай-ақ
шектеулердi сақтамауы
1. Алқабидiң сот талқылауында iстi қарауға байланысты, Қазақстан
Республикасының заңдарында белгiленген міндеттерді орындамауы, сондай-ақ
шектеулердi сақтамауы –
жеке тұлғаларға жиырма айлық есептік көрсеткіш мөлшерiнде айыппұл салуға әкеп
соғады.
2. Алқабиді істі қарауға одан әрі қатысудан шеттетуге әкеп соққан дәл сол
әрекеттер –
жеке тұлғаларға екі жүз айлық есептік көрсеткіш мөлшерiнде айыппұл салуға
әкеп соғады.
658-бап. Куәнiң айғақтар беруден бас тартуы немесе
жалтаруы
Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттiк берілген орган
(лауазымды адам) куә ретiнде сауал қоюға жататын адамның айғақтар беруден дәлелді
себептерсіз бас тартуы немесе келмеуі –
екi айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
659-бап. Куәнiң, жәбiрленушiнiң көрiнеу жалған айғақтары,
сарапшының көрiнеу жалған қорытындысы немесе
көрінеу дұрыс емес аударма
1. Әкiмшiлiк құқық бұзушылық туралы iстi қараған кезде және медициналық
қызмет сараптамасын жүргiзу барысында органға (лауазымды адамға) куәнiң,
жәбiрленушiнiң көрiнеу жалған айғақтары, сарапшының көрiнеу жалған қорытындысы,
сондай-ақ сондай жағдайларда аудармашы жасаған көрiнеу дұрыс емес аударма –
жеке тұлғаларға – он, лауазымды адамдарға жиырма айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Сарапшылар медициналық қызмет сараптамасын жүргiзу кезiнде әкiмшiлiк жаза
қолданылғаннан кейiн бiр жыл iшiнде қайталап жасаған дәл сол іс-әрекеттер –
жеке тұлғаларға – жиырма, лауазымды адамдарға отыз айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
Ескертпе. Егер куә, жәбiрленушi, сарапшы немесе аудармашы әкiмшiлiк құқық
бұзушылық туралы iстi қарау барысында осыған уәкiлеттiк берілген орган (лауазымды
адам) iс бойынша шешiм шығарғанға дейiн өздерi берген айғақтардың, қорытындының
жалғандығы немесе дұрыс емес аударма туралы ерiктi түрде мәлiмдесе, олар әкiмшiлiк
жауаптылықтан босатылады.
660-бап. Әкімшілік құқық бұзушылықты жасыру
және әкiмшiлiк құқық бұзушылық туралы
iстер бойынша дәлелдемелердi бұрмалау
1. Әкімшілік құқық бұзушылық туралы хаттама жасауға уәкілетті лауазымды
адам жасаған, құқық бұзушылық құрамы бар болған әкімшілік құқық бұзушылық туралы іс
бойынша iс жүргiзуді қозғау жөніндегі шараларды мерзiмiнiң өтуі ішінде қасақана
қолданбауы, егер бұл әрекетте қылмыстық жаза қолданылатын іс-әрекет белгілері
болмаса, –
елу айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп соғады.
2. Әкiмшiлiк құқық бұзушылық туралы iстер бойынша дәлелдемелердi бұрмалау,
егер бұл әрекет адамның денсаулығына зиян келтіруге немесе елеулі залал келтiруге
әкеп соқпаса, –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
Ескерту. 660-бап жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
661-бап. Лауазымды адамның сараптама жүргiзу туралы
қаулыны немесе тапсырманы не маманды шақыру
туралы талапты орындаудан бас тартуы немесе
жалтаруы
Мемлекеттiк қадағалау және бақылау органының қаулысы немесе тапсырмасы
жiберiлген лауазымды адамның сараптама жүргiзуден не бақылау жүргiзуге, құжаттар
ресiмдеу ісін жүргiзуге, әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзуге
немесе оны қарауға қатысу үшiн маманды шақыру туралы талаптан не оларды орындаудан
дәлелді себептерсіз бас тартуы немесе жалтаруы –
жиырма айлық есептiк көрсеткiш мөлшерде айыппұл салуға әкеп соғады.
662-бап. Айыпталушының (күдіктінің) келетiндiгi туралы
жеке кепiлгерлiктi бұзу
Айыпталушының (күдіктінің) анықтауды жүргiзетiн адамға, тергеушiге немесе
сотқа келуi туралы жазбаша кепiлгерлiк берген адамдардың оны айыпталушының
(күдіктінің) тергеуден немесе соттан жалтаруына әкеп соққан бұзуы немесе орындамауы
–
үш айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
663-бап. Кәмелетке толмаған айыпталушының (күдіктінің)
келуiн қамтамасыз ету туралы мiндеттеменi бұзу
Ата-ананың, қорғаншының, қамқоршының немесе арнаулы жабық балалар мекемесi
әкiмшiлiгi өкiлiнiң қарамағына қарауға берiлген кәмелетке толмаған айыпталушының
(күдіктінің) тергеушiге, анықтаушыға немесе сотқа келуiн қамтамасыз ету туралы
өздерi жазбаша берген мiндеттемені айыпталушының (күдіктінің) тергеуден және соттан
жалтаруына әкеп соққан бұзушылығы –
бiр айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
664-бап. Соттың жекеше ұйғарымы, қаулысы, прокурордың,
тергеушiнiң немесе анықтаушының ұсынуы бойынша
шаралар қолданбау
Лауазымды адамның соттың жекеше ұйғарымын, қаулысын, прокурордың, тергеушiнiң
немесе анықтаушының ұсынуын қараусыз қалдыруы не оларда көрсетiлген заң
бұзушылықтарды жоюға шара қолданбау, сол сияқты жекеше ұйғарымға, қаулыға немесе
ұсынуға уақтылы жауап қайтармау –
сегiз айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
665-бап. Прокурорға, тергеушiге және анықтау органына, сот
орындаушысына, сот приставына келмеу
1. Прокурордың, тергеушiнің, анықтау органының шақыруы бойынша айғақтар беру
үшін, сот орындаушысына, сот приставына атқарушылық іс жүргізу мәселелері бойынша
келмеу, сол сияқты айғақтар беруден бас тарту немесе көрiнеу жалған айғақтар беру –
жеке тұлғаларға – үш, лауазымды адамдарға он айлық есептiк көрсеткiш
мөлшерінде айыппұл салуға әкеп соғады.
2. Прокурордың, тергеушiнің, анықтаушының заңда белгіленген негіздерде және
тәртіппен қойған талаптарын орындамау –
жеке тұлғаларға – жиырма, лауазымды адамдарға елу айлық есептік көрсеткіш
мөлшерінде айыппұл салуға не бес тәулікке дейін әкімшілік қамаққа алуға әкеп
соғады.
666-бап. Прокурорды хабардар етпеу немесе уақтылы хабардар
етпеу
Мемлекеттiк органның заңнамалық актiлерге сәйкес мұндай хабардар етуді талап
ететiн әрекеттерді жүргiзуі туралы прокурорды хабардар етпеуі немесе уақтылы
хабардар етпеуі –
екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
667-бап. Прокурордың, тергеушiнiң, анықтаушының, сот
приставының, сот орындаушысының заңды қызметiне
кедергi келтіру
Прокурордың, тергеушiнiң, анықтаушының, сот приставының, сот орындаушысының
заңды қызметiне мемлекеттiк органның, ұйымның ғимаратына, үй-жайына немесе аумағына
қызметтiк куәлiгiн көрсетуі бойынша кедергiсiз кiргiзуден, сондай-ақ қажеттi
құжаттарды, материалдарды, статистикалық және өзге де мәлiметтердi ұсынудан,
тексерулер, ревизиялар мен сараптамалар жүргiзілуінен, мамандарды бөлуден бас
тартудан көрiнген кедергi келтіру, сол сияқты талаптарды орындамау –
ескерту жасауға немесе лауазымды адамдарға жиырма айлық есептiк көрсеткiш
мөлшерінде айыппұл салуға не бес тәулiкке дейiн әкiмшiлiк қамаққа алуға әкеп
соғады.
668-бап. Адвокаттың заңды қызметiне кедергi келтіру
Адвокаттың не адвокаттар алқасының, заң консультациясының, адвокат кеңсесiнiң
заңды қызметiн жүзеге асыруға, жазбаша сұрау салу бойынша қажеттi құжаттарды,
материалдарды немесе өздерінің кәсiптiк мiндеттерiн жүзеге асыру үшiн қажет болатын
мәлiметтердi заңнамада белгiленген мерзiмдерде ұсынбаудан не ұсынудан бас тартудан
көрiнген лауазымды адамның кедергi келтіруі, егер бұл әрекеттерде қылмыстық
жазаланатын iс-әрекет белгiлерi болмаса, –
жиырма айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
669-бап. Сот үкiмiн, сот шешiмiн немесе өзге де сот
актiсiн және атқарушылық құжатты орындамау
Сот үкiмiн, сот шешiмiн немесе өзге де сот актiсiн және атқарушылық құжатты
орындамау –
жеке тұлғаларға – он, лауазымды адамдарға, жекеше нотариустарға, жеке сот
орындаушыларына, адвокаттарға – жиырма айлық есептiк көрсеткiш мөлшерiнде айыппұл
салуға немесе бес тәулікке дейін әкімшілік қамаққа алуға, шағын кәсiпкерлiк
субъектiлерiне – отыз, орта кәсiпкерлiк субъектiлерiне – қырық, iрi кәсiпкерлiк
субъектiлерiне елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
670-бап. Сот орындаушысының, сот приставының қаулысын және
өзге де заңды талабын орындамау
1. Лауазымды және жеке тұлғалардың – сот орындаушысының атқарушылық құжатты
орындаумен байланысты қаулыларын және заңды талаптарын, оның iшiнде оларға
тағайындалған мерзiмде борышкердiң жұмыс орны мен оның кірістері, атқарушылық
құжатқа сәйкес ұстап қалудың жүргiзілгені және өндiрiп алынған соманың өндiрiп
алушыға жіберілгендігі туралы, борышкердiң өзге де жеке және заңды тұлғалардағы
ақша сомалары мен мүлкiне өндiрiп алудың қолданылғаны жөнiнде мәліметтерді ұсыну
туралы заңды талаптарын дәлелді себептерсіз орындамауы –
жеке тұлғаларға – он, заңды тұлғаларға жиырма айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
2. Сот орындаушысына көрінеу анық емес, оның iшiнде борышкердiң кірістері
мен мүлiктiк жағдайы туралы мәлiметтер ұсыну –
жеке тұлғаларға – жиырма, заңды тұлғаларға елу айлық есептiк көрсеткiш
мөлшерiнде айыппұл салуға әкеп соғады.
3. Сот приставының заңды талаптарын орындамау –
елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
671-бап. Атқарушылық iс жүргiзу бойынша борышкер болып
табылатын адамның жұмыс орны мен тұрғылықты
жерiнiң ауысқаны туралы сот орындаушысына
хабарламау
Атқарушылық құжат бойынша ұстап қалуды жүргiзетiн тұлғаның сот орындаушысына
және алимент алатын адамға төлем төлейтiн адамның жұмыстан босатылғаны туралы,
сондай-ақ оның жаңа жұмыс орны мен тұрғылықты жерi туралы, егер бұл оған белгiлi
болса, дәлелсiз себептермен бiр ай мерзiмде хабарламауы –
он айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
672-бап. Атқарушылық құжатты жоғалту
Ұйымның лауазымды адамының өзiне орындау үшiн берiлген атқарушылық парақты
немесе басқа да атқарушылық құжатты жоғалтуы –
отыз айлық есептiк көрсеткiш мөлшерінде айыппұл салуға әкеп соғады.
Ескертпе. Осы бап бойынша өндiрiп алушылар әкiмшiлiк жауаптылыққа
тартылмайды.
673-бап. Сот орындаушысына атқарушылық құжаттарды
орындауға кедергi келтiру
Сот орындаушысының, сот приставының мүлiкке өндiрiп алуды қолдану (тiзiмдеу,
бағалау, тыйым салу, сауда-саттық өткiзу) әрекеттерiн жасауына жеке тұлғалардың
және заңды тұлғалардың кедергi келтiруi немесе осыған байланысты оның талаптарын
орындаудан бас тарту –
жеке тұлғаларға – он, лауазымды адамдарға жиырма айлық есептік көрсеткіш
мөлшерiнде айыппұл салуға не бес тәулікке дейінгі мерзімге әкімшілік қамаққа алуға
әкеп соғады.
674-бап. Мемлекеттiк наградаларды заңсыз тағып жүру
1. Қазақстан Республикасының, Қазақ КСР-iнiң, КСРО-ның орденiн, медалін,
құрметтi атаққа берілетін төсбелгiсiн, ерекшелік белгiсiн немесе планкалардағы
орден ленталары мен медаль ленталарын бұған құқығы жоқ адамның тағып жүруi –
Қазақстан Республикасының, Қазақ КСР-iнiң, КСРО-ның орденi, медалі, құрметтi
атаққа берілетін төсбелгiсі, ерекшелік белгiсi немесе планкалардағы орден ленталары
мен медаль ленталары тәркiлене отырып, үш айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
2. Мемлекеттiк наградаларға атауы ұқсас немесе сырттай ұқсастығы бар
белгiлердi тағайындау немесе жасау –
белгiлер тәркiлене отырып, жеке тұлғаларға – бес, лауазымды адамдарға он
айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
675-бап. Айырым белгiлерi және (немесе) нышаны бар әскери
киiм нысанын, сондай-ақ нысанды киiм мен арнаулы
киiм-кешектi заңсыз киiп жүру (пайдалану)
1. Айырым белгiлерi және (немесе) нышаны бар әскери киiм нысанын, сондай-ақ
нысанды киiм мен арнаулы киiм-кешектi заңсыз киiп жүру (пайдалану) –
айырым белгiлерi және (немесе) нышаны бар әскери киiм нысаны, сондай-ақ
нысанды киiм мен арнаулы киiм-кешек тәркiлене отырып, жеке тұлғаларға – бес, заңды
тұлғаларға жиырма бес айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп
соғады.
2. Күзет қызметiн жүзеге асыруға лицензиясы бар заңды тұлға осы қызметтi
жүзеге асыруға байланысты жасаған дәл сол әрекет –
айырым белгiлерi және (немесе) нышаны бар әскери киiм нысаны, сондай-ақ
нысанды киiм мен арнаулы киiм-кешек тәркiлене отырып, заңды тұлғаларға отыз айлық
есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
34-тарау. ӘКIМШIЛIК СЫБАЙЛАС ЖЕМҚОРЛЫҚ ҚҰҚЫҚ БҰЗУШЫЛЫҚТАР
676-бап. Жеке тұлғалардың заңсыз материалдық сыйақы беруi
Жеке тұлғалардың мемлекеттiк функцияларды орындауға уәкiлеттiк берілген
тұлғаларға немесе оларға теңестiрiлген тұлғаларға заңсыз материалдық сыйақы,
сыйлықтар, жеңiлдiктер беруi не қызметтер көрсетуі, егер бұл әрекеттерде қылмыстық
жазаланатын іс-әрекет белгiлерi болмаса, –
екі жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
677-бап. Мемлекеттiк функцияларды орындауға уәкiлеттiк
берілген тұлғаның не оған теңестiрiлген тұлғаның
заңсыз материалдық сыйақы алуы
Мемлекеттiк функцияларды орындауға уәкiлеттiк берілген тұлғаның не оған
теңестiрiлген тұлғаның жеке өзi немесе делдал арқылы заңсыз материалдық сыйақыны,
сыйлықтарды, жеңiлдiктерді не көрсетілетін қызметтерді ұсынған тұлғалардың
пайдасына әрекеттерi (әрекетсiздiгi) үшiн осыларды алуы, егер мұндай әрекеттер
(әрекетсiздiк) мемлекеттiк функцияларды орындауға уәкiлеттiк берілген тұлғаның не
оған теңестiрiлген тұлғаның қызметтiк өкiлеттiктерiне кiретiн болса, егер бұл
әрекеттерде қылмыстық жазаланатын іс-әрекет белгiлері болмаса, –
алты жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
678-бап. Заңды тұлғалардың заңсыз материалдық сыйақы беруi
1. Заңды тұлғалардың мемлекеттiк функцияларды орындауға уәкiлеттiк берілген
тұлғаларға немесе оларға теңестiрiлген тұлғаларға заңсыз материалдық сыйақы,
сыйлықтар, жеңiлдiктер беруi не қызметтер көрсетуі, егер бұл әрекеттерде қылмыстық
жазаланатын іс-әрекет белгiлерi болмаса, –
жеті жүз елу айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
2. Осы баптың бiрiншi бөлiгiнде көзделген, әкiмшiлiк жаза қолданылғаннан
кейiн бiр жыл iшiнде қайталап жасалған әрекеттер –
бір мың бес жүз айлық есептік көрсеткіш мөлшерінде айыппұл салуға әкеп
соғады.
679-бап. Мемлекеттiк органдар мен жергiлiктi өзiн-өзi
басқару органдарының заңсыз кәсiпкерлiк қызметтi
жүзеге асыруы және заңсыз кiрiстер алуы
Мемлекеттiк органдардың, жергiлiктi өзiн-өзi басқару органдарының өздерiне
заңнамада жүктелген функциялардан тыс кәсiпкерлiк қызметпен айналысуы не
белгiленген қаржыландыру көздерiнен басқа материалдық игiлiктер мен артықшылықтар
қабылдауы –
осы ұйымдардың басшыларына алты жүз айлық есептiк көрсеткiш мөлшерiнде
айыппұл салуға әкеп соғады.
680-бап. Мемлекеттiк органдар басшыларының сыбайлас
жемқорлыққа қарсы күрес жөнiнде шаралар
қолданбауы
Мемлекеттік органдар, Қазақстан Республикасының Қарулы Күштері, Қазақстан
Республикасының басқа да әскерлері мен әскери құралымдары басшыларының не жауапты
хатшыларының немесе Қазақстан Республикасының Президентi айқындайтын өзге де
лауазымды адамдарының сыбайлас жемқорлық құқық бұзушылықтар жасауға кiнәлi,
өздерiне бағынысты адамдарға қатысты өз өкiлеттiктерi шегiнде шаралар қолданбауы не
көрсетілген шараларды сыбайлас жемқорлыққа қарсы күрес туралы заңнаманы бұза отырып
қолдануы не кiнәлi тұлғалардың тұрғылықты жерi бойынша мемлекеттік кіріс
органдарына тиiстi ақпаратты ұсынбауы –
бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
681-бап. Бұрын сыбайлас жемқорлық қылмыс жасаған адамдарды
жұмысқа қабылдау
Мемлекеттiк органдар, мекемелер мен кәсiпорындар басшысының не ұлттық
компаниялар, ұлттық басқарушы холдингтер, ұлттық холдингтер, ұлттық даму
институттары, сондай-ақ олардың еншiлес ұйымдары басшысының бұрын сыбайлас
жемқорлық қылмыс жасаған адамдарды жұмысқа қабылдауы –
бір жүз айлық есептiк көрсеткiш мөлшерiнде айыппұл салуға әкеп соғады.
3-БӨЛIМ. ӘКІМШІЛІК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ ІСТЕРДІ ҚАРАУҒА
УӘКІЛЕТТІК БЕРІЛГЕН ОРГАНДАР
35-тарау. НЕГІЗГІ ЕРЕЖЕЛЕР
682-бап. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға
уәкiлеттiк берілген органдар (лауазымды адамдар)
Әкiмшiлiк құқық бұзушылық туралы iстердi:
1) мамандандырылған әкiмшiлiк соттардың судьялары;
2) кәмелетке толмағандардың iстерi жөнiндегi мамандандырылған ауданаралық
соттардың судьялары;
3) осы Кодексте уәкiлеттiк берiлген мемлекеттiк органдардың лауазымды
адамдары қарайды.
Ескертпе. Егер тиiстi әкiмшiлiк-аумақтық бiрлiктiң аумағында мамандандырылған
ауданаралық әкiмшiлiк сот және кәмелетке толмағандардың iстерi жөнiндегi
мамандандырылған ауданаралық сот құрылмаса, олардың соттылығына жатқызылған iстердi
аудандық (қалалық) соттар қарауға құқылы.
683-бап. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға
уәкiлеттiк берілген органдар (лауазымды адамдар)
құзыретiнiң аражiгiн ажырату
1. Судьялар осы Кодекспен өздерiнiң жүргізуіне жатқызылған әкiмшiлiк құқық
бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттiк берілген
мемлекеттiк органдардың лауазымды адамдары, осы Кодекстiң 684-бабында көрсетiлген
iстердi қоспағанда, iстердi қарайды және әкiмшiлiк құқық бұзушылықтар үшін
әкiмшiлiк жазалар қолданады.
3. Әкiмшiлiк жаза түрлерiнiң бiрi ретiнде әкімшілік қамаққа алу,
шетелдiктерді не азаматтығы жоқ адамдарды Қазақстан Республикасының шегiнен
әкiмшiлiк жолмен шығарып жiберу, әкiмшiлiк құқық бұзушылық жасау құралы не нысанасы
болған заттарды тәркiлеу, сол сияқты әкiмшiлiк құқық бұзушылық жасау салдарынан
алынған кірістерді (дивидендтердi), ақшаны және бағалы қағаздарды тәркiлеу, нақты
адамға берiлетін арнайы құқықтан айыру (оның iшiнде көлiк құралын басқару құқығы),
белгiлi бiр қызмет түрiне не белгiлi бiр әрекеттер жасауға лицензиялардан, арнаулы
рұқсаттан, бiлiктiлiк аттестатынан (куәлiгiнен) айыру, заңсыз тұрғызылып жатқан
немесе тұрғызылған құрылысты мәжбүрлеп бұзу, қызметті тоқтата тұру немесе оған
тыйым салу көзделген әкiмшiлiк құқық бұзушылық туралы iстердi судья қарайды.
4. Осы Кодекстiң 24-бабына сәйкес, өзiне қатысты әкiмшiлiк құқық бұзушылық
туралы іс бойынша iс жүргiзiліп жатқан адамның жазбаша арызы бойынша осы Кодекстiң
2-бөлiмiнiң Ерекше бөлiгiнде көзделген кез келген құқық бұзушылық туралы iстi, егер
бұл әкiмшiлiк құқық бұзушылық туралы іс қарауға дейін берілсе, судья қарайды.
5. Кәмелетке толмағандар немесе өзінің дене бітімі немесе психикалық жағдайы
бойынша құқықтарын өз бетінше жүзеге асыру мүмкіндігінен айырылғандар болып
табылатын, өзіне қатысты әкімшілік құқық бұзушылық туралы іс бойынша іс жүргізіліп
жатқан адамның немесе жәбірленушінің заңды өкілінің жазбаша арызы бойынша іс
мамандандырылған аудандық және оған теңестірілген әкімшілік соттарда, мұндай
болмаған кезде, жалпы юрисдикциядағы соттарда қаралуы мүмкін.
36-тарау. ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ IСТЕРДIҢ
ВЕДОМСТВОЛЫҒЫ, ЛАУАЗЫМДЫ АДАМДАРДЫҢ IСТЕРДI ҚАРАУ ЖӘНЕ
ӘКIМШIЛIК ЖАЗАЛАРДЫ ҚОЛДАНУ ЖӨНIНДЕГI ҚҰЗЫРЕТI 684-бап. Cоттар
1. Мамандандырылған аудандық және оларға теңестiрiлген әкiмшiлiк соттардың
судьялары, осы баптың үшiншi бөлiгiнде көзделген жағдайларды қоспағанда, осы
Кодекстiң 73, 74, 75 (бірінші, екiншi, бесінші және алтыншы
бөлiктерiнде), 76, 77, 78, 79, 80 (төртiншi бөлiгiнде), 81 (екiншi бөлiгiнде), 82
(екiншi бөлiгiнде), 82-1, 85, 86(төртiншi
бөлiгiнде), 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 11
3, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 139 (екiншi
бөлiгiнде), 145, 149, 150, 151(екiншi бөлiгiнде), 153, 154, 158, 159, 160 (екiншi
бөлiгiнде), 169(екiншi, жетінші, оныншы, он бірінші, он екінші, он үшінші және он
төртінші бөліктерінде), 170 (жетінші және тоғызыншы бөліктерінде), 171, 173, 174
(екiншi бөлiгiнде), 175, 176, 182, 183, 184, 185, 187(екінші, үшінші, төртінші
және бесінші бөліктерінде), 189, 190 (екінші, үшінші және төртінші
бөліктерінде), 191, 193 (екiншi және үшінші бөлiктерiнде), 199 (екiншi
бөлiгiнде), 200, 211 (бірiншi бөлiгiнде), 214, 216, 219, 233 (үшiншi
бөлiгiнде), 235, 236, 237, 245, 246, 247 (алтыншы бөлiгiнде), 251, 252 (екiншi
бөлiгiнде), 281 (төртінші, бесінші және алтыншы бөліктерінде), 282 (үшіншi,
төртінші, алтыншы, жетінші, тоғызыншы, он бірінші және он үшінші
бөлiктерiнде), 283, 294 (бірінші және екінші бөліктерінде), 296 (екiншi
бөлiгiнде), 299 (екінші бөлігінде), 310, 311, 312 (екiншi бөлiгiнде), 313, 314, 316
(екiншi бөлiгiнде), 317 (төртінші бөлiгiнде), 319, 320 (бірінші, екінші, үшінші
және төртінші бөліктерінде), 326 (үшінші және төртінші бөліктерінде), 333 (екiншi
бөлiгiнде), 356 (он төртінші бөлігінде), 357, 360 (бірiншi бөлiгiнде), 382 (екiншi
және үшінші бөлiктерiнде), 383 (үшінші және төртінші бөліктерінде), 385 (екiншi
бөлiгiнде), 389, 392 (үшiншi бөлiгiнде), 395 (екiншi бөлiгiнде), 396 (екiншi
бөлiгiнде), 397(төртiншi бөлiгiнде), 398, 399 (екінші және үшінші бөліктерінде),
400 (екiншi бөлiгiнде), 401 (алтыншы және жетінші бөліктерінде), 402(төртінші
бөлігінде), 404 (тоғызыншы бөлiгiнде), 405 (бірiншi бөлiгiнде), 407 (екiншi және
үшінші бөлiктерiнде), 409 (жетінші бөлігінде), 410-1, 413, 414, 415 (екiншi
бөлiгiнде), 416, 417 (бірінші және алтыншы бөліктерінде), 419 (екiншi
бөлiгiнде), 422, 423 (екiншi бөлiгiнде), 424 (үшінші және бесінші
бөліктерінде), 425 (екiншi бөлiгiнде), 426 (екінші және үшінші
бөліктерінде), 427, 433 (екiншi бөлiгiнде), 434, 436, 439, 440 (төртінші және
бесінші бөліктерінде), 443 (екінші бөлігінде), 444 (бірінші
бөлігінде), 445, 446, 449 (екiншi және үшінші бөліктерінде), 450, 451, 452 (үшінші,
төртінші және алтыншы бөліктерінде және тоғызыншы бөлігінің 4), 5) және 6)
тармақшаларында), 453, 454 (екiншi бөлiгiнде), 455 (төртiншi
бөлiгiнде), 456, 461, 462, 463, 464 (екiншi бөлiгiнде), 465, 467, 469 (екiншi
бөлiгiнде), 470 (екiншi бөлiгiнде), 476, 477, 478, 479, 480, 481, 482, 483, 485
(екiншi бөлiгiнде), 488, 489 (екінші, үшінші, төртінші, бесінші, алтыншы, жетінші
және сегізінші бөліктерінде), 490, 495 (екiншi бөлiгiнде), 496 (екiншi
бөлiгiнде), 498, 506, 507, 508, 509, 512 (екiншi бөлiгiнде), 513 (екiншi
бөлiгiнде), 514 (екiншi бөлiгiнде), 516, 517(екінші, төртінші, бесінші, алтыншы
және жетінші бөліктерінде), 528 (бірінші бөлiгiнде), 532, 541, 543 (бірінші және
үшінші бөліктерінде), 544, 545, 548 (екiншi бөлiгiнде), 549, 550, 551 (екiншi
бөлiгiнде), 552 (екiншi бөлiгiнде), 563 (екiншi бөлiгiнде), 564 (бесiншi
бөлiгiнде), 569 (бірінші, екінші және төртінші бөліктерінде), 583 (екiншi
бөлiгiнде), 590 (төртiншi бөлiгiнде), 596 (үшінші және бесінші бөліктерінде), 603
(бірінші және екінші бөліктерінде), 604 (екiншi бөлiгiнде), 605 (үшінші және
төртінші бөліктерінде), 606 (екiншi бөлiгiнде), 607 (екiншi
бөлiгiнде), 608, 610, 611 (екінші және үшінші бөліктерінде), 613 (бірінші, екінші,
үшінші, төртінші, бесінші, алтыншы, жетінші, сегізінші, тоғызыншы, оныншы және он
бірінші бөліктерінде), 615 (төртiншi бөлiгiнде), 618, 621 (үшiншi бөлiгiнде), 636
(екiншi бөлiгiнде), 637 (төртiншi бөлiгiнде), 638 (екiншi бөлiгiнде),
651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 664, 665, 666, 667, 668
, 669, 673, 674, 675, 676, 677, 678, 679, 680, 681-баптарында көзделген әкiмшiлiк
құқық бұзушылық туралы iстердi қарайды.
2. Кәмелетке толмағандардың iстерi жөнiндегi мамандандырылған ауданаралық
соттардың судьялары:
1) кәмелетке толмағандар жасаған, осы Кодекстiң 435, 436 (үшінші
бөлiгiнде), 438 (үшінші бөлігінде), 440 (төртінші және бесінші
бөліктерінде), 442, 448-баптарында көзделген әкімшілік құқық бұзушылық туралы;
2) осы Кодекстің 127, 128, 129, 130, 131, 132, 133, 134, 135, 430 (екiншi
бөлiгiнде), 663-баптарында көзделген әкімшілік құқық бұзушылық туралы істерді
қарайды.
3. Жоғарғы Соттың, облыстық, аудандық және оларға теңестiрiлген соттардың
судьялары осы Кодекстiң 653-бабында көзделген, сот талқылауы барысында анықталған,
процеске қатысып отырған тұлғаның тарапынан сотқа құрметтемеушiлiк бiлдiру
фактiлерi туралы iстердi қарайды.
Ескерту. 684-бапқа өзгерістер енгізілді - ҚР 07.11.2014 № 248-V (01.01.2015
бастап қолданысқа енгізіледі); 29.12.2014 № 269-V (01.01.2015 бастап қолданысқа
енгізіледі); 29.12.2014 № 272-V (01.01.2015 бастап қолданысқа енгізіледі);
19.05.2015 № 315-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн
өткен соң қолданысқа енгізіледі) Заңдарымен.
685-бап. Iшкi iстер органдары (полиция)
1. Iшкi iстер органдары осы Кодекстiң 146, 147, 156, 190 (бірінші
бөлігінде), 192, 196, 197, 198, 204, 230 (екiншi бөлiгiнде) (көлiк құралдарының
иелерi және автомобиль көлiгiмен және қалалық рельстік көлiкпен тасымалдаушылар
жасаған құқық бұзушылықтар бөлiгiнде), 334, 359, 364, 382 (бірінші бөлігінде), 383
(бірінші және екінші бөліктерінде), 386, 395 (бірінші бөлігінде), 396 (бірінші
бөлігінде), 408, 420, 421, 423 (бірінші бөлігінде), 432, 433 (бірінші
бөлігінде), 437, 438 (бірінші және екінші бөліктерінде), 440 (бірінші, екінші және
үшінші бөліктерінде), 441, 443 (бірінші бөлігінде), 444 (екінші
бөлігінде), 447, 449 (бірінші бөлігінде), 458, 464 (бірінші бөлігінде), 469
(бірінші бөлігінде), 470 (бірінші бөлігінде), 484, 485 (бірінші
бөлігінде), 486, 487, 489 (бірінші, тоғызыншы, оныншы және он бірінші
бөліктерінде), 492, 493, 494, 495 (бірінші бөлігінде), 496 (бірінші және үшінші
бөлiктерiнде), 505, 510, 512 (бірінші бөлігінде), 513 (бірінші бөлігінде), 514
(бірінші бөлігінде), 515, 517 (бірінші және үшінші бөліктерінде), 518, 519
(бірінші, үшінші, бесінші және алтыншы бөліктерінде), 559 (бірінші, екінші,
төртінші және бесінші бөліктерінде), 560, 562, 564 (төртінші бөлігінде), 566, 572
(екінші бөлігінде), 574, 590 (бірінші, екінші, үшінші, бесінші, алтыншы, жетінші,
сегізінші, тоғызыншы және оныншы бөліктерінде), 591, 592, 593 (бірінші және
сегізінші бөліктерінде), 594, 595, 596 (бірінші, екінші және төртінші
бөліктерінде), 597, 598, 599, 600, 601, 602, 603 (үшінші бөлігінде), 604 (бірінші
бөлігінде), 605 (бірінші, екінші, бесінші, алтыншы және жетінші бөліктерінде), 606
(бірінші бөлігінде), 607 (бірінші бөлігінде), 609, 611 (бірінші
бөлігінде), 612, 613 (он екінші және он үшінші бөліктерінде), 614, 615 (бірінші,
екінші және үшінші бөліктерінде), 617, 619, 620, 621 (бірінші, екінші, төртінші
бөліктерінде), 622, 625 (автомобиль көлiгiндегi бұзушылықтарды
қоспағанда), 626, 630, 631, 632, 635-баптарында көзделген әкiмшiлiк құқық бұзушылық
туралы iстердi қарайды.
2. Iшкi iстер органдарының атынан әкiмшiлiк құқық бұзушылық туралы iстердi
қарауға және әкiмшiлiк жазалар қолдануға:
1) осы Кодекстiң iшкi iстер органдарының ведомстволық бағыныстылығына
жатқызылған барлық баптары бойынша – iшкi iстер органдарының бастықтары мен олардың
орынбасарлары;
2) осы Кодекстiң 146, 147, 192, 197, 198, 204, 364, 382 (бірінші
бөлігінде), 383 (бірінші және екінші бөліктерінде), 386, 395 (бірінші
бөлігінде), 396 (бірінші бөлігінде), 408, 433 (бірінші бөлігінде), 437, 438
(бірінші және екінші бөліктерінде), 440 (бірінші, екінші және үшінші
бөліктерінде), 441, 443, 444 (екінші бөлігінде), 484, 487, 492, 493, 494, 505
(бірінші бөлігінде), 510, 512 (бірінші бөлігінде), 513 (бірінші бөлігінде), 514
(бірінші бөлігінде), 515, 517 (бірінші және үшінші бөліктерінде), 518, 519
(бірінші, үшінші, бесінші және алтыншы бөліктерінде)-баптарында көзделген әкiмшiлiк
құқық бұзушылықтар үшiн – iшкi iстер органдарының қалалық, аудандық бөлiмшелерiнiң
бастықтары;
3) осы Кодекстiң 196, 197, 204, 382 (бірінші бөлігінде), 440(бірінші, екінші
және үшінші бөліктерінде), 441, 443, 444 (екінші бөлігінде), 484, 487, 510, 513
(бірінші бөлігінде), 514 (бірінші бөлігінде), 515, 519 (бірінші, үшінші, бесінші
және алтыншы бөліктерінде), 559 (бірінші, екінші, төртінші, бесінші
бөліктерінде), 560, 562, 564 (төртінші бөлігінде), 566, 621 (бірінші
бөлігінде), 630 (бірінші бөлігінде)-баптарында көзделген әкiмшiлiк құқық
бұзушылықтар үшiн – iшкi iстер органдары желілік бөлiмшелерiнiң, желілік
пункттерiнiң бастықтары;
4) осы Кодекстiң 146, 204, 230 (екінші бөлігінде) (көлік құралдарының иелері
және автомобиль көлігімен және қалалық рельстік көлікпен тасымалдаушылар жасаған
құқық бұзушылықтар бөлігінде), 334, 364, 383 (бірінші және екінші
бөліктерінде), 386, 408, 437 (бірінші бөлігінде), 440 (бірінші, екінші және үшінші
бөліктерінде), 441, 444(екінші
бөлігінде), 492, 493, 494, 505, 572, 574, 590 (бірінші, екінші, бесінші, алтыншы,
жетінші және тоғызыншы бөліктерінде), 591 (бірінші бөлігінде), 592 (бірінші және
екінші бөліктерінде), 593 (бірінші бөлігінде), 594 (бірінші, екінші және үшінші
бөліктерінде), 595 (бірінші, екінші және үшiнші бөліктерінде), 596 (бірінші және
екінші бөліктерінде), 597 (бірінші, екінші, үшінші және төртінші бөліктерінде), 598
(бірінші және екінші бөліктерінде), 599 (бірінші бөлігінде), 600 (бірінші
бөлігінде), 601 (бірінші бөлігінде), 602 (бірінші бөлігінде), 607 (бірінші
бөлігінде), 609 (бірінші бөлігінде), 611 (бірінші бөлігінде), 612 (бірінші, екінші
және үшiнші бөліктерінде), 613 (он екінші бөлігінде), 615 (бірінші және екінші
бөліктерінде), 620, 621 (бірінші және төртiнші бөліктерінде), 630 (бірінші
бөлігінде) (жеке тұлғаларға қатысты)-баптарында көзделген әкiмшiлiк құқық
бұзушылықтар үшiн – iшкi iстер органдарының (полицияның) арнаулы атағы бар
қызметкерлері;
5) осы Кодекстiң 590 (үшінші, сегізінші және оныншы бөліктерінде), 591
(екінші бөлігінде), 592 (үшінші және төртінші бөліктерінде), 593 (сегізінші
бөлігінде), 594 (төртінші бөлігінде), 595 (төртінші бөлігінде), 596 (төртінші
бөлігінде), 597 (бесінші және алтыншы бөліктерінде), 598 (үшінші бөлігінде), 599
(екінші бөлігінде), 600 (екінші бөлігінде), 601 (екінші бөлігінде), 602 (екінші
бөлігінде), 603 (үшінші бөлігінде), 606 (бірінші бөлігінде), 609 (екінші
бөлігінде), 612 (төртінші, бесінші және алтыншы бөліктерінде), 613 (он үшінші
бөлігінде), 614, 615 (үшінші бөлігінде), 617, 619, 630, 631, 632-баптарында
көзделген әкiмшiлiк құқық бұзушылықтар үшiн – iшкi iстер органдарының әкімшілік
полициясы комитетiнiң төрағасы, басқармаларының, бөлiмдерiнiң, бөлiмшелерiнiң
бастықтары мен олардың орынбасарлары;
6) осы Кодекстiң 364, 382 (бірінші бөлігінде), 383 (бірінші және екінші
бөліктерінде), 386, 408, 505-баптарында көзделген әкiмшiлiк құқық бұзушылықтар үшiн
– iшкi iстер органдарының табиғат қорғау полициясы бөлiмшелерiнiң бастықтары мен
олардың орынбасарлары;
7) осы Кодекстiң 440 (екінші және үшінші бөліктерінде), 443, 444 (екінші
бөлігінде)-баптарында көзделген әкiмшiлiк құқық бұзушылықтар үшiн – iшкi iстер
органдарының кәмелетке толмағандардың істері жөніндегі бөлiмшелерiнiң
қызметкерлері;
8) осы Кодекстiң 383 (бірінші және екінші бөліктерінде), 395(бірінші
бөлігінде), 396 (бірінші бөлігінде)-баптарында көзделген әкiмшiлiк құқық
бұзушылықтар үшiн – ішкі істер органдары полициясының балық қорларына қылмыстық
қолсұғушылыққа қарсы күрес жөніндегі мамандандырылған бөлімшелерінің бастықтары мен
олардың орынбасарлары;
9) осы Кодекстiң 492, 495 (бірінші бөлігінде), 517 (бірінші және үшінші
бөліктерінде), 518, 519 (бірінші, үшінші, бесінші және алтыншы бөліктерінде)-
баптарында көзделген әкiмшiлiк құқық бұзушылықтар үшiн – iшкi iстер органдарының
көшi-қон полициясы басқармаларының, бөлiмдерiнiң, бөлiмшелерiнiң бастықтары мен
олардың орынбасарлары құқылы.
Ескерту. 685-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
686-бап. Азаматтық қорғау саласындағы уәкiлеттi орган
1. Азаматтық қорғау саласындағы уәкiлеттi орган:
1) осы Кодекстiң 336, 359, 367, 410, 411, 438 (бірінші және екінші
бөліктерінде), 589-баптарында көзделген өрт қауiпсiздiгi саласындағы;
2) алып тасталды - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015 бастап
қолданысқа енгізіледі);
3) осы Кодекстiң 412 және 643-баптарында көзделген азаматтық қорғаныс
саласындағы әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
2. Мемлекеттік өртке қарсы қызмет органдарының атынан iстердi қарауға және
азаматтық қорғау саласындағы уәкiлеттi органның атынан әкiмшiлiк жазалар қолдануға:
1) облыстың, республикалық маңызы бар қаланың, астананың, ауданның, облыстық
маңызы бар қаланың, қаладағы ауданның өрт қауiпсiздiгi саласындағы мемлекеттiк
бақылау жөнiндегi мемлекеттiк инспекторы – жеке тұлғаларға – айлық есептiк
көрсеткiштiң он беске дейiнгi, лауазымды адамдарға отыз беске дейiнгi мөлшерiнде
айыппұл салуға;
2) Қазақстан Республикасының өрт қауiпсiздiгi саласындағы мемлекеттiк бақылау
жөнiндегi мемлекеттiк инспекторы, облыстың, республикалық маңызы бар қаланың,
астананың өрт қауiпсiздiгi саласындағы мемлекеттiк бақылау жөнiндегi бас
мемлекеттiк инспекторы мен оның орынбасары – жеке тұлғаларға – айлық есептiк
көрсеткiштiң отыз беске дейiнгi, лауазымды адамдарға – бір жүзге дейiнгi,
кәсіпкерлік субъектілеріне, коммерциялық емес ұйымдарға үш жүзге дейiнгi мөлшерiнде
айыппұл салуға;
3) Қазақстан Республикасының өрт қауiпсiздiгi саласындағы мемлекеттiк бақылау
жөнiндегi бас мемлекеттiк инспекторы мен оның орынбасары – жеке тұлғаларға – айлық
есептiк көрсеткiштiң екi жүзге дейiнгi, лауазымды адамдарға – бес жүзге дейiнгi,
кәсіпкерлік субъектілеріне, коммерциялық емес ұйымдарға екi мыңға дейiнгi
мөлшерiнде айыппұл салуға құқылы.
3. Алып тасталды - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015 бастап
қолданысқа енгізіледі).
4. Азаматтық қорғаныс iс-шараларының орындалмауына байланысты әкiмшiлiк құқық
бұзушылық туралы iстердi қарауға және азаматтық қорғау саласындағы уәкiлеттi
органның атынан әкiмшiлiк жазалар қолдануға:
1) облыстың, республикалық маңызы бар қаланың, астананың, ауданның, облыстық
маңызы бар қаланың, қаладағы ауданның азаматтық қорғаныс саласындағы мемлекеттiк
бақылау жөнiндегi мемлекеттiк инспекторы – жеке тұлғаларға айлық есептiк
көрсеткiштiң үшке дейiнгi, лауазымды адамдарға – онға дейiнгi мөлшерiнде айыппұл
салуға;
2) Қазақстан Республикасының азаматтық қорғаныс саласындағы мемлекеттiк
бақылау жөнiндегi мемлекеттiк инспекторы, облыстың, республикалық маңызы бар
қаланың, астананың азаматтық қорғаныс саласындағы мемлекеттiк бақылау жөнiндегi бас
мемлекеттiк инспекторы мен оның орынбасары – жеке, лауазымды және заңды тұлғаларға
айлық есептiк көрсеткiштiң қырыққа дейiнгi мөлшерiнде айыппұл салуға;
3) Қазақстан Республикасының азаматтық қорғаныс саласындағы мемлекеттiк
бақылау жөнiндегi бас мемлекеттiк инспекторы мен оның орынбасары – жеке, лауазымды
және заңды тұлғаларға айлық есептiк көрсеткiштiң елуге дейiнгi мөлшерiнде айыппұл
салуға құқылы.
Ескерту. 686-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
687-бап. Жер қойнауын зерттеу мен пайдалану жөнiндегi
уәкiлеттi орган
1. Жер қойнауын зерттеу мен пайдалану жөнiндегi уәкiлеттi орган осы
Кодекстiң 140 (бірінші
бөлігінде), 344, 345, 346, 348, 349, 350, 352, 353, 354, 355, 356 (бірінші
бөлігінде), 391, 392 (бірінші және екінші бөліктерінде), 393, 394, 395 (бірінші
бөлігінде), 396 (бірінші бөлігінде)-баптарында көзделген әкiмшiлiк құқық бұзушылық
туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға:
1) жер қойнауын зерттеу мен пайдалану жөнiндегi аумақтық аға мемлекеттік пен
аумақтық мемлекеттік инспекторлар – айлық есептік көрсеткіштің бір жүз елуге
дейінгі мөлшерінде айыппұл салуға;
2) Қазақстан Республикасының жер қойнауын зерттеу мен пайдалану жөнiндегi
мемлекеттік инспекторлары, жер қойнауын зерттеу мен пайдалану жөнiндегi аумақтық
бас мемлекеттік инспекторлардың орынбасарлары – айлық есептік көрсеткіштің екі жүз
елуге дейінгі мөлшерінде айыппұл салуға;
3) Қазақстан Республикасының жер қойнауын зерттеу мен пайдалану жөнiндегi аға
мемлекеттік инспекторлары, жер қойнауын зерттеу мен пайдалану жөнiндегi аумақтық
бас мемлекеттік инспекторлар – айлық есептік көрсеткіштің бес жүзге дейінгі
мөлшерінде айыппұл салуға;
4) Қазақстан Республикасының жер қойнауын зерттеу мен пайдалану жөнiндегi бас
мемлекеттік инспекторы мен оның орынбасарлары – айлық есептік көрсеткіштің бір
мыңға дейінгі мөлшерінде айыппұл салуға құқылы.
688-бап. Мұнай және газ саласындағы уәкілетті орган
1. Мұнай және газ саласындағы уәкілетті орган осы Кодекстің 170 (бірінші,
екінші, үшінші, төртінші, бесінші, алтыншы және сегізінші бөліктерінде), 356
(үшінші, төртінші, бесінші, алтыншы, жетінші, сегізінші, тоғызыншы, оныншы және он
үшінші бөліктерінде), 464 (бірінші бөлігінде)-баптарында көзделген әкімшілік құқық
бұзушылық туралы істерді қарайды.
2. Әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жазалар
қолдануға мұнай және газ саласындағы уәкілетті орган ведомствосының лауазымды
адамдары мен аумақтық бөлімшелерінің басшылары құқылы.
Ескерту. 688-бап жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен (алғашқы
ресми жарияланған күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа
енгiзiледi).
689-бап. Энергия үнемдеу және энергия тиімділігін
арттыру саласындағы мемлекеттік
бақылауды жүзеге асыратын орган
1. Энергия үнемдеу және энергия тиімділігін арттыру саласындағы мемлекеттік
бақылауды жүзеге асыратын орган осы Кодекстің 289, 290, 291, 292, 293, 294 (үшінші
және төртінші бөліктерінде), 296 (бірінші бөлігінде)-баптарында көзделген әкiмшiлiк
құқық бұзушылық туралы iстердi қарайды.
2. Әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жазалар
қолдануға энергия үнемдеу және энергия тиімділігін арттыру саласындағы мемлекеттік
бақылауды жүзеге асыратын органның аумақтық бөлімшелерінің басшылары құқылы.
Ескерту. 689-бап жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
690-бап. Мемлекеттiк энергетикалық қадағалау және бақылау
жөніндегі органдар
1. Мемлекеттiк энергетикалық қадағалау және бақылау жөніндегі органдар осы
Кодекстiң 144 (бірінші бөлігінде (барлық қуаттардағы қазандықтардың жылу-
механикалық жабдықтарын және жылу желілерін (магистральдық, орамішілік)
пайдалануды, тұтынушылардың жылу пайдалану қондырғыларын техникалық пайдалануды
қоспағанда), 172 (барлық қуаттардағы қазандықтардың жылу-механикалық жабдықтарын
және жылу желілерін (магистральдық, орамішілік) пайдалануды, тұтынушылардың жылу
пайдалану қондырғыларын техникалық пайдалануды қоспағанда), 300 (барлық қуаттардағы
қазандықтарды және жылу желілерін (магистральдық, орамішілік) қоспағанда), 301
(барлық қуаттардағы қазандықтарды және жылу желілерін (магистральдық, орамішілік)
қоспағанда), 302, 303 (барлық қуаттардағы қазандықтарды қоспағанда), 305 (күзет
аймақтарындағы жылу желілерін (магистральдық, орамішілік) қоспағанда)-баптарында
көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға мемлекеттiк энергетикалық қадағалау және бақылау жөніндегі органдардың
аумақтық бөлімшелерінің басшылары құқылы.
Ескерту. 690-бапқа өзгерістер енгізілді - ҚР 29.12.2014 № 272-V (01.01.2015
бастап қолданысқа енгізіледі); 14.01.2015 № 279-V (алғашқы ресми жарияланған
күнінен кейiн күнтiзбелiк он күн өткен соң қолданысқа енгiзiледi) Заңдарымен.
691-бап. Көлiк және коммуникация саласындағы уәкiлеттi
орган
1. Көлiк және коммуникация саласындағы уәкiлеттi орган осы Кодекстiң 230
(екiншi бөлiгiнде) (темiржол көлiгiмен, теңiз және iшкi су көлiгiмен
тасымалдаушылар жасаған құқық бұзушылықтар бөлiгiнде), 464 (бірінші бөлігінде), 563
(бірінші бөлігінде), 564 (бірінші, екінші, үшінші және төртінші
бөліктерінде), 565, 566 (бірінші бөлігінде), 580, 581 (бірінші бөлігінде), 582, 583
(бірінші бөлігінде), 589, 625 (теңiз және әуе көлiгi кемелерiндегi бұзушылықтар
бөлiгiнде), 633, 634-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi
қарайды.
Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға көлiк және коммуникация саласындағы уәкiлеттi органның, оның аумақтық
бөлiмшелерiнiң басшылары мен олардың орынбасарлары құқылы.
2. Көліктік бақылау органдары осы Кодекстің 333 (бірінші бөлігінде), 441
(бірінші және екінші бөліктерінде), 464 (бірінші
бөлігінде), 559, 560, 561, 562, 571, 572 (бірінші
бөлігінде), 573, 575, 576, 577, 578, 579, 580, 581, 582, 583 (бірінші, үшінші
бөліктерінде), 584, 585, 586, 587, 588, 589 (әуе көлiгi кемелерiндегi
бұзушылықтардан басқа), 590 (сегізінші бөлігінде), 593 (екінші, үшінші, төртінші,
бесінші, алтыншы және жетінші бөліктерінде), 609, 616, 621(бірінші, екінші,
төртінші бөліктерінде), 623, 624, 625 (әуе көлiгi кемелерiндегi бұзушылықтардан
басқа), 627, 628, 631 (бірінші бөлігінде)-баптарында көзделген әкiмшiлiк құқық
бұзушылық туралы iстердi қарайды.
Көліктік бақылау органдары атынан әкiмшiлiк құқық бұзушылық туралы iстердi
қарауға және әкiмшiлiк жазалар қолдануға:
1) осы Кодекстiң көліктік бақылау органдарының ведомстволығына жатқызылған
барлық баптары бойынша – көліктік бақылау органының басшысы мен оның орынбасарлары,
аумақтық көліктік бақылау органдарының бастықтары мен олардың орынбасарлары;
2) осы Кодекстің 441 (бірінші бөлігінде), 464 (бірінші
бөлігінде), 560, 561, 562, 571, 572 (бірінші бөлігінде), 573, 575, 576, 582, 583
(бірінші, үшінші бөліктерінде), 584, 585, 587, 588, 589 (әуе көлiгi кемелерiндегі
бұзушылықтардан басқа), 590 (сегізінші бөлігінде), 593 (екінші, төртінші және
бесінші бөліктерінде), 609, 616, 621 (бірінші, екінші, төртінші
бөліктерінде), 623, 625 (әуе көлiгi кемелерiндегi бұзушылықтардан басқа), 627, 631
(бірінші бөлігінде)-баптарында көзделген әкiмшiлiк құқық бұзушылықтар бойынша –
көліктік бақылау органдарының осыған уәкiлеттiк берілген лауазымды адамдары құқылы.
Осы баптың екінші бөлігінің төртінші абзацында аталған лауазымды адамдар
салатын айыппұл мөлшері жиырма айлық есептік көрсеткіштен аспауға тиіс.
3. Азаматтық авиацияны мемлекеттік реттеу саласындағы уәкiлеттi орган осы
Кодекстiң 230 (екінші бөлігінде) (әуе көлiгiмен тасымалдаушылар жасаған құқық
бұзушылықтар бөлiгiнде), 564 (осы баптың бiрiншi, үшiншi және төртiншi бөлiктерiнде
көзделген, азаматтық авиацияға жатпайтын әуеайлақтарда немесе осындай әуеайлақтар
ауданында жасалған бұзушылықтар туралы iстердi қоспағанда, бесінші
бөлігінде), 565, 566 (бірінші бөлігінде), 567, 568, 569 (үшінші, бесінші, алтыншы,
жетінші және сегізінші бөліктерінде), 570, 571 (бiрiншi бөлiгiнде), 589, 623 (әуе
көлiгiнде бұзушылықтар жасағаны үшін), 626-баптарында көзделген әкiмшiлiк құқық
бұзушылық туралы iстердi қарайды.
Азаматтық авиация саласындағы уәкiлеттi органның атынан әкiмшiлiк құқық
бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар қолдануға:
1) осы Кодекстiң азаматтық авиация саласындағы уәкiлеттi органның
ведомстволығына жатқызылған барлық баптары бойынша – азаматтық авиация саласындағы
уәкiлеттi органның басшысы мен оның орынбасарлары;
2) осы Кодекстiң 564 (осы баптың бiрiншi, үшiншi және төртiншi бөлiктерiнде
көзделген, азаматтық авиацияға жатпайтын әуеайлақтарда немесе осындай әуеайлақтар
ауданында жасалған бұзушылықтар туралы iстердi қоспағанда), 565, 569 (үшінші,
бесінші, алтыншы және жетінші бөліктерінде), 589, 623 (әуе көлiгiнде бұзушылықтар
жасағаны үшін)-баптарында көзделген әкiмшiлiк құқық бұзушылықтар бойынша –
азаматтық авиация саласындағы уәкiлеттi органның осыған уәкілеттік берілген
лауазымды адамдары құқылы.
Ескерту. 691-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
692-бап. Байланыс және ақпараттандыру саласындағы
уәкiлеттi орган
1. Байланыс және ақпараттандыру саласындағы уәкiлеттi орган осы Кодекстiң 464
(бiрiншi бөлiгiнде), 636 (бiрiншi бөлiгiнде), 637(бiрiншi, екінші және үшінші
бөлiктерiнде), 638 (бiрiншi бөлiгiнде), 639, 640, 641-баптарында көзделген
әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға:
1) ақпараттандыру және байланыс саласындағы уәкiлеттi органның басшысы мен
оның орынбасарлары;
2) ақпараттандыру және байланыс саласындағы уәкiлеттi органның аумақтық
органдарының басшылары құқылы.
693-бап. Қазақстан Республикасының еңбек заңнамасы
саласындағы мемлекеттік бақылауды жүзеге
асыратын органдар
1. Мемлекеттiк еңбек инспекциясы органдары осы Кодекстiң
83 (жұмыс берушілер жасаған құқық бұзушылықтар бөлігінде),
86 (бiрiншi, екiншi және үшiншi
бөлiктерiнде), 87, 88, 89, 90, 93, 94, 95, 96, 97, 98, 230 (жұмыс берушiлер жасаған
құқық бұзушылықтар бойынша екiншi бөлiгiнде), 519 (бiрiншi, екiншi, үшінші, бесінші
және алтыншы бөлiктерiнде), 520-баптарында көзделген әкiмшiлiк құқық бұзушылық
туралы iстердi қарайды.
2. Алып тасталды - ҚР 29.12.2014 № 269-V Заңымен (01.01.2015 бастап
қолданысқа енгізіледі).
3. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға:
1) мемлекеттiк еңбек инспекторлары құқылы;
2) алып тасталды - ҚР 29.12.2014 № 269-V Заңымен (01.01.2015 бастап
қолданысқа енгізіледі).
Ескерту. 693-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 269-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
694-бап. Әдiлет органдары
1. Әдiлет органдары осы Кодекстiң 230 (екінші бөлігінде) (бұл бұзушылықтарды
жекеше нотариустар жасаған кезде), 457, 459, 460, 468, 670, 671 және 672-баптарында
көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға зияткерлiк меншiк құқықтары, нормативтік құқықтық актілерді мемлекеттік
тіркеу саласындағы, атқарушылық құжаттардың орындалуын қамтамасыз ету саласындағы
уәкiлеттi органның басшысы мен оның орынбасарлары, облыстық, Астана және Алматы
қалалары әдiлет органдарының басшысы мен оның орынбасарлары құқылы.
Ескерту. 694-бап жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
695-бап. Жылжымайтын мүлікке құқықтарды, заңды
тұлғаларды, азаматтық хал актiлерін
мемлекеттiк тiркеу, бағалау қызметiн реттеу
саласындағы уәкiлеттi орган
1. Жылжымайтын мүлікке құқықтарды, заңды тұлғаларды, азаматтық хал актiлерiн
мемлекеттiк тiркеу, бағалау қызметiн реттеу саласындағы уәкiлеттi орган осы
Кодекстiң 464 (бiрiншi бөлiгiнде), 466-баптарында көзделген әкiмшiлiк құқық
бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға жылжымайтын мүлікке құқықтарды, заңды тұлғаларды, азаматтық хал актiлерiн
мемлекеттiк тiркеу, бағалау қызметiн реттеу саласындағы уәкiлеттi органның, оның
аумақтық бөлімшелерінің басшылары мен олардың орынбасарлары құқылы.
Ескерту. 695-бап жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
696-бап. Көшi-қон жөнiндегi органдар
1. Көшi-қон жөнiндегi органдар осы Кодекстiң 520-бабында көзделген әкiмшiлiк
құқық бұзушылық туралы iстердi (өз құзыретi шегiнде) қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға Қазақстан Республикасының көшi-қон жөнiндегi органының басшысы, облыстық,
Астана және Алматы қалаларының көші-қон жөніндегі органының және көшi-қон жөнiндегi
оған теңестiрiлген органының бастығы құқылы.
697-бап. Қоршаған ортаны қорғау саласындағы уәкiлетті
орган
1. Қоршаған ортаны қорғау саласындағы уәкiлеттi орган осы Кодекстiң 139
(бiрiншi бөлiгiнде), 140 (екiншi бөлiгiнде),
230 (шаруашылық және өзге де қызметтiң экологиялық жағынан қауiптi түрлерiн жүзеге
асыратын тұлғалар жасаған құқық бұзушылықтар бойынша екiншi бөлiгiнде), 297
(бiрiншi бөлiгiнде), 324, 325, 326 (бiрiншi және екінші
бөлiктерiнде), 327, 328, 329, 330, 331, 332, 333 (бірінші
бөлігінде), 334, 335, 336, 337, 344, 346, 347, 351, 352, 353, 356 (екiншi
бөлiгiнде), 358, 374, 377, 379, 391, 392 (бiрiншi бөлігінде), 393 (бiрiншi
бөлiгiнде), 394, 395 (бiрiншi бөлiгiнде), 396 (бiрiншi бөлiгiнде), 397 (бiрiншi,
екінші және үшінші бөліктерінде), 399 (бiрiншi бөлiгiнде), 464 (бірінші бөлігінде)-
баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға:
1) облыстардың, республикалық маңызы бар қалалардың, астананың мемлекеттiк
экологиялық инспекторлары және аға мемлекеттiк экологиялық инспекторлары – жеке
тұлғаларға айлық есептiк көрсеткiштiң жиырмаға дейiнгi, лауазымды адамдарға – елуге
дейiнгi, заңды тұлғаларға – екi жүзге дейiнгi мөлшерiнде айыппұл салуға;
2) Қазақстан Республикасының мемлекеттiк экологиялық инспекторлары – жеке
тұлғаларға айлық есептiк көрсеткiштiң жиырмаға дейiнгi, лауазымды адамдарға –
жетпiске дейiнгi, заңды тұлғаларға – екi жүз елуге дейiнгi мөлшерiнде айыппұл
салуға;
3) Қазақстан Республикасының аға мемлекеттiк экологиялық инспекторлары – жеке
тұлғаларға айлық есептiк көрсеткiштiң қырыққа дейiнгi, лауазымды адамдарға – үш
жүзге дейiнгi, заңды тұлғаларға – бес жүзге дейiнгi мөлшерiнде айыппұл салуға;
4) облыстардың, республикалық маңызы бар қалалардың, астананың бас
мемлекеттiк экологиялық инспекторлары – жеке тұлғаларға айлық есептiк көрсеткiштiң
елуге дейiнгi, лауазымды адамдарға – бiр жүз елуге дейiнгi, заңды тұлғаларға – екi
мыңға дейiнгi мөлшерiнде айыппұл салуға, сондай-ақ Қазақстан Республикасының
заңнамасын бұза отырып жүргiзiлген операция сомасынан не қоршаған ортаға
келтiрiлген зиян сомасынан пайызбен көрсетiлген айыппұл салуға;
5) Қазақстан Республикасының Бас мемлекеттiк экологиялық инспекторы мен оның
орынбасары – жеке тұлғаларға айлық есептiк көрсеткiштiң елуге дейiнгi, лауазымды
адамдарға – бiр жүз елуге дейiнгi, заңды тұлғаларға – екi мыңға дейiнгi мөлшерiнде,
сондай-ақ Қазақстан Республикасының заңнамасын бұза отырып жүргiзiлген операция
сомасынан не қоршаған ортаға келтiрiлген зиян сомасынан пайызбен көрсетiлген
айыппұл салуға құқылы.
698-бап. Өнеркәсіптік қауіпсіздік саласындағы уәкілетті
орган
1. Өнеркәсіптік қауіпсіздік саласындағы уәкілетті орган осы Кодекстің 93, 230
(екінші бөлігінде) (қызметі үшінші тұлғаларға зиян келтіру қаупімен байланысты
объектілердің иелері жасаған құқық бұзушылықтар бөлігінде), 297, 298, 299 (бірінші
бөлігінде) (бөгеттер қауіпсіздігін қоспағанда), 305 (газбен жабдықтау жүйелері
объектілерінің күзет аймақтарындағы бұзушылықтар бойынша), 306, 307, 308, 351, 352,
353 (техникалық қауіпсіздік бөлігінде), 356 (он бірінші және он екінші
бөліктерінде), 464 (бірінші бөлігінде)-баптарында көзделген әкімшілік құқық
бұзушылықтар туралы істерді қарайды.
2. Өнеркәсіптік қауіпсіздік саласындағы уәкілетті орган атынан өнеркәсіптік
қауіпсіздік саласындағы әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және
әкiмшiлiк жазалар қолдануға:
1) облыстың, республикалық маңызы бар қаланың, астананың, ауданның, облыстық
маңызы бар қаланың, қаладағы ауданның өнеркәсіптік қауіпсіздік саласындағы
мемлекеттік қадағалау жөніндегі мемлекеттiк инспекторы – жеке тұлғаларға айлық
есептiк көрсеткiштiң онға дейiнгi, лауазымды адамдарға – елуге дейiнгi мөлшерiнде
айыппұл салуға;
2) Қазақстан Республикасының өнеркәсіптік қауіпсіздік саласындағы мемлекеттік
қадағалау жөніндегі мемлекеттiк инспекторы, облыстың, республикалық маңызы бар
қаланың, астананың өнеркәсіптік қауіпсіздік саласындағы мемлекеттік қадағалау
жөніндегі бас мемлекеттiк инспекторы және оның орынбасары – жеке тұлғаларға айлық
есептiк көрсеткiштiң жиырмаға дейiнгi, лауазымды адамдарға, дара кәсіпкеркерге –
бір жүзге дейiнгi, заңды тұлғаларға – екi жүзге дейiнгi мөлшерiнде айыппұл салуға;
3) Қазақстан Республикасының өнеркәсіптік қауіпсіздік саласындағы мемлекеттік
қадағалау жөніндегі бас мемлекеттiк инспекторы және оның орынбасары – жеке
тұлғаларға айлық есептiк көрсеткiштiң елуге дейiнгi, лауазымды адамдарға – бір
жүзге дейiнгi, заңды тұлғаларға – бес жүзге дейiнгi мөлшерiнде айыппұл салуға
құқылы.
Ескерту. 698-бап жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
699-бап. Қазақстан Республикасы Қорғаныс министрлiгiнiң
органдары
1. Қазақстан Республикасы Қорғаныс министрлiгiнiң органдары осы
Кодекстiң 642, 644, 645, 646, 647, 648, 649, 650-баптарында көзделген әкiмшiлiк
құқық бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкімшілік жазалар
қолдануға Қазақстан Республикасы Қорғаныс министрлiгi органдарының атынан
жергілікті әскери басқару органдарының бастықтары құқылы.
700-бап. Денсаулық сақтау органдары
1. Дәрiлiк заттардың, медициналық мақсаттағы бұйымдар мен медициналық
техниканың айналысы саласындағы мемлекеттiк орган және оның аумақтық бөлiмшелерi
осы Кодекстiң 424 (бiрiншi бөлiгiнде), 426(бiрiншi бөлiгiнде), 432, 464 (бiрiншi
бөлiгiнде)-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi өз
құзыреті шегінде қарайды.
Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға дәрiлiк заттардың, медициналық мақсаттағы бұйымдар мен медициналық
техниканың айналысы саласындағы мемлекеттiк органның басшысы, оның орынбасарлары,
аумақтық бөлiмшелерiнiң басшылары мен олардың орынбасарлары құқылы.
2. Медициналық қызметтер көрсету саласындағы мемлекеттiк орган және оның
аумақтық бөлiмшелерi осы Кодекстiң 80 (бiрiншi, екiншi және үшінші
бөлiктерiнде), 81 (бiрiншi бөлiгiнде), 82 (бiрiншi бөлiгiнде), 424 (бiрiншi, екiншi
және төртінші бөлiктерiнде), 428, 429, 432, 464 (бiрiншi бөлiгiнде)-баптарында
көзделген әкiмшiлiк құқық бұзушылық туралы iстердi өз құзыреті шегінде қарайды.
Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға медициналық қызметтер көрсету саласындағы мемлекеттiк органның басшысы,
оның орынбасарлары, аумақтық бөлiмшелерiнiң басшылары мен олардың орынбасарлары
құқылы.
701-бап Халықтың санитариялық-эпидемиологиялық
саламаттылығы саласындағы уәкілетті орган
Халықтың санитариялық-эпидемиологиялық саламаттылығы саласында бақылауды және
қадағалауды жүзеге асыратын органдар осы Кодекстің 93 (екінші және бесінші
бөліктерінде), 151 (бірінші бөлігінде), 203, 324, 327, 344, 351, 358, 425 (бірінші
бөлігінде), 430 (бірінші бөлігінде), 431, 464 (бірінші бөлігінде), 621 (бірінші,
екінші бөліктерінде)-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi
қарайды.
Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға халықтың санитариялық-эпидемиологиялық саламаттылығы саласындағы
мемлекеттiк органның басшысы, оның орынбасарлары, аумақтық бөлiмшелерiнiң басшылары
мен олардың орынбасарлары құқылы.
702-бап. Қазақстан Республикасы ішкі істер органдарының,
Ұлттық қауiпсiздiк комитетiнiң және Қазақстан
Республикасы Қорғаныс министрлiгiнiң мемлекеттік
санитариялық-эпидемиологиялық бақылауды және
қадағалауды жүзеге асыратын құрылымдық
бөлімшелері
1. Қазақстан Республикасы ішкі істер органдарының, Ұлттық қауiпсiздiк
комитетiнiң және Қазақстан Республикасы Қорғаныс министрлiгiнiң мемлекеттік
санитариялық-эпидемиологиялық бақылауды және қадағалауды жүзеге асыратын құрылымдық
бөлімшелері тиісінше: Қазақстан Республикасының ішкi iстер органдарына және Ұлттық
қауiпсiздiк комитетiне ведомстволық бағынысты; Қазақстан Республикасы Қорғаныс
министрлiгiнiң әскери қалашықтары мен оқу орталықтарының аумағында орналасқан
объектiлерде санитариялық қағидаларды және гигиеналық нормативтерді бұзушылықтар
туралы, осы Кодекстiң 425-бабының (бiрiншi бөлiгiнде) көзделген әкiмшiлiк құқық
бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға Қазақстан Республикасы ішкі істер органдарының, Ұлттық қауiпсiздiк
комитетiнiң, Қазақстан Республикасы Қорғаныс министрлiгiнiң мемлекеттік
санитариялық-эпидемиологиялық бақылауды және қадағалауды жүзеге асыратын құрылымдық
бөлімшелерінің басшылары мен олардың орынбасарлары не осыған уәкілеттік берілген
лауазымды адамдары құқылы.
703-бап. Ветеринария саласындағы уәкiлеттi орган
1. Ветеринария саласындағы уәкiлеттi органның лауазымды адамдары осы
Кодекстiң 406-бабында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
2. Осы Кодекстің 406-бабына сәйкес әкiмшiлiк құқық бұзушылық туралы iстердi
қарауға және әкiмшiлiк жазалар қолдануға:
1) Қазақстан Республикасының Бас мемлекеттiк ветеринариялық-санитариялық
инспекторы мен оның орынбасарлары;
2) ветеринариялық бақылау бекеттерiндегi мемлекеттiк ветеринариялық-
санитариялық инспекторлар;
3) облыстардың, республикалық маңызы бар қалалардың, астананың бас
мемлекеттiк ветеринариялық-санитариялық инспекторлары мен олардың орынбасарлары;
4) облыстардың, республикалық маңызы бар қалалардың, астананың мемлекеттiк
ветеринариялық-санитариялық инспекторлары;
5) аудандардың, облыстық маңызы бар қалалардың бас мемлекеттiк
ветеринариялық-санитариялық инспекторлары мен олардың орынбасарлары, мемлекеттік
ветеринариялық-санитариялық инспекторлары құқылы.
3. Ветеринария саласындағы уәкiлеттi органның лауазымды адамдары:
1) өткiзу орындарында – жануарларды, жануарлардан алынатын өнiмдер мен
шикiзатты өткiзу кезiнде ветеринариялық (ветеринариялық-санитариялық) қағидалардың
бұзылғаны үшiн;
2) темiржол, су және әуе көлiгiнде, жолдарда және мал айдайтын күре жолдарда
– мемлекеттiк ветеринариялық-санитариялық бақылауға және қадағалауға жататын, орны
ауыстырылатын (тасымалданатын) объектiлердi Қазақстан Республикасының аумағында
тасымалдауды (орнын ауыстыруды) жүзеге асыру кезiнде, сондай-ақ мал айдау кезiнде
ветеринариялық (ветеринариялық-санитариялық) қағидалардың бұзылғаны үшiн;
3) мемлекеттiк шекарада – Қазақстан Республикасының аумағын басқа
мемлекеттерден жануарлардың жұқпалы және экзотикалық ауруларының әкелiнуi мен
таралуынан қорғау бөлiгiнде ветеринариялық (ветеринариялық-санитариялық)
қағидалардың бұзылғаны үшiн айыппұлды сол жерде ала алады.
704-бап. Асыл тұқымды мал шаруашылығы саласындағы
уәкiлеттi орган
1. Асыл тұқымды мал шаруашылығы саласындағы уәкiлеттi органның лауазымды
адамдары осы Кодекстiң 407-бабында (бiрiншi бөлiгiнде) көзделген әкiмшiлiк құқық
бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға:
1) Қазақстан Республикасының асыл тұқымды мал шаруашылығы жөнiндегi Бас
мемлекеттiк инспекторы;
2) Қазақстан Республикасының асыл тұқымды мал шаруашылығы жөнiндегi Бас
мемлекеттiк инспекторының орынбасары;
3) облыстардың, республикалық маңызы бар қалалардың, астананың асыл тұқымды
мал шаруашылығы жөнiндегi бас мемлекеттiк инспекторлары мен олардың орынбасарлары;
4) аудандардың, облыстық маңызы бар қалалардың асыл тұқымды мал шаруашылығы
жөнiндегi мемлекеттік инспекторлары құқылы.
705-бап. Өсiмдiктер карантинi жөнiндегi уәкiлеттi орган
1. Өсiмдiктер карантинi жөнiндегi уәкiлеттi орган мен оның жергiлiктi жердегi
органдары осы Кодекстiң 400-бабында (бірінші, үшінші және төртінші бөліктерінде)
көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға:
1) Қазақстан Республикасының өсiмдiктер карантинi жөнiндегi Бас мемлекеттiк
инспекторы мен оның орынбасары;
2) тиісті облыстардың, республикалық маңызы бар қаланың, астананың өсiмдiктер
карантинi жөнiндегi бас мемлекеттiк инспекторлары;
3) Қазақстан Республикасының тиісті әкімшілік-аумақтық бірліктерінің және
фитосанитариялық бақылау бекеттерінің өсiмдiк карантинi жөнiндегi мемлекеттiк
инспекторлары құқылы.
Ескерту. 705-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
706-бап. Тұқым шаруашылығы және астық нарығын
реттеу саласындағы уәкiлеттi орган
1. Тұқым шаруашылығы және астық нарығын реттеу саласындағы уәкiлеттi орган
мен оның аумақтық органдары осы Кодекстiң 401 (бірінші және екiншi бөлiктерiнде),
402 (бесінші бөлiгiнде)-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы
iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға аумақтық органдардың басшылары мен олардың орынбасарлары құқылы.
Ескерту. 706-бап жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
707-бап. Өсiмдiктердi қорғау саласындағы уәкiлеттi орган
1. Өсiмдiктердi қорғау саласындағы уәкiлеттi орган мен оның жергiлiктi
жердегi бөлiмшелерi осы Кодекстiң 297, 377,
403-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға:
1) Қазақстан Республикасының өсiмдiктердi қорғау жөнiндегi Бас мемлекеттiк
инспекторы;
2) Қазақстан Республикасының тиiстi әкiмшiлiк-аумақтық бiрлiктерінің
өсiмдiктердi қорғау жөнiндегi бас мемлекеттiк инспекторлары;
3) өсiмдiктердi қорғау жөнiндегi мемлекеттiк инспекторлар құқылы.
708-бап. Су қорын пайдалану және қорғау саласындағы
уәкiлеттi органдар
1. Су қорын пайдалану және қорғау саласындағы уәкiлеттi органдар осы
Кодекстiң 138 (екінші бөлігінде), 141, 299 (бірінші бөлігінде) (өнеркәсіптік
қауіпсіздікті қоспағанда), 358, 359, 360 (екінші бөлігінде), 361, 362, 363, 365-
баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға:
1) суды пайдалануды реттеу мен қорғау жөнiндегi бас мемлекеттiк инспектор мен
оның орынбасарлары, суды пайдалануды реттеу мен қорғау жөнiндегi бас мемлекеттiк
бассейндік (аумақтық) инспекторлар мен олардың орынбасарлары – жеке тұлғаларға –
айлық есептiк көрсеткiштiң отыз беске дейiнгi, лауазымды адамдарға, шағын немесе
орта кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – жетпiс беске
дейiнгi, iрi кәсiпкерлiк субъектiлерiне төрт жүзге дейiнгi мөлшерiнде айыппұл
салуға;
2) суды пайдалануды реттеу мен қорғау жөнiндегi аға мемлекеттiк инспекторлар
– жеке тұлғаларға айлық есептiк көрсеткiштiң отызға дейiнгi, лауазымды адамдарға,
шағын немесе орта кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға –
алпыс беске дейiнгi, iрi кәсiпкерлiк субъектiлерiне екi жүз жетпiске дейiнгi
мөлшерiнде айыппұл салуға;
3) суды пайдалануды реттеу мен қорғау жөнiндегi мемлекеттiк инспекторлар –
жеке тұлғаларға айлық есептiк көрсеткiштiң жиырма беске дейiнгi, лауазымды
адамдарға, шағын немесе орта кәсiпкерлiк субъектiлерiне немесе коммерциялық емес
ұйымдарға – алпысқа дейiнгi, iрi кәсiпкерлiк субъектiлерiне екi жүз алпысқа дейiнгi
мөлшерiнде айыппұл салуға құқылы.
Ескерту. 708-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
709-бап. Орман, балық және аңшылық шаруашылығы саласындағы
уәкiлеттi органдар
1. Орман, балық және аңшылық шаруашылығы саласындағы уәкiлеттi органдар осы
Кодекстiң 138 (екінші
бөлігінде), 142, 143, 337, 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 3
76, 377, 378, 379, 380, 381, 382 (бірінші бөлігінде), 383 (бірінші, екінші және
бесінші бөліктерінде), 384, 385 (бірінші бөлігінде), 386, 387, 388, 390, 394
(бірінші бөлігінде), 395 (бірінші бөлігінде), 396 (бірінші бөлігінде), 464 (бірінші
бөлігінде)-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
2. Орман, балық және аңшылық шаруашылығы саласындағы органдардың атынан
әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар қолдануға:
1) осы Кодекстiң 138 (екінші
бөлігінде), 142, 143, 337, 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 3
76, 377, 378, 379, 380, 381, 382 (бірінші бөлігінде), 383 (бірінші, екінші және
бесінші бөліктерінде), 384, 385 (бірінші бөлігінде), 386, 387, 388, 390, 394
(бірінші бөлігінде), 395 (бірінші бөлігінде), 396 (бірінші бөлігінде), 464 (бірінші
бөлігінде)-баптарында көзделген әкiмшiлiк құқық бұзушылықтар үшiн – Қазақстан
Республикасының орман, балық және аңшылық шаруашылығы саласындағы уәкiлеттi
органдары мен олардың аумақтық органдарының лауазымды адамдары;
2) осы
Кодекстiң 138, 337, 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 377, 379, 381
, 382 (бiрiншi бөлiгiнде), 387, 388-баптарында көзделген әкiмшiлiк құқық
бұзушылықтар үшiн – орман шаруашылығы мемлекеттiк мекемелерiнiң басшылары,
басшыларының орынбасарлары;
3) осы
Кодекстiң 138, 337, 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 377, 379, 381
, 382 (бiрiншi бөлiгiнде), 387, 388-баптарында көзделген әкiмшiлiк құқық
бұзушылықтар үшiн – облыстық атқарушы органдардың орман және аңшылық шаруашылығы
құрылымдық бөлiмшелерiнiң лауазымды адамдары;
4) осы Кодекстiң 138, 143, 337, 339, 366, 367 (үшінші бөлігінде), 368 (екінші
бөлігінде), 369 (екінші бөлігінде), 370 (төртінші бөлігінде), 371, 372 (төртінші
бөлігінде), 373 (екінші бөлігінде), 374 (екінші бөлігінде), 377 (екінші
бөлігінде), 379, 380, 381, 382 (бірінші бөлігінде), 383 (бірінші, екінші және
бесінші бөліктерінде), 384, 387, 388-баптарында көзделген әкiмшiлiк құқық
бұзушылықтар үшiн – мемлекеттiк мекеме ұйымдық-құқықтық нысанында құрылған, ерекше
қорғалатын табиғи аумақтар күзет қызметiнiң басшылары, басшыларының орынбасарлары,
бастықтары құқылы.
710-бап. Жердi пайдалану мен қорғауды мемлекеттiк
бақылауды жүзеге асыратын органдар
1. Жер ресурстарын басқару жөнiндегi орталық уәкiлеттi орган осы Кодекстiң
137, 341, 342-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi
қарайды.
Облыстың, республикалық маңызы бар қаланың, астананың жергілікті атқарушы
органдарының жердi пайдалану мен қорғауды бақылау жөніндегі уәкiлеттi органы осы
Кодекстiң 136, 137 (бірінші бөлігінің 2) тармақшасында), 138 (бірінші бөлігінде),
337, 338, 339, 340-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi
қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға:
1) Қазақстан Республикасының жердi пайдалану мен қорғау жөнiндегi бас
мемлекеттiк инспекторы – жеке тұлғаларға айлық есептiк көрсеткiштiң – жетпiс беске
дейiнгi, лауазымды адамдарға, шағын немесе орта кәсiпкерлiк субъектiлерiне немесе
коммерциялық емес ұйымдарға – бір жүз елуге дейiнгi, iрi кәсiпкерлiк субъектiлерiне
– жетi жүзге дейiнгi мөлшерiнде айыппұл салуға;
2) тиiстi әкiмшiлiк-аумақтық бiрлiктердiң жердi пайдалану мен қорғау
жөнiндегi бас мемлекеттiк инспекторлары – жеке тұлғаларға айлық есептiк
көрсеткiштiң жетпiс беске дейiнгi, лауазымды адамдарға, шағын немесе орта
кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға – бір жүз елуге
дейiнгi, iрi кәсiпкерлiк субъектiлерiне жетi жүзге дейiнгi мөлшерiнде айыппұл
салуға;
3) жердi пайдалану мен қорғау жөнiндегi мемлекеттiк инспекторлар – жеке
тұлғаларға айлық есептiк көрсеткiштiң жетпiс беске дейiнгi, лауазымды адамдарға,
шағын немесе орта кәсiпкерлiк субъектiлерiне немесе коммерциялық емес ұйымдарға –
бір жүз елуге дейiнгi, iрi кәсiпкерлiк субъектiлерiне – үш жүзге дейiнгi мөлшерiнде
айыппұл салуға құқылы.
Ескерту. 710-бап жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
711-бап. Инвестициялар жөнiндегi уәкiлеттi орган
1. Инвестициялар жөнiндегi уәкiлеттi орган осы Кодекстiң 148-бабында
көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға инвестициялар жөнiндегi уәкiлеттi органның басшысы мен оның орынбасарлары
құқылы.
712-бап. Геодезия және картография саласындағы
мемлекеттік бақылауды жүзеге асыратын органдар
1. Геодезия және картография саласындағы уәкілетті орган осы Кодекстің 138
(екінші бөлігінде), 343-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы
iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға геодезия және картография саласындағы уәкілетті орган ведомствосының
лауазымды адамдары құқылы.
Ескерту. 712-бап жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
713-бап. Монополияға қарсы орган
1. Монополияға қарсы орган осы Кодекстiң 160 (бірінші
бөлігінде), 161, 162, 163, 201-баптарында көзделген әкiмшiлiк құқық бұзушылық
туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға монополияға қарсы органның басшысы мен оның орынбасарлары, сондай-ақ
монополияға қарсы органның аумақтық бөлiмшелерiнiң басшылары мен олардың
орынбасарлары құқылы.
714-бап. Табиғи монополиялар салаларындағы және реттелетiн
нарықтардағы басшылықты жүзеге асыратын
уәкiлеттi орган
1. Табиғи монополиялар салаларындағы және реттелетiн нарықтардағы басшылықты
жүзеге асыратын уәкiлеттi орган осы Кодекстiң 164, 165, 166, 167, 168, 250, 464
(бiрiншi бөлiгiнде)-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi
қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға табиғи монополиялар салаларындағы және реттелетiн нарықтардағы басшылықты
жүзеге асыратын уәкiлеттi органның басшысы мен оның орынбасарлары, сондай-ақ табиғи
монополиялар салаларындағы және реттелетiн нарықтардағы басшылықты жүзеге асыратын
уәкiлеттi органның аумақтық органдарының басшылары мен олардың орынбасарлары
құқылы.
715-бап. Техникалық реттеу және өлшем бiрлiгiн қамтамасыз
ету саласындағы мемлекеттiк бақылауды жүзеге
асыратын органдар
1. Техникалық реттеу және өлшем бiрлiгiн қамтамасыз ету саласындағы
мемлекеттiк бақылауды жүзеге асыратын органдар осы Кодекстiң 193 (бірінші
бөлігінде), 203, 415 (бiрiншi бөлiгiнде),
417 (екінші, үшінші, төртінші және бесінші бөліктерінде), 418,
419 (бiрiншi бөлiгiнде), 464 (бiрiншi бөлiгiнде), 638 (бiрiншi
бөлiгiнде)-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк жазаларды Қазақстан Республикасының мемлекеттiк бақылау және
қадағалау жөнiндегi Бас мемлекеттiк инспекторы мен оның орынбасарлары, сондай-ақ
облыстар мен қалалардың мемлекеттiк бақылау және қадағалау жөнiндегi бас
мемлекеттiк инспекторлары мен олардың орынбасарлары қолдануға құқылы.
716-бап. Ауыл шаруашылығы техникасын тiркеу жөнiндегi
уәкiлеттi орган
1. Ауыл шаруашылығы техникасын тiркеу жөнiндегi уәкiлеттi орган осы
Кодекстiң 590 (бiрiншi, екiншi бөлiктерiнде) (тракторлардың, өздiгiнен жүретiн ауыл
шаруашылығы, мелиорациялық және жол-құрылыс машиналарының жүргiзушiлерi жасаған
құқық бұзушылықтар бөлiгiнде), ауыл шаруашылығы техникасын, тракторларды, өзге де
өздiгiнен жүретiн машиналар мен жабдықты тiркеу жөнiндегi қадағалаушы уәкiлеттi
органдарға қатысты бөлiгiнде 612, 617, 619, 627-баптарында көзделген әкiмшiлiк
құқық бұзушылық туралы iстердi қарайды.
2. Ауыл шаруашылығы техникасын тiркеу жөнiндегi уәкiлеттi органның атынан
әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар қолдануға
ауыл шаруашылығы техникасын тiркеу жөнiндегi аудандық және облыстық уәкiлеттi
органдардың инженер-инспекторлары құқылы.
717-бап. Өсiмдiк шаруашылығы саласындағы уәкiлеттi
мемлекеттiк орган
1. Өсiмдiк шаруашылығы саласындағы уәкiлеттi мемлекеттiк орган осы
Кодекстiң 228 (үшінші және жетінші бөлiктерiнде) (өзара сақтандыру қоғамдарының
өсiмдiк шаруашылығында жасаған құқық бұзушылықтары бөлiгiнде), 230 (екiншi
бөлiгiнде) (өсiмдiк шаруашылығы өнiмiн өндiрушiлер жасаған құқық бұзушылықтар
бөлiгiнде)-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға өсiмдiк шаруашылығы саласындағы уәкiлеттi мемлекеттiк органның басшысы
мен оның орынбасарлары, аумақтық органдардың басшылары мен олардың орынбасарлары
құқылы.
718-бап. Объектiлердi салу сапасына мемлекеттiк
сәулет-құрылыс бақылауын және қадағалауын жүзеге
асыратын органдар
1. Объектiлердi салу сапасына мемлекеттiк сәулет-құрылыс бақылауын және
қадағалауын жүзеге асыратын органдар осы Кодекстiң 309, 312 (бiрiншi
бөлiгiнде), 315, 316 (бiрiншi бөлiгiнде), 317 (бірінші, екінші және үшінші
бөліктерінде), 318, 321, 322, 323, 464 (бірінші бөлігінде)-баптарында көзделген
әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға Қазақстан Республикасының Бас мемлекеттiк құрылыс инспекторы мен оның
орынбасарлары, сондай-ақ облыстардың, республикалық маңызы бар қалалардың,
астананың бас мемлекеттiк құрылыс инспекторлары құқылы.
719-бап. Мемлекеттiк статистика саласындағы уәкiлеттi
орган
1. Мемлекеттiк статистика саласындағы уәкiлеттi орган осы
Кодекстiң 497, 499, 500, 501, 502, 503-баптарында көзделген әкiмшiлiк құқық
бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға мемлекеттiк статистика саласындағы уәкiлеттi органның аумақтық
органдарының басшылары мен олардың орынбасарлары құқылы.
720-бап. Мемлекеттік кіріс органдары
1. Мемлекеттік кіріс органдары осы Кодекстiң 91 (алтыншы, жетінші және
сегізінші бөліктерінде), 92 (екінші, үшінші және төртінші бөліктерінде), 151
(бірінші бөлігінде), 152, 155, 157, 177, 178, 179, 180, 181, 194, 195, 196, 203,
205, 221, 233 (бірінші бөлігінде), 239 (бірінші және екінші бөліктерінде), 246-1,
266, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281 (бірінші,
екінші және үшінші бөліктерінде), 282 (бірінші, екінші, бесінші, сегізінші, оныншы
және он екінші бөліктерінде), 284, 285, 286, 287, 288, 464 (бірінші бөлігінде),
471, 472, 474, 521, 522, 523, 524, 525, 526, 527, 528 (екінші және үшінші
бөліктерінде), 529, 530, 531, 533, 534, 535, 536, 537, 538, 539, 540, 542, 543
(екінші бөлігінде), 546, 547, 548 (бірінші бөлігінде), 551 (бірінші және үшінші
бөліктерінде), 552 (бірінші бөлігінде), 553, 554, 555, 556, 557 және 558-баптарында
көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
2. Мемлекеттік кіріс органдары осы бөлікте санамаланған әкімшілік құқық
бұзушылықтар Қазақстан Республикасының Мемлекеттік шекарасы арқылы автомобиль
өткізу пункттерінде жасалған кезде, осы Кодекстің 230 (екінші бөлігінде), 297, 324
(бірінші бөлігінде), 334, 377 (бірінші бөлігінде), 400 (бірінші бөлігінде), 406
(бірінші және екінші бөліктерінде), 425 (бірінші бөлігінде), 571 (екінші және
үшінші бөліктерінде), 572 (бірінші бөлігінде), 573, 574, 589 (автомобиль
көлігіндегі әкімшілік құқық бұзушылықтар бойынша), 590 (бірінші, екінші, бесінші,
алтыншы, жетінші, сегізінші және оныншы бөліктерінде), 593 (екінші, үшінші,
төртінші және бесінші бөліктерінде), 609, 612 (үшінші бөлігінде) және 621 (төртінші
бөлігінде)-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi де
қарайды.
3. Мемлекеттік кіріс органдарының атынан әкiмшiлiк құқық бұзушылық туралы
iстердi қарауға және әкiмшiлiк жазалар қолдануға:
мемлекеттік кіріс органдарының ведомстволық бағыныстылығына жатқызылған, осы
Кодекстің барлық баптары бойынша – мемлекеттік кіріс органдарының басшылары мен
олардың орынбасарлары;
осы Кодекстің 91 (алтыншы бөлігінде), 92 (екінші бөлігінде), 195 (бірінші
бөлігінде), 269 (бірінші бөлігінде), 270 (бірінші және үшінші бөліктерінде), 271
(бірінші бөлігінде), 272 (бірінші бөлігінде), 276 (бірінші бөлігінде), 284
(бірінші, үшінші, бесінші, жетінші, тоғызыншы, он бірінші, он үшінші, он бесінші
және он жетінші бөліктерінде)-баптарында көзделген әкімшілік құқық бұзушылықтар
бойынша ескерту түрінде, сондай-ақ 897-бабында көзделген тәртіппен айыппұл түрінде
әкімшілік жаза – мемлекеттік кіріс органдарының басшысы уәкілеттік берген лауазымды
адамдары құқылы.
Ескерту. 720-бап жаңа редакцияда - ҚР 29.12.2014 № 269-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
721-бап. Сыбайлас жемқорлыққа қарсы қызмет
1. Сыбайлас жемқорлыққа қарсы қызмет осы Кодекстiң 174 (бірінші, үшінші және
төртінші бөліктерінде), 274, 471, 472, 473, 474, 475-баптарында көзделген әкiмшiлiк
құқық бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға сыбайлас жемқорлыққа қарсы қызметтің басшысы мен оның орынбасарлары,
облыстар бойынша, республикалық маңызы бар қаланың, Қазақстан Республикасы
астанасының, өңіраралық, аудандық, қалалық, қалалардағы аудандық сыбайлас
жемқорлыққа қарсы қызметтің және сыбайлас жемқорлыққа қарсы қызметтің арнаулы
бөлiмшелерiнiң басшылары мен олардың орынбасарлары құқылы.
Ескерту. 721-бап жаңа редакцияда - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015
бастап қолданысқа енгізіледі).
722-бап. Қазақстан Республикасы Қаржы министрлiгiнiң
органдары
1. Қазақстан Республикасы Қаржы министрлiгiнiң органдары осы Кодекстiң 230
(екінші бөлігінде) (бұл бұзушылықтарды аудиторлық ұйымдар жасаған кезде), 233
(екінші бөлігінде), 234, 238, 239 (бірінші және екінші бөліктерінде), 240, 241, 247
(бірінші, екінші, үшінші, бесінші және жетінші
бөліктерінде), 248, 249, 250, 267, 464 (бiрiншi бөлiгiнде (бұл бұзушылықтарды
аудиторлық ұйымдар жасаған кезде)-баптарында көзделген әкiмшiлiк құқық бұзушылық
туралы iстердi қарайды.
2. Осы Кодекстiң 230 (екінші бөлігінде) (бұл бұзушылықтарды аудиторлық
ұйымдар жасаған кезде), 233 (екінші бөлігінде), 234, 238, 239 (бірінші және екінші
бөліктерінде), 240, 241, 247 (бірінші, екінші, үшінші, бесінші және жетінші
бөліктерінде), 248, 249, 250, 267, 464 (бiрiншi бөлiгiнде) (бұл бұзушылықтарды
аудиторлық ұйымдар жасаған кезде)-баптарында көзделген әкiмшiлiк құқық бұзушылықтар
үшiн әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға мемлекеттiк қаржылық бақылау және мемлекеттiк сатып алу саласындағы
уәкiлеттi мемлекеттiк органның басшысы мен оның орынбасарлары, аумақтық органдардың
басшылары; уәкiлеттi мемлекеттiк органның басшысы мен оның орынбасарлары,
аудиторлық қызмет саласындағы реттеудi жүзеге асыратын аумақтық органдардың
басшылары құқылы.
723-бап. Iшкi бақылау жөнiндегi уәкiлеттi орган
1. Iшкi бақылау жөнiндегi уәкiлеттi орган осы Кодекстiң 207, 209-баптарында
көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға iшкi бақылау жөнiндегi уәкiлеттi органның басшысы мен оның орынбасарлары,
аумақтық бөлiмшелердiң басшылары құқылы.
724-бап. Қазақстан Республикасының Ұлттық Банкі
1. Қазақстан Республикасының Ұлттық Банкi осы Кодекстiң 91 (бірінші, екінші,
үшінші, бесінші, тоғызыншы, оныншы, он бірінші және он екінші
бөліктерінде), 186, 206, 208, 210, 211 (екінші, үшінші, төртінші, бесінші және
алтыншы
бөліктерінде), 212, 213, 215, 217, 218, 220, 222, 223, 224, 225, 226, 227, 228
(бірінші, екінші, төртінші, бесінші, алтыншы, сегізінші, тоғызыншы, оныншы, он
бірінші, он екінші, он үшінші, он төртінші, он бесінші, он алтыншы және он жетінші
бөліктерінде), 229, 230 (бірінші, үшінші және төртінші бөліктерінде), 231, 232, 239
(үшінші және төртінші бөліктерінде), 242, 243, 244, 247 (төртінші және сегізінші
бөліктерінде), 252 (бірінші және үшінші
бөліктерінде), 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 286
, 464 (бірінші бөлігінде), 497 (алғашқы статистикалық деректерді жинау құзыретiне
кiретiн бөлiгiнде)-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi
қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға Қазақстан Республикасы Ұлттық Банкінің Төрағасы, оның орынбасарлары,
аумақтық филиалдардың басшылары құқылы.
3. Қазақстан Республикасы Ұлттық Банкiнің, сондай-ақ әкiмшiлiк құқық
бұзушылық жасалғандығы туралы хаттама жасауға құқығы бар қызметкерлерiнiң
өкiлеттiктерi осы Кодекске сәйкес айқындалады.
725-бап. Қазақстан Республикасының халықты әлеуметтiк
қорғау органдары
1. Қазақстан Республикасының халықты әлеуметтiк қорғау органдары осы
Кодекстiң 83 (жұмыс берушілер жасаған құқық бұзушылықтардан басқа), 84, 91
(төртінші бөлігінде), 92 (бiрiншi бөлiгiнде)-баптарында көзделген әкiмшiлiк құқық
бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк айыппұлдар
салуға Қазақстан Республикасының халықты әлеуметтiк қорғау органдарының басшылары,
олардың орынбасарлары құқылы.
726-бап. Қазақстан Республикасының ұлттық қауiпсiздiк
органдары
1. Ұлттық қауiпсiздiк органдары осы Кодекстiң 192, 504-баптарында көзделген
әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
2. Осы Кодекстiң 192, 464 (бірінші бөлігі), 504-баптары бойынша әкiмшiлiк
құқық бұзушылық туралы iстердi қарауға және белгiленген әкiмшiлiк жазаларды
қолдануға Ұлттық қауiпсiздiк комитетi департаментiнiң бастығы мен оның
орынбасарлары, аумақтық органдарының басшылары мен олардың орынбасарлары құқылы.
3. Қазақстан Республикасы Ұлттық қауiпсiздiк комитетiнің Шекара қызметі осы
Кодекстің 382 (бірінші бөлігінде), 383 (бірінші және екінші бөліктерінде), 393
(шекаралық кеңістікте жасалған)-баптарында, сондай-ақ 394, 395 (бірінші
бөлігінде), 396 (бірінші бөлігінде), 510, 512 (бірінші бөлігінде), 513 (бірінші
бөлігінде), 514 (бірінші бөлігінде), 515, 517 (бірінші және үшінші бөліктерінде)-
баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
4. Ұлттық қауiпсiздiк комитетi Шекара қызметінің атынан әкiмшiлiк құқық
бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар қолдануға:
1) Қазақстан Республикасы Ұлттық қауiпсiздiк комитетi Шекара қызметiнiң
басшысы мен оның орынбасарлары, арнаулы бiрлестiктердiң басшылары мен олардың
орынбасарлары – ескерту жасауға не жеке тұлғаларға және лауазымды адамдарға айлық
есептiк көрсеткiштің жетпіске дейінгі, жеке кәсіпкерлік субъектілеріне – екі мыңға
дейінгі мөлшерінде айыппұл салуға;
2) шекара отрядтарының бастықтары, шекаралық бақылау әскери бөлімшелерінің,
теңіз әскери бөлімшелерінің командирлерi, жекелеген шекара комендатураларының
коменданттары мен олардың орынбасарлары – ескерту жасауға немесе жеке тұлғаларға
және лауазымды адамдарға айлық есептiк көрсеткiштің жетпіске дейінгі, жеке
кәсіпкерлік субъектілеріне – екі жүзге дейінгі мөлшерінде айыппұл салуға;
3) шекара комендатураларының коменданттары және шекаралық бақылау
бөлімдерінің бастықтары мен олардың орынбасарлары – ескерту жасауға немесе жеке
тұлғаларға айлық есептiк көрсеткiштің жиырмаға дейінгі, лауазымды адамдарға –
жиырма беске дейінгі мөлшерінде айыппұл салуға құқылы.
Ескерту. 726-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
727-бап. Әскери полиция органдары
1. Әскери полиция органдары осы Кодекстің 511, 590 (бірінші, екінші, үшінші,
бесінші, алтыншы, жетінші, тоғызыншы және оныншы бөліктерінде), 591, 592, 593, 594,
595, 596 (бірінші, екінші және төртінші бөліктерінде), 597, 598, 599, 600, 601,
602, 603 (үшінші бөлігінде), 606 (бірінші бөлігінде), 607 (бірінші бөлігінде), 611
(бірінші бөлігінде), 612, 613 (он екінші және он үшінші бөліктерінде), 614, 615
(бірінші, екінші және үшінші бөліктерінде), 617, 619, 620, 621 (бірінші, екінші
және төртінші бөліктерінде)-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы
iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға әскери полиция органдарының уәкілеттік берілген лауазымды адамдары
құқылы.
3. Қазақстан Республикасы Қарулы Күштерінің әскери полициясы органдарының
көлік саласындағы әкімшілік құқық бұзушылықтар бойынша құзыреті, осы баптың
төртінші және бесінші бөліктерін қоспағанда, әскери қызметшілерге, жиынға
шақырылған әскери мiндеттiлерге, сондай-ақ Қазақстан Республикасы Қарулы
Күштерінің, Қазақстан Республикасы басқа да әскерлері мен әскери құралымдарының
әскери көлік құралдарын басқаратын адамдарға қолданылады.
4. Қазақстан Республикасы Ұлттық қауіпсіздік комитетінің әскери полициясы
органдарының көлік саласындағы әкімшілік құқық бұзушылықтар бойынша құзыреті
Қазақстан Республикасы арнаулы мемлекеттік органдарының көлік құралдарын басқаратын
қызметкерлеріне, жұмыскерлеріне және әскери қызметшілеріне қолданылады.
5. Қазақстан Республикасы Ұлттық ұланының әскери полициясы органдарының көлік
саласындағы әкімшілік құқық бұзушылықтар бойынша құзыреті әскери қызметшілерге,
жиынға шақырылған әскери мiндеттiлерге, сондай-ақ Ұлттық ұланның әскери көлік
құралдарын басқаратын адамдарға қолданылады.
6. Қазақстан Республикасы Қарулы Күштерінің, Қазақстан Республикасы басқа да
әскерлері мен әскери құралымдарының көлік құралдарының жүргізушілері – әскери
қызметшілер, жиынға шақырылған әскери мiндеттiлер жасаған, әкімшілік жаза ретінде
белгіленген тәртіппен айыппұл көзделген бұзушылықтар туралы материалдарды әскери
полиция органдары кінәліларды Қазақстан Республикасы Қарулы Күштерінің, Қазақстан
Республикасы басқа да әскерлері мен әскери құралымдарының Тәртіптік жарғысы бойынша
жауаптылыққа тарту туралы мәселені шешу үшін тиісті командирлерге (бастықтарға)
береді.
Ескерту. 727-бапқа өзгерістер енгізілді - ҚР 29.12.2014 № 272-V (01.01.2015
бастап қолданысқа енгізіледі); 10.01.2015 № 275-V (алғашқы ресми жарияланған
күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.
728-бап. Акцизделетiн өнiм өндiрудi және олардың
айналымын мемлекеттiк бақылау жөнiндегi органдар
1. Акцизделетiн өнiм өндiрудi және олардың айналымын мемлекеттiк бақылау
жөнiндегi органдар осы Кодекстің 281 (бiрiншi, екінші және үшінші
бөлiктерiнде), 282 (бiрiншi, екінші, бесінші, сегізінші, оныншы және он екінші
бөлiктерiнде), 464 (бiрiншi бөлiгiнде)-баптарында көзделген әкiмшiлiк құқық
бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға акцизделетiн өнiм өндiрудi және олардың айналымын мемлекеттiк бақылау
жөнiндегi органның басшылары (орынбасарлары) құқылы.
Ескерту. 728-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
729-бап. Жергiлiктi атқарушы органдар
1. Облыстың, республикалық маңызы бар қаланың және астананың, ауданның
(республикалық, облыстық маңызы бар қаланың және астананың) жергiлiктi атқарушы
органы осы Кодекстiң 75 (үшінші және төртінші бөліктерінде), 144 (бірінші
(тұтынушылардың жылуды пайдаланалатын құрылғылары бөлігінде) және екінші
бөліктерінде), 172 (бірінші, үшінші және төртінші бөліктерінде) (барлық қуаттардағы
қазандықтардың жылу-механикалық жабдықтарын және жылу желілерін (магистральдық,
орамішілік) пайдалану бөлігінде), 199 (бірінші, үшінші және төртінші бөліктерінде),
202, 204, 250, 301 (барлық қуаттардағы қазандықтар және жылу желілері
(магистральдық, орамішілік) бөлігінде), 303 (барлық қуаттардағы қазандықтар
бөлігінде), 304, 305 (жылу желілерінің (магистральдық, орамішілік) күзет аймақтары
бөлігінде), 306 (бірінші және екінші бөліктерінде), 320 (бесінші, алтыншы және
жетінші бөліктерінде), 401 (үшінші, төртінші, бесінші, жетінші, сегізінші,
тоғызыншы, оныншы және он бірінші бөліктерінде), 402 (бірінші, екінші және үшінші
бөліктерінде), 404 (бірінші, екінші, үшінші, төртінші, бесінші, алтыншы, жетінші
және сегізінші бөліктерінде), 405 (екінші бөлігінде), 409 (сегізінші, тоғызыншы,
оныншы және он бірінші бөліктерінде), 452 (бірінші, екінші, бесінші, жетінші,
сегізінші бөліктерінде, тоғызыншы бөліктің 1), 2), 3) тармақшаларында, оныншы
бөлігінде), 454 (бiрiншi бөлiгiнде), 455 (бірінші, екінші және үшінші
бөліктерінде), 464 (бiрiншi бөлiгiнде), 491-баптарында көзделген әкiмшiлiк құқық
бұзушылық туралы iстердi қарайды.
2. Әкімшілік құқық бұзушылық туралы істерді қарауға және әкімшілік жазалар
қолдануға облыстың, республикалық маңызы бар қаланың және астананың, ауданның
(республикалық, облыстық маңызы бар қаланың және астананың) әкімі мен оның
орынбасарлары құқылы.
3. Аудандық маңызы бар қалалардың, ауылдардың, кенттердің, ауылдық
округтердің әкімдері осы Кодекстің 144 (бірінші (тұтынушылардың жылуды пайдаланатын
құрылғылары бөлігінде) және екінші бөліктерінде), 146, 147, 172 (бірінші, үшінші
және төртінші бөліктерінде) (барлық қуаттардағы қазандықтардың жылу-механикалық
жабдықтарын және жылу желілерін (магистральдық, орамішілік) пайдалану бөлігінде),
204, 301 (барлық қуаттардағы қазандықтар және жылу желілері (магистральдық,
орамішілік) бөлігінде), 303 (барлық қуаттардағы қазандықтар бөлігінде), 304, 305
(жылу желілерінің (магистральдық, орамішілік) күзет аймақтары бөлігінде), 320
(бесінші, алтыншы және жетінші бөліктерінде), 386, 408, 409 (сегізінші, тоғызыншы,
оныншы және он бірінші бөліктерінде), 491 және 505-баптарында көзделген, аудандық
маңызы бар қалалардың, ауылдардың, кенттердің, ауылдық округтердің аумағында
жасалған әкімшілік құқық бұзушылықтар үшін әкiмшiлiк құқық бұзушылық туралы iстердi
қарауға және әкімшілік жазалар қолдануға құқылы.
Ескерту. 729-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
730-бап. Бiлiм беру саласындағы уәкiлеттi орган
1. Бiлiм беру саласындағы уәкiлеттi орган осы Кодекстiң 84, 409 (бірінші,
екінші, үшінші, төртінші, бесінші және алтыншы бөліктерінде), 464 (бiрiншi
бөлiгінде)-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға бiлiм беру саласындағы уәкiлеттi органның басшысы мен оның орынбасарлары,
бiлiм беру саласындағы уәкiлеттi органның аумақтық органдарының басшылары мен
олардың орынбасарлары құқылы.
731-бап. Туристiк қызмет саласындағы уәкiлеттi орган
1. Туристiк қызмет саласындағы уәкiлеттi орган осы Кодекстiң
187 (бiрiншi бөлiгiнде), 230 (екінші бөлігінде) (туроператорлар және турагенттер
жасаған құқық бұзушылықтар бөлігінде), 464 (бiрiншi бөлiгiнде)-баптарында көзделген
әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға туристiк қызмет саласындағы уәкiлеттi органның басшысы мен оның
орынбасарлары құқылы.
732-бап. Ойын бизнесi саласындағы уәкiлеттi орган
1. Ойын бизнесi саласындағы уәкiлеттi орган осы Кодекстің 464-бабында
(бiрiншi бөлiгiнде) көзделген әкiмшiлiк құқық бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға ойын бизнесi саласындағы уәкiлеттi органның басшысы мен оның
орынбасарлары құқылы.
733-бап. Сауда қызметiн реттеу саласындағы уәкiлеттi орган
1. Сауда қызметiн реттеу саласындағы уәкiлеттi орган осы Кодекстiң 268, 464
(бірінші бөлігінде)-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстердi
қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға сауда қызметiн реттеу саласындағы уәкiлеттi органның басшысы не оның
мiндетiн атқарушы адам құқылы.
734-бап. Биоотын өндiрiсi саласындағы уәкiлеттi орган
1. Биоотын өндiрiсi саласындағы уәкiлеттi орган осы Кодекстің 169-бабында
(бiрiншi, үшiншi, алтыншы және сегiзiншi бөлiктерiнде) көзделген әкiмшiлiк құқық
бұзушылық туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға:
1) биоотын өндiрiсi саласындағы уәкiлеттi органның басшысы мен оның
орынбасарлары;
2) биоотын өндiрiсi саласындағы уәкiлеттi органның аумақтық органдарының
басшылары мен оның орынбасарлары құқылы.
735-бап. Биоотын айналымы саласындағы уәкiлеттi орган
1. Биоотын айналымы саласындағы уәкiлеттi орган осы Кодекстің 169-бабында
(төртінші, бесінші және тоғызыншы бөлiктерiнде) көзделген әкiмшiлiк құқық бұзушылық
туралы iстердi қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға және әкiмшiлiк жазалар
қолдануға:
1) биоотын айналымы саласындағы уәкiлеттi органның басшысы мен оның
орынбасарлары;
2) биоотын айналымы саласындағы уәкiлеттi органның аумақтық органдарының
басшылары мен оның орынбасарлары құқылы.
4-БӨЛIМ. ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ IСТЕР БОЙЫНША ІС ЖҮРГIЗУ
37-тарау. НЕГIЗГI ЕРЕЖЕЛЕР
736-бап. Әкiмшiлiк құқық бұзушылық туралы істер бойынша іс
жүргізу тәртібін айқындайтын заңнама
1. Әкiмшiлiк құқық бұзушылық туралы істер бойынша іс жүргізу тәртібі осы
Кодекспен айқындалады.
2. Қылмыстық немесе азаматтық iстi қарау процесiнде соттың әкiмшiлiк жазалар
қолдану тәртiбi осы Кодекстiң және тиісінше Қазақстан Республикасының Қылмыстық-
процестік кодексi мен Қазақстан Республикасының Азаматтық процестік кодексiнің
ережелерімен айқындалады.
737-бап. Әкiмшiлiк құқық бұзушылық туралы iстер бойынша іс
жүргiзу мiндеттерi
Әкiмшiлiк құқық бұзушылық туралы iстер бойынша iс жүргiзу мiндеттерi:
1) әрбiр iстiң мән-жайларын уақтылы, жан-жақты, толық және объективтi
анықтау, оны осы Кодекске сәйкес шешу;
2) іс жүргізуге қатысушылардың құқықтары мен міндеттерінің іске асырылуын
қамтамасыз ету;
3) әкiмшiлiк құқық бұзушылықтар жасауға ықпал еткен себептер мен жағдайларды
анықтау;
4) әкiмшiлiк құқық бұзушылық туралы іс бойынша қаулының орындалуын қамтамасыз
ету болып табылады.
738-бап. Iс жүргiзу тiлi
1. Қазақстан Республикасында әкiмшiлiк құқық бұзушылық туралы iстер бойынша
iс жүргiзу мемлекеттiк тiлде жүргiзiледi, ал қажет болған кезде iс жүргiзуде орыс
тiлi немесе басқа да тiлдер мемлекеттiк тiлмен тең қолданылады.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттiк берілген
судья, органдар (лауазымды адамдар) сот ісін жүргізу тілін өзгерту қажет болған
кезде әкiмшiлiк құқық бұзушылық туралы iс бойынша іс жүргізу тілін өзгерту туралы
уәжді қаулы шығарады.
3. Iс бойынша іс жүргiзiлiп жатқан тiлдi бiлмейтiн немесе жеткілікті
бiлмейтiн iске қатысушы адамдарға ана тiлiнде немесе олар бiлетiн басқа тiлде
мәлiмдемелер жасау, түсiнiктемелер мен айғақтар беру, өтiнiшхаттар мәлімдеуге,
шағымдар жасау, iс материалдарымен танысу, оны қарау кезiнде сөз сөйлеу, осы
Кодексте белгіленген тәртіппен аудармашының қызметтерiн тегiн пайдалану құқығы
түсiндiрiледi және қамтамасыз етiледi.
4. Әкiмшiлiк құқық бұзушылық туралы iстер бойынша iс жүргiзуге қатысушы
адамдарға басқа тiлде жазылған, заң бойынша оларға қажеттi iс материалдарын iс
жүргiзу тiліне тегiн аударып беру қамтамасыз етiледi.
5. Құқық бұзушы мен жәбiрленушiге тапсырылуға жататын процестік құжаттар
олардың ана тiлiне немесе олар бiлетiн тiлге аударылуға тиiс.
6. Аударма бойынша шығыстар және аудармашының көрсеткен қызметтерi
мемлекеттiк бюджет есебiнен төленедi.
739-бап. Мерзiмдердi есептеу
1. Әкiмшiлiк құқық бұзушылық туралы істер бойынша іс жүргізу кезінде
пайдаланылатын мерзiмдер сағаттармен, тәулiктермен, айлармен және жылдармен
есептеледi.
2. Мерзiмдердi есептеген кезде мерзiмнің өтуі басталатын сол сағат пен тәулiк
есепке алынбайды. Бұл қағиданың ұстап алу кезiндегi мерзiмдердi есептеуге қатысы
жоқ.
3. Мерзiм тәулiктермен есептелетін жағдайларды қоспағанда, мерзiмдi есептеген
кезде оған жұмыстан тыс уақыт та кіреді.
4. Мерзiмді тәулiктермен есептеген кезде мерзiм бірінші тәулiктiң нөл
сағатынан кейiн есептеледі және мерзiмнiң соңғы тәулiгiнiң жиырма төрт сағатында
бітеді.
5. Мерзiмді айлармен немесе жылдармен есептеген кезде мерзiм соңғы айдың
тиiстi күнiнде бітеді, ал егер бұл айда тиiстi күні болмаса, мерзiм осы айдың соңғы
күнi аяқталады. Егер мерзiмнiң аяқталуы жұмыс күні емес (демалыс, мереке) күнге
келсе, әкiмшiлiк ұстап алу кезiнде мерзiмдi есептеу жағдайларын қоспағанда, онда
одан кейiнгi бiрiншi жұмыс күнi мерзiмнiң соңғы күнi деп есептеледi.
740-бап. Өтiнiшхат
1. Әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзуге қатысатын
адамдардың, жүргiзуінде осы iс жатқан судьяның, органның (лауазымды адамның)
мiндеттi түрде қарауына жататын өтiнiшхатты мәлiмдеуге құқығы бар.
2. Өтiнiшхат жазбаша түрде мәлiмделедi және дереу қаралуға жатады.
Өтінішхатты дереу қарау мүмкін болмаған жағдайларда, мәлімделген кезден бастап үш
тәуліктен кешіктірілмей бұл бойынша шешім қабылдануға тиіс.
3. Өтiнiшхатты қанағаттандыру туралы не оны қанағаттандырудан толық немесе
ішінара бас тарту туралы шешiм ұйғарым түрiнде шығарылады, ол өтінішхатты
мәлімдеген адамның назарына жеткізіледі.
741-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша іс
жүргiзудi болғызбайтын мән-жайлар
1. Мынадай мән-жайлардың ең болмағанда бiреуi болған кезде әкiмшiлiк құқық
бұзушылық туралы іс бойынша iс жүргiзудi бастауға болмайды, ал басталған iс
тоқтатылуға жатады:
1) әкiмшiлiк құқық бұзушылық оқиғасының болмауы;
2) әкiмшiлiк құқық бұзушылық құрамының болмауы,
3) әкiмшiлiк жауаптылықты белгiлейтiн заңның немесе оның жекелеген
ережелерiнiң күшi жойылуы;
4) егер әкiмшiлiк жауаптылықты белгiлейтiн заңды немесе оның жекелеген
ережелерiн немесе іс-әрекеттi әкiмшiлiк құқық бұзушылық ретiнде саралау соған
байланысты болатын әкiмшiлiк құқық бұзушылық туралы осы iсте қолданылуға жататын
өзге де нормативтiк құқықтық актiнi Қазақстан Республикасының Конституциялық
Кеңесiнің конституциялық емес деп тануы;
5) әкiмшiлiк жауаптылыққа тартудың ескіру мерзiмдерiнiң өтуi;
6) әкiмшiлiк жауаптылыққа тартылатын тұлғаға қатысты нақ сол факт бойынша
судьяның, органның (лауазымды адамның) әкiмшiлiк жаза қолдану туралы қаулысының не
әкiмшiлiк құқық бұзушылық туралы iстi тоқтату туралы күшi жойылмаған қаулының
болуы, сондай-ақ нақ сол факт бойынша тұлғаны күдікті деп тану туралы қаулының
болуы;
7) өзіне қатысты іс бойынша iс жүргiзiліп жатқан жеке тұлғаның қайтыс болуы,
заңды тұлғаның таратылуы;
8) салықтың және бюджетке төленетiн басқа да мiндеттi төлемдердiң түсуiн
қамтамасыз ету саласында басшылықты жүзеге асыратын уәкiлеттi орган растаған,
бағдарламалық қамтамасыз етуде техникалық қателер туындаған жағдайда, салық
төлеушiнiң салық есептiлiгi нысандарын электрондық түрде ұсыну бойынша салықтық
мiндеттеменi Қазақстан Республикасының заңнамасында белгiленген мерзiмде
орындамауына әкеп соғуы;
9) Қазақстан Республикасының салық заңнамасында көзделген өзге де
жағдайларда;
10) Осы Кодекстің 897-бабында белгіленген тәртіппен әкімшілік айыппұл
төлегенін растайтын құжаттың болуы;
11) әкімшілік жауаптылыққа тартылатын тұлғаның заңда белгіленген тәртіппен
адам саудасына байланысты қылмыс туралы қылмыстық іс бойынша жәбірленуші деп
танылуы.
2. Әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзу осы баптың бiрiншi
бөлiгiнiң 2) тармақшасында көзделген негiз бойынша және зиян келтiру құқыққа
сыйымды болып табылатын не іс-әрекет осы Кодекстiң 5-тарауына сәйкес әкiмшiлiк
жауаптылықты жоққа шығаратын мән-жайларда жасалған жағдайда тоқтатылады.
742-бап. Әкiмшiлiк жауаптылыққа тартпауға мүмкiндiк
беретiн мән-жайлар
Қылмыстық заңнамада көзделген қылмыстық жазаланатын іс-әрекет белгiлері
болуына байланысты материал прокурорға, сотқа дейінгі іс жүргізу органына берiлген
жағдайда әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзу осы Кодексте
көзделген тәртiппен тоқтатылуы мүмкiн.
743-бап. Хабардар ету (хабарлама)
1. Әкiмшiлiк құқық бұзушылық туралы істер бойынша iс жүргiзуге қатысушыларға
істі қарау немесе жекелеген процестік әрекеттер жасау уақыты мен орны туралы
хабарланады және олар хабардар ету арқылы (хабарламамен) сотқа, органға (лауазымды
адамға) шақырылады.
2. Хабардар ету (хабарлама), оның тапсырылғаны туралы хабардар етуі бар
тапсырыс хат, телефонограмма немесе жеделхат, ұялы байланыстың абоненттік нөмірі
бойынша немесе электрондық мекенжай бойынша мәтіндік хабар не хабарламаның немесе
шақырудың тіркелуін қамтамасыз ететін өзге де байланыс құралдарын пайдалану арқылы
жіберіледі.
Ұялы байланыстың абоненттік нөмірі бойынша немесе электрондық мекенжай
бойынша мәтіндік хабармен хабардар етілген кезде іс жүргізуге қатысушылар осы бапта
көрсетілген өзге тәсілмен де хабардар етіледі.
3. Егер істе көрсетілген мекенжай бойынша адам шын мәнінде тұрмаса, хабарлама
немесе шақыру заңды мекенжайы бойынша немесе оның жұмыс орнына жіберілуі мүмкін.
Заңды тұлғаға арналған хабардар ету (хабарлама) оның тұрған жері бойынша
жіберіледі.
4. Хабардар ету (хабарлама):
1) әкімшілік құқық бұзушылық туралы хаттаманың тиісті бағанында әкімшілік
жауаптылыққа тартылатын адамның қолы болған;
2) жеке өзіне немесе онымен бірге тұрып жатқан кәмелетке толған отбасы
мүшелерінің біріне тапсырылғаны туралы жөнелтушіге қайтарылуға жататын хабардар
етуге қол қойып тапсырылатын тапсырыс хатпен, жеделхатпен адам хабарланған
жағдайларда тиісінше жеткізілді деп танылады. Заңды тұлғаға арналған хабарлама
заңды тұлғаның басшысына немесе қызметкеріне тапсырылады, ол өзінің тегін, аты-жөні
мен лауазымын көрсетіп, тапсырылғаны туралы хабардар ететін хабарламаны алғаны
жөнінде қол қояды;
3) хабарланатын адам іс бойынша іс жүргізу процесінде көрсеткен және өзінің
қол қоюымен растаған, ұялы байланыстың абоненттік нөмірі бойынша немесе электрондық
мекенжай бойынша мәтіндік хабар жіберілген;
4) Қазақстан Республикасының салық заңнамасында белгіленген тәртіппен
электрондық салық төлеушілер ретінде тіркелген тұлғаларға мемлекеттік кіріс органы
электрондық тәсілмен хабардар етуді (хабарламаны) жіберген жағдайларда тиісінше
жеткізілді деп танылады.
5. Өзіне қатысты әкімшілік құқық бұзушылық туралы іс бойынша іс жүргізу
жүзеге асырылатын адам өзі көрсеткен тұрғылықты жері (тұрған жері) мекенжайының,
жұмыс орнының, ұялы байланыстың абоненттік нөмірінің, электрондық мекенжайының
дұрыс екендігімен танысқанын өзінің қол қоюымен растайды, ал көрсетілген
мекенжайларға жіберілген хабардар ету (хабарлама) тиісінше және жеткілікті деп
есептелетін болады.
6. Адресат хабардар етуді (хабарламаны) қабылдаудан бас тартқан кезде, оны
жеткізетін немесе тапсыратын адам сотқа, органға (лауазымды адамға) қайтарылатын
хабардар етуге (хабарламаға) тиісті белгі соғады.
7. Адресаттың хабардар етуді (хабарламаны) қабылдаудан бас тартуы істі
қарауға немесе жекелеген процестік әрекеттерді жасауға кедергі болып табылмайды.
Ескерту. 743-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
38-тарау. ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ ІСТЕР БОЙЫНША IС
ЖҮРГIЗУГЕ ҚАТЫСУШЫЛАР, ОЛАРДЫҢ ҚҰҚЫҚТАРЫ МЕН МIНДЕТТЕРI
744-бап. Өзiне қатысты әкiмшiлiк құқық бұзушылық туралы
іс бойынша iс жүргiзiлiп жатқан тұлға
1. Өзіне қатысты әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзiлiп
жатқан адам хаттамамен және iстiң басқа да материалдарымен танысуға, түсiнiктемелер
беруге, хаттаманың мазмұны мен ресiмделуi жөнiнде ескертулер жасауға, дәлелдемелер
ұсынуға, өтiнiшхаттар мен қарсылықтарды мәлiмдеуге, қорғаушының заң көмегiн
пайдалануға, iсті қарау кезінде ана тiлiнде немесе өзi бiлетiн тiлде сөйлеуге және
егер iс жүргiзiлiп отырған тiлдi бiлмесе, аудармашы көрсеткен қызметтерді өтеусіз
пайдалануға; iс бойынша іс жүргiзудi қамтамасыз ету шараларының қолданылуына,
әкiмшiлiк құқық бұзушылық туралы хаттамаға және iс бойынша қаулыға шағым жасауға,
одан үзiндi көшірме алуға және iстегi құжаттардың көшiрмелерiн түсiрiп алуға,
сондай-ақ өзiне осы Кодекспен берiлген өзге де процестік құқықтарды пайдалануға
құқылы.
2. Әкiмшiлiк құқық бұзушылық туралы iс өзiне қатысты әкiмшiлiк құқық
бұзушылық туралы іс бойынша iс жүргiзiлiп жатқан тұлғаның қатысуымен қаралады.
Аталған тұлғаға iстiң қаралатын орны мен уақыты тиiсінше хабарланғаны туралы
деректер болған және одан iстi қарауды кейiнге қалдыру туралы өтiнiшхат келіп
түспеген жағдайларда ғана, iс оның өзi болмаған кезде қаралуы мүмкiн.
3. Он сегiз жасқа толмаған адам жасаған не жасалуы әкімшілік қамаққа алу,
сондай-ақ шетелдiкті не азаматтығы жоқ адамды Қазақстан Республикасының шегінен
әкімшілік жолмен шығарып жiберу немесе адамға берiлген арнайы құқықтан (көлiк
құралдарын басқару құқығын қоспағанда) айыру түрiндегi әкiмшiлiк жазаға әкеп
соғатын әкiмшiлiк құқық бұзушылық туралы iстi қарау кезiнде әкiмшiлiк жауаптылыққа
тартылатын адамның қатысуы мiндеттi.
4. Осы баптың үшiншi бөлiгiнде аталған тұлғалар жүргiзуiнде әкiмшiлiк құқық
бұзушылық туралы iс жатқан әкiмшiлiк құқық бұзушылық туралы iстi қарайтын судьяның,
органның (лауазымды адамның) шақыруы бойынша келуден жалтарған жағдайда, бұл адамға
күштеп әкелу қолданылуы мүмкiн.
Соттың күштеп әкелу туралы ұйғарымын – сот приставы немесе iшкi iстер органы;
әкiмшiлiк құқық бұзушылық туралы iстi қарайтын органның (лауазымды адамның)
ұйғарымын iшкi iстер органы (полиция) орындайды.
5. Өзiне қатысты әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзiлiп
жатқан кәмелетке толмаған адам, талқылануы оған терiс әсер етуi мүмкiн iстiң мән-
жайларын қарау кезiнде шығарыла тұруы мүмкiн.
745-бап. Жәбiрленушi
1. Әкiмшiлiк құқық бұзушылықтан дене жарақатын алған, мүлiктiк немесе
моральдық зиян келтiрiлген жеке немесе заңды тұлға жәбiрленушi болып табылады.
2. Жәбiрленушi iстiң барлық материалдарымен танысуға, түсiнiктемелер беруге,
дәлелдемелер ұсынуға, өтiнiшхаттар мен қарсылықтар мәлiмдеуге, өкiл ұстауға,
әкiмшiлiк құқық бұзушылық туралы хаттамаға және әкiмшiлiк құқық бұзушылық туралы iс
бойынша қаулыға шағым жасауға, өзiне осы Кодекспен берiлген өзге де процестік
құқықтарды пайдалануға құқылы.
3. Әкiмшiлiк құқық бұзушылық туралы iс жәбiрленушiнiң қатысуымен қаралады.
Оған iстiң қаралатын орны мен уақыты тиiсінше хабарланғаны туралы деректер болған
және одан iстi қарауды кейiнге қалдыру туралы өтiнiшхат келіп түспеген жағдайларда
ғана, iс оның өзi болмаған кезде қаралуы мүмкiн.
4. Жәбiрленушiден осы Кодекстiң 754-бабында көзделген тәртiппен куә ретiнде
жауап алынуы мүмкiн. Егер жәбiрленушi заңды тұлға болып табылса, куә ретiнде оның
өкiлiнен жауап алынуы мүмкiн.
746-бап. Жеке тұлғаның заңды өкiлдерi
1. Кәмелетке толмағандар немесе өзінің дене бітімі немесе психикалық жағдайы
бойынша өз құқықтарын өз бетiнше жүзеге асыру мүмкiндiгiнен айырылғандар болып
табылатын, өзiне қатысты әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзiлiп
жатқан жеке тұлғаның немесе жәбiрленушiнiң құқықтары мен заңды мүдделерiн қорғауды
олардың заңды өкiлдерi жүзеге асырады.
2. Ата-анасы, асырап алушылары, қорғаншылары, қамқоршылары және қамқоршысы
немесе асыраушысы болып отырған өзге де адамдар жеке тұлғаның заңды өкiлдерi деп
танылады.
3. Жеке тұлғаның заңды өкiлдерi болып табылатын адамдардың туыстық
байланыстары немесе тиiстi өкiлеттiктерi Қазақстан Республикасының заңнамасында
көзделген құжаттармен куәландырылады.
4. Өзiне қатысты әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзiлiп
жатқан жеке тұлғаның заңды өкiлi әкiмшiлiк жауаптылыққа тартылатын тұлғаны
әкiмшiлiк ұстап алған немесе әкiмшiлiк құқық бұзушылық туралы хаттама жасалған
кезден бастап iске қатысуға жiберiледi.
5. Өзiне қатысты әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзiлiп
жатқан жеке тұлғаның және жәбiрленушiнiң заңды өкiлдерiнiң өздерi өкiлі болып
отырған тұлғаларға қатысты осы Кодексте көзделген құқықтары болады және мiндеттердi
алады.
6. Он сегiз жасқа толмаған адам жасаған әкiмшiлiк құқық бұзушылық туралы iсті
қарау кезінде оның заңды өкiлiнiң қатысуы мiндеттi. Кәмелетке толмаған адамның
заңды өкiлi келуден жалтарған жағдайда, оған iшкi iстер органы (полиция) жүзеге
асыратын күштеп әкелу қолданылуы мүмкiн.
747-бап. Заңды тұлғаның өкiлдерi
1. Өзiне қатысты әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзiлiп
жатқан немесе жәбiрленушi болып табылатын заңды тұлғаның құқықтары мен заңды
мүдделерiн қорғауды оның өкiлдерi жүзеге асырады.
2. Заңды тұлғаның атқарушы органының басшысы заңды тұлғаның заңды өкiлi болып
табылады, ол заңды тұлғаның атынан әрекет етеді. Заңды тұлғаның заңды өкiлiнiң
өкiлеттiктерi оның қызметтiк жағдайын куәландыратын құжаттармен расталады.
Заңды тұлғаның мүдделерiн бiлдiретiн өзге де адамдар тапсырма бойынша өкiлдер
болып табылады, олардың өкiлеттiктерi заңды тұлғаның атқарушы органы заңды тұлғаның
атынан беретiн және атқарушы органның басшысы қол қоятын сенiмхатта айқындалады.
3. Өзiне қатысты әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзiлiп
жатқан заңды тұлға және жәбiрленушi өкiлдерiнiң өздерi өкіл болып отырған
тұлғаларға қатысты осы Кодексте көзделген құқықтары болады және мiндеттердi алады.
4. Әкiмшiлiк құқық бұзушылық туралы iс өзiне қатысты әкiмшiлiк құқық
бұзушылық туралы іс бойынша iс жүргiзiлiп жатқан заңды тұлға өкiлiнiң қатысуымен
қаралады. Аталған тұлғаға iстiң қаралатын орны мен уақыты тиiсінше хабарланғаны
туралы деректер болған, егер одан iстi қарауды кейiнге қалдыру туралы өтiнiшхат
келіп түспеген жағдайларда ғана, iс оның өзi болмаған кезде қаралуы мүмкiн.
5. Жасалуы әкiмшiлiк құқық бұзушылықты жасау құралы не нысанасы болған затты
тәркiлеу не әкiмшiлiк құқық бұзушылық жасау салдарынан алынған кiрiстердi
(дивидендтердi), ақшаны және бағалы қағаздарды тәркiлеу түрiндегi әкiмшiлiк жазаға
әкеп соғатын әкiмшiлiк құқық бұзушылық туралы iстi қарау кезiнде әкiмшiлiк
жауаптылыққа тартылатын заңды тұлға өкiлiнiң қатысуы мiндеттi.
6. Заңды тұлғаның өкiлi жүргiзуінде іс жатқан судьяның, органның (лауазымды
адамның) шақыруы бойынша келуден жалтарған жағдайда, аталған тұлғаға жүргiзуінде iс
жатқан судьяның, органның (лауазымды адамның) ұйғарымы негiзiнде iшкi iстер
(полиция) және қаржы полициясы органдары күштеп әкелуді қолдануы мүмкiн.
748-бап. Қорғаушы
1. Қорғаушы – әкiмшiлiк жауаптылыққа тартылатын тұлғаның құқықтары мен
мүдделерiн заңда белгiленген тәртiппен қорғауды жүзеге асыратын және оған заң
көмегiн көрсететiн адам.
2. Қорғаушылар ретiнде адвокаттар қатысады. Қорғаушылар ретінде адвокаттармен
бірге әкiмшiлiк жауаптылыққа тартылатын адамның жұбайы (зайыбы), жақын туыстары
немесе заңды өкiлдерi жiберiледi. Егер заңнамада айқындалатын тәртiппен өзара
негiзде Қазақстан Республикасының тиiстi мемлекетпен жасаған халықаралық шартында
көзделсе, шетелдiк адвокаттар iске қорғаушылар ретiнде қатысуға жiберiледi.
3. Қорғаушы әкiмшiлiк жауаптылыққа тартылатын адамды әкiмшiлiк ұстап алған,
әкiмшiлiк құқық бұзушылық туралы хаттама жасалған немесе прокурор әкімшілік құқық
бұзушылық туралы іс қозғау туралы қаулы шығарған кезден бастап, сондай-ақ әкімшілік
құқық бұзушылық туралы іс бойынша іс жүргізудің кез келген сатысында iске қатысуға
жіберіледі.
4. Егер бiрiнiң мүдделерi екiншiсiнiң мүдделерiне қайшы келсе, әкiмшiлiк
құқық бұзушылық туралы істер бойынша іс жүргізудің екі қатысушысына нақ сол бiр
адам қорғаушы бола алмайды.
5. Адвокат, Қазақстан Республикасының заңнамасында көзделген жағдайларды
қоспағанда, әкiмшiлiк құқық бұзушылық туралы іс бойынша қорғаушы ретінде қатысудан
бас тартуға құқылы емес.
749-бап. Қорғаушының мiндеттi түрде қатысуы
1. Әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзуге мынадай
жағдайларда, егер:
1) әкiмшiлiк жауаптылыққа тартылатын адам бұл жөнiнде өтiнiшхат жасаса;
2) әкiмшiлiк жауаптылыққа тартылатын адам дене немесе психикалық
кемiстiктерiне орай өзiн қорғау құқығын өз бетiнше жүзеге асыра алмайтын болса;
3) әкiмшiлiк жауаптылыққа тартылатын адам iс жүргiзiлiп жатқан тiлдi бiлмесе;
4) әкiмшiлiк жауаптылыққа тартылатын адам кәмелетке толмаған адам болып
табылса, қорғаушының қатысуы мiндетті.
2. Егер осы баптың бiрiншi бөлiгiнде көзделген мән-жайлар болған кезде
қорғаушыны әкiмшiлiк жауаптылыққа тартылатын адамның өзi, оның заңды өкiлдерi,
сондай-ақ оның тапсыруымен басқа да адамдар шақырмаса, судья, әкiмшiлiк құқық
бұзушылық туралы iстердi қарауға уәкiлеттiк берілген орган (лауазымды адам) iс
жүргiзудiң тиiстi сатысында қорғаушының қатысуын қамтамасыз етуге мiндеттi, олар
бұл туралы қаулы шығарады. Қаулы облыстың, республикалық маңызы бар қаланың,
астананың адвокаттар алқасына немесе оның құрылымдық бөлімшелеріне орындау үшін
жіберіледі және оны алған кезден бастап жиырма төрт сағаттан аспайтын мерзімде
орындалуға жатады.
750-бап. Қорғаушыны шақыру, тағайындау, ауыстыру, оның
еңбегiне ақы төлеу
1. Қорғаушыны өзiне қатысты әкiмшiлiк құқық бұзушылық туралы іс бойынша iс
жүргiзiлiп жатқан тұлға, оның өкiлдерi, сондай-ақ өзiне қатысты әкiмшiлiк құқық
бұзушылық туралы іс бойынша iс жүргiзiлiп жатқан тұлғаның тапсыруымен немесе
келiсімімен басқа да адамдар шақырады. Өзiне қатысты әкiмшiлiк құқық бұзушылық
туралы іс бойынша iс жүргiзiлiп жатқан тұлға қорғау үшiн бiрнеше қорғаушы шақыруға
құқылы.
2. Өзіне қатысты әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзiлiп
жатқан тұлғаның өтiнуi бойынша әкiмшiлiк құқық бұзушылық туралы iстердi қарауға
уәкiлеттiк берілген судья, орган (лауазымды адам) қорғаушының қатысуын қамтамасыз
етедi.
3. Таңдап алынған немесе тағайындалған қорғаушының жиырма төрт сағат iшiнде
қатысуы мүмкiн болмаған жағдайларда, әкiмшiлiк құқық бұзушылық туралы iстердi
қарауға уәкiлеттiк берілген судья, орган (лауазымды адам) өзiне қатысты әкiмшiлiк
құқық бұзушылық туралы іс бойынша iс жүргiзiлiп жатқан адамға басқа қорғаушы
шақыруды ұсынуға немесе адвокаттар алқасы немесе оның құрылымдық бөлiмшелерi арқылы
қорғаушы тағайындауға шаралар қолдануға құқылы. Әкiмшiлiк құқық бұзушылық туралы
iстердi қарауға уәкiлеттiк берілген судья, орган (лауазымды адам) өзiне қатысты
әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзiлiп жатқан тұлғаға қорғаушы
ретiнде белгiлi бiр адамды шақыруға ұсыным жасауға құқылы емес.
4. Әкiмшiлiк ұстап алу жағдайында, егер өзiне қатысты әкiмшiлiк құқық
бұзушылық туралы іс бойынша iс жүргiзiлiп жатқан тұлға таңдап алған қорғаушының үш
сағат iшiнде келуi мүмкiн болмаса, әкiмшiлiк құқық бұзушылық туралы iстердi қарауға
уәкiлеттiк берілген судья, орган (лауазымды адам) өзiне қатысты әкiмшiлiк құқық
бұзушылық туралы іс бойынша iс жүргiзiлiп жатқан тұлғаға басқа қорғаушы шақыруды
ұсынады, ал бас тартылған жағдайда адвокаттар алқасы немесе оның құрылымдық
бөлiмшелерi арқылы қорғаушыны тағайындауға шаралар қолданады.
5. Адвокаттың еңбегiне ақы төлеу Қазақстан Республикасының заңнамасына сәйкес
жүргізіледі. Судья, әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттiк
берілген орган (лауазымды адам) оған негiздер болған кезде өзiне қатысты әкiмшiлiк
құқық бұзушылық туралы іс бойынша iс жүргiзiлiп жатқан тұлғаны заң көмегiне ақы
төлеуден босатуға міндетті. Бұл жағдайда еңбекке ақы төлеу бюджет қаражаты есебiнен
жүргізіледі.
6. Осы Кодекстiң 749-бабының екiншi бөлiгiнде көзделген, адвокат іс бойынша
іс жүргізуге тағайындау арқылы қатысқан жағдайда да адвокаттардың еңбегiне ақы
төлеу бойынша шығыстар бюджет қаражаты есебiнен жүргізіледі.
7. Адвокат қорғаушы ретiнде адвокаттың куәлiгiн және нақты iстi жүргiзуге
оның өкiлеттiктерiн куәландыратын ордердi көрсетуi бойынша әкiмшiлiк құқық
бұзушылықтар туралы iске қатысуға жiберiледi. Осы Кодекстiң 748-бабының екiншi
бөлiгiнде аталған басқа да адамдар қорғаушы ретiнде олардың iске қатысу құқығын
растайтын құжаттарды (неке туралы куәлiгiн, сондай-ақ осы Кодекстiң 746-бабының
үшiншi бөлiгiнде және 747-бабының үшiншi бөлiгiнде көрсетілген құжаттарды) ұсынады.
751-бап. Қорғаушыдан бас тарту
1. Өзіне қатысты әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзiлiп
жатқан тұлға іс бойынша iс жүргiзудiң кез келген кезiнде қорғаушыдан бас тартуға
құқылы, бұл оның өзiн қорғауды өз бетiнше жүзеге асыру ниетiн бiлдiредi. Заң
көмегiне ақы төлеуге қаражаты жоқтығын уәж етiп қорғаушыдан бас тарту
қабылданбайды. Бас тарту жазбаша нысанда ресiмделедi.
2. Қорғаушыдан бас тарту өзiне қатысты әкiмшiлiк құқық бұзушылық туралы іс
бойынша iс жүргiзiлiп жатқан тұлғаның бұдан былай қорғаушыны iске қатысуға жiберу
туралы өтiнiшхат жасау құқығынан айырмайды. Қорғаушының iске кiрiсуi сол уақытқа
дейiн әкiмшiлiк құқық бұзушылық туралы iстi қарау барысында жасалған әрекеттердi
қайталауға әкеп соқпайды.
752-бап. Қорғаушының өкiлеттiктерi
1. Қорғаушы: iстiң барлық материалдарымен танысуға; iстi қарауға қатысуға;
дәлелдемелер ұсынуға; өтiнiшхаттарды және қарсылықтарды мәлiмдеуге; судьяның, iстi
қарауға уәкiлеттiк берілген органның (лауазымды адамның) рұқсатымен iстi қарау
процесiнде жауап алынатын адамдарға сұрақтар қоюға; іс бойынша iс жүргiзудi
қамтамасыз ету шараларын қолдануға және iс бойынша қаулыға шағым жасауға; өзiне
заңмен берiлген өзге де құқықтарды пайдалануға құқылы.
2. Қорғаушы: қорғалушының мүдделерiне қарсы қандай да бір әрекеттер жасауға
және оған тиесілі құқықтарын жүзеге асыруына кедергi келтiруге; қорғалушының
ұстанымына қарамастан, оның әкiмшiлiк құқық бұзушылыққа қатыстылығын және оны
жасауға кiнәлiлiгiн тануға, қорғалушының жәбiрленушiмен татуласқандығы туралы
мәлiмдеуге; қорғалушының берген шағымдары мен өтiнiшхаттарын қайтарып алуға; заң
көмегiн сұрау мен оның жүзеге асырылуына байланысты өзiне белгiлi болған
мәлiметтердi жария етуге құқылы емес.
753-бап. Жәбiрленушiнiң өкiлi
1. Әкiмшiлiк құқық бұзушылық туралы іс бойынша iстi жүргiзу кезiнде
жәбірленушінің заңды мүдделерін білдіруге заң бойынша құқығы бар адамдар
жәбiрленушiнiң өкiлдері бола алады.
2. Жәбiрленушi өкiлдерiнiң өздерi өкiл болып отырған жеке және заңды
тұлғалармен осы Кодексте көзделген шекте процестік құқықтары бiрдей болады.
3. Өкiлдiң өзi өкiлi болып отырған тұлғаның мүдделерiне қарамастан қандай да
бiр әрекеттер жасауға құқығы жоқ.
4. Жәбiрленушiнiң iске жеке қатысуы оны осы iс бойынша өкiл алу құқығынан
айырмайды.
754-бап. Куә
1. Әкiмшiлiк құқық бұзушылық туралы iс бойынша, егер заңда өзгеше көзделмесе,
осы iс үшiн маңызы бар мән-жайлар өзіне мәлім болуы мүмкiн кез келген адам куә
ретiнде шақырылуы мүмкiн.
2. Куә: өзiне, жұбайына (зайыбына) немесе жақын туыстарына қарсы айғақтар
беруден бас тартуға; өз айғақтарының тиiстi хаттамаға енгiзiлуiнiң дұрыстығы
жөнiнде мәлiмдемелер және ескертулер жасауға; iстi қарау кезiнде ана тiлiнде сөз
сөйлеуге; аудармашының көмегiн тегiн пайдалануға құқылы.
3. Куә жүргізуінде әкiмшiлiк құқық бұзушылық туралы іс жатқан судьяның,
органның (лауазымды адамның) шақыруы бойынша келуге, өзiне iс бойынша мәлім мән-
жайдың бәрiн шынайы түрде хабарлауға және қойылған сұрақтарға жауап беруге, өзi
берген айғақтардың тиiстi хаттамаға енгiзiлуiнiң дұрыстығын өзi қол қойып
куәландыруға мiндеттi.
4. Куәға әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттiк берілген
органға (лауазымды адамға) айғақтар беруден жалтарғаны немесе одан бас тартқаны,
көрiнеу жалған айғақтар бергенi үшiн әкiмшiлiк жауаптылық туралы және сотта осы іс-
әрекеттердi жасағаны үшiн қылмыстық жауаптылық туралы ескертiледi.
5. Куә жүргізуінде әкiмшiлiк құқық бұзушылық туралы іс жатқан судьяның,
органның (лауазымды адамның) шақыруы бойынша келуден жалтарған жағдайда судьяның,
органның (лауазымды адамның) ұйғарымы негiзiнде iшкi iстер органы (полиция) оны
күштеп әкелуі мүмкiн.
6. Он төрт жасқа толмаған, кәмелетке толмаған куәға сауал қою кезiнде
педагогтiң немесе психологтің қатысуы мiндеттi. Қажет болған жағдайда сауал қою
осындай куәның заңды өкiлiнiң қатысуымен жүргiзiледi.
755-бап. Куәгер
1. Осы Кодексте көзделген жағдайларда, iстiң қорытындысына мүдделi емес, өзi
қатысып тұрған кездегi әрекеттердi толық және дұрыс ұғынуға қабiлеттi кәмелетке
толған адам куәгер ретiнде тартылады.
2. Куәгердiң әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзуге қатысуы
жеке басын тексерiп-қарау, көлiк құралын, заттарды тексерiп қарау, жеке тұлғада
болған құжаттар мен заттарды алып қою, заңды тұлғаға тиесiлi аумақтарды, үй-жайлар
мен мүлiктi қарап-тексеру, заңды тұлғаға тиесiлi құжаттар мен мүлiктi алып қою
туралы хаттамаларда көрсетiледi.
3. Куәгер жүргізуінде әкiмшiлiк құқық бұзушылық туралы іс жатқан лауазымды
адамның шақыруы бойынша келуге, осы iс бойынша іс жүргiзуге қатысуға және өзiнiң
қатысуымен жүргізілген әрекеттердi жүзеге асырылу фактiсiн, олардың мазмұны мен
нәтижелерiн тиiстi хаттамаға өзi қол қойып куәландыруға мiндеттi.
4. Куәгердiң жүргізіліп отырған әрекеттер жөнiнде хаттамаға енгiзiлуге
жататын мәлiмдемелер мен ескертулер жасауға құқығы бар.
5. Қажет болған жағдайда куәгерден осы Кодекстiң 754-бабында көзделген
тәртiппен куә ретiнде жауап алынуы мүмкiн.
756-бап. Маман
1. Әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзуге қатысу үшін маман
ретiнде дәлелдемелердi жинауға, зерттеуге және бағалауға, сондай-ақ техникалық
құралдарды қолдануға жәрдем көрсету үшiн қажеттi арнаулы бiлiмi мен дағдысы бар,
iстiң қорытындысына мүдделi емес кез келген кәмелетке толған адам тағайындалуы
мүмкін.
2. Маман: өзiнiң шақырылу мақсатын бiлуге; егер тиiстi арнаулы бiлiмi мен
дағдылары болмаса, іс бойынша iс жүргiзуге қатысудан бас тартуға; өзiнiң қатысуымен
жасалатын процестік әрекетке қатысты iс материалдарымен танысуға; жүргізуінде
әкiмшiлiк құқық бұзушылық туралы іс жатқан судьяның, органның (лауазымды адамның)
рұқсатымен процестік әрекетке қатысушыларға сұрақтар қоюға; салыстырма зерттеулердi
қоспағанда, хаттамада не процестік әрекет хаттамасының бiр бөлiгi болып табылатын
ресми құжатта барысы мен нәтижелерiн көрсете отырып, процестік әрекет шеңберiнде iс
материалдарына зерттеу жүргiзуге; өзi қатысқан процестік әрекет хаттамасымен
танысуға және өзiнiң қатысуымен жүргiзiлген әрекеттердiң барысы мен нәтижелерiнің
тіркелуде толық және дұрыс көрсетiлуiне қатысты хаттамаға енгiзiлуге тиісті
мәлiмдемелер мен ескертулер жасауға құқылы.
3. Маман: әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргізуді жүзеге
асыратын судьяның, органның (лауазымды адамның) шақыруы бойынша келуге; арнаулы
бiлiмiн, дағдысын және ғылыми-техникалық құралдарды пайдалана отырып, процестік
әрекетке қатысуға; өзi жасаған әрекеттер бойынша түсiнiк беруге; көрсетілген
әрекеттердiң жасалу фактiсiн, олардың мазмұны мен нәтижелерiн өзi қол қойып
куәландыруға мiндеттi.
757-бап. Сарапшы
1. Арнаулы ғылыми бiлiмi бар, iске мүдделi емес адам сарапшы ретiнде
шақырылуы мүмкiн. Сот сараптамасын жүргiзу:
1) сот сараптамасы органдарының қызметкерлерiне;
2) лицензия негiзiнде сот-сараптама қызметiн жүзеге асыратын жеке тұлғаларға;
3) заң талаптарына сәйкес бiржолғы тәртiппен өзге де тұлғаларға тапсырылуы
мүмкiн.
2. Сарапшы: сараптама нысанасына қатысты iс материалдарымен танысуға;
қорытынды беру үшiн қажеттi қосымша материалдарды өзiне беру туралы өтiнiшхаттарды
мәлiмдеуге, жүргізуінде әкiмшiлiк құқық бұзушылық туралы іс жатқан органның
(лауазымды адамның) рұқсатымен процестік әрекеттердi жүргiзуге қатысуға және оларға
қатысатын тұлғаларға сараптама нысанасына қатысты сұрақтар қоюға; өзi қатысқан
процестік әрекеттiң хаттамасымен танысуға және өзiнiң әрекеттерi мен айғақтарының
толық және дұрыс көрсетiлуiне қатысты хаттамаларға енгiзiлуге тиiстi ескертулер
жасауға; сот сараптамасын тағайындаған судьяның, органның (лауазымды адамның)
келiсуi бойынша сот-сараптамалық зерттеу барысында анықталған, iс үшiн маңызы бар,
сот сараптамасын тағайындау туралы ұйғарымда қамтылған мәселелердiң шегiнен тыс
мән-жайлар бойынша өз құзыретi шегiнде қорытынды беруге; ана тiлiнде немесе өзi
бiлетiн тiлде қорытынды ұсынуға және айғақтар беруге; аудармашының тегiн көмегiн
пайдалануға; аудармашыдан бас тартуды мәлiмдеуге; сараптама жүргiзу кезiнде өзiнiң
құқықтарына нұқсан келтiретiн соттың және іс бойынша iс жүргiзуге қатысатын өзге де
тұлғалардың шешiмдерi мен әрекеттерiне шағым жасауға; сараптама жүргiзу кезiнде
шеккен шығыстарға өтем және егер сот сараптамасын жүргiзу өзiнiң лауазымдық
мiндеттерiнiң шеңберiне кiрмейтiн болса, орындаған жұмысы үшiн сыйақы алуға құқылы.
3. Сарапшы: іс бойынша іс жүргізуді жүзеге асыратын органды хабардар етпей,
әкімшілік құқық бұзушылық туралы іс бойынша іс жүргізуге қатысушылармен сараптама
жүргізуге байланысты мәселелер бойынша келіссөздер жүргізуге; зерттеу үшін
материалдарды өз бетінше жинауға; егер сараптама тағайындаған органның бұған арнайы
рұқсаты болмаса, объектілерді толық немесе ішінара жоюға не олардың сыртқы түрін
немесе негізгі қасиеттерін өзгертуге әкеп соғуы мүмкін зерттеулер жүргізуге құқылы
емес.
4. Сарапшы: жүргiзуінде әкiмшiлiк құқық бұзушылық туралы іс жатқан судьяның,
органның (лауазымды адамның) шақыруы бойынша келуге; өзiне ұсынылған объектiлерге
жан-жақты, толық және объективтi зерттеу жүргiзуге, өзiнiң алдына қойылған
мәселелер бойынша негiзделген жазбаша қорытынды беруге; осы Кодекстiң 772-бабының
он үшiншi бөлiгiнде көзделген жағдайларда, қорытынды беруден бас тартуға және
қорытынды берудiң мүмкiн еместiгi туралы дәлелдi жазбаша хабарлама жасауға және оны
сот сараптамасын тағайындаған органға (лауазымды адамға) жiберуге; жүргiзiлген
зерттеуге және берiлген қорытындыға байланысты мәселелер бойынша айғақтар беруге;
зерттелiп жатқан объектiлердiң сақталуын қамтамасыз етуге; iстiң мән-жайлары туралы
мәлiметтердi және сараптама жүргiзуге байланысты өзiне белгiлi болған өзге де
мәлiметтердi жария етпеуге мiндеттi.
5. Сарапшы көрiнеу жалған қорытынды бергенi үшiн заңда көзделген қылмыстық
жауаптылықта болады.
6. Сот сараптамасы органының қызметкерi болып табылатын сарапшы өз қызметiнiң
сипатына қарай құқықтарымен және мiндеттерiмен танысты және сотта көрiнеу жалған
қорытынды бергенi үшiн қылмыстық жауаптылық туралы ескертiлді деп есептеледi.
758-бап. Аудармашы
1. Әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзу кезiнде аударма
үшін қажет болатын тiлдердi бiлетiн (мылқаудың немесе саңыраудың белгiлерiн
түсiнетiн), iстiң қорытындысына мүдделi емес кез келген кәмелетке толған адам
аудармашы ретінде тағайындалады.
2. Жүргізуінде әкiмшiлiк құқық бұзушылық туралы іс жатқан судья, орган
(лауазымды адам) аудармашыны тағайындайды.
3. Аудармашы: егер аударма үшiн қажеттi бiлiмi болмаса, іс бойынша iс
жүргiзуге қатысудан бас тартуға; аударманы жүзеге асыру кезiнде аударманы нақтылау
үшiн қатысушы адамдарға сұрақтар қоюға; өзi жүргiзiлуiне қатысқан процестік
әрекеттiң хаттамасымен танысуға және аударманың толық және дұрыс көрсетілуіне
қатысты хаттамаға енгiзiлуге тиісті ескертулер жасауға құқылы.
4. Аудармашы: жүргізуінде әкiмшiлiк құқық бұзушылық туралы іс жатқан
судьяның, органның (лауазымды адамның) шақыруы бойынша келуге және өзiне
тапсырылған аударманы толық және дәлме-дәл жасауға; аударманың дұрыстығын тиiстi
хаттамада өзi қол қойып куәландыруға мiндеттi.
5. Аудармашыға әкiмшiлiк құқық бұзушылықтар туралы iстердi қарауға уәкiлеттiк
берілген орган (лауазымды адам) әкiмшiлiк құқық бұзушылық туралы iстi қарау кезiнде
көрiнеу жалған аударма жасағаны үшiн әкiмшiлiк жауаптылық туралы және сотта осы іс-
әрекеттi жасағаны үшiн қылмыстық жауаптылық туралы ескертедi.
6. Осы баптың қағидалары мылқаудың немесе саңыраудың белгiлерiн түсiнетiн,
әкiмшiлiк құқық бұзушылық туралы iске қатысуға тартылған адамға қолданылады.
759-бап. Прокурор
1. Әкiмшiлiк құқық бұзушылықтар туралы iстер бойынша іс жүргiзу процесiнде
заңдардың дәлме-дәл және бiркелкi қолданылуына жоғары қадағалауды мемлекет атынан
тiкелей де, өзiне бағынысты прокурорлар арқылы да Қазақстан Республикасының Бас
Прокуроры жүзеге асырады.
Прокурор өзiнiң процестік өкiлеттiктерiн жүзеге асыру кезiнде тәуелсiз болады
және заңға ғана бағынады.
2. Прокурор осы Кодекстiң 760-бабында көзделген өз өкiлеттiктерiн iске асыру
мақсатында: әкiмшiлiк құқық бұзушылықтар туралы iстер бойынша іс жүргiзуге
қатысуға; дәлелдемелерді ұсынуға және оларды зерттеуге қатысуға; iстi қарап жатқан
сотқа, органға (лауазымды адамға) өзіне қатысты әкiмшiлiк құқық бұзушылық туралы iс
бойынша іс жүргiзiлiп отырған тұлғаның кiнәлiлiгi туралы, сондай-ақ iстi қарау
процесiнде туындайтын басқа да мәселелер жөнiнде өз пiкiрiн білдіруге; iстi қарап
жатқан сотқа, органға (лауазымды адамға) заңның ережелерiн қолдану және әкiмшiлiк
жаза қолдану не одан босату туралы ұсыныс айтуға құқылы.
3. Прокурор кәмелетке толмаған адам жасаған әкiмшiлiк құқық бұзушылық,
сондай-ақ әкімшілік қамаққа алуға әкеп соғатын құқық бұзушылық туралы iстiң
қаралатын орны мен уақыты туралы міндетті түрде хабардар етiледi. Ол болмаған
кезде, мұндай iс тек iстiң қаралатын орны мен уақыты туралы прокурорға уақтылы
хабарланғаны туралы деректер болған және одан iстi қарауды кейiнге қалдыру туралы
өтiнiшхат келіп түспеген жағдайда ғана қаралуы мүмкiн.
Ескерту. 759-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
760-бап. Әкiмшiлiк құқық бұзушылық туралы істер бойынша iс
жүргiзуде прокурордың заңдылықты қамтамасыз ету
жөнiндегi өкiлеттiктерi
1. Әкiмшiлiк құқық бұзушылықтар туралы істер бойынша iс жүргiзудi тексеру
нәтижелерi бойынша прокурор:
1) әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға сотқа, органға
(лауазымды адамға) наразылық келтiруге;
2) уәкiлеттi лауазымды адамдар мен органдарға (соттан басқа) қосымша тексеру
жүргiзу туралы жазбаша нұсқаулар беруге;
3) уәкiлеттi органдардан өздерiнiң бақылауындағы немесе өздерiне ведомстволық
бағынысты ұйымдарда тексеру жүргiзудi талап етуге;
4) заңда белгiленген жағдайларда әкiмшiлiк құқық бұзушылық туралы iс
жүргiзудi тоқтатуға;
5) әкiмшiлiк шара туралы қаулының орындалуын тоқтата тұруға;
6) әкiмшiлiк ұстап алуға заңсыз тартылған адамды босату туралы қаулы
шығаруға;
7) жеке, заңды тұлғалардың және мемлекеттiң құқықтары мен заңды мүдделерi
бұзылатын жағдайларда, мемлекеттiк органдардың лауазымды адамдары өздерiнiң
мiндеттерiн орындауға байланысты қолданған тыйым салу немесе шектеу сипатындағы кез
келген шаралардың алып тасталуы туралы қаулы шығаруға немесе талап келтіруге;
8) әкiмшiлiк құқық бұзушылық туралы iс бойынша іс жүргiзудi қозғау туралы
қаулы шығаруға құқылы.
2. Прокурордың осы баптың бiрiншi бөлiгiнiң 6) және 7) тармақшаларында
көрсетілген актiлерi дереу орындалуға жатады. Прокурордың көрсетілген актiлерiнiң
орындалуын кiдiртуге кiнәлi лауазымды адамдар заңда белгiленген жауаптылықта
болады.
761-бап. Процестік мiндеттердi орындамағаны үшiн
жауаптылық
1. Куәнiң, маманның, сарапшының және аудармашының осы
Кодекстiң 754, 756, 757, 758-баптарында көзделген процестік мiндеттердi орындамауы
осы Кодекстiң 658, 659, 661-баптарында белгiленген әкiмшiлiк жауаптылыққа әкеп
соғады.
2. Осы баптың бiрiншi бөлiгiнде көрсетілген әрекеттер жасалған жағдайда,
әкiмшiлiк құқық бұзушылық туралы iстi, iс бойынша қаулыға шағымды немесе
наразылықты қарау кезiнде iс бойынша қаулыға шағымды немесе наразылықты қарау
хаттамаларында тиiстi жазба жүргiзiледi.
762-бап. Әкiмшiлiк құқық бұзушылық туралы іс бойынша iс
жүргiзуге қатысу мүмкiндiгiн болғызбайтын
мән-жайлар
1. Әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзуге қорғаушы және
өкiл ретiнде қатысуға бұзылуы осы iстi қозғау үшiн негiз болған қағидалардың
сақталуына қадағалауды және бақылауды жүзеге асыратын мемлекеттiк органдардың
қызметкерлерi болып табылатын адамдар немесе олар бұрын осы іс бойынша iс жүргізуге
өзге қатысушылар ретiнде әрекет етсе, жiберiлмейдi.
2. Әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзуге қатысуға сарапшы
мен аудармашы, егер: олардың бiлiксіз екенi анықталса; олар әкiмшiлiк жауаптылыққа
тартылып жатқан адаммен, жәбiрленушiмен, олардың өкiлдерiмен, қорғаушымен, өкiлмен,
жүргiзуінде осы iс жатқан прокурормен, судьямен, лауазымды адаммен туыстық
қатынастарда болса не егер олар бұрын осы іс бойынша iстi жүргiзуге өзге
қатысушылар ретiнде әрекет етсе, сол сияқты бұл адамдарды осы iске тiкелей немесе
жанама түрде мүдделi деп есептеуге негiздер болса, жiберiлмейдi.
3. Адамның iске сарапшы ретiнде алдыңғы қатысуы, оның қатысуымен жүргiзiлген
сараптамадан кейiн сараптама қайта тағайындалатын жағдайларда, оған сараптама
жүргiзудi тапсыруды болғызбайтын мән-жай болып табылады.
763-бап. Iс бойынша іс жүргiзуге қатысуына жол берiлмейтiн
тұлғаларға қарсылық білдіру
1. Қорғаушының, өкiлдiң, прокурордың, сарапшының және аудармашының әкiмшiлiк
құқық бұзушылық туралы іс бойынша iс жүргiзуге қатысу мүмкiндiгiн болғызбайтын, осы
Кодекстiң 762-бабында көзделген мән-жайлар болған кезде аталған тұлғалар қарсылық
білдіруге жатады.
2. Өздігінен бас тарту немесе қарсылық білдіру туралы арыз жүргізуінде
әкiмшiлiк құқық бұзушылық туралы іс жатқан судьяға, органға (лауазымды адамға)
берiледi.
3. Өздігінен бас тарту немесе қарсылық білдіру туралы арыз берiлген күнiнен
бастап үш тәулік ішінде қаралады.
4. Судья, орган (лауазымды адам) өздігінен бас тарту немесе қарсылық білдіру
туралы арызды қарап, арызды қанағаттандыру не оны қанағаттандырудан бас тарту
туралы ұйғарым шығарады.
764-бап. Жәбiрленушiге, куәға, сарапшыға, маманға,
аудармашыға немесе куәгерге шығыстарды өтеу
1. Жәбiрленушiнiң, куәнiң, сарапшының, маманның, аудармашының және куәгердің
жүргiзуінде әкiмшiлiк құқық бұзушылық туралы іс жатқан сотқа, органға (лауазымды
адамға) келуiне байланысты шеккен шығыстары, оның iшiнде аталған адамдардың
тұрғылықты немесе жүрген жерінен іс бойынша іс жүргізіліп жатқан жерге бару және
керi қайту жолақысының құны, ал бұл басқа жерде болуына байланысты жағдайларда –
тұрғын үй-жайды жалдау, сондай-ақ тәулiктiк шығын құны оларға азаматтық
процестік заңнамада белгiленген тәртiппен өтеледі.
2. Жәбiрленушi, куә, сарапшы, маман, аудармашы және куәгер ретiнде
шақырылатын адамның, жүргізуінде әкiмшiлiк құқық бұзушылық туралы іс жатқан сотқа,
органға (лауазымды адамға) келуiне байланысты олар жұмыс орнында болмаған кезде
орташа табысы белгiленген тәртiппен сақталады.
3. Сарапшының, маман мен аудармашының еңбегiне заңнамада белгiленген
тәртiппен ақы төленедi.
39-тарау. ДӘЛЕЛДЕМЕЛЕР ЖӘНЕ ДӘЛЕЛДЕУ 765-бап. Дәлелдемелер
1. Жүргізуінде әкiмшiлiк құқық бұзушылық туралы іс жатқан судьяның немесе
органның (лауазымды адамның) осы Кодексте белгiленген тәртiппен әкiмшiлiк құқық
бұзушылық құрамының барлық белгілері бар іс-әрекеттің болғанын немесе болмағанын,
өзіне қатысты әкімшілік құқық бұзушылық туралы іс бойынша іс жүргізіліп жатқан
тұлғаның осы іс-әрекетті жасағанын немесе жасамағанын, осы тұлғаның кiнәлiлiгiн не
кінәсіздігін анықтауына негіз болатын заңды түрде алынған нақты деректер, сондай-ақ
iстiң дұрыс шешiлуi үшiн маңызы бар өзге де мән-жайлар әкiмшiлiк құқық бұзушылық
туралы iс бойынша дәлелдемелер болып табылады.
2. Осы баптың бірінші бөлігінде көрсетілген нақты деректер: әкiмшiлiк
жауаптылыққа тартылатын тұлғаның түсiнiктемелерiмен; жәбiрленушiнiң, куәлардың
айғақтарымен; сарапшының, маманның қорытындыларымен және айғақтарымен; заттай
дәлелдемелермен; өзге де құжаттармен; осы Кодексте көзделген әкiмшiлiк құқық
бұзушылық туралы хаттамалармен және процестік әрекеттердің хаттамаларымен
анықталады.
Әкiмшiлiк құқық бұзушылықтар туралы материалдарды дәлелдемелер ретiнде қарау
кезiнде ғылыми-техникалық құралдарды пайдалану кезінде алынған деректер
пайдаланылуы мүмкiн.
3. Егер нақты деректер іс жүргізуге қатысушылардың заңмен кепiлдiк берiлген
құқықтарынан айыру немесе қысым жасау жолымен алынса немесе процестiң өзге де
қағидаларын бұза отырып алынып, нақты деректердiң анықтығына ықпал етiп немесе
ықпал етуi мүмкiн болып, оның iшiнде:
1) зорлық-зомбылық жасап, қорқытып, алдап, сол сияқты өзге де заңсыз
әрекеттер қолданып;
2) процеске қатысатын адамның өз құқықтары мен мiндеттерiне қатысты оған
түсiндiрмеу, толық емес немесе дұрыс емес түсiндiру салдарынан туындаған шатасуын
пайдаланып;
3) осы іс бойынша iс жүргiзудi жүзеге асыруға құқығы жоқ адамның процестік
әрекеттi жүргізуіне байланысты;
4) қарсылық бiлдiруге жататын адамның процестік әрекетке қатысуына
байланысты;
5) процестік әрекеттi жүргізу тәртiбiн бұза отырып;
6) белгiсiз көзден;
7) дәлелдеу барысында қазіргі заманғы ғылыми бiлiмге қайшы келетiн әдiстердi
қолданып, осы Кодекстiң талаптарын бұза отырып алынса, дәлелдемелер ретiнде жол
беруге болмайды деп танылуға тиiс.
4. Нақты деректердi дәлелдемелер ретiнде пайдалануға жол беруге болмайтынын
әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзiп жатқан судья немесе орган
(лауазымды адам) өз бастамашылығымен немесе процеске қатысушылардың өтiнiшхаты
бойынша белгілейді.
5. Тиiстi бұзушылықтар мен оларға жол берген тұлғалардың кiнәлiлiгi фактiсiн
қоспағанда, заңды бұза отырып алынған дәлелдемелердiң заңдық күшi жоқ деп танылады
және оларды iс бойынша шешiмнiң негiзiне алуға, сондай-ақ iс бойынша кез келген
мән-жайды дәлелдеу кезiнде пайдалануға болмайды.
766-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
дәлелдеуге жататын мән-жайлар
Әкiмшiлiк құқық бұзушылық туралы iс бойынша:
1) әкімшілік құқық бұзушылық оқиғасы және осы Кодексте көзделген оның
құрамының белгілері;
2) осы Кодексте әкiмшiлiк жауаптылық көзделген, құқыққа қарсы іс-әрекет
(әрекет не әрекетсіздік) жасаған тұлға;
3) жеке тұлғаның әкiмшiлiк құқық бұзушылық жасауға кiнәлiлiгi;
4) әкiмшiлiк жауаптылықты жеңілдететін немесе ауырлататын мән-жайлар;
5) әкiмшiлiк құқық бұзушылықпен келтірілген залалдың сипаты мен мөлшерi;
6) әкiмшiлiк жауаптылықтан босатуға алып келетiн мән-жайлар;
7) әкiмшiлiк құқық бұзушылық жасауға ықпал еткен себептер мен жағдайлар,
сондай-ақ iстiң дұрыс шешiлуi үшiн маңызы бар өзге де мән-жайлар дәлелденуге
жатады.
767-бап. Өзiне қатысты әкiмшiлiк құқық бұзушылық туралы iс
бойынша іс жүргiзiлiп жатқан тұлғаның
түсiнiктемелері, жәбiрленушiнiң және куәнiң
айғақтары
1. Өзiне қатысты iс бойынша іс жүргiзiлiп жатқан тұлғаның түсiнiктемелері,
жәбiрленушiнiң және куәнiң айғақтары аталған тұлғалардың ауызша немесе жазбаша
нысанда хабарлаған, iске қатысы бар мәлiметтерiн білдіреді.
2. Өзiне қатысты iс бойынша іс жүргiзiлiп жатқан тұлғаның түсiнiктемелерi,
жәбiрленушiнiң және куәнiң айғақтары әкiмшiлiк құқық бұзушылық туралы немесе іс
бойынша iс жүргiзудi қамтамасыз ету шараларын қолдану туралы хаттамада көрсетіледі,
ал қажет болған кезде – сауал қою хаттамасымен ресiмделiп, iске тiгiледi.
3. Өзiне қатысты әкiмшiлiк құқық бұзушылық туралы iс бойынша іс жүргiзiлiп
жатқан тұлғаның түсiнiктемелерi, куәлардың айғақтары әкiмшiлiк құқық бұзушылық
туралы хаттамаға оны толық толтырғаннан және аталған тұлғаларға осы Кодексте
көзделген олардың құқықтары мен міндеттерін түсіндіргеннен кейін ғана енгізіледі.
4. Осы баптың үшінші бөлігінде көзделген талаптарды сақтамаған кезде өзiне
қатысты әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзiлiп жатқан тұлға
түсiнiктемелерiнің, куә айғақтарының дәлелдемелер ретінде күші жоқ деп есептеледі
және дәлелдемелер ретінде танылуы мүмкін емес.
768-бап. Дәлелдемелерді ұсыну
1. Дәлелдемелердi әкiмшiлiк iс жүргiзудің тараптары және басқа да
қатысушылары ұсына алады.
2. Егер ұсынылған дәлелдемелер жеткiлiксiз болса, iстi қарап жатқан сот не
орган процеске қатысушыларға қосымша дәлелдемелер ұсынуды не оларды өз
бастамашылығымен жинауды ұсынуы мүмкiн.
769-бап. Дәлелдеуден босатудың негiздерi
1. Сот, әкiмшiлiк құқық бұзушылықты қарауға уәкiлеттiк берілген орган
(лауазымды адам) жалпыға бiрдей белгiлi деп таныған мән-жайлар дәлелдеудi қажет
етпейдi.
2. Азаматтық iс бойынша соттың күшiне енген шешiмiмен немесе әкiмшiлiк құқық
бұзушылық туралы өзге iс бойынша соттың қаулысымен анықталған мән-жайлар, сол бір
тұлғалар қатысатын әкiмшiлiк құқық бұзушылықтар туралы басқа iстердi қарау кезінде
дәлелдеудi қажет етпейдi.
3. Егер тиiстi құқықтық рәсiм шеңберiнде керiсiнше жағдайлар анықталмаса,
мына мән-жайлар:
1) қазіргі заманғы ғылымда, техникада, өнерде, қолөнерiнде жалпыға бiрдей
қабылданған зерттеу әдiстерiнiң дұрыстығы;
2) адамның заңды бiлуi;
3) адамның өзiнiң қызметтiк және кәсiптік мiндеттерiн бiлуi;
4) олардың болуын растайтын құжатын ұсынбаған және арнаулы даярлықтан өткен
немесе бiлiм алған оқу орнын немесе басқа мекеменi көрсетпеген адамның арнаулы
даярлығының немесе бiлiмiнiң жоқтығы дәлелдемелерсiз анықталған деп есептеледi.
770-бап. Дәлелдемелермен қамтамасыз ету
1. Өздерiне қажеттi дәлелдемелердi ұсыну мүмкiн болмайды деп немесе қиынға
түседi деп қауiптенуге негiзi бар тараптар әкiмшiлiк құқық бұзушылық туралы iстi
қарап жатқан судьяға, органға (лауазымды адамға) осы дәлелдемелермен қамтамасыз ету
туралы өтiнiш жасай алады.
2. Дәлелдемелермен қамтамасыз ету iске қатысуына қарамастан, ұйымдардан
құжаттар, мәлiметтер және қорытындылар ұсынуды, сараптама жүргiзудi, болған жердi
тексерiп қарауды талап ету жолымен және өзге де тәсілдермен жүргiзiледi.
771-бап. Дәлелдемелермен қамтамасыз ету туралы арыз
1. Дәлелдемелермен қамтамасыз ету туралы арызда: қамтамасыз етiлуi қажетті
дәлелдемелер; растау үшiн бұл дәлелдемелердi қажет ететiн мән-жайлар; арыз берушiнi
қамтамасыз ету туралы өтiнiш жасауға итермелеген себептер, сондай-ақ бұл
дәлелдемелердi қажет етiп отырған iс көрсетiлуге тиiс.
2. Арыз әкiмшiлiк құқық бұзушылық туралы iстi қарап жатқан сотқа, органға
(лауазымды адамға) берiледi.
772-бап. Сараптама тағайындау және жүргiзу
1. Iс үшiн маңызы бар мән-жайлар сарапшының арнаулы ғылыми бiлiм негiзiнде
жүргiзетiн iс материалдарын зерттеуi нәтижесiнде алынуы мүмкiн болған кезде,
жүргізуінде әкiмшiлiк құқық бұзушылық туралы іс жатқан судья, орган (лауазымды
адам) сараптаманы тағайындайды.
2. Iсте ведомстволық инспекциялардың ревизиялау, тексеру актiлерiнiң,
қорытындыларының, сондай-ақ мамандардың процестік әрекеттер барысында жүргізетін
зерттеулерiнiң нәтижелерi бойынша жасалған ресми құжаттардың болуы сол бір
мәселелер бойынша сараптама жүргiзу мүмкiндiктерiн жоққа шығармайды.
3. Жүргізуінде әкiмшiлiк құқық бұзушылық туралы іс жатқан судья, орган
(лауазымды адам) тараптардың өтiнiшхаты бойынша немесе өз бастамашылығымен
сараптама тағайындай алады.
4. Сараптама жүргiзу сараптама органдарының қызметкерлерiне не осы
Кодекстiң 757-бабының талаптарын қанағаттандыратын өзге де тұлғаларға тапсырылуы
мүмкiн. Сараптама жүргiзу тараптар ұсынған тұлғалардың арасынан бiреуiне тапсырылуы
мүмкiн. Судьяның, лауазымды адамның сараптама жүргiзу тапсырылған адамды шақыру
туралы талабы аталған адам жұмыс iстейтiн ұйымның басшысы үшiн мiндеттi.
5. Жүргізуінде әкiмшiлiк құқық бұзушылық туралы іс жатқан судья, орган
(лауазымды адам) сараптама тағайындау туралы ұйғарым шығарады, онда:
1) судьяның, лауазымды адамның тегін, аты-жөнiн, соттың, органның атауын;
2) сараптаманы тағайындау уақытын, орнын;
3) сараптама тағайындау үшін негiздi;
4) сарапшының тегін, атын, әкесінің атын (ол болған кезде) немесе сараптама
жүргiзiлуге тиiс сараптама органының атауын;
5) сарапшының алдына қойылған мәселелерді;
6) сарапшының билігіне берiлетiн материалдардың тiзбесiн көрсетедi.
Ұйғарымда сарапшыға оның құқықтары мен міндеттері түсіндірілгені туралы және
оған көрінеу жалған қорытындыны бергені үшін жауаптылық жөнінде ескертілгені туралы
жазбалар да болуға тиіс.
6. Күрделi сараптамалық зерттеулер жүргiзу үшiн бiр мамандықтағы кемiнде екi
сарапшы жүргiзетiн комиссиялық сараптама тағайындалуы мүмкiн.
7. Егер iс үшiн маңызы бар мән-жайларды анықтауға бiлiмнiң түрлi салалары
негiзiнде зерттеулер жүргiзу қажет болса, түрлi мамандықтағы сарапшылар өз құзыретi
шегiнде жүргiзетiн кешендi сараптама тағайындалады.
8. Сараптама тағайындау туралы ұйғарымды орындау үшiн жiбергенге дейiн сот
сараптамасын тағайындаған судья немесе орган (лауазымды адам) өзiне қатысты
әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзiліп жатқан адамды және
жәбiрленушiнi онымен таныстыруға, оларға:
1) сарапшыға қарсылық білдіру немесе сот сараптамасы органын сараптама
жүргiзуден шеттету туралы өтiнiшхат мәлiмдеу;
2) өздерi атаған тұлғаларды немесе нақты сот сараптамасы органдарының
қызметкерлерiн сарапшылар ретiнде тағайындау туралы, сондай-ақ сараптаманы
сарапшылар комиссиясының жүргiзуi туралы өтiнiшхат жасау;
3) сарапшы алдына қосымша мәселелер қою туралы немесе қойылған мәселелердi
нақтылау туралы өтiнiшхат жасау;
4) сараптама жүргiзуге кедергi келтiретiн жағдайларды қоспағанда, сот
сараптамасын тағайындаған судьяның немесе органның (лауазымды адамның) рұқсатымен
сараптама жүргiзу кезiнде қатысу, сарапшыға түсiнiктемелер беру;
5) сот сараптамасын тағайындаған судьяға немесе органға (лауазымды адамға)
сарапшының қорытындысы не қорытынды берудiң мүмкiн еместiгi туралы хабарлама келiп
түскеннен кейiн онымен танысу, өз ескертулерiн ұсыну, қосымша немесе қайталама
сараптама тағайындау, жаңа сараптамалар тағайындау туралы өтiнiшхаттар мәлiмдеу
құқықтарын түсiндiруге мiндеттi.
Жәбiрленушiлерге сараптама олардың жазбаша келiсiмiмен ғана жүргiзiледi. Егер
осы адамдар кәмелетке толмаса немесе сот оларды әрекетке қабiлетсiз деп таныса,
сараптама жүргiзуге жазбаша келiсiмдi олардың заңды өкiлдерi бередi.
9. Сарапшы (сарапшылар) сараптама жүргiзу нәтижелерi бойынша өзiнiң атынан
жасаған, осы Кодекстiң 773-бабының талаптарына сәйкес қорытынды бередi және оны
сараптама тағайындаған судьяға, органға (лауазымды адамға) жiбередi.
10. Қорытынды жеткiлiктi дәрежеде айқын немесе толық болмаған, сондай-ақ
алдыңғы зерттеуге байланысты қосымша мәселелердi шешу қажеттiлiгi туындаған кезде
қосымша сараптама тағайындалуы мүмкiн, оны жүргiзу нақ сол немесе өзге сарапшыға
(сарапшыларға) тапсырылады.
11. Егер сарапшының қорытындысы жеткiлiктi дәрежеде негiзделмесе не оның
түйіндері күмән туғызса немесе сараптама тағайындау және жүргiзу туралы процестік
нормалар елеулi түрде бұзылса, сол объектiлердi зерттеу және сол мәселелердi шешу
үшiн қайтадан сараптама тағайындалуы мүмкiн, оны жүргiзу сарапшылар комиссиясына
тапсырылады, оған алдыңғы сараптаманы жүргiзген сарапшы (сарапшылар) кiрмейдi.
12. Судьяның, органның (лауазымды адамның) қосымша және қайтадан сараптамалар
тағайындау туралы ұйғарымы уәждi болуға тиiс. Сарапшыға (сарапшыларға) қосымша және
қайтадан сараптамалар жасау тапсырылған кезде алдыңғы сараптамалардың нәтижелерi
бойынша жасалған қорытындылар ұсынылуға тиiс.
13. Егер сарапшы зерттеу жүргiзгенге дейiн өзiнiң алдына қойылған мәселелер
оның арнаулы бiлiмiнiң шегiнен тыс не өзiне ұсынылған материалдардың қорытынды беру
үшiн жарамсыз немесе жеткiлiксiз екендiгiне және оны толықтыру мүмкiн болмайтынына
не ғылым мен сараптама практикасының жай-күйi қойылған мәселелерге жауап беруге
мүмкiндiк бермейтiнiне көзi жетсе, ол қорытынды берудiң мүмкiн еместiгi туралы
уәжді хабарлама жасайды және оны судьяға, органға (лауазымды адамға) жiбередi.
773-бап. Сарапшы мен маманның қорытындысы және айғақтары
1. Сарапшының қорытындысы – бұл арнаулы ғылыми бiлiмдi пайдалана отырып
жүргiзiлген iс материалдарын, оның iшiнде заттай дәлелдемелер мен үлгiлердi зерттеу
нәтижелерiне негiзделген, оның алдына жүргізуінде әкiмшiлiк құқық бұзушылық туралы
іс жатқан судья, орган (лауазымды адам) қойған мәселелер бойынша жазбаша нысанда
ұсынылған түйіндер. Қорытындыда сарапшының зерттеу кезiнде қолданған әдiстерi,
қойылған сұрақтарға жауаптардың негiздемесi және сарапшының өзінің бастамасымен
белгіленген, iс үшiн маңызы бар мән-жайлар да көрсетiледi.
2. Қорытындыны зерттеулер жүргiзгеннен кейiн оның нәтижелерiн ескере отырып
сарапшы (сарапшылар) өз атынан жасайды, оны өзінің (өздерiнiң) қолымен және жеке
мөрiмен куәландырады. Сараптаманы сараптама органы жүргiзген жағдайда, сарапшының
қолы аталған органның мөрiмен расталады.
3. Сарапшының қорытындысында: оның ресiмделген күнi, сараптаманың жүргiзiлген
мерзiмдерi және орны; сот сараптамасын жүргiзудiң негiздерi; жүргізуінде әкiмшiлiк
құқық бұзушылық туралы іс жатқан судья туралы, орган (лауазымды адам) туралы
мәлiметтер; сараптама жүргiзу тапсырылған сот сараптамасы органы және (немесе)
сарапшы (сарапшылар) туралы мәлiметтер (тегi, аты, әкесiнiң аты (ол болған кезде),
бiлiмi, мамандығы, мамандығы бойынша жұмыс өтілі, ғылыми дәрежесi және ғылыми
атағы, атқаратын лауазымы); сотта көрiнеу жалған қорытынды бергенi үшiн қылмыстық
жауаптылық туралы өзiнiң ескертiлгенi туралы сарапшының қолымен куәландырылған
белгi; сарапшының (сарапшылардың) алдына қойылған мәселелер; сараптама жүргiзу
кезiнде процеске қатысқан қатысушылар және олар берген түсiндiрмелер туралы
мәлiметтер; объектiлер; пайдаланылған әдiстемелер көрсетiле отырып, зерттеулердiң
мазмұны мен нәтижелерi; жүргiзiлген зерттеулердiң нәтижелерiн бағалау, сарапшының
(сарапшылардың) алдына қойылған мәселелер бойынша түйіндердің негiздемесi мен
тұжырымы көрсетiлуге тиiс.
4. Егер осы Кодекстiң 772-бабының он үшiншi бөлiгiнде көрсетiлген мән-жайлар
зерттеу барысында анықталса, қорытындыда қойылған мәселелердiң барлығына немесе
кейбiреуiне жауап беру мүмкiн еместiгiнiң негiздемесi қамтылуға тиiс.
5. Сарапшының айғақтары – осы Кодекстің 757-бабының талаптарына сәйкес ол
ұсынған қорытындыны түсіндіру немесе нақтылау мақсатында әкімшілік құқық бұзушылық
туралы істі қарау барысында ол хабарлаған мәліметтер.
6. Маманның қорытындысы – бұл әкiмшiлiк құқық бұзушылық туралы iс бойынша іс
жүргізуді жүзеге асыратын уәкілетті лауазымды адам немесе тараптар маманның алдына
қойған мәселелер бойынша жазбаша түрде ұсынған пікірі, оларға жауап қайтарылған
кезде тиісті зерттеу жүргізу талап етілмейді.
7. Маманның қорытындысы кіріспе, сипаттау бөліктерінен және түйіндерден
тұрады. Кіріспе бөлігінде: қорытындының берілген күні, орны, уақыты; арнайы зерттеу
жүргiзуді тапсырған лауазымды адам; маман туралы мәлiметтер (тегi, аты, әкесiнiң
аты (ол болған кезде), бiлiмi, мамандығы, мамандығы бойынша жұмыс өтілі, ғылыми
дәрежесi, ғылыми атағы, атқаратын лауазымы) көрсетiлуге тиiс.
Сипаттау бөлігінде маманның алдына қойылған мәселелер, қорытынды беру үшін
маманға ұсынылған объектілер, материалдар, құжаттар, зерттеу кезінде қатысқан
адамдар қамтылады. Түйіндерде маманның қойылған мәселелерге жауаптары және олардың
ғылыми негіздемесі көрсетіледі.
8. Маманның айғақтары – әкімшілік құқық бұзушылық туралы істі қарау барысында
арнаулы білімді талап ететін мән-жайлар туралы ол хабарлаған мәліметтер, сондай-ақ
осы Кодекстің 756-бабының талаптарына сәйкес өз пікірін түсіндіру.
9. Осы баптың екiншi бөлiгiнде көзделген тәртiппен куәландырылған,
сарапшының, маманның қорытындысын көрнекiлейтiн материалдар (фотокестелер,
схемалар, графиктер, кестелер және басқа да материалдар) қорытындыға қоса берiледi
және оның құрамдас бөлiгi болып табылады. Қорытындыға зерттеуден кейiн қалған
объектiлер, оның iшiнде үлгiлер де қоса берiлуге тиiс.
10. Сарапшының, маманның қорытындысы жүргізуінде әкiмшiлiк құқық бұзушылық
туралы іс жатқан сот, орган (лауазымды адам) үшiн мiндеттi болып табылмайды, алайда
олардың қорытындымен келiспеуi уәждi болуға тиiс.
774-бап. Yлгiлердi алу
1. Судья, eгep үлгiлердi зерттеудiң iс үшiн маңызы бар болса, оларды, оның
iшiнде адамның, жануардың, заттың, заттектің қасиеттерiн бейнелейтiн үлгiлердi
алуға құқылы.
2. Үлгiлерге материалдардың, заттардың, шикiзаттың, дайын өнiмнiң сынамалары
да жатады.
3. Yлгiлердi алу туралы уәждi ұйғарым шығарылады, онда: үлгiлердi алатын
тұлға; үлгiлер алынуы тиiс тұлға (ұйыо( � нақты қандай үлгiлер және қандай санда
алынуы тиiс екенi; тұлға өзінен үлгiлердi алу үшiн қашан және кiмге келуi тиiс
екенi; үлгiлер алынғаннан кейiн олардың қашан және кiмге ұсынылуға тиiс екенi
көрсетiлуге тиіс.
4. Үлгiлердi судьяның жеке өзi алуы, ал қажет болған кезде, егер бұл үлгiлер
алынатын жынысы басқа адамды жалаңаштап шешiндiрумен ұштаспаса және ерекше кәсiптік
дағдыны талап етпесе, дәрiгердiң немесе басқа маманның қатысуымен алынуы мүмкiн.
Өзге жағдайларда үлгiлердi судьяның тапсырмасы бойынша дәрiгер немесе басқа маман
алуы мүмкiн.
5. Үлгiлердi алу құқығы судьяда, сарапшыда, дәрiгерде немесе басқа маманда
болады.
6. Үлгiлердi алу сараптамалық зерттеудiң бiр бөлiгi болып табылатын
жағдайларда, оны сарапшы жүргiзуi мүмкiн.
7. Yлгiлер тараптардан, сондай-ақ үшiншi тұлғалардан алынуы мүмкiн.
8. Судья адамды өзiне шақырады, оны үлгiлердi алу туралы ұйғарыммен қолхат
ала отырып таныстырады, оған және осы процестік әрекеттерге қатысатын өзге де
адамдарға олардың құқықтары мен мiндеттерiн түсiндiредi.
9. Судья жеке өзi немесе маманның қатысуымен қажеттi әрекеттердi жүргiзедi,
үлгiлердi алады, оларды орайды және оларға мөр басады.
10. Үлгiлердi алу нәтижелерi процестік әрекет (сот отырысы) хаттамасында
тiркеледi, онда жүргiзiлген ретi сақтала отырып: үлгiлердi алу үшiн жасалған
әрекеттер, бұл ретте қолданылған ғылыми-зерттеулер және басқа да әдiстер мен
рәсiмдер, сондай-ақ үлгiлердiң өздерi сипатталады.
775-бап. Дәрiгердiң немесе басқа маманның, сондай-ақ
сарапшының үлгiлердi алуы
1. Судья өзiнен үлгiлер алынуға тиiс адамды, сондай-ақ тиiстi тапсырмасы бар
ұйғарымды дәрiгерге немесе басқа маманға жiбередi. Ұйғарымда осы процестік әрекетке
қатысушылардың барлығының құқықтары мен мiндеттерi көрсетiлуге тиiс.
2. Дәрiгер немесе басқа маман судьяның тапсырмасы бойынша қажеттi әрекеттердi
жүргiзедi және үлгiлердi алады. Үлгiлер оралады және мөр басылады, одан кейiн
дәрiгер немесе басқа маман жасаған ресми құжатпен бiрге судьяға жiберiледi.
3. Сарапшы зерттеу процесiнде эксперименттік үлгiлер дайындауы мүмкiн, бұл
туралы ол қорытындыда хабарлайды.
4. Судья мұндай үлгiлердi дайындау кезiнде қатысуға құқылы, оны өзi жасайтын
хаттамада көрсетедi.
5. Сарапшы зерттеу жүргiзгеннен кейiн үлгiлердi оралған және мөр басылған
түрде өзiнiң қорытындысына қоса береді.
6. Егер үлгiлердi судьяның тапсырмасы бойынша маман немесе сарапшы алған
болса, ол ресми құжат жасап, оған процестік әрекетке қатысушылардың барлығы қол
қояды және iс материалдарына қосып тігу үшiн судьяға берiледi.
7. Алынған үлгiлер оралған және мөр басылған түрде хаттамаға қоса беріледi.
776-бап. Үлгiлердi алу кезiнде жеке бас құқықтарын қорғау
Үлгiлердi алу әдiстерi мен ғылыми-техникалық құралдары адамның өмiрi мен
денсаулығы үшiн қауiпсiз болуға тиiс. Қатты ауыру сезiнуiн тудыратын күрделi
медициналық рәсiмдердi немесе әдiстердi қолдануға үлгiлер алынуға тиiстi адамның
жазбаша келiсiмімен ғана, ал егер ол кәмелетке толмаған немесе психикалық аурумен
ауыратын болса, онда оның заңды өкiлдерiнiң келiсiмiмен ғана жол берiледi.
777-бап. Заттай дәлелдемелер
1. Құқық бұзушылықтың құралы не нысанасы болған не оның iздерi қалған заттар
әкiмшiлiк құқық бұзушылық туралы iс бойынша заттай дәлелдемелер болып табылады.
2. Қажет болған жағдайларда заттай дәлелдемелер суретке түсiрiледi немесе
өзге тәсiлмен тiркеледi және iске тiгiледi, бұл жөнiнде әкiмшiлiк құқық бұзушылық
туралы хаттамаға немесе осы Кодексте көзделген өзге хаттамаға жазба жазылады.
3. Жүргізуінде әкiмшiлiк құқық бұзушылық туралы іс жатқан судья, орган
(лауазымды адам) iс мәнi бойынша шешiлгенге дейiн заттай дәлелдемелердiң сақталуын
қамтамасыз етуге қажеттi шаралар қолдануға, сондай-ақ iстi қарау аяқталысымен олар
туралы шешiм қабылдауға мiндеттi.
778-бап. Ғылыми-техникалық құралдар
1. Сот, орган (лауазымды адам) және әкімшілік құқық бұзушылық туралы іс
бойынша іс жүргізудің қатысушылары ғылыми-техникалық құралдарды пайдалану кезінде
алынған нақты деректерді пайдалануға және ұсынуға құқылы.
2. Егер ғылыми-техникалық құралдар:
1) заңда тікелей көзделсе немесе оның нормалары мен қағидаттарына қайшы
келмесе;
2) ғылыми негізделген болса;
3) іс бойынша іс жүргізудің тиімділігін қамтамасыз етсе;
4) қауіпсіз болса, оларды пайдалануға жол беріледі деп танылады.
3. Ғылыми-техникалық құралдарды пайдалану кезінде алынған нақты деректер
әкімшілік құқық бұзушылық туралы хаттамада немесе әкімшілік құқық бұзушылық туралы
іс бойынша қаулыда көрсетіледі.
779-бап. Құжаттар
1. Егер ұйымдар, лауазымды адамдар және жеке тұлғалар баяндаған немесе
куәландырған мәлiметтердiң әкiмшiлiк құқық бұзушылық туралы iс үшiн маңызы болса,
құжаттар iс бойынша дәлелдемелер деп танылады.
2. Құжаттар жазбаша да, өзге де нысанда тiркелген мәлiметтерді қамтуы мүмкiн.
Құжаттарға, оның ішінде осы Кодексте көзделген тәртiппен алынған, талап етiп
алдырылған немесе ұсынылған компьютерлiк ақпаратты, фото- және кинотүсiрiлiмдерді,
дыбыс- және бейнежазбаларды қамтитын материалдар жатқызылуы мүмкiн.
3. Көлік құралын басқару құқығына жүргізуші куәлігі оның төлнұсқалығын
тексеру және жеке тұлғаны көлік құралын басқару құқығынан айыру туралы шешім
қабылдау жағдайларында ғана іс үшін маңызы бар құжат болып табылады.
4. Жүргізуінде әкiмшiлiк құқық бұзушылық туралы іс жатқан судья, орган
(лауазымды адам) iс мәнi бойынша шешiлгенге дейiн құжаттардың сақталуын қамтамасыз
етуге қажеттi шаралар қолдануға, сондай-ақ iстi қарау аяқталысымен олар туралы
шешiм қабылдауға мiндеттi.
5. Құжаттарда осы Кодекстiң 777-бабында көрсетілген белгiлер болған
жағдайларда, олар заттай дәлелдемелер болып табылады.
780-бап. Қосымша мәлiметтерді талап етіп алдыру
1. Жүргізуінде әкiмшiлiк құқық бұзушылық туралы іс жатқан судья, орган
(лауазымды адам) ұйымдардан, қоғамдық бiрлестiктерден iстiң шешiлуiне қажеттi
қосымша мәлiметтерді талап етіп алдыру туралы ұйғарым шығаруға құқылы.
2. Судьяның, органның (лауазымды адамның) қосымша мәлiметтерді талап етіп
алдыру туралы ұйғарымында қаралып жатқан iстiң мәнi қысқаша баяндалып, анықтауға
жататын мән-жайлар көрсетiледi. Осы ұйғарым жiберiлiп отырған сот үшiн мiндеттi
болып табылады және белгiленген мерзiмде орындалуға жатады.
3. Талап етiлетін мәлiметтер талап алынған күннен бастап үш тәулік ішінде
жiберiлуге тиiс.
4. Көрсетілген мәлiметтердi ұсыну мүмкiн болмаған кезде ұйым, қоғамдық
бiрлестiк ұйғарым шығарған судьяны, органды (лауазымды адамны) бұл туралы үш тәулік
ішінде жазбаша нысанда хабардар етуге мiндеттi.
781-бап. Дәлелдеу
1. Дәлелдеу әкімшілік құқық бұзушылықтар туралы iстердi заңды, негiзді және
әдiл қарау үшiн маңызы бар мән-жайларды анықтау мақсатында дәлелдемелердi жинаудан,
тексеруден және бағалаудан тұрады.
2. Құқық бұзушылықтың әкімшілік жауаптылық негіздері мен кiнәсiнiң болуын
дәлелдеу мiндетi әкімшілік құқық бұзушылықтар туралы іс бойынша іс жүргізуді жүзеге
асыруға уәкілеттік берілген органға (лауазымды адамға) жүктеледі.
782-бап. Дәлелдемелерді жинау
1. Дәлелдемелерді жинау осы Кодексте көзделген әрекеттерді жүзеге асыру
арқылы әкімшілік құқық бұзушылықтар туралы iстер бойынша іс жүргізу процесінде
жүргізіледі.
2. Нәрселер мен құжаттар оларды бағалағаннан кейін iске тігіледі, бұл жөнінде
әкімшілік құқық бұзушылықтар туралы хаттамада тиісті жазба жасалады немесе бөлек
хаттама жасалады.
Әкімшілік құқық бұзушылықтар туралы iстер бойынша іс жүргізуге қатысушылар
болып табылатын адамдардан нәрселер мен құжаттарды қабылдау өтінішхат негізінде
жүзеге асырылады.
783-бап. Дәлелдемелерді тексеру
Әкімшілік құқық бұзушылық туралы iс бойынша барлық жиналған дәлелдемелер
мұқият, жан-жақты және объективтi тексеруге жатады. Тексеру алынған дәлелдемелердi
талдауды, оны басқа дәлелдемелермен салыстыруды, қосымша дәлелдемелер жинауды,
дәлелдемелердi алу көздерiн тексерудi қамтиды.
784-бап. Дәлелдемелердi бағалау
1. Дәлелдемелерді бағалау – бұл дәлелдемелерді талдау мен синтездеуден
тұратын және жеке дәлелдемелердің тиесілігі, жол беруге болатындығы, анықтығы мен
маңызы және қабылданған шешімді негіздеу үшін олардың жиынтығының жеткіліктілігі
туралы түйінмен аяқталатын логикалық ойлау қызметі.
2. Әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзудi жүзеге асыратын
судья, орган (лауазымды адам) дәлелдемелердi заң мен ар-намысты басшылыққа ала
отырып, дәлелдемелердi өз жиынтығында жан-жақты, толық және объективтi қарауға
негiзделген өзiнiң iшкi сенiмi бойынша бағалайды. Ешбiр дәлелдеменiң алдын ала
белгiленген күшi болмайды.
3. Әрбiр дәлелдеме тиесiлiлiгi, жол беруге болатындығы, анықтығы, ал барлық
жиналған дәлелдемелер өз жиынтығында iстiң шешiлуi үшiн жеткiлiктiлiгi тұрғысынан
бағалануға жатады.
4. Егер дәлелдеме iс үшiн маңызы бар мән-жайлардың болуы туралы түйіндерді
растайтын, жоққа шығаратын немесе оған күмән келтiретiн нақты деректерді білдірсе,
дәлелдеме iске қатысты деп танылады.
5. Егер дәлелдеме осы Кодексте көзделген тәртiппен алынса, ол жол беруге
болатын дәлелдеме деп танылады.
6. Егер тексеру нәтижесiнде дәлелдеменiң шындыққа сәйкес екендiгi анықталса,
ол анық дәлелдеме деп танылады.
7. Егер дәлелденуге жататын мән-жайлардың барлығы және әрқайсысы туралы
ақиқатты даусыз анықтайтын, iске қатысты жол берiлетiн және анық дәлелдемелердiң
бәрi жиналса, дәлелдемелердiң жиынтығы iстiң шешiлуi үшiн жеткiлiктi деп танылады.
40-тарау. ӘКІМШІЛІК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ ІСТЕР БОЙЫНША ІС
ЖҮРГІЗУДІ ҚАМТАМАСЫЗ ЕТУ ШАРАЛАРЫН ҚОЛДАНУ
785-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша іс
жүргiзудi қамтамасыз ету шаралары
1. Әкiмшiлiк құқық бұзушылықтың жолын кесу, оны жасауға күдiктiнiң жеке басын
анықтау, әкiмшiлiк құқық бұзушылық жасалған жерде әкiмшiлiк құқық бұзушылық туралы
хаттама жасау мүмкiн болмағанда, оны жасау, iстi уақтылы және дұрыс қарауды және iс
бойынша қабылданған қаулыны орындауды қамтамасыз ету, адамдардың өміріне немесе
денсаулығына тікелей қатерді, авария немесе техногендік апат қатерін болғызбау
мақсатында уәкiлеттi лауазымды адам өз өкiлеттiктерi шегiнде жеке тұлғаға қатысты
әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзудi қамтамасыз етудің мынадай
шараларын қолдануға құқылы:
1) әкiмшiлiк құқық бұзушылық туралы хаттама жасалатын жерге жеткiзу;
2) жеке тұлғаны әкiмшiлiк ұстап алу;
3) күштеп әкелу;
4) жеке басын жете тексеруді және жеке тұлғаның өзімен бірге алып жүрген
заттарын жете тексеруді;
5) көлiк құралдарын, шағын көлемдi кемелерді жете тексеру;
6) құжаттар мен заттарды алып қою;
7) көлiк құралын немесе шағын көлемдi кеменi басқарудан шеттету және оның
алкогольден, есiрткiден, уытқұмарлықтан масаң күйiн куәландыру;
8) көлiк құралын немесе шағын көлемдi кеменi ұстап алу, жеткiзу және
пайдалануға тыйым салу;
9) қарап-тексеру;
10) жеке тұлғаның алкогольден, есiрткiден немесе уытқұмарлықтан масаң күйiн
медициналық куәландыру;
11) осы Кодекстің 48-бабының тәртібімен қызметті немесе оның жекелеген
түрлерін тоқтата тұру не оған тыйым салу.
2. Заңды тұлғаға қатысты әкiмшiлiк құқық бұзушылық туралы іс бойынша iс
жүргiзудi қамтамасыз етудің мынадай шаралары қолданылуы мүмкiн:
1) заңды тұлғаға тиесiлi үй-жайларды, аумақтарды, ондағы тауарларды, көлiк
құралдарын және өзге де мүлiктi, сондай-ақ тиiстi құжаттарды қарап-тексеру;
2) заңды тұлғаға тиесiлi құжаттарды алып қою;
3) заңды тұлғаға тиесiлi тауарларға, көлiк құралдарына және өзге де мүлiкке
тыйым салу немесе алып қою;
4) осы Кодекстің 48-бабының тәртібімен қызметті немесе оның жекелеген
түрлерін тоқтата тұру не оған тыйым салу.
3. Әкімшілік құқық бұзушылық туралы іс бойынша іс жүргізуді қамтамасыз ету
шаралары әкімшілік құқық бұзушылық туралы іс қозғалғанға дейін (жеке басты жете
тексеруді, жеке тұлғаның өзімен бірге алып жүрген заттарын жете тексеруді
қоспағанда), іс бойынша іс жүргізу кезеңінде, сондай-ақ әкімшілік құқық бұзушылық
туралы іс бойынша қаулыны орындау сатысында қолданылуы мүмкін.
4. Осы баптың бірінші және екінші бөліктерінде санамаланған әкімшілік құқық
бұзушылық туралы іс бойынша іс жүргізуді қамтамасыз ету шараларының әрқайсысы жеке
немесе егер бұл қажеттіліктен туындаса, бір мезгілде басқа шаралармен бірге
қолданылуы мүмкін.
5. Лауазымды адам әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзудi
қамтамасыз ету шараларын заңсыз қолданудан келтiрілген зиян үшiн жауапты болады.
6. Әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзудi қамтамасыз ету
шараларын қолдануға осы Кодекстiң 44-тарауында көзделген тәртіппен шағым жасалуы
мүмкiн.
786-бап. Жеткiзу
1. Құқық бұзушылықтың жолын кесу, құқық бұзушының жеке басын анықтау, сондай-
ақ хаттаманың жасалуы мiндеттi болып, оларды әкiмшiлiк құқық бұзушылық анықталған
жерде жасау мүмкiн болмаған кезде, әкiмшiлiк құқық бұзушылық туралы хаттама жасау
не қорғау нұсқамасын шығару мақсатында жеке тұлғаны, заңды тұлғаның өкiлiн,
лауазымды адамды, ал осы баптың 1), 3), 4), 5) және 7) тармақшаларында көзделген
жағдайларда көлік құралын және құқық бұзушылық жасаудың басқа да құралдарын:
1) көлiк құралдарын пайдалану қағидаларын, жол жүрісі тәртiбi мен
қауiпсiздiгiн қорғау жөнiндегi қағидаларды, көлiктегі жүктердiң сақталуын
қамтамасыз етуге бағытталған қағидаларды, өрт қауiпсiздiгi қағидаларын, көлiктегі
санитариялық-гигиеналық және санитариялық эпидемияға қарсы қағидаларды бұзушылықтар
жасалған кезде – егер оның жеке басын куәландыратын құжаттары және ол туралы
қажеттi деректерді хабарлайтын куәлар жоқ болса, сондай-ақ егер оның көлiк құралына
қажеттi құжаттары болмаса, осыған уәкiлеттiк берiлген тұлға iшкi iстер органына
(полицияға);
2) орман тәртібін бұзушылықтар немесе аң аулау қағидаларын, балық аулау және
балық қорын қорғау қағидаларын бұзу және жануарлар дүниесiн қорғау мен пайдалану
туралы заңнаманы басқаша бұзушылықтар жасалған кезде - орман және аңшылық
шаруашылығы мемлекеттiк және ведомстволық күзетiнiң жұмыскерлерi, аң аулау
қағидаларының сақталуына мемлекеттiк қадағалауды жүзеге асыратын органдардың, балық
қорғау органдарының осыған уәкiлеттiк берілген лауазымды адамдары, жануарлар
дүниесiнiң қорғалуы мен пайдаланылуына мемлекеттiк және ведомстволық бақылауды
жүзеге асыратын басқа да органдардың лауазымды адамдары, қорықтардың және басқа да
ерекше қорғалатын табиғи аумақтардың лауазымды адамдары, сондай-ақ iшкi iстер
органдарының (полицияның) қызметкерлерi iшкi iстер органдарына (полицияға) немесе
жергiлiктi басқару органына;
3) қорғалатын объектiлерге, басқа да бөтен мүлiкке қолсұғушылықпен байланысты
әкiмшiлiк құқық бұзушылықтар жасалған кезде – әскерилендiрiлген күзет жұмыскерлерi
әскерилендiрiлген күзеттiң қызметтiк үй-жайына немесе iшкi iстер органына
(полицияға);
4) Қазақстан Республикасының Мемлекеттiк шекара режимiн, шекара режимін және
кедендік режимдi, Қазақстан Республикасының Мемлекеттiк шекарасы және Кеден
одағының кедендiк шекарасы арқылы өткiзу пункттерiндегi режимді бұзушылықтар,
Қазақстан Республикасы Ұлттық қауiпсiздiк комитетiнiң Шекара қызметi әскери
қызметшiсiнiң, өзге де әскерлер, әскери құралымдар әскери қызметшiлерiнiң, iшкi
iстер органдары (полиция) қызметкерiнiң заңды өкiмiне немесе талабына қаскөйлікпен
бағынбаушылық жасалған кезде – әскери қызметшi, iшкi iстер органдарының
(полицияның) қызметкерi немесе Қазақстан Республикасының Мемлекеттiк шекарасын
күзету жөнiндегi мiндеттi орындайтын басқа жеке тұлға бөлiмшеге, әскери бөлiмге,
Қазақстан Республикасы Ұлттық қауiпсiздiк комитетiнiң Шекара қызметiне, iшкi iстер
органына (полицияға), жергiлiктi басқару органына;
5) кәсiпкерлiк қызмет, сауда және қаржы, салық салу, кеден ісі саласындағы
құқық бұзушылықтар жасалған кезде – экономикалық тергеу қызметі қызметкерлерi;
6) белгіленген басқару тәртібіне және мемлекеттік билік институттарына қол
сұғатын құқық бұзушылықтар, сыбайлас жемқорлық құқық бұзушылықтар жасалған кезде –
сыбайлас жемқорлыққа қарсы қызмет қызметкерлері;
7) күзетілетін адамдардың қауіпсіздігін қамтамасыз ету жөніндегі күзет іс-
шараларын жүргізу кезінде құқық бұзушылықтар жасалған кезде – Қазақстан
Республикасы Мемлекеттік күзет қызметiнің қызметкерлері;
8) өзге де әкiмшiлiк құқық бұзушылық жасалған кезде прокурордың тиiстi
тапсырмалары немесе әкiмшiлiк құқық бұзушылық туралы хаттамалар жасауға уәкiлеттiк
берілген лауазымды адамдар тарапынан өтiнiш болған кезде – iшкi iстер органдарының
қызметкерлерi iшкi iстер органына (полицияға) немесе өзге де мемлекеттiк органға
жеткiзудi, яғни мәжбүрлеп келтiрудi жүзеге асырады.
2. Қазақстан Республикасының континенттiк қайраңында, аумақтық суларында
(теңiзiнде) және iшкi суларында құқық бұзушылықтар жасалған кезде, жеке басын сол
жерде анықтау мүмкiн емес тәртiп бұзушы, сондай-ақ Қазақстан Республикасының
континенттiк қайраңында, аумақтық суларында (теңізінде) және ішкі суларында заңсыз
қызметті жүзеге асыру үшiн пайдаланылатын, тиесілігі қарап-тексеру кезiнде
анықталуы мүмкiн емес кемелер мен әкiмшiлiк құқық бұзушылық жасау құралдары құқық
бұзушылықтың жолын кесу үшiн, сондай-ақ тәртiп бұзушының жеке басын және ұстап
алынған кемелердiң, құқық бұзушылық жасау құралдарының тиесілігін анықтау және
әкiмшiлiк құқық бұзушылық туралы хаттама жасау үшiн Қазақстан Республикасының
портына (шетел кемелерi – шетел кемелерiнiң келiп кiруiне ашық Қазақстан
Республикасы порттарының бiрiне) жеткiзiлуге жатады.
3. Жеткiзу мүмкiндiгiнше қысқа мерзiмде жүргізілуге тиiс.
4. Жеткiзу туралы хаттама жасалады не әкiмшiлiк құқық бұзушылық немесе
әкiмшiлiк ұстап алу туралы хаттамаға тиiстi жазба жазылады.
Тұлғаны әкімшілік жауаптылыққа тарту үшін көзделген мерзімде оны жеткізуді
жүзеге асыру мүмкін болмаған кезде, өтініш беруші органның (лауазымды адамның)
атына жеткізудің жүргізілмеу себептері көрсетіліп, жазбаша хабарлама жіберіледі.
Ескерту. 786-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
787-бап. Әкімшілік ұстап алу
Әкiмшiлiк ұстап алуды, яғни құқық бұзушылықтың жолын кесу немесе іс жүргізуді
қамтамасыз ету мақсатында жеке тұлғаның, заңды тұлға өкілінің, лауазымды адамның
жеке бас бостандығын қысқаша мерзімге шектеуді:
1) Осы Кодекстің 685-бабына сәйкес бұл жөніндегі істерді ішкі істер органдары
(полиция) қарайтын әкімшілік құқық бұзушылықтар не осы Кодекстің 804-бабының
бірінші бөлігінің 1) тармақшасына сәйкес бұл жөніндегі істер бойынша әкімшілік
құқық бұзушылық туралы хаттамалар жасалатын әкімшілік құқық бұзушылықтар анықталған
кезде – ішкі істер органдары (полиция);
2) төтенше жағдай режимi бұзылған кезде және төтенше жағдай кезiнде құқықтық
тәртiптi бұзуға итермелейтін iс-әрекеттер кезінде – төтенше жағдай жарияланған
жердiң комендатурасы мен әскери патрульдер;
3) терроризмге қарсы операцияның құқықтық режимi бұзылған немесе терроризмге
қарсы операцияның жариялануына байланысты белгiленген талаптар орындалмаған кезде –
терроризмге қарсы операцияға белгiленген құзыретi шегiнде қатысатын лауазымды
адамдар;
4) Осы Кодекстің 726-бабының үшінші бөлігіне сәйкес Қазақстан Республикасы
Ұлттық қауiпсiздiк комитетi Шекара қызметiнің лауазымды адамдары қарайтын әкімшілік
құқық бұзушылықтар не осы Кодекстің 804-бабы бірінші бөлігінің 44) тармақшасына
сәйкес бұл жөніндегі істер бойынша әкімшілік құқық бұзушылық туралы хаттамалар
жасалатын әкімшілік құқық бұзушылықтар анықталған кезде – осы қызметтің лауазымды
адамдары;
5) күзетiлетiн объектiлерге, басқа да бөтен мүлiкке қолсұғушылықпен
байланысты құқық бұзушылықтар жасалған кезде – күзетiлетiн объект орналасқан
жердегi аға әскери қызметшi, iшкi iстер органдарының, арнаулы мемлекеттiк
органдардың қызметкерi, әскерилендiрiлген күзеттiң лауазымды адамы;
6) балық қорғау органдары, аң аулау қағидаларының сақталуына мемлекеттiк
қадағалауды жүзеге асыратын органдар мен орман және аңшылық шаруашылығы органдары
сақталуын бақылауды жүзеге асыратын қағидалар бұзылған кезде – осы органдар;
7) көлiк бақылау органдары сақталуын бақылауды жүзеге асыратын қағидалар
бұзылған кезде – осы органдар;
8) Қазақстан Республикасы Қарулы Күштерiнiң, Қазақстан Республикасының басқа
да әскерлерi мен әскери құралымдарының көлiк құралдарын басқаратын жүргiзушiлер
немесе басқа да адамдар жол жүрісі қағидаларын бұзған кезде – әскери полицияның
лауазымды адамдары;
9) табиғат қорғау заңнамасы бұзылған кезде – қоршаған ортаны қорғау және
табиғи ресурстарды, қорықтар мен басқа да ерекше қорғалатын табиғи аумақтарды
пайдалану саласындағы мемлекеттiк бақылау органдары;
10) кәсiпкерлiк қызмет, сауда және қаржы, салық салу, кеден ісі салаларында
құқық бұзушылықтар жасалған кезде әкiмшiлiк құқық бұзушылықтар туралы iстердiң
ведомстволық бағыныстылығына сәйкес – мемлекеттік кіріс органдарының лауазымды
адамдары;
11) белгiленген басқару тәртiбiне және мемлекеттiк билiк институттарына қол
сұғатын құқық бұзушылықтар, сыбайлас жемқорлық құқық бұзушылықтар жасалған кезде
әкiмшiлiк құқық бұзушылықтар туралы iстердiң ведомстволық бағыныстылығына сәйкес –
сыбайлас жемқорлыққа қарсы қызметтің лауазымды адамдары;
12) Қазақстан Республикасының континенттiк қайраңында, аумақтық суларында
(теңiзiнде) және iшкi суларында рұқсат етiлген қызметтi регламенттейтiн лицензия
шарттарының бұзылуына, ресурстық немесе теңiзде ғылыми зерттеулердi жүргiзу
қағидаларының бұзылуына, қалдықтар мен басқа да материалдарды көму қағидаларының
бұзылуына, Қазақстан Республикасының континенттiк қайраңын, аумақтық суларын
(теңiзiн) және iшкi суларын қорғау органдары лауазымды адамдарының кеменi тоқтату
туралы заңды талаптарының орындалмауына немесе оның жүзеге асырылуына кедергi
келтіруге байланысты континенттiк қайраңда, аумақтық суларда (теңiзде) және iшкi
суларда әкiмшiлiк құқық бұзушылықтар жасалған кезде – мемлекеттiк тау-кен қадағалау
органдарының, Қазақстан Республикасы Ұлттық қауiпсiздiк комитетi Шекара қызметiнiң,
геология және жер қойнауын пайдалану жөнiндегi уәкiлеттi органның, қоршаған ортаны
және табиғи ресурстарды қорғау жөнiндегi органдардың, балық аулау жөнiндегi
республикалық органның лауазымды адамдары;
13) алып тасталды - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015 бастап
қолданысқа енгізіледі);
14) егер құқық бұзушылық күзетiлетiн адамдардың қауiпсiздiгiн қамтамасыз ету
жөнiндегi күзет iс-шараларын жүргiзу кезiнде жасалса – Қазақстан Республикасы
Мемлекеттік күзет қызметiнiң лауазымды адамдары;
15) сот отырысы кезiнде залда, сондай-ақ атқарушылық құжаттарды мәжбүрлеп
орындату барысында құқыққа қарсы әрекеттердi тоқтату туралы талаптар орындалмаған
кезде – сот приставтары жүргізе алады.
Ескерту. 787-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
788-бап. Әкiмшiлiк ұстап алудың тәртiбi
1. Әкiмшiлiк ұстап алу жөнiнде хаттама жасалады. Хаттамада оның жасалған
күнi, уақыты (минутына дейінгі дәлдікпен) және орны; хаттама жасаған адамның
лауазымы, тегі және аты-жөні; ұстап алынған адамның жеке басы туралы мәлiметтер;
ұстап алынған уақыты, орны және оның негiздерi көрсетiледi. Хаттамаға оны жасаған
лауазымды адам мен ұстап алынған тұлға қол қояды. Ұстап алынған адам хаттамаға қол
қоюдан бас тартқан жағдайда, бұл жөнінде хаттамада жазба жазылады. Ұстап алу туралы
хаттаманың көшiрмесi әкiмшiлiк құқық бұзушылық жасағаны үшiн ұстап алынған адамға
тапсырылады.
2. Әкiмшiлiк құқық бұзушылық жасағаны үшiн ұстап алынған адамның өтiнiшi
бойынша өзінің қайда екендігі туралы туыстары, жұмыс немесе оқу орнының әкiмшiлiгi,
сондай-ақ қорғаушысы дереу хабардар етiледi. Кәмелетке толмаған адамның ұстап
алынуы туралы оның ата-анасының немесе оларды алмастыратын адамдардың хабардар
етілуі мiндеттi.
3. Әскери қызметшіні немесе әскери жиындарға шақырылған азаматты әкімшілік
ұстап алу туралы әскери комендатура немесе ұстап алынған адам әскери жиындарды
(әскери қызметті) өткеретін әскери бөлім дереу хабардар етіледі.
4. Ұстап алынған адамға осы Кодексте көзделген оның құқықтары мен міндеттері
түсіндіріледі, бұл жөнінде әкімшілік ұстап алу туралы хаттамаға тиісті жазба
жазылады.
5. Ұстап алынған адамға оның құқықтары мен міндеттерін түсіндірмеу әкімшілік
құқық бұзушылық туралы іс бойынша іс жүргізудегі елеулі бұзушылық болып табылады
және Қазақстан Республикасының заңнамасында көзделген жауаптылыққа әкеп соғады.
6. Осы Кодексте белгіленген тәртіппен ұстап алынған адам оны ұстап алуға
негіз болған мән-жайлар жойылған кезде дереу босатылуға жатады.
7. Әкiмшiлiк ұстап алуға ұшыраған адамдар арнайы бөлiнген, санитариялық
талаптарға сай келетiн және оларды өз еркiмен тастап кету мүмкiндiгi болмайтын үй-
жайларда ұсталады.
8. Әкiмшiлiк ұстап алуға ұшыраған адамдарды ұстау жағдайларын, осындай
адамдарды тамақтандыру нормасы мен оларға медициналық қызмет көрсету тәртiбiн
атқарушы билiк органдары айқындайды.
9. Өздеріне қатысты әкімшілік ұстап алу қолданылған кәмелетке толмағандар
ересек адамдардан бөлек ұсталады.
789-бап. Әкiмшiлiк ұстап алу мерзiмдерi
1. Әкiмшiлiк ұстап алу осы Кодекстiң 785-бабында көрсетiлген мақсаттарға қол
жеткiзу үшiн қажеттi уақыт iшiнде жүзеге асырылады және үш сағаттан ұзақ болмауы
керек.
Ұстап алынған адамның бас бостандығы ұстап алған адамға қандай да бір
процестік мәртебе берілуіне немесе өзге де формальды рәсімдер орындалуына
қарамастан, шын мәнінде шектелген кезде, минутына дейінгі дәлдікпен сол сағат ұстап
алу мерзімінің басталуы болып табылады. Масаң күйдегі адамға қатысты әкімшілік
ұстап алу мерзімі – медицина қызметкерi оны айықты деп куәландырған уақыттан бастап
есептеледi.
Нақты ұстап алу уақытынан бастап үздіксіз есептелетін үш сағаттың өтуі осы
мерзімнің аяқталу кезі болып табылады.
2. Күзетілетін объектілерге заңсыз кіргені, Қазақстан Республикасының
Мемлекеттiк шекарасы режимiн, шекара режимін және кедендік режимдi немесе Қазақстан
Республикасының Мемлекеттiк шекарасы және Кеден одағының кедендiк шекарасы арқылы
өткізу пункттеріндегі режимдi бұзғаны үшін, сондай-ақ Қазақстан Республикасының
континенттiк қайраңындағы, аумақтық суларындағы (теңiзiндегi) және iшкi суларындағы
әкiмшiлiк құқық бұзушылық туралы iс жүргізу қозғалған адам – қажет болған
жағдайларда жеке басын анықтау және құқық бұзушылықтың мән-жайларын анықтау үшiн
бұл жөнінде ұстап алынған кезден бастап жиырма төрт сағат iшiнде прокурорға жазбаша
хабарланып, қырық сегiз сағатқа дейiн ұсталуы мүмкiн. Төтенше жағдай жарияланған
жерде коменданттық сағат енгiзiлуiне байланысты белгiленген тәртiптi бұзуға жол
берген адамдарды iшкi iстер органдарының (полицияның) қызметкерлерi немесе әскери
патрульдер коменданттық сағат аяқталғанға дейiн, ал өзімен бірге құжаттары жоқтарды
– олардың жеке басын анықтағанға дейiн, бiрақ қырық сегiз сағаттан аспайтын уақытқа
ұстай алады.
790-бап. Күштеп әкелу
1. Осы Кодекстiң 785-бабында көзделген жағдайларда, өзiне қатысты әкiмшiлiк
іс бойынша iс жүргiзiлiп жатқан жеке тұлғаны не заңды тұлғаның өкiлiн, әкiмшiлiк
жауаптылыққа тартылатын кәмелетке толмаған адамның заңды өкiлiн күштеп әкелу
жүргiзiледi.
2. Әкiмшiлiк құқық бұзушылықтар туралы iстер бойынша – тиiсiнше Қазақстан
Республикасының Iшкi iстер министрлiгi мен Қазақстан Республикасының Экономикалық
қылмысқа және сыбайлас жемқорлыққа қарсы күрес агенттiгi (қаржы полициясы)
белгiлеген тәртiппен қаржы полициясы органдары қарайтын әкiмшiлiк құқық бұзушылық
туралы iстi қарап жатқан судьяның, органның (лауазымды адамның) ұйғарымы негiзiнде
iшкi iстер және қаржы полициясы органдары күштеп әкелудi жүргiзедi.
791-бап. Жеке басты жете тексеруді және жеке тұлғаның
өзімен бірге алып жүрген заттарын жете тексеру
1. Жеке басты жете тексеру – құқық бұзышылықтарды анықтау және алдын алу,
әкiмшiлiк құқық бұзушылықты жасау құралы не оның нысанасы болған құжаттарды,
заттарды және басқа да нәрселерді табу және алып қою мақсатында адамның денесін
және оның киімін мәжбүрлеп зерттеп-қарау.
2. Жеке тұлғаның өзімен бірге алып жүрген заттарын жете тексеру – жеке
тұлғаның өзімен бірге алып жүрген заттарын құрылымдық тұтастығын бұзбай зерттеп-
қарау.
3. Жеке басты жете тексеруді және жеке тұлғаның өзімен бірге алып жүрген
заттарын жете тексеруді уәкілетті лауазымды адамдар ғана жүргізеді, олардың тізбесі
осы Кодекстің 787-бабында айқындалған және ол толық болып табылады. Көрсетілген
шараларды басқа адамдардың жүргізуіне тыйым салынады және заңда көзделген
жауаптылыққа әкеп соғады.
4. Жеке басты тексерiп қарауды тексерiп қаралушымен жынысы бірдей адам және
жынысы осындай екi куәгердiң қатысуымен жүргiзіледі.
5. Жеке басты жете тексеру және жеке тұлғаның өзімен бірге алып жүрген
заттарын жете тексеру әкімшілік құқық бұзушылық туралы іс бойынша іс жүргізу
кезеңінде ғана жүргізілуі мүмкін. Адамның әкімшілік құқық бұзушылық жасағаны жеке
басты жете тексеруді және жеке тұлғаның өзімен бірге алып жүрген заттарын жете
тексеруді жүргізуге негіз болып табылады.
6. Жеке тұлғаның өзімен бірге алып жүрген заттарын (қол жүгiн, багажын, аң
және балық аулау құралдарын, олжалаған өнiмi мен өзге де нәрселерін) тексерiп-қарау
осы заттардың меншік иесі немесе иелігіндегі тұлғаның қатысуымен және екі куәгердің
қатысуымен жүргiзіледi.
7. Жеке тұлғаның қолында айналасындағылардың өмiрi мен денсаулығына зиян
келтiру үшiн пайдаланылуы мүмкiн қару немесе өзге де нәрселер бар деуге негiздер
болған ерекше жағдайларда, жеке басты жете тексеру, заттарын жете тексеру жиырма
төрт сағат iшiнде прокурорға бұл жөнінде хабарланып, куәгерлерсіз жүргiзiлуi
мүмкiн.
8. Жеке басты жете тексеруді және жеке тұлғаның өзімен бірге алып жүрген
заттарын жете тексеруді (жетуге қиын жерде, тәуліктің түнгі уақытында, төтенше
жағдайда немесе соғыс жағдайында) жүргізуге куәгерлердің қатысуы шын мәнінде мүмкін
болмаған кезде, оның барысын және нәтижелерін тіркеудің техникалық құралдары
міндетті түрде қолданыла отырып, куәгерлердің қатысуынсыз жүргізілуі мүмкін.
9. Қажет болған жағдайларда фото- және кинотүсiрілім, бейнежазба жүргiзiледi,
заттай дәлелдемелердi тіркеудің белгiленген өзге де тәсілдері қолданылады.
10. Жеке басты жете тексеру, жеке тұлғаның өзімен бірге алып жүрген заттарын
жете тексеру туралы хаттама жасалады. Жеке басты жете тексеру туралы хаттаманың
көшiрмесi өзiне қатысты іс бойынша iс жүргiзiлiп жатқан адамға, оның заңды өкiлiне
тапсырылады. Хаттамада оның жасалған күнi, уақыты мен орны, хаттаманы жасаған
адамның лауазымы, тегі мен аты-жөнi, жеке басы тексерiп қаралған адам, заттардың
түрi, саны, өзге де сәйкестендіру белгiлерi туралы, оның iшiнде қарудың тұрпаты,
маркасы, моделі, калибрi, сериясы, нөмiрi, белгiлерi, оқ-дәрiлердің, арнаулы жедел-
iздестiру іс-шараларын жүргiзуге арналған арнайы техникалық құралдардың және
ақпаратты қорғаудың криптографиялық құралдарының саны және түрi туралы мәлiметтер
көрсетiледi.
11. Жете тексеру хаттамасында фото- және кинотүсiрiлiмiнiң, бейнежазбаның,
құжаттарды тіркеудің өзге де тәсілдерінің қолданылғаны туралы жазба жазылады. Фото-
және кинотүсiрiлiмдерiн, бейнежазбаларды, заттай дәлелдемелердi тіркеудің
белгiленген өзге де құралдарын қолдана отырып, қарап-тексеру жүргiзу кезiнде
алынған материалдар тиiстi хаттамаға қоса беріледi.
12. Жеке басты жете тексеру, заттарды жете тексеру хаттамасына оны жасаған
лауазымды адам, жеке басы жете тексерілген адам, жете тексерілген заттар иесi,
куәгерлер қол қояды. Жеке басы жете тексерілген адам, жете тексерілген заттардың
иесi хаттамаға қол қоюдан бас тартқан жағдайда, хаттамаға тиiстi жазба жасалады.
792-бап. Көлiк құралдарын, шағын көлемдi кемелердi жете
тексеру
1. Көлік құралын, шағын көлемді кемені жете тексеру, яғни көлік құралын,
шағын көлемді кемені олардың құрылымдық тұтастығын бұзбай жүргізілетін зерттеп-
қарау құқық бұзушылық жасау құралдарын не әкімшілік құқық бұзушылық заттарын табу
және алып қою мақсатында жүзеге асырылады.
2. Көлiк құралдарын, шағын көлемдi кемелердi тексерiп қарауды екi куәгердiң
қатысуымен осы Кодекстiң 787-бабында санамаланған, осыған уәкiлеттік берiлген
лауазымды адамдар жүргiзедi.
Ерекше жағдайларда (жетуі қиын жерде тиісті қатынас құралдары болмаған кезде
немесе басқа да объективті себептерге байланысты жеке тұлғаларды куәгерлер ретінде
тартуға мүмкіндік болмаған кезде) көлік құралдарын, шағын көлемді кемелерді жете
тексеру, яғни құрылымдық тұтастығын бұзбай жүзеге асырылатын зерттеп-қарау
куәгерлердің қатысуынсыз, бірақ бұл ретте оның барысы мен нәтижелерін тіркеудің
техникалық құралдары қолданыла отырып жүргізілуі мүмкін.
3. Мыналар:
1) көлiк құралында, шағын көлемдi кемеде әкімшілік құқық бұзушылық жасау
құралдары не нәрселер бар деп есептеуге жеткілікті негіздердің болуы;
2) алкогольден, есірткіден, уытқұмарлықтан масаң күйдегі жүргізушінің көлік
құралын басқаруы, егер жүргізуші уәкілетті лауазымды адамдардың заңды талаптарына
бағынбаса;
3) уәкілетті лауазымды адамдардың іздеудегі көлiк құралдарын, шағын көлемдi
кемелерді ұстап алу жөніндегі іс-шараларды жүргізуі;
4) егер көлік құралымен, шағын көлемді кемемен тасымалданатын жүк ұсынылған
құжаттарға сәйкес келмейді деп есептеуге жеткілікті негіздер болса;
5) көлiк құралының, шағын көлемдi кеменің тораптар мен агрегаттарын ұсынылған
құжаттарға сәйкес деректермен салыстыруды жүргізу қажеттігінің болуы;
6) көлiк құралының, шағын көлемдi кеменің пайдалануға тыйым салынған ақауы
болуының анықталуы;
7) көлік құралын ұстап алу, оны пайдалануға тыйым салу көлiк құралдарын,
шағын көлемдi кемелерді жете тексеру жүргізу үшін негіздер болып табылады.
4. Көлiк құралдарын, шағын көлемдi кемелердi жете тексеруді оларды иеленушi
тұлғалардың не оның өкiлiнiң немесе көлiк құралын, шағын көлемдi кеменi заңды
негiзде басқаратын тұлғаның қатысуымен жүргiзiледi. Кейiнге қалдыруға болмайтын
жағдайларда, оларға аталған тұлғалардың қатысуынсыз жете тексеру жүргізілуі мүмкiн.
5. Көлiк құралдары мен шағын көлемдi кемелердi жете тексеру кезiнде
анықталған заттарды тіркеу мақсатында қажет болған жағдайларда фото-,
кинотүсiрiлiмі, бейнежазба жүргізіледі.
6. Көлiк құралдарын, шағын көлемдi кемелердi жете тексеру туралы хаттама
жасалады. Бұл хаттаманың көшiрмесi жете тексеру жүргізілген көлiк құралдарын, шағын
көлемдi кемелердi иеленушi тұлғаға не оның өкiлiне немесе көлiк құралын, шағын
көлемдi кеменi заңды негiзде басқаратын тұлғаға тапсырылады.
7. Көлiк құралдарын, шағын көлемдi кемелердi жете тексеру хаттамасында оның
жасалған күнi мен орны, хаттама жасаған адамның лауазымы, тегі мен аты-жөнi, жете
тексеру жүргізілген көлiк құралын, шағын көлемдi кеменi иеленушiнің жеке басы
туралы мәлiметтер, көлiк құралының, шағын көлемдi кеменiң тұрпаты, маркасы, моделі,
мемлекеттiк тiркеу нөмiрi, өзге де сәйкестендіру белгiлерi туралы мәлiметтер
көрсетiледi.
8. Жете тексеру хаттамасында фото- және кинотүсiрiлiмдерi, бейнежазбалар,
құжаттарды тіркеудің белгiленген өзге де тәсілдері қолданылғаны туралы жазба
жазылады. Фото- және кинотүсiрiлiмдерiн, бейнежазбаларды, заттай дәлелдемелердi
тіркеудің белгiленген өзге де құралдарын қолдана отырып, жете тексеру жүргiзу
кезiнде алынған материалдар тиiстi хаттамаға қоса тiркеледi.
9. Көлiк құралдарын, шағын көлемдi кемелердi жете тексеру хаттамасына оны
жасаған лауазымды адам, өзiне қатысты iс бойынша іс жүргiзiлiп жатқан адам, жете
тексеру жүргiзiлген көлiк құралының, шағын көлемдi кеменiң иесi не оның өкiлi қол
қояды. Өзiне қатысты іс бойынша iс жүргiзiлiп жатқан адам, жете тексеру жүргiзiлген
көлiк құралының, шағын көлемдi кеменiң иесi, оның өкiлi хаттамаға қол қоюдан бас
тартқан жағдайда, хаттамаға тиiстi жазба жасалады.
793-бап. Қарап-тексеру
1. Қарап-тексеру, яғни көлік құралын, сол жердi, нәрселерді, құжаттарды, тiрi
адамдарды көріп зерттеу әкiмшiлiк құқық бұзушылықтың iздерiн, өзге материалдық
объектiлердi, сондай-ақ әкiмшiлiк құқық бұзушылық туралы хаттаманы жасау үшiн
маңызы бар мән-жайларды анықтау мақсатында жүргізіледі.
2. Қарап-тексеру әкімшілік құқық бұзушылық туралы іс қозғалғанға дейін
жүргізілуі мүмкін.
794-бап. Қарап-тексеруді жүргiзудiң жалпы қағидалары
1. Қарап-тексеру, әдетте, қажеттiлiк туындаған жағдайда кідіртілмей
жүргiзiледi. Қажет болған кезде, сондай-ақ қарап-тексеруге қатысушылардың талабы
бойынша хаттама жасалады. Хаттамада оның жасалған күнi мен орны, хаттаманы жасаған
адамның лауазымы, тегi мен аты-жөні, қарап-тексерiлген адам, заттардың түрi, саны,
өзге де сәйкестендіру белгiлерi туралы, оның iшiнде қарудың тұрпаты, маркасы,
моделі, калибрi, сериясы, нөмiрi, белгiлерi, оқ-дәрiлердiң, арнайы жедел-iздестiру
iс-шараларын жүргiзуге арналған арнаулы техникалық құралдардың және ақпаратты
қорғаудың криптографиялық құралдарының саны мен түрi туралы мәлiметтер көрсетiледi.
Қарап-тексеру хаттамасына оны жасаған лауазымды адам, қарап-тексерілген
адам, қарап-тексерілген заттардың иесі, куәлар қол қояды. Қарап-тексерілген адам,
қарап-тексерілген заттардың иесі хаттамаға қол қоюдан бас тартқан жағдайда, оған
тиісті жазба жасалады.
2. Тiрi адамдарды қарап-тексерудi осы Кодекстiң 787-бабында санамаланған
лауазымды адамдар жүргiзедi. Тiрi адамдарды қарап-тексерудi тексерiп қаралушымен
жынысы бiрдей адам және жынысы осындай екi куәгердiң қатысуымен жүргiзедi.
Тiрi адамның өзімен бірге алып жүрген заттарын қарап-тексеруді, яғни олардың
құрылымдық тұтастығын бұзбай жүзеге асырылатын зерттеп-қарауды осы Кодекстің 787-
бабында санамаланған, оған уәкілеттік берілген лауазымды адамдар осы заттарды
меншіктенуші немесе иеленуші тұлғаның қатысуымен және екі куәгердің қатысуымен
жүргізеді.
Тiрi адамның қолында айналасындағылардың өмiрi мен денсаулығына зиян келтiру
үшiн пайдаланылуы мүмкiн қару немесе өзге де заттар бар деуге негiздер болған
ерекше жағдайларда қарап-тексеру жиырма төрт сағат iшiнде прокурорға бұл жөнінде
хабарланып, куәгерлерсiз жүргiзiлуi мүмкiн.
3. Осы баптың екінші бөлiгiнде көрсетiлгендердi қоспағанда, орындарды,
нәрселерді, құжаттарды қарап-тексеру куәгерлердiң қатысуымен жүргiзiледi. Ерекше
жағдайларда (жетуі қиын жерде, тиiстi қатынас құралдары болмаған кезде немесе басқа
объективтi себептерге байланысты жеке тұлғаларды куәгерлер ретiнде тартуға
мүмкiндiк болмаған кезде) қарап-тексеру куәгерлердiң қатысуынсыз, бiрақ бұл ретте
оның барысы мен нәтижелерiн тіркеудің техникалық құралдары қолданыла отырып
жүргiзiледi.
4. Қажет болған кезде қарап-тексеру құқық бұзушының, жәбiрленушiнiң,
куәлардың, сондай-ақ маманның қатысуымен жүргiзiледi.
5. Табылған iздер мен өзге де материалдық объектiлердi қарап-тексеру
әкiмшiлiк құқық бұзушылық жасалған жерде жүзеге асырылады. Егер қарап-тексеру үшiн
қосымша уақыт талап етілсе немесе табылған жерде қарап-тексеруге елеулi қиындықтар
туындайтын болса, объектiлер алып қойылуы және оралған, мөр басылған күйiнде, зақым
келтiрiлмей, қарап-тексеруге қолайлы жерге жеткiзiлуi мүмкiн.
6. Қарап-тексеру кезiнде барлық табылған және алып қойылған заттар
куәгерлерге, қарап-тексерудің басқа да қатысушыларына көрсетiлуге тиiс, бұл жөнiнде
хаттамаға белгi қойылады.
7. Iске қатысы болуы мүмкін объектiлер ғана алып қойылуға тиiс. Алып қойылған
объектiлер оралып, мөр басылады және уәкiлеттi лауазымды адам мен куәгерлердiң қол
қоюымен расталады.
8. Қарап-тексеруге қатысатын тұлғалар өздерінің пiкiрiнше iстiң мән-жайларын
анықтауға септiгiн тигiзуi мүмкiн дегеннiң бәрiне уәкiлеттi лауазымды адамның
назарын аударуға құқылы.
9. Қажет болған жағдайларда қарап-тексеру кезiнде қарап-тексерiлетiн
объектiлер өлшенедi, олардың жоспарлары мен схемалары жасалады, сондай-ақ суретке
түсiрiледi және өзге де құралдармен түсiрiлiп алынады, бұл жөнінде хаттамаға белгi
жасалып, оған көрсетілген материалдар қоса тiркеледi.
10. Қарап-тексеру хаттамасының көшiрмесi өзiне қатысты іс бойынша iс
жүргiзiлiп жатқан тұлғаға не оның заңды өкiлiне тапсырылады.
795-бап. Жеке тұлғаның өзімен бірге алып жүрген заттары
мен құжаттарын алып қою
1. Құқық бұзушылық жасалған жерде не осы Кодекстiң 785-бабында көзделген
әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзудi қамтамасыз ету шараларын
қолдану кезiнде табылған, құқық бұзушылықтар құралы не нысанасы болып табылатын
құжаттар мен заттарды алып қоюды іс бойынша iс жүргiзудi қамтамасыз етудiң тиiстi
шараларын қолдануға уәкiлеттiк берілген лауазымды адамдар екi куәгердiң қатысуымен
жүзеге асырады.
Ерекше жағдайларда (жетуі қиын жерде тиiстi қатынас құралдары болмаған кезде
немесе басқа да объективтi себептерге байланысты жеке тұлғаларды куәгерлер ретiнде
тартуға мүмкiндiк болмаған кезде) құқық бұзушылық жасалған жерде не осы
Кодекстiң 785-бабында көзделген әкiмшiлiк құқық бұзушылық туралы iс бойынша iс
жүргiзудi қамтамасыз ету шараларын қолдану кезiнде табылған құқық бұзушылықтар
құралы болып табылатын құжаттар мен заттарды алып қою куәгерлердiң қатысуынсыз,
бiрақ бұл ретте оның барысы мен нәтижелерiн тіркеудің техникалық құралдары
қолданыла отырып жүзеге асырылуы мүмкiн.
2. Заттар мен құжаттарды алып қою туралы хаттама жасалады, оның көшiрмесi
өзiне қатысты іс бойынша iс жүргiзiлiп жатқан тұлғаға немесе оның заңды өкiлiне
тапсырылады не әкiмшiлiк құқық бұзушылық туралы хаттамаға тиiстi жазба жасалады.
3. Құжаттар мен заттарды алып қою туралы хаттамада (әкiмшiлiк құқық бұзушылық
туралы хаттамада) алып қойылған құжаттардың түрi мен деректемелері, алып қойылған
заттардың түрi, саны, өзге де сәйкестендіру белгiлерi туралы, оның iшiнде алып
қойылған қарудың тұрпаты, маркасы, моделі, калибрi, сериясы, нөмiрi, өзге де
сәйкестендіру белгiлерi, оқ-дәрiлердiң, арнаулы жедел iздестiру шараларын өткiзуге
арналған арнайы техникалық құралдардың және ақпаратты қорғаудың криптографиялық
құралдарының саны мен түрi туралы мәлiметтер қамтылады.
4. Хаттамаға оны жасаған лауазымды адам, тиiстi құжаттары мен заттары алып
қойылған адам, куәгерлер қол қояды. Өзiнен тиiстi құжаттары мен заттары алып
қойылған адам хаттамаға қол қоюдан бас тартқан жағдайда, оған тиiстi жазба
жасалады.
5. Алып қойылған заттар мен құжаттар әкiмшiлiк құқық бұзушылық туралы iс
қаралғанға дейiн алып қоюды жүргiзген лауазымды адам айқындайтын орындарда тиiстi
уәкiлеттi мемлекеттiк орган айқындайтын тәртiппен сақталады.
6. Алып қойылған атыс қаруы мен өзге де қару, сондай-ақ оқ-дәрiлер, арнаулы
жедел-iздестiру шараларын жүргізуге арналған арнайы техникалық құралдар және
ақпаратты қорғаудың криптографиялық құралдары Қазақстан Республикасының Iшкi iстер
министрлiгi айқындайтын тәртiппен сақталады.
7. Iс қаралғаннан кейiн шығарылған қаулыға сәйкес алып қойылған құжаттар мен
заттар олардың иесiне қайтарылады немесе тәркiленедi немесе өткізіледі немесе
сақталады немесе белгiленген тәртiппен жойылады. Жол жүрiсi саласындағы әкiмшiлiк
құқық бұзушылықтар туралы iстер бойынша алып қойылған құжаттар iс бойынша
қабылданған қаулы орындалғанға дейiн сақталады.
8. Егер адам жасаған әкімшілік құқық бұзушылық үшін осы Кодексте көлік
құралын басқару құқығынан айыру түрінде санкция көзделген жағдайда ғана көлік
құралын басқару құқығына жүргізуші куәлігі алып қоюға жатады. Басқа жағдайларда
әкімшілік құқық бұзушылық туралы хаттама толтырылғаннан кейін көлік құралын басқару
құқығына жүргізуші куәлігі тез арада иесіне қайтарылады.
9. Жол жүрiсi қағидаларын бiлуiн тексеруге жiберу туралы қаулы бойынша алып
қойылған жүргiзушi куәлiгi немесе жүргiзушi куәлiгiнiң орнына берiлген көлiк
құралын басқару құқығына куәлiк, иесi жол жүрiсi қағидаларын бiлуiн тексеруге
арналған емтиханды тапсырған жағдайда жүргiзушiге қайтарылады.
Жүргiзушi емтиханға жiберу туралы қаулыны алған күннен бастап екi ай iшiнде
жол жүрiсi қағидаларын бiлуiн тексеруге арналған емтиханды тапсырмаған кезде, қаулы
шығарған лауазымды адам Қазақстан Республикасының жол жүрiсi қауiпсiздiгi
саласындағы заңнамасында көзделген шараларды қолданады.
Алып қойылған жүргiзушi куәлiгiнiң орнына жүргiзушiге уәкiлеттi орган
белгiлеген нысан бойынша уақытша куәлiк берiледi.
10. Көлік құралдарының мемлекеттік нөмірлері екі куәгердің және (немесе)
көлік құралы меншік иесінің қатысуымен ғана алып қоюға жатады, бұл ретте
мемлекеттік нөмірлерді алып қоюды жүргізетін уәкілетті лауазымды адам көлік
құралының иесіне алып қоюды жүргізудің негізін түсіндіруге міндетті. Салынған
айыппұлды өндіріп алу мақсатында көлік құралдарының мемлекеттік нөмірлерін алып
қоюды жүргізуге тыйым салынады.
11. Алып қойылған орден, медаль, Қазақстан Республикасының, Қазақ КСР-iнiң,
КСРО-ның және басқа да мемлекеттердiң құрметтi атағының төсбелгiсi олардың заңды
иесiне қайтарылады, ал егер ол белгiсiз болса, Қазақстан Республикасы Президентiнiң
Әкiмшiлiгiне жiберiледi.
12. Жеке тұлғаның өзімен бірге алып жүрген заттары мен құжаттарын алып қою
осы Кодекстің 785-бабының бірінші бөлігінде көзделген мақсаттарға қол жеткізу үшін
ерекше жағдайларда ғана жүргізіледі. Осы шараны осы Кодексте көзделмеген мақсаттар
үшін қолдану заңда көзделген жауаптылыққа әкеп соғады.
796-бап. Көлiк құралын, кемені, оның ішінде шағын көлемді
кемені басқарудан шеттету және масаң күйiн
куәландыру
1. Көлiк құралын, кемені, оның ішінде шағын көлемді кемені басқаратын
жүргiзушi, кеме жүргiзушi масаң күйде деп пайымдауға жеткiлiктi негiздер болса,
олар көлiк құралын, кемені, оның ішінде шағын көлемдi кеменi басқарудан шеттетiлуге
және масаң күйiн куәландыруға жатады.
2. Көлiк құралын, кемені, оның ішінде шағын көлемді кемені басқарудан
шеттетудi, масаң күйiн куәландыруды және медициналық куәландыруға жiберудi:
Қазақстан Республикасы ұлттық қауіпсіздік органдарының, Қазақстан
Республикасы Қарулы Күштерiнiң, басқа да әскерлері мен әскери құралымдарының және
көлiктік бақылау органдарының көлiк құралын басқаратын адам құқық бұзушылықтар
жасаған жағдайда – тиiсiнше ішкі істер органдарының, әскери полицияның
қызметкерлері жүргiзедi.
3. Масаң күйiн куәландыруға жiберу, масаң күйiн куәландыру және оның
нәтижелерiн ресiмдеу Қазақстан Республикасының Үкiметi белгiлеген тәртiппен
жүргiзiледi. Жүргiзушi, кеме жүргiзушi куәландыру нәтижелерiмен келiспеген
жағдайда, олар медициналық куәландыруға медициналық мекемеге жiберiледi.
4. Масаң күйiн куәландыру үшiн көлiк құралын, кемені, оның ішінде шағын
көлемді кемені басқарудан шеттету туралы әкiмшiлiк құқық бұзушылық туралы хаттамаға
белгi жасалады.
5. Әкiмшiлiк құқық бұзушылық туралы хаттамада куәландырудан өткiзу үшiн көлiк
құралын, кемені, оның ішінде шағын көлемді кемені басқарудан шеттетiлген күн,
уақыт, орын, негiздер көрсетiледi. Хаттаманың көшiрмесi өзiне қатысты іс бойынша iс
жүргiзiлiп жатқан адамға не оның заңды өкiлiне тапсырылады.
6. Масаң күйiн куәландыру актiсi тиiстi хаттамаға қоса беріледi.
Ескерту. 796-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
797-бап. Көлiк құралын, кемені, оның ішінде шағын көлемді
кемені ұстап алу, жеткiзу және пайдалануға тыйым
салу
1. Мынадай:
1) осы
Кодекстiң 367, 368, 370, 372, 381, 382, 383, 392, 393, 394, 395, 396, 506, 510, 511
, 512, 513, 514, 515, 516, 517, 571, 572, 573, 574, 575, 581, 582, 586, 589, 590
(екiншi, үшiншi және төртінші бөлiктерiнде), 593 (екiншi, үшiншi, төртінші,
бесінші, алтыншы және жетінші бөлiктерiнде), 597 (үшiншi, төртiншi
бөлiктерiнде), 612 (бiрiншi, екiншi, төртiншi, бесiншi бөлiктерiнде), 613 (екiншi
бөлiгiнде), 654
(590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 606, 607, 60
9, 610, 611, 612, 613-баптарда көзделген құқық бұзушылықтар бөлiгiнде)-баптарында
көрсетілген бұзушылықтар жасалған кезде осы баптың екiншi бөлiгiнде аталған
уәкiлеттi лауазымды адам көлiк құралдарын, кемелерді, оның iшiнде шағын көлемдi
кемелердi уақытша сақтау үшiн оларды арнаулы алаңдарға, тұрақтарға немесе
стационарлық көлiктiк бақылау бекетiне iргелес жатқан алаңдарға, оның iшiнде басқа
да көлiк құралын (эвакуаторды), кеменi немесе шағын көлемдi кеменi пайдалана отырып
жеткiзу арқылы ұстап алу себептерi жойылғанға дейiн ұстап алуға, жеткiзуге және
пайдалануға тыйым салуға құқылы;
2) осы Кодекстiң 573, 575, 593 (екiншi, үшінші, төртiншi және бесiншi
бөлiктерiнде)-баптарында көрсетiлген бұзушылықтар жасалған кезде осы баптың екiншi
бөлiгiнде аталған уәкiлеттi лауазымды адам шетелдiктерге немесе шетелдiк заңды
тұлғаларға тиесiлi көлiк құралдарын уақытша сақтау үшiн оларды арнайы алаңдарға,
тұрақтарға немесе стационарлық көлiктiк бақылау бекетiне iргелес жатқан алаңдарға,
оның iшiнде басқа көлiк құралын (эвакуаторды) пайдалана отырып жеткiзу арқылы
әкiмшiлiк жаза қолдану туралы қаулы орындалғанға дейiн ұстап алуға, жеткiзуге және
пайдалануға тыйым салуға;
3) осы Кодекстiң 590 (бiрiншi, бесінші, алтыншы, жетінші, сегізінші,
тоғызыншы және оныншы бөлiктерiнде), 597 (бiрiншi және екiншi
бөлiктерiнде), 610, 611-баптарында көрсетілген бұзушылықтар жасалған кезде осы
баптың екiншi бөлiгiнде аталған уәкiлеттi лауазымды адам көлiк құралын пайдалануға
тыйым салу себептерi жойылғанға дейiн мемлекеттiк тiркеу нөмiрi белгiлерiн алып қою
арқылы көлiк құралдарын пайдалануға тыйым салуға құқылы.
Көлiк құралын уақытша сақтау үшiн арнаулы алаңдарға, тұрақтарға немесе
стационарлық көлiктiк бақылау бекетiне iргелес жатқан алаңдарға оны жеткiзу
(эвакуациялау) көлiк құралы жүргiзушiсі тоқтау немесе тоқтап тұру қағидаларын
бұзған және өздерi сол жерде болмаған жағдайларда, сондай-ақ жүргiзушiлердiң қайда
екенiн анықтау мүмкiн болмаса, олар жолда қараусыз қалдырған көлiк құралдарына
қатысты да қолданылуы мүмкiн.
2. Көлiк құралын, кемені, оның ішінде шағын көлемді кемені ұстап алуды,
жеткiзудi және пайдалануға тыйым салуды Қазақстан Республикасы ұлттық қауіпсіздік
органдарының, Қазақстан Республикасы Қарулы Күштерiнiң, басқа әскерлері мен әскери
құралымдарының, өз өкiлеттiктерi шегiнде көлiктік бақылау органдарының, орман және
аңшылық шаруашылығы, ерекше қорғалатын табиғи аумақтар, балық қорғау органдарының
(орман, балық, аңшылық шаруашылығы, ерекше қорғалатын табиғи аумақтар саласындағы
заңнаманы бұзған кезде) көлiк құралын басқаратын адам әкiмшiлiк құқық бұзушылық
жасаған кезде ішкі істер органдарының, Қазақстан Республикасының Мемлекеттік
шекарасын күзету және қорғау кезінде Ұлттық қауіпсіздік комитеті Шекара қызметінің,
әскери полицияның қызметкерлері жүргiзедi.
3. Көлiк құралын, кемені, оның ішінде шағын көлемді кемені ұстап алу, жеткiзу
және пайдалануға тыйым салу туралы белгiленген нысандағы акт жасалады және
әкiмшiлiк құқық бұзушылық туралы хаттамаға қоса тiркеледi.
Пайдалануға тыйым салынатын ақауы бар немесе тиiстi рұқсатсыз қайта
жабдықталған, немесе белгiленген тәртiппен тiркелмеген, немесе мемлекеттiк немесе
мiндеттi техникалық қарап-тексеруден өтпеген, сол сияқты мемлекеттiк тiркеу нөмiрi
белгiлерi жоқ не жасырын, қолдан жасалған немесе ұлттық стандартқа сай емес нөмiр
белгiлерi бар көлiк құралын, шағын көлемдi кеменi пайдалануға тыйым салынады.
4. Ұстап алынған көлiк құралын, кемені, оның ішінде шағын көлемді кемені
сақтау жергiлiктi атқарушы органдардың шешiмi бойынша құрылатын және коммуналдық
меншiк болып табылатын арнаулы алаңдарда немесе тұрақтарда жүзеге асырылады.
Ескерту. 797-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
798-бап. Заңды тұлғаға тиесiлi аумақтарды, үй-жайларды,
тауарларды, өзге де мүлiктi, сондай-ақ тиiстi
құжаттарды қарап-тексеру
1. Заңды тұлғаға тиесiлi аумақтарды, үй-жайларды, тауарларды, өзге де
мүлiктi, сондай-ақ тиiстi құжаттарды қарап-тексерудi осы Кодекстiң 804-бабына
сәйкес заңды тұлғалардың әкiмшiлiк құқық бұзушылықтары туралы хаттамалар жасауға
уәкiлеттiк берілген лауазымды адамдар жүргiзедi.
2. Қарап-тексеру заңды тұлға өкiлiнiң және екi куәгердiң қатысуымен
жүргiзiледi.
3. Қарап-тексеруді жүргiзу туралы хаттама жасалады. Хаттаманың көшiрмесi
өзiне қатысты іс бойынша iс жүргiзiлiп жатқан заңды тұлғаның өкiлiне тапсырылады.
4. Заңды тұлғаға тиесiлi аумақтарды, үй-жайларды, тауарларды, өзге де
мүлiктi, сондай-ақ тиiстi құжаттарды қарап-тексеру хаттамасында оның жасалған күнi
мен орны, хаттама жасаған адамның лауазымы, тегі мен аты-жөні, тиiстi заңды тұлға
туралы, сондай-ақ оның заңды өкiлiнің не өзге де қызметкерiнің жеке басы туралы
мәлiметтер, қарап-тексерiлген аумақтар мен үй-жайлар, тауарлар мен басқа да
заттардың түрлерi, саны, өзге де сәйкестендіру белгiлерi, құжаттардың түрлерi мен
деректемелері туралы мәлiметтер көрсетiледi.
5. Қарап-тексеру хаттамасында оны жүргiзу барысында фото- және
кинотүсiрiлiмдерi, бейнежазбалар, құжаттарды тіркеудің белгiленген өзге де
тәсілдері қолданылғаны туралы жазба жасалады. Фото-, кинотүсiрiлiмдерiнiң,
бейнежазбалардың, заттай дәлелдемелердi тіркеудiң белгiленген өзге де құралдары
нәтижесiнде алынған материалдар тиiстi хаттамаға қоса беріледi.
6. Заңды тұлғаға тиесiлi аумақтарды, үй-жайларды, тауарларды, өзге де
мүлiктi, сондай-ақ тиiстi құжаттарды қарап-тексеру хаттамасына оны жасаған
лауазымды адам, оның өкiлi не кейiнге қалдыруға болмайтын жағдайларда заңды
тұлғаның қызметкерi, сондай-ақ куәгерлер қол қояды. Аталған заңды тұлғаның өкiлi
немесе өзге де қызметкерi хаттамаға қол қоюдан бас тартқан жағдайда, онда тиiстi
жазба жасалады.
799-бап. Заңды тұлғаға тиесiлi құжаттар мен мүлiктi алып
қою
Әкiмшiлiк құқық бұзушылық жасау құралы не нысанасы болған, заңды тұлғаға
тиесiлi, әкiмшiлiк құқық бұзушылық жасалған жерде не заңды тұлғаға тиесiлi
аумақтарды, үй-жайларды, көлiк құралдарын, тауарларды, өзге де мүлiкті қарап-
тексеруді жүргiзу кезiнде табылған құжаттарды, тауарларды, өзге де мүлiктi,
нәрселерді алып қоюды осы Кодекстiң 804-бабында аталған лауазымды адамдар, сондай-
ақ осы Кодекстiң 235, 236, 237, 416-баптары бойынша әкiмшiлiк құқық бұзушылықтар
туралы хаттама жасауға құқығы бар уәкiлеттi лауазымды адамдар жүзеге асырады. Заңды
тұлғаға тиесiлi құжаттарды, тауарларды, өзге де мүлiктi алып қоюды ресiмдеу,
сондай-ақ оларды сақтау осы Кодекстiң 795-бабында белгiленген тәртiппен жүзеге
асырылады.
800-бап. Заңды тұлғаға тиесiлi тауарларға, көлiк
құралдарына және өзге де мүлiкке тыйым салу
1. Заңды тұлғаға тиесiлi, әкiмшiлiк құқық бұзушылық жасау құралдары не
нысанасы болған тауарларға, көлiк құралдарына және өзге де мүлiкке тыйым салу өзiне
қатысты әкiмшiлiк құқық бұзушылық туралы іс бойынша, iс жүргiзудi қамтамасыз етудiң
осы шарасы қолданылған заңды тұлғаның өкiлiне оларға билiк етуге (ал қажет болған
жағдайларда пайдалануға да) тыйым салу туралы хабарлана отырып, көрсетілген
тауарлардың, көлiк құралдарының және өзге де мүлiктiң тiзiмдемесiн білдіреді және
егер осы тауарларды, көлiк құралдарын және өзге де мүлiктi алып қою мүмкiн
болмайтын және (немесе) олардың сақталуын алып қоюсыз қамтамасыз ету мүмкiн болатын
жағдайда қолданылады. Тыйым салынған тауарлар, көлiк құралдары және өзге де мүлiк
тыйым салған лауазымды адам тағайындаған басқа тұлғаларға жауапкершiлiкпен сақтауға
берiлуi мүмкiн.
2. Заңды тұлғаға тиесiлi тауарларға, көлiк құралдарына және өзге де мүлiкке
тыйым салуды тауар, көлiк құралы және өзге де мүлiк иесi мен екi куәгердiң
қатысуымен осы Кодекстiң 787-бабында, 804-бабының бiрiншi бөлiгiнде аталған, осыған
уәкiлеттiк берiлген лауазымды адамдар жүзеге асырады.
Кейiнге қалдыруға болмайтын жағдайларда, тауарларға, көлiк құралдарына және
өзге де мүлiкке тыйым салу олардың иесiнiң қатысуынсыз жүзеге асырылуы мүмкiн.
3. Қажет болған жағдайларда фото- және кинотүсiрілім, бейнежазба қолданылады.
4. Заңды тұлғаға тиесiлi тауарларға, көлiк құралдарына және өзге де мүлiкке
тыйым салу туралы хаттама жасалады. Заңды тұлғаға тиесiлi тауарларға, көлiк
құралдарына және өзге де мүлiкке тыйым салу туралы хаттамада оның жасалған күнi мен
орны, хаттама жасаған адамның лауазымы, тегі мен аты-жөнi, өзiне қатысты әкiмшiлiк
құқық бұзушылық туралы іс бойынша iс жүргiзудi қамтамасыз етудiң осы шарасы
қолданылған заңды тұлға туралы және иелiгiнде тыйым салынған тауарлар, көлiк
құралдары және өзге де мүлкi бар тұлға туралы мәлiметтер, олардың тiзiмдемесi және
сәйкестендiру белгiлерi көрсетiледi, сондай-ақ фото- және кинотүсiрілімдері,
бейнежазбалар қолдану туралы жазба жасалады. Фото- және кинотүсiрілімдер,
бейнежазбалар қолданылып, тыйым салуды жүзеге асыру кезiнде алынған материалдар
хаттамаға қоса беріледi.
5. Қажет болған жағдайларда тыйым салынған тауарлар, көлiк құралдары және
өзге де мүлiк оралады және (немесе) оларға мөр басылады.
6. Заңды тұлғаға тиесiлi тауарларға, көлiк құралдарына және өзге де мүлiкке
тыйым салу туралы хаттаманың көшiрмесi өзiне қатысты әкiмшiлiк құқық бұзушылық
туралы іс бойынша iс жүргiзудi қамтамасыз етудiң осы шарасы қолданылған заңды
тұлғаның өкiлiне тапсырылады.
7. Заңды тұлғаға тиесiлi, тыйым салынған тауарларды, көлiк құралдарын және
өзге де мүлiктi өзiне қатысты әкiмшiлiк құқық бұзушылық туралы іс бойынша iс
жүргiзудi қамтамасыз етудiң осы шарасы қолданылған заңды тұлғаның не тыйым салынған
мүлiктi сақтауды жүзеге асыратын тұлғаның иелiктен шығаруы немесе жасыруы Қазақстан
Республикасының заңдарында белгiленген жауаптылыққа әкеп соғады.
801-бап. Қызметті немесе оның жекелеген түрлерін тоқтата
тұру не оған тыйым салу
1. Қызметті немесе оның жекелеген түрлерiн тоқтата тұруды не оларға тыйым
салуды әкiмшiлiк құқық бұзушылықты жасағаны үшін қызметті немесе оның жекелеген
түрлерiн тоқтата тұру не оған тыйым салу түріндегі әкімшілік жаза қолданылуы
мүмкін, ол туралы хаттама жасауға осы Кодекстің 804-бабына сәйкес уәкiлеттiк
берілген лауазымды адам жүзеге асырады. Қызметтi немесе оның жекелеген түрлерiн
тоқтата тұруға не оларға тыйым салуға үш тәуліктен аспайтын мерзімге жол беріледі.
Көрсетілген мерзімде орган (лауазымды адам) сотқа әкімшілік құқық бұзушылық туралы
материалдарды жіберуге міндетті.
2. Қызметті немесе оның жекелеген түрлерін тоқтата тұру не оларға тыйым салу
туралы акт жасалады, онда осы шараны қолданудың негізі, оның жасалған күні мен
орны, акт жасаған лауазымды адамның лауазымы, тегі мен аты-жөні, өзіне қатысты
әкімшілік құқық бұзушылық туралы іс бойынша іс жүргізіліп жатқан тұлға туралы
мәліметтер, қызметіне уақытша тыйым салынған қызмет объектісі, қызметтің нақты
тоқтатылған уақыты, тұлғаның түсініктемесі және істі дұрыс шешу үшін қажетті өзге
де деректер көрсетіледі. Бұл ретте қызметті немесе оның жекелеген түрлерін тоқтата
тұру не оларға тыйым салу туралы акт сот шешімін шығарғанға дейін қолданыста
болады.
3. Қызметті немесе оның жекелеген түрлерін тоқтата тұру не оларға тыйым салу
туралы актіге оны жасаған лауазымды адам, қызметі уақытша тоқтатылған жеке тұлға
немесе заңды тұлғаның өкілі қол қояды. Егер аталған тұлғалардың біреуі актіге қол
қоймаған жағдайда, лауазымды адам бұл жөнінде актіде тиісті жазба жасайды.
4. Қызметті немесе оның жекелеген түрлерін тоқтата тұру не оларға тыйым салу
туралы актінің көшірмесі қызметі уақытша тоқтатылған тұлғаға қолхатпен тапсырылады.
5. Қызметті немесе оның жекелеген түрлерін тоқтата тұру не оларға тыйым салу
туралы актіні жасаған лауазымды адам пломбаларды салуды, үй-жайларға, тауарлар мен
өзге де материалдық құндылықтар сақталатын орындарға, кассаларға мөр басуды
жасайды, сондай-ақ актіде көрсетілген тұлғалардың қызметті уақытша тоқтатуға
қажетті іс-шараларды орындау бойынша басқа да іс-шаралар қолданылады.
41-тарау. ӘКІМШІЛІК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ ІСТЕРДІ ҚОЗҒАУ
802-бап. Әкiмшiлiк құқық бұзушылық туралы iс қозғау үшін
себептер мен негiз
1. Әкiмшiлiк құқық бұзушылық туралы iс қозғауға:
1) осы баптың үшінші бөлiгiнiң ережелерiн ескере отырып, әкiмшiлiк құқық
бұзушылық жасау фактiсiн уәкiлеттi лауазымды адамның тiкелей анықтауы;
2) құқық қорғау органдарынан, сондай-ақ басқа да мемлекеттiк органдардан,
жергiлiктi өзiн-өзi басқару органдарынан түскен материалдар;
3) жеке және заңды тұлғалардың хабарламалары немесе мәлiмдемелерi, сондай-ақ
бұқаралық ақпарат құралдарындағы хабарламалар;
4) арнайы автоматтандырылған өлшеу құралдарының, сондай-ақ сертификатталған
арнайы техникалық бақылау-өлшеу құралдары мен автоматты режимде жұмыс iстейтiн және
жолдағы жағдайды фото-, бейнетүсiрiлiм арқылы көлiк құралының жүру жылдамдығы мен
бағытын, жол жүрiсiне басқа да қатысушылардың iс-қимылдарын айқындау арқылы
автомобиль көлiгi және жол жүрiсi қауiпсiздiгi саласында әкiмшiлiк құқық
бұзушылықтың жасалуын тiркейтiн бақылау аспаптарының көрсеткiштерi себептер болып
табылады.
2. Іс бойынша іс жүргізуді болғызбайтын, осы Кодекстің 741-бабында көзделген
мән-жайлар болмаған кезде, әкiмшiлiк құқық бұзушылық белгiлерiн көрсететiн
жеткiлiктi деректердiң болуы әкiмшiлiк құқық бұзушылық туралы iс қозғау үшiн негiз
болып табылады.
3. «Қазақстан Республикасындағы мемлекеттiк бақылау және қадағалау туралы»
Қазақстан Республикасының Заңында белгіленген тәртіппен жүргiзiлген тексерудiң
нәтижесi тексерілетін субъектіге қатысты осы баптың бiрiншi тармағының 1)
тармақшасына сәйкес әкiмшiлiк құқық бұзушылық туралы iс қозғауға негiз болып
табылады.
Осы бөліктің күші «Қазақстан Республикасындағы мемлекеттiк бақылау және
қадағалау туралы» Қазақстан Республикасының Заңы 3-бабының 3, 4-тармақтарында және
12-бабының 3-тармағында көзделген салаларда, сондай-ақ мемлекеттік статистика
саласында бақылау және қадағалау жүзеге асырылған кезде және салық органдары
бақылаудың өзге де нысандарын жүзеге асырған кезде әкімшілік құқық бұзушылық
белгілері анықталған жағдайларға қолданылмайды.
4. Осы Кодекстің 785-бабында көзделген әкімшілік құқық бұзушылық туралы іс
бойынша іс жүргізуді қамтамасыз ету шараларын қолдану туралы бірінші хаттама
жасалған, әкiмшiлiк құқық бұзушылық туралы хаттама жасалған немесе прокурор
әкiмшiлiк құқық бұзушылық туралы iс қозғау туралы қаулы шығарған кезден бастап,
сондай-ақ судья (сот) сот талқылауы барысында процеске қатысушы тұлғаның тарапынан
сотты құрметтемеушiлiк фактiсiнiң белгіленгені туралы жариялаған кезден бастап
әкiмшiлiк құқық бұзушылық туралы iс қозғалған деп есептеледі.
Егер әкімшілік құқық бұзушылықты автоматты режимде жұмыс істейтін
сертификатталған арнайы техникалық бақылау-өлшеу құралдары мен аспаптары тіркеген
жағдайда, сондай-ақ істерді мемлекеттік кіріс органдары қарайтын әкімшілік құқық
бұзушылықтар жасалған кезде әкімшілік құқық бұзушылық туралы істі хабардар ету
(хабарлау) тиісті түрде жеткізілген кезден бастап қозғалған деп есептеледі.
Ескерту. 802-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
803-бап. Әкiмшiлiк құқық бұзушылық туралы хаттама
1. Осы Кодекстiң 807-бабында көзделген жағдайларды қоспағанда, әкiмшiлiк
құқық бұзушылық туралы хаттаманы оған уәкiлеттiк берілген лауазымды адам жазбаша
нысанда жасайды. Әкімшілік құқық бұзушылық туралы хаттаманың жазбаша нысанымен
бірге электрондық нысаны да пайдаланылуы мүмкін.
2. Әкiмшiлiк құқық бұзушылық туралы хаттамада:
1) хаттама жасалған күнi мен орны;
2) хаттаманы жасаған адамның лауазымы, тегі және аты-жөні;
3) өзіне қатысты ic қозғалған тұлға туралы мәлiметтер (жеке тұлғалар үшiн –
тегi, аты, әкесiнiң аты (ол болған кезде), туған жылы, айы, күнi, тұрғылықты жерi,
жеке басын куәландыратын құжаттың атауы мен деректемелері, сәйкестендіру нөмірі,
жұмыс орны, телефонның, факстың, ұялы байланыстың абоненттік нөмірі және (немесе)
электрондық мекенжайы (егер бұлар болса); заңды тұлғалар үшін – атауы, орналасқан
жері, заңды тұлғаны мемлекеттік тіркеу (қайта тіркеу) нөмiрi және күнi,
сәйкестендіру нөмiрi және банк деректемелері, телефонның, факстың, ұялы байланыстың
абоненттік нөмірі және (немесе) электрондық мекенжайы (егер бұлар болса);
4) әкiмшiлiк құқық бұзушылықтың жасалған орны, уақыты мен мәнi;
5) осы Кодекстiң 2-бөлімінің Ерекше бөлiгiнiң осы құқық бұзушылық үшiн
әкiмшiлiк жауаптылық көзделетiн бабы; егер куәлар және жәбiрленушiлер болса,
олардың тегі, аты, әкесінің аты (ол болған кезде), мекенжайлары;
6) өзiне қатысты iс қозғалған жеке тұлғаның не заңды тұлға өкiлiнiң
түсiнiктемесi; метрологиялық салыстырып тексерудiң атауы, нөмiрi, күнi, егер
әкiмшiлiк құқық бұзушылықты анықтау және тіркеу кезiнде техникалық құрал
пайдаланылса, оның көрсеткіштері;
7) iстi шешу үшiн қажеттi өзге де мәлiметтер көрсетiледi, сондай-ақ әкiмшiлiк
құқық бұзушылық жасау фактiсiн растайтын құжаттар қоса беріледі.
3. Әкiмшiлiк құқық бұзушылық туралы хаттама жасалған кезде іс жүргізудің тілі
анықталады. Өзiне қатысты iс қозғалған тұлғаға, сондай-ақ іс бойынша іс жүргізудің
басқа да қатысушыларына олардың осы Кодексте көзделген құқықтары мен мiндеттерi
түсiндiрiлiп, бұл жөнінде хаттамада белгi жасалады.
Әкiмшiлiк құқық бұзушылық туралы хаттама жасалған кезде қорғаушыға немесе
өзіне қатысты әкiмшiлiк құқық бұзушылық туралы іс бойынша іс жүргізіліп жатқан
кәмелетке толмаған адамның заңды өкіліне олардың істі соттылығы бойынша
мамандандырылған әкімшілік сотқа, ал тиісті әкімшілік-аумақтық бірліктің аумағында
мамандандырылған әкімшілік сот болмаған кезде, аудандық (қалалық) сотқа беру туралы
өтінішхатпен жүгіну құқығы түсіндіріледі.
4. Әкiмшiлiк құқық бұзушылық туралы хаттамаға оны жасаған адам және осы бапта
көзделген жағдайларды қоспағанда, өзіне қатысты әкiмшiлiк құқық бұзушылық туралы іс
бойынша іс жүргізіліп жатқан тұлға (тұлғаның өкілі) қол қояды. Жәбiрленушiлер мен
куәлар болған кезде, сондай-ақ куәгерлер қатысқан жағдайларда хаттамаға осы адамдар
да қол қояды.
5. Өзіне қатысты іс қозғалған, тиiстi түрде хабарланған адам болмаған немесе
келмеген жағдайда, әкiмшiлiк құқық бұзушылық туралы хаттамаға, өзіне қатысты іс
қозғалған тұлғаның болмауы немесе келмеуi туралы белгi қоя отырып, оны жасаған адам
қол қояды.
6. Өзіне қатысты әкiмшiлiк құқық бұзушылық туралы iс қозғалған адам әкiмшiлiк
құқық бұзушылық туралы iс жөнiнде хаттамаға қолхатпен қабылдаудан бас тартқан
жағдайда, хаттамаға оны жасаған адам тиiстi жазба жүргізеді.
7. Өзiне қатысты iс қозғалған жеке тұлғаға немесе заңды тұлғаның өкiлiне
әкiмшiлiк құқық бұзушылық туралы хаттамамен танысуға мүмкiндiк берiлуге тиiс.
Аталған тұлғалар хаттаманың мазмұны бойынша түсiнiктемелер беруге және ескертулер
жасауға, сондай-ақ оған қол қоюдан өзiнiң бас тарту уәждерін баяндауға құқылы,
бұлар хаттамаға қоса беріледі. Осы адамдар әкiмшiлiк құқық бұзушылық туралы
хаттамаға қол қоюдан бас тартқан жағдайда хаттамаға тиiстi жазба жүргізіледі. Өзіне
қатысты іс қозғалған тұлғаның хаттамаға қол қою фактісі аталған тұлғаның хаттамамен
танысқандығын куәландырады және әкімшілік құқық бұзушылықты жасауда өз кінәсін
мойындау болып табылмайды.
8. Осы бөлiкте көзделген жағдайларды қоспағанда, әкiмшiлiк құқық бұзушылық
туралы хаттама жасалғаннан кейiн, оның көшiрмесi қолхат алынып, өзiне қатысты iс
қозғалған жеке тұлғаға немесе заңды тұлғаның өкiлiне, сондай-ақ жәбiрленушiге дереу
тапсырылады.
9. Әкiмшiлiк құқық бұзушылық туралы хаттама осы Кодекстiң 802-бабы бiрiншi
бөлiгiнiң 4) тармақшасында көзделген, сондай-ақ осы баптың бесінші және алтыншы
бөлiктерiнде көзделген негiздер бойынша өзiне қатысты iс қозғалған тұлға болмаған
кезде жасалған жағдайларда, өзiне қатысты iс қозғалған тұлғаға хабарлана отырып, ол
жасалғаннан кейін екі тәулік ішінде тапсырыс хатпен пошта арқылы жiберiледi. Өзіне
қатысты іс қозғалған тұлғаның хаттаманы алған кезден бастап үш тәулік ішінде оны
қайтармау фактісі оған қол қоюдан бас тарту деп танылады, бұл жөнінде хаттама
көшірмесінде тиісті жазба жасалады.
Ескерту. 803-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
804-бап. Әкiмшiлiк құқық бұзушылық туралы хаттамалар
жасауға құқығы бар лауазымды адамдар
1. Соттар қарайтын әкiмшiлiк құқық бұзушылық туралы iстер бойынша әкімшілік
құқық бұзушылық туралы хаттамалар жасауға мыналардың:
1) iшкi iстер органдарының
(73, 85, 100, 127, 128, 129, 130, 131, 132, 133, 134, 135, 149, 150, 154, 160
(екінші бөлігі), 190 (екінші, үшінші және төртінші бөліктері), 191, 200, 282
(үшінші және төртінші бөліктері), 382 (екінші және үшінші бөліктері), 383 (үшінші
және төртінші бөліктері), 398, 416 (азаматтық және қызметтiк қаруларға және олардың
патрондарына, есiрткi, психотроптық заттар мен прекурсорлардың, азаматтық
пиротехникалық заттар мен олар қолданылған бұйымдардың айналымына байланысты
химиялық өнiмге қойылатын қауiпсiздiк талаптарын бұзушылықтар бойынша), 422, 423
(екінші бөлігі), 427, 433 (екінші бөлігі), 434, 435, 436, 438 (үшінші бөлігі), 440
(төртінші және бесінші бөліктері), 442, 443 (екінші бөлігі), 444 (бірінші
бөлігі), 445 (бірінші және он бірінші бөліктері), 446, 448, 449 (екінші және үшінші
бөліктері), 450, 453, 461, 462, 463, 469 (екінші бөлігі), 470 (екінші
бөлігі), 476, 477, 478, 479, 480, 481, 482, 483, 485 (екінші бөлігі), 488, 489
(екінші, үшінші және төртінші бөліктері), 495 (екінші бөлігі), 496 (екінші
бөлігі), 506, 512 (екінші бөлігі), 513 (екінші бөлігі) 514 (екінші бөлігі), 517
(екінші, төртінші, бесінші, алтыншы және жетінші бөліктері), 590 (төртінші
бөлігі), 596 (үшінші және бесінші бөліктері), 603 (бірінші және екінші
бөліктері), 604 (екінші бөлігі), 605 (үшінші және төртінші бөліктері), 606 (екінші
бөлігі), 607 (екінші бөлігі), 608, 610, 611 (екінші және үшінші бөліктері), 613
(бірінші, екінші, үшінші, төртінші, бесінші, алтыншы, жетінші, сегізінші,
тоғызыншы, оныншы және он бірінші бөліктері), 615 (төртінші бөлігі), 621 (үшінші
бөлігі), 654
(590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 604, 605, 60
6, 607, 608, 609, 610, 611, 612, 613-баптарда көзделген құқық бұзушылықтар
бөлiгiнде), 662, 663, 665, 669, 674, 675-баптар);
2) азаматтық қорғау саласындағы уәкiлеттi органның (299-бап (екiншi бөлiгi)
(бөгеттердің қауіпсіздігін қоспағанда), 312-бап (екінші бөлігі), 314,410-1, 416
(өрт және жарылу қаупi бөлiгiнде машиналар мен жабдыққа, химиялық өнiмге қойылатын
қауiпсiздiк талаптарын бұзушылықтар бойынша), 462-баптар);
3) жекелеген жерлер комендатураларының (476, 478-баптар);
4) осы баптың 5) және 6) тармақшаларында аталған адамдарды қоспағанда,
Қазақстан Республикасы Қарулы Күштерінің әскери полициясы органдарының – әскери
қызметшiлер, жиынға шақырылған әскери мiндеттiлер және Қазақстан Республикасы
Қарулы Күштерiнiң, Қазақстан Республикасы басқа әскерлері мен әскери құралымдарының
көлiк құралдарын басқаратын адамдар жасаған, осы Кодекстің 73, 154, 434, 436, 440
(төртінші және бесінші бөліктері), 444 (бірінші бөлігі), 479, 482, 483, 485 (екінші
бөлігі), 488, 506, 590 (төртінші бөлiгi), 596 (үшінші және бесінші бөліктері), 603
(бірінші және екiншi бөлiктерi), 606 (екiншi бөлiгi), 607 (екiншi
бөлiгi), 608, 610, 611 (екінші және үшінші бөліктері), 613 (бірінші, екінші,
үшінші, төртінші, бесінші, алтыншы, жетінші, сегізінші, тоғызыншы, оныншы және он
бірінші бөліктері), 615 (төртінші бөлігі), 621 (үшінші бөлігі), 651, 652-баптарында
көзделген құқық бұзушылықтар туралы, 680-бабы бойынша әскери бөлімдердің
(мекемелердің) командирлеріне (бастықтарына) қатысты;
5) Қазақстан Республикасы Ұлттық қауiпсiздiк комитетiнің әскери полициясы
органдарының – осы Кодекстiң 590 (төртінші бөлiгi),
596 (үшінші және бесiншi бөлiктерi), 603 (бiрiншi және екiншi бөлiктерi), 606
(екiншi бөлiгi), 607 (екiншi бөлiгi), 608, 610, 611 (екiншi және үшінші
бөлiктерi), 613 (бірінші, екінші, үшінші, төртінші, бесінші, алтыншы, жетінші,
сегізінші, тоғызыншы, оныншы және он бірінші бөліктері), 615 (төртінші бөлігі), 621
(үшінші бөлігі)-баптарында көзделген, арнаулы мемлекеттiк органдардың көлiк
құралдарын басқаратын адамдар жасаған құқық бұзушылықтар туралы, сондай-
ақ 506, 652-баптары бойынша өзге де адамдарға, 680-бабы бойынша әскери бөлімдердің
командирлеріне қатысты;
6) Қазақстан Республикасы Ұлттық ұланының әскери полициясы органдарының – осы
Кодекстің 506, 590 (төртінші бөлігі), 596 (үшінші және бесінші бөліктері), 603
(бірінші және екінші бөліктері), 606 (екінші бөлігі), 607 (екінші
бөлігі), 608, 610, 611 (екінші және үшінші бөліктері), 613 (бірінші, екінші,
үшінші, төртінші, бесінші, алтыншы, жетінші, сегізінші, тоғызыншы, оныншы және он
бірінші бөліктері), 615 (төртінші бөлігі), 621 (үшінші бөлігі), 652-баптарында
көзделген, әскери қызметшiлер мен жиынға шақырылған әскери мiндеттiлер жасаған
құқық бұзушылықтар туралы, сондай-ақ 680-бабы бойынша әскери бөлімдердің
командирлеріне қатысты;
7) су қорын пайдалану мен қорғау саласындағы уәкiлеттi органның (299 (екінші
бөлігі) (өнеркәсіптік қауіпсіздікті қоспағанда), 360 (бірінші бөлiгi), 462, 463-
баптар);
8) ветеринария саласындағы уәкiлеттi органның (416-бап (ветеринариялық-
санитариялық бақылауға және қадағалауға жататын тағамдық өнiмге қойылатын
қауiпсiздiк талаптарын бұзушылықтар бойынша);
9) орман, балық және аңшылық шаруашылығы саласындағы органдардың (160 (екiншi
бөлiгi), 382 (екінші, үшiншi бөлiктерi), 383 (үшiншi және төртінші бөлiктерi), 385
(екiншi бөлiгi), 389, 392 (үшінші бөлігі), 395 (екiншi бөлiгi), 396 (екінші
бөлiгi), 398, 462, 463-баптар);
10) қоршаған ортаны қорғау саласындағы уәкiлеттi органның (139 (екiншi
бөлiгi), 326 (үшінші және төртінші бөліктері), 333 (екiншi бөлiгi), 395 (екiншi
бөлiгi), 396 (екiншi бөлiгi), 397 (төртінші бөлiгi), 399 (екiншi және үшінші
бөлiктерi), 416 (химиялық өнiмге қойылатын қауiпсiздiк талаптарын бұзушылықтар
бойынша), 462-баптар);
11) жер қойнауын зерттеу мен пайдалану саласындағы мемлекеттiк бақылау
органдарының (416, 462-баптар);
12) мәдениет саласындағы уәкiлеттi органның (75 (бірінші, екінші, бесінші
және алтыншы бөліктері) 145-баптар);
13) туристiк қызмет саласындағы уәкiлеттi органның (187 (екінші, үшінші,
төртінші және бесінші бөліктері), 462, 465-баптар);
14) ойын бизнесi саласындағы уәкiлеттi органның (214, 444 (бірінші
бөлігі), 445-баптар);
15) өсiмдiктер карантинi және оларды қорғау жөнiндегi органдардың (400
(екінші бөлігі), 416 (химиялық өнiмге қойылатын қауiпсiздiк талаптарын бұзушылықтар
бойынша), 462-баптар);
16) тұқым шаруашылығы және астық нарығын реттеу саласындағы органдардың (462-
бап);
17) биоотын өндiрiсi саласындағы уәкiлеттi органның (169-бап (екiншi,
жетiншi, он үшiншi бөлiктерi (биоотын өндiрiсi бөлiгiнде);
18) биоотын айналымы саласындағы уәкiлеттi органның (169-бап (оныншы, он
бiрiншi, он екiншi, он үшiншi (биоотын айналымы бөлiгiнде), он төртiншi бөлiктерi);
19) асыл тұқымды мал шаруашылығы саласындағы уәкiлеттi органның (407 (екiншi
және үшінші бөліктері), 463-баптар);
20) ауыл шаруашылығы саласындағы уәкiлеттi органның (416-бап (машиналар мен
жабдыққа, химиялық өнiмге қойылатын қауiпсiздiк талаптарын бұзушылықтар бойынша);
21) мемлекеттiк сәулет-құрылыс бақылау және қадағалау органдарының (312
(екiншi бөлiгi), 313, 314, 316 (екiншi бөлiгi), 317 (төртінші
бөлiгi), 319, 462, 463-баптар);
22) санитариялық-эпидемиологиялық қадағалау органдарының (151 (екiншi
бөлiгi), 193 (екінші және үшінші бөлiктерi), 282 (үшінші және төртінші бөліктері),
312 (екінші бөлiгi), 314, 413, 416 (тағамдық өнiмге, ойыншықтарға, химиялық өнiмге
қойылатын қауiпсiздiк талаптарын бұзушылықтар бойынша), 425 (екiншi бөлiгi), 426
(екінші және үшінші бөліктері), 430 (екінші бөлiгi), 462, 476-баптар);
23) байланыс және ақпараттандыру саласындағы уәкiлеттi органның (416
(байланыс құралдарына қойылатын қауiпсiздiк талаптарын бұзушылықтар
бойынша), 462, 463, 464 (екінші бөлiгi), 636 (екiншi бөлiгi), 637 (төртінші
бөлiгi), 638 (екінші бөлігі)-баптар);
24) азаматтық авиация саласындағы уәкiлеттi органның (462, 564 (бесінші
бөлiгi), 569 (бірінші, екінші және төртінші бөліктері)-баптар);
25) көлiк және коммуникация саласындағы уәкiлеттi органның (416 (машиналар
мен жабдыққа, химиялық өнiмге қойылатын қауiпсiздiк талаптарын бұзушылықтар
бойынша), 462, 463, 563 (екінші бөлігі)-баптар);
26) көлiктік бақылау органдарының (462, 463, 464 (екінші бөлігі), 583 (екiншi
бөлiгi), 613 (екiншi бөлiгi), 618, 629 (әуе көлігі кемелеріндегі бұзушылықтардан
басқа)-баптар);
27) Қазақстан Республикасы Қаржы министрлiгi органдарының (185 (бұл
бұзушылықтарды аудиторлар, аудиторлық ұйымдар жасаған кезде), 214 (бұл
бұзушылықтарды аудиторлар, аудиторлық ұйымдар жасаған кезде), 216, 219, 233 (үшінші
бөлігі), 235, 236, 237, 245, 246-баптар);
28) iшкi бақылау жөнiндегi уәкiлеттi органның (462-бап);
29) акцизделетiн өнiм өндiрудi және оның айналымын мемлекеттiк бақылау
жөнiндегi органдардың (282 (үшiншi, төртiншi, алтыншы, жетiншi, тоғызыншы, он
бірінші және он үшінші бөлiктерi), 281 (төртiншi, бесінші және алтыншы бөлiктерi),
283, 463, 464 (екінші бөлігі)-баптар);
30) сыбайлас жемқорлыққа қарсы қызметтің (154, 158, 173,
174 (екінші бөлігі), 357, 465, 654, 658, 659, 660, 661, 662, 665, 667, 676, 677,
678, 679, 681-баптар);
31) мемлекеттік кіріс органдарының (150, 151 (екінші бөлігі), 153, 154, 158,
174 (екінші бөлігі), 176, 182, 183, 190 (үшінші және төртінші бөліктері), 246
(бесінші және алтыншы бөліктері), 281 (төртінші, бесінші және алтыншы бөліктері),
282 (үшінші, төртінші, алтыншы, жетінші, тоғызыншы, он бірінші және он үшінші
бөліктері), 283, 357, 398, 462, 463, 464 (екінші бөлігі), 467, 489 (бесінші,
алтыншы, жетінші және сегізінші бөліктері), 528 (бірінші бөлігі), 532, 541, 543
(бірінші және үшінші бөліктері), 544, 545, 548 (екінші бөлігі), 549, 550, 551
(екінші бөлігі), 552 (екінші бөлігі), 590 (төртінші бөлігі), 654, 658, 659, 660,
661, 662, 665, 667-баптар), сондай-ақ Қазақстан Республикасының Мемлекеттік
шекарасы арқылы автомобиль өткізу пункттерінде жасалған, 400 (екінші бөлігі) және
425 (екінші бөлігі)-баптарда көзделген әкімшілік құқық бұзушылықтар бойынша)
32) өнеркәсіптік қауіпсіздік саласындағы уәкілетті органның
(305 (газбен жабдықтау жүйелерінің күзет аймақтарындағы бұзушылықтар бойынша), 306
(үшінші, төртінші және бесінші бөлiктері), 307, 308,
312 (екінші бөлiгi), 314, 416 (өрт және жарылыс қаупі бөлігінде машиналар мен
жабдыққа, химиялық өнімге қойылатын қауіпсіздік талаптарын бұзушылықтар бойынша),
462-баптар);
33) әдiлет органдарының (158, 214, 462, 467, 668-баптар);
34) заңнамаға сәйкес лицензиарлар болып табылатын органдар (312 (екінші
бөлігі), 313, 314, 316 (екінші бөлігі), 319, 392 (үшінші бөлігі), 462, 463, 464
(екінші бөлігі), 465, 467, 621 (үшінші бөлігі)-баптар);
35) табиғи монополиялар салаларында және реттелетiн нарықтарда басшылықты
жүзеге асыратын уәкiлеттi органның (171 (бірінші және үшінші бөліктері (мұнай
өнімдерін бөлшек саудада өткізудің шекті бағасын асыру бойынша), 462-баптар);
36) кәсiпкерлiк жөнiндегi уәкiлеттi органның (175, 462, 465-баптар);
37) техникалық реттеу және өлшем бiрлiгiн қамтамасыз ету саласындағы органдар
мен олардың аумақтық органдарының (193 (екінші бөлігі), 415 (екінші
бөлігі), 416, 417 (бірінші және алтыншы бөліктері), 419 (екінші бөлігі), 445
(үшінші, сегізінші және он екінші бөліктері), 462, 463, 638 (екінші бөлігі)-
баптар);
38) мемлекеттiк энергетикалық қадағалау және бақылау жөніндегі органдардың
(462, 463-баптар);
39) индустриялық саясатты реттеу саласындағы уәкiлеттi органның (416-бап
(машиналар мен жабдыққа, химиялық өнiмге, ойыншықтарға қойылатын қауiпсiздiк
талаптарын бұзушылықтар бойынша));
40) сауда қызметiн реттеу саласындағы уәкiлеттi органның (185 (бұл
бұзушылықтарды биржалық брокерлер және (немесе) биржалық дилерлер, сондай-ақ тауар
биржаларының жұмыскерлерi жасаған кезде), 214-баптар);
41) заңды тұлғаларды, азаматтық хал актiлерiн мемлекеттiк тiркеу, бағалау
қызметiн реттеу саласындағы уәкiлеттi мемлекеттiк органның (184, 185 (Қазақстан
Республикасының бағалау қызметі туралы заңнамасын бұзу бөлігінде), 462, 463-
баптар);
42) мұнай және газ саласындағы уәкiлеттi органның (170, 171 (екінші және
үшінші бөліктері (тауарлық немесе сұйытылған мұнай газын көтерме саудада өткiзудiң
шектi бағаларын асыру бойынша), 356 (он төртінші бөлігі), 463-баптар);
43) атом энергиясы жөнiндегi органдардың (413, 414, 416 (машиналар мен
жабдыққа қойылатын қауiпсiздiк талаптарын бұзушылық бойынша)-баптар);
44) Қазақстан Республикасы Ұлттық қауiпсiздiк комитетi Шекара қызметiнің (382
(екiншi және үшiншi бөлiктерi), 383 (үшінші және төртінші бөлiктерi), 395 (екiншi
бөлiгi), 396 (екiншi бөлiгi), 506,
512 (екiншi бөлiгi), 513 (екiншi бөлiгi), 514 (екiншi бөлiгi), 516,
517 (екiншi, төртiншi, алтыншы және жетінші бөлiктерi)-баптар);
45) ұлттық қауіпсіздік органдарының (453 (екінші және үшiншi бөлiктерi)
(мемлекеттiк құпияларға байланысты құқық бұзушылықтар жасағаны үшiн), 462, 477-
баптар);
46) күзету iс-шараларын жүргiзу кезiнде Қазақстан Республикасы Мемлекеттік
күзет қызметiнің (149, 425 (екiншi бөлiгi), 436, 477, 482, 485 (екiншi
бөлiгi), 488, 506, 606 (екінші бөлігі)-баптар);
47) Республикалық бюджеттiң атқарылуын бақылау жөнiндегi есеп комитетiнің
және облыстардың, республикалық маңызы бар қалалардың, астананың тексеру
комиссияларының (216, 219, 233 (үшiншi бөлiгi), 235, 236, 237, 247 (алтыншы
бөлiгi), 405 (бiрiншi бөлiгi), 462-баптар);
48) мемлекеттiк еңбек инспекциясы органдарының (86 (төртінші бөлігі), 416
(химиялық өнiмдерге қойылатын қауiпсiздiк талаптарын бұзушылықтар бойынша), 462-
баптар);
49) бiлiм беру саласындағы уәкiлеттi органның (409 (жетiншi
бөлiгi), 462, 463-баптар);
50) облыстардың, республикалық маңызы бар қаланың, астананың, аудандардың,
облыстық маңызы бар қалалардың жергiлiктi атқарушы органдарының (199 (екінші
бөлігі), 320 (бірінші, екінші, үшінші және төртінші бөліктері), 401 (алтыншы және
жетінші бөліктері), 402 (төртінші бөлігі), 404 (тоғызыншы бөлігі), 451, 452
(үшінші, төртінші, алтыншы бөліктері және тоғызыншы бөліктің 4), 5) және 6)
тармақшалары), 453, 454 (екінші бөлігі), 455 (төртінші бөлігі), 456, 463, 464
(екінші бөлігі), 490-баптар);
51) монополияға қарсы органның (159, 160 (екінші бөлігі)-баптар);
52) медициналық қызметтер көрсету саласындағы бақылау жөніндегі органдардың
(80 (төртінші бөлiгi), 81 (екiншi бөлiгi), 82 (екінші бөлігі), 409 (жетінші
бөлігі), 424 (үшінші және бесінші бөлiктерi), 462, 463-баптар);
53) дәрілік заттар, медициналық мақсаттағы бұйымдар мен медициналық техника
айналысы саласындағы органның (426 (екінші және үшінші бөліктері) және 463-баптар);
54) ғарыш қызметi саласындағы уәкiлеттi органның (310, 311-баптар);
55) дiни қызмет саласындағы уәкiлеттi мемлекеттiк органның
(490-бап (екінші, алтыншы және сегізінші бөліктері (бұл бұзушылықтарды орталық
мемлекеттік органдардың лауазымды адамдары жасаған кезде);
56) мемлекеттік сот орындаушыларының (663, 666, 669, 673-баптар);
57) сот төрағасы немесе сот отырысында төрағалық етушi уәкiлеттік берген сот
приставтарының және соттардың басқа да қызметкерлерiнің
(653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 666, 667, 673-баптар);
58) облыстардың (республикалық маңызы бар қаланың, астананың) әкiмдерi
уәкiлеттік берген лауазымды адамдарының (656-бап);
59) пошта байланысы саласындағы уәкілетті органның (214-бап);
60) мемлекеттік қызмет істері жөніндегі уәкілетті органның (99-бап);
61) түзеу мекемелерінің немесе тергеу изоляторларының (481-бап);
62) ақпарат саласындағы уәкілетті органның (451 (екінші бөлігі), 452
(тоғызыншы бөлігінің 4), 5) және 6) тармақшалары), 509-баптар);
63) жерді пайдалану және қорғау саласындағы мемлекеттік бақылау органдарының
(462-бап) уәкілеттік берілген лауазымды адамдарының құқығы бар.
2. Соттар қарайтын әкімшілік құқық бұзушылықтар туралы істер бойынша
әкімшілік құқық бұзушылықтар туралы хаттамаларды жасауға Қазақстан Республикасы
Ұлттық Банкінің уәкілетті жұмыскерлерінің де құқығы бар (86 (төртінші
бөлігі), 185, 211 (бірінші бөлігі), 214 (бірінші, екінші, үшінші және төртінші
бөліктері), 245, 251, 252 (екінші бөлігі), 462 (бірінші, екінші, үшінші (бұл
бұзушылықтарды аудиторлық ұйымдар жасаған кезде), төртінші және бесінші
бөліктері), 463, 464 (екінші бөлігі), 467-баптар).
3. Осы Кодекстiң 685 – 735-баптарында көрсетiлген органдардың құзырына
жатқызылған әкiмшiлiк құқық бұзушылықтар туралы iстер бойынша құқық бұзушылықтар
туралы хаттамаларды жасауға осы органдардың оған уәкiлеттік берiлген лауазымды
адамдарының құқығы бар. Бұдан басқа, әкiмшiлiк құқық бұзушылық туралы хаттамаларды
жасауға:
1) көлiк және коммуникация саласындағы уәкiлеттi органның лауазымды
адамдарының (230 (екінші бөлігі) (бұл бұзушылықтарды жолаушыларды тасымалдаушылар
жасаған кезде), 581 (екінші бөлігі), 582, 583 (үшінші бөлігі), 586, 621 (төртінші
бөлігі), 622 (бірінші бөлігі), 623, 625 (автомобиль көлiгiнде және қалалық рельстік
көлікте құқық бұзушылықтар жасағаны үшiн)-баптар);
2) орман, балық және аңшылық шаруашылығы саласындағы уәкiлеттi органдардың
мамандандырылған ұйымдарының лауазымды адамдарының
(138, 142, 143, 337, 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 37
7, 378, 379, 380, 381, 382, 383, 385 (бірінші бөлігі), 392 (екінші бөлігі), 394
(бірінші және екінші бөліктері), 395 (бірінші бөлігі), 396 (бірінші бөлігі)-
баптар);
3) жануарлар дүниесiн қорғау мәселелерiмен айналысатын аңшылық және балық
шаруашылығы қорықшыларының, директорларының (382, 383 (бірінші, екінші, үшінші және
төртінші бөліктері)-баптар);
4) күзету iс-шараларын жүргiзу кезiнде Қазақстан Республикасы Мемлекеттік
күзет қызметiнiң лауазымды адамдарының (297, 504, 614, 675-баптар);
5) Қазақстан Республикасы Қарулы Күштерінің әскери қызметшілері мен
қызметшілеріне қатысты Қазақстан Республикасы Қарулы Күштерінің әскери полиция
органдары лауазымды адамдарының (437, 440 (бірінші, екінші және үшінші
бөліктері), 441, 444 (екінші бөлігі) 484, 485 (бірінші бөлігі) құқығы бар.
Ескерту. 804-бапқа өзгерістер енгізілді - ҚР 07.11.2014 № 248-V (01.01.2015
бастап қолданысқа енгізіледі); 29.12.2014 № 269-V (01.01.2015 бастап қолданысқа
енгізіледі); 29.12.2014 № 272-V (қолданысқа енгізілу тәртібін 2-баптан қараңыз);
10.01.2015 № 275-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн
өткен соң қолданысқа енгізіледі); 24.04.2015 № 310-V (алғашқы ресми жарияланған
күнінен кейін күнтізбелік жиырма бір күн өткен соң қолданысқа енгізіледі);
05.05.2015 № 312-V (алғашқы ресми жарияланған күнінен кейін күнтізбелік он күн
өткен соң қолданысқа енгізіледі) Заңдарымен.
805-бап. Прокурордың әкiмшiлiк құқық бұзушылық туралы iс
бойынша іс жүргізуді қозғауы
1. Прокурор осы Кодекстің 74, 75, 76, 77, 78, 79, 81, 82, 82-
1, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 11
0, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126,
129, 130, 173, 189, 214, 361, 362, 363, 439, 451, 452, 453, 455, 456, 457, 465, 490
, 498, 507, 508, 653, 660, 666, 675, 680-баптарында көзделген әкiмшiлiк құқық
бұзушылықтар туралы iс қозғау жөнінде қаулы шығарады.
2. Прокурор іс қозғау туралы және өзге де әкiмшiлiк құқық бұзушылық туралы
қаулы шығаруға құқылы.
3. Прокурордың әкiмшiлiк құқық бұзушылық туралы iс бойынша іс жүргізуді
қозғау туралы қаулысында осы Кодекстiң 803-бабында көзделген мәлiметтер қамтылуға
тиiс.
Ескерту. 805-бапқа өзгерістер енгізілді - ҚР 29.12.2014 № 272-V (01.01.2015
бастап қолданысқа енгізіледі); 19.05.2015 № 315-V (алғашқы ресми жарияланған
күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.
806-бап. Әкiмшiлiк құқық бұзушылық туралы хаттама жасау
мерзiмдерi
1. Әкімшілік құқық бұзушылық туралы хаттама әкімшілік құқық бұзушылық жасау
фактісі анықталғаннан кейін дереу жасалады.
2. «Қазақстан Республикасындағы мемлекеттік бақылау және қадағалау туралы»
Қазақстан Республикасының Заңында белгіленген тәртіппен жүргізілетін тексеру
барысында әкімшілік құқық бұзушылық анықталған кезде әкімшілік құқық бұзушылық
туралы хаттама тиісті тексеру аяқталғаннан кейін дереу жасалады.
3. «Бәсекелестік туралы» Қазақстан Республикасының Заңында тыйым салынған
монополистік қызметті, жосықсыз бәсекелестікті, сондай-ақ мемлекеттік және
жергілікті атқарушы органдардың бәсекелестікке қарсы әрекеттерін жүзеге асыру
кезінде әкімшілік құқық бұзушылық анықталған жағдайларда, хаттама тергеп-тексеру
нәтижелері бойынша тиісті шешім қабылдағаннан кейін дереу жасалады.
4. Салық салу не бюджет қаражатын пайдалану саласындағы, техникалық реттеу
және өлшем бiрлiгiн қамтамасыз ету саласында әкiмшiлiк құқық бұзушылықтар
анықталған жағдайларда, хаттама тиісті тексеру аяқталғаннан кейін дереу жасалады.
5. Осы Кодекстің 897-бабында айқындалған тәртіппен айыппұл төленбеген
жағдайда, хаттама осы Кодекстің көрсетілген бабында белгіленген мерзім өткеннен соң
бір тәулік ішінде жасалады.
6. Әкiмшiлiк құқық бұзушылықтың мән-жайларын, өздерiне қатысты iс қозғалған
жеке тұлғаның жеке басын немесе заңды тұлға туралы мәлiметтердi және заңды тұлға
өкiлiнiң жеке басын қосымша анықтау талап етiлетін жағдайларда, әкiмшiлiк құқық
бұзушылық туралы хаттама көрсетілген мән-жайлар анықталған күннен бастап үш тәулік
ішінде, ал осы Кодекстiң 210, 217, 218, 220, 222, 227 (бірінші және екінші
бөліктерінде), 239 (үшiншi және төртінші бөліктерінде), 243, 244, 251, 252, 464
(бiрiншi бөлiгiнде), 571, 572, 573, 574, 575, 576, 593 (бiрiншi бөлiгiнде – бұл
бұзушылықтар жолаушылар мен жүктердi тасымалдау қағидаларын бұзушылықтар болып
табылған кезде; екiншi, үшiншi, төртінші, бесінші, алтыншы және жетінші
бөлiктерiнде) және 609-баптарында көзделген әкiмшiлiк құқық бұзушылықтар бойынша,
сондай-ақ әкімшілік құқық бұзушылық жөніндегі материалдарды аумақтық филиалдарға
беру кезінде құқық бұзушылық немесе оны жасаған тұлға табылған кезден бастап он
тәулік ішінде жасалады.
7. Сараптама жүргiзу талап етiлетiн жағдайда әкiмшiлiк құқық бұзушылық туралы
хаттама сараптама қорытындысы алынған кезден бастап екі тәулiк iшiнде жасалады.
8. Осы Кодекстің 324 (бiрiншi бөлiгi), 337 (бiрiншi бөлiгi), 344, 347, 394
(екiншi бөлiгi)-баптарында көзделген әкiмшiлiк құқық бұзушылықтар бойынша қоршаған
ортаға келтiрiлген зиян сомасының мөлшерiн белгiлеу талап етiлетін жағдайларда,
әкiмшiлiк құқық бұзушылық туралы хаттама қоршаған ортаға келтiрiлген зиян сомасының
мөлшерi белгiленген кезден бастап бiр тәулiк iшiнде жасалады.
9. Осы баптың алтыншы бөлiгiнде көрсетiлген талаптар жеке тұлғаның
анықталмауына байланысты орындалуы мүмкiн емес жағдайларда, әкiмшiлiк құқық
бұзушылық туралы хаттама осы бапта белгiленген мерзiмдерде әкiмшiлiк құқық
бұзушылық жасау фактiсi бойынша жасалады.
807-бап. Әкiмшiлiк құқық бұзушылық туралы хаттама
жасалмайтын жағдайлар
1. Әкімшілік құқық бұзушылық туралы хаттама:
1) ескерту түрiнде әкiмшiлiк жаза қолдануға әкеп соғатын әкiмшiлiк құқық
бұзушылық жасалған жағдайларда, егер тұлға құқық бұзушылық жасау фактісін
мойындаса;
2) егер әкімшілік құқық бұзушылық автоматты режимде жұмыс істейтін
сертификатталған арнайы техникалық бақылау-өлшеу құралдарымен және аспаптарымен
тіркелсе, жасалмайды. Айыппұл арнайы техникалық бақылау-өлшеу құралының немесе
аспабының көрсеткіштері қоса беріліп, айыппұл төлеу қажеттігі туралы нұсқама
түрінде ресімделеді, бұл жөнінде көлік құралының меншік иесі (иесі) тиісті түрде
хабардар етіледі;
3) егер адам әкімшілік құқық бұзушылық жасау фактісін мойындаған және жазаның
қолданылуымен келіскен, сондай-ақ осы Кодекстің 897-бабына сәйкес айыппұлды төлеген
жағдайда, мемлекеттік кіріс органдары қарайтын істер бойынша әкімшілік құқық
бұзушылықтар жасалған кезде;
4) жеке тұлғалар бұзылған құқықтарын қалпына келтiру туралы арызбен жүгінген
кезде осы Кодекстiң 74, 75, 76, 78, 81, 82, 82-
1, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 10
2, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118,
119, 120, 121, 122, 123, 124, 125, 126, 128, 130 және 132-баптарында көзделген
әкiмшiлiк құқық бұзушылықтар туралы iстердi сот құқық бұзушылық туралы хаттама
жасамай қарайды;
5) егер әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзу прокурор
қаулысымен қозғалса және судья (сот) тікелей соттың қарауы барысында осы
Кодекстің 684-бабының үшінші бөлігінде көзделген жағдайларда сотты құрметтемеушілік
фактісін анықтаған кезде жасалмайды.
2. Қаржы және сауда саласындағы құқық бұзушылықты қоспағанда, ескерту
түрiндегi жазаны оған уәкiлеттiк берiлген лауазымды адам әкiмшiлiк құқық бұзушылық
жасалған жерде ресiмдейдi.
Әкiмшiлiк құқық бұзушылық жасаған тұлға ескерту жасау туралы қаулының екiншi
данасына қол қою арқылы қолданылған жазаға өзiнiң келiсімiн растайды.
Ескерту. 807-бапқа өзгерістер енгізілді - ҚР 29.12.2014 № 272-V (01.01.2015
бастап қолданысқа енгізіледі); 19.05.2015 № 315-V (алғашқы ресми жарияланған
күнінен кейін күнтізбелік он күн өткен соң қолданысқа енгізіледі) Заңдарымен.
808-бап. Хаттаманы (прокурордың қаулысын) iстi қарау үшiн
жiберу
Әкiмшiлiк құқық бұзушылық туралы хаттама (прокурордың қаулысы) қарау үшiн
жасалған кезден бастап үш тәулiк iшiнде судьяға, әкiмшiлiк құқық бұзушылық туралы
iстi қарауға уәкiлеттiк берiлген органға (лауазымды адамға) жiберiледi.
Жасалғаны үшiн жауаптылық әкiмшiлiк қамаққа алуды қолдануға әкеп соғуы мүмкiн
әкiмшiлiк құқық бұзушылық туралы хаттама (прокурордың қаулысы) ол жасалғаннан кейiн
судьяға дереу жiберiледi.
809-бап. Әкiмшiлiк құқық бұзушылық туралы іс бойынша iс
жүргiзудi iстi қарауға бергенге дейiн тоқтату
Осы Кодекстiң 741 және 742-баптарында көзделген мән-жайлардың ең болмағанда
бiреуi болған кезде, жүргiзуінде iс жатқан лауазымды адам әкiмшiлiк құқық бұзушылық
туралы іс бойынша iс жүргiзудi тоқтату туралы қаулы шығарады.
42-тарау. ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ ІС БОЙЫНША
ҚЫСҚАРТЫЛҒАН ІС ЖҮРГІЗУ
810-бап. Әкiмшiлiк құқық бұзушылық туралы іс бойынша
қысқартылған іс жүргізудің негіздері
1. Әкімшілік құқық бұзушылық туралы іс бойынша қысқартылған іс жүргізу, егер
құқық бұзушылық фактісін лауазымды адам оның жасалу орнында анықтаса, 44-баптың
бірінші бөлігінің бірінші абзацына сәйкес ол үшін айыппұл түрінде әкімшілік жаза
көзделген, оны жасаған, өз кінәсін мойындаған жеке тұлға анықталған және салынған
айыппұл мөлшерімен келіскен жағдайларда жүзеге асырылады.
2. Әкiмшiлiк құқық бұзушылық туралы іс бойынша қысқартылған іс жүргізу:
1) баптың санкциясында өзге де жаза түрлері көзделген;
2) құқық бұзушылықты кәмелетке толмаған адам жасаған;
3) құқық бұзушылықты артықшылық берілген немесе иммунитеті бар адамдар
жасаған;
4) олар бойынша істерді мемлекеттік кіріс органдары қарайтын әкімшілік құқық
бұзушылықтар жасалған;
5) егер әкiмшiлiк құқық бұзушылық автоматты режимде жұмыс iстейтiн
сертификатталған арнайы техникалық бақылау-өлшеу құралдарымен және аспаптарымен
тiркелген жағдайларда қолданылмайды.
Ескерту. 810-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
811-бап. Әкiмшiлiк құқық бұзушылық туралы іс бойынша
қысқартылған іс жүргізу тәртібі
1. Әкімшілік құқық бұзушылық табылған және оны жасаған тұлға белгіленген
кезде, лауазымды адам әкімшілік құқық бұзушылық туралы хаттаманы оның жасалу
орнында жасайды және тұлғаға көрсетілген айыппұл сомасының елу пайыз мөлшеріндегі
айыппұлды жеті тәулік ішінде төлеу құқығын түсіндіреді.
Лауазымды тұлға әкімшілік құқық бұзушылық туралы хаттаманың көшірмесін
адамға белгіленген үлгідегі түбіртекпен бірге тапсырады.
2. Көрсетілген айыппұл сомасының елу пайыз мөлшеріндегі айыппұл жеті тәулік
ішінде төленген жағдайда, іс мәні бойынша қаралды деп есептеледі.
Осы тараудың қағидалары бойынша қаралған істі қайта қарау осы Кодекстің 46-
тарауында белгіленген тәртіппен жүзеге асырылады.
3. Осы баптың бірінші бөлігінде көзделген құқық пайдаланылмаған немесе
тиісінше пайдаланылмаған жағдайда әкімшілік құқық бұзушылық туралы іс бойынша іс
жүргізу жалпы тәртіппен жүзеге асырылады.
Ескерту. 811-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
43-тарау. ӘКІМШІЛІК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ ІСТЕРДІ ҚАРАУ
812-бап. Әкiмшiлiк құқық бұзушылық туралы iс қаралатын
орын
1. Әкiмшiлiк құқық бұзушылық туралы iс оның жасалған жерi бойынша, ал осы
Кодексте көзделген жағдайларда әкiмшiлiк құқық бұзушылық туралы iсті қарау
ведомстволық бағыныстылығына жататын лауазымды адамның (уәкілетті мемлекеттік
органның) орналасқан жері бойынша қаралады. Өзіне қатысты әкімшілік құқық бұзушылық
туралы іс бойынша іс жүргізіліп жатқан тұлғаның өтінішхаты бойынша іс осы тұлғаның
тұрғылықты жері бойынша қаралуы мүмкін.
2. Осы
Кодекстiң 333, 334, 571, 572, 574, 590, 591, 592, 593, 594, 595, 596, 597, 598, 599
, 600, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 6
16, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631
және 632-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстер көлiк
құралдары, кемелер, оның iшiнде шағын көлемдi кемелер есепке алынған жер бойынша
немесе өзiне қатысты әкiмшiлiк құқық бұзушылық туралы iс бойынша іс жүргiзiлiп
жатқан тұлғаның тұрғылықты жерi бойынша да қаралуы мүмкiн.
3. Осы Кодекстiң 378, 379, 382, 383 және 440-баптарында көзделген әкiмшiлiк
құқық бұзушылықтар туралы iстер олар жасалған жер бойынша немесе өзiне қатысты
әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзiлiп жатқан тұлғаның
тұрғылықты жерi бойынша қаралады.
4. Кәмелетке толмағандардың, олардың ата-анасының немесе оларды алмастыратын
адамдардың әкiмшiлiк құқық бұзушылықтары туралы iстер өзiне қатысты әкiмшiлiк құқық
бұзушылық туралы іс бойынша iс жүргiзiлiп жатқан адамның тұрғылықты жерi бойынша
қаралады.
813-бап. Әкiмшiлiк құқық бұзушылық туралы iстi қарауға
әзiрлеу
1. Судья, орган (лауазымды адам) әкiмшiлiк құқық бұзушылық туралы iстi
қарауға әзiрлеу кезiнде мына мәселелердi:
1) аталған iстi қарау өздерiнiң құзыретiне жататынын;
2) аталған iстi судьяның, лауазымды адамның қарау мүмкiндiгiн болғызбайтын
мән-жайлардың болуын;
3) осы Кодексте көзделген әкiмшiлiк құқық бұзушылық туралы хаттаманың және
басқа да хаттамалардың дұрыс жасалғанын, сондай-ақ iстiң өзге де материалдарының
дұрыс ресiмделгенiн;
4) іс бойынша iс жүргiзудi болғызбайтын мән-жайлардың, сондай-ақ тұлғаны
әкiмшiлiк жауаптылыққа тартпауға мүмкiндiк беретiн мән-жайлардың болуын;
5) өтiнiшхаттардың, оның ішінде кәмелетке толмаған адамның қатысуымен болған
істер бойынша істі кәмелетке толмаған адамның тұратын жеріндегі сотта қарау туралы
өтiнiшхаттардың және бас тартудың болуын;
6) осы Кодекстiң 744, 745, 746, 747 және 748-баптарында аталған тұлғаларға
iстің қаралу орны мен уақыты туралы хабарланғанын анықтайды.
2. Осы баптың бірінші бөлігі 1), 3) және 6) тармақшаларының талаптары осы
Кодекстің 684-бабының үшінші бөлігіне сәйкес қаралған, сотқа құрметтемеушілік
білдіру фактілері туралы істерге қолданылмайды.
Ескерту. 813-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
814-бап. Судьяның, лауазымды адамның әкiмшiлiк құқық
бұзушылық туралы iстi қарау мүмкiндiгiн
болғызбайтын мән-жайлар
Қарауына әкiмшiлiк құқық бұзушылық туралы iс берiлген судья, лауазымды адам,
егер бұл тұлға:
1) жауаптылыққа тартылып отырған тұлғаның немесе жәбiрленушiнiң, олардың
өкiлдерiнiң, қорғаушының туысы болып табылған;
2) iстiң шешiлуiне жеке басы, тiкелей немесе жанама түрде мүдделi болған
жағдайларда, аталған iстi қарай алмайды.
815-бап. Судьяның, лауазымды адамның өздiгiнен бас тартуы
және оларға қарсылық білдіру
1. Осы Кодекстiң 814-бабында көзделген мән-жайлар болған кезде судья,
лауазымды адам өзiнiң бас тартатыны туралы мәлiмдеуге мiндеттi.
2. Осы Кодекстiң 814-бабында көзделген мән-жайлар болған кезде, өзiне қатысты
іс бойынша iс жүргiзiлiп жатқан тұлға, жәбiрленушi, жеке тұлғаның заңды өкілдері
мен заңды тұлғаның өкілдері, қорғаушы, прокурор судьяға, лауазымды адамға қарсылық
білдіруін мәлiмдеуге құқылы.
3. Өздiгiнен бас тарту, қарсылық білдіру туралы мәлiмдеме тиiстi соттың
төрағасына, жоғары тұрған лауазымды адамға берiледi.
4. Өздiгiнен бас тарту, қарсылық білдіру туралы мәлiмдеменi соттың төрағасы,
жоғары тұрған лауазымды адам келіп түскен күннен бастап бiр тәулiк iшiнде қарайды.
5. Өздiгiнен бас тарту, қарсылық білдіру туралы мәлiмдеменi қарау нәтижелерi
бойынша мәлiмдеменi қанағаттандыру туралы не оларды қанағаттандырудан бас тарту
туралы ұйғарым шығарылады.
816-бап. Әкiмшiлiк құқық бұзушылық туралы iстi қарауға
әзiрлеу кезiнде судья, орган (лауазымды адам)
қабылдайтын шешiм
1. Әкiмшiлiк құқық бұзушылық туралы iстi қарауға әзiрлеу кезiнде судья, орган
(лауазымды адам) мынадай:
1) iстiң қаралу уақыты мен орнын тағайындау туралы;
2) iс бойынша адамдарды шақыру, қажеттi қосымша материалдарды талап етіп
алдыру туралы, қажет болған жағдайда сараптама тағайындау туралы;
3) iстi қарауды кейiнге қалдыру туралы;
4) егер осы iстi қарау құзыретiне жатпаса не судьяға, лауазымды адамға
қарсылық білдіру туралы ұйғарым шығарылса, әкiмшiлiк құқық бұзушылық туралы
хаттаманы және iстiң басқа да материалдарын ведомстволық бағыныстылығы бойынша
қарауға беру туралы;
5) осы Кодекстiң 812-бабына сәйкес iстi мәнi бойынша қарауға беру туралы
шешім қабылдайды.
6) алып тасталды - ҚР 29.12.2014 № 272-V Заңымен (01.01.2015 бастап
қолданысқа енгізіледі).
2. Осы баптың бiрiншi бөлiгiнде көзделген шешiмдер ұйғарым түрiнде
шығарылады.
3. Осы баптың бiрiншi бөлiгiнiң 6) тармақшасында көзделген шешiм қаулы
түрiнде шығарылады.
4. Әкімшілік құқық бұзушылық туралы істерді қарауға уәкілеттік берілген
судья, органдар (лауазымды адамдар) іс жүргізуде нақ сол бір адамға қатысты
қозғалған екі және одан көп істің барын анықтай отырып, бұл істерді бірге қарау
үшін бір іс жүргізуге біріктіруге құқылы.
5. Осы Кодекстiң 744-бабының төртiншi бөлiгiнде, 746-бабының алтыншы
бөлiгiнде және 754-бабының бесiншi бөлiгiнде көзделген жағдайларда жауаптылыққа
тартылып отырған тұлғаның, оның өкiлiнiң, куәнiң дәлелсiз себептермен келмеуіне
байланысты әкiмшiлiк құқық бұзушылық туралы iстi қайта қарауға әзiрлеу кезiнде iстi
қарайтын судья, орган (лауазымды адам) аталған адамдарды күштеп әкелу туралы
ұйғарым шығаруға құқылы.
Ескерту. 816-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
817-бап. Әкiмшiлiк құқық бұзушылық туралы iстердi қарау
мерзiмдерi
1. Әкiмшiлiк құқық бұзушылық туралы iстер iстi қарауға құқылы судья, орган
(лауазымды адам) әкiмшiлiк құқық бұзушылық туралы хаттаманы және iстiң басқа да
материалдарын алған күннен бастап он бес тәулік ішінде қарайды.
2. Әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзуге қатысушылардан
өтiнiшхаттар түскен жағдайда не iстiң мән-жайларын қосымша анықтау қажет болған
кезде iстi қарап жатқан судья, орган (лауазымды адам) iстiң қаралу мерзiмiн
ұзартуы, бiрақ бiр айдан аспайтындай етіп ұзартуы мүмкiн. Мерзімді ұзарту туралы
уәжді ұйғарым шығарылады.
3. Жасалуы әкімшілік қамаққа алуға, Қазақстан Республикасының шегiнен тыс
әкiмшiлiк жолмен шығарып жiберуге әкеп соғатын әкiмшiлiк құқық бұзушылық туралы iс
әкiмшiлiк құқық бұзушылық туралы хаттама мен iстiң басқа да материалдары алынған
күнi, ал әкiмшiлiк ұстап алуға ұшыраған адамға қатысты – ол ұстап алынған кезден
бастап қырық сегiз сағаттан кешiктiрiлмей қаралады.
4. Егер өзіне қатысты әкімшілік құқық бұзушылық туралы іс қозғалған тұлға
солардың негізінде лауазымды адам әкімшілік құқық бұзушылық туралы іс қозғаған
тексеру нәтижелеріне және өзге де
мән-жайларға шағым жасаса, әкімшілік құқық бұзушылық туралы істі қарап жатқан
судья, орган (лауазымды адам) әкімшілік құқық бұзушылық туралы істің қаралу
мерзімін соттың тиісті шешімі шығарылғанға дейін және заңды күшіне енгенге дейін
немесе өзіне қатысты әкімшілік құқық бұзушылық туралы іс қозғалған тұлғаның шағымын
қарайтын органның (лауазымды адамның) шешіміне шағым жасаудың мерзімі өткенге дейін
ұзартады.
818-бап. Әкiмшiлiк құқық бұзушылық туралы iстердi қарау
тәртiбi
1. Судья, орган (лауазымды адам) әкiмшiлiк құқық бұзушылық туралы iстi
қарауға кiрiскенде:
1) iстi кiм қарайтынын, қандай iс қаралғалы жатқанын, кiм және осы Кодекстiң
қандай бабының негiзiнде жауаптылыққа тартылып отырғанын хабарлайды;
2) әкiмшiлiк жауаптылыққа тартылатын жеке тұлғаның немесе заңды тұлға
өкiлiнiң, сондай-ақ iстi қарауға қатысатын өзге де тұлғалардың келгенiне көз
жеткiзедi;
3) iс бойынша іс жүргiзуге қатысушылардың жеке басын анықтайды және жеке
тұлғаның заңды өкілдерінің немесе заңды тұлға өкiлдерiнiң, қорғаушының
өкiлеттiктерiн тексереді;
4) іс бойынша iс жүргiзуге қатысушылардың келмеу себептерiн анықтайды және
аталған адамдар болмағанда iсті қарау туралы не iсті қарауды кейiнге қалдыру туралы
шешiм қабылдайды;
5) қажет болған жағдайларда iсті қарау кезiнде қатысуы мiндеттi болып
табылатын адамды күштеп әкелу туралы ұйғарым шығарады, аудармашыны тағайындайды;
6) iсті қарауға қатысатын адамдарға олардың құқықтары мен мiндеттерiн, оның
ішінде мемлекеттік бюджет қаражаты есебінен тегін заң көмегін алу құқығын
түсiндiредi;
7) іс жүргізу тілін айқындайды, ана тiлiнде немесе өзіне қатысты іс
жүргізіліп жатқан адам бiлетiн басқа да тiлде мәлімдеме жасау, түсiнiктемелер мен
айғақтар беру, өтiнiшхаттар мәлімдеу, шағымдар жасау, іс материалдарымен танысу,
оны қарау кезiнде сөз сөйлеу, аудармашының көрсететін қызметтерін тегiн пайдалану
құқығын түсiндiредi;
8) мәлiмделген бас тартуды және өтiнiшхаттарды шешедi;
9) әкiмшiлiк құқық бұзушылық туралы хаттаманы, ал қажет болған кезде істің
өзге де материалдарын жариялайды;
10) өзiне қатысты iс бойынша iс жүргiзiлiп жатқан адамның түсiнiктемелерiн,
iс жүргiзуге қатысатын басқа да адамдардың айғақтарын, маманның түсiндiрмесiн және
сарапшының қорытындысын тыңдайды, өзге де дәлелдемелерді зерттейді, ал iстi қарауға
прокурор қатысқан жағдайда оның қорытындысын тыңдайды;
11) iсті қарауды кейiнге қалдыру туралы ұйғарымды: iс қарайтын судьяның не
лауазымды адамның, егер оған қарсылық білдіру iстi мәнi бойынша қарауға кедергi
келтiрсе, өздiгiнен бас тартуы немесе оған қарсылық білдіру туралы мәлiмдеуге; егер
қорғаушыға, уәкiлеттi өкiлге, сарапшыға немесе аудармашыға қарсылық білдіру iстi
мәнi бойынша қарауға кедергi келтiрсе, көрсетілген қарсылық білдіруге; iстi қарауға
қатысатын адамдардың келуі немесе iс бойынша қосымша материалдарды талап етіп
алдыру қажеттiгiне байланысты, сондай-ақ осы Кодекстiң 51-бабының екiншi бөлiгiнде
көзделген жағдайларда шығарады. Қажет болған жағдайда судья немесе орган (лауазымды
адам) сараптама тағайындау туралы ұйғарым шығарады;
12) осы Кодекстiң 816-бабында көзделген жағдайларда iстi мәнi бойынша қарауға
беру туралы ұйғарым шығарады.
2. Төрағалық етуші тікелей сот талқылауы барысында процеске қатысып отырған
адамның тарапынан сотты құрметтемеушілік фактісін анықтай отырып, факт туралы
жариялай отырып, осы баптың бірінші бөлігі 2), 4), 9) және 12) тармақшаларының
талаптарын сақтамастан, кінәлі адамға осы Кодекстің 653-бабында көзделген әкімшілік
жазаны қолдану туралы қаулы шығаруға құқылы.
Сот талқылауы барысында анықталған, процеске қатысып отырған адамның
тарапынан сотты құрметтемеушілік фактісі туралы істі судья (сот) тікелей осы сот
отырысында осы фактіні анықтап және сот отырысының хаттамасында тіркей отырып
қарайды.
3. Әкiмшiлiк құқық бұзушылық туралы іс қозғаған лауазымды адам немесе
өкілдерінің әкiмшiлiк құқық бұзушылық туралы істер қозғауға құқығы бар мемлекеттік
органның өкілі істі қарауға қатысқан жағдайда, олар құқық бұзушылықтың мәні бойынша
түсініктемелерді және оны жасауда адамның кінәлілігінің дәлелдемелерін бірінші
болып ұсынады.
4. Қажет болған жағдайларда осы Кодексте көзделген басқа да процестік
әрекеттер жүзеге асырылады.
819-бап. Әкiмшiлiк құқық бұзушылық туралы iстi қарау
кезiнде анықтауға жататын мән-жайлар
1. Судья, орган (лауазымды адам) әкiмшiлiк құқық бұзушылық туралы iстi қарау
кезiнде әкiмшiлiк құқық бұзушылықтың жасалғанын-жасалмағанын, осы тұлғаның оны
жасауға кiнәлiлiгiн-кінәсіздігін, оның әкiмшiлiк жауаптылыққа жататынын-
жатпайтынын, жауаптылықты жеңiлдететiн және ауырлататын мән-жайлардың бар-жоғын,
мүлiктiк залал келтiрiлгенiн-келтірілмегенін анықтауға, сондай-ақ iстiң дұрыс
шешілуі үшiн маңызы бар басқа да мән-жайларды анықтауға мiндеттi.
2. Жауаптылықты жеңілдететін мән-жайлар анықталған жағдайда судья, орган
(лауазымды адам) өзіне қатысты әкiмшiлiк құқық бұзушылық туралы іс қозғалған жеке
тұлғаға салынатын әкімшілік айыппұл сомасын қысқартуға, бірақ айыппұлдың жалпы
сомасының отыз пайызынан аспайтындай етіп қысқартуға құқылы.
820-бап. Сот отырысының хаттамасы
1. Бірінші сатыдағы соттың сот отырысында хаттама жүргізіледі. Егер өзіне
қатысты әкiмшiлiк құқық бұзушылық туралы iс бойынша іс жүргізіліп жатқан тұлға
әкiмшiлiк құқық бұзушылық туралы iстi қарау кезінде өз кінәсін толығымен мойындап,
дәлелдемелерді зерттеу қажеттігі туралы мәлімдемесе, хаттаманың жүргізілуі міндетті
емес. Бұл ретте жоғары тұрған сатылардағы сот iстi бiрiншi сатыдағы сот үшiн
көзделген қағидалар бойынша қарай келiп, iстiң дұрыс шешiлуi үшiн маңызы бар
қосымша материалдарды, алынған сараптама қорытындыларын зерттеу, отырысқа
шақыртылған тұлғалардан жауап алу қажет болған жағдайларда, сондай-ақ өз
бастамашылығы бойынша немесе өзіне қатысты әкімшілік құқық бұзушылық туралы іс
бойынша іс жүргізіліп жатқан тұлғаның өтінішхаты бойынша сот отырысының хаттамасын
жүргiзедi.
2. Сот отырысының хаттамасында мыналар:
1) отырыстың орны мен күні, оның басталу және аяқталу уақыты;
2) өзіне қатысты іс қаралып жатқан тұлға туралы мәліметтер: жеке тұлғалар
үшін – тегі, аты, әкесінің аты (ол болған кезде), туған күні, тұрғылықты жері, жеке
басын куәландыратын құжаттың атауы мен деректемелері, сәйкестендіру нөмірі,
тұрғылықты жері бойынша тіркелгені туралы мәліметтер, жұмыс орны; заңды тұлғалар
үшін – атауы, ұйымдық-құқықтық нысаны, орналасқан жері, заңды тұлға ретінде
мемлекеттік тіркеу нөмірі мен күні, сәйкестендіру нөмірі және банк деректемелері;
3) қаралып жатқан іс бойынша іс жүргізу тілі;
4) әкiмшiлiк құқық бұзушылық туралы қаралып жатқан iстің оқиғасы;
5) судьяның, сот отырысы хатшысының лауазымы, тегі, аты-жөні;
6) істі қарауға қатысатын тұлғалардың келгендігі туралы, келмеген тұлғаларға
белгіленген тәртіппен хабарланғаны туралы мәліметтер;
7) сот отырысының барысы;
8) қарсылық білдіру, өтінішхаттар және оларды қараудың нәтижелері;
9) әкiмшiлiк құқық бұзушылық туралы iс бойынша iс жүргізуге қатысушыларға
олардың құқықтары мен міндеттерін түсіндіру;
10) сот отырысына қатысушылар түсініктемелерінің, сұрақтары мен жауаптарының,
сөйлеген сөздерінің мазмұны;
11) қаралған материалдар мен құжаттар;
12) сот отырысы барысында шығарылған қаулыға, әкiмшiлiк құқық бұзушылық
туралы iс бойынша соттың шешіміне нұсқау, оған шағым жасаудың мерзімі мен тәртібін
түсіндіру;
13) сот отырысының хаттамасымен танысу және оған ескертулер беру мерзімін
түсіндіру көрсетіледі.
3. Хаттама іс қаралған күннен бастап бес тәуліктен кешіктірілмей жасалып,
оған судья және сот отырысының хатшысы қол қояды.
4. Судья өзiне қатысты әкiмшiлiк құқық бұзушылық туралы іс бойынша iс
жүргiзiлiп жатқан тұлғаға, әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзуге
басқа да қатысушыларға сот отырысының хаттамасымен танысу мүмкіндігін қамтамасыз
етуге міндетті.
5. Әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргізуге қатысушылар сот
отырысы хаттамасының жасалуының толықтығы мен анықтығына қатысты өз ескертулерін
оған қол қойылғаннан кейін бес тәулік ішінде ұсынуға құқылы.
6. Сот отырысының хаттамасына ескертулерді судья олар берілген күннен бастап
бес тәулік ішінде қарайды.
7. Сот отырысының хаттамасына ескертулерді қабылдау немесе қабылдамау туралы
судья уәжді қаулы шығарады. Қаулыға және сот отырысының хаттамасына ескертулер сот
отырысының хаттамасына қоса тігіледі.
821-бап. Әкiмшiлiк құқық бұзушылық туралы iстi қарау
нәтижелерi бойынша шешiмдердiң түрлерi
1. Әкiмшiлiк құқық бұзушылық туралы iстi қарап, судья, орган (лауазымды адам)
мынадай:
1) әкiмшiлiк жаза қолдану туралы;
2) іс бойынша iс жүргiзудi тоқтату туралы;
3) iстi осы әкiмшiлiк құқық бұзушылық үшiн өзгеше түрде немесе мөлшерде жаза
қолдануға құқылы судьяның, органның (лауазымды адамның) қарауына беру туралы,
сондай-ақ осы Кодекстiң 812-бабында көзделген жағдайларда iстi көлiк құралының
(кеменің, оның iшiнде шағын көлемдi кеменің) есепке алынған жері бойынша қарауға
беру туралы қаулылардың бiрiн шығарады.
2. Істі қарау нәтижесінде жасалған әрекетке заңдық бағаның дұрыс еместігін
мойындай отырып, судья, орган (лауазымды адам) құқық бұзушылықтың саралануын заңның
онша қатаң емес әкімшілік жазаны көздейтін бабына өзгертуге құқылы.
3. Көлік құралы жүргізушісін жол жүрісі қағидаларын білуін тексеру үшін
емтихан тапсыруға жіберген кезде жол жүрісі қағидаларын білуін тексеруге жіберу
туралы қаулы шығарылады, оның көшірмесі емтихан тапсыруға жіберілген адамға
беріледі.
4. Өзіне қатысты іс қаралған тұлғаның әрекеттерінде осы Кодекстің басқа
бабында немесе 2-бөлімі Ерекше бөлігі бабының бөлігінде көзделген әкiмшiлiк құқық
бұзушылық белгілері анықталған жағдайда, сот құқық бұзушылықтың саралануын заңның
онша қатаң емес әкiмшiлiк жаза көздейтiн бабына немесе бабының бөлігіне өзгертуге
құқылы.
5. Іс бойынша іс жүргiзудi тоқтату туралы қаулы:
1) осы Кодекстiң 741-бабында көзделген іс бойынша iс жүргiзудi болғызбайтын
мән-жайлар болған;
2) осы Кодекстiң 742-бабында көзделген әкiмшiлiк жауаптылыққа тартпауға
мүмкiндiк беретiн мән-жайлар болған;
3) осы Кодекстiң 32-бабына сәйкес тұлғаны тәртiптiк жауаптылыққа тарту туралы
мәселенi шешу үшiн iс материалдары тиiстi органдарға берілетiн жағдайларда
шығарылады.
822-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
қаулы
1. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыда:
1) қаулы шығарған судьяның, лауазымды адамның лауазымы, тегі, аты-жөні;
2) iстiң қаралған күнi мен орны;
3) өзiне қатысты iс қаралған тұлға туралы мәлiметтер: жеке тұлғалар үшiн –
тегi, аты, әкесiнiң аты (ол болған кезде), туған жылы, айы, күнi, тұрғылықты жерi,
жеке басын куәландыратын құжаттың атауы мен деректемелерi, сәйкестендіру нөмiрi,
тұрғылықты жерi бойынша тiркелгенi туралы мәлiметтер, жұмыс орны; заңды тұлғалар
үшiн – атауы, ұйымдық-құқықтық нысаны, орналасқан жерi, заңды тұлға ретiнде
мемлекеттiк тiркеу нөмiрi мен күнi, сәйкестендіру нөмiрi және банк деректемелерi;
4) қаралып жатқан iс бойынша iс жүргiзу тiлi;
5) осы Кодекстiң әкiмшiлiк құқық бұзушылық үшiн жауаптылық көзделетiн бабы;
6) iстi қарау кезiнде анықталған мән-жайлар;
7) iс бойынша шешiм;
8) қаулыға шағым жасаудың тәртiбi мен мерзімдері;
9) айыппұлды ерікті түрде төлеу немесе әкімшілік жазаның өзге түрін орындау
мерзімдері көрсетілуге тиіс.
2. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулы заңды және негізделген
болуға тиiс.
Егер судья әкiмшiлiк құқық бұзушылық үшiн жаза қолдану туралы мәселенi шешу
кезiнде кiнәлiнiң мүлiктiк залалды өтеуi туралы мәселенi бiр мезгiлде шешсе, онда
қаулыда өндіріп алуға жататын залалдың мөлшерi, оны өтеу мерзiмi мен тәртiбi
көрсетiледi.
Қазақстан Республикасының шегінен әкімшілік жолмен шығарып жіберу туралы
шешім шығарылған кезде, шетелдіктің немесе азаматтығы жоқ адамның Қазақстан
Республикасының аумағын сол мерзім ішінде тастап кетуге тиіс қисында мерзім
көрсетіледі.
3. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыда жеке тұлғаның өзімен
бірге алып жүрген, алынып қойылған заттары мен құжаттары туралы, заңды тұлғаға
тиесiлi алынып қойылған құжаттар мен мүлiк туралы мәселелер шешiлуге тиiс, бұл
ретте:
1) әкiмшiлiк құқық бұзушылық жасаудың құралдары не нысанасы болған және
әкiмшiлiк жауаптылыққа тартылған жеке немесе заңды тұлғаға тиесiлi заттар осы
Кодекстiң 2-бөлiмiнің Ерекше бөлiгi нормаларының санкцияларында көзделген
жағдайларда тәркiленедi не тиiстi мекемелерге берiледi немесе жойылады; қалған
жағдайларда тиесiлiлігі бойынша қайтарылады;
2) айналысына тыйым салынған заттар тиiстi мекемелерге берiледi немесе
жойылады;
3) құнды болып табылмайтын және пайдалануға келмейтін заттар жойылуға жатады,
ал мүдделi тұлғалар өтiнiшхат берген жағдайларда оларға берiлуi мүмкiн;
4) заттай дәлелдемелер болып табылатын құжаттар iсте оның бүкiл сақталу
мерзiмi iшiнде қалады не мүдделi тұлғаларға берiледi.
4. Қаулы шығарған судья, лауазымды адам әкiмшiлiк құқық бұзушылық туралы iс
бойынша қаулыға қол қояды.
823-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
қаулыны жариялау және қаулының көшiрмесiн
тапсыру
1. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулы iс қаралып бiткен соң
дереу жарияланады.
2. Әкімшілік құқық бұзушылық туралы іс бойынша өзіне қатысты қаулы шығарылған
жеке тұлғаға немесе заңды тұлғаның өкіліне, сондай-ақ жәбірленушіге, жеке тұлғаның
заңды өкіліне, әкiмшiлiк құқық бұзушылық туралы iс қозғаған уәкілетті органға
(лауазымды адамға) қаулының көшірмесі ол жарияланған күннен бастап үш тәулік ішінде
тапсырылады және (немесе) жіберіледі.
Әкiмшiлiк қамаққа алу туралы қаулы шығарылған, сондай-ақ іс бойынша іс
жүргізу тоқтатылған жағдайда қаулының көшiрмесi прокурорға дереу жiберiледi.
3. Ұйым атыс қаруын, сондай-ақ оқ-дәрiлердi қызметтiк мiндеттерiн орындауына
байланысты сенiп берген немесе уақытша пайдалануға берген тұлғаға қатысты осы
Кодекстiң 436 және 484-баптарында көзделген әкiмшiлiк құқық бұзушылық туралы iстер
бойынша қаулының көшiрмесi тиiстi ұйымға жiберiледi.
Ескерту. 823-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
824-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
ұйғарым
Әкiмшiлiк құқық бұзушылық туралы iс бойынша ұйғарымда шағым жасаудың мерзiмi
мен тәртiбiн қоспағанда, осы Кодекстiң 822-бабының бiрiншi бөлiгiнде көзделген
мәлiметтер көрсетiлуге тиiс.
825-бап. Жаңылыс, қате жазуларды және арифметикалық
қателерді түзету
1. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулы шығарған судья, орган
(лауазымды адам) іс бойынша іс жүргізуге қатысушылардың, әкiмшiлiк құқық бұзушылық
туралы iс бойынша қаулыны орындайтын сот орындаушысының, органның (лауазымды
адамның) арызы бойынша немесе өз бастамашылығымен: қаулыда жіберілген жаңылыс, қате
жазуларды және арифметикалық қателерді қаулының мазмұнын өзгертпей түзетуге құқылы.
2. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағымдарды,
наразылықтарды қарау нәтижелері бойынша қабылданған қаулыдағы жаңылыс, қате
жазуларды және арифметикалық қателерді түзету осы бапта белгіленген тәртіппен
жүргізіледі.
3. Жаңылыс, қате жазуларды және арифметикалық қателерді түзетулер туралы
арызды қарау арыз түскен күннен бастап үш тәулік ішінде жүргізіледі.
4. Жаңылыс, қате жазуларды немесе арифметикалық қатені түзету ұйғарым түрінде
жүргізіледі.
5. Ұйғарымның көшірмесі ол шығарылған күннен бастап үш тәулік ішінде іс
бойынша іс жүргізуге қатысушыларға, қаулыны орындайтын сот орындаушысына, органға
(лауазымды адамға), сондай-ақ әкiмшiлiк құқық бұзушылық туралы хаттаманы жасаған
органға (лауазымды адамға) жіберіледі.
826-бап. Жекеше қаулы және ұсыну
1. Заңдылықты бұзу жағдайлары айқындалған, сондай-ақ әкімшілік құқық
бұзушылықтарды жасауға ықпал еткен себептер мен жағдайлар анықталған кезде судья
жекеше қаулы шығарады, ал орган (лауазымды адам) бұларды жою жөнінде шаралар
қолдану туралы тиісті ұйымға және лауазымды адамдарға ұсыну енгізеді.
Органның (лауазымды адамның) ұсынуына мамандандырылған аудандық және оған
теңестірілген әкімшілік сотқа оны алған күннен бастап он тәулік ішінде шағым
берілуі мүмкін. Соттың жекеше қаулысына оны алған күннен бастап он тәулік ішінде
шешімі шағым жасалуға, наразылық келтіруге жатпайтын жоғары тұрған сотқа шағым
жасалуы мүмкін.
2. Ұйымдардың басшылары және басқа да лауазымды адамдар жекеше қаулы мен
ұсынуды алған күннен бастап бір ай ішінде қарауға және қолданған шаралар туралы
жекеше қаулы шығарған судьяға немесе ұсыну енгізген органға (лауазымды адамға)
хабарлауға міндетті.
44-тарау. ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ ІС БОЙЫНША ІС
ЖҮРГІЗУДІ ЖҮЗЕГЕ АСЫРАТЫН ОРГАННЫҢ (ЛАУАЗЫМДЫ АДАМНЫҢ)
ӘРЕКЕТТЕРІНЕ (ӘРЕКЕТСІЗДІГІНЕ) ШАҒЫМ ЖАСАУ 827-бап. Шағым беру тәртібі
1. Әкімшілік құқық бұзушылық туралы іс бойынша іс жүргізуді жүзеге асыратын
органның (лауазымды адамның) әрекеттеріне (әрекетсіздігіне) жоғары тұрған органға
(лауазымды адамға) және (немесе) мамандандырылған аудандық және оған теңестірілген
әкімшілік сотқа шағым жасалуы мүмкін. Жоғары тұрған органға (лауазымды адамға)
алдын ала жүгіну сотқа арыз беру және соттың оны қарауға және мәні бойынша шешуге
қабылдауы үшін міндетті шарт болып табылмайды.
2. Шағымдар оларды қарауға және олар бойынша шешім қабылдауға заңмен
уәкілеттік берілген мемлекеттік органға немесе сол лауазымды адамға беріледі.
Шағымды қарауды әрекетіне (әрекетсіздігіне) шағым жасалған лауазымды адамға
тапсыруға тыйым салынады.
3. Шағымдар ауызша және жазбаша болуы мүмкін. Ауызша шағымдар хаттамаға
енгізіледі, оған арыз беруші және шағымды қабылдаған лауазымды адам қол қояды.
Тиісті лауазымды адамдардың қабылдауында адамдар баяндаған ауызша шағымдар жазбаша
түрде берілген шағымдармен жалпы негіздерде шешіледі. Шағымға қосымша материалдар
қоса берілуі мүмкін.
4. Іс бойынша іс жүргізіліп жатқан тілді білмейтін адамға шағымды өзінің ана
тілінде немесе өзі білетін тілде беру құқығы қамтамасыз етіледі.
5. Шағым берген тұлға оны қайтарып алуға құқылы. Өзіне қатысты іс қозғалған
тұлға, жәбірленуші, заңды өкілін қоспағанда, өзінің қорғаушысының, өкілінің шағымын
қайтарып алуға құқылы. Өзіне қатысты іс қозғалған тұлғаның мүддесінде берілген
шағым тек оның жазбаша келісімі арқылы ғана қайтарылуы мүмкін. Шағымды қайтарып алу
оның қайта берілуіне кедергі келтірмейді.
6. Шағым беру шағым жасалып жатқан әрекеттің жүргізілуін және шағым жасалып
жатқан шешімнің орындалуын тоқтата тұрмайды.
Ескертпе. Егер тиiстi әкiмшiлiк-аумақтық бiрлiктiң аумағында мамандандырылған
ауданаралық әкiмшiлiк сот құрылмаған болса, олардың соттылығына жатқызылған iстердi
аудандық (қалалық) соттар қарауға құқылы.
828-бап. Шағым беру мерзімі
1. Адам өз құқықтарының, бостандықтары мен заңды мүдделерінің бұзылуы туралы
өзіне белгілі болған күннен бастап екі ай ішінде жоғары тұрған органға (лауазымды
адамға) және (немесе) сотқа шағыммен жүгінуге құқылы.
2. Шағым беру мерзімін өткізіп алу шағымды қабылдаудан бас тартуға негіз
болып табылмайды. Мерзімді өткізіп алудың себептері шағымды мәні бойынша қарау
кезінде анықталады және шағымды қанағаттандырудан бас тарту негіздерінің бірі болып
табылуы мүмкін.
829-бап. Шағымды қарау тәртібі
1. Шағымды қарай отырып, судья немесе орган (лауазымды адам) онда жазылған
дәлелдерді жан-жақты тексеруге, қажет болған кезде қосымша материалдарды талап етіп
алдыруға, тиісті лауазымды адамдардан, жеке және заңды тұлғалардан шағым жасалып
жатқан әрекеттерге қатысты түсіндірмелер алуға міндетті.
2. Шағым келіп түскен күннен бастап он тәулік ішінде қаралуға жатады. Шағымды
қарау нәтижелері бойынша шағымды қанағаттандыру туралы не оны қанағаттандырудан бас
тарту туралы қаулы қабылданады.
Шағымды қанағаттандырудан бас тарту туралы қаулы органның (лауазымды адамның)
қаулысының көшірмесін алған кезден бастап он тәулік ішінде – мамандандырылған
аудандық және оған теңестірілген әкімшілік сотқа, сот қаулысы – шешімі шағым
жасалуға, наразылық келтіруге жатпайтын жоғары тұрған сотқа шағым жасалуға жатады.
3. Қаулының көшірмесі жеке тұлғаға немесе заңды тұлғаның өкіліне кідіртілмей
тапсырылады, ал бұл тұлғалар болмаған жағдайда, қаулы шығарылған күннен бастап бір
тәулік ішінде оларға жіберіледі.
4. Шағымды қарайтын орган (лауазымды адам) немесе судья өз өкілеттіктері
шегінде әкімшілік құқық бұзушылық туралы іс бойынша іс жүргізуге қатысушылардың,
сондай-ақ өзге тұлғалардың бұзылған құқықтары мен заңды мүдделерінің қалпына
келтірілуіне дереу шаралар қолдануға міндетті.
45-тарау. ӘКІМШІЛІК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ ІСТЕР БОЙЫНША ЗАҢДЫ
КҮШІНЕ ЕНБЕГЕН ҚАУЛЫЛАРДЫ АПЕЛЛЯЦИЯЛЫҚ ТӘРТІППЕН ҚАЙТА ҚАРАУ 830-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
қаулыға шағым жасау, наразылық келтіру құқығы
1. Әкімшілік құқық бұзушылық туралы iс бойынша қаулыға осы
Кодекстiң 744, 745, 746, 747 және 748-баптарында аталған тұлғалар шағым жасауы,
сондай-ақ прокурор наразылық келтіруі мүмкін.
2. Мамандандырылған аудандық және оған теңестiрiлген әкiмшiлiк сот және
кәмелетке толмағандардың істері жөніндегі сот судьясының әкiмшiлiк жаза қолдану
туралы қаулысына жоғары тұрған сотқа шағым жасалуы, наразылық келтiрiлуi мүмкiн.
3. Осы Кодекстің 818-бабы екінші бөлігінің тәртібімен судья (сот) шығарған
сотты құрметтемеушілік фактісі туралы іс бойынша қаулыға жоғары тұрған сатыдағы
сотқа шағым жасалуы, наразылық келтірілуі мүмкін. Жоғарғы Сот алқасының сотты
құрметтемеушілік фактісі туралы іс бойынша сот отырысында шығарған қаулылары қайта
қаралуға жатпайды.
4. Әкiмшiлiк құқық бұзушылық туралы iс бойынша орган (лауазымды адам)
шығарған қаулыға жоғары тұрған органға (лауазымды адамға) немесе органның
(лауазымды адамның) орналасқан жері бойынша мамандандырылған аудандық және оған
теңестiрiлген әкiмшiлiк сотқа және кәмелетке толмағандардың істері жөніндегі сотқа
шағым жасалуы, наразылық келтірілуi мүмкiн.
5. Осы Кодекстiң 744, 745, 746, 747 және 748-баптарында аталған тұлғалардың
жоғары тұрған органға (лауазымды адамға) алдын ала жүгінуі сотқа шағым беру және
соттың оны мәні бойынша қарауға және шешуге қабылдауы үшін міндетті шарт болып
табылмайды.
831-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
қаулыға шағым жасау, наразылық келтіру тәртiбi
1. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағым iс бойынша қаулы
шығарған судьяға, органға (лауазымды адамға) жiберiледi, ол шағым, наразылық түскен
күннен бастап үш тәулік iшiнде оларды iстiң барлық материалдарымен бірге тиiстi
сотқа, жоғары тұрған органға (лауазымды адамға) жiберуге мiндеттi.
2. Сотты құрметтемеушілік фактісі туралы iс бойынша қаулыға осы
Кодекстің 830-бабының үшінші бөлігіне сәйкес шағым жасалған, наразылық келтірілген
жағдайда, сот отырысы хаттамасынан фактінің анықталған бөлігінде үзінді көшірмені
сот қаулыға қоса береді.
3. Шағымдарды, наразылықтарды қарауға уәкілеттік берілген сотқа, жоғары
тұрған органға (лауазымды адамға) шағым берілуі, ал наразылық тікелей енгізілуі
мүмкін.
4. Судьяның әкiмшiлiк қамаққа алу түрiнде жаза қолдану туралы қаулысына
шағым, наразылық жоғары тұрған сотқа шағым, наразылық алынған күнi жіберілуге
жатады.
5. Егер шағымды, наразылықты қарау әкiмшiлiк құқық бұзушылық туралы iс
бойынша қаулыға шағым жасалған, наразылық келтірілген судьяның құзыретiне жатпайтын
болса, шағым, наразылық ведомстволық бағыныстылығы бойынша жiберiледi.
832-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
қаулыға шағым жасау, наразылық келтіру мерзiмi
1. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағым, наразылық
қаулының көшiрмесi тапсырылған күннен бастап он тәулік iшiнде, ал егер осы
Кодекстiң 744, 745, 746, 747 және 748-баптарында аталған тұлғалар iстi қарауға
қатыспаса, оны алған күннен бастап берiлуi мүмкiн.
2. Салықтық тексеру нәтижелері бойынша анықталған, Қазақстан
Республикасының Салық кодексінде белгіленген салықтық міндеттеменің немесе
Қазақстан Республикасының зейнетақымен қамсыздандыру туралы және
міндетті әлеуметтік сақтандыру туралы заңнамасында көзделген міндеттердің
орындалмауына немесе тиісінше орындалмауына байланысты шығарылған, әкiмшiлiк құқық
бұзушылық туралы iс бойынша қаулыға шағым, наразылық қаулының көшiрмесi тапсырылған
немесе алынған күннен бастап отыз тәулік iшiнде берiлуi мүмкiн.
3. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға жоғары тұрған органға
(лауазымды адамға) шағым жасалса, наразылық келтірілсе, осы баптың бірінші
бөлігінде көзделген мерзім осы Кодекстiң 744, 745, 746, 747 және 748-баптарында
аталған тұлғалардың шағым (наразылық) бойынша шешімнің көшірмелерін алған кезінен
бастап есептеледі.
4. Осы баптың бiрiншi бөлiгiнде көрсетiлген мерзiмдi дәлелдi себептермен
өткiзiп алған жағдайда, өзiне қатысты қаулы шығарылған адамның арызы бойынша
шағымды қарауға құқылы сот, орган (лауазымды адам) бұл мерзімді қалпына келтiруi
мүмкiн.
833-бап. Шағымның (наразылықтың) мазмұны
1. Шағым (наразылық) жазбаша түрде берiледi және онда:
1) шағым берiлiп отырған соттың, жоғары тұрған органның (лауазымды адамның)
атауы;
2) шағым немесе наразылық берушiнiң тегі, аты және әкесінің аты (ол болған
кезде) (заңды тұлғаның дәл атауы), тұрақты тұрғылықты жерi немесе орналасқан жерi
(пошта мекенжайы);
3) құқықтық актiсiне немесе әрекетiне наразылық берiлiп отырған органның
немесе мекеменiң атауы не лауазымды адамның тегi мен лауазымы;
4) шағым жасалып немесе наразылық келтіріліп отырған құқықтық актiнiң немесе
әрекеттiң мазмұны, сондай-ақ шағым немесе наразылық берушi құқықтық акт немесе
әрекеттер өзiнiң құқықтарын және бостандықтарын бұзады деп есептейтiн себептер;
5) шағым немесе наразылық берушi айқын тұжырымдаған өтінішхат көрсетiлуге
тиiс.
2. Шағымға немесе наразылыққа оны берушi қол қояды. Заңды тұлғаның атынан
берiлетін шағымға оның өкiлi немесе осыған уәкiлеттiк берілген басқа да тұлға қол
қояды.
3. Егер шағым немесе наразылық басқа тұлғаның мүддесiнде берiлсе, онда
мүддесi үшін шағым немесе наразылық берiлiп отырған адамның аты мен тегi, тұрақты
тұрғылықты жерi немесе орналасқан жерi (пошта мекенжайы) көрсетілуі қажет. Шағымға
өкiлеттiктi растайтын құжат қоса беріледі.
4. Шағым немесе наразылық екi данада, сот, орган, (лауазымды адам) шығарған,
шағым жасалып немесе наразылық келтіріліп отырған құқықтық актінің көшірмесі,
сондай-ақ шағымда немесе наразылықта келтірілген дәлелдерге негiздеме ретінде өзге
де құжаттар қоса беріледі.
5. Келтірілген шағым, наразылық осы баптың бірінші бөлігінде көзделген
талаптарға сәйкес келмеген жағдайда, олар берілді деп есептеледі, бірақ мерзімі
көрсетіле отырып, толық ресімдеуге қайтарылады. Егер көрсетілген мерзім ішінде
шағым, наразылық қайта жасалғаннан кейін сотқа, жоғары тұрған органға (лауазымды
адамға) берілмесе, олар берілмеген деп есептеледі.
834-бап. Шағым берiлуiне немесе наразылық келтірілуiне
байланысты қаулының орындалуын тоқтата тұру
1. Шағымды белгiленген мерзiмде беру әкiмшiлiк жаза қолдану туралы қаулының
орындалуын шағым қаралғанға дейiн тоқтата тұрады.
2. Прокурордың әкiмшiлiк жаза қолдану туралы қаулының орындалуын оның
заңдылығын тексеру кезiнде тоқтата тұруға, уәкiлеттi лауазымды адамдар мен
органдарға (соттан басқа) қосымша тексеру жүргiзу туралы жазбаша нұсқаулар беруге
құқығы бар. Тексеру нәтижелерi бойынша прокурор тиiстi органға қаулының күшiн жою
немесе оны өзгерту туралы наразылық енгізеді немесе қаулының орындалуын тоқтата
тұрудың күшiн жояды.
3. Прокурордың наразылық келтіруі қаулының орындалуын наразылық қаралғанға
дейiн тоқтата тұрады.
835-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
қаулыға шағымды, наразылықты қарау мерзiмдерi
1. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағым, наразылық
түскен күнінен бастап он тәулік ішінде қаралуға жатады.
2. Әкiмшiлiк қамаққа алу туралы қаулыға шағым, наразылық, егер жауаптылыққа
тартылған адам әкiмшiлiк қамаққа алуды өтеп жатса, шағым немесе наразылық берiлген
кезден бастап бiр тәулiк iшiнде қаралуға жатады.
3. Әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзуге қатысушылардан
өтiнiшхаттар түскен жағдайда не iстiң мән-жайларын қосымша анықтау қажет болған
кезде, шағымның, наразылықтың қаралу мерзiмiн iстi қарап жатқан жоғары тұрған
судья, жоғары тұрған орган (лауазымды адам) ұзартуы, бірақ он тәуліктен аспайтын
мерзімге ұзартуы мүмкiн. Сот, орган (лауазымды адам) шағымды (наразылықты) қарау
мерзімін азаматтық, қылмыстық немесе әкімшілік сот ісін жүргізуде қаралып жатқан
басқа іс шешілгенге дейін оны қарау мүмкін болмаған кезде тоқтата тұруға міндетті.
Мерзімді ұзарту туралы уәжді ұйғарым шығарылады.
836-бап. Әкімшілік құқық бұзушылық туралы iс бойынша
қаулыға шағымды, наразылықты жоғары тұрған сот
судьясының, жоғары тұрған орган басшысының
немесе оның орынбасарының жеке-дара қарауы
Мамандандырылған аудандық және оған теңестірілген әкімшілік сот және
кәмелетке толмағандардың істері жөніндегі сот судьясының, органның (лауазымды
адамның) әкімшілік құқық бұзушылық туралы iс бойынша қаулысына шағымды, наразылықты
жоғары тұрған соттың судьясы, жоғары тұрған лауазымды адам немесе жоғары тұрған
органның басшысы (басшының орынбасары) жеке-дара қарайды.
Осы Кодекстің 818-бабының екінші бөлігінде көзделген тәртіппен судья (сот)
шығарған сотты құрметтемеушілік фактісі туралы іс бойынша сот қаулысына шағымды,
наразылықты жоғары тұрған соттың судьясы жеке-дара қарайды, ал мұндай қаулыны
апелляциялық немесе кассациялық сатыдағы сот шығарған жағдайда, жоғары тұрған
сатыдағы сот алқасы қарайды.
837-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
қаулыға шағымды, наразылықты қарауға әзiрлеу
Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағымды, наразылықты
қарауға әзiрлеу кезiнде судья, жоғары тұрған орган, (лауазымды адао( �
1) іс бойынша iс жүргiзудi болғызбайтын мән-жайлардың бар-жоғын анықтайды;
2) өтiнiшхатты шешедi, қосымша материалдарды талап етіп алдырады, шағымды,
наразылықты қарау үшiн қатысуы қажет деп танылған тұлғаларды шақырады; қажет болған
кезде судья сараптама тағайындайды;
3) егер шағымды, наразылықты қарау өзiнiң құзыретiне жатпаса, оларды істің
барлық материалдарымен ведомстволық бағыныстылығы бойынша жiбередi.
838-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
қаулыға шағымды, наразылықты қарау
1. Судья, жоғары тұрған орган (лауазымды адам) әкiмшiлiк құқық бұзушылық
туралы iс бойынша қаулыға шағымды, наразылықты қарауға кiрiскенде:
1) шағымды, наразылықты кiм қарайтынын; қандай шағым, наразылық қаралуға
жататынын; шағымды, наразылықты кiм бергенiн жариялайды;
2) iс бойынша өзiне қатысты қаулы шығарылған жеке тұлғаның немесе заңды тұлға
өкiлiнiң, сондай-ақ шағымды, наразылықты қарауға қатысу үшiн шақырылған адамдардың
келгенiне көз жеткiзедi;
3) жеке немесе заңды тұлға өкiлдерiнiң, қорғаушының және өкiлдiң
өкiлеттiктерін тексередi;
4) іс бойынша iс жүргiзуге қатысушылардың келмеу себептерiн анықтайды және
олардың қатысуынсыз шағымды, наразылықты қарау туралы не шағымды, наразылықты
қарауды кейiнге қалдыру туралы шешiм қабылдайды;
5) шағымды, наразылықты қарауға қатысатын тұлғаларға олардың құқықтары мен
мiндеттерiн түсiндiредi;
6) мәлiмделген қарсылық білдірулерді және өтiнiшхаттарды шешедi;
7) әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағымды, наразылықты,
ал қажет болған кезде істің өзге де материалдарын жария етеді.
2. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағымды, наразылықты
қарау кезiнде iсте бар және қосымша ұсынылған материалдар бойынша шығарылған
қаулының заңдылығы мен негiздiлiгi тексерiледi. Судья, жоғары тұрған орган
(лауазымды адам) шағымның, наразылықтың дәлелдерiмен байланысты емес және iстi
толық көлемде тексередi, бұл ретте ол жаңа фактiлердi анықтауға және жаңа
дәлелдемелердi зерттеуге құқылы.
3. Судья, жоғары тұрған орган (лауазымды адам) шақырылған адамдардың
келмеуіне, iс бойынша қосымша материалдарды талап етіп алдыруға, сараптама
тағайындауға байланысты және шағымды, наразылықты толық, жан-жақты және объективтi
қарау үшiн қажет болған басқа жағдайларда, шағымның, наразылықтың қаралуын кейiнге
қалдыруға құқылы.
4. Егер әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағым сотқа және
жоғары тұрған органға (лауазымды адамға) бiр мезгiлде келiп түссе, онда шағымды сот
қарайды.
839-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
қаулыға шағым, наразылық бойынша шешiм
1. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағымды, наразылықты
қарап, судья, жоғары тұрған орган (лауазымды адам) мынадай:
1) қаулыны өзгеріссіз, ал шағымды, наразылықты қанағаттандырусыз қалдыру
туралы;
2) қаулыны өзгерту туралы;
3) осы Кодекстiң 741 және 742-баптарында көзделген мән-жайлар болған кезде,
сондай-ақ қаулы шығарылғанда негізге алынған мән-жайлар дәлелденбеген кезде
қаулының күшiн жою және iстi тоқтату туралы;
4) iс бойынша қаулының күшiн жою және жаңа қаулы шығару туралы;
5) егер шағымды, наразылықты қарау кезiнде қаулыны құқығы жоқ судья, орган
(лауазымды адам) шығарғаны анықталса, қаулының күшiн жою және iстi ведомстволық
бағыныстылығы бойынша қарауға жiберу туралы шешiмдердiң бiрiн қабылдайды.
2. Шағымды, наразылықты қарау нәтижелерi бойынша шешiм iс бойынша қаулыға
шағым, наразылық бойынша қаулы түрiнде шығарылады. Қаулыда осы Кодекстiң 822-
бабының бiрiншi бөлiгiнде көрсетілген мәлiметтер қамтылуға тиiс.
3. Мамандандырылған аудандық және оған теңестiрiлген әкiмшiлiк сот және
кәмелетке толмағандардың істері жөніндегі сот судьясының қаулысына шағым, наразылық
бойынша жоғары тұрған сот судьясының қаулысына, сондай-ақ осы баптың бiрiншi
бөлiгiнiң 5) тармақшасында көзделген жағдайда судья шығарған қаулыға осы
Кодекстiң 46-тарауында көзделген тәртiппен наразылық келтірілуі мүмкiн. Әкiмшiлiк
құқық бұзушылық туралы iс бойынша қаулыға шағым, наразылық бойынша жоғары тұрған
органның (лауазымды адамның) қаулысына осы Кодексте белгiленген тәртiппен сотқа
шағым жасалуы, наразылық келтірілуі мүмкiн.
840-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
қаулының күшiн жою немесе оны өзгерту негiздерi
Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулының күшiн жоюға не оны
өзгертуге және қаулы шығаруға мыналар:
1) судьяның, органның (лауазымды адамның) әкiмшiлiк құқық бұзушылық туралы iс
бойынша қаулыда жазылған iстiң нақты мән-жайлары туралы түйіндерінің шағымды,
наразылықты қарау кезiнде зерттелген дәлелдемелерге сәйкес келмеуi;
2) әкiмшiлiк жауаптылық туралы заңның дұрыс қолданылмауы;
3) осы Кодекстiң процестік нормаларының елеулi түрде бұзылуы;
4) қаулымен қолданылған әкiмшiлiк жазаның жасалған құқық бұзушылық сипатына,
кiнәлiнiң жеке басына немесе заңды тұлғаның мүлiктiк жағдайына сәйкес келмеуi
негіздер болып табылады.
841-бап. Судьяның, органның (лауазымды адамның)
әкiмшiлiк құқық бұзушылық туралы iс бойынша
қаулыда жазылған iстiң нақты мән-жайлары туралы
түйіндерінің шағымды, наразылықты қарау кезiнде
зерттелген дәлелдемелерге сәйкес келмеуi
1. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыда жазылған iстiң нақты
мән-жайлары туралы түйіндердің шағымды, наразылықты қарау кезiнде зерттелген
дәлелдемелерге сәйкес келмейтiнiн анықтап, судья, жоғары тұрған орган (лауазымды
адам) бұл қаулының күшiн толық немесе iшiнара жояды және шағымды, наразылықты қарау
нәтижелерiне сәйкес жаңа қаулы шығарады.
2. Судья, жоғары тұрған орган (лауазымды адам) шағымды, наразылықты қарау
процесiнде зерттелген дәлелдемелердi бағалай келіп, әкiмшiлiк құқық бұзушылық
туралы iс бойынша қаулыда анықталмаған немесе қаулы шығарған судья, орган
(лауазымды адам) назарға алмаған фактiлердi дәлелдендi деп тануға құқылы.
842-бап. Әкiмшiлiк жауаптылық туралы заңды дұрыс қолданбау
1. Мыналар әкiмшiлiк жауаптылық туралы заңды дұрыс қолданбау болып табылады:
1) осы Кодекстiң 1-бөлiмiнiң және 2-бөлiмi Жалпы бөлiгiнiң талаптарын бұзу;
2) осы Кодекстiң 2-бөлiмi Ерекше бөлiгiнiң қолданылуға жататын бабынан немесе
бабының бөлiгiнен басқасын қолдану;
3) осы Кодекстiң 2-бөлiмi Ерекше бөлiгiнiң тиiстi бабының санкциясында
көзделгеннен анағұрлым қатаң әкiмшiлiк жаза қолдану.
2. Шағымды, наразылықты қарау нәтижесiнде жасалған әрекетке берiлген заңдық
бағаны дұрыс емес деп танып, жоғары тұрған соттың судьясы, жоғары тұрған орган
(лауазымды адам) құқық бұзушылықтың саралануын заңның онша қатаң емес әкiмшiлiк
жаза көзделген бабына өзгертуге құқылы.
3. Судья, жоғары тұрған орган (лауазымды адам) шағымды, наразылықты қарау
нәтижелерi бойынша анағұрлым қатаң әкiмшiлiк жаза көзделетін заңды қолдануға немесе
осы негiздер бойынша жәбiрленушi шағым берген немесе прокурор наразылық келтірген
жағдайда ғана анағұрлым қатаң әкiмшiлiк жаза қолдануға құқылы.
843-бап. Осы Кодекстiң процестік нормаларын елеулі түрде
бұзу
1. Осы Кодекстiң процестік нормаларын елеулі түрде бұзу деп іс бойынша іс
жүргiзу және оны қарау кезiнде осы Кодекстің қағидаттарының және iске қатысатын
тұлғалардың заңмен кепiлдiк берiлген құқықтарынан айыру немесе оларға қысым жасау,
әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзу рәсiмдерiн сақтамау немесе
iстiң мән-жайын жан-жақты, толық және объективтi зерттеуге өзге жолмен кедергi
келтiру арқылы заңды және негiзделген қаулы шығаруға ықпал еткен немесе ықпал етуi
мүмкiн өзге де жалпы ережелерiнiң бұзылуы танылады.
2. Іс бойынша іс жүргiзудiң бiржақтылығы немесе толық еместiгi iс үшiн маңызы
болуы мүмкiн, зерттеуден жол берiлетiн дәлелдемелердi қателесіп шығарып тастаудың
немесе дәлелдемелердi зерттеуден негiзсiз бас тартудың; мiндеттi түрде зерттелуге
жататын дәлелдемелердi зерттемеудiң нәтижесi болып табылса, қаулының күшi жойылуға
жатады.
3. Егер:
1) осы Кодекстiң 741 және 742-баптарында көзделген негiздер болған кезде іс
бойынша iс жүргiзу тоқтатылмаған болса;
2) қаулыны әкiмшiлiк құқық бұзушылықтар туралы iстердi қарауға уәкілеттік
берілмеген судья, орган (лауазымды адам) шығарса;
3) қорғаушының қатысуы заң бойынша мiндеттi болып табылғанда іс оның
қатысуынсыз қаралса немесе өзiне қатысты іс бойынша iс жүргiзiлiп жатқан тұлғаның
қорғаушы алу құқығы өзге де жолмен бұзылса;
4) өзiне қатысты іс бойынша iс жүргiзiлiп жатқан адамның ана тiлiн немесе өзi
бiлетiн тiлдi және аудармашы көрсететін қызметтерді пайдалану құқығы бұзылса;
5) өзiне қатысты іс бойынша iс жүргiзiлiп жатқан тұлғаға iстiң мән-жайлары
туралы түсiнiктеме беру құқығы берiлмесе;
6) қаулыға осы Кодекстiң 822-бабының төртiншi бөлiгiнде аталған тұлғалардың
қайсыбiреуi қол қоймаса, кез келген жағдайда қаулының күшi жойылуға жатады.
4. Әкiмшiлiк құқық бұзушылық туралы iстi қарау кезiнде осы баптың үшiншi
бөлiгiнiң 1) тармақшасында көрсетiлген процестік нормалардың бұзылуына жол
берiлгендiгiн анықтай отырып, судья, жоғары тұрған орган (лауазымды адам) iс
бойынша қаулының күшiн жояды және iс жүргiзудi тоқтатады.
5. Егер әкiмшiлiк құқық бұзушылық туралы iстi қарау кезiнде процестік
нормалардың қандай да бір өзгеше елеулі түрде бұзылуына жол берiлген болса, судья,
жоғары тұрған орган (лауазымды адам) iсті қарауды жүргiзеді, бұл ретте жол берiлген
бұзушылықты жоюға шаралар қолданады, тиiсінше тиісті мамандандырылған аудандық және
оған теңестiрiлген әкiмшiлiк сот және кәмелетке толмағандардың істері жөніндегі сот
судьясының, төмен тұрған органның (лауазымды адамның) қаулысының күшiн жояды және
iсті қараудың нәтижелерiн ескере отырып, жаңа қаулы шығарады.
844-бап. Қаулымен қолданылған әкiмшiлiк жазаның жасалған
құқық бұзушылық сипатына, кiнәлiнiң жеке басына
немесе заңды тұлғаның мүлiктiк қаржы жағдайына
сәйкес келмеуi
1. Қаулымен қолданылған әкiмшiлiк жазаның тым қатаңдығы салдарынан оны әдiл
емес, жасалған құқық бұзушылық сипатына, кiнәлiнiң жеке басына немесе заңды
тұлғаның мүлiктiк жағдайына сәйкес келмейдi деп танып, судья, жоғары тұрған орган
(лауазымды адам) әкiмшiлiк жаза қолданудың жалпы қағидаларын басшылыққа ала отырып,
жазаны жеңілдетеді.
2. Судья, жоғары тұрған орган (лауазымды адам) кiнәлi тұлғаға әкiмшiлiк құқық
бұзушылық туралы iс бойынша қаулымен айқындалғаннан анағұрлым қатаң жаза қолдануы
мүмкiн, бiрақ оны осы негiз бойынша прокурор наразылық келтірген немесе жәбiрленушi
шағым берген жағдайда ғана қолданады.
845-бап. Іс бойынша іс жүргiзудi тоқтату туралы қаулының
күшiн жою немесе оны өзгерту
1. Судья, жоғары тұрған орган (лауазымды адам) iс бойынша іс жүргiзудi
тоқтатудың негiзсiздiгiне жәбiрленушiнiң шағымы бойынша не прокурордың наразылығы
бойынша ғана әкiмшiлiк жаза қолдану туралы қаулы шығара отырып, iс бойынша iс
жүргiзудi тоқтату туралы қаулының күшiн жоюы мүмкiн.
2. Іс бойынша іс жүргiзудi тоқтату туралы қаулы өзiне қатысты іс бойынша iс
жүргiзу тоқтатылған тұлғаның шағымы бойынша тоқтатудың негiздерi бөлiгiнде
өзгертiлуi мүмкiн.
846-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
қаулыға шағым, наразылық бойынша қаулыны жария
ету
1. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағым, наразылық
бойынша қаулы шығарылғаннан кейiн дереу жария етiледi.
2. Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағым, наразылық
бойынша қаулы шығарылғаннан кейiн оның көшiрмесi үш тәулiкке дейiнгi мерзiмде iс
бойынша өзіне қатысты қаулы шығарылған жеке тұлғаға немесе заңды тұлғаның өкiлiне,
шағымды өзi берген немесе оның өтiнiшi бойынша берілген жағдайда жәбiрленушiге,
наразылық келтірген прокурорға тапсырылады немесе жiберiледi.
3. Әкiмшiлiк қамаққа алу туралы iс бойынша қаулыға шағым, наразылық бойынша
қаулы - қаулыны орындайтын органның (лауазымды адамның), сондай-ақ бұл өзiне
қатысты шығарылған тұлғаның назарына қаулы шығарылған күнi жеткiзiледi.
46-тарау. ӘКІМШІЛІК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ ІСТЕР БОЙЫНША ЗАҢДЫ
КҮШІНЕ ЕНГЕН ҚАУЛЫЛАРДЫ ЖӘНЕ ОЛАРҒА ШАҒЫМДАРДЫ, НАРАЗЫЛЫҚТАРДЫ
ҚАРАУ НӘТИЖЕЛЕРІ БОЙЫНША ҚАУЛЫЛАРДЫ ҚАЙТА ҚАРАУ 847-бап. Әкiмшiлiк құқық бұзушылық туралы iстер бойынша
заңды күшiне енген қаулыларды және оларға
шағымдарды, наразылықтарды қарау нәтижелерi
бойынша қаулыларды қайта қараудың кассациялық
тәртiбi
1. Осы Кодекстiң 849-бабының бірінші және екінші бөліктерінде аталған
адамдардың наразылығы немесе шағымы бойынша, әкімшілік құқық бұзушылық туралы істер
бойынша заңды күшіне енген қаулылар, оларға шағым, наразылық бойынша сот қаулылары
кассациялық тәртіппен қайта қаралуы мүмкін.
2. Әкімшілік құқық бұзушылық туралы істер бойынша қаулыларға, оларға шағым,
наразылық бойынша қаулыларға кассациялық шағым немесе наразылық әкімшілік
жауаптылыққа тартылған адамның не өзіне қатысты әкімшілік іс жүргізу тоқтатылған
адамның жағдайын нашарлататын жағына қарай қаулы жарияланған күннен бастап алты ай
ішінде берілуі мүмкін. Мерзім дәлелді себептермен өткізіп алынған жағдайда шағымды
қарауға құқықты сот осы мерзімді қалпына келтіруі мүмкін.
3. Әкімшілік құқық бұзушылық туралы істер бойынша қаулыларға, оларға шағым,
наразылық бойынша сот қаулыларына кассациялық шағымды, наразылықты олар түскен
күннен бастап он тәулік ішінде облыстық және оған теңестірілген сот кемінде үш
судьядан тұратын құраммен қарайды.
4. Әкімшілік құқық бұзушылық туралы істер бойынша қаулыларға, оларға шағым,
наразылық бойынша қаулыларға кассациялық шағым, наразылық осы Кодекстің 833-бабында
көрсетілген талаптарға сәйкес келуге тиіс.
5. Әкімшілік құқық бұзушылық туралы істер бойынша қаулыларға, оларға шағым,
наразылық бойынша сот қаулыларына кассациялық шағымды, наразылықты қарауға әзірлеу,
қарау және олар бойынша шешім қабылдау тәртібі осы Кодекстің 45-тарауында көзделген
тәртіппен жүзеге асырылады.
6. Кассациялық сатыдағы сот актілері қаулылар нысанында шығарылады және осы
Кодекстің 822-бабының бірінші бөлігінде көрсетілген мәліметтерді қамтуға тиіс.
7. Кассациялық сатыдағы сот әкімшілік құқық бұзушылықтар туралы істер бойынша
қаулылардың, оларға шағымдар, наразылықтар бойынша қаулылардың заңдылығын және
негізділігін толық көлемде тексереді.
848-бап. Істерді талап етіп алдырудың және заңды күшіне
енген сот актілеріне наразылық келтіру туралы
өтінішхаттарды қараудың тәртібі мен себептері
1. Әкімшілік құқық бұзушылық туралы істі Қазақстан Республикасының Бас
Прокуроры, оның орынбасарлары, облыстардың прокурорлары мен оған теңестірілген
прокурорлар қадағалау тәртібімен тексеру үшін тиісті соттан талап етіп алдыра
алады.
2. Осы Кодекстің 849-бабының екінші бөлігінде аталған тұлғалардың
өтінішхаттары, сол сияқты осы Кодекстің 849-бабының бірінші бөлігінде аталған
прокурорлардың өз құзыреті шегінде бастамасы істерді талап етіп алдыруға себептер
болып табылады.
3. Прокурордың істі талап етіп алдыру туралы сұрау салуын сот оның сотқа
келіп түскен күнінен бастап жеті тәуліктен кешіктірмей орындайды.
4. Іс талап етіліп алдырылған жағдайда қадағалау наразылығын келтіру туралы
өтінішхатты прокурор істің прокуратураға келіп түскен күнінен бастап отыз тәулік
ішінде қарауға тиіс.
5. Қазақстан Республикасының Бас прокуратурасына берілетін қадағалау
наразылығын келтіру туралы өтінішхатта:
1) өтінішхат жолданған лауазымды тұлғаның атауы;
2) өтінішхатты беруші адамның атауы; оның тұрғылықты жері немесе тұрған жері
және іс бойынша процестік жағдай;
3) істі бірінші, апелляциялық және кассациялық сатыларда қараған соттарды
және олар қабылдаған шешімдердің мазмұнын көрсету;
4) наразылық келтіру ұсынылып отырған сот қаулысын көрсету;
5) материалдық не процестік құқық нормаларын елеулі бұзушылықтың мәні неден
көрінеді және өтінішхатты беруші адам өтінішінің неден тұратыны қамтылуға тиіс.
6. Өтінішхатқа өтінішхатты беруші адам немесе оның өкілі қол қоюға тиіс. Өкіл
берген өтінішхатқа сенімхат немесе өкілдің өкілеттігін куәландыратын басқа да құжат
қоса берілуге тиіс.
7. Өтінішхатқа іс бойынша шығарылған қаулының сот куәландырған көшірмелері
қоса берілуге тиіс.
8. Өтінішхат осы баптың бесінші, алтыншы және жетінші бөліктерінің
талаптарына сәйкес келмеген жағдайда, оны берген адамдарға қайтарылуға жатады.
Ескерту. 848-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
849-бап. Әкiмшiлiк құқық бұзушылық туралы iстер бойынша
қаулыларға және оларға шағымды, наразылықты
қарау нәтижелерi бойынша қаулыларға наразылық
келтіру, шағым беру
1. Заңды күшiне енген қаулыларға және осы Кодекстiң 847-бабында көрсетілген
қаулыларға наразылық келтіру құқығы Бас Прокурорға, оның орынбасарларына,
облыстардың прокурорларына және оларға теңестірілген прокурорларға тиесілі болады.
2. Осы Кодекстiң 847-бабында көрсетілген, заңды күшiне енген қаулыларды қайта
қарау туралы шағым беруге әкiмшiлiк жауаптылыққа тартылған тұлғаның,
жәбiрленушiнiң, аталған тұлғалардың қорғаушыларының, заңды өкiлдерi мен өкiлдерiнiң
құқығы бар.
850-бап. Әкiмшiлiк жаза қолдану туралы қаулының орындалуын
тоқтата тұру
Осы Кодекстiң 849-бабында көрсетілген, заңды күшiне енген қаулыларға
наразылық келтіру осы қаулылардың орындалуын тоқтата тұрады.
851-бап. Әкiмшiлiк құқық бұзушылық туралы iстер бойынша
заңды күшіне енген қаулыларды және оларға
шағымдарды, наразылықтарды қарау нәтижелері
бойынша қаулыларды қайта қараудың ерекше
(қадағалау) тәртібі
1. Қазақстан Республикасы Жоғарғы Сотының азаматтық және әкімшілік істер
бойынша қадағалау сот алқасы Қазақстан Республикасы Бас Прокуроры мен оның
орынбасарларының наразылығы бойынша шағым жасаудың кассациялық тәртібі сақталған
жағдайда, әкімшілік құқық бұзушылық туралы кез келген iс бойынша заңды күшiне енген
қаулының, сол сияқты қаулыға шағымды, наразылықты қарау нәтижелерi бойынша қаулының
заңдылығын және негiздiлiгiн тексеруге және қабылданған шешiмдi наразылық түскен
күннен бастап отыз тәулік ішінде қайта қарауға құқылы. Жоғарғы Сот алқасының
қаулылары қабылданған кезден бастап заңды күшіне енеді.
2. Соттың әкiмшiлiк жауаптылыққа тартылған тұлғаның не өзiне қатысты
әкiмшiлiк iс жүргiзу тоқтатылған тұлғаның жағдайын нашарлататын жағына қарай қайта
қарауына соттың немесе уәкілетті мемлекеттік органның қаулысы заңды күшiне енген
күннен бастап бiр жыл iшiнде жол берiледi.
3. Әкiмшiлiк құқық бұзушылық туралы iстер бойынша қаулыларға, оларға шағым,
наразылық бойынша сот қаулыларына наразылық келтіру осы Кодекстің 833-бабында
көрсетілген талаптарға сәйкес келуге тиіс.
47-тарау. ӘКIМШIЛIК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ IСТЕР БОЙЫНША ЗАҢДЫ
КҮШIНЕ ЕНГЕН ҚАУЛЫЛАРДЫ ЖӘНЕ ОЛАРҒА ШАҒЫМДАРДЫ, НАРАЗЫЛЫҚТАРДЫ
ҚАРАУ НӘТИЖЕЛЕРІ БОЙЫНША ҚАУЛЫЛАРДЫ ЖАҢАДАН АШЫЛҒАН МӘН-ЖАЙЛАР
БОЙЫНША ҚАЙТА ҚАРАУ 852-бап. Қайта қарау негіздері
1. Әкiмшiлiк құқық бұзушылық туралы iстер бойынша қаулылар және шағымдарды,
наразылықтарды қарау нәтижелерi бойынша қаулылар жаңадан ашылған мән-жайлар бойынша
қайта қаралуы мүмкін.
2. Қаулыларды жаңадан ашылған мән-жайлар бойынша қайта қарау үшін мыналар:
1) құқық бұзушыға, жәбірленушіге белгілі болмаған және белгілі болуы мүмкін
емес, іс үшін маңызды мән-жайлар;
2) соттың заңды күшіне енген үкімімен анықталған, заңсыз не негізсіз қаулы
шығаруға әкеп соққан куәнің көрінеу жалған айғақтары, сарапшының көрінеу жалған
қорытындысы, көрінеу дұрыс емес аударма, әкімшілік құқық бұзушылық туралы
хаттаманың, құжаттардың не заттай дәлелдемелердің жалғандығы;
3) соттың заңды күшіне енген үкімімен анықталған, осы істі қарау кезінде
жасалған, әкімшілік құқық бұзушылықтар туралы істер бойынша іс жүргізуге
қатысушылардың, іске қатысатын басқа да тұлғалардың не олардың өкілдерінің
қылмыстық әрекеттері немесе судъялардың, уәкілетті органдардың (лауазымды
адамдардың) қылмыстық іс-әрекеттері;
4) осы қаулыны шығаруға негіз болған соттың шешімін, үкімін, ұйғарымын немесе
қаулысын не өзге де мемлекеттік органның (лауазымды адамның) құқықтық актісінің
күшін жою;
5) Қазақстан Республикасы Конституциялық Кеңесінің осы әкімшілік құқық
бұзушылық туралы істе қолданылған заңды немесе өзге де нормативтік құқықтық актіні
конституциялық емес деп тануы негіздер болып табылады.
853-бап. Әкiмшiлiк құқық бұзушылық туралы iстер бойынша
қаулыларды және оларға шағымдарды,
наразылықтарды қарау нәтижелері бойынша
қаулыларды жаңадан ашылған мән-жайлар бойынша
қайта қарайтын соттар, уәкілетті органдар
(лауазымды адамдар)
Заңды күшіне енген қаулыны жаңадан ашылған мән-жайлар бойынша бұл шешімді
шығарған сот, уәкілетті орган (лауазымды адам) қайта қарайды.
Сот органның (лауазымды адамның) қаулыларын қайта қараған және оны өзгеріссіз
қалдырған жағдайда, жаңадан ашылған мән-жайлар бойынша қайта қарауды осы шешімді
шығарған сот жүзеге асырады.
854-бап. Арыз беру
1. Қаулыны жаңадан ашылған мән-жайлар бойынша қайта қарау туралы арызды
әкімшілік жауаптылыққа тартылған тұлға, жәбірленуші немесе олардың заңды өкілдері
немесе прокурор қаулы шығарған сотқа, органға (лауазымды адамға) береді.
2. Осы баптың бірінші бөлігінде аталған тұлғалар қаулыны жаңадан ашылған мән-
жайлар бойынша қайта қарау туралы арызды қайта қарауға негіз болған мән-жайлар
анықталған күннен бастап үш ай ішінде бере алады.
855-бап. Арыздың нысаны мен мазмұны
1. Қаулыны жаңадан ашылған мән-жайлар бойынша қайта қарау туралы арыз жазбаша
нысанда беріледі. Арызға арыз беруші тұлға немесе оның уәкілетті өкілі қол қояды.
2. Жаңадан ашылған мән-жайлар бойынша қайта қарау туралы арызда:
1) арыз берілетін соттың, органның (лауазымды адамның) атауы;
2) арыз беруші тұлға туралы мәліметтер (жеке тұлғалар үшін – тегі, аты,
әкесінің аты (ол болған кезде), телефонның, факстің, ұялы байланыстың абоненттік
нөмірі және (немесе) электрондық мекенжайы (егер бұлар бар болса); заңды тұлғалар
үшін – атауы, орналасқан жері, заңды тұлғаның мемлекеттік тіркеу (қайта тіркеу)
нөмірі мен күні, телефонның, факстің, ұялы байланыстың абоненттік нөмірі және
(немесе) электрондық мекенжайы (егер олар бар болса);
3) арыз иесі жаңадан ашылған мән-жайлар бойынша қайта қарау туралы өтінішхат
берген актіні қабылдаған соттың, органның (лауазымды адамның) атауы; осы актінің
қабылданған күні;
4) арыз берген тұлғаның талабы; осы Кодекстің 852-бабында көзделген және бұл
мән-жайдың ашылғанын немесе анықталғанын растайтын құжаттарға сілтеме жасай отырып,
арыз берушінің пікірі бойынша қаулыны жаңадан ашылған мән-жайлар бойынша қайта
қарау туралы мәселені қоюға негіз болып табылатын жаңадан ашылған мән-жай;
5) қоса берілетін құжаттардың тізбесі көрсетілуге тиіс.
3. Арызға:
1) жаңадан ашылған мән-жайларды растайтын құжаттардың көшірмелері;
2) арыз беруші қайта қарау туралы өтінішхат берген қаулының көшірмесі;
3) іске қатысатын басқа тұлғаларға оларда жоқ арыздың және құжаттардың
көшірмелері жіберілгенін растайтын құжат;
4) адамның арызға қол қою өкілеттіктерін растайтын сенімхат немесе өзге де
құжат қоса берілуге тиіс.
856-бап. Арызды соттың, органның (лауазымды адамның) іс
жүргізуіне қабылдау
1. Нысаны мен мазмұнына қойылатын талаптарды сақтай отырып, қаулыны жаңадан
ашылған мән-жайлар бойынша қайта қарау туралы берілген арыз тиісті соттың, органның
(лауазымды адамның) іс жүргізуіне қабылданады.
2. Арызды іс жүргізуге қабылдау туралы мәселе ол түскен күннен бастап үш
тәулік ішінде шешіледі.
3. Арызды іс жүргізуге қабылдау туралы ұйғарым шығарылады, онда арызды қарау
бойынша отырыс өткізудің күні мен орны көрсетіледі.
4. Ұйғарымның көшірмелері іске қатысатын тұлғаларға жіберіледі.
857-бап. Қаулыны жаңадан ашылған мән-жайлар бойынша қайта
қарау туралы арызды қайтару
1. Тиісті соттың судьясы, уәкілетті органның лауазымды адамы, егер арызды іс
жүргізуге қабылдау туралы мәселені шешу кезінде:
1) арыздың осы Кодекстің 855-бабында белгіленген қағидаларды бұза отырып
берілгенін;
2) арыздың белгіленген мерзім өткеннен кейін берілгенін және мерзімді
қалпына келтіру туралы өтінішхаттың болмауын немесе арыз берудің өткізіп алынған
мерзімін қалпына келтіруден бас тартылғанын;
3) арыздың нысаны мен мазмұнына қойылатын талаптардың сақталмағанын анықтаса,
арыз берушіге қаулыны жаңадан ашылған мән-жайлар бойынша қайта қарау туралы берген
арызын қайтарып береді.
2. Арызды қайтару туралы ұйғарым шығарылады.
Ұйғарымның көшірмесі арызбен және оған қоса берілетін құжаттармен бірге оның
шығарылған күнінен кейінгі келесі күннен кешіктірілмей арыз берушіге жіберіледі.
3. Арызды қайтару туралы ұйғарымға шағым жасалуы, наразылық келтірілуі
мүмкін.
858-бап. Арыз беру үшін мерзімді есептеу
Арыз беру үшін мерзім:
1) осы Кодекстің 852-бабы екінші бөлігінің 1) тармақшасында көзделген
жағдайларда – іс үшін едәуір маңызы бар мән-жайлар ашылған күннен бастап;
2) осы Кодекстің 852-бабы екінші бөлігінің 2) және 3) тармақшаларында
көзделген жағдайларда – сот үкімінің заңды күшіне енген күнінен бастап;
3) осы Кодекстің 852-бабы екінші бөлігінің 4) тармақшасында көзделген
жағдайларда – қайта қаралатын қаулы негізделген сот үкімі, шешімі, ұйғарымы,
қаулысы немесе өзге де мемлекеттік органның (лауазымды адамның) құқықтық актісі
заңды күшіне енген күнінен бастап;
4) осы Кодекстің 852-бабы екінші бөлігінің 5) тармақшасында көзделген
жағдайларда – Қазақстан Республикасы Конституциялық Кеңесінің осы әкімшілік құқық
бұзушылық туралы істе қолданылған заңды немесе өзге де нормативтік құқықтық актіні
конституциялық емес деп тану туралы қаулыны қабылдау күнінен бастап есептеледі.
859-бап Арызды қарау
Қаулыны жаңадан ашылған мән-жайлар бойынша қайта қарау туралы арызды сот,
орган (лауазымды адам) отырыста қарайды. Арыз беруші және іске қатысатын тұлғалар
отырыстың уақыты мен орны туралы хабарландырылады, алайда олардың келмеуі арызды
қарауға кедергі болып табылмайды.
860-бап. Соттың, уәкілетті органның (лауазымды адамның)
істі қайта қарау туралы қаулысы
1. Сот, орган (лауазымды адам) қаулыны жаңадан ашылған мән-жайлар бойынша
қайта қарау туралы арызды қарап, арызды қанағаттандырады және қаулының күшін жояды
не қайта қараудан бас тартады.
2. Cоттардың, органдардың (лауазымды адамдардың) қаулының жаңадан ашылған
мән-жайлар бойынша күшін жою туралы және қаулыны жаңадан ашылған мән-жайлар бойынша
қайта қарау туралы арызды қанағаттандырудан бас тартуы туралы шешіміне белгіленген
тәртіппен шағым жасалуы және наразылық келтірілуі мүмкін.
3. Қаулының күші жойылған жағдайда, сот, орган (лауазымды адам) істі осы
Кодексте белгіленген қағидалар бойынша қарайды.
48-тарау. АҚТАУ. ӘКІМШІЛІК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ ІСТЕРДІ
ҚАРАУҒА УӘКІЛЕТТІК БЕРІЛГЕН ОРГАННЫҢ (ЛАУАЗЫМДЫ АДАМНЫҢ) ЗАҢСЫЗ
ӘРЕКЕТТЕРІМЕН КЕЛТІРІЛГЕН ЗИЯНДЫ ӨТЕУ
861-бап. Әкiмшiлiк жауаптылыққа тартылған тұлғаның
кiнәсiздiгiн тану арқылы ақтау
1. Әкiмшiлiк құқық бұзушылықтар туралы iстерді қарауға уәкілеттік берілген
судьяның, органның (лауазымды адамның) осы Кодекстiң 741-бабы бiрiншi бөлiгiнiң 1)
– 7) және 11) тармақшаларында көзделген негiздер бойынша, өзіне қатысты iстi
тоқтату туралы қаулысы шығарылған тұлға кiнәсiз деп есептеледi және оның Қазақстан
Республикасының Конституциясында және заңдарында кепiлдiк берiлген құқықтары мен
бостандықтарына қандай да бір шектеулер қоюға болмайды.
2. Әкiмшiлiк құқық бұзушылықтар туралы iстердi қарауға уәкілеттік берілген
судья, орган (лауазымды адам) осы баптың бiрiншi бөлiгiнде аталған тұлғаны кінәсіз
деп тану және әкiмшiлiк құқық бұзушылықтар туралы iстердi қарауға уәкiлеттiк
берілген судьяның, органның (лауазымды адамның) заңсыз әрекеттерi салдарынан
бұзылған жеке басының мүліктік емес және мүліктік құқықтарын қалпына келтіру
бойынша заңда көзделген барлық шараларды қолдануға міндетті.
862-бап. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға
уәкілеттік берілген соттың, органның (лауазымды
адамның) заңсыз әрекеттерi салдарынан
келтiрiлген зиянды өтеттіруге құқығы бар
тұлғалар
1. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттiк берілген
судьяның, органның (лауазымды адамның) кiнәсiна қарамастан, іс бойынша іс жүргізуді
қамтамасыз ету шараларын заңсыз қолдану салдарынан тұлғаға келтiрiлген зиян
республикалық бюджеттен толық көлемде өтеледi.
2. Әкiмшiлiк құқық бұзушылық туралы iстердi қарауға уәкiлеттiк берілген
судьяның, органның (лауазымды адамның) заңсыз әрекеттерi салдарынан келтiрiлген
зиянды өтеттіруге:
1) осы Кодекстiң 745-бабының бiрiншi бөлiгiнде аталған тұлғалардың;
2) егер іс бойынша iс жүргiзу әкiмшiлiк құқық бұзушылық туралы iс бойынша iс
жүргiзудi болғызбайтын мән-жайлардың болуына қарамастан басталса немесе олар
анықталған кезден бастап тоқтатылмаса, iс бойынша іс жүргізу өздеріне қатысты
басталмауға тиiс, ал басталғаны осы Кодекстiң 741-бабы бiрiншi бөлiгiнiң 1) – 7)
және 11) тармақшаларында көзделген негiздер бойынша тоқтатылуға жататын тұлғалардың
құқығы бар.
3. Жеке тұлға қайтыс болған жағдайда зиянды өтеттіру құқығы белгіленген
тәртіппен оның мұрагерлерiне өтеді.
4. Егер іс бойынша iс жүргiзу процесінде тұлғаның ерiктi түрде өзiне-өзi
айып тағу жолымен шындықты анықтауға кедергi келтiргендiгi және сөйтіп осы баптың
бiрiншi бөлiгiнде көрсетiлген салдардың басталуына ықпал еткенi дәлелденсе, оған
зиян өтелуге жатпайды.
5. Осы баптың қағидалары осы баптың екiншi бөлiгiнiң 2) тармақшасында
көрсетілген мән-жайлар болмаған кезде, тұлғаға қолданылған әкiмшiлiк жазаның және
басқа да әкiмшiлiк-құқықтық ықпал ету шараларының ескiру мерзiмдерiнiң өтуiне,
әкiмшiлiк жауаптылықты жоятын немесе әкiмшiлiк жазаны жеңілдететін заңның
қабылдануына байланысты күшi жойылған немесе өзгерген жағдайларға қолданылмайды.
863-бап. Өтелуге жататын зиян
Осы Кодекстiң 862-бабында аталған тұлғалардың мүлiктiк зиянды толық көлемде
өтеттіруге, моральдық зиян салдарын жойғызуға және барлық жоғалтқан немесе нұқсан
келтiрiлген құқықтарын қалпына келтiруге құқығы бар.
864-бап. Зиянды өтеттіру құқығын тану
Әкiмшiлiк құқық бұзушылықтар туралы iстерді қарауға уәкiлеттiк берілген судья
немесе орган (лауазымды адам) тұлғаны толық немесе iшiнара ақтау туралы шешiм
қабылдап, оның зиянды өтеттіру құқығын тануға міндетті. Iстi тоқтату туралы, өзге
де заңсыз шешiмдердiң күшiн жою немесе оларды өзгерту туралы қаулының көшiрмесi
мүдделi тұлғаға тапсырылады не поштамен жiберiледi. Бір мезгілде оған зиянды өтеу
тәртiбi түсiндiрiлген хабарлама жiберiледi. Залалды өтеттіру құқығы бар қайтыс
болған адам мұрагерлерiнiң, туыстарының немесе асырауындағылардың тұрғылықты жерi
туралы мәлiметтер болмаған кезде, олар әкiмшiлiк құқық бұзушылықтар туралы iстерді
қарауға уәкiлеттiк берілген органға (лауазымды адамға) жүгiнген күнінен бастап бес
тәуліктен кешiктiрілмей оларға хабарлама жiберiледi.
865-бап. Мүлiктiк зиянды өтеу
1. Осы Кодекстiң 862-бабында аталған тұлғаларға келтiрiлген мүлiктiк зиян:
1) олар айырылған жалақының, зейнетақының, жәрдемақылардың, өзге де
қаражаттар мен кірістердің;
2) судья қаулысының негiзiнде заңсыз тәркiленген мүлiктiң өтелуін қамтиды.
Мүлiктi қайтару мүмкiн болмаған кезде оның құны қайтарылады;
3) iстi шешуге уәкiлеттiк берілген органның (лауазымды адамның) заңсыз
қаулысын орындау үшін өндіріп алынған айыппұлдардың; процестік шығындар мен заңсыз
әрекеттерге байланысты тұлға төлеген өзге де сомалардың;
4) заң көмегi көрсетілгені үшiн тұлға төлеген сомалардың;
5) әкiмшiлiк жауаптылыққа заңсыз тарту салдарынан келтiрiлген өзге
шығыстардың өтелуiн қамтиды.
2. Осы Кодекстiң 603-бабының бiрiншi бөлiгiнде аталған тұлғаларды әкiмшiлiк
қамаққа алуды орындау орындарында ұстауға жұмсалған сомаларды, іс бойынша iс
жүргiзуге байланысты процестік шығындарды, сол сияқты осы тұлғалардың әкiмшiлiк
қамаққа алуды орындау кезiнде қандай да бір жұмыстарды орындағаны үшiн жалақысын
әкiмшiлiк құқық бұзушылықтар туралы iстердi қарауға уәкiлеттiк берілген органның
(лауазымды адамның) заңсыз әрекеттерi салдарынан келтiрiлген зиянның өтемiн төлеуге
жататын сомалардан шегерiп тастауға болмайды.
3. Осы Кодекстiң 823-бабында көрсетілген құжаттардың көшiрмесiн зиянды өтеу
тәртiбi туралы хабарламамен бiрге алған кезде, осы Кодекстiң 862-бабының екiншi
және үшiншi бөлiктерiнде аталған тұлғалар iстi тоқтату, өзге де заңсыз шешiмдердiң
күшiн жою немесе оларды өзгерту туралы қаулы шығарған органға (лауазымды адамға)
мүлiктiк зиянды өтеу туралы талаппен жүгiнуге құқылы. Егер iстi жоғары тұрған орган
(лауазымды адам) немесе сот тоқтатса, зиянды өтеу туралы талап заңсыз қаулы
шығарған органға (лауазымды адамға) жiберiледi. Егер судья қараған iстi жоғары
тұрған сот тоқтатса, зиянды өтеу туралы талап заңсыз қаулы шығарған судьяға
жiберiледi. Кәмелетке толмаған адам ақталған жағдайда зиянды өтеу туралы талапты
оның заңды өкiлi мәлiмдей алады.
4. Арыз түскен күннен бастап бiр айдан кешiктiрмей осы баптың екiншi
бөлiгiнде көрсетілген орган (лауазымды адам) қажет болған жағдайларда қаржы
органдарынан және әлеуметтiк қорғау органдарынан есеп-қисапты сұратып ала отырып,
зиянның мөлшерiн айқындайды, содан кейін инфляцияны ескере отырып, осы зиянды
өтеуге төлем жүргізу туралы қаулы шығарады. Егер iстi сот тоқтатса, көрсетілген
әрекеттердi iстi қараған судья жүргiзедi.
5. Елтаңбалы мөрмен куәландырылған қаулының көшiрмесi төлем жүргізуге
мiндеттi органдарға беру үшiн тұлғаға тапсырылады немесе жіберіледі. Төлем жасау
тәртiбi заңнамада айқындалады.
866-бап. Моральдық зиян салдарларын жою
1. Тұлғаны ақтау туралы шешiм қабылдаған орган (лауазымды адам) келтiрiлген
зиян үшiн одан жазбаша нысанда ресми кешiрiм сұрауға мiндеттi.
2. Келтiрiлген моральдық зиян үшiн ақшалай түрде өтемақы туралы талап қою
азаматтық сот iсiн жүргiзу тәртiбiмен беріледі.
3. Егер тұлға әкiмшiлiк жауаптылыққа заңсыз тартылса, ал бұл туралы
мәлiметтер баспасөзде жарияланып, радио, теледидар немесе өзге де бұқаралық ақпарат
құралдары арқылы таратылған болса, онда осы тұлғаның талап етуi бойынша, ал ол
қайтыс болған жағдайда – оның туыстарының немесе прокурордың талап етуi бойынша
тиiстi бұқаралық ақпарат құралдары бiр ай iшiнде бұл туралы қажеттi хабар жасауға
мiндеттi.
4. Әкiмшiлiк құқық бұзушылықтар туралы iстердi қарауға уәкiлеттiк берілген
орган (лауазымды адам) осы Кодекстiң 862-бабында аталған тұлғалардың талап етуi
бойынша өзінің заңсыз шешiмдерiнiң күшi жойылғаны туралы жазбаша хабарды он тәулік
ішінде олардың жұмыс, оқу орнына, тұрғылықты жерiне жiберуге мiндеттi.
867-бап. Талаптар қою мерзiмдерi
1. Мүлiктiк зиянды өтеуге ақшалай төлем жүргізу туралы талаптарды осы
Кодекстiң 862-бабында аталған тұлғалар осындай төлемдер жүргізу туралы қаулыны
алған кезден бастап бiр жыл iшiнде қоюы мүмкін.
2. Өзге де құқықтарды қалпына келтiру туралы талаптар құқықтарды қалпына
келтiру тәртiбi түсiндiрiлетін хабарлама алынған күннен бастап алты ай iшiнде
қойылуы мүмкiн.
3. Осы мерзiмдер дәлелдi себептермен өткiзiп алынған жағдайда, бұлар мүдделi
тұлғалардың арызы бойынша әкiмшiлiк құқық бұзушылық туралы iстердi қарауға
уәкiлеттiк берілген органның (лауазымды адамның) қалпына келтiруіне жатады.
868-бап. Заңды тұлғаларға зиянды өтеу
Әкiмшiлiк құқық бұзушылықтар туралы iстердi қарауға уәкiлеттiк берілген
органның (лауазымды адамның) заңсыз әрекеттерiмен заңды тұлғаларға келтiрiлген
зиянды мемлекет толық көлемде және осы тарауда белгiленген мерзiмдерде қалпына
келтіруге тиіс.
869-бап. Құқықтарды талап қою тәртiбімен қалпына келтiру
Егер ақтау немесе зиянды өтеу туралы талап қанағаттандырылмаса не тұлға
қабылданған шешiммен келiспесе, ол азаматтық сот iсiн жүргiзу тәртiбiмен сотқа
жүгiнуге құқылы.
49-тарау. ӘКІМШІЛІК ЖАУАПТЫЛЫҚТАН АРТЫҚШЫЛЫҚТАРЫ МЕН
ИММУНИТЕТТЕРІ БАР АДАМДАРДЫҢ ІСТЕРІ БОЙЫНША ІС ЖҮРГІЗУ
ЕРЕКШЕЛІКТЕРІ
870-бап. Қазақстан Республикасы Парламентiнің депутатына
қатысты әкiмшiлiк құқық бұзушылық туралы іс
бойынша iс жүргiзу шарттары мен тәртібі
1. Қазақстан Республикасы Парламентiнiң депутатын өз өкiлеттiктері мерзiмi
iшiнде Қазақстан Республикасы Парламентiнің тиiстi Палатасының келiсуiнсiз күштеп
әкелуге, сот тәртiбiмен қолданылатын әкiмшiлiк жазалау шараларын қолдануға
болмайды.
2. Депутатты сот тәртiбiмен әкiмшiлiк жаза қолдануға әкеп соғатын әкiмшiлiк
жауаптылыққа тартуға, күштеп әкелуге келiсiм алу үшiн Қазақстан Республикасының Бас
Прокуроры әкімшілік құқық бұзушылық жасаған адам депутаты болып табылатын Қазақстан
Республикасы Парламентiнiң тиісті Палатасына ұсыну енгiзедi. Ұсыну әкiмшiлiк құқық
бұзушылық туралы iсті сотқа жiберер алдында, сондай-ақ депутатты әкiмшiлiк құқық
бұзушылық туралы iстерді қарауға уәкiлеттiк берілген сотқа, органға (лауазымды
адамға) мәжбүрлеп жеткiзу қажеттiгi туралы мәселенi шешер алдында енгiзiледi.
3. Қазақстан Республикасының Бас прокуроры енгізген ұсынуға Қазақстан
Республикасы Парламентiнiң тиісті Палатасының шешімі «Қазақстан Республикасының
Парламенті және оның депутаттарының мәртебесі туралы» Қазақстан
Республикасының Конституциялық заңында белгіленген мерзімдерде шығарылады.
4. Егер Қазақстан Республикасы Парламентiнiң тиiстi Палатасы депутатты сот
тәртiбiмен әкiмшiлiк жаза қолдануға әкеп соғатын әкiмшiлiк жауаптылыққа тартуға
келiсiм берсе, iс бойынша одан әрi iс жүргiзу осы бапта көзделген ерекшелiктер
ескерiле отырып, осы Кодексте белгiленген тәртiппен жүргiзiледi.
5. Егер Қазақстан Республикасы Парламентiнiң тиiстi Палатасы күштеп әкелуге
келiсiм берсе, әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзудi қамтамасыз
етудiң бұл шарасын депутатқа қолдану туралы мәселе осы Кодексте белгiленген
тәртiппен шешiледi.
6. Егер Қазақстан Республикасы Парламентiнiң тиiстi Палатасы депутатты сот
тәртiбiмен әкiмшiлiк жаза қолдануға әкеп соғатын әкiмшiлiк жауаптылыққа тартуға
келiсiм бермеген жағдайда, іс бойынша iс жүргiзу осы негiзбен тоқтатылуға жатады.
7. Егер Қазақстан Республикасы Парламентiнiң тиiстi Палатасы күштеп әкелуге
келiсiм бермесе, депутатқа осы Кодексте белгiленген тәртiппен әкiмшiлiк құқық
бұзушылық туралы іс бойынша iс жүргiзудi қамтамасыз етудiң өзге де шаралары
қолданылады.
8. Қазақстан Республикасы Парламентiнiң депутатына қатысты сот тәртiбiмен
әкiмшiлiк құқық бұзушылық туралы iсті қараудың заңдылығын қадағалауды Қазақстан
Республикасының Бас Прокуроры жүзеге асырады.
871-бап. Қазақстан Республикасының Президенттiгіне
кандидатқа, Қазақстан Республикасы Парламентiнің
депутаттығына кандидатқа қатысты әкiмшiлiк құқық
бұзушылық туралы іс бойынша iс жүргiзу шарттары
мен тәртібі
1. Қазақстан Республикасының Президенттiгіне, Қазақстан Республикасы
Парламентінің депутаттығына кандидаттарды олар тiркелген күннен бастап және сайлау
қорытындылары жарияланғанға дейiн, сондай-ақ олар Президент, Парламент депутаты
ретінде тіркелгенге дейін Қазақстан Республикасы Орталық сайлау комиссиясының
келiсуінсiз күштеп әкелуге, сот тәртiбiмен қолданылатын әкiмшiлiк жазалау шараларын
қолдануға болмайды.
2. Қазақстан Республикасының Президенттiгіне, Қазақстан Республикасы
Парламентінің депутаттығына кандидатты әкiмшiлiк жауаптылыққа тарту туралы ұсынуды
Қазақстан Республикасының Бас Прокуроры Қазақстан Республикасының Орталық сайлау
комиссиясына әкiмшiлiк құқық бұзушылық туралы iсті сотқа жiберер алдында енгiзедi.
3. Қазақстан Республикасының Бас Прокуроры енгізген ұсынуға Қазақстан
Республикасы Орталық сайлау комиссиясының уәжді шешімі ол түскен күннен бастап он
тәулік ішінде шығарылады.
4. Қазақстан Республикасының Бас Прокуроры Қазақстан Республикасы Орталық
сайлау комиссиясының шешiмiн алғаннан кейiн iс бойынша одан әрi іс жүргiзу осы
Кодекстiң 813-бабында белгiленген тәртiппен жүргiзiледi.
872-бап. Қазақстан Республикасы Конституциялық Кеңесiнің
Төрағасына немесе мүшесiне қатысты әкiмшiлiк
құқық бұзушылық туралы іс бойынша iс жүргiзу
шарттары мен тәртібі
1. Қазақстан Республикасы Конституциялық Кеңесiнiң Төрағасын немесе мүшелерiн
өз өкiлеттiктері мерзiмi iшiнде Қазақстан Республикасы Парламентiнiң келiсуiнсiз
күштеп әкелуге, оларға сот тәртiбiмен қолданылатын әкiмшiлiк жазалау шараларын
қолдануға болмайды.
2. Қазақстан Республикасы Конституциялық Кеңесiнiң Төрағасын немесе мүшелерiн
сот тәртiбiмен әкiмшiлiк жаза қолдануға әкеп соғатын әкiмшiлiк жауаптылыққа
тартуға, күштеп әкелуге келiсiм алу үшiн Қазақстан Республикасының Бас Прокуроры
Қазақстан Республикасының Парламентiне ұсыну енгiзедi. Ұсыну әкiмшiлiк құқық
бұзушылық туралы iсті сотқа жiберер алдында, Қазақстан Республикасы Конституциялық
Кеңесiнiң Төрағасын немесе мүшелерiн әкiмшiлiк құқық бұзушылықтар туралы iстерді
қарауға уәкiлеттiк берілген сотқа, органға (лауазымды адамға) мәжбүрлеп жеткiзу
қажеттiгi туралы мәселенi шешер алдында енгiзiледi.
3. Қазақстан Республикасының Бас Прокуроры Қазақстан Республикасы
Парламентiнiң шешiмiн алғаннан кейiн iс бойынша одан әрi іс жүргiзу осы
Кодекстiң 813-бабында белгiленген тәртiппен жүргiзiледi.
4. Алып тасталды - ҚР 29.12.2014 № 272-V (01.01.2015 бастап қолданысқа
енгізіледі) Заңымен.
Ескерту. 872-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
873-бап. Судьяға қатысты әкiмшiлiк құқық бұзушылық туралы
іс бойынша iс жүргiзу шарттары мен тәртібі
1. Судьяны Республиканың Жоғары Сот Кеңесiнiң қорытындысына негiзделген
Қазақстан Республикасы Президентiнiң келiсуiнсiз не Қазақстан Республикасы
Конституциясының 55-бабының 3) тармақшасында белгiленген жағдайда Қазақстан
Республикасы Парламентi Сенатының келiсуiнсiз қамаққа алуға, күштеп әкелуге, сот
тәртiбiмен қолданылатын әкiмшiлiк жазалау шараларын қолдануға болмайды.
2. Судьяны сот тәртiбiмен әкiмшiлiк жаза қолдануға әкеп соғатын әкiмшiлiк
жауаптылыққа тартуға, күштеп әкелуге келiсiм алу үшiн Қазақстан Республикасының Бас
Прокуроры Қазақстан Республикасының Президентiне, ал Конституцияның 55-бабының 3)
тармақшасында көзделген жағдайда - Қазақстан Республикасы Парламентiнiң Сенатына
ұсыну енгiзедi. Ұсыну әкiмшiлiк құқық бұзушылық туралы iсті сотқа жiберер алдында,
судьяны әкiмшiлiк құқық бұзушылықтар туралы iстердi қарауға уәкiлеттiк берілген
сотқа, органға (лауазымды адамға) мәжбүрлеп жеткiзу қажеттiгi туралы мәселенi шешер
алдында енгiзiледi.
3. Қазақстан Республикасының Бас Прокуроры Қазақстан Республикасы
Президентiнiң, Қазақстан Республикасы Парламентi Сенатының шешiмiн алғаннан кейiн
іс бойынша одан әрi іс жүргiзу осы Кодекстiң 813-бабында белгiленген тәртiппен
жүргiзiледi.
4. Судъяға қатысты әкiмшiлiк құқық бұзушылық туралы iс жүргiзумен аяқталған
істі осы іс жүргізуді жүзеге асырған орган (лауазымды адам) осы Кодексте
белгіленген тәртіппен Қазақстан Республикасының Бас Прокуроры арқылы сотқа береді.
874-бап. Қазақстан Республикасының Бас Прокурорына қатысты
әкiмшiлiк құқық бұзушылық туралы іс бойынша iс
жүргiзу шарттары мен тәртібі
1. Қазақстан Республикасының Бас Прокурорын өз өкiлеттiктері мерзiмi iшiнде
Қазақстан Республикасы Парламентi Сенатының келiсуiнсiз күштеп әкелуге, сот
тәртiбiмен қолданылатын әкiмшiлiк жазалау шараларын қолдануға болмайды.
2. Қазақстан Республикасының Бас Прокурорын сот тәртiбiмен әкiмшiлiк жаза
қолдануға әкеп соғатын әкiмшiлiк жауаптылыққа тартуға, күштеп әкелуге келiсiм алу
үшiн Бас Прокурордың бiрiншi орынбасары Қазақстан Республикасы Парламентiнiң
Сенатына ұсыну енгiзедi. Ұсыну әкiмшiлiк құқық бұзушылық туралы iсті сотқа жiберер
алдында, Бас Прокурорды әкiмшiлiк құқық бұзушылықтар туралы iстерді қарауға
уәкiлеттiк берілген сотқа, органға (лауазымды адамға) мәжбүрлеп жеткiзу қажеттiгi
туралы мәселенi шешер алдында енгiзiледi.
3. Қазақстан Республикасы Бас Прокурорының бiрiншi орынбасары Қазақстан
Республикасы Парламентi Сенатының шешiмiн алғаннан кейiн iс бойынша одан әрi іс
жүргiзу осы Кодекстiң 819-бабында белгiленген тәртiппен жүзеге асырылады.
4. Алып тасталды - ҚР 29.12.2014 № 272-V (01.01.2015 бастап қолданысқа
енгізіледі) Заңымен.
5. Қазақстан Республикасының Бас Прокурорына қатысты сот тәртiбiмен әкiмшiлiк
құқық бұзушылық туралы iстi қараудың заңдылығын қадағалауды оның бiрiншi орынбасары
жүзеге асырады.
6. Алып тасталды - ҚР 29.12.2014 № 272-V (01.01.2015 бастап қолданысқа
енгізіледі) Заңымен.
Ескерту. 874-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
875-бап. Судьяның Қазақстан Республикасы Парламентiнiң
депутатына, Қазақстан Республикасы
Конституциялық Кеңесiнiң Төрағасына немесе
мүшелерiне, судьяға, Қазақстан Республикасының
Бас прокурорына қатысты әкiмшiлiк құқық
бұзушылық туралы iстi қарауы
1. Iстi қарау әкiмшiлiк жауаптылықтан артықшылықтары мен иммунитеттері бар
адамдардың iстерi бойынша іс жүргiзу ерекшелiктерiмен жалпы қағидалар бойынша
жүргiзiледi.
2. Егер судья iстi қарағанға дейiн Қазақстан Республикасы Конституциясының
52-бабының 4-тармағында, 71-бабының
5-тармағында, 79-бабының 2-тармағында, 83-бабының 3-тармағында аталған мемлекеттiк
органдардың күштеп әкелуіне келiсiм беруден бас тартылған болса немесе мұндай
келiсiм сұралмаса, судья осы Кодекстiң 870-бабының екiншi бөлiгiне сәйкес көзделген
тәртiппен күштеп әкелуге келiсiм беру туралы ұсыну жасап, Қазақстан Республикасы
Парламентiнiң депутатына, Қазақстан Республикасы Конституциялық Кеңесiнiң
Төрағасына немесе мүшелерiне, судьяға, Қазақстан Республикасының Бас Прокурорына
әкiмшiлiк құқық бұзушылық туралы іс бойынша iс жүргiзудi қамтамасыз ету шарасы
ретiнде күштеп әкелуді қолдануға құқылы.
876-бап. Әкiмшiлiк жауаптылықтан дипломатиялық иммунитеті
бар адамдар
1. Қазақстан Республикасының заңнамасына және Қазақстан Республикасы
ратификациялаған халықаралық шарттарға сәйкес сот тәртiбiмен әкiмшiлiк
жауаптылықтан иммунитетті Қазақстан Республикасында мына адамдар пайдаланады:
1) шет мемлекеттердің дипломатиялық өкiлдiктерiнiң басшылары, осы
өкiлдiктердiң дипломатиялық персоналы мүшелерi және егер олар өздерiмен бiрге тұрып
жатса және Қазақстан Республикасының азаматтары болып табылмаса, олардың отбасы
мүшелерi;
2) егер осы қызметкерлер мен олардың отбасы мүшелерi Қазақстан
Республикасының азаматтары болып табылмаса немесе Қазақстанда тұрақты тұрмаса,
өзара түсіністік негiзінде дипломатиялық өкiлдiктердiң қызмет көрсетушi
персоналының қызметкерлерi мен олардың өздерiмен бiрге тұратын отбасы мүшелерi,
егер Қазақстан Республикасының халықаралық шартында өзгеше көзделмесе, қызметтік
мiндеттерiн орындау кезiнде өздері жасаған іс-әрекеттерге қатысты консулдықтардың
басшылары және басқа да консулдық лауазымды адамдары;
3) егер осы қызметкерлер мен олардың отбасы мүшелерi Қазақстан
Республикасының азаматтары болып табылмаса немесе Қазақстанда тұрақты тұрмаса,
өзара түсіністік негiзінде дипломатиялық өкiлдiктердiң әкiмшiлiк-техникалық
персоналы қызметкерлерi мен өздерiмен бiрге тұратын олардың отбасы мүшелерi;
4) дипломатиялық курьерлер;
5) шет мемлекеттердiң басшылары мен өкiлдерi, парламенттiк және үкiметтiк
делегациялардың мүшелерi және өзара түсіністік негiзінде – Қазақстанға халықаралық
келiссөздерге, халықаралық конференцияларға және жиналыстарға қатысу үшін немесе
басқа да ресми тапсырмалармен келетiн шет мемлекеттер делегацияларының
қызметкерлерi не осындай мақсаттармен Қазақстан Республикасы аумағы арқылы
транзитпен өтетіндер және егер осы отбасы мүшелерi Қазақстан Республикасының
азаматтары болып табылмаса, аталған адамдармен ілесіп жүретін отбасы мүшелері;
6) халықаралық шарттар немесе жалпы танылған халықаралық әдет-ғұрыптар
негiзiнде, Қазақстан Республикасы аумағында орналасқан халықаралық ұйымдардағы шет
мемлекеттер өкiлдiктерiнiң басшылары, мүшелерi және персоналы, осы ұйымдардың
лауазымды адамдары;
7) Қазақстан Республикасының аумағы арқылы транзитпен өтетін, үшiншi елдегi
шет мемлекеттердің дипломатиялық өкiлдiктерiнiң басшылары, өкiлдiктердің
дипломатиялық персоналының мүшелерi және аталған адамдармен ілесіп жүретін немесе
оларға қосылу үшін немесе өз елiне қайту үшiн бөлек бара жатқан олардың отбасы
мүшелерi;
8) Қазақстан Республикасының халықаралық шартына сәйкес өзге де тұлғалар.
2. Осы баптың бiрiншi бөлiгiнiң 1), 4) – 7) тармақшаларында аталған адамдар,
сондай-ақ Қазақстан Республикасының халықаралық шартына сәйкес өзге де тұлғалар,
егер шет мемлекет әкімшілік жауаптылықтан иммунитет беруден айқын білдірген бас
тартуды ұсынған жағдайда ғана, әкiмшiлiк жауаптылыққа тартылуы мүмкiн. Мұндай бас
тарту туралы мәселе Қазақстан Республикасы Бас Прокурорының ұсынуы бойынша
Қазақстан Республикасының Сыртқы iстер министрлiгi арқылы дипломатиялық жолмен
шешiледi. Аталған адамдарға иммунитет беруден тиiстi шет мемлекеттiң бас тартуы
болмаған кезде оларға қатысты әкiмшiлiк iс жүргiзуді бастау мүмкін болмайды, ал
басталғаны тоқтатылуға жатады.
3. Егер Қазақстан Республикасының халықаралық шартында өзгеше көзделмесе, осы
баптың екiншi бөлiгiнiң қағидалары осы баптың бiрiншi бөлiгiнiң 2) және 3)
тармақшаларында аталған адамдарға қолданылмайды, бұған осы адамдардың жасаған құқық
бұзушылығы өздерінің қызметтік мiндеттерiн орындауға байланысты болған және
Қазақстан Республикасының мүдделерiне қарсы бағытталмаған жағдайлар қосылмайды.
877-бап. Дипломатиялық иммунитетті пайдаланатын адамдарды
жете тексеру, әкiмшiлiк ұстап алу және күштеп
әкелу
1. Осы Кодекстiң 876-бабы бiрiншi бөлiгiнiң
1), 4) – 7) тармақшаларында санамаланған адамдар, сондай-ақ Қазақстан
Республикасының халықаралық шартына сәйкес өзге де адамдар жеке басына
қолсұғылмаушылықты пайдаланады. Олардың өздерімен бірге дипломатиялық иммунитетті
пайдаланатын адамдардың мәртебесін растайтын құжаттары болған кезде, олардың
әкiмшiлiк құқық бұзушылық жасағаны үшiн жеке басын жете тексеруге, оларды ұстап
алуға немесе күштеп әкелуге болмайды. Олардың өздерімен алып жүрген заттарына да
жете тексеру жүргiзуге болмайды.
2. Егер шет мемлекет 876-баптың бiрiншi бөлiгiнiң 1), 4) – 7) тармақшаларында
көрсетілген адамдарға әкімшілік жауаптылықтан иммунитет беруден айқын білдірген бас
тарту ұсынса, іс бойынша іс жүргізу жалпы тәртіппен жүзеге асырылады.
878-бап. Айғақтар беруден дипломатиялық иммунитет
1. Осы Кодекстің 876-бабы бiрiншi бөлiгiнiң 1), 3) – 6) тармақшаларында
санамаланған адамдардың, сондай-ақ Қазақстан Республикасының халықаралық шартына
сәйкес өзге де адамдардың куә, жәбiрленушi ретiнде айғақтар бермеуiне болады, ал
мұндай айғақтар беруге келiскен кезде әкiмшiлiк құқық бұзушылық туралы iстi қарап
жатқан судьяға, органға (лауазымды адамға) осы үшін келуге мiндеттi емес. Сұрақ қою
үшiн көрсетілген адамдарға тапсырылған шақыруда олардың келмегенi үшiн мәжбүрлеу
шараларының қолданылу мүмкіндігі туралы ескерту қамтылмауға тиіс.
2. Егер осы адамдар әкiмшiлiк iс жүргiзу барысында жәбiрленушiлер, куәлар
ретiнде айғақтар берiп, ал iстiң қаралуына келмеген жағдайда, әкiмшiлiк құқық
бұзушылық туралы iстi қарап жатқан судья, орган (лауазымды адам) олардың айғақтарын
жария етеді.
3. Осы Кодекстiң 876-бабы бiрiншi бөлiгiнiң 2) тармақшасында аталған адамдар
өздерiнiң қызметтік мiндеттерiн орындауға байланысты мәселелер бойынша айғақтардан
басқа, куәлар және жәбiрленушiлер ретiнде айғақтар беруден бас тарта алмайды.
Консулдық лауазымды адамдар куә ретінде айғақтар беруден бас тартқан жағдайда,
оларға әкiмшiлiк құқық бұзушылық туралы iс бойынша қамтамасыз ету шараларын
қолдануға болмайды.
4. Дипломатиялық иммунитетті пайдаланатын адамдар әкiмшiлiк құқық бұзушылық
туралы iстi қарап жатқан судьяға, органға (лауазымды адамға) өздерiнiң қызметтік
міндеттерiн орындауға қатысты хат-хабарды және басқа да құжаттарды ұсынуға мiндеттi
емес.
879-бап. Үй-жайлардың және құжаттардың дипломатиялық
иммунитеті
1. Дипломатиялық өкiлдiк басшысының резиденциясы, дипломатиялық өкiлдiк
орналасқан үй-жайлар, дипломатиялық персонал мүшелерi мен олардың отбасы
мүшелерiнiң тұрғын үй-жайлары, олардағы мүлiк және жүрiп-тұру құралдары қол
сұғылмайтын болып табылады. Осы үй-жайларға кiру, оларды қарап-тексеру, сондай-ақ
жүрiп-тұру құралдарын тексерiп қарау дипломатиялық өкiлдiк басшысының немесе оны
алмастыратын адамның келiсуiмен ғана жүргiзілуі мүмкін.
2. Осы баптың бiрiншi бөлiгiнде көзделген иммунитет өзара түсіністік
негізінде, егер осы қызметкерлер мен олардың отбасы мүшелерi Қазақстан
Республикасының азаматтары болып табылмаса, дипломатиялық өкiлдiктің қызмет
көрсетушi персоналының қызметкерлерi мен олардың өздерiмен бiрге тұрып жатқан
отбасы мүшелерi орналасқан тұрғын үй-жайларына қолданылады.
3. Консулдық орналасқан үй-жай және консулдық басшысының резиденциясы өзара
келісім негiзде қолсұғылмаушылықты пайдаланады. Осы үй-жайларға кiру, оларды қарап-
тексеру тиiстi шет мемлекеттің консулдығы немесе дипломатиялық өкiлдiгi басшысының
өтiнуi бойынша немесе келiсуiмен ғана орын алуы мүмкiн.
4. Дипломатиялық өкiлдiктердiң және консулдықтардың мұрағаттары, ресми хат
жазысуы және басқа да құжаттары қол сұғылмайтын болып табылады. Оларды
дипломатиялық өкiлдiк, консулдық басшысының келiсуiнсiз қарап-тексеруге және алып
қоюға болмайды. Дипломатиялық пошта ашылмауға және кiдiртiлмеуге тиiс.
5. Осы баптың бiрiншi, екiншi және үшiншi бөлiктерiнде көрсетілген үй-
жайларға кiруге, оларға қарап-тексеру жүргiзуге, сондай-ақ осы баптың төртiншi
бөлiгiнде көрсетілген құжаттарды қарап-тексеруге және алуға дипломатиялық өкiлдiк
немесе консулдық басшысының келiсiмiн прокурор Қазақстан Республикасы Сыртқы iстер
министрлiгi арқылы сұратады.
6. Үй-жайларға кiруге, оларға қарап-тексеру жүргiзуге, сондай-ақ осы баптың
төртiншi бөлiгiнде көрсетілген құжаттарды қарап-тексеруге және алуға дипломатиялық
өкiлдiк немесе консулдық басшысының өтінуін немесе келiсiмiн алған жағдайда, олар
прокурордың және Қазақстан Республикасы Сыртқы iстер министрлiгi өкiлiнiң
қатысуымен жүргiзiледi.
50-тарау. ӘКІМШІЛІК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ ІСТЕР БОЙЫНША ІС
ЖҮРГІЗУДІ ЖҮЗЕГЕ АСЫРАТЫН ОРГАНДАРДЫҢ ШЕТ МЕМЛЕКЕТТЕРДІҢ
ӘКІМШІЛІК ҚҰҚЫҚ БҰЗУШЫЛЫҚ ТУРАЛЫ ІСТЕР БОЙЫНША ҚҰЗЫРЕТТІ
МЕКЕМЕЛЕРІМЕН ЖӘНЕ ЛАУАЗЫМДЫ АДАМДАРЫМЕН ӨЗАРА ІС-ҚИМЫЛЫ
880-бап. Әкімшілік құқық бұзушылық туралы істер бойынша
құқықтық көмек көрсетудің жалпы шарттары
1. Қазақстан Республикасы құқықтық көмек туралы халықаралық шарт жасасқан шет
мемлекеттердiң соттарына, органдарына (лауазымды адамдарына) құқықтық көмек көрсету
тәртібімен не өзара түсіністік негiзінде осы Кодексте көзделген іс-қимылдар,
сондай-ақ Қазақстан Республикасының басқа да заңдары мен халықаралық шарттарында
көзделген өзге де іс-қимылдар жүргiзiлуi мүмкiн.
2. Егер Қазақстан Республикасы ратификациялаған халықаралық шарттың ережелерi
осы Кодекске қайшы келетiн жағдайда, халықаралық шарттың ережелерi қолданылады.
3. Егер Қазақстан Республикасының халықаралық шартында өзгеше көзделмесе,
құқықтық көмек көрсетуге байланысты шығыстарды өз мемлекетiнiң аумағында сұрау
салынған мекеме көтереді.
881-бап. Ақпаратты және құжаттарды беру туралы сұрау
салуларды және жекелеген процестік әрекеттерді
жүргізу туралы тапсырмаларды жіберу
1. Ақпаратты және құжаттарды беру туралы сұрау салулар, жекелеген процестік
әрекеттерді жүргізу туралы тапсырмалар Қазақстан Республикасы ратификациялаған
халықаралық шарттарда көзделген жағдайларда, соттар, органдар (лауазымды адамдар)
арасында жіберілуі мүмкін.
2. Ақпаратты және құжаттарды беру туралы сұрау салуды, жекелеген процестік
әрекеттерді жүргізу туралы тапсырманы қандай сотқа, органға жіберуді анықтау мүмкін
болмаған жағдайларда, олар сұрау салынатын Тараптың орталық органына жіберіледі.
3. Ақпаратты және құжаттарды беру туралы сұрау салу, жекелеген процестік
әрекеттерді жүргізу туралы тапсырма жазбаша нысанда органның бланкісінде
ресімделеді және онда:
1) тиісті Тараптың сұрау салынатын органының атауы;
2) тиісті Тараптың сұрау салушы органының атауы;
3) қолданылатын заң мәтіні қоса беріліп, құқық бұзушылықтың және өзге де
оған қатысты фактілердің егжей-тегжейлі сипаттамасы, тауарлардың құны туралы, залал
мөлшері туралы деректер, сұрау салушы Тараптың заңнамасына сәйкес іс-әрекеттің
заңдық саралануы;
4) өздеріне қатысты әкімшілік құқық бұзушылық туралы іс бойынша іс жүргізіліп
жатқан тұлғалардың, куәлардың аты, әкесінің аты (ол болған кезде) және тегі,
олардың тұрғылықты жері немесе болатын жері, азаматтығы, кәсiбiнiң түрi, туған жері
мен жылы, айы, күні, заңды тұлғалар үшiн – олардың толық атауы және орналасқан жерi
(егер санамаланған мәліметтер туралы ақпарат бар болса);
5) құжатты тапсыру туралы тапсырмада алушының нақты мекенжайы мен
тапсырылатын құжаттың атауы да көрсетілуге тиіс;
6) ұсынылуға не орындалуға жататын мәліметтер мен әрекеттер тізбесі (сауал
жүргізу үшін қандай мән-жайлардың анықталуы әрі нақтылануы тиіс екендігін, сондай-
ақ сауал жүргізілетін тұлғаға қойылатын сұрақтардың дәйектілігі мен тұжырымдамасын
көрсету қажет) қамтылуға тиіс.
4. Ақпаратты және құжаттарды беру туралы сұрау салу, жекелеген процестік
әрекеттерді жүргізу туралы тапсырма:
1) талап етілетін іс-шаралардың орындалу мерзімінің көрсетілуін;
2) сұрау салуда көрсетілген іс-шараларды белгіленген тәртіппен жүргізу туралы
өтінішхатты;
3) сұрау салушы Тарап органдары өкілдерінің сұрау салуда көрсетілген іс-
шаралардың орындалуы кезінде қатысуға, сондай-ақ егер бұл Тараптардың заңнамасына
қайшы келмесе, олардың орындалуына қатысуға мүмкіндік беру туралы өтінішхатты;
4) сұрау салуды, тапсырманы орындауға байланысты өзге де өтінішхаттарды да
қамтуы мүмкін.
5. Ақпаратты және құжаттарды беру туралы сұрау салуға, жекелеген процестік
әрекеттерді жүргізу туралы тапсырмаға сұрау салушы органның басшысы немесе оның
орынбасары қол қояды. Сұрау салуға, тапсырмаға сұрау салу, тапсырма мәтінінде
сілтеме жасалған құжаттардың қолда бар көшірмелері, олардың тиісінше орындалуына
қажетті өзге де құжаттардың көшірмелері қоса берілуге тиіс.
6. Тараптардың органдары процестік құжаттарды пошта арқылы басқа Тараптың
аумағындағы әкімшілік құқық бұзушылықтар туралы істер бойынша іс жүргізуге
қатысушыларға тікелей жөнелтуі мүмкін.
7. Қосымша мәліметтер алу, алдыңғы сұрау салуды немесе тапсырманы орындау
шеңберінде алынған ақпаратты нақтылау қажет болған кезде, ақпараттар мен құжаттарды
беру туралы сұрау салуды, әкімшілік құқық бұзушылықтар туралы істер бойынша
жекелеген процестік әрекеттерді жүргізу туралы тапсырманы қайталап жіберуге жол
беріледі.
882-бап. Ақпаратты және құжаттарды беру туралы сұрау
салуларды және жекелеген процестік әрекеттерді
жүргізу туралы тапсырмаларды орындау тәртібі
1. Сот, орган (лауазымды адам) өздеріне белгіленген тәртіппен берілген, шет
мемлекеттердің тиісті мекемелері мен лауазымды адамдарының процестік
әрекеттерді жүргізу туралы тапсырмаларын осы Кодекстің жалпы қағидалары бойынша
орындайды.
2. Тапсырманы орындау кезінде, егер бұл Қазақстан Республикасының сол
мемлекетпен халықаралық шартында көзделсе, шет мемлекеттің процестік нормалары
қолданылуы мүмкін.
3. Халықаралық шартта көзделген жағдайларда тапсырманы орындау кезінде басқа
мемлекеттің құзыретті мекемесінің өкілі қатыса алады.
4. Егер сұрау салуды (тапсырманы) орындау мүмкін болмаса, оны орындауға
кедергі келтірген себептер көрсетіле отырып, алынған құжаттар тапсырма берген
шетелдік мекемеге қайтарылады. Егер тапсырманың орындалуы Қазақстан Республикасының
егемендігіне немесе қауіпсіздігіне нұқсан келтіретін болса не заңнамасына қайшы
келсе, ол қайтарылады.
5-БӨЛIМ. ӘКІМШІЛІК ЖАЗАЛАР ҚОЛДАНУ ТУРАЛЫ ҚАУЛЫЛАРДЫ ОРЫНДАУ
51-тарау. НЕГІЗГІ ЕРЕЖЕЛЕР
883-бап. Әкiмшiлiк құқық бұзушылық туралы iс бойынша
қаулының заңды күшiне енуi
Әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулы:
1) егер әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулыға шағым берiлмесе
немесе наразылық келтірілмесе, оған шағым беру үшiн белгiленген мерзiм өткеннен
кейiн;
2) шағым, наразылық бойынша қаулы шығарылғаннан кейiн, сондай-ақ осы
Кодекстiң 839-бабында көзделген жағдайда қаулы шығарылғаннан кейiн дереу;
3) осы Кодекстің 811-бабының екінші бөлігінде көзделген жағдайда дереу заңды
күшiне енедi.
884-бап. Әкiмшiлiк жаза қолдану туралы қаулының
мiндеттiлiгi
1. Әкiмшiлiк жаза қолдану туралы қаулы барлық мемлекеттiк органдардың,
жергiлiктi өзiн-өзi басқару органдарының, лауазымды адамдардың, жеке тұлғалардың
және олардың бiрлестiктерiнiң, заңды тұлғалардың орындауы үшiн мiндеттi.
2. Әкiмшiлiк жаза қолдану туралы қаулы заңды күшiне енген кезінен бастап
орындалуға жатады.
3. Арнайы құқықтан айыру және әкімшілік қамаққа алу түрiнде әкiмшiлiк жаза
қолдану туралы қаулы шығарылған кезінен бастап орындалуға жатады.
885-бап. Қаулыны орындауға енгізу
Әкiмшiлiк жаза қолдану туралы қаулыны орындауға енгізу қаулыны шығарған
судьяға, органға (лауазымды адамға) жүктеледi. Қаулы оны орындатуға уәкiлеттiк
берілген органға (лауазымды адамға) ол заңды күшiне енген күннен бастап бiр тәулiк
iшiнде жiберiледi. Арнайы құқықтан айыру түрiнде әкiмшiлiк жаза қолдану туралы
қаулы шығарылғаннан кейiн оны орындатуға уәкiлеттiк берілген органдарға дереу
жiберiледi.
886-бап. Әкiмшiлiк жаза қолдану туралы қаулыны орындауға
келтіру
1. Әкiмшiлiк жаза қолдану туралы қаулыны осы Кодексте белгiленген тәртiппен
осыған уәкілеттік берілген органдар орындауға келтіреді.
2. Бiр тұлғаға қатысты әкiмшiлiк жазалар қолдану туралы бiрнеше қаулы
шығарылған жағдайда, әрбір қаулы дербес орындауға келтіріледі.
3. Тұлғаның әкiмшiлiк жазадан жалтаруы, бұл жазаны заңнамаға сәйкес мәжбүрлеу
тәртiбiмен орындауға әкеп соғады.
887-бап. Әкiмшiлiк жаза қолдану туралы қаулыны орындауға
байланысты мәселелердi шешу
1. Әкiмшiлiк жаза қолдану туралы қаулы шығарған органға (лауазымды адамға)
осы қаулыны орындауға байланысты мәселелердi шешу және оның орындалуын бақылау
жүктеледi.
2. Әкiмшiлiк жаза қолдану туралы қаулының орындалуын кейiнге қалдыру,
мерзімін ұзарту, тоқтата тұру немесе тоқтату туралы, сондай-ақ кәмелетке толмаған
адамға салынған айыппұлды оның ата-анасынан немесе оларды алмастыратын адамдардан
өндiрiп алу туралы мәселелердi қаулы шығарған судья, орган (лауазымды адам) тиiстi
мәселенi шешу үшiн негiз пайда болған күннен бастап үш күндік мерзiмде қарайды.
3. Осы баптың екiншi бөлiгiнде көрсетілген мәселелердiң шешiлуiне мүдделi
тұлғаларға олардың қаралатын орны мен уақыты туралы хабарланады. Бұл ретте, мүдделi
тұлғалардың дәлелсіз себептермен келмеуі тиiстi мәселелердi шешу үшiн кедергi болып
табылмайды. Әкiмшiлiк қамаққа алуды өтеуден жалтару туралы мәселенi қарау кезiнде
әкiмшiлiк қамаққа алынған адамның қатысуы мiндеттi болып табылады.
4. Осы баптың екiншi бөлiгiнде көрсетілген мәселелер бойынша шешiм қаулы
түрiнде қабылданады.
5. Қаулының көшiрмесi өзіне қатысты қаулы шығарылған жеке тұлғаға немесе
заңды тұлғаның өкiлiне, сондай-ақ өзінің өтiнiшi бойынша жәбiрленушiге қолхатпен
дереу тапсырылады. Аталған тұлғалар болмаған жағдайда қаулының көшiрмесi ол
шығарылған күннен бастап үш күн iшiнде жiберiледi, бұл жөнінде iсте тиiстi жазба
жүргізіледі.
888-бап. Әкiмшiлiк жаза қолдану туралы қаулының орындалуын
кейiнге қалдыру және мерзімін ұзарту
Әкімшілік қамаққа алу, арнайы құқықтан айыру немесе айыппұл (әкiмшiлiк құқық
бұзушылық жасалған жерде айыппұл өндiрiп алуды қоспағанда) түрінде әкiмшiлiк жаза
қолдану туралы қаулының заңда белгiленген мерзiмдерде орындалуы мүмкiн болмайтын
мән-жайлар болған кезде, қаулы шығарған судья, орган (лауазымды адам) өзiне қатысты
қаулы шығарылған адамның арызы бойынша қаулының орындалуын бiр айға дейiнгi
мерзiмге кейiнге қалдыра алады. Әкiмшiлiк жауаптылыққа тартылған адамның
материалдық жағдайын ескере отырып, қаулы шығарған судья, орган (лауазымды адам)
айыппұл төлеудi үш айға дейiнгi мерзiмге ұзартуы мүмкін.
Екінші деңгейдегі банкке және (немесе) бас ұйым ретінде банк конгломератына
кіретін және екінші деңгейдегі банк болып табылмайтын ұйымға қайта құрылымдау
жүргізу туралы соттың заңды күшіне енген шешімі болған кезде, қаулы шығарған судья,
орган (лауазымды адам) екінші деңгейдегі банкке және (немесе) бас ұйым ретінде банк
конгломератына кіретін және екінші деңгейдегі банк болып табылмайтын ұйымға қайта
құрылымдауды тоқтату туралы сот шешімі заңды күшіне енгенге дейін әкімшілік жаза
қолдану туралы қаулыны олардың өтініштері бойынша кейінге қалдыруы мүмкін.
889-бап. Әкiмшiлiк жазаны орындаудан босату
Әкiмшiлiк жаза қолдану туралы қаулы шығарған судья, орган (лауазымды адао( �
1) әкiмшiлiк жауаптылық белгiлейтiн заңның немесе оның жекелеген ережелерiнiң
күшi жойылған;
2) осы Кодекстің 8-бабының екінші бөлігінде көзделген;
3) әкiмшiлiк жауаптылыққа тартылған тұлға қайтыс болған немесе заңда
белгiленген тәртiппен ол қайтыс болған деп жарияланған;
4) осы Кодекстің 890-бабында белгіленген әкімшілік жаза қолдану туралы
қаулыны орындаудың ескіру мерзімі өткен;
5) Қазақстан Республикасының 2008 жылғы 10 желтоқсандағы «Салық және бюджетке
төленетін басқа да міндетті төлемдер туралы» Қазақстан Республикасының кодексін
(Салық кодексі) қолданысқа енгізу туралы заңнамалық актісінде көзделген жағдайларда
қаулының орындалуын тоқтатады және әкiмшiлiк жазадан босатады.
890-бап. Әкімшілік жаза қолдану туралы қаулыны орындаудың
ескіруі
1. Әкімшілік жаза қолдану туралы қаулы, егер ол заңды күшіне енген күннен
бастап бір жыл ішінде, ал салық салу және Қазақстан Республикасының монополияға
қарсы заңнамасы саласындағы құқық бұзушылықтар үшін ол заңды күшіне енген күннен
бастап бес жыл ішінде орындалмаса, орындауға жатпайды.
2. Қаулыны орындау осы Кодекстiң 834-бабына сәйкес тоқтатыла тұрған жағдайда
ескіру мерзiмінiң өтуi шағым немесе наразылық қаралғанға дейiн тоқтатыла тұрады.
3. Егер әкiмшiлiк жауаптылыққа тартылған тұлға оны орындаудан жалтарса, осы
баптың бiрiншi бөлiгiнде көзделген ескіру мерзiмінiң өтуiне үзiліс жасалады. Бұл
жағдайда ескіру мерзiмінің өтуін есептеу осы тұлға табылған күннен бастап қайта
жалғасады.
4. Осы Кодекстiң 888-бабына сәйкес қаулыны орындау кейiнге қалдырылған
жағдайда, ескіру мерзiмінiң өтуi кейiнге қалдыру мерзiмi бiткенге дейiн тоқтатыла
тұрады, ал қаулыны орындау ұзартылған кезде ескіру мерзiмінiң өтуi ұзарту мерзіміне
ұзартылады.
891-бап. Әкімшілік жаза қолдану туралы қаулыны орындау
бойынша іс жүргізуді аяқтау
1. Жаза толық жүргізілген әкімшілік жаза қолдану туралы қаулыны жүргізілген
жаза туралы белгі соғып, қаулыны орындаған орган қаулы шығарған судьяға, органға
(лауазымды адамға) қайтарады.
2. Орындау жүргізілмеген немесе орындау толық жүргізілмеген әкімшілік жаза
қолдану туралы қаулы «Атқарушылық іс жүргізу және сот орындаушыларының мәртебесі
туралы» Қазақстан Республикасының Заңында көзделген жағдайларда және тәртіппен
әкімшілік құқық бұзушылық туралы қаулыны шығарған, хаттама жасаған органға
(лауазымды адамға) қайтарылады.
52-тарау. ӘКІМШІЛІК ЖАЗАЛАРДЫҢ ЖЕКЕЛЕГЕН ТҮРЛЕРІН ОРЫНДАУ ТӘРТІБІ
892-бап. Ескерту жасау туралы қаулыны орындау
Ескерту түрiндегi әкiмшiлiк жаза қолдану туралы қаулыны осы Кодекстiң 823-
бабына сәйкес қаулының көшiрмесiн тапсыру немесе жiберу жолымен қаулы шығарған
судья, орган (лауазымды адам) орындайды.
893-бап. Айыппұл салу туралы қаулыны өз еркімен орындау
1. Әкімшілік жауаптылыққа тартылған тұлға айыппұлды қаулы заңды күшіне енген
күннен бастап отыз тәуліктен кешіктірмей төлеуге тиіс.
Айыппұл осы Кодекстiң 888-бабында көзделгендей кейiнге қалдырылған жағдайда,
әкiмшiлiк жауаптылыққа тартылған тұлға кейінге қалдыру мерзімі өткен күннен бастап
төлеуге тиiс.
2. Әкімшілік құқық бұзушылық жасағаны үшін салынған айыппұлды айыппұл салу
туралы қаулыны шығарған, айыппұл төлеу қажеттігі туралы нұсқама берген судьяны
немесе органды (лауазымды адамны) жазбаша нысанда кейіннен хабардар ете отырып,
белгіленген тәртіппен мемлекеттік бюджетке жеке тұлға енгізеді немесе заңды тұлға
аударады.
894-бап. Жеке тұлғаға, дара кәсіпкерге, жекеше нотариусқа,
жеке сот орындаушысына және адвокатқа айыппұл
салу туралы қаулыны мәжбүрлеп орындату
1. Айыппұл салу туралы қаулыны сот, уәкілетті орган (лауазымды адам)
жауаптылыққа тартылған тұлғаның жалақысынан немесе өзге де кірістерінен айыппұл
сомасын мәжбүрлеу тәртiбiмен ұстап қалу үшiн ол жұмыс iстейтiн не сыйақы,
зейнетақы, стипендия алатын ұйымның әкiмшiлiгiне жiбередi. Айыппұл ұстап қалу алты
айдан аспайтын мерзiмде жүргізіледі. Айыппұлды өндiрiп алу кезектілігі Қазақстан
Республикасының Азаматтық кодексiнде көзделген тәртiппен жүргiзiледi.
2. Жауаптылыққа тартылған адам жұмыстан босатылған не оның жалақысынан немесе
өзге де кірістерінен айыппұл өндіріп алу мүмкiн болмаған жағдайларда, ұйымның
әкiмшiлiгi жұмыстан босатылған немесе өндіріп алуға мүмкiндік бермеуге әкеп соғатын
оқиға басталған күннен бастап он күндік мерзiмде, айыппұл салу туралы қаулыны,
айыппұл төлеу қажеттігі туралы нұсқаманы жауаптылыққа тартылған адамның жаңа жұмыс
орнын (егер ол белгiлi болса), өндiрiп алуға мүмкіндік бермеген себептердi
көрсетiп, сондай-ақ жүргiзiлген ұстап қалулар (егер мұндай жүргiзiлсе) туралы белгi
соғып, қаулы шығарған сотқа, органға (лауазымды адамға) қайтарады.
3. Егер айыппұл салынған жеке тұлға жұмыс iстемейтін болса немесе басқа да
себептер бойынша айыппұлды жалақысынан немесе өзге де табыстарынан өндiрiп алу
мүмкiн болмаса, қаулыны шығарған сот, уәкілетті орган айыппұл салу туралы қаулыны,
айыппұл төлеу қажеттігі туралы нұсқаманы Қазақстан Республикасының заңнамасында
көзделген тәртiппен мәжбүрлеп орындату үшiн сот орындаушысына жiбередi.
4. Мемлекеттік кіріс органдары қарайтын әкiмшiлiк құқық бұзушылықтар бойынша,
сондай-ақ дара кәсiпкерлерге, жекеше нотариустарға, жеке сот орындаушыларына және
адвокаттарға қатысты салық салу саласындағы өзге де әкiмшiлiк құқық бұзушылықтар
бойынша айыппұл салу туралы қаулыны Қазақстан Республикасының салық заңнамасында
белгiленген тәртiппен мемлекеттік кіріс органдары орындайды.
Ескерту. 894-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
895-бап. Заңды тұлғаға айыппұл салу туралы қаулыны
мәжбүрлеп орындату
1. Айыппұл салу туралы қаулыны сот, уәкiлеттi орган (лауазымды адам)
Қазақстан Республикасының азаматтық заңнамасында, Қазақстан Республикасының ақша
төлемі мен аударымы туралы, атқарушылық іс жүргізу және сот орындаушыларының
мәртебесі туралы заңнамасында белгiленген тәртiппен заңды тұлғаның банктік шотынан
оның келiсiмінсiз ақшаны алып қою үшiн сот орындаушысына жiбередi.
Мемлекеттік кіріс органдары қарайтын әкiмшiлiк құқық бұзушылықтар бойынша,
сондай-ақ салық салу саласындағы өзге де әкiмшiлiк құқық бұзушылықтар бойынша
айыппұл салу туралы қаулыны Қазақстан Республикасының салық заңнамасында
белгiленген тәртiппен мемлекеттік кіріс органдары орындайды.
2. Банк немесе банк операцияларының өзге түрлерін жүзеге асыратын ұйым
айыппұл сомасын белгіленген тәртіппен бюджетке аударуға міндетті.
3. Заңды тұлғаның шоттарында ақша болмаған жағдайда, сот орындаушысы
Қазақстан Республикасының заңдарына сәйкес борышкерге тиесілі басқа мүліктен
өндіріп алуды қолданады.
Ескерту. 895-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
896-бап. Айыппұл салу туралы қаулыны мәжбүрлеп орындатуға
жіберу тәртібі
1. Айыппұл салу туралы қаулы немесе айыппұл төлеу қажеттігі туралы нұсқама
сот орындаушыларына айыппұл салу туралы қаулыны ерікті түрде орындау мерзімі
өткеннен кейін он күн ішінде жіберіледі.
Айыппұл салу туралы қаулы немесе айыппұл төлеу қажеттiгi туралы нұсқама сот
орындаушысына жіберілген кезде оған айыппұл сомасының мемлекет кірісіне түспегені
туралы мәліметтер қоса беріледі.
2. Осы Кодекстің талаптары бұзыла отырып, мәжбүрлеп орындатуға жіберілген
айыппұл салу туралы қаулы, айыппұл төлеу қажеттігі туралы нұсқама әкімшілік жазаны
қолданған мемлекеттік органға қайтарылуға жатады.
3. Айыппұл салу туралы қаулыны, айыппұл төлеу қажеттігі туралы нұсқаманы
әкімшілік жаза қолданған органға қайтару, олардың кемшіліктерін жоя отырып,
мәжбүрлеп орындатуға қайта жіберу үшін кедергі болмайды.
897-бап. Әкімшілік жазалардың жекелеген түрлерін орындау
тәртібі
1. Қазақстан Республикасының заңнамасына сәйкес мемлекеттік кіріс органы
жіберген (тапсырған) мемлекеттік кіріс органына келу туралы алынған хабарлама және
(немесе) хабардар ету негізінде құқық бұзушылықты жасау фактісін мойындаған және
айыппұлды төлеумен келіскен адам хабарлама немесе хабардар ету алынған
(тапсырылған) күннен кейінгі күннен бастап он тәулік ішінде айыппұлды төлейді.
2. Осы баптың бірінші бөлігінде көрсетілген құжаттар олардың берілген күні,
жаза қолданған лауазымды адамның лауазымы, тегі, аты-жөні туралы мәліметтерді,
әкімшілік жауаптылыққа тартылған тұлға, осы Кодекстің осы құқық бұзушылық үшін
жауаптылықты көздейтін бабы, әкімшілік құқық бұзушылықтың жасалу уақыты мен орны,
әкімшілік айыппұл сомасы, айыппұлды төлеу үшін деректемелер туралы мәліметтерді де
қамтиды.
3. Осы баптың бірінші бөлігінде белгіленген талаптар орындалмаған жағдайда,
әкімшілік құқық бұзушылық туралы іс бойынша іс жүргізу осы Кодексте көзделген
тәртіппен жүзеге асырылады.
Ескерту. 897-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
898-бап. Айыппұл салу туралы қаулыны орындау бойынша iс
жүргiзудi аяқтау
Айыппұл толық өндіріп алынған айыппұл салу туралы қаулы орындалғаны туралы
белгi соғылып, қаулы шығарған органға (лауазымды адамға) қайтарылады.
899-бап. Әкiмшiлiк құқық бұзушылық жасау құралы не
нысанасы болған нәрсені, сол сияқты әкімшілік
құқық бұзушылық жасау нәтижесінде алынған
мүлікті тәркілеу туралы қаулыны орындау
1. Судьяның әкiмшiлiк құқық бұзушылық жасаудың құралы не нысанасы болған
нәрсені, сондай-ақ әкімшілік құқық бұзушылық жасау нәтижесінде алынған мүлікті,
оның ішінде кірістерді (дивидендтерді), ақша мен бағалы қағаздарды тәркілеу туралы
қаулысын заңнамада көзделген тәртіппен – сот орындаушысы, ал қаруды, оқ-дәрiлерді,
арнаулы жедел-iздестiру iс-шараларын жүргiзуге арналған арнаулы техникалық құралдар
мен ақпаратты қорғаудың криптографиялық құралдарын және есірткі заттарын тәркілеу
туралы қаулысын iшкi iстер органы орындайды.
2. Әкiмшiлiк құқық бұзушылық жасаудың құралы не нысанасы болған тәркіленген
нәрсені өткізу немесе одан әрі пайдалану Қазақстан Республикасының
Үкіметі белгілеген тәртіппен жүргiзiледi.
900-бап. Арнайы құқықтан айыру туралы қаулыны орындайтын
органдар
1. Тракторларды, өздiгiнен жүретiн машиналар мен техниканың басқа да түрлерiн
қоспағанда, көлiк құралдарын басқару құқығынан айыру туралы судьяның қаулысын iшкi
iстер органдарының лауазымды адамдары орындайды.
2. Тракторды, өздiгiнен жүретiн машинаны немесе техниканың басқа да түрлерiн
басқару құқығынан айыру туралы судьяның қаулысын өздiгiнен жүретiн машиналар мен
техниканың басқа да түрлерiнiң техникалық жай-күйiне мемлекеттiк қадағалауды жүзеге
асыратын органдардың лауазымды адамдары орындайды.
3. Кемелердi, оның iшiнде шағын көлемдi кемелердi басқару құқығынан айыру
туралы судьяның қаулысын кемелердi, оның iшiнде шағын көлемдi кемелердi пайдалану
қағидаларының сақталуына мемлекеттiк қадағалауды жүзеге асыратын органдардың
лауазымды адамдары орындайды.
4. Радиоэлектрондық және жоғары жиiлiктi құралдарды пайдалану құқығынан айыру
туралы судьяның қаулысын байланысқа мемлекеттiк қадағалауды жүзеге асыратын
органдардың лауазымды адамдары орындайды.
5. Аң аулау құқығынан айыру туралы судьяның қаулысын аң аулау қағидаларының
сақталуына мемлекеттiк қадағалауды жүзеге асыратын органдардың лауазымды адамдары
орындайды.
6. Қаруды алып жүру және сақтау құқығынан айыру туралы соттың қаулысын iшкi
iстер органдарының лауазымды адамдары орындайды.
901-бап. Арнайы құқықтан айыру туралы қаулыны орындау
тәртiбi
1. Көлiк құралдарын, кемелердi немесе техниканың өзге де түрлерiн басқару
құқығынан айыру туралы қаулыны орындау, егер жүргiзушi, кеме жүргiзушiсi немесе
тракторшы-машинист (тракторшы) көлiк құралдарының, кемелердiң (оның iшiнде шағын
көлемдi кемелердiң) және басқа да техниканың барлық түрлерiн басқару құқығынан
айырылған болса, тиiстi жүргiзушi куәлiгiн, кемелердi, оның iшiнде шағын көлемдi
кемелердi басқару құқығына куәлiктi немесе тракторшы-машинист (тракторшы) куәлiгiн
алып қою арқылы жүргiзiледi.
2. Егер жүргiзушi, кеме жүргiзушiсi немесе тракторшы-машинист (тракторшы)
көлiк құралдарының, кемелердiң, оның iшiнде шағын көлемдi кемелердiң немесе өзге де
техниканың барлық түрлерiн басқару құқығынан айырылмаған болса, онда жүргiзушi
куәлiгiнде, шағын көлемдi кеменi басқару құқығына куәлiкте немесе тракторшы-
машинист (тракторшы) куәлiгiнде олардың көлiк құралдарының, шағын көлемдi
кемелердiң, өздiгiнен жүретiн құрылғылардың қандай түрлерiн басқару құқығынан
айырылғаны туралы атап көрсетіледі.
3. Көлiк құралдарын немесе кемені басқару құқығына куәлiктi алып қою тәртiбiн
уәкiлеттi орган белгiлейдi.
4. Көлiк құралдарын, кеменi басқару құқығынан не тракторды немесе өзге де
өздiгiнен жүретiн машинаны басқару құқығынан айырылған жүргiзушi (кеме жүргiзушiсi)
немесе тракторшы-машинист (тракторшы) жүргiзушi куәлiгiн, кеме басқару құқығына
куәлiктi немесе тракторшы-машинист (тракторшы) куәлiгiн тапсырудан жалтарған
жағдайда, iшкi iстер органдары, кемелердi, оның iшiнде шағын көлемдi кемелердi
пайдалану қағидаларының сақталуына мемлекеттiк қадағалауды жүзеге асыратын
органдар, сондай-ақ өздiгiнен жүретiн машиналар мен техниканың басқа да түрлерінің
техникалық жай-күйiне мемлекеттiк қадағалауды жүзеге асыратын органдар белгiленген
тәртiппен жүргiзушi куәлiгiн, кеме басқару құқығына куәлiктi немесе тракторшы-
машинист (тракторшы) куәлiгiн алып қоюды жүргізеді.
5. Әкiмшiлiк жазаның осы түрi қолданылған адамға арнайы құқығынан айыру
мерзiмi өткеннен кейiн алып қойылған құжаттары белгiленген тәртiппен қайтарылады.
902-бап. Аң аулау құқығынан айыру туралы қаулыны орындау
тәртiбi
1. Аң аулау құқығынан айыру туралы қаулыны орындау аңшылық билеттi алып қою
арқылы жүргізіледі.
2. Аң аулау құқығынан айырылған тұлға аңшылық билетiн тапсырудан жалтарған
жағдайда, аңшылық билетті алып қоюды аң аулау қағидаларының сақталуына мемлекеттiк
қадағалауды жүзеге асыратын органдар белгiленген тәртiппен жүргізеді.
903-бап. Радиоэлектрондық құралдарды немесе жоғары
жиiлiктi құрылғыларды пайдалану құқығынан айыру
туралы қаулыны орындау тәртiбi
1. Радиоэлектрондық құралдарды немесе жоғары жиiлiктi құрылғыларды пайдалану
құқығынан айыру туралы қаулыны орындау радиоэлектрондық құралдарды немесе жоғары
жиiлiктi құрылғыларды пайдалануға арнайы рұқсатты алып қою арқылы жүргiзiледi.
2. Радиоэлектрондық құралдарды немесе жоғары жиiлiктi құрылғыларды пайдалану
құқығынан айырылған тұлға радиоэлектрондық құралдарды немесе жоғары жиiлiктi
құрылғыларды пайдалануға арнайы рұқсатты тапсырудан жалтарған жағдайда, тиiстi
уәкiлеттi мемлекеттiк орган радиоэлектрондық құралдарды немесе жоғары жиiлiктi
құрылғыларды пайдалануға арнайы рұқсатты алып қоюды белгiленген тәртiппен
жүргізеді.
3. Радиоэлектрондық құралдарды немесе жоғары жиiлiктi құрылғыларды
пайдалануға арнайы рұқсатты алып қою тәртiбiн ақпараттандыру және байланыс
саласындағы уәкiлеттi мемлекеттiк орган белгiлейдi.
904-бап. Қаруды алып жүру және сақтау құқығынан айыру
туралы қаулыны орындау тәртiбi
Қаруды алып жүру және сақтау құқығынан айыру туралы қаулыны орындау iшкi
iстер органдарының тиiстi куәлiкті және қаруды заңнамада көзделген тәртiппен алып
қоюы арқылы жүргізіледі.
905-бап. Рұқсаттан айыру не оның қолданылуын тоқтата тұру
туралы қаулыны орындау
Жеке тұлғаны, дара кәсiпкердi немесе заңды тұлғаны рұқсаттан айыру не оның
қолданылуын тоқтата тұру туралы қаулы осы Кодексте және рұқсаттар мен хабарламалар
туралы заңнамада белгiленген тәртiппен орындалады.
906-бап. Рұқсаттан айыру не оның қолданылуын тоқтата тұру
туралы қаулыны орындайтын органдар
Жеке тұлғаны, дара кәсiпкердi немесе заңды тұлғаны рұқсаттан айыру не оның
қолданылуын тоқтата тұру туралы қаулыны рұқсат берген органдардың лауазымды
адамдары орындайды.
907-бап. Рұқсаттан айыру не оның қолданылуын тоқтата тұру
туралы қаулыны орындау тәртiбi
1. Жеке тұлғаны, дара кәсiпкердi немесе заңды тұлғаны рұқсаттан айыру туралы
қаулыны орындау рұқсатты алып қою және (немесе) рұқсаттар мен хабарламалардың
мемлекеттік электрондық тізілімінен рұқсатты алып тастау арқылы жүргізіледі.
2. Жеке тұлға, дара кәсiпкер немесе заңды тұлға рұқсатты тапсырудан жалтарған
жағдайда, рұқсат берген орган – рұқсатты алып қою және рұқсаттар мен
хабарламалардың мемлекеттік электрондық тізілімінен рұқсатты алып тастау үшін
заңнамада көзделген шараларды қолданады.
908-бап. Рұқсаттан айыру не оның қолданылуын тоқтата тұру
мерзiмдерiн есептеу
1. Рұқсаттан айыру не оның қолданылуын тоқтата тұру мерзімі рұқсаттан айыру
(қолданылуын тоқтата тұру) туралы қаулы заңды күшiне енген күннен бастап
есептеледi.
2. Белгiлi бiр қызмет түрiне рұқсаттан айыру мерзiмi өткеннен кейiн әкiмшiлiк
жазаның осы шарасы қолданылған тұлға лицензияны заңнамада белгiленген тәртiппен
алады.
Рұқсаттың қолданылуын тоқтата тұру мерзiмi өткеннен кейiн әкiмшiлiк жазаның
осы шарасы қолданылған тұлғаға алынып қойылған рұқсат белгiленген тәртiппен
қайтарылады.
3. Рұқсаттың қолданылуы әкiмшiлiк жаза қолдану туралы қаулыда көрсетілген
күннен бастап және сонда көрсетiлген мерзiмге тоқтатыла тұрады.
909-бап. Қызметтi тоқтата тұру не оған тыйым салу туралы
қаулыны орындау
1. Заңды тұлғаның немесе дара кәсiпкердiң қызметiн тоқтата тұру не оған тыйым
салу түрiнде әкiмшiлiк жаза қолдану туралы қаулыны судья шығарады және шешiм заңды
күшiне енгеннен кейін заңды тұлғаның құрылтайшысы немесе дара кәсiпкер дереу
орындауға тиiс.
2. Өміріне және денсаулығына келтірілген зиянды өтеу, алименттерді өндіріп
алу бойынша, еңбек шарты бойынша жұмыс істейтін тұлғалардың еңбегіне ақы мен
өтемақы төлеу, әлеуметтік аударымдар, міндетті зейнетақы жарналары, міндетті
кәсіптік зейнетақы жарналары, салықтар мен бюджетке төленетін басқа да міндетті
төлемдер бойынша, айыппұлдарды төлеу бойынша төлемдерді қоспағанда, заңды тұлғаның
және дара кәсiпкердiң қызметi тоқтатыла тұрған кезеңде олардың банк шоттарындағы
ақшаларын пайдалану құқығы тоқтатыла тұрады. Қоғамдық бiрлестiктiң қызметi
тоқтатыла тұрған кезеңде оған бұқаралық ақпарат құралдарын пайдалануға, үгiт және
насихат жүргiзуге, митингiлер, демонстрациялар және басқа да бұқаралық іс-шараларды
өткiзуге, сайлауға қатысуға тыйым салынады. Егер қызметiн тоқтата тұрудың
белгiленген мерзiмі iшiнде қоғамдық бiрлестiк бұзушылықты жойса, онда қаулыда
көрсетілген мерзiм өткеннен кейiн қоғамдық бiрлестiк өз қызметiн қайта бастайды.
3. Заңды тұлға құрылтайшысы (басқарушы орган, лауазымды адам) немесе дара
кәсiпкер олардың қызметiн тоқтата тұру не оған тыйым салу түрiндегi судья қолданған
әкiмшiлiк жазаны өз еркiмен орындамаған жағдайда, қаулыны уәкiлеттi
орган атқарушылық iс жүргiзу тәртiбiмен орындайды.
910-бап. Қызметті тоқтата тұру не оған тыйым салу туралы
қаулыны орындау тәртiбi
1. Уәкiлеттi лауазымды адам ұйымдардың, жекелеген өндiрiстердiң жұмысын
iшiнара немесе толық тоқтата тұрады, ғимараттарды, құрылыстарды, жекелеген үй-
жайларды, қоймаларды, электр желiлерiн, жылыту аспаптарын пайдалануға тыйым салады.
2. Заңды тұлғаларды тiркеудi жүзеге асыратын орган заңды тұлғаның қызметiне
тыйым салу (тарату) туралы шешiмдi ала отырып, заңнамада көзделген қызметке тыйым
салу (тарату) тәртiбiнiң сақталуын тексередi және он тәулік iшiнде заңды тұлға
қызметiнiң тоқтатылғанын тiркейді, бұл жөнінде мемлекеттiк статистика саласындағы
уәкілетті органға хабарланады.
911-бап. Құрылысты мәжбүрлеп бұзу туралы қаулыны орындау
1. Заңсыз тұрғызылып жатқан немесе тұрғызылған құрылысты мәжбүрлеп бұзу
туралы соттың қаулысын өзiне қатысты осы әкiмшiлiк жаза шығарылған тұлға орындайды.
2. Заңсыз тұрғызылып жатқан немесе тұрғызылған құрылысты мәжбүрлеп бұзу
түрiнде сот қолданған әкiмшiлiк жаза өз еркiмен орындалмаған жағдайда, қаулыны
уәкiлеттi орган атқарушылық iс жүргiзу тәртiбiмен орындайды.
912-бап. Құрылысты мәжбүрлеп бұзу туралы қаулыны орындау
бойынша шығыстар
Заңсыз тұрғызылып жатқан немесе тұрғызылған құрылысты мәжбүрлеп бұзып тастау
құқық бұзушының есебiнен жүзеге асырылады.
913-бап. Әкiмшiлiк қамаққа алу туралы қаулыны орындау
1. Судьяның қамаққа алу туралы қаулысын Қазақстан Республикасының
заңнамасында белгiленген тәртiппен iшкi iстер органдары және әскери полиция
органдары орындайды.
2. Әкiмшiлiк қамаққа алынған тұлғалар iшкi iстер органдары айқындайтын
орындарда күзетпен ұсталады. Әкiмшiлiк қамаққа алу туралы қаулыны орындау кезiнде
қамаққа алынғандардың жеке басы жете тексеріледі.
Әскери қызметшiлер әкiмшiлiк қамаққа алуды гауптвахталарда өтейдi.
3. Әкiмшiлiк қамаққа алу жазасын өтеу Қазақстан Республикасының заңнамасында
белгiленген қағидалар бойынша жүргізіледі.
914-бап. Әкiмшiлiк қамаққа алу жазасын өтеуден жалтару
салдары
Егер әкiмшiлiк қамаққа алынған тұлға әкiмшiлiк қамаққа алу мерзiмi өткенге
дейiн оны өтейтiн орынды өз бетiмен тастап кетсе, өтеген мерзімі судьяның
қаулысымен әкімшілік қамаққа алу мерзiмiне толық немесе iшiнара есептелмеуi мүмкiн.
Бұл ретте судья әкiмшiлiк қамаққа алуды өтеу мерзiмiнiң басталуын жаңадан
белгiлейдi.
915-бап. Мүлiктiк залалды өтеу бөлiгiнде қаулыны орындау
Осы Кодекстiң 59-бабына сәйкес өндiрiп алуға жататын мүлiктiк залалды өтеу
бөлiгiнде әкiмшiлiк құқық бұзушылық туралы iс бойынша қаулы заңнамада белгiленген
тәртiппен орындалады.
916-бап. Шетелдiктерді және азаматтығы жоқ адамдарды
Қазақстан Республикасынан әкiмшiлiк жолмен
шығарып жiберу туралы қаулыны орындау
1. Шетелдiктердi немесе азаматтығы жоқ адамдарды Қазақстан Республикасынан
әкiмшiлiк жолмен шығарып жiберу туралы қаулыны орындау Қазақстан Республикасынан
шығарып жiберiлетiн адамға бақылау жасала отырып, өздігінен кетуi арқылы
жүргiзiледi.
Шығарып жіберу бойынша шығыстарды шығарып жіберілетін заңсыз көшіп келушілер,
көшіп келушіні Қазақстан Республикасына шақырған жеке немесе заңды тұлғалар
көтереді. Аталған адамдардың шығарып жіберу бойынша шығыстарды жабуға қаражаты
болмаған не жеткіліксіз болған жағдайларда, тиісті іс-шараларды қаржыландыру бюджет
қаражаты есебінен жүргізіледі.
Қазақстан Республикасы ратификациялаған халықаралық шарттарға сәйкес, осы
адамдарды жеткізген көлік ұйымы келу құқығынсыз келген адамдарды Қазақстан
Республикасының аумағынан әкету үшін жауапты болып табылады.
2. Шығарып жіберу туралы сот шешімін орындамаған және шешімде көрсетілген
мерзімде Қазақстан Республикасының аумағынан кетпеген адам сот шешімі бойынша
мәжбүрлеу тәртібімен шығарып жіберілуге жатады.
3. Егер шығарып жiберiлетiн адамды шет мемлекеттің өкiлiне беру Қазақстан
Республикасының аталған мемлекетпен шартында көзделмесе, шығарып жiберу Қазақстан
Республикасы Ұлттық қауіпсіздік комитетінің Шекара қызметі айқындайтын орында
жүзеге асырылады.
4. Егер шығарып жiберу Қазақстан Республикасының аталған мемлекетпен шартында
көзделсе, шетелдiктердi немесе азаматтығы жоқ адамдарды Қазақстан Республикасының
Мемлекеттiк шекарасы арқылы өткiзу пунктінен шығарып жiберу туралы аумағына (аумағы
арқылы) аталған адам шығарып жiберiлетiн шет мемлекеттiң билігi хабардар етiледi.
5. Әкiмшiлiк жолмен шығарып жiберу туралы қаулыны орындау екiжақты немесе
бiржақты акт түрiнде ресiмделедi.
917-бап. Шетелдiктерді және азаматтығы жоқ адамдарды
Қазақстан Республикасынан әкiмшiлiк жолмен
шығарып жiберу туралы қаулыны орындауды жүзеге
асыратын органдар
Шетелдiктерді немесе азаматтығы жоқ адамдарды Қазақстан Республикасынан
әкiмшiлiк жолмен шығарып жiберу туралы қаулыны:
1) осы Кодекстiң 513 (екiншi бөлiгi), 514 (екінші бөлігі), 516 (екінші
бөлігі), 517 (екінші, төртінші, алтыншы, жетінші бөліктері)-баптарында көзделген
құқық бұзушылықтар жасалған кезде Қазақстан Республикасы Ұлттық қауіпсіздік
комитетінің Шекара қызметi;
2) осы Кодекстiң 109, 449 (үшінші бөлігі), 490 (үшінші, жетінші
бөліктері), 495 (екінші бөлігі), 517 (екінші, төртінші, бесінші бөліктері)-
баптарында көзделген құқық бұзушылықтар жасалған кезде iшкi iстер органдары
орындайды.
Ескерту. 917-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
918-бап. Жол жүрiсi қағидаларын бiлудi тексеру туралы
қаулыны орындау
Жол жүрiсi қағидаларын бiлудi тексеру туралы қаулыны заңнамада белгiленген
тәртiппен ішкi iстер органдары орындайды.
53-тарау. ҚОРЫТЫНДЫ ЕРЕЖЕЛЕР
919-бап. Осы Кодексті қолдану тәртібі
Осы Кодекс қолданысқа енгізілгенге дейін әкімшілік құқық бұзушылық туралы
істерді қарауға уәкілеттік берілген сот, органдар (лауазымды адамдар) шығарған және
орындалмаған әкімшілік құқық бұзушылық туралы іс бойынша қаулылар, заң әкімшілік
құқық бұзушылық үшін жауаптылықты жеңілдететін немесе күшін жоятын не әкімшілік
құқық бұзушылық жасаған тұлғаның жағдайын өзгеше жолмен жақсартатын жағдайда
әкімшілік құқық бұзушылықтар туралы заңның кері күшін белгілейтін осы Кодекстің 5-
бабына оларды сәйкес келтіру мақсатында қайта қаралуға жатады. Бұрын шығарылған
қаулыларды қайта қарауды өзіне қатысты қаулы шығарылған тұлғаның арызы бойынша
қаулы шығарған сот судьясы, органның лауазымды адамы жүргізеді.
920-бап. Осы Кодексті қолданысқа енгізу тәртібі
1. Осы Кодекс қолданысқа енгізілген күннен бастап:
2001 жылғы 30 қаңтардағы Қазақстан Республикасының Әкімшілік құқық бұзушылық
туралы кодексінің (Қазақстан Республикасы Парламентінің Жаршысы, 2001 ж., № 5-6,
24-құжат; № 17-18, 241-құжат; № 21-22, 281-құжат; 2002 ж., № 4, 33-құжат; № 17,
155-құжат; 2003 ж., № 1-2, 3-құжат; № 4, 25-құжат; № 5, 30-құжат; № 11, 56, 64, 68-
құжаттар; № 14, 109-құжат; № 15, 122, 139-құжаттар; № 18, 142-құжат; № 21-22, 160-
құжат; № 23, 171-құжат; 2004 ж., № 6, 42-құжат; № 10, 55-құжат; № 15, 86-құжат; №
17, 97-құжат; № 23, 139, 140-құжаттар; № 24, 153-құжат; 2005 ж., № 5, 5-құжат; № 7-
8, 19-құжат; № 9, 26-құжат; № 13, 53-құжат; № 14, 58-құжат; № 17-18, 72-құжат; №
21-22, 86, 87-құжаттар; № 23, 104-құжат; 2006 ж., № 1, 5-құжат; № 2, 19, 20-
құжаттар; № 3, 22-құжат; № 5-6, 31-құжат; № 8, 45-құжат; № 10, 52-құжат; № 11, 55-
құжат; № 12, 72, 77-құжаттар; № 13, 85, 86-құжаттар; № 15, 92, 95-құжаттар; № 16,
98, 102-құжаттар; № 23, 141-құжат; 2007 ж., № 1, 4-құжат; № 2, 16, 18-құжаттар; №
3, 20, 23-құжаттар; № 4, 28, 33-құжаттар; № 5-6, 40-құжат; № 9, 67-құжат; № 10, 69-
құжат; № 12, 88-құжат; № 13, 99-құжат; № 15, 106-құжат; № 16, 131-құжат; № 17, 136,
139, 140-құжаттар; № 18, 143, 144-құжаттар; № 19, 146, 147-құжаттар; № 20, 152-
құжат; № 24, 180-құжат; 2008 ж., № 6-7, 27-құжат; № 12, 48, 51-құжаттар; № 13-14,
54, 57, 58-құжаттар; № 15-16, 62-құжат; № 20, 88-құжат; № 21, 97-құжат; № 23, 114-
құжат; № 24, 126, 128, 129-құжаттар; 2009 ж., № 2-3, 7, 21-құжаттар; № 9-10, 47,
48-құжаттар; № 13-14, 62, 63-құжаттар; № 15-16, 70, 72, 73, 74, 75, 76-құжаттар; №
17, 79, 80, 82-құжаттар; № 18, 84, 86-құжаттар; № 19, 88-құжат; № 23, 97, 115, 117-
құжаттар; № 24, 121, 122, 125, 129, 130, 133, 134-құжаттар; 2010 ж., № 1-2, 1, 4,
5-құжаттар; № 5, 23-құжат; № 7, 28, 32-құжаттар; № 8, 41-құжат; № 9, 44-құжат; №
11, 58-құжат; № 13, 67-құжат; № 15, 71-құжат; № 17-18, 112, 114-құжаттар; № 20-21,
119-құжат; № 22, 128, 130-құжаттар; № 24, 146, 149-құжаттар; 2011 ж., № 1, 2, 3, 7,
9-құжаттар; № 2, 19, 25, 26, 28-құжаттар; № 3, 32-құжат; № 6, 50-құжат; № 8, 64-
құжат; № 11, 102-құжат; № 12, 111-құжат; № 13, 115, 116-құжаттар; № 14, 117-құжат;
№ 16, 128, 129-құжаттар; № 17, 136-құжат; № 19, 145-құжат; № 21, 161-құжат; № 24,
196-құжат; 2012 ж., № 1, 5-құжат; № 2, 9, 11, 13, 14, 16-құжаттар; № 3, 21, 22, 25,
26, 27-құжаттар; № 4, 32-құжат; № 5, 35, 36-құжаттар; № 8, 64-құжат; № 10, 77-
құжат; № 12, 84, 85-құжаттар; № 13, 91-құжат; № 14, 92, 93, 94-құжаттар; № 15, 97-
құжат; № 20, 121-құжат; № 23-24, 125-құжат; 2013 ж., № 1, 2, 3-құжаттар; № 2, 10,
11, 13-құжаттар; № 4, 21-құжат; № 7, 36-құжат; № 8, 50-құжат; № 9, 51-құжат; № 10-
11, 54, 56-құжаттар; № 13, 62, 63, 64-құжаттар; № 14, 72, 74, 75-құжаттар; № 15,
77, 78, 79, 81, 82-құжаттар; № 16, 83-құжат; № 23-24, 116-құжат; 2014 ж., № 1, 6,
9-құжаттар; № 2, 10, 11-құжаттар; № 3, 21-құжат; № 4-5, 24-құжат; № 7, 37-құжат; №
8, 44, 46, 49-құжаттар; 2014 жылғы 14 маусымда «Егемен Қазақстан» және
«Казахстанская правда» газеттерінде жарияланған «Қазақстан Республикасының кейбір
заңнамалық актілеріне қылмыстық жолмен алынған кірістерді заңдастыруға
(жылыстатуға) және терроризмді қаржыландыруға қарсы іс-қимыл мәселелері бойынша
өзгерістер мен толықтырулар енгізу туралы» 2014 жылғы 10 маусымдағы Қазақстан
Республикасының Заңы) күші жойылды деп танылсын.
2. Осы Кодекс, 2016 жылғы 1 қаңтардан бастап қолданысқа енгiзiлетiн 281-
баптың бесiншi бөлiгiнiң 8) тармақшасын және 282-баптың үшінші бөлігінің 6)
тармақшасын қоспағанда, 2015 жылғы 1 қаңтардан бастап қолданысқа енгiзiледi.
Ескерту. 920-бапқа өзгеріс енгізілді - ҚР 29.12.2014 № 272-V Заңымен
(01.01.2015 бастап қолданысқа енгізіледі).
Қазақстан Республикасының
Президенті Н.Назарбаев
© 2012. Қазақстан Республикасы Әділет министрлігінің "Республикалық құқықтық ақпарат
орталығы" ШЖҚ РМК
Об административных правонарушениях
Архивная версия
Кодекс Республики Казахстан от 5 июля 2014 года № 235-V ЗРК
ОГЛАВЛЕНИЕ
Примечание РЦПИ!
Порядок введения в действие настоящего Кодекса см. ст. 920
Сноска:
по всему тексту Кодекса:
слова «налоговый орган», «налоговые органы», «в налоговом органе»,
«налогового органа», «налоговых органов», «орган налоговой службы», «органа
налоговой службы», «органом налоговой службы», «органы налоговой службы», «органами
налоговой службы», «органов налоговой службы» заменены словами «орган
государственных доходов», «органы государственных доходов», «в органе
государственных доходов», «органа государственных доходов», «органом
государственных доходов», «органами государственных доходов», «органов
государственных доходов»;
слова «таможенный орган», «таможенные органы», «таможенного органа»,
«таможенному органу», «таможенных органов», «таможенным органом», «таможенными
органами» заменены словами «орган государственных доходов», «органы государственных
доходов», «органа государственных доходов», «органу государственных доходов»,
«органов государственных доходов», «органом государственных доходов», «органами
государственных доходов» в соответствии с Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
РАЗДЕЛ 1. ОБЩИЕ ПОЛОЖЕНИЯ
Глава 1. ЗАКОНОДАТЕЛЬСТВО
ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ
Статья 1. Законодательство Республики Казахстан об
административных правонарушениях
1. Законодательство Республики Казахстан об административных правонарушениях
состоит из настоящего кодекса.
2. Настоящий Кодекс основывается на Конституции Республики Казахстан,
общепризнанных принципах и нормах международного права.
3. Международные договорные и иные обязательства Республики Казахстан, а
также нормативные постановления Конституционного Совета и Верховного Суда
Республики Казахстан, регулирующие административно-деликтные правоотношения,
являются составной частью законодательства об административных правонарушениях.
4. Международные договоры, ратифицированные Республикой Казахстан, имеют
приоритет перед настоящим Кодексом и применяются непосредственно, кроме случаев,
когда из международного договора следует, что для его применения требуется издание
закона. Если международным договором, ратифицированным Республикой Казахстан,
установлены иные правила, чем те, которые предусмотрены законодательством
Республики Казахстан об административных правонарушениях, то применяются правила
международного договора.
Статья 2. Основание административной ответственности
Основанием административной ответственности является совершение деяния,
содержащего все признаки состава правонарушения, предусмотренного в Особенной части
настоящего Кодекса.
Статья 3. Действие законодательства Республики Казахстан
об ответственности за административные
правонарушения в пространстве
1. Лицо, совершившее административное правонарушение на территории Республики
Казахстан, подлежит ответственности по настоящему Кодексу.
2. Административным правонарушением, совершенным на территории Республики
Казахстан, признается деяние, которое начато или продолжилось либо было окончено на
территории Республики Казахстан. Действие настоящего Кодекса распространяется также
на административные правонарушения, совершенные на континентальном шельфе и в
исключительной экономической зоне Республики Казахстан.
3. Лицо, совершившее административное правонарушение на судне, приписанном к
порту Республики Казахстан и находящемся в открытом водном или воздушном
пространстве вне пределов Республики Казахстан, подлежит административной
ответственности по настоящему Кодексу, если иное не предусмотрено международным
договором Республики Казахстан. По настоящему Кодексу административную
ответственность несет также лицо, совершившее административное правонарушение на
военном корабле или военном воздушном судне Республики Казахстан независимо от
места его нахождения.
4. Вопрос об административной ответственности дипломатических представителей
иностранных государств и иных иностранцев, которые пользуются иммунитетом, в случае
совершения этими лицами правонарушения на территории Республики Казахстан
разрешается в соответствии с нормами международного права.
Статья 4. Действие законодательства Республики Казахстан
об ответственности за административные
правонарушения во времени
1. Лицо, совершившее административное правонарушение, подлежит
ответственности на основании законодательства, действовавшего во время совершения
этого правонарушения.
2. Временем совершения административного правонарушения признается время
осуществления деяния, предусмотренного Особенной частью настоящего Кодекса,
независимо от времени наступления последствий.
Статья 5. Обратная сила закона об административных
правонарушениях
1. Закон, смягчающий или отменяющий административную ответственность за
административное правонарушение либо иным образом улучшающий положение лица,
совершившего административное правонарушение, имеет обратную силу, то есть
распространяется на правонарушение, совершенное до введения этого закона в действие
и в отношении которого постановление о наложении административного взыскания не
исполнено.
2. Закон, устанавливающий или усиливающий административную ответственность за
административное правонарушение или иным образом ухудшающий положение лица,
обратной силы не имеет.
Сноска. Статья 5 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Глава 2. ЗАДАЧИ И ПРИНЦИПЫ ЗАКОНОДАТЕЛЬСТВА ОБ АДМИНИСТРАТИВНЫХ
ПРАВОНАРУШЕНИЯХ Статья 6. Задачи законодательства об административных
правонарушениях
1. Законодательство об административных правонарушениях имеет задачей охрану
прав, свобод и законных интересов человека и гражданина, здоровья, санитарно-
эпидемиологического благополучия населения, окружающей среды, общественной
нравственности, собственности, общественного порядка и безопасности, установленного
порядка осуществления государственной власти и государственного управления,
охраняемых законом прав и интересов организаций от административных правонарушений,
а также предупреждение их совершения.
2. Для осуществления этой задачи законодательство об административных
правонарушениях устанавливает основания и принципы административной
ответственности, определяет, какие деяния являются административными
правонарушениями и виды взысканий, налагаемых за их совершение, а также какое
административное взыскание, каким государственным органом (должностным лицом) и в
каком порядке может быть наложено на лицо, совершившее административное
правонарушение.
Статья 7. Значение принципов законодательства об
административных правонарушениях
Значение принципов законодательства об административных правонарушениях
состоит в том, что их нарушение в зависимости от его характера и существенности
влечет признание состоявшегося производства по делу недействительным, отмену
вынесенных в ходе такого производства решений либо признание собранных при этом
материалов, не имеющих силы доказательств.
Статья 8. Законность
1. Административные правонарушения, меры административного взыскания, меры
обеспечения производства по делу об административном правонарушении и меры
административно-правового воздействия определяются только настоящим Кодексом. Никто
не может быть подвергнут административному взысканию, мерам административно-
правового воздействия или мерам обеспечения производства по делу об
административном правонарушении иначе как на основаниях и в порядке, установленных
настоящим Кодексом.
2. Суд, органы (должностные лица), уполномоченные рассматривать дела об
административных правонарушениях, при производстве по делам об административных
правонарушениях обязаны точно соблюдать требования Конституции Республики
Казахстан, настоящего Кодекса, иных нормативных правовых актов, указанных в статье
1 настоящего Кодекса. Конституция Республики Казахстан имеет высшую юридическую
силу и прямое действие на всей территории Республики Казахстан. В случае
противоречия между правилами, установленными законом и Конституцией Республики
Казахстан, действуют положения Конституции.
3. Суды не вправе применять законы и иные нормативные правовые акты,
ущемляющие закрепленные Конституцией Республики Казахстан права и свободы человека
и гражданина. Если суд усмотрит, что закон или иной нормативный правовой акт,
подлежащий применению, ущемляет закрепленные Конституцией права и свободы человека
и гражданина, он обязан приостановить производство по делу и обратиться
в Конституционный Совет Республики Казахстан с представлением о признании этого
акта неконституционным. По получении судом решения Конституционного Совета
производство по делу возобновляется.
Решения судов и органов (должностных лиц), уполномоченных рассматривать дела
об административных правонарушениях, основанные на законе или ином нормативном
правовом акте, признанном неконституционным, исполнению не подлежат.
4. Нарушение закона судом, органами (должностными лицами), уполномоченными
рассматривать дела об административных правонарушениях, при производстве по делам
об административных правонарушениях недопустимо и влечет за собой установленную
законом ответственность, признание недействительными принятых актов и их отмену.
Статья 9. Равенство перед законом и судом
В ходе производства по делам об административных правонарушениях все равны
перед законом и судом. Никто не может подвергаться какой-либо дискриминации по
мотивам происхождения, социального, должностного и имущественного положения, пола,
расы, национальности, языка, отношения к религии, убеждений, места жительства или
по любым иным обстоятельствам.
Статья 10. Презумпция невиновности
1. Лицо, в отношении которого возбуждено дело об административном
правонарушении, считается невиновным, пока его виновность не будет доказана в
предусмотренном настоящим Кодексом порядке и установлена вступившим в законную силу
постановлением судьи, органа (должностного лица), рассмотревшего в пределах своих
полномочий дело.
2. Никто не обязан доказывать свою невиновность.
3. Любые сомнения в виновности толкуются в пользу лица, в отношении которого
возбуждено дело об административном правонарушении. В его же пользу должны
разрешаться и сомнения, возникающие при применении законодательства об
административных правонарушениях.
Статья 11. Принцип вины
1. Физическое лицо подлежит административной ответственности только за те
правонарушения, в отношении которых установлена его вина. Объективное вменение, то
есть административная ответственность за невиновное причинение физическим лицом
вреда, не допускается.
2. Виновным в административном правонарушении признается физическое лицо,
совершившее деяние умышленно или по неосторожности.
Статья 12. Недопустимость повторного привлечения к
административной ответственности
Никто не может быть дважды привлечен к административной ответственности за
одно и то же правонарушение.
Статья 13. Принцип гуманизма
Административное взыскание, применяемое к лицу, совершившему правонарушение,
не может иметь своей целью причинение физических страданий или унижение
человеческого достоинства.
Статья 14. Неприкосновенность личности
1. Никто не может быть подвергнут административному задержанию, приводу,
доставлению в органы внутренних дел (полицию) или другие государственные органы,
личному досмотру и досмотру находящихся при физическом лице вещей или иным мерам
обеспечения производства по делу об административном правонарушении иначе как на
основаниях и в порядке, установленных настоящим Кодексом.
2. Административный арест как мера административного взыскания может
налагаться только по постановлению судьи в случаях и порядке, установленных
настоящим Кодексом.
3. Каждому задержанному, подвергнутому приводу, доставленному в органы
внутренних дел (полицию) или другой государственный орган, немедленно сообщаются
основания задержания, привода, доставления, а также юридическая квалификация
административного правонарушения, совершение которого ему вменяется.
4. Государственный орган (должностное лицо) обязан немедленно освободить
незаконно задержанного, подвергнутого приводу, доставлению или находящегося под
административным арестом свыше срока, предусмотренного постановлением судьи.
5. Никто из участвующих в деле об административном правонарушении лиц не
может подвергаться пыткам, насилию, жестокому или унижающему человеческое
достоинство обращению.
6. Совершение в процессе производства по делу об административном
правонарушении против воли лица либо его представителя действий, нарушающих
неприкосновенность личности, возможно только в случаях и порядке, прямо
предусмотренных настоящим Кодексом.
7. Содержание лица, в отношении которого в качестве меры административного
взыскания избран административный арест, а также лица, подвергнутого
административному задержанию, должно осуществляться в условиях, исключающих угрозу
его жизни и здоровью.
8. Вред, причиненный физическому лицу в результате незаконного
административного ареста, содержания в условиях, опасных для жизни и здоровья,
жестокого обращения с ним, подлежит возмещению в порядке, предусмотренном законом.
Статья 15. Уважение чести и достоинства личности
1. При производстве по делам об административных правонарушениях запрещаются
решения и действия, унижающие честь или умаляющие достоинство лица, участвующего в
деле, не допускаются сбор, использование и распространение сведений о частной
жизни, а равно сведений личного и делового характера, которые лицо считает
необходимым сохранить в тайне, для целей, не предусмотренных настоящим Кодексом.
2. Моральный вред, причиненный лицу в ходе производства по делам об
административных правонарушениях незаконными действиями суда, других
государственных органов и должностных лиц, подлежит возмещению в установленном
законом порядке.
Статья 16. Неприкосновенность частной жизни и охрана
тайны
Частная жизнь, личная, семейная, коммерческая и иная охраняемая законом тайна
находятся под охраной закона. Каждый имеет право на тайну личных вкладов и
сбережений, переписки, телефонных переговоров, почтовых, телеграфных и иных
сообщений. Ограничения этих прав в ходе производства по делу об административном
правонарушении допускаются только в случаях и порядке, прямо установленных законом.
Статья 17. Неприкосновенность собственности
1. Собственность гарантируется законом. Никто не может быть лишен своего
имущества иначе как по решению суда.
2. Изъятие имущества и документов; отстранение от управления транспортным
средством, маломерным судном; задержание транспортного средства, маломерного судна;
досмотр транспортных средств, маломерных судов; осмотр территорий, помещений,
транспортных средств, товаров, иного имущества, а также соответствующих документов,
применение иных мер обеспечения производства по делу об административном
правонарушении, посягающих на собственность, могут производиться только в случаях и
порядке, предусмотренных настоящим Кодексом.
Статья 18. Независимость суда (судьи) и органа
(должностного лица), уполномоченного
рассматривать дела об административных
правонарушениях
Суды (судьи) и органы (должностные лица), уполномоченные рассматривать дела
об административных правонарушениях, разрешают их в условиях, исключающих
постороннее воздействие на них. Какое-либо вмешательство в деятельность суда
(судьи) и органа (должностного лица), уполномоченного рассматривать дела об
административных правонарушениях, недопустимо и влечет установленную законом
ответственность.
Статья 19. Освобождение от обязанности давать
свидетельские показания
1. Никто не обязан давать показания против себя самого, супруга (супруги) и
своих близких родственников, круг которых определен законом.
2. Священнослужители не обязаны свидетельствовать против доверившихся им на
исповеди.
3. В случаях, предусмотренных частями первой и второй настоящей статьи,
указанные лица вправе отказаться от дачи показаний и не могут быть подвергнуты за
это какой бы то ни было ответственности.
Статья 20. Обеспечение прав на квалифицированную
юридическую помощь
1. Каждый имеет право на получение в ходе административного производства
квалифицированной юридической помощи в соответствии с положениями настоящего
Кодекса.
2. В случаях, предусмотренных законом, юридическая помощь оказывается
бесплатно.
Статья 21. Гласность производства по делам об
административных правонарушениях
1. Суд, органы (должностные лица), уполномоченные рассматривать дела об
административных правонарушениях, осуществляют производство по этим делам открыто.
2. В соответствии с законом закрытое производство осуществляется в отношении
дел, содержащих сведения, являющиеся государственными секретами, а также при
удовлетворении судом, органом (должностным лицом), уполномоченным рассматривать
дела об административных правонарушениях, ходатайства участвующего в деле лица,
ссылающегося на необходимость обеспечения тайны усыновления, сохранения личной,
семейной, коммерческой или иной охраняемой законом тайны, сведений об интимных
сторонах жизни физических лиц либо на иные обстоятельства, препятствующие открытому
разбирательству.
3. Личная переписка и личные телеграфные сообщения физических лиц могут быть
оглашены при открытом производстве только с согласия лиц, между которыми
происходили переписка и телеграфные сообщения. В противном случае личная переписка
и личные телеграфные сообщения этих лиц оглашаются и исследуются при закрытом
производстве. Указанные правила применяются и при исследовании фото– и
кинодокументов, звуко– и видеозаписей, информации на электронных носителях,
содержащих сведения личного характера.
4. Лица, участвующие в деле, и физические лица, присутствующие при открытом
производстве, имеют право фиксировать письменно или с использованием аудиозаписи
ход производства с занимаемых ими мест в помещении, где осуществляется
производство. Кино– и фотосъемка, видеозапись, трансляция по радио, телевидению и
интернет-ресурсам в ходе производства допускаются по разрешению суда, органа
(должностного лица), уполномоченного рассматривать дела об административных
правонарушениях, с учетом мнения лиц, участвующих в деле. Эти действия не должны
мешать нормальному ходу производства и могут быть ограничены во времени.
Статья 22. Обеспечение безопасности в ходе производства
Производство по делам об административных правонарушениях происходит в
условиях, обеспечивающих нормальную работу суда, органа (должностного лица),
уполномоченного рассматривать дела об административных правонарушениях, и
безопасность участников производства. В целях обеспечения безопасности судья,
должностное лицо могут распорядиться о проведении проверки лиц, желающих
присутствовать при производстве по делу, включая проверку документов,
удостоверяющих их личность, личный досмотр и досмотр проносимых ими вещей.
Статья 23. Свобода оспаривания процессуальных решений и
обжалования процессуальных действий
1. Действия органа (должностного лица), уполномоченного составлять протоколы
по делам об административных правонарушениях, могут быть обжалованы, а решения
суда, органа (должностного лица), уполномоченного рассматривать дела об
административных правонарушениях, могут быть оспорены в порядке, установленном
настоящим Кодексом.
2. Лицо, участвующее в деле, имеет право на пересмотр постановлений по делам
об административных правонарушениях в порядке, установленном настоящим Кодексом.
3. Не допускается обращение жалобы во вред лицу, подавшему жалобу, или во
вред лицу, в интересах которого она была подана.
Статья 24. Судебная защита прав, свобод и законных
интересов лица
1. Каждый имеет право на судебную защиту своих прав и свобод.
Заинтересованное лицо вправе в порядке, установленном законом, обратиться в суд за
защитой нарушенных или оспариваемых прав, свобод или охраняемых законом интересов.
2. Прокурор вправе обратиться в суд с иском (заявлением) в целях
осуществления возложенных на него обязанностей и для защиты прав физических лиц,
организаций, общественных и государственных интересов.
3. Никому не может быть без его согласия изменена подсудность,
предусмотренная для него законом.
4. Суд обязан разъяснить законному представителю лица, в отношении которого
ведется производство по делу об административном правонарушении, или потерпевшего,
являющихся несовершеннолетними или по своему физическому или психическому состоянию
лишенных возможности самостоятельно осуществлять свои права, право, предусмотренное
частью пятой статьи 683 настоящего Кодекса.
Раздел 2. АДМИНИСТРАТИВНОЕ ПРАВОНАРУШЕНИЕ И АДМИНИСТРАТИВНАЯ
ОТВЕТСТВЕННОСТЬ
ОБЩАЯ ЧАСТЬ
Глава 3. АДМИНИСТРАТИВНОЕ ПРАВОНАРУШЕНИЕ Статья 25. Административное правонарушение
1. Административным правонарушением признается противоправное, виновное
(умышленное или неосторожное) действие либо бездействие физического лица или
противоправное действие либо бездействие юридического лица, за которое настоящим
Кодексом предусмотрена административная ответственность.
2. Административная ответственность за правонарушения, предусмотренные
статьями Особенной части настоящего Кодекса, наступает, если эти правонарушения по
своему характеру не влекут за собой в соответствии с законодательством уголовной
ответственности.
Статья 26. Совершение административного правонарушения
умышленно
Административное правонарушение признается совершенным умышленно, если
физическое лицо, его совершившее, сознавало противоправный характер своего действия
(бездействия), предвидело его вредные последствия и желало или сознательно
допускало наступление этих последствий либо относилось к ним безразлично.
Статья 27. Совершение административного правонарушения по
неосторожности
Административное правонарушение признается совершенным по неосторожности,
если физическое лицо, его совершившее, предвидело возможность наступления вредных
последствий своего действия (бездействия), но без достаточных к тому оснований
легкомысленно рассчитывало на их предотвращение либо не предвидело возможности
наступления таких последствий, хотя при должной внимательности и
предусмотрительности должно было и могло их предвидеть.
Глава 4. АДМИНИСТРАТИВНАЯ ОТВЕТСТВЕННОСТЬ
Статья 28. Лица, подлежащие административной
ответственности
Административной ответственности подлежат:
1) физическое вменяемое лицо, достигшее к моменту окончания или пресечения
административного правонарушения шестнадцатилетнего возраста;
2) юридическое лицо.
Статья 29. Невменяемость
Не подлежит административной ответственности физическое лицо, которое во
время совершения противоправного деяния, предусмотренного настоящим Кодексом,
находилось в состоянии невменяемости, то есть не могло осознавать фактический
характер и опасность своих действий (бездействия) или руководить ими вследствие
хронического психического заболевания, временного психического расстройства,
слабоумия или иного болезненного состояния психики.
Статья 30. Административная ответственность должностных
лиц
Должностное лицо привлекается к административной ответственности при условии
совершения административного правонарушения в связи с неисполнением или
ненадлежащим исполнением им служебных обязанностей. При отсутствии этого
обстоятельства должностное лицо, виновное в совершении административного
правонарушения, подлежит ответственности на общих основаниях.
Примечание. Должностными лицами в настоящем Кодексе признаются лица,
постоянно, временно или по специальному полномочию осуществляющие или
осуществлявшие на момент совершения административного правонарушения функции
представителя власти либо выполняющие или выполнявшие на момент совершения
административного правонарушения организационно-распорядительные или
административно-хозяйственные функции в государственных учреждениях, субъектах
квазигосударственного сектора, органах местного самоуправления.
Статья 31. Особенности административной ответственности
при фиксации правонарушения специальными
техническими средствами
1. В случае фиксации административного правонарушения сертифицированными
специальными контрольно-измерительными техническими средствами и приборами к
административной ответственности за административные правонарушения в области
дорожного движения привлекаются собственники (владельцы) транспортных средств.
2. Собственник (владелец) транспортного средства освобождается от
административной ответственности за правонарушение, совершенное с участием этого
транспортного средства, если в ходе проверки по его сообщению или заявлению будет
установлено лицо, во владении которого оно находилось в момент фиксации
правонарушения либо оно выбыло из его обладания в результате противоправных
действий других лиц.
Примечание.
Владельцами транспортных средств в статьях настоящего Кодекса признаются
физические лица, владеющие транспортным средством на праве собственности, а также
физические лица, которым транспортные средства, принадлежащие физическим и
юридическим лицам, переданы во временное владение и пользование.
Под сертифицированными специальными контрольно-измерительными техническими
средствами и приборами в статьях настоящего Кодекса следует понимать технические
средства и приборы наблюдения и фиксации правонарушений, прошедшие метрологическую
поверку, фото-, видеоаппаратуру, фиксирующие факт и время совершения
правонарушения, вид, марку, государственный регистрационный номерной знак, а также
скорость и направление движения транспортного средства.
Статья 32. Административная ответственность
военнослужащего, прокурора и иных лиц, на
которых распространяется действие
дисциплинарных уставов либо специальных
положений, за совершение ими административных
правонарушений
1. Военнослужащие и находящиеся на воинских сборах военнообязанные несут
ответственность за административные правонарушения, совершенные при исполнении
служебных обязанностей, по дисциплинарным уставам, за исключением случаев,
предусмотренных статьями 652 и 680 настоящего Кодекса. Сотрудники специальных
государственных и правоохранительных органов за административные правонарушения,
совершенные при исполнении служебных обязанностей, несут ответственность в
соответствии с нормативными правовыми актами, регламентирующими порядок прохождения
службы в соответствующих органах.
2. За нарушения режима Государственной границы Республики Казахстан, режима в
пунктах пропуска через Государственную границу Республики Казахстан и таможенную
границу Таможенного союза, законодательства Республики Казахстан в сфере
защиты государственных секретов, санитарно-эпидемиологического благополучия
населения, требований пожарной безопасности, правил дорожного движения, таможенных
правил вне места службы, законодательства Республики Казахстан о бухгалтерском
учете и финансовой отчетности, бюджетного и налогового законодательства Республики
Казахстан, законодательства Республики Казахстан о государственных закупках, правил
охоты, рыболовства, других правил и норм рационального использования и охраны
природных ресурсов лица, указанные в части первой настоящей статьи, несут
административную ответственность на общих основаниях. К указанным лицам не могут
быть применены административные взыскания в виде лишения права ношения и хранения
огнестрельного и холодного оружия и административного ареста.
3. К военнослужащим, проходящим срочную воинскую службу, и курсантам военных
и специальных учебных заведений не может быть применено административное взыскание
в виде административного штрафа.
4. Органы (должностные лица), которым предоставлено право налагать
административные взыскания, вместо наложения административных взысканий на лиц,
указанных в частях первой и третьей настоящей статьи, должны передавать материалы о
правонарушениях соответствующим органам для решения вопроса о привлечении виновных
к дисциплинарной ответственности.
Сноска. Статья 32 с изменениями, внесенными законами РК от 07.11.2014 № 248-
V (вводится в действие с 01.01.2015); от 29.12.2014 № 272-V (вводится в действие
01.01.2015).
Статья 33. Административная ответственность частных
нотариусов, частных судебных исполнителей,
адвокатов, индивидуальных предпринимателей и
юридических лиц
1. Частные нотариусы, частные судебные исполнители, адвокаты, индивидуальные
предприниматели и юридические лица подлежат административной ответственности за
административное правонарушение в случаях, предусмотренных Особенной частью
настоящего раздела.
2. Индивидуальные предприниматели и юридические лица подлежат
административной ответственности за административное правонарушение, если
предусмотренное Особенной частью настоящего раздела деяние (действие либо
бездействие) было совершено, санкционировано, одобрено органом, лицом,
осуществляющим функции управления юридическим лицом, или работником индивидуального
предпринимателя и юридического лица, выполняющим организационно-распорядительные
или административно- хозяйственные функции.
3. Структурные подразделения юридического лица, являющиеся самостоятельными
налогоплательщиками и совершившие административные правонарушения в области
налогообложения и таможенного дела, несут административную ответственность как
юридические лица.
4. Привлечение к административной ответственности индивидуальных
предпринимателей и юридических лиц освобождает от административной ответственности
за данное правонарушение работника индивидуального предпринимателя и юридического
лица.
Статья 34. Административная ответственность иностранцев,
иностранных юридических лиц и лиц без
гражданства
1. Иностранцы, иностранные юридические лица, их филиалы и представительства и
лица без гражданства, совершившие на территории Республики Казахстан
административные правонарушения, а также на континентальном шельфе Республики
Казахстан, подлежат административной ответственности на общих основаниях.
2. Структурные подразделения (филиалы и представительства) иностранных и
международных некоммерческих неправительственных объединений несут административную
ответственность за нарушение законодательства Республики Казахстан об общественных
объединениях как юридические лица.
3. Вопрос об административной ответственности за административные
правонарушения, совершенные на территории Республики Казахстан дипломатическими
представителями иностранных государств и иными иностранцами, которые пользуются
иммунитетом, разрешается в соответствии с нормами международного права.
Глава 5. ОБСТОЯТЕЛЬСТВА, ИСКЛЮЧАЮЩИЕ АДМИНИСТРАТИВНУЮ ОТВЕТСТВЕННОСТЬ
Статья 35. Необходимая оборона
1. Не является административным правонарушением совершение предусмотренного
настоящим Кодексом деяния в состоянии необходимой обороны, то есть при защите
личности, жилища, собственности, земельного участка и других прав обороняющегося
или иных лиц, охраняемых законом интересов общества или государства от
противоправного посягательства путем причинения посягающему вреда, если при этом не
было допущено превышения пределов необходимой обороны.
2. Право на необходимую оборону имеют в равной мере все лица независимо от их
профессиональной или иной специальной подготовки и служебного положения. Это право
принадлежит лицу независимо от возможности избежать противоправного посягательства
либо обратиться за помощью к другим лицам или государственным органам.
3. Превышением пределов необходимой обороны признается явное несоответствие
защиты характеру и степени опасности посягательства, в результате чего посягающему
причиняется явно чрезмерный, не вызываемый обстановкой вред. Такое превышение
влечет за собой административную ответственность лишь в случаях умышленного
причинения вреда.
4. Не подлежит административной ответственности лицо, превысившее пределы
необходимой обороны вследствие страха, испуга или замешательства, вызванного
противоправным посягательством.
Статья 36. Задержание лица, совершившего посягательство
1. Не является административным правонарушением совершение предусмотренного
настоящим Кодексом деяния при задержании лица, совершившего противоправное
посягательство, для доставления этого лица государственным органам и пресечения
возможности совершения им новых посягательств, если иными средствами задержать
такое лицо не представлялось возможным и при этом не было допущено превышения
необходимых для этого мер.
2. Превышением мер, необходимых для задержания лица, совершившего
посягательство, признается их явное несоответствие характеру и степени опасности
совершенного задерживаемым лицом посягательства и обстоятельствам задержания, когда
лицу без необходимости причиняется явно чрезмерный, не вызываемый обстановкой вред.
Такое превышение влечет за собой административную ответственность лишь в случаях
умышленного причинения вреда.
3. Правом на задержание лица, совершившего посягательство, наряду со
специально уполномоченными на то лицами обладают также потерпевшие и другие
физические лица.
Статья 37. Крайняя необходимость
1. Не является административным правонарушением причинение вреда охраняемым
настоящим Кодексом интересам в состоянии крайней необходимости, то есть для
устранения опасности, непосредственно угрожающей жизни, здоровью, правам и законным
интересам данного лица или иных лиц, интересам общества или государства, если эта
опасность не могла быть устранена иными средствами и при этом не допущено
превышения пределов крайней необходимости.
2. Превышением пределов крайней необходимости признается причинение вреда,
явно не соответствующего характеру и степени угрожавшей опасности и обстановке, в
которой опасность устранялась, когда правоохраняемым интересам был причинен вред,
равный или более значительный, чем предотвращенный. Такое превышение влечет за
собой ответственность лишь в случаях умышленного причинения вреда.
Статья 38. Физическое или психическое принуждение
1. Не является административным правонарушением совершение деяния,
предусмотренного настоящим Кодексом, в результате физического или психического
принуждения, если вследствие такого принуждения лицо не могло руководить своими
действиями (бездействием).
2. Вопрос об административной ответственности за причинение вреда охраняемым
настоящим Кодексом интересам в результате психического принуждения, а также в
результате физического принуждения, вследствие которого лицо сохранило возможность
руководить своими действиями, решается с учетом положений статьи 37 настоящего
Кодекса.
Статья 39. Исполнение приказа или распоряжения
1. Не является административным правонарушением совершение деяния,
предусмотренного настоящим Кодексом, лицом, действовавшим во исполнение
обязательного для него приказа или распоряжения. Административную ответственность
за совершение такого деяния несет лицо, отдавшее незаконный приказ или
распоряжение.
2. Лицо, совершившее умышленное административное правонарушение во исполнение
заведомо незаконного приказа или распоряжения, несет административную
ответственность на общих основаниях. Неисполнение заведомо незаконного приказа или
распоряжения исключает административную ответственность.
Глава 6. АДМИНИСТРАТИВНОЕ ВЗЫСКАНИЕ И МЕРЫ АДМИНИСТРАТИВНО-ПРАВОВОГО
ВОЗДЕЙСТВИЯ
Статья 40. Понятие и цели административного взыскания
1. Административное взыскание является мерой государственного принуждения,
применяемой уполномоченными на то законом судьей, органами (должностными лицами) за
совершение административного правонарушения, и заключается в предусмотренном
настоящим Кодексом лишении или ограничении прав и свобод лица, совершившего такое
правонарушение.
2. Административное взыскание применяется в целях воспитания лица,
совершившего правонарушение, в духе соблюдения требований законодательства и
уважения правопорядка, а также предупреждения совершения новых правонарушений как
самим правонарушителем, так и другими лицами.
3. Административное взыскание не имеет своей целью причинение физических
страданий лицу, совершившему административное правонарушение, или унижение его
человеческого достоинства, а также нанесение вреда деловой репутации юридического
лица.
4. Административное взыскание не является средством возмещения имущественного
ущерба. Причиненный административным правонарушением вред возмещается в порядке,
предусмотренном статьей 59 настоящего Кодекса.
Статья 41. Виды административных взысканий
1. За совершение административных правонарушений могут применяться следующие
административные взыскания:
1) предупреждение;
2) административный штраф;
3) конфискация предмета, явившегося орудием либо предметом совершения
административного правонарушения, а равно имущества, полученного вследствие
совершения административного правонарушения;
4) лишение специального права;
5) лишение разрешения либо приостановление его действия, а также исключение
из реестра;
6) приостановление или запрещение деятельности;
7) принудительный снос незаконно возводимого или возведенного строения;
8) административный арест;
9) административное выдворение за пределы Республики Казахстан иностранца или
лица без гражданства.
2. К юридическим лицам за совершение административных правонарушений могут
применяться административные взыскания, перечисленные в подпунктах 1) – 5) и 7)
части первой настоящей статьи, а также приостановление или запрещение деятельности
или отдельных видов деятельности юридического лица.
Статья 42. Основные и дополнительные меры административных
взысканий
1. Предупреждение, административный штраф, административный арест могут
применяться только в качестве основных административных взысканий.
2. Лишение специального права, лишение разрешения либо приостановление его
действия, а также исключение из реестра, приостановление или запрещение
деятельности или отдельных ее видов, а также административное выдворение за пределы
Республики Казахстан иностранцев или лиц без гражданства могут применяться в
качестве как основных, так и дополнительных административных взысканий.
3. Конфискация, принудительный снос незаконно возводимого или возведенного
строения могут применяться только в качестве дополнительного административного
взыскания.
Статья 43. Предупреждение
Предупреждение состоит в официальной даче органом (должностным лицом),
уполномоченным налагать административное взыскание, отрицательной оценки
совершенного правонарушения и предостережении физического или юридического лица о
недопустимости противоправного поведения. Предупреждение выносится в письменной
форме.
Статья 44. Административный штраф
1. Административный штраф (далее – штраф) есть денежное взыскание, налагаемое
за административное правонарушение в случаях и пределах, предусмотренных в
статьях Особенной части настоящего раздела, в размере, соответствующем
определенному количеству месячного расчетного показателя, устанавливаемого в
соответствии с законом, действующим на момент возбуждения дела об административном
правонарушении.
В случаях, предусмотренных в статьях Особенной части настоящего раздела,
размер штрафа выражается в процентах от:
1) суммы нанесенного окружающей среде вреда;
2) суммы неисполненного или исполненного ненадлежащим образом налогового
обязательства;
3) суммы неуплаченных (неперечисленных), несвоевременно и (или) неполно
уплаченных (перечисленных) социальных отчислений;
4) суммы неперечисленных, несвоевременно и (или) неполно исчисленных,
удержанных (начисленных) и (или) уплаченных (перечисленных) обязательных пенсионных
взносов и обязательных профессиональных пенсионных взносов;
5) суммы стоимости подакцизных товаров, полученных в результате незаконного
предпринимательства;
6) суммы, неучтенной в соответствии с требованиями законодательства
Республики Казахстан о бухгалтерском учете и финансовой отчетности либо учтенной
ненадлежащим образом;
7) суммы сделки (операции), совершенной (проведенной) с нарушением
финансового законодательства Республики Казахстан;
8) суммы дохода (выручки), полученного в результате осуществления
монополистической деятельности или нарушения законодательства Республики
Казахстан об электроэнергетике, о естественных монополиях и регулируемых рынках,
законодательства Республики Казахстан, регулирующего деятельность финансового рынка
и финансовых организаций;
9) стоимости энергетических ресурсов, использованных сверх утвержденных
нормативов за период, в котором произошло правонарушение, но не более чем за один
год;
10) суммы незачисленной национальной и иностранной валюты.
Если в предусмотренных статьях Особенной части настоящего раздела размер
штрафа выражается в процентах от суммы операции, проведенной с нарушением норм
финансового законодательства Республики Казахстан, и такая операция проведена в
иностранной валюте, пересчет суммы штрафа в тенге осуществляется по официальному
курсу, установленному Национальным Банком Республики Казахстан, на момент
составления протокола об административном правонарушении.
2. Размер штрафа, налагаемого на физическое лицо, не может превышать пятьсот
месячных расчетных показателей.
Размер штрафа, налагаемого на должностное лицо, частного нотариуса, частного
судебного исполнителя, адвоката, субъектов малого предпринимательства, а также
некоммерческие организации, не может превышать семьсот пятьдесят месячных расчетных
показателей.
Размер штрафа, налагаемого на субъектов среднего предпринимательства, не
может превышать тысячу месячных расчетных показателей.
Размер штрафа, налагаемого на субъектов крупного предпринимательства, не
может превышать две тысячи месячных расчетных показателей.
3. Штраф, исчисленный в соответствии с абзацем вторым части первой настоящей
статьи, может быть установлен в размерах, превышающих или менее установленных
размеров штрафов, указанных в настоящей статье.
4. Штраф взыскивается в доход государственного бюджета в установленном
законодательством порядке, за исключением штрафов, налагаемых акимами городов
районного значения, сел, поселков, сельских округов в соответствии со статьей 729
настоящего Кодекса.
Сноска. Статья 44 с изменениями, внесенными Законом РК от 29.12.2014 № 271-
V (вводится в действие с 01.01.2015).
Статья 45. Конфискация предмета, явившегося орудием либо
предметом совершения административного
правонарушения, а также имущества, полученного
вследствие совершения административного
правонарушения
1. Конфискация предмета, явившегося орудием либо предметом совершения
административного правонарушения, а также имущества, полученного вследствие
совершения административного правонарушения, состоит в принудительном безвозмездном
обращении их в собственность государства в установленном законодательством порядке.
Не является конфискацией изъятие из незаконного владения лица, совершившего
административное правонарушение, предмета, подлежащего возвращению его собственнику
либо изъятого из оборота. Предмет, изъятый из оборота, подлежит обращению в
собственность государства или уничтожению.
2. Конфискации подлежит лишь предмет, являющийся собственностью нарушителя,
если иное не предусмотрено Особенной частью настоящего Кодекса.
3. Конфискация охотничьего оружия, боевых припасов к нему и других
разрешенных орудий охоты и рыболовства не может применяться к лицам, для которых
охота (рыболовство) является основным законным источником существования.
4. Конфискация применяется судьей и может налагаться в случаях, когда она
предусмотрена соответствующей статьей Особенной части настоящего раздела в качестве
административного взыскания.
Статья 46. Лишение специального права
1. Лишение специального права, предоставленного конкретному лицу, применяется
судьей.
2. Срок лишения специального права не может быть менее одного месяца и более
двух лет.
3. Срок лишения права управления транспортными средствами не может быть менее
шести месяцев и более десяти лет.
4. Лишение права управления транспортными средствами не может применяться к
лицам, которые пользуются этими средствами в связи с инвалидностью, за исключением
случаев уклонения от прохождения в установленном порядке освидетельствования на
состояние опьянения, а также оставления указанными лицами в нарушение установленных
правил места дорожно-транспортного происшествия, участниками которого они являлись.
5. Лишение права охоты, рыболовства, хранения и ношения охотничьего оружия,
боевых припасов к нему и рыболовных снастей не может применяться к лицам, для
которых охота (рыболовство) является основным законным источником существования, за
исключением систематического нарушения порядка пользования этим правом.
Статья 47. Лишение разрешения либо приостановление его
действия, а также исключение из реестра
1. Лишение разрешения налагается судьей за административное правонарушение,
совершенное при осуществлении деятельности либо совершении определенных действий
(операций), предусмотренных разрешением, с учетом положений частей третьей,
четвертой и пятой настоящей статьи.
2. Приостановление действия разрешения устанавливается на срок до шести
месяцев.
3. Приостановление либо лишение разрешения на осуществление деятельности в
финансовой сфере и деятельности, связанной с концентрацией финансовых ресурсов, за
исключением лишения разрешения кредитного бюро, осуществляется Национальным Банком
Республики Казахстан по основаниям и в порядке, которые установлены законами
Республики Казахстан.
4. Исключение из реестра осуществляется уполномоченным органом в сфере
таможенного дела по основаниям и в порядке, которые установлены
таможенным законодательством Республики Казахстан, и уполномоченным органом в
области транспорта и коммуникаций, а также уполномоченным органом по обеспечению
безопасности дорожного движения по основаниям и в порядке, которые
установлены законодательством Республики Казахстан в области безопасности дорожного
движения.
5. Исключение из реестра микрофинансовых организаций осуществляется
Национальным Банком Республики Казахстан по основаниям и в порядке, которые
установлены законодательством Республики Казахстан о микрофинансовых организациях.
Примечание. Для целей настоящего Кодекса под лишением разрешения либо
приостановлением его действия понимается лишение лицензии, специального разрешения,
квалификационного аттестата (свидетельства), либо приостановление ее (его) действия
на определенный вид деятельности либо совершение определенного действия, а также
иного разрешительного документа, предусмотренного законом Республики Казахстан «О
разрешениях и уведомлениях».
Статья 48. Приостановление или запрещение деятельности или
отдельных ее видов
1. Приостановление или запрещение деятельности или отдельных ее видов
заключается во временном прекращении деятельности или запрещении деятельности или
отдельных ее видов физических и (или) юридических лиц, в том числе филиалов,
представительств, структурных подразделений юридического лица, производственных
участков, а также эксплуатации агрегатов, зданий и сооружений, осуществления
отдельных видов деятельности (работ), оказания услуг.
2. Приостановление или запрещение деятельности или отдельных ее видов
производится только в судебном порядке на основании материалов органа (должностного
лица), уполномоченного рассматривать дела об административных правонарушениях, если
за совершение административного правонарушения возможно назначение санкции в виде
приостановления либо запрещения деятельности. Рассмотрение таких дел судом
осуществляется в течение десяти суток.
3. Приостановление деятельности или отдельных ее видов устанавливается судом
на срок до трех месяцев.
4. До рассмотрения дела в суде к физическому или юридическому лицу может быть
применена мера обеспечения в виде приостановления или запрещения деятельности или
отдельных ее видов в порядке, предусмотренном статьей 801 настоящего Кодекса. В
этом случае срок приостановления или запрещения деятельности или отдельных ее видов
включается в срок приостановления либо запрещения деятельности или отдельных ее
видов, если данная мера административного взыскания будет применена судом.
Статья 49. Принудительный снос незаконно возводимого или
возведенного строения
Принудительный снос незаконно возводимого или возведенного строения
налагается судьей в случаях, предусмотренных статьями Особенной части настоящего
раздела.
Статья 50. Административный арест
1. Административный арест устанавливается на срок до тридцати суток, а за
нарушение требований режима чрезвычайного положения - до сорока пяти суток.
Административный арест назначается судьей в исключительных случаях в пределах,
предусмотренных в статьях Особенной части настоящего раздела.
2. Административный арест не может применяться к беременным женщинам и
женщинам, имеющим детей в возрасте до четырнадцати лет, к лицам, не достигшим
восемнадцатилетнего возраста, к инвалидам 1 и 2 групп, а также к женщинам в
возрасте свыше пятидесяти восьми лет и к мужчинам свыше шестидесяти трех лет.
3. Срок административного задержания включается в срок административного
ареста.
Сноска. Статья 50 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 51. Административное выдворение за пределы
Республики Казахстан иностранцев или лиц без
гражданства
1. Административное выдворение за пределы Республики Казахстан иностранцев
или лиц без гражданства применяется судьей как мера административного взыскания в
порядке и по основаниям, которые предусмотрены Особенной частью настоящего Кодекса.
Положения настоящей части не распространяются на случаи выдворения
иностранцев или лиц без гражданства, осуществляемого в порядке, предусмотренном
гражданским процессуальным законодательством Республики Казахстан.
2. В случае если в ходе административного производства лицо, в отношении
которого может быть применена мера административного взыскания в виде
административного выдворения за пределы Республики Казахстан, сообщит о совершенном
в отношении него деянии, признаваемом в соответствии с Уголовным кодексом
Республики Казахстан тяжким или особо тяжким преступлением, то рассмотрение дела об
административном правонарушении в отношении этого лица откладывается до принятия
решения по сообщению или заявлению в порядке, установленном статьей 179 Уголовно-
процессуального кодекса Республики Казахстан.
Статья 52. Меры административно-правового воздействия
1. К лицу, совершившему административное правонарушение, в целях
предупреждения совершения этим лицом новых правонарушений могут применяться
следующие меры административно-правового воздействия:
1) проверка знаний правил дорожного движения;
2) установление особых требований к поведению правонарушителя.
2. Меры административного правового воздействия, указанные в части первой
настоящей статьи, могут применяться наряду с наложением административного
взыскания, так и вместо него при освобождении лица, совершившего административное
правонарушение, от административной ответственности по основанию,
предусмотренному статьей 64 настоящего Кодекса.
Сноска. Статья 52 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 53. Проверка знаний правил дорожного движения
Водители транспортных средств, совершившие правонарушения,
предусмотренные статьями 590 (частью десятой), 591 (частью второй), 592 (частью
четвертой), 593 (частью восьмой), 594 (частью четвертой), 595 (частью
четвертой), 596 (частью четвертой), 597 (частями пятой и шестой), 598 (частью
третьей), 599 (частью второй), 600 (частью второй), 601 (частью второй), 602
(частью второй), 613 (частью тринадцатой) настоящего Кодекса, направляются на сдачу
экзамена для проверки знания правил дорожного движения.
Постановление о направлении на проверку знания правил дорожного движения
выносится органами (должностными лицами), уполномоченными рассматривать дела об
административных правонарушениях, предусмотренных указанными статьями настоящего
Кодекса.
Статья 54. Установление особых требований к поведению
правонарушителя
1. При рассмотрении дела об административном правонарушении по ходатайству
участников производства по делу об административном правонарушении и (или) органов
внутренних дел судом могут быть установлены особые требования к поведению лица,
совершившего административное правонарушение, предусмотренное статьями
73, 128, 131, 436, 442, 461 настоящего Кодекса на срок от трех месяцев до одного
года, предусматривающие в полном объеме или раздельно запрет:
1) вопреки воле потерпевшего разыскивать, преследовать, посещать
потерпевшего, вести устные, телефонные переговоры и вступать с ним в контакты иными
способами, включая несовершеннолетних и (или) недееспособных членов его семьи;
2) приобретать, хранить, носить и использовать огнестрельное и другие виды
оружия;
3) несовершеннолетним посещать определенные места, выезжать в другие
местности без разрешения комиссии по защите прав несовершеннолетних.
2. При установлении особых требований к поведению лица, совершившего
административное правонарушение в сфере семейно-бытовых отношений, для охраны и
защиты потерпевшего и членов его семьи суд в исключительных случаях вправе
применить на срок до тридцати суток меру административно-правового воздействия в
виде запрета лицу, совершившему бытовое насилие, проживать в индивидуальном жилом
доме, квартире или ином жилище с потерпевшим в случае наличия у этого лица другого
жилища.
3. В течение срока действия особых требований к поведению правонарушителя на
него могут быть возложены обязанности являться в органы внутренних дел для
профилактической беседы от одного до четырех раз в месяц.
Глава 7. НАЛОЖЕНИЕ АДМИНИСТРАТИВНОГО ВЗЫСКАНИЯ
Статья 55. Общие правила наложения взыскания за
административное правонарушение
1. Административное взыскание за административное правонарушение налагается в
пределах, предусмотренных в статье Особенной части настоящего раздела за данное
административное правонарушение, в точном соответствии с положениями настоящего
Кодекса.
2. Административное взыскание должно быть справедливым, соответствующим
характеру правонарушения, обстоятельствам его совершения, личности правонарушителя.
3. При наложении административного взыскания на физическое лицо учитываются
характер совершенного административного правонарушения, личность виновного, в том
числе его поведение до и после совершения правонарушения, имущественное положение,
обстоятельства, смягчающие и отягчающие ответственность.
4. При наложении административного взыскания на юридическое лицо учитываются
характер административного правонарушения, имущественное положение, обстоятельства,
смягчающие и отягчающие ответственность.
5. Наложение административного взыскания не освобождает лицо от исполнения
обязанности, за неисполнение которой было наложено указанное взыскание, устранения
допущенных нарушений и возмещения ущерба.
6. За одно административное правонарушение может быть наложено одно основное
либо основное и дополнительное административные взыскания.
Статья 56. Обстоятельства, смягчающие ответственность за
административное правонарушение
1. Обстоятельствами, смягчающими ответственность за административное
правонарушение, признаются:
1) раскаяние виновного;
2) предотвращение лицом, совершившим административное правонарушение, вредных
последствий правонарушения, добровольное возмещение ущерба или устранение
причиненного вреда;
3) совершение административного правонарушения под влиянием сильного
душевного волнения либо при стечении тяжелых личных или семейных обстоятельств;
4) совершение административного правонарушения несовершеннолетним;
5) совершение административного правонарушения беременной женщиной или
женщиной, имеющей ребенка в возрасте до четырнадцати лет;
6) совершение административного правонарушения в результате физического или
психического принуждения;
7) совершение административного правонарушения при нарушении условий
правомерности необходимой обороны, задержании лица, совершившего противоправное
посягательство, исполнении приказа или распоряжения;
8) совершение административного правонарушения впервые по неосторожности.
2. Суд (судья), орган (должностное лицо), рассматривающие дело об
административном правонарушении, могут признать смягчающими и обстоятельства, не
указанные в части первой настоящей статьи.
Статья 57. Обстоятельства, отягчающие ответственность за
административные правонарушения
Обстоятельствами, отягчающими ответственность за административные
правонарушения, признаются:
1) продолжение противоправного поведения, несмотря на разъяснения закона
прокурором и (или) требование уполномоченных на то лиц прекратить его;
2) повторное в течение года совершение однородного административного
правонарушения, за которое лицо уже подвергалось административному взысканию, по
которому не истек срок, предусмотренный статьей 61 настоящего Кодекса;
3) вовлечение несовершеннолетнего в административное правонарушение;
4) привлечение к совершению административного правонарушения лиц, которые
заведомо для виновного страдают тяжелым психическим расстройством, либо лиц, не
достигших возраста, с которого наступает административная ответственность;
5) совершение административного правонарушения по мотиву национальной,
расовой и религиозной ненависти или вражды, из мести за правомерные действия других
лиц, а также с целью скрыть другое правонарушение или облегчить его совершение;
6) совершение административного правонарушения в отношении лица или его
близких в связи с выполнением данным лицом своего служебного, профессионального или
общественного долга;
7) совершение административного правонарушения в отношении женщины, заведомо
для виновного находящейся в состоянии беременности, а также в отношении
малолетнего, другого беззащитного или беспомощного лица либо лица, находящегося в
зависимости от виновного;
8) совершение административного правонарушения группой лиц;
9) совершение административного правонарушения в условиях стихийного бедствия
или при других чрезвычайных обстоятельствах;
10) совершение административного правонарушения в состоянии алкогольного,
наркотического или токсикоманического опьянения. Суд (судья), орган (должностное
лицо), налагающие административное взыскание, в зависимости от характера
административного правонарушения могут не признать данное обстоятельство
отягчающим.
Статья 58. Наложение административных взысканий при
совершении нескольких административных
правонарушений
1. При совершении одним лицом двух или более административных правонарушений
административное взыскание налагается за каждое правонарушение в отдельности.
2. Если лицо совершило несколько административных правонарушений, которые
рассматриваются одним и тем же судьей, органом (должностным лицом), то в случае
наложения на это лицо взысканий одного и того же вида окончательный размер
взыскания не может превышать трехкратный максимальный предел, установленный
настоящим Кодексом для данного вида взыскания, а для административного ареста не
может превышать срок, установленный частью первой статьи 50 настоящего Кодекса.
3. В случае, если административные штрафы выражены в процентах от суммы
неисполненного или исполненного ненадлежащим образом налогового обязательства,
установленного законодательными актами, при наложении их за совершение нескольких
административных правонарушений штраф взыскивается за каждое административное
правонарушение отдельно.
Сноска. Статья 58 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 59. Возмещение вреда, причиненного административным
правонарушением
1. Судья, рассматривая дело об административном правонарушении, которым
причинен имущественный вред, при решении вопроса о наложении административного
взыскания одновременно взыскивает такой вред, если отсутствует спор о его размере.
Споры о размере имущественного вреда, причиненного административным
правонарушением, рассматриваются в порядке гражданского судопроизводства.
2. Возмещение имущественного вреда по делам об административных
правонарушениях, рассматриваемым иными уполномоченными органами (должностными
лицами), в случае отказа виновного лица от его добровольного возмещения
производится в порядке гражданского судопроизводства.
3. Требования о защите деловой репутации или возмещении морального вреда,
причиненного административным правонарушением, рассматриваются в порядке
гражданского судопроизводства по основаниям, предусмотренным Гражданским кодексом
Республики Казахстан.
Статья 60. Исчисление сроков административного взыскания
Срок административного ареста исчисляется сутками, а лишения специального
права, предоставленного физическому или юридическому лицу, а также лишения
разрешения либо приостановления его действия исчисляется годами, месяцами или
календарными днями.
Статья 61. Срок, в течение которого лицо считается
подвергнутым административному взысканию
Лицо, на которое наложено административное взыскание за административное
правонарушение, считается подвергнутым данному взысканию в течение года со дня
окончания исполнения постановления о наложении административного взыскания.
Глава 8. ОСВОБОЖДЕНИЕ ОТ АДМИНИСТРАТИВНОЙ ОТВЕТСТВЕННОСТИ И
АДМИНИСТРАТИВНОГО ВЗЫСКАНИЯ
Статья 62. Освобождение от административной
ответственности в связи с истечением срока
давности
1. Лицо не подлежит привлечению к административной ответственности по
истечении двух месяцев со дня совершения административного правонарушения, а за
совершение административного правонарушения в области охраны окружающей среды – по
истечении одного года со дня его совершения, кроме случаев, предусмотренных
настоящим Кодексом.
2. Физическое лицо не подлежит привлечению к административной ответственности
за совершение административного коррупционного правонарушения, а также
правонарушения в области налогообложения, сфере таможенного дела, законодательства
Республики Казахстан о пенсионном обеспечении, об обязательном социальном
страховании, об энергосбережении и повышении энергоэффективности, о государственных
секретах, естественных монополиях и регулируемых рынках и антимонопольного
законодательства по истечении одного года со дня его совершения, а юридическое лицо
(в том числе индивидуальный предприниматель) не подлежит привлечению к
административной ответственности за совершение административного коррупционного
правонарушения, а также правонарушения в области законодательства Республики
Казахстан об энергосбережении и повышении энергоэффективности по истечении трех лет
со дня его совершения, а за правонарушение в области налогообложения,
сфере таможенного дела, законодательства Республики Казахстан о пенсионном
обеспечении, об обязательном социальном страховании, естественных монополиях и
регулируемых рынках и антимонопольного законодательства – по истечении пяти лет со
дня его совершения.
3. При длящемся административном правонарушении, а также при совершении
административного правонарушения в области бюджетных отношений, посягающего на
охраняемые законом интересы общества и государства, лицо не подлежит привлечению к
административной ответственности по истечении двух месяцев со дня обнаружения
административного правонарушения.
При совершении административного правонарушения в области финансов лицо
подлежит привлечению к административной ответственности не позднее пяти лет со дня
совершения административного правонарушения, но не может быть привлечено к
административной ответственности по истечении двух месяцев со дня обнаружения
административного правонарушения.
4. Положения частей первой и третьей настоящей статьи не распространяются на
случаи, когда административное правонарушение способствовало совершению уголовного
правонарушения и об этом стало известно в ходе расследования или судебного
рассмотрения уголовного дела. Суд вправе в порядке, предусмотренном частью
первой статьи 405 Уголовно-процессуального кодекса Республики Казахстан, наложить
на лицо, виновное в таком правонарушении, административное взыскание, если с
момента совершения административного правонарушения прошло не более одного года.
5. Течение срока наложения административного взыскания за административное
правонарушение приостанавливается с момента назначения экспертизы, а также
направления дела в судебные инстанции или должностному лицу государственного
органа, уполномоченному рассматривать дела об административных правонарушениях.
Исчисление этих сроков возобновляется с момента получения результатов
экспертизы.
6. В случае прекращения уголовного дела при наличии в действиях нарушителя
признаков административного правонарушения лицо может быть привлечено к
административной ответственности не позднее трех месяцев со дня поступления решения
о его прекращении.
7. Течение срока наложения взыскания за административное правонарушение
прерывается, если до истечения сроков, указанных в частях первой и третьей
настоящей статьи, лицо совершит новое административное правонарушение. Исчисление
срока в этих случаях начинается с момента обнаружения нового административного
правонарушения.
8. Постановление судьи или уполномоченного органа о прекращении
административного производства вне зависимости от срока, предусмотренного в части
первой настоящей статьи, может быть пересмотрено по протесту прокурора в течение
года со дня вступления его в законную силу.
Примечание. Длящимся признается правонарушение, которое характеризуется
непрерывным осуществлением единого состава определенного деяния, предусмотренного
статьей Особенной части настоящего раздела, и не завершено к моменту его
обнаружения.
Статья 63. Освобождение от административной
ответственности и административного взыскания
на основании акта амнистии
1. Лицо, совершившее административное правонарушение, может быть освобождено
от административной ответственности или наложенного административного взыскания на
основании акта амнистии, если указанный акт устраняет применение административного
взыскания.
2. Акт об амнистии издается Парламентом Республики Казахстан в отношении
индивидуально не определенного круга лиц.
Статья 64. Освобождение от административной
ответственности в связи с примирением сторон
1. Дела об административных правонарушениях, предусмотренных статьями 73, 79
(частью первой), 146, 185, 186, 220, 229 (частью второй) настоящего Кодекса,
возбуждаются не иначе как по заявлению потерпевшего и подлежат прекращению за
примирением его с лицом, совершившим административное правонарушение.
2. Примирение осуществляется на основе письменного соглашения, подписанного
потерпевшим и лицом, совершившим административное правонарушение.
Глава 9. АДМИНИСТРАТИВНАЯ ОТВЕТСТВЕННОСТЬ НЕСОВЕРШЕННОЛЕТНИХ
Статья 65. Административная ответственность
несовершеннолетних
1. Несовершеннолетними, на которых распространяется действие настоящей главы,
признаются лица, которым ко времени совершения административного правонарушения
исполнилось шестнадцать, но не исполнилось восемнадцати лет.
2. На несовершеннолетнего, совершившего административное правонарушение,
может быть наложено административное взыскание с применением мер воспитательного
воздействия.
Статья 66. Особенности применения административных
взысканий к несовершеннолетним
1. Размер административного штрафа, налагаемого на несовершеннолетнего, не
может превышать десять месячных расчетных показателей независимо от размера штрафа,
предусмотренного статьей Особенной части настоящего раздела.
При отсутствии у несовершеннолетнего имущества, достаточного для уплаты
штрафа, штраф налагается на родителей или лиц, их заменяющих.
2. Лишение специального права может налагаться на несовершеннолетних на срок
не более одного года.
3. Другие виды административных взысканий (за исключением административного
ареста), а также меры административно-правового воздействия, указанные в статьях 41
и 52 настоящего Кодекса, применяются к несовершеннолетним на общих основаниях.
Статья 67. Наложение административного взыскания на
несовершеннолетнего
1. При наложении административного взыскания на несовершеннолетнего, кроме
обстоятельств, предусмотренных статьями 56 и 57 настоящего Кодекса, учитываются
условия его жизни и воспитания, уровень психического развития, иные особенности
личности, а также влияние на него старших по возрасту лиц.
2. Несовершеннолетний возраст как смягчающее обстоятельство учитывается в
совокупности с другими смягчающими и отягчающими обстоятельствами.
Статья 68. Освобождение несовершеннолетних от
административной ответственности и
административного взыскания
Несовершеннолетний, впервые совершивший административное правонарушение,
может быть освобожден судом, органом (должностным лицом), уполномоченным
рассматривать дела об административных правонарушениях, от административной
ответственности или от исполнения назначенного административного взыскания с
применением к нему мер воспитательного воздействия, предусмотренных
законодательством.
Cтатья 69. Меры воспитательного воздействия
1. Несовершеннолетнему могут быть назначены следующие меры воспитательного
воздействия:
1) разъяснение закона;
2) передача под надзор родителей или лиц, их заменяющих, либо
специализированного государственного органа;
3) возложение обязанности загладить причиненный вред;
4) ограничение досуга и установление особых требований к поведению
несовершеннолетнего.
2. Несовершеннолетнему может быть назначено одновременно несколько мер
воспитательного воздействия.
3. Срок применения меры воспитательного воздействия, предусмотренной
подпунктом 4) части первой настоящей статьи, устанавливается продолжительностью до
трех месяцев.
4. В случае систематического неисполнения несовершеннолетним меры
воспитательного воздействия, предусмотренной подпунктом 4) части первой настоящей
статьи, специализированный государственный орган представляет материалы в суд для
решения вопроса об отмене этой меры и привлечения несовершеннолетнего к
административной ответственности, если не истек срок давности, установленный частью
первой статьи 890 настоящего Кодекса.
Статья 70. Содержание мер воспитательного воздействия
1. Разъяснение закона состоит в разъяснении несовершеннолетнему вреда,
причиненного его деянием, и юридических последствий повторного совершения
правонарушений, предусмотренных настоящим Кодексом.
2. Передача под надзор состоит в возложении на родителей или лиц, их
заменяющих, либо на специализированный государственный орган обязанности по
воспитательному воздействию на несовершеннолетнего и контролю за его поведением.
3. Обязанность загладить причиненный вред возлагается с учетом имущественного
положения несовершеннолетнего и наличия у него соответствующих трудовых навыков.
4. Ограничение досуга и установление особых требований к поведению
несовершеннолетнего могут предусматривать запрет посещения определенных мест,
использования определенных форм досуга, в том числе связанных с управлением
транспортным средством, ограничения пребывания вне дома после определенного времени
суток, выезда в другие местности без разрешения суда либо органа (должностного
лица), уполномоченного рассматривать дела об административных правонарушениях. В
отношении несовершеннолетнего могут быть установлены особые требования к поведению
правонарушителя, предусмотренные статьей 54 настоящего Кодекса, а также предъявлено
требование закончить обучение либо трудоустроиться с помощью комиссии по защите
прав несовершеннолетних.
Статья 71. Сроки давности
Сроки давности, предусмотренные статьей 62 настоящего Кодекса, при
освобождении несовершеннолетних от административной ответственности или исполнения
административного взыскания сокращаются наполовину.
Статья 72. Срок, в течение которого несовершеннолетний
считается подвергнутым административному
взысканию
Несовершеннолетний, на которого наложено административное взыскание за
административное правонарушение, считается подвергнутым данному взысканию в течение
шести месяцев со дня окончания исполнения постановления о наложении
административного взыскания.
ОСОБЕННАЯ ЧАСТЬ
Глава 10. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ НА ПРАВА ЛИЧНОСТИ Статья 73. Противоправные действия в сфере семейно-бытовых
отношений
1. Нецензурная брань, оскорбительное приставание, унижение, повреждение
предметов домашнего обихода и другие действия, выражающие неуважение к лицам,
состоящим с правонарушителем в семейно-бытовых отношениях, нарушающие их
спокойствие, совершенные в индивидуальном жилом доме, квартире или ином жилище,
если эти действия не содержат признаков уголовно наказуемого деяния, –
влекут предупреждение либо административный арест на срок до трех суток.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут административный арест на срок до десяти суток.
3. Действия, предусмотренные частью второй настоящей статьи, совершенные
лицами, к которым административный арест в соответствии с частью второй статьи 50
настоящего Кодекса не применяется, –
влекут штраф в размере пяти месячных расчетных показателей.
Примечание. Под семейно-бытовыми отношениями для целей настоящего Кодекса
понимаются отношения между супругами, бывшими супругами, лицами, проживающими или
проживавшими совместно, близкими родственниками, лицами, имеющими общего ребенка
(детей).
Статья 74. Воспрепятствование получению гражданства
Республики Казахстан
1. Незаконные действия (бездействие) должностных лиц, препятствующих
получению лицом гражданства Республики Казахстан, –
влекут штраф в размере тридцати месячных расчетных показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф в размере шестидесяти месячных расчетных показателей.
Статья 75. Ответственность за нарушение законодательства
Республики Казахстан о языках
1. Отказ должностного лица в принятии документов, обращений физических и
юридических лиц, а также нерассмотрение их по существу, мотивированные незнанием
языка, –
влекут штраф в размере двадцати месячных расчетных показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф в размере сорока месячных расчетных показателей.
3. Нарушение требований по размещению реквизитов и визуальной информации –
влечет предупреждение.
4. Действие, предусмотренное частью третьей настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на должностных лиц, субъектов малого предпринимательства или
некоммерческие организации – в размере десяти, на субъектов среднего
предпринимательства – в размере двадцати, на субъектов крупного предпринимательства
– в размере пятидесяти месячных расчетных показателей.
5. Ограничение прав физических лиц в выборе языка, дискриминация по языковым
признакам –
влекут штраф на должностных лиц в размере двадцати месячных расчетных
показателей.
6. Действия, предусмотренные частью пятой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф в размере сорока месячных расчетных показателей.
Статья 76. Ограничение права свободного передвижения и
выбора места жительства
Действие (бездействие) должностных лиц, ограничивающее право физических лиц
на свободу передвижения и выбора места жительства (за исключением пограничных зон,
запретных зон при арсеналах, базах и складах Вооруженных Сил Республики Казахстан,
других войск и воинских формирований Республики Казахстан и запретных районов при
арсеналах, базах и складах Вооруженных Сил Республики Казахстан, других войск и
воинских формирований Республики Казахстан и отдельных местностей, в которых могут
быть установлены ограничения Правительством Республики Казахстан), если это
действие (бездействие) не содержит признаков уголовно наказуемого деяния, –
влечет штраф в размере тридцати месячных расчетных показателей.
2. Действие (бездействие), предусмотренное частью первой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф в размере шестидесяти месячных расчетных показателей.
Статья 77. Воспрепятствование законной деятельности
общественных объединений
Воспрепятствование законной деятельности общественных объединений должностным
лицом с использованием служебного положения, а равно вмешательство в законную
деятельность этих объединений, совершенное должностным лицом с использованием
своего служебного положения, повлекшее нарушение их прав и законных интересов, –
влекут штраф в размере двухсот пятидесяти месячных расчетных показателей.
Статья 78. Отказ в предоставлении физическому лицу
информации
1. Неправомерный отказ в представлении собранных в установленном порядке
документов, материалов, непосредственно затрагивающих права и свободы физического
лица, либо предоставление физическому лицу неполной или заведомо ложной информации,
а равно неправомерное отнесение общедоступной информации к информации с
ограниченным доступом –
влекут штраф на должностных лиц в размере тридцати месячных расчетных
показателей.
2. Совершение должностным лицом деяний, предусмотренных частью первой
настоящей статьи, если эти деяния причинили вред правам и законным интересам
физических лиц, –
влечет штраф в размере ста месячных расчетных показателей.
Статья 79. Нарушение законодательства Республики Казахстан
о персональных данных и их защите
1. Незаконный сбор и (или) обработка персональных данных –
влекут штраф на физических лиц в размере двадцати, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на
субъектов крупного предпринимательства – в размере ста месячных расчетных
показателей, с конфискацией предметов и (или) орудия административного
правонарушения или без таковой.
2. Те же деяния, совершенные собственником, оператором или третьим лицом с
использованием своего служебного положения, –
влекут штраф на физических лиц в размере пятидесяти, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
семидесяти пяти, на субъектов среднего предпринимательства – в размере ста, на
субъектов крупного предпринимательства – в размере двухсот месячных расчетных
показателей, с конфискацией предметов и (или) орудия административного
правонарушения или без таковой.
3. Несоблюдение собственником, оператором или третьим лицом мер по защите
персональных данных –
влечет штраф на физических лиц в размере ста, на должностных лиц, субъектов
малого предпринимательства или некоммерческие организации – в размере ста
пятидесяти, на субъектов среднего предпринимательства – в размере двухсот, на
субъектов крупного предпринимательства – в размере трехсот месячных расчетных
показателей.
Статья 80. Несоблюдение порядка, стандартов и
некачественное оказание медицинской помощи
1. Несоблюдение порядка, стандартов оказания медицинской помощи, не
выполнение или ненадлежащее выполнение профессиональных обязанностей медицинским
работником вследствие небрежного или недобросовестного отношения к ним, если это не
повлекло причинение вреда здоровью, –
влекут штраф на физических лиц, должностных лиц в размере десяти, на
субъектов малого предпринимательства и некоммерческие организации – в размере
двадцати пяти, на субъектов среднего предпринимательства – в размере тридцати, на
субъектов крупного предпринимательства – в размере сорока месячных расчетных
показателей.
2. Деяния, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц, должностных лиц в размере двадцати, на
субъектов малого предпринимательства и некоммерческие организации – в размере
пятидесяти, на субъектов среднего предпринимательства – в размере шестидесяти, на
субъектов крупного предпринимательства – в размере восьмидесяти месячных расчетных
показателей.
3. Несоблюдение порядка, стандартов оказания медицинской помощи, не
выполнение или ненадлежащее выполнение профессиональных обязанностей медицинским
работником вследствие небрежного или недобросовестного отношения к ним, если это
повлекло причинение легкого вреда здоровью, –
влекут штраф на физических лиц, должностных лиц в размере сорока, на
субъектов малого предпринимательства и некоммерческие организации в размере
пятидесяти, на субъектов среднего предпринимательства – в размере семидесяти пяти,
на субъектов крупного предпринимательства – в размере ста месячных расчетных
показателей.
4. Деяния, предусмотренные частью третьей настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц, должностных лиц в размере восьмидесяти, на
субъектов малого предпринимательства и некоммерческие организации в размере ста, на
субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов
крупного предпринимательства – в размере двухсот месячных расчетных показателей, с
лишением лицензии и (или) сертификата специалиста либо без таковых.
Статья 81. Нарушение медицинским работником правил выдачи
листа или справки о временной
нетрудоспособности
1. Нарушение медицинским работником правил выдачи листа или справки о
временной нетрудоспособности –
влечет штраф на физических лиц в размере пяти, на должностных лиц в размере
десяти месячных расчетных показателей.
2. То же деяние, совершенное повторно в течение года после наложения
административного взыскания, –
влечет штраф на физических лиц в размере десяти, на должностных лиц – в
размере двадцати месячных расчетных показателей, с лишением сертификата специалиста
либо без такового.
Статья 82. Нарушение медицинским работником правил
реализации лекарственных средств и требований
по выписыванию рецептов, установленных
законодательством Республики Казахстан
1. Нарушение медицинским работником правил реализации лекарственных средств и
требований по выписыванию рецептов, установленных законодательством Республики
Казахстан, –
влечет штраф на физических лиц в размере пяти, на должностных лиц – в размере
десяти месячных расчетных показателей.
2. То же деяние, совершенное повторно в течение года после наложения
административного взыскания, –
влечет штраф на физических лиц в размере десяти месячных расчетных
показателей с лишением сертификата специалиста либо без такового, на должностных
лиц – в размере двадцати месячных расчетных показателей.
Статья 82-1. Нарушение законодательства Республики Казахстан
о минимальных социальных стандартах и их
гарантиях
1. Нарушение законодательства Республики Казахстан о минимальных социальных
стандартах и их гарантиях, выразившееся в неисполнении и (или) необеспечении
минимальных социальных стандартов, за исключением случаев, предусмотренных статьями
83, 84, 87, 89 и 91 настоящего Кодекса, –
влечет штраф на должностных лиц в размере двадцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере сорока, на субъектов
среднего предпринимательства – в размере шестидесяти, на субъектов крупного
предпринимательства – в размере ста месячных расчетных показателей.
2. Деяние, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на должностных лиц в размере сорока, на субъектов малого
предпринимательства или некоммерческие организации – в размере шестидесяти, на
субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов
крупного предпринимательства – в размере ста двадцати месячных расчетных
показателей.
Сноска. Глава 10 дополнена статьей 82-1 в соответствии с Законом РК от
19.05.2015 № 315-V (вводится в действие по истечении десяти календарных дней после
дня его первого официального опубликования).
Статья 83. Нарушение законодательства Республики Казахстан
о социальной защите инвалидов
1. Нарушение законодательства Республики Казахстан о социальной защите
инвалидов, совершенное в виде:
1) необеспечения инвалидам доступа к объектам социальной и транспортной
инфраструктуры;
2) необеспечения условий для доступа инвалидов к культурно-зрелищным
мероприятиям;
3) несоблюдения работодателем обязанностей в сфере занятости и
профессиональной реабилитации инвалидов от трудового увечья и (или)
профессионального заболевания, полученных по вине работодателя, –
влечет штраф на должностных лиц в размере пятидесяти, на субъектов малого
предпринимательства – в размере ста двадцати, на субъектов среднего
предпринимательства – в размере двухсот, на субъектов крупного предпринимательства
– в размере четырехсот месячных расчетных показателей.
2. Действие (бездействие), предусмотренное частью первой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф на должностных лиц в размере восьмидесяти, на субъектов малого
предпринимательства – в размере ста пятидесяти, на субъектов среднего
предпринимательства – в размере двухсот пятидесяти, на субъектов крупного
предпринимательства – в размере шестисот месячных расчетных показателей.
Статья 84. Нарушение законодательства Республики Казахстан
о специальных социальных услугах
1. Нарушение законодательства Республики Казахстан о специальных социальных
услугах, совершенное в виде:
1) нарушения установленных сроков проведения оценки и определения потребности
в предоставлении специальных социальных услуг, вынесения решения о предоставлении
гарантированного объема специальных социальных услуг;
2) невыполнения решения о предоставлении гарантированного объема специальных
социальных услуг, –
влечет штраф на должностных лиц в размере двадцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере тридцати, на
субъектов среднего предпринимательства – в размере сорока, на субъектов крупного
предпринимательства – в размере шестидесяти месячных расчетных показателей.
2. Деяние, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на должностных лиц в размере тридцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере сорока, на субъектов
среднего предпринимательства – в размере пятидесяти, на субъектов крупного
предпринимательства – в размере восьмидесяти месячных расчетных показателей.
Статья 85. Разглашение участниками медиации сведений,
ставших известными в ходе проведения медиации
1. Разглашение участниками медиации сведений, ставших известными в ходе
проведения медиации, без разрешения стороны, предоставившей эту информацию, если
это действие не содержит признаков уголовно наказуемого деяния, –
влечет штраф в размере двадцати месячных расчетных показателей.
2. Действие (бездействие), предусмотренное частью первой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф в размере шестидесяти месячных расчетных показателей.
Статья 86. Допуск к работе лица без заключения трудового
договора
1. Допуск работодателем к работе лица без заключения трудового договора –
влечет штраф на должностных лиц в размере двадцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере сорока, на субъектов
среднего предпринимательства – в размере шестидесяти, на субъектов крупного
предпринимательства – в размере ста месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на должностных лиц в размере сорока, на субъектов малого
предпринимательства или некоммерческие организации – в размере шестидесяти, на
субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов
крупного предпринимательства – в размере ста двадцати месячных расчетных
показателей.
3. Действие, предусмотренное частью первой настоящей статьи, совершенное в
отношении несовершеннолетних, –
влечет штраф на должностных лиц в размере пятидесяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере семидесяти, на
субъектов среднего предпринимательства – в размере ста, на субъектов крупного
предпринимательства – в размере ста пятидесяти месячных расчетных показателей.
4. Действие (бездействие), предусмотренное частью третьей настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф на должностных лиц в размере семидесяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере ста, на субъектов
среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей, с
приостановлением действия лицензии.
Статья 87. Нарушение требований по оплате труда
1. Невыплата заработной платы работодателем в полном объеме и в сроки,
которые установлены трудовым законодательством Республики Казахстан, а равно
неначисление и невыплата пени за период задержки платежа по вине работодателя –
влекут штраф на должностных лиц в размере двадцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере сорока, на субъектов
среднего предпринимательства – в размере шестидесяти, на субъектов крупного
предпринимательства – в размере ста месячных расчетных показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на должностных лиц в размере сорока, на субъектов малого
предпринимательства или некоммерческие организации – в размере шестидесяти, на
субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов
крупного предпринимательства – в размере ста двадцати месячных расчетных
показателей.
3. Нарушение требований трудового законодательства Республики Казахстан по
оплате сверхурочной работы, работы в праздничные и выходные дни, а также оплате
труда в ночное время –
влечет штраф на должностных лиц в размере двадцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере сорока, на субъектов
среднего предпринимательства – в размере шестидесяти, на субъектов крупного
предпринимательства – в размере ста месячных расчетных показателей.
4. Действия, предусмотренные частью третьей настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на должностных лиц в размере сорока, на субъектов малого
предпринимательства или некоммерческие организации – в размере шестидесяти, на
субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов
крупного предпринимательства – в размере ста двадцати месячных расчетных
показателей.
Статья 88. Непредоставление отпусков
Непредоставление работодателем трудового отпуска в течение двух лет подряд –
влечет штраф на должностных лиц в размере двадцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере сорока, на субъектов
среднего предпринимательства – в размере шестидесяти, на субъектов крупного
предпринимательства – в размере ста месячных расчетных показателей.
Статья 89. Незаконное превышение нормы рабочего времени
1. Незаконное превышение работодателем нормальной и сокращенной
продолжительности рабочего времени и ежедневной работы (рабочей смены),
предусмотренной трудовым законодательством Республики Казахстан, –
влечет предупреждение.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на должностных лиц в размере сорока, на субъектов малого
предпринимательства или некоммерческие организации – в размере шестидесяти, на
субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов
крупного предпринимательства – в размере ста двадцати месячных расчетных
показателей.
Статья 90. Допущение дискриминации в сфере труда
1. Допущение работодателем дискриминации в сфере труда, выраженное в
нарушении права работника на равную оплату за равный труд, –
влечет штраф на должностных лиц, субъектов малого предпринимательства или
некоммерческие организации – в размере тридцати, на субъектов среднего
предпринимательства – в размере шестидесяти, на субъектов крупного
предпринимательства – в размере ста месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на должностных лиц, субъектов малого предпринимательства или
некоммерческие организации в размере шестидесяти, на субъектов среднего
предпринимательства – в размере восьмидесяти, на субъектов крупного
предпринимательства – в размере ста двадцати месячных расчетных показателей.
3. Размещение уполномоченным органом по вопросам занятости, физическим и
юридическим лицом, оказывающим трудовое посредничество, а также работодателем
информации о вакансиях для приема на работу, содержащей требования
дискриминационного характера в сфере труда, –
влечет штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере тридцати, на
субъектов среднего предпринимательства – в размере пятидесяти, на субъектов
крупного предпринимательства – в размере ста месячных расчетных показателей.
4. Действие, предусмотренное частью третьей настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере тридцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере пятидесяти, на
субъектов среднего предпринимательства – в размере ста, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей.
Статья 91. Нарушение законодательства Республики Казахстан
о пенсионном обеспечении
1. Нарушение единым накопительным пенсионным фондом (добровольным
накопительным пенсионным фондом) установленных законодательством Республики
Казахстан о пенсионном обеспечении порядка заключения договоров о пенсионном
обеспечении за счет обязательных пенсионных взносов, обязательных профессиональных
пенсионных взносов (договоров о пенсионном обеспечении за счет добровольных
пенсионных взносов), сроков осуществления пенсионных выплат, переводов и изъятий –
влечет штраф на юридических лиц в размере четырехсот месячных расчетных
показателей.
2. Непредставление, несвоевременное представление единым накопительным
пенсионным фондом Центру по выплате пенсий сведений о вкладчиках, присоединившихся
к договору о пенсионном обеспечении за счет обязательных пенсионных взносов,
обязательных профессиональных пенсионных взносов, а равно представление
недостоверных сведений об указанных вкладчиках –
влекут штраф на юридическое лицо в размере ста месячных расчетных
показателей.
3. Деяния, предусмотренные частью второй настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на юридическое лицо в размере двухсот месячных расчетных
показателей.
4. Неисполнение обязанностей, предусмотренных законодательством Республики
Казахстан о пенсионном обеспечении, по выплате пенсий в полном размере и в
установленные сроки должностными лицами Центра по выплате пенсий –
влечет штраф в размере тридцати месячных расчетных показателей.
5. Осуществление единым накопительным пенсионным фондом или добровольным
накопительным пенсионным фондом сделок и операций в нарушение законодательства
Республики Казахстан о пенсионном обеспечении –
влечет штраф на юридических лиц – в размере четырехсот месячных расчетных
показателей.
6. Неисполнение либо ненадлежащее исполнение физическим лицом, индивидуальным
предпринимателем, частным нотариусом, частным судебным исполнителем, адвокатом,
юридическим лицом обязанностей, предусмотренных законодательством Республики
Казахстан о пенсионном обеспечении, совершенное в виде:
1) непредставления в орган государственных доходов списков вкладчиков единого
накопительного пенсионного фонда, в пользу которых взыскивается задолженность по
обязательным пенсионным взносам, обязательным профессиональным пенсионным взносам;
2) непредставления в органы государственных доходов расчетов по исчисленным,
удержанным (начисленным) и перечисленным суммам обязательных пенсионных взносов,
обязательных профессиональных пенсионных взносов в сроки, установленные
законодательством Республики Казахстан о пенсионном обеспечении;
3) неведения первичного учета исчисленных, удержанных (начисленных) и
перечисленных обязательных пенсионных взносов, обязательных профессиональных
пенсионных взносов по каждому работнику в соответствии с порядком, установленным
законодательством Республики Казахстан;
4) непредставления вкладчикам сведений об исчисленных, удержанных
(начисленных) и перечисленных обязательных пенсионных взносах, обязательных
профессиональных пенсионных взносах в сроки, установленные законодательством
Республики Казахстан о пенсионном обеспечении;
5) неперечисления, несвоевременного и (или) неполного исчисления, удержания
(начисления) и (или) уплаты (перечисления) обязательных пенсионных взносов,
обязательных профессиональных пенсионных взносов в единый накопительный пенсионный
фонд;
6) непрекращения всех расходных операций по кассе по распоряжению органов
государственных доходов в случаях, предусмотренных законодательством Республики
Казахстан о пенсионном обеспечении, –
влечет предупреждение.
7. Деяние, предусмотренное частью шестой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере двадцати, на
субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного
предпринимательства – в размере пятидесяти процентов от суммы неперечисленных,
несвоевременно и (или) неполно исчисленных, удержанных (начисленных) и (или)
уплаченных (перечисленных) обязательных пенсионных взносов, обязательных
профессиональных пенсионных взносов.
8. Неисполнение банками и организациями, осуществляющими отдельные виды
банковских операций, обязанностей, установленных законодательством Республики
Казахстан о пенсионном обеспечении, совершенное в виде:
1) неприостановления расходных операций по банковским счетам агентов –
юридических лиц или индивидуальных предпринимателей, частных нотариусов, частных
судебных исполнителей и адвокатов по распоряжению органов государственных доходов в
случаях и порядке, предусмотренных законодательством Республики Казахстан о
пенсионном обеспечении;
2) неперечисления (незачисления), несвоевременного перечисления (позднее дня
совершения операций по списанию денег с банковских счетов или следующего дня
внесения наличных денег в банк или организацию, осуществляющую отдельные виды
банковских операций) либо допущения ошибок при заполнении реквизитов платежного
документа по вине банка или организации, осуществляющей отдельные виды банковских
операций, при переводе в Центр по выплате пенсий суммы обязательных пенсионных
взносов, обязательных профессиональных пенсионных взносов и пеней;
3) неисполнения в порядке, установленном законодательством Республики
Казахстан, инкассовых распоряжений органов государственных доходов на взимание сумм
обязательных пенсионных взносов, обязательных профессиональных пенсионных взносов и
пеней, –
влечет штраф в размере пяти процентов от суммы совершенных расходных операций
по банковским счетам агентов за период неисполнения обязанностей, установленных
законодательством Республики Казахстан о пенсионном обеспечении.
9. Объявление или опубликование единым накопительным пенсионным фондом или
добровольным накопительным пенсионным фондом в средствах массовой информации
рекламы, не соответствующей действительности на день опубликования, –
влечет штраф на юридических лиц в размере двухсот месячных расчетных
показателей.
10. Несоответствие инвестиционной декларации добровольного накопительного
пенсионного фонда требованиям, предусмотренным законодательством Республики
Казахстан о пенсионном обеспечении, к ее содержанию –
влечет штраф на юридических лиц в размере ста месячных расчетных показателей.
11. Непредоставление, а равно неоднократное (два и более раза в течение
двенадцати последовательных календарных месяцев) несвоевременное предоставление
единым накопительным пенсионным фондом или добровольным накопительным пенсионным
фондом, учредителями (акционерами) добровольного накопительного пенсионного фонда и
(или) его аффилиированными лицами сведений или иной запрашиваемой информации -
влекут штраф на физических лиц в размере ста, на юридических лиц – в размере
двухсот месячных расчетных показателей.
12. Предоставление единым накопительным пенсионным фондом или добровольным
накопительным пенсионным фондом, учредителями (акционерами) добровольного
накопительного пенсионного фонда и (или) его аффилиированными лицами недостоверной,
а равно неполной отчетности, сведений или иной запрашиваемой информации –
влечет штраф на физических лиц в размере ста, на юридических лиц – в размере
двухсот месячных расчетных показателей.
Примечание. Для целей частей шестой и седьмой настоящей статьи лицо не
подлежит привлечению к административной ответственности в случае, если сумма
неперечисленных, несвоевременно и (или) неполно исчисленных, удержанных
(начисленных) и (или) уплаченных (перечисленных) обязательных пенсионных взносов,
обязательных профессиональных пенсионных взносов составляет менее одного месячного
расчетного показателя, устанавливаемого в соответствии с законом, действующим на
дату выявления административного правонарушения.
Статья 92. Нарушение законодательства Республики Казахстан
об обязательном социальном страховании
1. Невыплата социальных выплат государственным фондом социального страхования
и Центром по выплате пенсий в сроки, установленные законодательством Республики
Казахстан об обязательном социальном страховании, –
влечет штраф на должностных лиц в размере тридцати месячных расчетных
показателей.
2. Неисполнение либо ненадлежащее исполнение плательщиком социальных
отчислений обязанностей, предусмотренных законодательством Республики Казахстан об
обязательном социальном страховании, совершенное в виде:
1) непредставления в орган государственных доходов списков участников системы
обязательного социального страхования, за которых производятся социальные
отчисления;
2) неуплаты (неперечисления), несвоевременной и (или) неполной уплаты
(перечисления) социальных отчислений;
3) непрекращения всех расходных операций по кассе по распоряжению органов
государственных доходов в случаях, предусмотренных законодательством Республики
Казахстан об обязательном социальном страховании, –
влечет предупреждение.
3. Деяния, предусмотренные частью второй настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на частных нотариусов, частных судебных исполнителей, адвокатов,
субъектов малого предпринимательства или некоммерческие организации в размере
двадцати, на субъектов среднего предпринимательства – в размере тридцати, на
субъектов крупного предпринимательства – в размере пятидесяти процентов от суммы
неуплаченных (неперечисленных), несвоевременно и (или) неполно уплаченных
(перечисленных) социальных отчислений.
4. Неисполнение банками и организациями, осуществляющими отдельные виды
банковских операций, обязанностей, установленных законодательством Республики
Казахстан об обязательном социальном страховании, совершенное в виде:
1) непрекращения всех расходных операций по банковским счетам плательщика
социальных отчислений по распоряжению органов государственных доходов в случаях,
предусмотренных законодательством Республики Казахстан об обязательном социальном
страховании;
2) неперечисления (незачисления), несвоевременного перечисления (позднее дня
совершения операций по списанию денег с банковских счетов или следующего дня
внесения наличных денег в банк или организацию, осуществляющую отдельные виды
банковских операций) либо допущения ошибок при заполнении реквизитов платежного
документа по вине банка или организации, осуществляющей отдельные виды банковских
операций, при переводе в Центр по выплате пенсий суммы социальных отчислений и
пеней;
3) неисполнения в порядке, установленном законодательством Республики
Казахстан, инкассовых распоряжений органов государственных доходов на взимание сумм
социальных отчислений и пеней, –
влечет штраф в размере пяти процентов от суммы совершенных расходных операций
по банковским счетам плательщиков за период неисполнения обязанностей,
установленных законодательством Республики Казахстан об обязательном социальном
страховании.
Примечание. Для целей частей второй и третьей настоящей статьи лицо не
подлежит привлечению к административной ответственности в случае, если сумма
неуплаченных (неперечисленных), несвоевременно и (или) неполно уплаченных
(перечисленных) социальных отчислений не превышает размера одного месячного
расчетного показателя, устанавливаемого в соответствии с законом, действующим на
дату выявления административного правонарушения.
Статья 93. Нарушение правил обеспечения безопасности и
охраны труда
1. Отсутствие службы (специалиста) безопасности и охраны труда в
производственных организациях в соответствии с требованием
трудового законодательства Республики Казахстан –
влечет предупреждение.
2. Нарушение работодателем требований по проведению обязательных и
периодических медицинских осмотров и предсменного медицинского освидетельствования
работников в соответствии с требованием трудового законодательства Республики
Казахстан –
влечет предупреждение.
3. Необеспечение работников лечебно-профилактическим питанием, средствами
индивидуальной и коллективной защиты в соответствии с требованием трудового
законодательства Республики Казахстан –
влечет предупреждение.
4. Неисполнение работодателем требований трудового законодательства
Республики Казахстан по проведению обучения и подготовки работников, проверки
знаний руководителей и специалистов по вопросам безопасности и охраны труда –
влечет предупреждение.
5. Действия, предусмотренные частями первой, второй, третьей, четвертой
настоящей статьи, совершенные повторно в течение года после предупреждения, –
влекут штраф на субъектов малого предпринимательства или некоммерческие
организации в размере сорока, на субъектов среднего предпринимательства – в размере
шестидесяти, на субъектов крупного предпринимательства – в размере ста двадцати
месячных расчетных показателей.
6. Неисполнение работодателем требований трудового законодательства
Республики Казахстан по проведению инструктирования (кроме вводного инструктажа) и
отсутствие документов по безопасности и охраны труда –
влекут штраф на субъектов малого предпринимательства или некоммерческие
организации в размере двадцати, на субъектов среднего предпринимательства – в
размере тридцати, на субъектов крупного предпринимательства – в размере
восьмидесяти месячных расчетных показателей.
7. Деяния, предусмотренные частью шестой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на субъектов малого предпринимательства или некоммерческие
организации в размере сорока, на субъектов среднего предпринимательства – в размере
шестидесяти, на субъектов крупного предпринимательства – в размере ста двадцати
месячных расчетных показателей.
Статья 94. Нарушение требований законодательства по
проведению аттестации производственных объектов
по условиям труда
1. Нарушение работодателем требований законодательства по проведению
аттестации производственных объектов по состоянию условий труда, установленных
трудовым законодательством Республики Казахстан, –
влечет предупреждение или штраф на субъектов малого предпринимательства или
некоммерческие организации в размере двадцати, на субъектов среднего
предпринимательства – в размере тридцати пяти, на субъектов крупного
предпринимательства – в размере пятидесяти месячных расчетных показателей.
2. Деяние, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере сорока, на субъектов среднего предпринимательства – в размере
семидесяти, на субъектов крупного предпринимательства – в размере ста месячных
расчетных показателей.
Статья 95. Необеспечение расследования несчастных случаев
на производстве
1. Необеспечение расследования несчастных случаев на производстве в
соответствии с требованием трудового законодательства Республики Казахстан, –
влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на
субъектов среднего предпринимательства – в размере ста, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере ста, на
субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного
предпринимательства – в размере четырехсот месячных расчетных показателей.
Статья 96. Сокрытие факта несчастного случая на
производстве
1. Сокрытие факта несчастного случая на производстве –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере ста, на субъектов среднего предпринимательства – в размере
ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот
месячных расчетных показателей.
2. Действие (бездействие), предусмотренное частью первой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере двухсот, на субъектов среднего предпринимательства – в
размере трехсот, на субъектов крупного предпринимательства – в размере четырехсот
месячных расчетных показателей.
Статья 97. Нарушение требований законодательства по
заключению коллективного договора, соглашения
1. Уклонение от участия в переговорах по заключению, изменению или
дополнению коллективного договора, соглашения или нарушение сроков проведения
указанных переговоров, необеспечение работы соответствующей комиссии в определенные
сторонами сроки –
влекут штраф на лиц, уполномоченных на ведение переговоров, в размере трехсот
месячных расчетных показателей.
2. Необоснованный отказ от заключения коллективного договора, соглашения –
влечет штраф на лиц, уполномоченных заключить коллективный договор,
соглашение, в размере трехсот месячных расчетных показателей.
3. Невыполнение или нарушение обязательства по коллективному договору,
соглашению –
влечет штраф на лиц, виновных в невыполнении обязательств по коллективному
договору, соглашению, в размере трехсот месячных расчетных показателей.
4. Непредоставление информации, необходимой для проведения коллективных
переговоров и осуществления контроля за выполнением коллективных договоров,
соглашений, –
влечет штраф на лиц, виновных в непредоставлении информации, в размере
пятидесяти месячных расчетных показателей.
Статья 98. Нарушение законодательства Республики Казахстан
о занятости населения
1. Нарушение работодателем законодательства Республики Казахстан о занятости
населения, совершенное в виде:
1) непредоставления уполномоченному органу информации о предстоящем
высвобождении работников в связи с ликвидацией работодателя – юридического лица
либо прекращением деятельности работодателя – физического лица, сокращением
численности или штата;
2) непредставления, несвоевременного представления уполномоченному органу
сведений о наличии свободных рабочих мест (вакантных должностей);
3) непредставления, несвоевременного извещения о приеме на работу или отказе
в приеме на работу;
4) невыполнения установленной квоты рабочих мест для инвалидов, лиц,
освобожденных из мест лишения свободы, и несовершеннолетних выпускников интернатных
организаций;
5) непредставления уполномоченному органу сведений о количестве прошедших
профессиональную подготовку, переподготовку и внутрипроизводственное обучение с
указанием полученной специальности и квалификации, –
влечет штраф в размере десяти месячных расчетных показателей.
2. Действие (бездействие), предусмотренное частью первой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф в размере двадцати месячных расчетных показателей.
3. Незаключение частным агентством занятости договора с лицом, обратившимся
для получения услуг по трудовому посредничеству, –
влечет штраф в размере десяти месячных расчетных показателей.
4. Непредставление физическими и юридическими лицами, занимающимися трудовым
посредничеством, а также работодателями, получившими разрешения на привлечение
иностранной рабочей силы или у которых работают иностранные работники, получившие
разрешения на трудоустройство, первичных статистических данных –
влечет штраф в размере десяти месячных расчетных показателей.
Статья 99. Нарушение законодательства Республики Казахстан
о государственной службе
1. Нарушение процедуры конкурсного отбора на занятие вакантной
административной государственной должности –
влечет штраф на должностных лиц в размере тридцати месячных расчетных
показателей.
2. Неправомерное освобождение лиц с административных государственных
должностей –
влечет штраф на должностных лиц в размере шестидесяти месячных расчетных
показателей.
Статья 100. Обращение во вред физическому или юридическому
лицу поданной им жалобы
Обращение жалобы во вред физическому или юридическому лицу, подавшему
обоснованную жалобу или в интересах которого она была подана, –
влечет штраф на должностных лиц в размере десяти месячных расчетных
показателей.
Глава 11. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ
НА ИЗБИРАТЕЛЬНЫЕ ПРАВА (ПРАВО НА УЧАСТИЕ В
РЕСПУБЛИКАНСКОМ РЕФЕРЕНДУМЕ) Статья 101. Непредставление избирательной комиссии
(комиссии республиканского референдума)
должностными лицами необходимых сведений и
материалов или невыполнение решений комиссии
Непредставление избирательной комиссии (комиссии республиканского
референдума) должностными лицами сведений и материалов о наличии или отсутствии не
погашенной или не снятой в установленном законом порядке судимости кандидата; о
виновности в совершении коррупционного преступления и правонарушения кандидата,
признанной судом в установленном законом порядке; о гражданстве кандидата; о
достоверности сведений о доходах и имуществе, задекларированных кандидатом или его
(ее) супругой (супругоо( � о списках избирателей по каждому избирательному участку
или невыполнение ими решения комиссии, принятого в пределах ее полномочий, –
влечет штраф в размере двадцати месячных расчетных показателей.
Статья 102. Проведение предвыборной агитации в период ее
запрещения
Проведение предвыборной агитации до окончания срока регистрации кандидата,
партийного списка, выдвинутого политической партией, в день выборов либо
предшествующий им день, а также проведение агитации в день проведения
республиканского референдума либо предшествующий ему день –
влекут штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере двадцати, на
субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов
крупного предпринимательства – в размере тридцати пяти месячных расчетных
показателей.
Статья 103. Воспрепятствование праву вести предвыборную
агитацию
Воспрепятствование кандидатам в президенты, в депутаты или на иные выборные
должности, их доверенным лицам, политическим партиям в процессе реализации ими
права вести предвыборную агитацию –
влечет штраф на физических лиц в размере двадцати, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
тридцати, на субъектов среднего предпринимательства – в размере сорока, на
субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных
показателей.
Статья 104. Распространение заведомо ложных сведений о
кандидатах, политических партиях
Распространение заведомо ложных сведений о кандидатах, политических партиях
или совершение иных действий, порочащих их честь, достоинство и деловую репутацию,
в целях влияния на исход выборов –
влечет штраф на физических лиц в размере двадцати, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
тридцати, на субъектов среднего предпринимательства – в размере сорока, на
субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных
показателей.
Статья 105. Нарушение прав члена избирательной комиссии
(комиссии республиканского референдума)
Нарушение прав члена избирательной комиссии (комиссии республиканского
референдума) выступать на заседании избирательной комиссии, вносить предложения по
вопросам, входящим в компетенцию соответствующей избирательной комиссии, и
требовать проведения по ним голосования, знакомиться с документами и материалами
избирательной комиссии, в которой он состоит, получать удостоверенные их копии,
осуществлять проверку деятельности нижестоящей избирательной комиссии –
влечет штраф в размере тридцати пяти месячных расчетных показателей.
Статья 106. Нарушение права граждан на ознакомление со
списком избирателей
Нарушение членом избирательной комиссии (комиссии республиканского
референдума) права граждан на ознакомление со списком избирателей (выборщиков,
списком лиц, имеющих право участвовать в республиканском референдуме) либо
нерассмотрение в день поступления заявления в избирательную комиссию, либо отказ
выдать гражданину копию решения в письменной форме с изложением мотивов отклонения
заявления о внесении исправления в список избирателей (выборщиков, список лиц,
имеющих право участвовать в республиканском референдуме), либо неисполнение решения
суда об исправлении списка избирателей (выборщиков, списка лиц, имеющих право
участвовать в республиканском референдуме) в незамедлительном порядке –
влечет штраф в размере тридцати месячных расчетных показателей.
Статья 107. Представление неверных сведений об избирателях
для составления списков избирателей (граждан,
имеющих право участвовать в республиканском
референдуме)
1. Представление должностными лицами местным исполнительным органам неверных
сведений об избирателях (гражданах, имеющих право участвовать в республиканском
референдуме) для составления списков избирателей (граждан, имеющих право
участвовать в референдуме) –
влечет штраф в размере двадцати пяти месячных расчетных показателей.
2. Представление недостоверных списков избирателей (граждан, имеющих право
участвовать в республиканском референдуме) должностными лицами местных
исполнительных органов в соответствующую избирательную комиссию –
влечет штраф в размере тридцати месячных расчетных показателей.
Статья 108. Нарушение требования о равном избирательном
праве
Нарушение требования о равном избирательном праве путем голосования два или
более раза или за другого избирателя –
влечет штраф в размере двадцати пяти месячных расчетных показателей.
Статья 109. Осуществление иностранцами, лицами без
гражданства, иностранными юридическими лицами
и международными организациями деятельности,
препятствующей и (или) способствующей
выдвижению и избранию кандидатов, политических
партий, выдвинувших партийный список,
достижению определенного результата на выборах
Осуществление иностранцами, лицами без гражданства, иностранными юридическими
лицами и международными организациями деятельности, препятствующей и (или)
способствующей выдвижению и избранию кандидатов, политических партий, выдвинувших
партийный список, достижению определенного результата на выборах, –
влечет штраф на физических лиц в размере тридцати месячных расчетных
показателей с административным выдворением за пределы Республики Казахстан или без
такового, на юридических лиц – в размере одной тысячи месячных расчетных
показателей.
Статья 110. Выдача гражданам избирательных бюллетеней
(бюллетеней для голосования) в целях
предоставления им возможности голосования за
других лиц
Выдача членом избирательной комиссии (комиссии республиканского референдума)
гражданам избирательных бюллетеней (бюллетеней для голосования) в целях
предоставления им возможности голосования за других лиц –
влечет штраф в размере двадцати пяти месячных расчетных показателей.
Статья 111. Отказ работодателя в предоставлении отпуска
для участия в выборах (республиканском
референдуме)
Отказ работодателя предоставить зарегистрированному кандидату в депутаты или
на иную выборную должность либо члену избирательной комиссии предусмотренный
законодательными актами отпуск для участия в подготовке и проведении выборов в
органы государственной власти, управления и в органы местного самоуправления
(республиканского референдума) –
влечет штраф в размере тридцати месячных расчетных показателей.
Статья 112. Нарушение условий проведения предвыборной
агитации через средства массовой информации
1. Необъективное освещение средствами массовой информации выборной кампании
кандидатов, политических партий, выразившееся в искажении целей, задач и
результатов предвыборных мероприятий, а также событий и фактов, связанных с ними, –
влечет штраф на физических лиц в размере двадцати, на должностных лиц – в
размере тридцати, на юридических лиц – в размере пятидесяти месячных расчетных
показателей.
2. Публикация средствами массовой информации агитационных материалов и иной
информации, заведомо порочащих честь, достоинство и деловую репутацию кандидата или
политической партии, а также отказ в предоставлении указанным лицам возможности
бесплатного опубликования опровержения в защиту чести, достоинства и деловой
репутации –
влекут штраф на физических лиц в размере двадцати, на должностных лиц – в
размере тридцати, на юридических лиц – в размере пятидесяти месячных расчетных
показателей.
3. Прерывание и комментирование выступлений кандидатов на телевидении и по
радио сразу после выступления, а также в печатных изданиях в том же номере –
влекут штраф физических лиц в размере двадцати, должностных лиц – в размере
тридцати, на юридических лиц – в размере пятидесяти месячных расчетных показателей.
4. Нарушение средствами массовой информации требований о распространении
информации о мероприятиях по выдвижению всех кандидатов и партийных списков, их
регистрации избирательными комиссиями в равных объемах печатной площади, эфирного
времени –
влечет штраф на физических лиц в размере двадцати, должностных лиц – в
размере тридцати, на юридических лиц – в размере пятидесяти месячных расчетных
показателей.
5. Опубликование или выпуск в эфир агитационных материалов кандидатов,
политических партий, участвующих в выборах, средствами массовой информации, которые
не позднее чем на десятый день после официального опубликования решения о
назначении (объявлении) выборов не объявили и не опубликовали, а также не
представили в избирательную комиссию сведения о размере оплаты, условиях и порядке
предоставления эфира и печатной площади, –
влечет штраф на должностных лиц в размере тридцати, на юридических лиц – в
размере пятидесяти месячных расчетных показателей.
6. Отказ средства массовой информации в выделении эфирного времени, печатной
площади одному из кандидатов, политической партии, выдвинувшей партийный список, в
случае, если другому кандидату, политической партии, выдвинувшей партийный список,
этим же средством массовой информации было дано согласие на выделение эфирного
времени, печатной площади, –
влечет штраф на должностных лиц в размере тридцати, на юридических лиц – в
размере пятидесяти месячных расчетных показателей.
7. Нарушение очередности выступления кандидатов и политических партий,
выдвинувших партийные списки, в средствах массовой информации, установленной в
порядке поступления письменных обращений либо по жребию, в случае, если обращения
поступили одновременно, –
влечет штраф на должностных лиц в размере тридцати, на юридических лиц – в
размере пятидесяти месячных расчетных показателей.
8. Создание преимущества тому или иному кандидату, политической партии,
выдвинувшей партийный список, условиями договора о предоставлении кандидатам и
политическим партиям, выдвинувшим партийные списки, эфирного времени, печатной
площади в средствах массовой информации –
влечет штраф на должностных лиц в размере тридцати, на юридических лиц – в
размере пятидесяти месячных расчетных показателей.
Статья 113. Изготовление или распространение анонимных
агитационных материалов
Изготовление или распространение в период подготовки и проведения выборов в
органы государственной власти и органы местного самоуправления (республиканского
референдума) агитационных печатных и электронных материалов, не содержащих
информацию об организациях, выпустивших данные материалы, месте их печатания,
тираже, лицах, сделавших заказ и из каких средств оплачено, а также изготовление
агитационных печатных материалов за пределами территории Республики Казахстан,
распространение анонимных агитационных материалов –
влекут штраф в размере двадцати пяти месячных расчетных показателей.
Статья 114. Умышленное уничтожение, повреждение
агитационных материалов
Умышленное уничтожение, повреждение агитационных материалов кандидатов в
депутаты или на иную выборную должность, вывешенных с согласия собственника или
иного владельца на зданиях, сооружениях и иных объектах, –
влекут штраф в размере пятнадцати месячных расчетных показателей.
Статья 115. Непредставление или неопубликование отчетов о
расходовании средств на подготовку и
проведение выборов (республиканского
референдума)
Непредставление кандидатом, лицом, избранным депутатом или на иную выборную
должность, либо политической партией сведений о размерах поступлений
(пожертвований) в избирательные фонды и об источниках создания избирательных
фондов, а также отчета об использовании средств избирательного фонда –
влечет штраф на кандидата, лицо, избранное депутатом или на иную выборную
должность, в размере пятнадцати, на юридическое лицо – в размере пятидесяти пяти
месячных расчетных показателей.
Статья 116. Финансирование избирательной кампании или
оказание иной материальной помощи, помимо
избирательных фондов
Оказание финансовой или иной материальной помощи кандидатам, политическим
партиям, выдвинувшим партийные списки, помимо их избирательных фондов, –
влечет штраф на физических лиц в размере двадцати пяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере тридцати, на
субъектов среднего предпринимательства – в размере сорока, на субъектов крупного
предпринимательства – в размере пятидесяти месячных расчетных показателей.
Статья 117. Принятие пожертвований кандидатом на выборную
государственную должность либо политической
партией от иностранных государств,
организаций, иностранцев и лиц без гражданства
Принятие кандидатом в депутаты или на иную выборную государственную должность
либо политической партией пожертвований в любой форме от иностранного государства,
международной организации или международного общественного объединения, зарубежных
государственных органов, иностранцев и юридических лиц, созданных в соответствии с
законодательством другого государства, а также лиц без гражданства –
влечет штраф на кандидата в депутаты или на иную выборную должность в размере
пятидесяти, на юридическое лицо – в размере ста месячных расчетных показателей, с
конфискацией предметов пожертвования.
Статья 118. Оказание физическими и юридическими лицами
услуг кандидатам, политическим партиям без их
письменного согласия
Оказание физическими и юридическими лицами услуг кандидатам, политическим
партиям в связи с их предвыборной деятельностью без их письменного согласия –
влечет штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере тридцати, на
субъектов среднего предпринимательства – в размере сорока, на субъектов крупного
предпринимательства – в размере пятидесяти месячных расчетных показателей.
Статья 119. Непредставление либо неопубликование сведений
об итогах голосования или о результатах
выборов (республиканского референдума)
1. Непредставление председателем участковой избирательной комиссии для
ознакомления доверенному лицу кандидата, представителю средств массовой информации,
наблюдателю сведений об итогах голосования, обязательных для представления в
соответствии с законодательством Республики, –
влечет штраф в размере десяти месячных расчетных показателей.
2. Деяние, предусмотренное частью первой настоящей статьи, совершенное
председателем окружной избирательной комиссии, а также нарушение им сроков
опубликования либо неполное опубликование установленных
избирательным законодательством (законодательством о республиканском референдуме)
сведений о результатах выборов (республиканского референдума) –
влекут штраф в размере двадцати месячных расчетных показателей.
3. Деяние, предусмотренное частью первой настоящей статьи, совершенное
председателем территориальной избирательной комиссии, а также нарушение им сроков
опубликования либо неполное опубликование установленных избирательным
законодательством (законодательством о республиканском референдуме) сведений об
итогах голосования на выборах (республиканском референдуме) –
влекут штраф в размере пятнадцати месячных расчетных показателей.
4. Деяния, предусмотренные частями первой и третьей настоящей статьи,
совершенные Председателем Центральной избирательной комиссии Республики Казахстан,
–
влекут штраф в размере двадцати пяти месячных расчетных показателей.
Статья 120. Нарушение условий проведения опроса
общественного мнения, связанного с выборами
1. Нарушение средствами массовой информации порядка публикаций результатов
опросов общественного мнения, прогнозов результатов выборов, иных исследований,
связанных с выборами, а именно неуказание организации, проводившей опрос, лиц,
заказавших опрос и оплативших его, время проведения опроса, метод сбора информации,
точную формулировку вопроса, число опрошенных и коэффициент погрешности результатов
опроса –
влечет штраф на физическое лицо в размере пятнадцати, на юридических лиц – в
размере тридцати месячных расчетных показателей.
2. Опубликование в средствах массовой информации результатов опросов
общественного мнения, прогнозов результатов выборов, иных исследований, связанных с
выборами, в течение пяти дней до дня голосования и в день голосования, а также
проведение опроса общественного мнения в день выборов в помещении или пункте для
голосования –
влекут штраф на физических лиц в размере десяти, на юридических лиц – в
размере двадцати пяти месячных расчетных показателей.
Статья 121. Внесение изменений в списки избирателей
(выборщиков) после начала подсчета голосов
Внесение изменений в списки избирателей (выборщиков) после начала подсчета
голосов –
влечет штраф в размере двадцати месячных расчетных показателей.
Статья 122. Нарушение условий проведения предвыборной
агитации
1. Проведение государственными органами, органами местного самоуправления,
а также их должностными лицами при исполнении служебных обязанностей,
военнослужащими Вооруженных Сил Республики Казахстан, других войск и воинских
формирований Республики Казахстан, работниками органов национальной безопасности,
правоохранительных органов, судьями, членами избирательных комиссий, религиозными
объединениями предвыборной агитации, а также распространение указанными лицами
любых агитационных предвыборных материалов –
влекут штраф на физических лиц в размере двадцати, на должностных лиц – в
размере тридцати месячных расчетных показателей.
2. Проведение предвыборной агитации, сопровождаемой предоставлением
избирателям бесплатно или на льготных условиях товаров, услуг, ценных бумаг, а
также проведением лотерей, благотворительных акций, выплатой денег либо обещанием
предоставления таковых, –
влечет штраф в размере двадцати месячных расчетных показателей.
3. Участие журналистов, должностных лиц редакций средств массовой
информации, зарегистрированных кандидатами либо их доверенными лицами, в освещении
выборов через средства массовой информации –
влечет штраф в размере двадцати месячных расчетных показателей.
Статья 123. Нарушение условий предоставления кандидатам
помещений для встреч с избирателями
Отказ должностных лиц местных исполнительных органов и органов самоуправления
в предоставлении на договорной основе одному из кандидатов, политической партии,
выдвинувшей партийный список, помещений для встреч с избирателями в случае, если
другому кандидату, политической партии, выдвинувшей партийный список, было дано
согласие, –
влечет штраф в размере тридцати месячных расчетных показателей.
Статья 124. Размещение агитационных материалов
Размещение агитационных материалов на памятниках, обелисках, зданиях и
сооружениях, имеющих историческую, культурную или архитектурную ценность, а также в
помещении для голосования –
влечет штраф в размере двадцати пяти месячных расчетных показателей.
Статья 125. Нарушение порядка расходования средств,
выделенных из республиканского бюджета на
проведение предвыборной агитации
Нецелевое расходование кандидатами в депутаты или на иную выборную должность
средств, выделенных из республиканского бюджета на проведение предвыборной
агитации, –
влечет штраф в размере пяти месячных расчетных показателей.
Статья 126. Воспрепятствование законной деятельности
доверенных лиц кандидатов, политических
партий, представителей средств массовой
информации и наблюдателей на выборах
1. Воспрепятствование праву доверенных лиц кандидатов, политических партий,
наблюдателей политических партий, иных общественных объединений, некоммерческих
организаций Республики Казахстан, представителей средств массовой информации на
присутствие на заседаниях избирательной комиссии либо присутствие на избирательном
участке в день голосования с момента его открытия и до установления результатов
голосования при подсчете голосов избирателей, либо наблюдение за ходом голосования,
процедурой подсчета голосов и оформления результатов голосования на избирательном
участке, в пункте для голосования, либо присутствие при вскрытии и установке
оборудования электронной избирательной системы, а также при проверке его работы в
случаях, когда такое право предусмотрено законом, –
влечет штраф в размере тридцати пяти месячных расчетных показателей.
2. Воспрепятствование праву доверенных лиц кандидатов, политических партий,
наблюдателей политических партий, иных общественных объединений, некоммерческих
организаций Республики Казахстан на сопровождение членов избирательной комиссии для
организации голосования вне помещения для голосования либо присутствие при
проведении голосования избирателей вне помещения для голосования, либо
осуществление фото-, аудио– и видеозаписи, либо наблюдение процедур передачи
протоколов о результатах голосования вышестоящим избирательным комиссиям, либо
отказ в получении информации о количестве избирателей, принявших участие в
голосовании, в том числе в голосовании вне помещения, либо обжаловании решений,
действий (бездействия) соответствующей избирательной комиссии и (или) ее членов в
случаях, когда такое право предусмотрено законом, –
влечет штраф в размере тридцати пяти месячных расчетных показателей.
3. Отказ доверенным лицам кандидатов, политических партий в повторном
подсчете голосов в случаях, когда такое право предусмотрено законом, –
влечет штраф в размере тридцати пяти месячных расчетных показателей.
4. Воспрепятствование праву наблюдателей иностранных государств и
международных организаций, представителей иностранных средств массовой информации
на присутствие на всех стадиях избирательного процесса либо получение в
избирательных комиссиях информации о ходе избирательной кампании, либо доступ на
избирательные участки во время проведения голосования и подсчета голосов, либо
встречу с участниками избирательного процесса, либо дачу публичных заявлений, либо
наблюдение процедур передачи протоколов о результатах голосования вышестоящим
избирательным комиссиям в случаях, когда такое право предусмотрено законом, –
влечет штраф в размере тридцати пяти месячных расчетных показателей.
Глава 12. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ НА ПРАВА
НЕСОВЕРШЕННОЛЕТНИХ Статья 127. Невыполнение родителями или другими законными
представителями обязанностей по воспитанию
детей
1. Невыполнение родителями или другими законными представителями
обязанностей по воспитанию и обучению несовершеннолетних детей –
влечет штраф в размере семи месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере двадцати месячных расчетных показателей либо
административный арест до пятнадцати суток.
Статья 128. Вовлечение несовершеннолетнего в совершение
административного правонарушения
Вовлечение несовершеннолетнего в совершение административного правонарушения
–
влечет штраф в размере ста месячных расчетных показателей.
Статья 129. Невыполнение должностными лицами местных
исполнительных органов и (или) законными
представителями ребенка обязанности по
постановке на учет детей-сирот, детей,
оставшихся без попечения родителей,
нуждающихся в жилище
1. Невыполнение должностными лицами местных исполнительных органов и (или)
законными представителями ребенка обязанности по постановке на учет детей-сирот,
детей, оставшихся без попечения родителей, нуждающихся в жилище, а равно постановка
на учет с нарушением установленного срока –
влекут штраф в размере ста месячных расчетных показателей.
2. Деяния, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф в размере двухсот месячных расчетных показателей.
Статья 130. Невыполнение должностными лицами местных
исполнительных органов и (или) законными
представителями ребенка обязанности по
сохранности жилища детей-сирот, детей,
оставшихся без попечения родителей
1. Невыполнение должностными лицами местных исполнительных органов и (или)
законными представителями ребенка обязанности по сохранности жилища детей-сирот,
детей, оставшихся без попечения родителей, –
влечет штраф в размере четырехсот месячных расчетных показателей.
2. Деяние, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере пятисот месячных расчетных показателей.
Статья 131. Доведение несовершеннолетнего до состояния
опьянения
Доведение несовершеннолетнего до состояния опьянения –
влечет штраф в размере двадцати месячных расчетных показателей либо
административный арест на срок до пяти суток.
Статья 132. Допущение нахождения несовершеннолетних в
развлекательных заведениях в ночное время
1. Допущение нахождения несовершеннолетних в развлекательных заведениях без
сопровождения законных представителей в ночное время (с 22 до 6 часов утра) –
влечет штраф на физических лиц в размере тридцати, на субъектов малого
предпринимательства или некоммерческие организации в размере сорока пяти, на
субъектов среднего предпринимательства – в размере шестидесяти, на субъектов
крупного предпринимательства – в размере ста месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере шестидесяти, на субъектов малого
предпринимательства или некоммерческие организации в размере девяноста, на
субъектов среднего предпринимательства – в размере ста двадцати, на субъектов
крупного предпринимательства – в размере двухсот месячных расчетных показателей, с
приостановлением деятельности или отдельных видов деятельности.
Статья 133. Продажа табака и табачных изделий лицам и
лицами, не достигшими восемнадцати лет
1. Продажа табака и табачных изделий лицам и лицами, не достигшими
восемнадцати лет, –
влечет штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства – в размере сорока, на субъектов среднего предпринимательства –
в размере шестидесяти, на субъектов крупного предпринимательства – в размере
восьмидесяти месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере сорока, на субъектов малого
предпринимательства – в размере шестидесяти, на субъектов среднего
предпринимательства – в размере восьмидесяти, на субъектов крупного
предпринимательства – в размере ста шестидесяти месячных расчетных показателей, с
приостановлением деятельности или отдельных видов деятельности.
Статья 134. Продажа несовершеннолетним предметов и
материалов эротического содержания
1. Продажа несовершеннолетним печатных изданий, кино- или видеоматериалов,
изображений или иных предметов либо материалов эротического содержания –
влечет штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства – в размере сорока, на субъектов среднего предпринимательства –
в размере шестидесяти, на субъектов крупного предпринимательства – в размере
восьмидесяти месячных расчетных показателей, с конфискацией предметов и материалов
эротического содержания.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере сорока, на субъектов малого
предпринимательства – в размере шестидесяти, на субъектов среднего
предпринимательства – в размере восьмидесяти, на субъектов крупного
предпринимательства – в размере ста шестидесяти месячных расчетных показателей, с
конфискацией предметов и материалов эротического содержания.
Статья 135. Нарушение порядка и сроков представления
сведений о несовершеннолетних, нуждающихся в
передаче на усыновление (удочерение), под
опеку (попечительство), на воспитание в семьи
физических лиц
1. Нарушение руководителями организаций, в которых находятся дети, оставшиеся
без попечения родителей, а также должностными лицами исполнительных органов
Республики Казахстан, совершенное в виде:
1) несоблюдения сроков представления сведений о несовершеннолетних,
нуждающихся в передаче на усыновление (удочерение), под опеку (попечительство), на
воспитание в семьи физических лиц;
2) представления недостоверных сведений о ребенке, сокрытия данных,
подлежащих отражению возможности устройства ребенка, оставшегося без попечения
родителей, в семью для постановки его на региональный и централизованный учет
детей, оставшихся без попечения родителей;
3) незаконного разглашения сведений о наличии в региональном,
централизованном учете детей, оставшихся без попечения родителей, и данных о них
отдельным гражданам, учреждениям и общественным организациям;
4) нарушения порядка ведения первичного, регионального, централизованного
учета детей–сирот и детей, оставшихся без попечения родителей, –
влечет штраф в размере тридцати месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере шестидесяти месячных расчетных показателей.
Глава 13. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ НА СОБСТВЕННОСТЬ
Статья 136. Нарушение права государственной собственности
на землю
Незаконное занятие или обмен государственных земельных участков либо
совершение других сделок, в прямой или косвенной форме нарушающих право
государственной собственности на землю, а также несвоевременный возврат временно
занимаемых государственных земель –
влекут штраф на физических лиц в размере семидесяти пяти, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
ста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на
субъектов крупного предпринимательства – в размере семисот месячных расчетных
показателей.
Статья 137. Нарушение земельного законодательства
Республики Казахстан при предоставлении права
на земельный участок и при изменении
целевого назначения земельного участка
1. Нарушения земельного законодательства Республики Казахстан при
предоставлении права на земельный участок и при изменении целевого назначения
земельного участка, если эти действия не содержат признаков уголовно наказуемого
деяния, совершенные в виде:
1) предоставления земельных участков или права аренды земельных участков,
находящихся в государственной собственности и не предоставленных в землепользование
без проведения торгов (аукционов и конкурсов), за исключением случаев, когда на
земельный участок или право аренды земельного участка не распространяются
аукционный и конкурсный способы предоставления земельных участков;
2) нарушения установленных сроков рассмотрения ходатайств (заявлений)
физических и юридических лиц о предоставлении соответствующего права на земельный
участок;
3) принятия решения местным исполнительным органом о предоставлении прав на
земельные участки без положительного заключения земельной комиссии и (или) без
утвержденного землеустроительного проекта;
4) нарушения срока принятия решения местным исполнительным органом об отказе
в предоставлении прав на земельные участки;
5) нарушения срока принятия решения местным исполнительным органом о
предоставлении прав на земельные участки;
6) принятия решения местным исполнительным органом о предоставлении права
частной собственности на земельные участки, которые не могут находиться в частной
собственности;
7) принятия решения местным исполнительным органом о принудительном
отчуждении земельного участка для государственных нужд в случаях, не
предусмотренных законодательными актами;
8) принятия решения местным исполнительным органом о бесплатном
предоставлении в частную собственность земельных участков размером выше нормы,
предусмотренной земельным законодательством, а также повторного бесплатного
предоставления;
9) принятия решения местным исполнительным органом о предоставлении права
временного безвозмездного землепользования для цели или в срок, не предусмотренных
земельным законодательством;
10) принятия решения местным исполнительным органом о предоставлении права
частной собственности на земли сельскохозяйственного назначения для иностранцев и
лиц без гражданства;
11) принятия решения местным исполнительным органом о предоставлении прав на
земельные участки, не входящие в его компетенцию;
12) нарушения срока рассмотрения заявления об изменении целевого назначения
земельного участка;
13) нарушения сроков изготовления и выдачи идентификационных документов на
земельный участок;
14) нарушения сроков рассмотрения и утверждения землеустроительного проекта;
15) нарушения сроков заключения договора купли–продажи или временного
возмездного (безвозмездного) землепользования, –
влекут штраф на должностных лиц в размере тридцати месячных расчетных
показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на должностных лиц в размере шестидесяти месячных расчетных
показателей.
Статья 138. Уничтожение специальных знаков
1. Уничтожение межевых знаков границ земельных участков –
влечет предупреждение или штраф на физических лиц в размере трех, на
субъектов малого предпринимательства или некоммерческие организации – в размере
десяти, на субъектов среднего предпринимательства – в размере тридцати, на
субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных
показателей.
2. Уничтожение или повреждение наблюдательных и режимных скважин на
подземные воды, наблюдательных режимных створов на водных объектах, водоохранных
или водохозяйственных знаков, лесоустроительных или лесохозяйственных знаков в
лесном фонде, маркшейдерских, геодезических и нивелирных пунктов и знаков –
влечет штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере тридцати, на
субъектов среднего предпринимательства – в размере семидесяти, на субъектов
крупного предпринимательства – в размере ста месячных расчетных показателей.
Статья 139. Нарушение права государственной собственности
на недра
1. Незаконное пользование недрами, за исключением подземных вод, совершение
сделок, в прямой или скрытой форме нарушающих право государственной собственности
на недра, –
влекут штраф на физических лиц в размере пятидесяти, на должностных лиц,
субъектов малого предпринимательства – в размере ста, на субъектов среднего
предпринимательства – в размере ста пятидесяти, на субъектов крупного
предпринимательства – в размере пятисот месячных расчетных показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере ста, на должностных лиц, субъектов
малого предпринимательства – в размере ста пятидесяти, на субъектов среднего
предпринимательства – в размере двухсот, на субъектов крупного предпринимательства
– в размере семисот месячных расчетных показателей, с конфискацией имущества,
полученного вследствие совершения административного правонарушения, орудий и
предметов совершения административного правонарушения.
Статья 140. Выборочная отработка участков месторождения
1. Выборочная отработка участков месторождения, приведшая к ухудшению
качества оставшихся запасов, необоснованным сверхпроектным и сверхнормативным
потерям полезных ископаемых, –
влечет штраф на субъектов малого предпринимательства в размере ста
пятидесяти, на субъектов среднего предпринимательства – в размере двухсот, на
субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных
показателей.
2. Несоблюдение проектных решений по отработке участков месторождения,
повлекшее причинение вреда окружающей среде, –
влечет штраф на субъектов малого предпринимательства – в размере ста, на
субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов
крупного предпринимательства – в размере одной тысячи месячных расчетных
показателей.
Статья 141. Нарушение права государственной собственности
на воды
1. Незаконный захват водных объектов, в том числе сброс сточных и других
вод, незаконное водопользование, переуступка права водопользования, а также
совершение других сделок, в прямой или скрытой форме нарушающих право
государственной собственности на воды, –
влекут штраф на физических лиц в размере тридцати, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
сорока, на субъектов среднего предпринимательства – в размере шестидесяти, на
субъектов крупного предпринимательства – в размере четырехсот месячных расчетных
показателей.
2. Забор воды с нарушением лимитов, превышение разрешенных объемов,
незаконное производство гидротехнических работ, нерациональное, нецелевое
использование подземных и поверхностных вод, добытых или отведенных из водных
объектов, –
влекут штраф на физических лиц в размере десяти, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
двадцати, на субъектов среднего предпринимательства – в размере тридцати, на
субъектов крупного предпринимательства – в размере двухсот пятидесяти месячных
расчетных показателей.
Статья 142. Нарушение права государственной собственности
на леса
Купля-продажа, дарение, залог, незаконное занятие и обмен участков лесного
фонда, а также незаконная переуступка права осуществления лесных пользований,
нарушающие права государственной собственности на леса, –
влекут штраф на физических лиц в размере двадцати, на должностных лиц – в
размере двадцати пяти, на субъектов малого предпринимательства или некоммерческие
организации – в размере семидесяти, на субъектов среднего предпринимательства – в
размере ста пятидесяти, на субъектов крупного предпринимательства – в размере
пятисот месячных расчетных показателей.
Статья 143. Нарушение права государственной собственности
на животный и растительный мир
1. Незаконная переуступка права пользования объектами животного мира, а
также совершение других сделок, в прямой или скрытой форме нарушающих право
государственной собственности на животный мир, а равно незаконное пользование
объектами животного мира в заповедниках и на других особо охраняемых природных
территориях, на пользование которыми требуется получение разрешения, –
влекут штраф на физических лиц в размере десяти, на должностных лиц – в
размере двадцати пяти, на субъектов малого предпринимательства или некоммерческие
организации – в размере семидесяти, на субъектов среднего предпринимательства – в
размере ста пятидесяти, на субъектов крупного предпринимательства – в размере
пятисот месячных расчетных показателей.
2. Незаконная переуступка права пользования объектами растительного мира, а
также совершение других сделок, в прямой или скрытой форме нарушающих право
государственной собственности на растительный мир, а равно незаконное пользование
объектами растительного мира, на пользование которыми требуется получение
разрешения, –
влекут штраф на физических лиц в размере десяти, на должностных лиц – в
размере двадцати, на субъектов малого предпринимательства или некоммерческие
организации – в размере пятидесяти, на субъектов среднего предпринимательства – в
размере ста, на субъектов крупного предпринимательства, – в размере трехсот
месячных расчетных показателей.
Статья 144. Незаконные подключение, использование энергии
или воды
1. Незаконные подключение, использование электрической и (или) тепловой
энергии –
влекут штраф на физических лиц в размере пятидесяти, на должностных лиц – в
размере ста, на субъектов малого предпринимательства или некоммерческие организации
– в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере
двухсот, на субъектов крупного предпринимательства – в размере пятисот месячных
расчетных показателей.
2. Незаконные подключение, использование воды из водопроводных сетей, а равно
незаконное подключение к канализационным сетям –
влекут штраф на физических лиц в размере тридцати, на должностных лиц, – в
размере шестидесяти, на субъектов малого предпринимательства или некоммерческие
организации – в размере ста, на субъектов среднего предпринимательства – в размере
ста пятидесяти, на субъектов крупного предпринимательства – в размере трехсот
месячных расчетных показателей.
Статья 145. Нарушение законодательства Республики
Казахстан в области охраны и использования
объектов историко-культурного наследия
Нарушение законодательства Республики Казахстан в области охраны и
использования объектов историко-культурного наследия, совершенное в виде:
1) нарушений правил охраны и содержания памятников истории и культуры;
2) нарушений условий содержания памятника истории и культуры, прописанных в
охранных обязательствах;
3) нарушений требований сооружения новых памятников истории и культуры;
4) незаконного перемещения и изменения памятника истории и культуры;
5) непроведения при освоении территорий до отвода земельных участков
исследовательских работ по выявлению объектов, имеющих историческую, научную,
художественную и иную культурную ценность;
6) проведения работ, которые могут создавать угрозу существованию объектов
историко-культурного наследия, –
влечет штраф на физических лиц в размере десяти, на должностных лиц,
субъектов малого предпринимательства – в размере пятидесяти, на субъектов среднего
предпринимательства – в размере ста, на субъектов крупного предпринимательства – в
размере двухсот пятидесяти месячных расчетных показателей, с приостановлением
производимых работ.
Статья 146. Проезд по посевам или насаждениям
Проезд по посевам или насаждениям на механическом транспортном средстве,
гужевом транспорте –
влечет предупреждение или штраф в размере пяти месячных расчетных
показателей.
Статья 147. Потрава посевов, стогов, порча или уничтожение
находящегося в поле собранного урожая
сельскохозяйственных культур, повреждение
насаждений
1. Потрава посевов, стогов, порча или уничтожение находящегося в поле
собранного урожая сельскохозяйственных культур либо повреждение насаждений
сельскохозяйственных организаций независимо от организационно-правовых форм,
крестьянских или фермерских хозяйств, личных подсобных хозяйств скотом или птицей –
влекут штраф на физических лиц в размере двадцати, на должностных лиц – в
размере пятидесяти месячных расчетных показателей.
2. Те же действия, совершенные повторно в течение года после наложения
административного взыскания, предусмотренного частью первой настоящей статьи, –
влекут штраф на физических лиц в размере сорока, на должностных лиц – в
размере семидесяти месячных расчетных показателей.
Статья 148. Нарушение сроков возврата государственных
натурных грантов
Нарушение сроков возврата государственных натурных грантов,
установленных законодательством об инвестициях, –
влечет штраф на субъектов малого предпринимательства в размере ста
пятидесяти, на субъектов среднего предпринимательства – в размере двухсот, на
субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных
показателей.
Статья 149. Неисполнение и (или) ненадлежащее исполнение
обязанностей по обеспечению
антитеррористической защиты и соблюдению
должного уровня безопасности объекта,
уязвимого в террористическом отношении
1. Неисполнение и (или) ненадлежащее исполнение собственником либо владельцем
либо руководителем объекта, уязвимого в террористическом отношении, обязанностей по
обеспечению антитеррористической защиты и соблюдению должного уровня безопасности
вверенного ему объекта -
влекут штраф на физических или должностных лиц в размере ста, на субъектов
малого предпринимательства или некоммерческие организации - в размере двухсот, на
субъектов среднего предпринимательства - в размере трехсот, на субъектов крупного
предпринимательства – в размере пятисот месячных расчетных показателей.
2. Действия (бездействие), предусмотренные частью первой настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф на физических или должностных лиц в размере двухсот, на
субъектов малого предпринимательства или некоммерческие организации - в размере
трехсот, на субъектов среднего предпринимательства – в размере пятисот, на
субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных
показателей.
Статья 150. Рекламирование деятельности финансовой
(инвестиционной) пирамиды
Производство, распространение и размещение рекламы деятельности финансовой
(инвестиционной) пирамиды –
влекут штраф на физических лиц в размере ста пятидесяти, на должностных лиц –
в размере ста семидесяти, на субъектов малого предпринимательства или
некоммерческие организации – в размере двухсот, на субъектов среднего
предпринимательства – в размере трехсот, на субъектов крупного предпринимательства
– в размере шестисот месячных расчетных показателей, с приостановлением выпуска
(выхода в эфир) средства массовой информации на срок до трех месяцев.
Глава 14. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ
ПРЕДПРИНИМАТЕЛЬСКОЙ ДЕЯТЕЛЬНОСТИ
Статья 151. Нарушение правил вывоза или отправки сырья,
продовольственных и промышленных товаров за
пределы Республики Казахстан
1. Нарушение правил вывоза или отправки сырья, продовольственных,
промышленных товаров за пределы Республики Казахстан –
влечет штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства – в размере двадцати, на субъектов среднего предпринимательства
– в размере тридцати, на субъектов крупного предпринимательства – в размере
пятидесяти месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере двадцати пяти, на субъектов среднего
предпринимательства – в размере сорока, на субъектов крупного предпринимательства –
в размере шестидесяти месячных расчетных показателей, с конфискацией сырья или
товаров или без таковой.
Статья 152. Нарушение правил приема сырья,
продовольственных и промышленных товаров для
отправки за пределы Республики Казахстан
Нарушение правил приема сырья, продовольственных и промышленных товаров для
отправки из Республики Казахстан, совершенное работниками почтовых организаций,
железнодорожного, автомобильного, речного, морского и воздушного транспорта, –
влечет штраф в размере десяти месячных расчетных показателей.
Статья 153. Незаконное предпринимательство
Занятие запрещенными видами предпринимательской деятельности, если это деяние
причинило крупный ущерб гражданину, организации или государству либо сопряжено с
извлечением дохода в крупном размере или производством, хранением, перевозкой либо
сбытом подакцизных товаров в значительных размерах, если эти действия не содержат
признаков уголовно наказуемого деяния, –
влечет штраф на физических лиц, субъектов малого предпринимательства в
размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на
субъектов крупного предпринимательства – в размере пятидесяти процентов от суммы
причиненного ущерба, от суммы извлеченного дохода и стоимости подакцизных товаров,
полученных в результате незаконного предпринимательства.
Примечания.
1. Крупным ущербом в статьях 153 и 155 настоящего Кодекса признается ущерб,
причиненный гражданину на сумму, не превышающую одну тысячу месячных расчетных
показателей, либо ущерб, причиненный организации или государству на сумму, не
превышающую десять тысяч месячных расчетных показателей.
2. Доходом в крупном размере в статьях 153 и 155 настоящего Кодекса
признается доход, сумма которого не превышает десять тысяч месячных расчетных
показателей.
3. В настоящей статье значительным размером признается такое количество
товаров, стоимость которых не превышает одну тысячу месячных расчетных показателей.
Статья 154. Занятие предпринимательской деятельностью
лицом, для которого установлен
законодательством Республики Казахстан запрет
на осуществление такой деятельности
Занятие предпринимательской деятельностью лицом, для которого установлен
законодательством Республики Казахстан запрет на осуществление такой деятельности,
–
влечет штраф на физических лиц в размере двухсот месячных расчетных
показателей с конфискацией предметов и (или) орудия совершения административных
правонарушений и (или) доходов (дивидендов), денег, ценных бумаг, полученных
вследствие совершения правонарушения.
Статья 155. Незаконная банковская деятельность
Осуществление банковской деятельности (банковских операций) без регистрации
или без специального разрешения (лицензии) в случаях, когда такое разрешение
(лицензия) обязательно, причинившее крупный ущерб гражданину, организации или
государству либо сопряженное с извлечением дохода в крупном размере, если это
действие не содержит признаков уголовно наказуемого деяния, –
влечет штраф на физических лиц, субъектов малого предпринимательства в
размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на
субъектов крупного предпринимательства – в размере пятидесяти процентов от суммы
причиненного ущерба, от суммы извлеченного дохода, полученного в результате
незаконной деятельности.
Статья 156. Нарушение требований законодательства
Республики Казахстан о культуре
1. Нарушение требований законодательства Республики Казахстан о культуре,
совершенное в виде:
1) проката и публичной демонстрации фильмов на территории Республики
Казахстан без прокатного удостоверения на фильм;
2) неинформирования зрителей в установленном порядке о возрастном зрительском
цензе (индексе) фильма;
3) несоблюдения установленного времени при прокате и публичной демонстрации
фильмов с индексами «Е18» и «НА» в кинозалах и иных местах, предназначенных для
этих целей и на телеканалах (за исключением иностранных телеканалов);
4) несоблюдения порядка и условий временного вывоза культурных ценностей;
5) непредставления обязательного бесплатного экземпляра издания в
национальные библиотеки, –
влечет предупреждение.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере тридцати, на
субъектов среднего предпринимательства – в размере сорока, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей.
Статья 157. Заведомо ложная реклама
Использование рекламодателем в рекламе заведомо ложной информации
относительно товаров, работ или услуг, а также их производителей, исполнителей или
продавцов, совершенное из корыстных побуждений и причинившее крупный ущерб, –
влечет штраф на физических лиц в размере ста, на субъектов малого
предпринимательства – в размере трехсот пятидесяти, на субъектов среднего
предпринимательства – в размере пятисот, на субъектов крупного предпринимательства
– в размере одной тысячи месячных расчетных показателей.
Примечание. Крупным ущербом в настоящей статье признается ущерб, причиненный
физическому лицу на сумму, в сто раз превышающую месячный расчетный показатель,
либо ущерб, причиненный организации или государству на сумму, в пятьсот раз
превышающую месячный расчетный показатель.
Статья 158. Незаконное использование чужого товарного
знака, знака обслуживания, наименования места
происхождения товара или фирменного
наименования
Незаконное использование чужого товарного знака, знака обслуживания или
наименования места происхождения товара или сходных с ним обозначений для
однородных товаров или услуг, а также незаконное использование чужого фирменного
наименования, если эти действия не содержат признаков уголовно наказуемого деяния,
–
влекут штраф на физических лиц в размере тридцати, на субъектов малого
предпринимательства – в размере сорока, на субъектов среднего предпринимательства –
в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста
месячных расчетных показателей, с конфискацией товаров, содержащих незаконное
изображение товарного знака, знака обслуживания, наименование места происхождения
товара или сходных с ним обозначений для однородных товаров или услуг.
Примечания.
1. Конфискация за совершение правонарушений, указанных в настоящей статье,
производится в случае невозможности уничтожения изготовленного изображения
товарного знака, знака обслуживания, наименования места происхождения товара или
фирменного наименования, его упаковки, бланков или другой документации, незаконно
используемого товарного знака или наименования места происхождения, а также
обозначения, сходного с ним до степени смешения.
2. Конфискованные в соответствии с частями первой и второй настоящей статьи
товары подлежат уничтожению в порядке, предусмотренном статьей 795 настоящего
Кодекса, за исключением случаев их передачи правообладателю по его просьбе.
Статья 159. Монополистическая деятельность
1. Антиконкурентные соглашения субъектов рынка, запрещенные Законом
Республики Казахстан «О конкуренции», если эти действия не содержат признаков
уголовно наказуемого деяния, –
влекут штраф на субъектов малого или среднего предпринимательства или
некоммерческие организации в размере трех, на субъектов крупного
предпринимательства – в размере пяти процентов от дохода (выручки), полученного в
результате осуществления монополистической деятельности, с конфискацией
монопольного дохода, полученного в результате осуществления монополистической
деятельности, не более чем за один год.
2. Антиконкурентные согласованные действия субъектов рынка,
запрещенные Законом Республики Казахстан «О конкуренции», если эти действия не
содержат признаков уголовно наказуемого деяния, –
влекут штраф на субъектов малого или среднего предпринимательства или
некоммерческие организации в размере трех, на субъектов крупного
предпринимательства – в размере пяти процентов от дохода (выручки), полученного в
результате осуществления монополистической деятельности, с конфискацией
монопольного дохода, полученного в результате осуществления монополистической
деятельности, не более чем за один год.
3. Злоупотребления субъектами рынка своим доминирующим или монопольным
положением, запрещенные Законом Республики Казахстан «О конкуренции», если эти
действия не содержат признаков уголовно наказуемого деяния, –
влекут штраф на субъектов малого или среднего предпринимательства или
некоммерческие организации в размере трех, на субъектов крупного
предпринимательства – в размере пяти процентов от дохода (выручки), полученного в
результате осуществления монополистической деятельности, с конфискацией
монопольного дохода, полученного в результате осуществления монополистической
деятельности, не более чем за один год.
4. Действия, предусмотренные частями первой, второй и третьей настоящей
статьи, совершенные повторно в течение года после наложения административного
взыскания, –
влекут штраф на субъектов малого или среднего предпринимательства или
некоммерческие организации в размере пяти, на субъектов крупного
предпринимательства – в размере десяти процентов от дохода (выручки), полученного в
результате осуществления монополистической деятельности, с конфискацией
монопольного дохода, полученного в результате осуществления монополистической
деятельности, не более чем за один год.
5. Координация физическими и (или) юридическими лицами экономической
деятельности субъектов рынка, способная привести, приводящая или приведшая к любой
форме антиконкурентных соглашений субъектов рынка, запрещенных Законом Республики
Казахстан «О конкуренции», –
влечет штраф на физических лиц в размере двухсот, на субъектов малого
предпринимательства или некоммерческие организации – в размере трехсот пятидесяти,
на субъектов среднего предпринимательства – в размере пятисот, на субъектов
крупного предпринимательства – в размере одной тысячи месячных расчетных
показателей.
6. Действие, предусмотренное частью пятой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере трехсот, на субъектов малого
предпринимательства или некоммерческие организации – в размере трехсот пятидесяти,
на субъектов среднего предпринимательства – в размере семисот, на субъектов
крупного предпринимательства – в размере тысячи пятисот месячных расчетных
показателей.
Примечание.
Субъект рынка, совершивший административное правонарушение в виде
антиконкурентного соглашения или антиконкурентных согласованных действий,
освобождается от административной ответственности при совокупном соблюдении
следующих условий:
1) к моменту, когда субъект рынка заявляет антимонопольному органу об
антиконкурентных соглашениях или антиконкурентных согласованных действиях,
антимонопольный орган не получал информации о данных антиконкурентных соглашениях
или антиконкурентных согласованных действиях из других источников;
2) субъект рынка предпринимает срочные меры по прекращению своего участия в
антиконкурентных соглашениях или антиконкурентных согласованных действиях;
3) субъект рынка сообщает полную информацию о фактах антиконкурентных
соглашений или антиконкурентных согласованных действий на протяжении всего
расследования с момента заявления;
4) субъект рынка добровольно возмещает ущерб потребителям, причиненный в
результате совершения антиконкурентных соглашений или антиконкурентных
согласованных действий
Сноска. Статья 159 с изменениями, внесенными Законом РК от 05.05.2015 № 312-V
(вводится в действие по истечении десяти календарных дней после дня его первого
официального опубликования).
Статья 160. Нарушение законодательства Республики
Казахстан о государственной монополии
1. Несоблюдение субъектом государственной монополии ограничений,
установленных законодательством Республики Казахстан о государственной монополии, –
влечет штраф в размере трехсот месячных расчетных показателей.
2. Осуществление деятельности, отнесенной к сфере государственной монополии,
неуполномоченным лицом –
влечет штраф на физических лиц в размере ста, на субъектов малого
предпринимательства – в размере ста пятидесяти, на субъектов среднего
предпринимательства – в размере двухсот, на субъектов крупного предпринимательства
– в размере трехсот месячных расчетных показателей, с конфискацией предметов и
(или) орудия совершения административного правонарушения или без таковой.
Статья 161. Неправомерные действия субъектов рынка при
экономической концентрации
1. Экономическая концентрация субъектов рынка без получения согласия
антимонопольного органа в случае, если такое согласие необходимо, невыполнение
субъектами рынка, участвующими в экономической концентрации, требований и
обязательств, которыми было обусловлено решение о даче согласия на экономическую
концентрацию, –
влекут штраф на физических лиц в размере восьмидесяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере двухсот, на
субъектов среднего предпринимательства – в размере трехсот двадцати, на субъектов
крупного предпринимательства – в размере тысячи шестисот месячных расчетных
показателей.
2. Непредставление или несвоевременное представление уведомления в
антимонопольный орган о совершенной экономической концентрации в случае, если
наличие такого уведомления необходимо, –
влечет штраф на физических лиц в размере восьмидесяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере двухсот, на
субъектов среднего предпринимательства – в размере трехсот двадцати, на субъектов
крупного предпринимательства – в размере тысячи шестисот месячных расчетных
показателей.
Статья 162. Невыполнение предписания антимонопольного
органа. Нарушение обязательств по
предоставлению информации и создание
препятствий доступу в помещения и на
территорию
Невыполнение предписания или выполнение его не в полном объеме,
непредоставление информации либо предоставление информации в неполном объеме
антимонопольному органу в установленные сроки, предоставление недостоверной и (или)
ложной информации антимонопольному органу, создание препятствий должностным лицам
антимонопольного органа, проводящим расследование, в доступе в помещения и на
территорию –
влекут штраф на физических лиц в размере восьмидесяти, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере ста
шестидесяти, на субъектов среднего предпринимательства – в размере трехсот
шестидесяти, на субъектов крупного предпринимательства – в размере тысячи шестисот
месячных расчетных показателей.
Статья 163. Антиконкурентные действия государственных,
местных исполнительных органов,
недобросовестная конкуренция
1. Антиконкурентные действия государственных, местных исполнительных
органов –
влекут штраф на должностных лиц в размере трехсот месячных расчетных
показателей.
2. Недобросовестная конкуренция –
влечет штраф на субъектов малого предпринимательства в размере двухсот, на
субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного
предпринимательства – в размере тысячи пятисот месячных расчетных показателей.
3. Действие, предусмотренное частью второй настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере трехсот, на
субъектов среднего предпринимательства – в размере четырехсот, на субъектов
крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.
Статья 164. Нарушение законодательства Республики
Казахстан о естественных монополиях и
регулируемых рынках
1. Непредоставление субъектом естественной монополии в уполномоченный орган,
осуществляющий руководство в сферах естественных монополий и на регулируемых
рынках, информации, отчета, уведомления установленных форм, а равно предоставление
информации, отчета, уведомления установленных форм с нарушением установленных
сроков –
влекут штраф на субъектов малого предпринимательства в размере двухсот, на
субъектов среднего предпринимательства – в размере двухсот сорока, на субъектов
крупного предпринимательства – в размере восьмисот месячных расчетных показателей.
2. Те же действия (бездействие), совершенные повторно в течение года после
наложения административного взыскания, предусмотренного частью первой настоящей
статьи, –
влекут штраф на субъектов малого предпринимательства в размере двухсот
сорока, на субъектов среднего предпринимательства – в размере двухсот восьмидесяти,
на субъектов крупного предпринимательства – в размере тысячи двухсот месячных
расчетных показателей.
3. Непредоставление лицами, осуществляющими деятельность, отнесенную к сфере
естественной монополии, в уполномоченный орган заявления и документов, информации о
включении в Государственный регистр на субъектов естественных монополий в течение
пятнадцати календарных дней со дня начала осуществления данной деятельности в
порядке, установленном законодательством о естественных монополиях и регулируемых
рынках, –
влечет штраф в размере ста процентов от суммы дохода (выручки), полученного в
результате совершения административного правонарушения.
4. Несоблюдение субъектом естественной монополии ограничений, а равно
неисполнение или ненадлежащее исполнение субъектом естественной монополии
обязанностей, установленных законодательством Республики Казахстан о естественных
монополиях и регулируемых рынках, за исключением обязанности предоставления в
уполномоченный орган, осуществляющий руководство в сферах естественных монополий и
на регулируемых рынках, информации, отчета, уведомления, –
влекут штраф на субъектов малого предпринимательства в размере двухсот
восьмидесяти, на субъектов среднего предпринимательства – в размере трехсот
двадцати, на субъектов крупного предпринимательства – в размере тысячи шестисот
месячных расчетных показателей.
5. Действие (бездействие), предусмотренное частью третьей настоящей статьи,
повлекшее получение дохода (выручки), –
влечет штраф на юридических лиц в размере десяти процентов от дохода
(выручки), полученного в результате совершения административного правонарушения.
Примечание. Под доходом (выручкой), полученным в результате совершения
административного правонарушения, понимается разница между доходом (выручкой),
полученным субъектом естественной монополии, и доходом (выручкой), который должен
был получить субъект естественной монополии при соблюдении законодательства
Республики Казахстан.
Статья 165. Нарушение порядка реализации (продажи)
электрической энергии
1. Реализация (продажа) энергопроизводящей организацией электрической
энергии, за исключением случаев реализации (продажи) на спот-торгах (не более
десяти процентов от объемов вырабатываемой ими электрической энергии),
балансирующем рынке и на экспорт, по тарифу, превышающему соответственно
предельный, индивидуальный, расчетный тарифы электрической энергии, –
влечет штраф на юридических лиц в размере десяти процентов от дохода
(выручки), полученного в результате совершения административного правонарушения.
2. Реализация (продажа) энергопроизводящей организацией электрической
энергии физическим и юридическим лицам, не являющимся субъектами оптового и (или)
розничного рынка, за исключением случаев экспорта электрической энергии, –
влечет штраф на юридических лиц в размере ста процентов от суммы дохода
(выручки), полученного в результате совершения административного правонарушения.
3. Незаконное приобретение (покупка) энергопроизводящей организацией
электрической энергии у другой энергопроизводящей организации –
влечет штраф на юридических лиц в размере ста процентов от суммы оплаты за
электрическую энергию, приобретенную (купленную) в результате совершения
административного правонарушения.
4. Незаконная реализация (продажа) энергоснабжающей организацией
электрической энергии другой энергоснабжающей организации, а равно ее незаконное
приобретение (покупка) у другой энергоснабжающей организации –
влекут штраф на юридических лиц в размере ста процентов от суммы оплаты за
электрическую энергию, реализованную (проданную), равно как и приобретенную
(купленную) в результате совершения административного правонарушения.
Примечания.
1. Под доходом (выручкой), полученным в результате совершения
административного правонарушения, понимается:
1) по части первой настоящей статьи: разница между доходом (выручкой),
полученным энергопроизводящей организацией, за исключением случаев, предусмотренных
настоящей статьей, и доходом (выручкой), рассчитанным соответственно по
предельному, расчетному, индивидуальному тарифам электрической энергии;
2) по частям второй, третьей и четвертой настоящей статьи: весь доход
(выручка), полученный в результате нарушения запрета на реализацию (продажу)
электрической энергии, установленного законодательством Республики Казахстан об
электроэнергетике.
2. В состав дохода (выручки) следует включать и стоимость реализованной
(проданной) электрической энергии, но не оплаченной ко дню составления протокола об
административном правонарушении.
Статья 166. Нарушение обязанностей субъектами
регулируемого рынка
1. Непредоставление субъектом регулируемого рынка информации об отпускных
ценах с приложением обосновывающих материалов, подтверждающих уровень цены,
финансовой отчетности в соответствии с законодательством Республики Казахстан о
бухгалтерском учете и финансовой отчетности, а также информации об объемах
производства (реализации), уровне доходности и отпускных ценах монопольно
производимых (реализуемых) товаров (работ, услуг) в сроки,
установленные законодательством Республики Казахстан о естественных монополиях и
регулируемых рынках, а равно предоставление недостоверной и (или) неполной
информации в уполномоченный орган, осуществляющий руководство в сферах естественных
монополий и на регулируемых рынках, –
влекут штраф на субъектов малого предпринимательства в размере трехсот, на
субъектов среднего предпринимательства – в размере четырехсот, на субъектов
крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.
2. Неисполнение субъектами регулируемого рынка инвестиционных программ
(проектов), учтенных в предельных ценах, –
влечет штраф на субъектов малого предпринимательства, на субъектов среднего
предпринимательства, на субъектов крупного предпринимательства – в размере десяти
процентов от сумм, не использованных на реализацию инвестиционных программ
(проектов).
3. Неисполнение субъектами регулируемого рынка обязанности по возврату
дохода (выручки), полученного и не использованного на реализацию инвестиционных
программ (проектов), учтенных в предельных ценах, потребителям либо в случае
невозможности установления полного перечня потребителей путем снижения уровня
предельной цены на предстоящий период в соответствии с порядком ценообразования –
влечет штраф на субъектов малого предпринимательства – в размере шестидесяти
пяти, на субъектов среднего предпринимательства – в размере восьмидесяти, на
субъектов крупного предпринимательства – в размере ста процентов от суммы дохода
(выручки), полученного в результате совершения административного правонарушения.
4. Неисполнение субъектами регулируемого рынка обязанности по возврату
дохода (выручки), полученного в результате необоснованного превышения предельной
цены, потребителям либо в случае невозможности установления полного перечня
потребителей путем снижения уровня предельной цены на предстоящий период в
соответствии с порядком ценообразования –
влечет штраф на субъектов малого предпринимательства в размере шестидесяти
пяти, на субъектов среднего предпринимательства – в размере восьмидесяти, на
субъектов крупного предпринимательства – в размере ста процентов от суммы дохода
(выручки), полученного в результате совершения административного правонарушения.
5. Повышение цены и реализация товаров (работ, услуг) субъектом
регулируемого рынка без представления в уполномоченный орган, осуществляющий
руководство в сферах естественных монополий и на регулируемых рынках, уведомления о
предстоящем повышении цены в установленные законодательством Республики Казахстан
сроки, а равно неснижение действующей или проектируемой цены до уровня цены,
определенного уполномоченным органом, осуществляющим руководство в сферах
естественных монополий и на регулируемых рынках, в порядке, установленном
законодательством Республики Казахстан о естественных монополиях и регулируемых
рынках, –
влекут штраф на субъектов малого предпринимательства, на субъектов среднего
предпринимательства, на субъектов крупного предпринимательства – в размере десяти
процентов от дохода (выручки), полученного в результате совершения
административного правонарушения.
Примечания.
1. Под доходом (выручкой), полученным в результате совершения
административного правонарушения, понимается:
1) по части третьей настоящей статьи: разница между доходом (выручкой),
полученным субъектом регулируемого рынка для реализации инвестиционных программ
(проектов) за счет применения предельной цены, и доходом (выручкой), использованным
на реализацию инвестиционных программ (проектов);
2) по части четвертой настоящей статьи: разница между доходом (выручкой),
полученным субъектом регулируемого рынка, и доходом (выручкой), сформированным
исходя из уровня предельной цены;
3) по части второй настоящей статьи: разница между доходом (выручкой),
полученным субъектом регулируемого рынка, и доходом (выручкой), рассчитанным по
цене, действовавшей до повышения, либо по цене, уровень которой определен
уполномоченным органом, осуществляющим руководство в сферах естественных монополий
и на регулируемых рынках.
2. В состав дохода (выручки) следует включать и стоимость проданного товара
(работ, услуг), но не оплаченного на день составления протокола об административном
правонарушении.
Статья 167. Несоблюдение субъектом регулируемого рынка
порядка ценообразования
Несоблюдение субъектом регулируемого рынка порядка ценообразования,
установленного уполномоченным органом, осуществляющим руководство в сферах
естественных монополий и на регулируемых рынках, –
влечет штраф на субъектов малого предпринимательства в размере трехсот, на
субъектов среднего предпринимательства – в размере четырехсот, на субъектов
крупного предпринимательства – в размере двух тысяч месячных расчетных показателей.
Сноска. Статья 167 с изменениями, внесенными Законом РК от 05.05.2015 № 312-V
(вводится в действие по истечении десяти календарных дней после дня его первого
официального опубликования).
Статья 168. Неисполнение энергопроизводящей организацией
инвестиционной программы
Неисполнение энергопроизводящей организацией внесенного уполномоченным
органом, осуществляющим руководство в сферах естественных монополий и на
регулируемых рынках, предписания об исполнении инвестиционной программы –
влечет штраф в размере десяти процентов от сумм, полученных от потребителей и
не использованных в целях реализации инвестиционной программы.
Статья 169. Нарушение законодательства Республики
Казахстан о государственном регулировании
производства и оборота биотоплива
1. Превышение норм квоты производителями биотоплива на приобретение пищевого
сырья для последующей его переработки в биотопливо –
влечет штраф на субъектов малого предпринимательства в размере двухсот
пятидесяти, на субъектов среднего предпринимательства – в размере трехсот сорока,
на субъектов крупного предпринимательства – в размере тысячи пятисот семидесяти
месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере трехсот, на
субъектов среднего предпринимательства – в размере трехсот девяноста, на субъектов
крупного предпринимательства – в размере тысячи восьмисот двадцати месячных
расчетных показателей, с конфискацией продукции, произведенной из пищевого сырья в
размере превышенной квоты, и приостановлением деятельности по производству
биотоплива на срок до трех месяцев.
3. Использование в качестве пищевого сырья пшеницы 1 и 2 классов при
производстве биотоплива –
влечет штраф на субъектов малого предпринимательства в размере ста, на
субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного
предпринимательства – в размере семисот пятидесяти месячных расчетных показателей.
4. Реализация биотоплива, состав которого не соответствует составу,
установленному техническими регламентами, –
влечет штраф на субъектов малого предпринимательства в размере двухсот, на
субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного
предпринимательства – в размере семисот пятидесяти месячных расчетных показателей.
5. Производство оборота неденатурированного биоэтанола, за исключением
случаев его поставки на завод по производству биотоплива или на
нефтеперерабатывающий завод для переработки в другие виды биотоплива, –
влечет штраф на субъектов малого предпринимательства в размере двухсот, на
субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного
предпринимательства – в размере семисот пятидесяти месячных расчетных показателей.
6. Осуществление производства биотоплива двумя и более производителями
биотоплива на одном и том же заводе по производству биотоплива –
влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на
субъектов среднего предпринимательства – в размере ста, на субъектов крупного
предпринимательства – в размере семисот пятидесяти месячных расчетных показателей.
7. Производство биотоплива производителями биотоплива без паспорта
производства, без контрольных приборов учета объемов производства биотоплива либо
во время их неисправности –
влечет штраф на субъектов малого предпринимательства в размере ста десяти, на
субъектов среднего предпринимательства – в размере двухсот двадцати, на субъектов
крупного предпринимательства – в размере семисот тридцати месячных расчетных
показателей, с конфискацией продукции, произведенной в этот период.
8. Прием производителями биотоплива пищевого сырья, являющегося генетически
модифицированным источником (объектом) или содержащего генетически модифицированные
источники (объекты) без научно обоснованного подтверждения их безопасности и
проведения их государственной регистрации, –
влечет штраф на субъектов малого предпринимательства в размере ста двадцати
пяти, на субъектов среднего предпринимательства – в размере двухсот пятидесяти, на
субъектов крупного предпринимательства – в размере девятисот сорока месячных
расчетных показателей.
9. Реализация биотоплива производителями биотоплива без оформления
сопроводительных накладных –
влечет штраф на субъектов малого предпринимательства в размере ста тридцати
пяти, на субъектов среднего предпринимательства – в размере двухсот семидесяти, на
субъектов крупного предпринимательства – в размере семисот десяти месячных
расчетных показателей.
10. Реализация биотоплива производителями биотоплива лицам, не
осуществляющим производство биотоплива и (или) не имеющим лицензию на
компаундирование нефтепродуктов, за исключением экспорта биотоплива при наличии
соответствующих документов, –
влечет штраф на субъектов малого предпринимательства в размере ста
пятидесяти, на субъектов среднего предпринимательства – в размере трехсот, на
субъектов крупного предпринимательства – в размере девятисот девяноста месячных
расчетных показателей, с конфискацией биотоплива в объеме, равном реализованной
партии.
11. Отпуск произведенного биотоплива производителями биотоплива для его
хранения лицам, не являющимся участниками биотопливного рынка, за исключением
экспорта биотоплива при наличии соответствующих документов, –
влечет штраф на субъектов малого предпринимательства в размере ста десяти, на
субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного
предпринимательства – в размере шестисот шестидесяти месячных расчетных
показателей, с конфискацией биотоплива в объеме, равном реализованной партии.
12. Хранение биотоплива лицами, не являющимися участниками биотопливного
рынка и (или) не имеющими лицензию на компаундирование нефтепродуктов, за
исключением экспорта биотоплива при наличии соответствующих документов, –
влечет штраф на субъектов малого предпринимательства в размере ста тридцати
пяти, на субъектов среднего предпринимательства – в размере ста семидесяти, на
субъектов крупного предпринимательства – в размере двухсот шестидесяти месячных
расчетных показателей, с конфискацией биотоплива в объеме, равном реализованной
партии.
13. Действия, предусмотренные частями седьмой, восьмой, девятой, десятой,
одиннадцатой настоящей статьи, совершенные повторно в течение года после наложения
административного взыскания, –
влекут штраф на субъектов малого предпринимательства в размере двухсот, на
субъектов среднего предпринимательства – в размере четырехсот, на субъектов
крупного предпринимательства – в размере тысячи трехсот месячных расчетных
показателей, с конфискацией биотоплива в соответствующем объеме.
14. Действие, предусмотренное частью двенадцатой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере ста двадцати,
на субъектов среднего предпринимательства – в размере двухсот сорока, на субъектов
крупного предпринимательства – в размере четырехсот тридцати месячных расчетных
показателей.
Статья 170. Нарушение требований законодательства
Республики Казахстан о газе и газоснабжении
1. Непредставление субъектом систем газоснабжения сведений по производству,
транспортировке (перевозке), хранению и реализации товарного, сжиженного нефтяного
и (или) сжиженного природного газа, а равно представление сведений с нарушением
установленных сроков –
влекут штраф на субъектов малого предпринимательства в размере двадцати пяти,
на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов
крупного предпринимательства – в размере ста месячных расчетных показателей.
2. Несоблюдение ограничений по эксплуатации объектов систем газоснабжения,
установленных законодательством Республики Казахстан о газе и газоснабжении, –
влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на
субъектов среднего предпринимательства – в размере ста, на субъектов крупного
предпринимательства – в размере трехсот месячных расчетных показателей.
3. Нарушение порядка учета и (или) реализации товарного и (или) сжиженного
нефтяного газа, установленного законодательством Республики Казахстан о газе и
газоснабжении, –
влечет штраф на субъектов малого предпринимательства в размере семидесяти
пяти, на субъектов среднего предпринимательства – в размере ста пятидесяти, на
субъектов крупного предпринимательства – в размере семисот месячных расчетных
показателей.
4. Нарушение недропользователем преимущественного права государства на
приобретение сырого и (или) товарного газа –
влечет штраф на юридических лиц в размере одной тысячи месячных расчетных
показателей.
5. Нарушение собственником объекта систем газоснабжения приоритетного права
государства на приобретение объектов единой системы снабжения товарным газом, долей
в праве общей собственности на объекты единой системы снабжения товарным газом и
(или) пакетов акций (долей участия) юридических лиц-собственников объектов единой
системы снабжения товарным газом –
влечет штраф на юридических лиц в размере тысячи месячных расчетных
показателей.
6. Несоблюдение субъектами единой системы снабжения товарным газом
установленных технологических режимов эксплуатации объектов единой системы
снабжения товарным газом –
влечет штраф на субъектов малого предпринимательства в размере ста, на
субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного
предпринимательства – в размере тысячи пятисот месячных расчетных показателей.
7. Действие, предусмотренное частью третьей настоящей статьи, повлекшее
получение дохода (выручки), –
влечет штраф на юридических лиц – в размере тридцати процентов от дохода
(выручки), полученного в результате совершения административного правонарушения, с
приостановлением действия либо лишением свидетельства об аккредитации.
8. Нарушение правил аккредитации газосетевых организаций –
влечет штраф на субъектов среднего предпринимательства в размере двухсот, на
субъектов крупного предпринимательства – в размере пятисот месячных расчетных
показателей, с приостановлением действия свидетельства об аккредитации.
9. Предоставление заявителем заведомо недостоверной информации при получении
свидетельства об аккредитации, а равно действия (бездействие), предусмотренные
частью седьмой настоящей статьи, совершенные повторно в течение года после
наложения административного взыскания, а также неустранение нарушений правил
аккредитации, повлекших привлечение к административной ответственности, по
истечении срока приостановления действия свидетельства об аккредитации –
влекут штраф на субъектов среднего предпринимательства – в размере двухсот,
на субъектов крупного предпринимательства – в размере пятисот месячных расчетных
показателей, с лишением свидетельства об аккредитации.
Примечание. Под доходом (выручкой), полученным в результате совершения
административного правонарушения, понимается разница между доходом (выручкой),
полученным лицом, совершившим административное правонарушение, и доходом
(выручкой), который это лицо должно было получить при соблюдении законодательства
Республики Казахстан.
Статья 171. Превышение предельных цен реализации
нефтепродуктов, товарного и сжиженного
нефтяного газа, на которые установлено
государственное регулирование цен
1. Превышение розничными реализаторами нефтепродуктов предельной цены
розничной реализации нефтепродуктов, установленной в соответствии
с законодательством Республики Казахстан о государственном регулировании
производства и оборота отдельных видов нефтепродуктов, –
влечет штраф на субъектов малого предпринимательства в размере ста, на
субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного
предпринимательства – в размере одной тысячи месячных расчетных показателей.
2. Превышение лицами, осуществляющими оптовую реализацию товарного или
сжиженного нефтяного газа, предельных цен оптовой реализации, установленных в
соответствии с законодательством Республики Казахстан о газе и газоснабжении, –
влечет штраф на субъектов малого предпринимательства в размере ста
пятидесяти, на субъектов среднего предпринимательства – в размере трехсот, на
субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных
показателей.
3. Действия, предусмотренные частями первой и второй настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф на юридических лиц в размере ста процентов от дохода (выручки),
полученного в результате совершения административного правонарушения, с
приостановлением действия либо лишением свидетельства об аккредитации.
Примечание. Под доходом (выручкой), полученным в результате совершения
административного правонарушения, понимается разница между доходом (выручкой),
полученным лицом, совершившим административное правонарушение, и доходом
(выручкой), который это лицо должно было получить при соблюдении законодательства
Республики Казахстан.
Статья 172. Нарушение законодательства Республики
Казахстан об электроэнергетике
1. Неопубликование, несвоевременное, недостоверное или неполное опубликование
энергопроизводящей организацией в средствах массовой информации сведений об объеме
и направлениях инвестиций либо исполнении инвестиционных обязательств,
предусмотренных законодательством Республики Казахстан об электроэнергетике, –
влекут штраф на субъектов среднего предпринимательства в размере ста
шестидесяти, на субъектов крупного предпринимательства – в размере восьмисот
месячных расчетных показателей.
2. Непредставление, несвоевременное, недостоверное или неполное представление
энергопроизводящей организацией отчетов по затратам на производство и реализацию
электрической энергии и по объемам производства и реализации электрической энергии,
предусмотренных законодательством Республики Казахстан об электроэнергетике, –
влекут штраф на субъектов среднего предпринимательства в размере трехсот
двадцати, на субъектов крупного предпринимательства – в размере тысячи шестисот
месячных расчетных показателей.
3. Непредоставление, несвоевременное, недостоверное или неполное
предоставление энергопроизводящей, энергопередающей организациями запрашиваемой
государственными органами информации, необходимой для осуществления их полномочий,
предусмотренных законодательством Республики Казахстан об электроэнергетике, -
влекут штраф на субъектов среднего предпринимательства в размере трехсот
двадцати, на субъектов крупного предпринимательства – в размере тысячи шестисот
месячных расчетных показателей.
4. Неисполнение энергопроизводящей организацией инвестиционных обязательств,
определенных соглашением, за исключением случаев, предусмотренных законодательством
Республики Казахстан об электроэнергетике, –
влечет штраф на субъектов среднего предпринимательства в размере пяти, на
субъектов крупного предпринимательства – в размере десяти процентов от сумм, не
использованных на реализацию инвестиционных обязательств, предусмотренных
соглашением.
5. Незаконные ограничение и (или) отключение электрической и (или) тепловой
энергии -
влекут штраф на субъектов малого предпринимательства в размере двадцати пяти,
на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов
крупного предпринимательства – в размере семидесяти пяти месячных расчетных
показателей.
6. Отказ энергоснабжающей организации от заключения индивидуального договора
энергоснабжения с потребителем –
влечет штраф на субъектов малого предпринимательства в размере двадцати пяти,
на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов
крупного предпринимательства – в размере семидесяти пяти месячных расчетных
показателей.
Сноска. Статья 172 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 173. Незаконное вмешательство должностных лиц в
предпринимательскую деятельность
Незаконное вмешательство должностных лиц государственных органов,
осуществляющих надзорные и контрольные функции, а также местных исполнительных
органов в деятельность индивидуальных предпринимателей, юридических лиц путем
издания незаконных актов и дачи незаконных поручений, препятствующих их
предпринимательской деятельности, –
влечет штраф в размере ста месячных расчетных показателей.
Статья 174. Подкуп участников и организаторов
профессиональных спортивных соревнований и
зрелищных коммерческих конкурсов
1. Подкуп спортсменов, спортивных судей, тренеров, руководителей команд и
других участников или организаторов профессиональных спортивных соревнований, а
равно организаторов или членов жюри зрелищных коммерческих конкурсов в целях
оказания влияния на результаты этих соревнований или конкурсов –
влечет штраф в размере двухсот месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере трехсот месячных расчетных показателей либо
административный арест до пятнадцати суток.
3. Незаконное получение спортсменами денег, ценных бумаг или иного имущества,
переданных им в целях оказания влияния на результаты соревнований, а равно
незаконное пользование спортсменами услугами имущественного характера,
предоставленными им в тех же целях, –
влекут штраф в размере четырехсот месячных расчетных показателей.
4. Незаконное получение денег, ценных бумаг или иного имущества, незаконное
пользование услугами имущественного характера спортивными судьями, тренерами,
руководителями команд и другими участниками или организаторами профессиональных
спортивных соревнований, а равно организаторами или членами жюри зрелищных
коммерческих конкурсов в целях, указанных в части третьей настоящей статьи, –
влекут штраф в размере четырехсот месячных расчетных показателей.
Статья 175. Нарушение порядка проведения проверки
субъектов частного предпринимательства
1. Нарушение порядка проведения проверки субъектов частного
предпринимательства, в том числе:
1) отсутствие оснований проведения проверки;
2) отсутствие акта о назначении проверки;
3) несоблюдение сроков уведомления о проведении проверки;
4) проверка выполнения требований, установленных законами Республики
Казахстан, указами Президента Республики Казахстан и постановлениями Правительства
Республики Казахстан, если такие требования не относятся к компетенции
государственного органа;
5) требование предоставления документов, информации, образцов продукции, проб
обследования объектов окружающей среды и объектов производственной среды, если они
не являются объектами проверки или не относятся к предмету проверки;
6) отбор образцов продукции, проб обследования объектов окружающей среды и
объектов производственной среды для проведения их исследований, испытаний,
измерений без оформления протоколов об отборе указанных образцов, проб по
установленной форме и (или) количеству, превышающему нормы, установленные
национальными стандартами, правилами отбора образцов, проб и методами их
исследований, испытаний, измерений, техническими регламентами или действующими до
дня их введения в действие иными нормативными техническими документами, правилами и
методами исследований, испытаний, измерений;
7) разглашение и (или) распространение информации, полученной в результате
проведения проверки и составляющей коммерческую или иную охраняемую законом тайну,
за исключением случаев, предусмотренных законодательством Республики Казахстан;
8) превышение установленных сроков проведения проверки;
9) проведение заведомо повторной проверки физического или юридического лица,
в отношении которого ранее проводилась проверка, по одному и тому же вопросу, за
один и тот же период, за исключением случаев, предусмотренных подпунктами 2), 4),
6), 7) и 8) пункта 7 статьи 16 Закона Республики Казахстан «О государственном
контроле и надзоре в Республике Казахстан»;
10) проведение мероприятий, носящих затратный характер, в целях
государственного контроля за счет субъектов частного предпринимательства;
11) нарушение временного интервала по отношению к предшествующей проверке при
назначении плановой проверки;
12) непредставление проверяемому субъекту акта проверки, –
влечет штраф на должностное лицо в размере двадцати месячных расчетных
показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на должностное лицо двадцати пяти месячных расчетных
показателей.
Статья 176. Неправомерные действия при реабилитации и
банкротстве
1. Сокрытие имущества или имущественных обязательств, сведений об
имуществе, его размере, месте нахождения либо иной информации об имуществе,
передача имущества в иное владение, отчуждение или уничтожение имущества, а равно
непредставление, сокрытие, уничтожение, фальсификация бухгалтерских и иных учетных
документов, отражающих экономическую деятельность, непринятие мер по их
восстановлению, если эти действия (бездействие) совершены при реабилитации или
банкротстве или в предвидении банкротства и не имеют признаков уголовно наказуемого
деяния, –
влекут штраф на субъектов малого предпринимательства в размере трехсот, на
субъектов среднего предпринимательства – в размере пятисот, на субъектов крупного
предпринимательства – в размере одной тысячи месячных расчетных показателей.
2. Неправомерное удовлетворение имущественных требований отдельных
кредиторов должностным лицом, собственником имущества должника или индивидуальным
предпринимателем, знающим о своей фактической несостоятельности (банкротстве), а
также лицом, наделенным функциями управления имуществом и делами несостоятельного
должника при процедуре банкротства или реабилитационной процедуре, заведомо в ущерб
другим кредиторам, а равно принятие такого удовлетворения кредитором, знающим об
отданном ему предпочтении несостоятельным должником в ущерб другим кредиторам, если
эти действия не причинили крупный ущерб, –
влекут штраф на субъектов малого предпринимательства в размере трехсот
пятидесяти, на субъектов среднего предпринимательства – в размере шестисот, на
субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных
показателей.
Статья 177. Нарушение законодательства Республики
Казахстан о реабилитации и банкротстве
временным управляющим
1. Неисполнение либо ненадлежащее исполнение обязанности представить в суд
заключение о финансовом положении должника –
влечет штраф в размере пятидесяти месячных расчетных показателей.
2. Неисполнение либо ненадлежащее исполнение обязанности провести
инвентаризацию имущественной массы банкрота и (или) представить отчет по
инвентаризации –
влечет штраф в размере пятидесяти месячных расчетных показателей.
3. Неисполнение либо ненадлежащее исполнение обязанности направить в
уполномоченный орган в области реабилитации и банкротства объявление о возбуждении
дела о банкротстве и порядке заявления требований кредиторами для размещения на его
интернет-ресурсе –
влечет штраф в размере пятнадцати месячных расчетных показателей.
4. Необеспечение контроля за активами должника в целях недопущения вывода
собственником имущества и активов должника, учредителями (участниками) в период
судебного разбирательства –
влечет штраф в размере пятидесяти месячных расчетных показателей.
5. Неисполнение либо ненадлежащее исполнение обязанности предоставлять в
уполномоченный орган в области реабилитации и банкротства информацию о ходе
осуществления процедуры банкротства установленной формы –
влечет штраф в размере пятнадцати месячных расчетных показателей.
6. Несвоевременное уведомление кредиторов о решении, принятом по результатам
рассмотрения требований, заявленных в соответствии с законодательством Республики
Казахстан о реабилитации и банкротстве, –
влечет штраф в размере пятнадцати месячных расчетных показателей.
7. Неисполнение либо ненадлежащее исполнение обязанности по уведомлению
кредиторов о дате, времени и месте проведения собрания кредиторов –
влечет штраф в размере пятнадцати месячных расчетных показателей.
8. Нарушение установленного законодательством Республики Казахстан о
реабилитации и банкротстве порядка размещения информационного сообщения о
проведении электронного аукциона –
влечет штраф в размере пятнадцати месячных расчетных показателей.
9. Неисполнение либо ненадлежащее исполнение обязанности принять
учредительные, финансовые, правоустанавливающие и иные документы и печати должника
от его отстраненных должностных лиц, а равно обратиться в суд с заявлением о выдаче
исполнительного листа по исполнению решения суда в части передачи отстраненными
должностными лицами временному управляющему указанных документов и печатей –
влечет штраф в размере пятнадцати месячных расчетных показателей.
10. Неисполнение либо ненадлежащее исполнение обязанности передать
учредительные документы, учетную документацию, печати, штампы, материальные и иные
ценности должника при передаче полномочий от временного управляющего к банкротному
управляющему или должнику, замене временного управляющего, в случае вынесения судом
определения о приостановлении или прекращении производства по делу, решения об
отказе в признании должника банкротом либо отмены решения суда о признании должника
банкротом, а также возложения проведения ликвидации без возбуждения процедуры
банкротства на уполномоченный орган в области реабилитации и банкротства –
влечет штраф в размере пятнадцати месячных расчетных показателей.
11. Неисполнение либо ненадлежащее исполнение обязанности по предоставлению
информации на основании письменного запроса кредитора и собственника имущества
должника –
влечет штраф в размере тридцати месячных расчетных показателей.
12. Неисполнение либо ненадлежащее исполнение обязанности по формированию
реестра требований кредиторов –
влечет штраф в размере пятидесяти месячных расчетных показателей.
13. Неисполнение либо ненадлежащее исполнение обязанности по рассмотрению
заявления должника о согласовании сделок вне рамок обычных коммерческих операций –
влечет штраф в размере пятидесяти месячных расчетных показателей.
14. Осуществление продажи скоропортящегося имущества банкрота без
согласования с уполномоченным органом в области реабилитации и банкротства –
влечет штраф в размере пятидесяти месячных расчетных показателей.
15. Действия (бездействие), предусмотренные частями первой – четырнадцатой
настоящей статьи, совершенные повторно в течение года после наложения
административного взыскания, –
влекут штраф в размере ста месячных расчетных показателей.
Статья 178. Нарушение установленного порядка проведения
публичных торгов, аукционов и конкурсов
Нарушение установленного порядка проведения публичных торгов, аукционов или
конкурсов, причинившее крупный ущерб собственнику имущества, организатору торгов
или аукционов, покупателю или иному хозяйствующему субъекту, –
влечет штраф в размере ста пятидесяти месячных расчетных показателей.
Примечание. Крупным ущербом в настоящей статье признается ущерб, причиненный
физическому лицу на сумму, в сто раз превышающую месячный расчетный показатель,
либо ущерб, причиненный организации или государству на сумму, в пятьсот раз
превышающую месячный расчетный показатель.
Статья 179. Нарушение законодательства Республики
Казахстан о реабилитации и банкротстве
банкротным управляющим
1. Неисполнение либо ненадлежащее исполнение обязанности провести
инвентаризацию и (или) представить отчет по инвентаризации собранию кредиторов –
влечет штраф в размере пятидесяти месячных расчетных показателей.
2. Неисполнение либо ненадлежащее исполнение обязанности по обеспечению
охраны и контроля за имуществом банкрота –
влечет штраф в размере пятидесяти месячных расчетных показателей.
3. Неисполнение либо ненадлежащее исполнение обязанности предъявления
требований о взыскании задолженности с лиц, имеющих задолженность перед банкротом,
в судебном порядке, за исключением случаев, установленных законодательством
Республики Казахстан о реабилитации и банкротстве, –
влечет штраф в размере пятнадцати месячных расчетных показателей.
4. Неисполнение либо ненадлежащее исполнение обязанности по предоставлению в
уполномоченный орган в области реабилитации и банкротства текущей информации о ходе
осуществления процедуры банкротства –
влечет штраф в размере пятнадцати месячных расчетных показателей.
5. Неуведомление либо ненадлежащее уведомление кредитора о дате, времени и
месте проведения собрания кредиторов в процедуре банкротства –
влечет штраф в размере пятнадцати месячных расчетных показателей.
6. Нарушение установленного законодательством Республики Казахстан о
реабилитации и банкротстве порядка размещения информационного сообщения о
проведении электронного аукциона –
влечет штраф в размере пятнадцати месячных расчетных показателей.
7. Нарушение порядка составления плана продаж либо продажа имущества
должника с нарушением плана продажи имущества (активов) банкрота –
влечет штраф в размере пятнадцати месячных расчетных показателей.
8. Неисполнение либо ненадлежащее исполнение обязанности по осуществлению
расчетов с кредиторами после принятия собранием кредиторов решения о переходе к
расчетам, а равно проведение расчетов с кредиторами с нарушением установленного
порядка удовлетворения требований кредиторов –
влекут штраф в размере пятнадцати месячных расчетных показателей.
9. Несообщение информации в правоохранительные органы в случаях обнаружения
признаков преднамеренного и (или) ложного банкротства –
влечет штраф в размере пятидесяти месячных расчетных показателей.
10. Неисполнение либо ненадлежащее исполнение обязанностей по выявлению
сделок, совершенных должником или уполномоченным им лицом с нарушением требований,
предусмотренных гражданским законодательством Республики Казахстан и Законом
Республики Казахстан «О реабилитации и банкротстве», и непредъявление требований о
признании их недействительными либо возврате имущества в судебном порядке в
имущественную массу банкрота –
влекут штраф в размере пятидесяти месячных расчетных показателей.
11. Перерасход либо нецелевое использование денег, предусмотренных сметой
административных расходов, –
влечет штраф в размере пятнадцати месячных расчетных показателей.
12. Неисполнение либо ненадлежащее исполнение обязанности передать вновь
назначенному банкротному управляющему или должнику учредительные документы, учетную
документацию, печати, штампы, материальные и иные ценности должника при отстранении
(освобождении) банкротного управляющего или отмене решения суда о признании
должника банкротом –
влечет штраф в размере пятнадцати месячных расчетных показателей.
13. Непредставление, несвоевременное представление либо представление
несоответствующего требованиям законодательства Республики Казахстан о реабилитации
и банкротстве заключительного отчета в суд –
влекут штраф в размере пятнадцати месячных расчетных показателей.
14. Неисполнение либо ненадлежащее исполнение обязанности по предоставлению
уполномоченному органу в области реабилитации и банкротства запрашиваемой
информации с приложением подтверждающих документов –
влечет штраф в размере пятнадцати месячных расчетных показателей.
15. Несообщение либо несвоевременное сообщение кредитору о ходе
осуществления процедуры банкротства на основании его письменного запроса –
влечет штраф в размере пятнадцати месячных расчетных показателей.
16. Несвоевременное заявление кредитору о зачете требований на основании
решения комитета кредиторов –
влечет штраф в размере пятнадцати месячных расчетных показателей.
17. Неисполнение либо ненадлежащее исполнение обязанности по истребованию от
государственных органов, физических и юридических лиц информации о банкроте,
принадлежащем (принадлежавшем) ему имуществе и копий подтверждающих документов –
влечет штраф в размере пятнадцати месячных расчетных показателей.
18. Непредъявление требований в суд о взыскании (возмещении) ущерба
(субсидиарной ответственности) в случае установления вины должностных лиц должника
–
влечет штраф в размере пятидесяти месячных расчетных показателей.
19. Неисполнение либо ненадлежащее исполнение обязанностей по представлению
комитету кредиторов копии судебного акта, затрагивающего интересы банкрота и его
кредиторов для рассмотрения вопроса его обжалования, если иное не установлено
соглашением с банкротным управляющим, –
влечет штраф в размере пятнадцати месячных расчетных показателей.
20. Неисполнение либо ненадлежащее исполнение обязанностей по принятию от
временного управляющего учредительных, финансовых и правоустанавливающих документов
на имущество банкрота, печати и имущества банкрота –
влечет штраф в размере пятидесяти месячных расчетных показателей.
21. Несвоевременное закрытие банковского счета банкрота, сдача в орган
государственных доходов бланков свидетельства налогоплательщика и свидетельства о
постановке на учет по налогу на добавленную стоимость (при их наличии), уничтожение
печати банкрота –
влекут штраф в размере пятнадцати месячных расчетных показателей.
22. Действия (бездействие), предусмотренные частями первой – двадцать первой
настоящей статьи, совершенные повторно в течение года после наложения
административного взыскания, –
влекут штраф в размере ста месячных расчетных показателей.
Статья 180. Нарушение законодательства Республики
Казахстан о реабилитации и банкротстве
временным администратором
1. Неисполнение либо ненадлежащее исполнение обязанности направить в
уполномоченный орган в области реабилитации и банкротства объявления о применении
реабилитационной процедуры и порядке заявления требований кредиторами для
размещения на его интернет-ресурсе –
влечет штраф в размере пятнадцати месячных расчетных показателей.
2. Нарушение установленного законодательством Республики Казахстан о
реабилитации и банкротстве порядка формирования реестра требований кредиторов –
влечет штраф в размере пятидесяти месячных расчетных показателей.
3. Неисполнение либо ненадлежащее исполнение обязанности направить в суд
заключения об эффективности плана реабилитации –
влечет штраф в размере пятнадцати месячных расчетных показателей.
4. Неисполнение либо ненадлежащее исполнение обязанности рассмотреть в
течение пяти рабочих дней заявление должника о согласовании сделки вне рамок
обычных коммерческих операций –
влечет штраф в размере пятидесяти месячных расчетных показателей.
5. Неисполнение либо ненадлежащее исполнение обязанности предоставить
уполномоченному органу в области реабилитации и банкротства запрашиваемую
информацию с приложением подтверждающих документов –
влечет штраф в размере пятнадцати месячных расчетных показателей.
6. Неисполнение либо ненадлежащее исполнение обязанности рассмотреть
требования кредиторов и довести до них результаты рассмотрения –
влечет штраф в размере пятнадцати месячных расчетных показателей.
7. Неисполнение либо ненадлежащее исполнение обязанности уведомить кредиторов
о месте и дате проведения собрания кредиторов –
влечет штраф в размере пятнадцати месячных расчетных показателей.
8. Неисполнение либо ненадлежащее исполнение обязанности подать в суд
заявление о прекращении реабилитационной процедуры в случае несогласования
кредиторами плана реабилитации и (или) непредставления в суд плана реабилитации в
срок, установленный Законом Республики Казахстан «О реабилитации и банкротстве», –
влечет штраф в размере пятнадцати месячных расчетных показателей.
9. Действия (бездействие), предусмотренные частями первой – восьмой
настоящей статьи, совершенные повторно в течение года после наложения
административного взыскания, –
влекут штраф в размере ста месячных расчетных показателей.
Статья 181. Нарушение законодательства Республики
Казахстан о реабилитации и банкротстве
реабилитационным управляющим
1. Нарушение установленного законодательством Республики Казахстан о
реабилитации и банкротстве порядка размещения информационного сообщения о
проведении электронного аукциона –
влечет штраф в размере пятнадцати месячных расчетных показателей.
2. Неисполнение условий соглашения, заключенного с комитетом кредиторов в
реабилитационной процедуре, –
влечет штраф в размере пятнадцати месячных расчетных показателей.
3. Неисполнение либо ненадлежащее исполнение обязанности по принятию
имущества должника в управление и обеспечению его охраны –
влечет штраф в размере пятнадцати месячных расчетных показателей.
4. Неисполнение либо ненадлежащее исполнение плана реабилитации -
влечет штраф в размере пятидесяти месячных расчетных показателей.
5. Неисполнение либо ненадлежащее исполнение обязанности по предоставлению в
уполномоченный орган в области реабилитации и банкротства текущей информации о ходе
осуществления реабилитационной процедуры с приложением копий документов –
влечет штраф в размере пятнадцати месячных расчетных показателей.
6. Неуведомление либо ненадлежащее уведомление кредитора о дате, времени и
месте проведения собрания кредиторов в реабилитационной процедуре –
влечет штраф в размере пятнадцати месячных расчетных показателей.
7. Неисполнение либо ненадлежащее исполнение обязанности передать
назначенному реабилитационному управляющему учредительные, финансовые,
правоустанавливающие и иные документы и печати должника при отстранении
(освобождении) или замене реабилитационного управляющего –
влечет штраф в размере пятидесяти месячных расчетных показателей.
8. Совершение сделок вне рамок обычных коммерческих операций, не
предусмотренных планом реабилитации, в реабилитационной процедуре без согласия
собрания кредиторов –
влечет штраф в размере пятидесяти месячных расчетных показателей.
9. Непредставление, несвоевременное представление либо представление не
соответствующего требованиям законодательства Республики Казахстан о реабилитации и
банкротстве заключительного отчета в суд –
влекут штраф в размере пятнадцати месячных расчетных показателей.
10. Неисполнение либо ненадлежащее исполнение обязанности по выявлению
наличия (отсутствия) признаков преднамеренного доведения должника до
неплатежеспособности и направлению заявления в правоохранительные органы при
наличии признаков для принятия процессуального решения –
влечет штраф в размере пятидесяти месячных расчетных показателей.
11. Неисполнение либо ненадлежащее исполнение обязанности по предоставлению
информации о ходе осуществления деятельности кредитору должника на основании его
письменного запроса –
влечет штраф в размере тридцати месячных расчетных показателей.
12. Неисполнение либо ненадлежащее исполнение обязанности по предоставлению
уполномоченному органу в области реабилитации и банкротства запрашиваемой
информации с приложением подтверждающих документов –
влечет штраф в размере тридцати месячных расчетных показателей.
13. Неисполнение либо ненадлежащее исполнение обязанности по направлению в
суд ходатайства о внесении изменений и дополнений в план реабилитации –
влечет штраф в размере тридцати месячных расчетных показателей.
14. Несвоевременное обращение в суд о приостановлении реабилитационной
процедуры –
влечет штраф в размере тридцати месячных расчетных показателей.
15. Неисполнение либо ненадлежащее исполнение обязанности по доведению до
сведения членов комитета кредиторов информации о финансовом состоянии,
произведенных сделках в ходе обычных коммерческих операций комитету кредиторов –
влечет штраф в размере тридцати месячных расчетных показателей.
16. Неисполнение либо ненадлежащее исполнение обязанности по выявлению
сделок, совершенных должником или уполномоченным им лицом с нарушением требований,
предусмотренных гражданским законодательством Республики Казахстан и Законом
Республики Казахстан «О реабилитации и банкротстве», и непредъявление требований о
признании их недействительными либо возврате имущества в судебном порядке –
влекут штраф в размере пятидесяти месячных расчетных показателей.
17. Несогласование с собранием кредиторов действий, не предусмотренных
планом реабилитации, до их совершения –
влечет штраф в размере ста месячных расчетных показателей.
18. Совершение сделок, влекущих увеличение кредиторской задолженности, если
общая сумма кредиторской задолженности должника, возникшей после применения
реабилитационной процедуры, превышает двадцать процентов от общей суммы
кредиторской задолженности на момент введения реабилитационной процедуры без
одобрения собрания кредиторов –
влечет штраф в размере ста месячных расчетных показателей.
19. Действия (бездействие), предусмотренные частями первой – восемнадцатой
настоящей статьи, совершенные повторно в течение года после наложения
административного взыскания, –
влекут штраф в размере ста месячных расчетных показателей.
Статья 182. Преднамеренное банкротство
Преднамеренное банкротство, то есть умышленное создание или увеличение
неплатежеспособности, совершенное в результате действий (бездействия) учредителя
(участника), должностного лица, органов юридического лица, а равно индивидуальным
предпринимателем в личных интересах или в интересах иных лиц, если это деяние не
содержит признаков уголовного наказуемого деяния, –
влечет штраф на субъектов малого предпринимательства в размере трехсот, на
субъектов среднего предпринимательства – в размере пятисот, на субъектов крупного
предпринимательства – в размере восьмисот месячных расчетных показателей.
Статья 183. Ложное банкротство
Ложное банкротство, то есть заведомо ложное объявление учредителем
(участником), должностным лицом, органами юридического лица, а равно индивидуальным
предпринимателем о своей несостоятельности в целях введения в заблуждение
кредиторов для получения отсрочки или рассрочки причитающихся кредиторам платежей
или скидки с долгов, а равно для неуплаты долгов, если это деяние не содержит
признаков уголовно наказуемого деяния, –
влечет штраф на субъектов малого предпринимательства в размере трехсот, на
субъектов среднего предпринимательства – в размере четырехсот, на субъектов
крупного предпринимательства – в размере семисот месячных расчетных показателей.
Статья 184. Нарушение законодательства Республики
Казахстан об оценочной деятельности
1. Составление оценщиком недостоверного отчета об оценке имущества, а равно
осуществление оценки имущества в случаях, запрещенных законодательством Республики
Казахстан об оценочной деятельности, –
влекут штраф на субъектов малого предпринимательства или некоммерческие
организации в размере шестидесяти, на субъектов среднего предпринимательства – в
размере семидесяти, на субъектов крупного предпринимательства – в размере ста
двадцати месячных расчетных показателей, с приостановлением действия лицензии на
право осуществления оценочной деятельности.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на субъектов малого предпринимательства или некоммерческие
организации в размере восьмидесяти, на субъектов среднего предпринимательства – в
размере девяноста, на субъектов крупного предпринимательства – в размере ста
восьмидесяти месячных расчетных показателей, с лишением лицензии на право
осуществления оценочной деятельности.
Статья 185. Нарушение обязанности сохранения коммерческой,
банковской тайны, сведений кредитных отчетов
или информации из базы данных кредитных
историй кредитного бюро
Нарушение обязанности сохранения сведений, содержащих коммерческую,
банковскую тайну, сведений кредитных отчетов или информации, полученных из базы
данных кредитных историй кредитного бюро, без согласия их владельца лицом, которому
они стали известны в связи с профессиональной или служебной деятельностью, если это
действие не содержит признаков уголовно наказуемого деяния, –
влечет штраф в размере пятидесяти месячных расчетных показателей.
Примечания.
1. Лицо не несет ответственности в случае передачи сведений, составляющих
коммерческую, банковскую тайну, либо сведений кредитных отчетов или информации,
полученных из базы данных кредитных историй кредитного бюро, собственнику или
лицам, имеющим в соответствии с законодательными актами право получать такие
сведения, по их законному требованию.
2. Привлечение к административной ответственности за совершение деяния,
предусмотренного настоящей статьей, осуществляется по заявлению организаций,
собственника или индивидуального предпринимателя, которым причинен ущерб.
Статья 186. Нарушение обязанности сохранения тайны
страхования или пенсионных накоплений либо
тайны предоставления микрокредита
Нарушение обязанности сохранения сведений, содержащих тайну страхования или
пенсионных накоплений либо тайну предоставления микрокредита, без согласия их
владельца лицом, которому они стали известны в связи с профессиональной или
служебной деятельностью, –
влечет штраф в размере пятидесяти месячных расчетных показателей.
Статья 187. Нарушение законодательства Республики
Казахстан о туристской деятельности
1. Непредставление, несвоевременное или неполное представление лицами,
осуществляющими туристскую деятельность, туристам сведений об особенностях
путешествий, опасностях, с которыми они могут встретиться при совершении
путешествий, указанных в правилах предоставления туристских услуг, либо
неосуществление предупредительных мер, направленных на обеспечение безопасности
туристов, –
влекут штраф на субъектов малого предпринимательства в размере семнадцати, на
субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов
крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.
2. Оказание туристских услуг лицами, осуществляющими туристскую
деятельность, без заключения письменного договора на туристское обслуживание –
влечет штраф на субъектов малого предпринимательства в размере семнадцати, на
субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов
крупного предпринимательства – в размере пятидесяти месячных расчетных показателей,
с приостановлением действия лицензии.
3. Действия (бездействие), предусмотренные частями первой и второй настоящей
статьи, совершенные повторно в течение года после наложения административного
взыскания, –
влекут штраф на субъектов малого предпринимательства в размере тридцати пяти,
на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов
крупного предпринимательства – в размере ста месячных расчетных показателей, с
лишением лицензии.
4. Непредоставление или несвоевременное предоставление лицами,
осуществляющими туристскую деятельность, заинтересованным государственным органам и
семье туриста информации о чрезвычайных происшествиях с туристами во время
путешествий –
влечет штраф на субъектов малого предпринимательства в размере тридцати пяти,
на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов
крупного предпринимательства – в размере ста месячных расчетных показателей, с
приостановлением действия лицензии.
5. Действие (бездействие), предусмотренное частью четвертой настоящей
статьи, совершенное повторно в течение года после наложения административного
взыскания, –
влечет штраф на субъектов малого предпринимательства в размере семидесяти
пяти, на субъектов среднего предпринимательства – в размере ста, на субъектов
крупного предпринимательства – в размере ста пятидесяти месячных расчетных
показателей, с лишением лицензии.
Статья 188. Непредоставление или несвоевременное
предоставление информации о возбуждении в суде
дела по корпоративному спору
Непредоставление или несвоевременное предоставление информации о возбуждении
в суде дела по корпоративному спору в случае, если ее предоставление предусмотрено
законом, –
влечет штраф на юридических лиц в размере пятисот месячных расчетных
показателей.
Статья 189. Нарушение порядка и сроков рассмотрения
обращений физических и юридических лиц
1. Нарушение субъектом крупного предпринимательства порядка и сроков
рассмотрения обращений физических и юридических лиц,
установленных законодательством Республики Казахстан о порядке рассмотрения
обращений физических и юридических лиц, –
влечет штраф на юридических лиц в размере тридцати месячных расчетных
показателей.
2. То же действие (бездействие), совершенное повторно в течение года после
наложения административного взыскания, предусмотренного частью первой настоящей
статьи, –
влечет штраф на юридических лиц в размере шестидесяти месячных расчетных
показателей.
Глава 15. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ
ТОРГОВЛИ И ФИНАНСОВ Статья 190. Обман потребителей
1. Обмеривание, обвешивание, обсчет, введение в заблуждение относительно
потребительских свойств или качества товара (услуг) или иной обман потребителей
индивидуальными предпринимателями или организациями, осуществляющими торговую
деятельность и оказание услуг, –
влекут штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере двадцати, на субъектов среднего предпринимательства
– в размере тридцати, на субъектов крупного предпринимательства – в размере
пятидесяти месячных расчетных показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере тридцати, на субъектов малого
предпринимательства – в размере пятидесяти, на субъектов среднего
предпринимательства – в размере семидесяти пяти, на субъектов крупного
предпринимательства – в размере ста месячных расчетных показателей, с лишением
лицензии на определенный вид деятельности и приостановлением или запрещением
деятельности на срок до трех лет.
3. Действия, предусмотренные частью первой настоящей статьи, повлекшие
причинение значительного ущерба, –
влекут штраф на физических лиц в размере тридцати, на субъектов малого
предпринимательства – в размере пятидесяти, на субъектов среднего
предпринимательства – в размере семидесяти пяти, на субъектов крупного
предпринимательства – в размере ста месячных расчетных показателей, с лишением
лицензии на определенный вид деятельности либо приостановлением или запрещением
деятельности на срок до трех лет.
4. Действия, предусмотренные частью первой настоящей статьи, повлекшие
причинение крупного ущерба, –
влекут штраф на физических лиц в размере пятидесяти, на субъектов малого
предпринимательства – в размере семидесяти пяти, на субъектов среднего
предпринимательства – в размере ста, на субъектов крупного предпринимательства – в
размере двухсот месячных расчетных показателей, с лишением лицензии на определенный
вид деятельности либо приостановлением или запрещением деятельности на срок до трех
лет.
Примечание. Применительно к данной статье значительным размером ущерба
признается сумма, превышающая один месячный расчетный показатель, крупным размером
ущерба – сумма не менее трех месячных расчетных показателей.
Статья 191. Нарушение правил продажи оружия и патронов к
нему
1. Нарушение правил продажи гражданского и служебного оружия и патронов к
нему юридическими лицами, имеющими соответствующие лицензии, –
влечет штраф в размере пятидесяти месячных расчетных показателей с
приостановлением действия лицензии.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере восьмидесяти месячных расчетных показателей с лишением
лицензии.
Статья 192. Нарушение порядка продажи специальных
технических средств
Продажа специальных технических средств, предназначенных для проведения
специальных оперативно-розыскных мероприятий, лицам, не имеющим
соответствующего разрешения, кроме государственных органов, уполномоченных на
осуществление оперативно-розыскной деятельности, –
влечет штраф в размере сорока месячных расчетных показателей.
Статья 193. Нарушение законодательства Республики
Казахстан о регулировании торговой
деятельности
1. Непредоставление по просьбе покупателя необходимой информации о товаре,
его месте происхождения, изготовителях, потребительских свойствах, гарантийных
обязательствах и порядке предъявления претензий –
влечет предупреждение или штраф на физических лиц в размере двух, на
субъектов малого предпринимательства – в размере шести, на субъектов среднего
предпринимательства – в размере десяти, на субъектов крупного предпринимательства –
в размере тридцати месячных расчетных показателей.
2. Неправомерное использование официального документа, удостоверяющего
соответствие товаров требованиям безопасности, –
влечет штраф на физических лиц в размере семи, на субъектов малого
предпринимательства – в размере пятидесяти пяти, на субъектов среднего
предпринимательства – в размере ста, на субъектов крупного предпринимательства – в
размере ста пятидесяти месячных расчетных показателей, с конфискацией товаров либо
без таковой.
3. Совершение действий (бездействие), предусмотренных частями первой и
второй настоящей статьи, повторно в течение года после наложения административного
взыскания –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере шестидесяти пяти, на субъектов среднего
предпринимательства – в размере ста двадцати, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей, с
конфискацией товаров либо без таковой.
Статья 194. Отказ в принятии платежей с использованием
платежных карточек
1. Отказ в принятии платежей с использованием платежных карточек
индивидуальным предпринимателем или юридическим лицом, обязанным принимать их при
осуществлении торговой деятельности (выполнении работ, оказании услуг) на
территории Республики Казахстан, –
влечет предупреждение или штраф на субъектов малого предпринимательства в
размере двадцати, на субъектов среднего предпринимательства – в размере тридцати,
на субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных
показателей.
2. Деяние, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере сорока, на
субъектов среднего предпринимательства – в размере шестидесяти, на субъектов
крупного предпринимательства – в размере ста месячных расчетных показателей.
Статья 195. Отсутствие у индивидуального предпринимателя
или юридического лица оборудования
(устройства), предназначенного для
осуществления платежей с использованием
платежных карточек
1. Отсутствие у индивидуального предпринимателя или юридического лица,
обязанного принимать платежи с использованием платежных карточек, при
осуществлении торговой деятельности (выполнении работ, оказании услуг) на
территории Республики Казахстан, оборудования (устройства), предназначенного для
осуществления платежей с использованием платежных карточек, –
влечет предупреждение.
2. Деяние, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере сорока, на
субъектов среднего предпринимательства – в размере шестидесяти, на субъектов
крупного предпринимательства – в размере восьмидесяти месячных расчетных
показателей.
Статья 196. Незаконная торговля товарами или иными
предметами
Торговля товарами и иными предметами, свободная торговля которыми запрещена
или ограничена законодательством Республики Казахстан, –
влечет штраф в размере двадцати пяти месячных расчетных показателей.
Статья 197. Использование марки табачного изделия
1. Умышленное распространение, выставка, продажа любых товаров, имеющих на
себе марку табачного изделия, кроме самих табачных изделий или любой пачки,
упаковки, в которой табачное изделие продается или транспортируется, –
влекут штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере двадцати пяти, на субъектов среднего
предпринимательства – в размере сорока, на субъектов крупного предпринимательства –
в размере пятидесяти месячных расчетных показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства – в размере сорока, на субъектов среднего предпринимательства –
в размере семидесяти, на субъектов крупного предпринимательства – в размере ста
месячных расчетных показателей.
Статья 198. Нарушение требований законодательства об
информации о табаке и табачных изделиях
1. Нарушение требований законодательства об информации о табаке и табачных
изделиях –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере двадцати пяти, на субъектов среднего
предпринимательства – в размере сорока, на субъектов крупного предпринимательства –
в размере пятидесяти месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства – в размере сорока, на субъектов среднего предпринимательства –
в размере семидесяти, на субъектов крупного предпринимательства – в размере ста
месячных расчетных показателей.
Статья 199. Нарушение требований законодательства Республики
Казахстан по продаже табака и табачных изделий,
спонсорству табака, табачных изделий, а также по
производству, продаже и распространению товаров,
имитирующих табачные изделия
Сноска. Заголовок статьи 199 в редакции Закона РК от 06.04.2015 № 299-V
(вводится в действие по истечении десяти календарных дней после дня его первого
официального опубликования).
1. Нарушение требований законодательства Республики Казахстан по продаже
табака и табачных изделий, за исключением случая, предусмотренного статьей 133
настоящего Кодекса, –
влечет предупреждение или штраф на физических лиц в размере пяти, на
субъектов малого предпринимательства – в размере двадцати, на субъектов среднего
предпринимательства – в размере сорока, на субъектов крупного предпринимательства –
в размере шестидесяти месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере сорока, на субъектов среднего предпринимательства –
в размере семидесяти, на субъектов крупного предпринимательства – в размере
девяноста месячных расчетных показателей, с приостановлением деятельности или
отдельных видов деятельности.
3. Спонсорство табака, табачных изделий, а также производство, продажа,
распространение товаров, имитирующих табачные изделия, –
влекут штраф на физических лиц в размере трех, на субъектов малого
предпринимательства – в размере пяти, на субъектов среднего предпринимательства – в
размере восьми, на субъектов крупного предпринимательства – в размере двадцати
месячных расчетных показателей.
4. Действия, предусмотренные частью третьей настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства – в размере десяти, на субъектов среднего предпринимательства –
в размере пятнадцати, на субъектов крупного предпринимательства – в размере сорока
месячных расчетных показателей.
Сноска. Статья 199 с изменениями, внесенными Законом РК от 06.04.2015 № 299-
V (вводится в действие по истечении десяти календарных дней после дня его первого
официального опубликования).
Статья 200. Нарушение требований законодательства
Республики Казахстан по реализации алкогольной
продукции
1. Реализация алкогольной продукции лицам в возрасте до двадцати одного года
–
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере сорока, на субъектов среднего предпринимательства –
в размере восьмидесяти, на субъектов крупного предпринимательства – в размере ста
двадцати месячных расчетных показателей, с приостановлением действия лицензии на
соответствующий вид деятельности.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания,
– влечет штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства – в размере восьмидесяти, на субъектов среднего
предпринимательства – в размере ста сорока, на субъектов крупного
предпринимательства – в размере ста восьмидесяти месячных расчетных показателей, с
лишением лицензии на соответствующий вид деятельности.
3. Розничная реализация алкогольной продукции, за исключением реализации в
ресторанах, барах и кафе:
с 23 до 8 часов следующего дня;
с объемной долей этилового спирта свыше тридцати процентов с 21 до 12 часов
следующего дня -
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере сорока, на субъектов среднего предпринимательства –
в размере восьмидесяти, на субъектов крупного предпринимательства – в размере ста
двадцати месячных расчетных показателей, с приостановлением действия лицензии на
соответствующий вид деятельности.
4. Действие, предусмотренное частью третьей настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства – в размере восьмидесяти, на субъектов среднего
предпринимательства – в размере ста сорока, на субъектов крупного
предпринимательства – в размере ста восьмидесяти месячных расчетных показателей, с
лишением лицензии на соответствующий вид деятельности.
Сноска. Статья 200 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 201. Ограничение доступа товаров в торговые сети
или крупные торговые объекты
1. Ограничение субъектами торговой деятельности, осуществляющими деятельность
по продаже товаров посредством организации торговой сети или крупных торговых
объектов, доступа товаров в торговые сети или крупные торговые объекты,
выражающееся в необоснованном отказе от заключения договора о поставке товаров либо
в заключении договора, носящего заведомо дискриминационный характер и содержащего
условия о:
1) запрещении заключать субъекту торговой деятельности договоров поставки
товаров с другими субъектами торговой деятельности, осуществляющими аналогичную
деятельность, а также с другими субъектами торговой деятельности на аналогичных или
иных условиях;
2) требовании представления субъектом торговой деятельности, осуществляющим
поставки товаров, сведений о заключаемых договорах с другими субъектами торговой
деятельности, осуществляющими аналогичную деятельность, –
влечет штраф в размере ста месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере четырехсот месячных расчетных показателей.
Статья 202. Превышение размера предельно допустимых
розничных цен на социально значимые
продовольственные товары
1. Превышение субъектами торговой деятельности размера предельно допустимых
розничных цен на социально значимые продовольственные товары в соответствии
с законодательством Республики Казахстан о регулировании торговой деятельности –
влечет штраф в размере двухсот месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере четырехсот месячных расчетных показателей.
Статья 203. Продажа товаров без документов
1. Продажа товаров индивидуальными предпринимателями и организациями,
осуществляющими торговую деятельность, без документов, содержащих сведения о стране
происхождения, об изготовителе, поставщике или продавце либо достоверную и
достаточную информацию о товаре (услуге) на казахском и русском языках, за
исключением случаев, предусмотренных статьями 415 и 416 настоящего Кодекса, –
влечет штраф на субъектов малого предпринимательства в размере сорока пяти,
на субъектов среднего предпринимательства – в размере семидесяти, на субъектов
крупного предпринимательства – в размере ста пятидесяти месячных расчетных
показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере девяноста, на
субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов
крупного предпринимательства – в размере трехсот месячных расчетных показателей.
Статья 204. Торговля в неустановленных местах
1. Торговля вне мест, установленных местным исполнительным органом, –
влечет предупреждение или штраф в размере пяти месячных расчетных
показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере десяти месячных расчетных показателей.
Статья 205. Неполная и несвоевременная уплата неналоговых
платежей и поступлений от продажи основного
капитала в бюджет, за исключением поступлений
средств связанных грантов
Неполная и несвоевременная уплата неналоговых платежей и поступлений от
продажи основного капитала в бюджет, за исключением поступлений средств связанных
грантов, –
влечет штраф на физических лиц в размере семи, на субъектов малого
предпринимательства или некоммерческие организации – в размере ста двадцати, на
субъектов среднего предпринимательства – в размере двухсот пятидесяти, на субъектов
крупного предпринимательства – в размере шестисот пятидесяти месячных расчетных
показателей.
Статья 206. Отказ в приеме банкнот и монет национальной
валюты
1. Отказ в приеме по нарицательной стоимости банкнот и монет национальной
валюты, находящихся в обращении на территории Республики Казахстан, которые
являются законным средством платежа, кроме случаев, указанных в примечании к
настоящей статье, –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере пяти, на субъектов среднего предпринимательства – в размере
десяти, на субъектов крупного предпринимательства – в размере двадцати пяти
месячных расчетных показателей.
2. Отказ банками и организациями, осуществляющими отдельные виды банковских
операций, в приеме, размене и обмене банкнот и монет национальной валюты,
находящихся в обращении на территории Республики Казахстан и подлежащих приему по
всем видам платежей, кроме случаев, указанных в примечании к настоящей статье, –
влечет штраф в размере пятидесяти месячных расчетных показателей.
Примечание. Банкноты и монеты национальной валюты Республики Казахстан не
являются законным средством платежа в следующих случаях:
1) если имеются явные признаки подделки (фальшивые);
2) бракованные банкноты и монеты, имеющие явные признаки отклонения от
технических условий (несоответствие формата, надрывы, несоответствие нумерации,
наличие помарок, совмещение красок, совмещение и (или) расплывчатое изображение
чеканки и другое);
3) изъятые из денежного обращения, а также погашенные банкноты и рифленые
монеты;
4) банкноты, имеющие надпись «ОБРАЗЕЦ», «SPECIMEN», «ҮЛГІ».
Статья 207. Нарушение законодательства Республики
Казахстан о государственных закупках
1. Нарушение требований законодательства Республики Казахстан о
государственных закупках к конкурсной, аукционной документации либо в размещаемой
информации при осуществлении государственных закупок способом запроса ценовых
предложений, путем указания на характеристики, определяющие принадлежность
приобретаемых товаров, работ, услуг отдельным потенциальным поставщикам, за
исключением случаев, предусмотренных законодательством Республики Казахстан о
государственных закупках, –
влечет штраф на должностных лиц в размере пятидесяти месячных расчетных
показателей.
2. Несвоевременное направление текста внесенных изменений и (или) дополнений
в конкурсную либо аукционную документацию лицам, сведения о которых внесены в
журнал регистрации лиц, получивших конкурсную либо аукционную документацию, а равно
несвоевременное опубликование уточненной конкурсной либо аукционной документации –
влекут штраф на должностных лиц в размере тридцати месячных расчетных
показателей.
3. Отказ от осуществления государственных закупок в случаях, не
предусмотренных законодательством Республики Казахстан о государственных закупках,
–
влечет штраф на должностных лиц в размере ста месячных расчетных показателей.
4. Вскрытие конвертов с заявками на участие в конкурсе с нарушением срока,
времени и места, указанных в конкурсной документации, а также изменение даты,
времени и места вскрытия конвертов с заявками на участие в конкурсе без внесения
указанных изменений в конкурсную документацию –
влекут штраф на должностных лиц в размере пятидесяти месячных расчетных
показателей.
5. Направление запроса, а равно действия конкурсной комиссии, связанные с
дополнением заявки на участие в конкурсе недостающими документами, заменой
документов, представленных в заявке на участие в конкурсе, приведением в
соответствие ненадлежащим образом оформленных документов, –
влекут штраф на должностных лиц в размере ста месячных расчетных показателей.
6. Установление в конкурсной либо аукционной документации к потенциальным
поставщикам и (или) к привлекаемым ими субподрядчикам (соисполнителям)
квалификационных требований, не предусмотренных законодательством Республики
Казахстан о государственных закупках, –
влечет штраф на должностных лиц в размере ста месячных расчетных показателей.
7. Нарушение требований законодательства Республики Казахстан о
государственных закупках в части невключения в конкурсную документацию критериев,
влияющих на конкурсное ценовое предложение участников конкурса, –
влечет штраф на должностных лиц в размере пятидесяти месячных расчетных
показателей.
8. Нарушение требований законодательства Республики Казахстан о
государственных закупках в части неприменения к ценовым предложениям относительного
значения критериев, влияющих на конкурсное ценовое предложение участников конкурса,
–
влечет штраф на должностных лиц в размере пятидесяти месячных расчетных
показателей.
9. Необоснованное признание потенциального поставщика и (или) привлекаемых им
субподрядчиков (соисполнителей) несоответствующими квалификационным требованиям и
(или) требованиям конкурсной либо аукционной документации по основаниям, не
предусмотренным законодательством Республики Казахстан о государственных закупках,
–
влечет штраф на должностных лиц в размере ста месячных расчетных показателей.
10. Неразделение при осуществлении государственных закупок нескольких видов
однородных товаров, работ, услуг на лоты по их однородным видам и (или) по месту их
поставки (выполнения, оказания) –
влечет штраф на должностных лиц в размере пятидесяти месячных расчетных
показателей.
11. Вынесение экспертной комиссией либо составление экспертом заведомо
ложного экспертного заключения, на основании которого принято незаконное решение
конкурсной либо аукционной комиссией, –
влечет штраф в размере пятидесяти месячных расчетных показателей.
12. Необращение или несвоевременное обращение заказчика в суд с иском о
признании потенциальных поставщиков, поставщиков недобросовестными участниками
государственных закупок в случаях:
1) неисполнения либо ненадлежащего исполнения поставщиками своих обязательств
по заключенным с ними договорам о государственных закупках;
2) уклонения потенциальных поставщиков, определенных победителями, от
заключения договора о государственных закупках –
влечет штраф на должностных лиц в размере тридцати месячных расчетных
показателей.
13. Осуществление государственных закупок без применения норм
законодательства Республики Казахстан о государственных закупках, регламентирующих
выбор поставщика и заключение с ним договора о государственных закупках в случаях,
не предусмотренных законодательством Республики Казахстан о государственных
закупках, –
влечет штраф на должностных лиц в размере ста месячных расчетных показателей.
14. Действия (бездействие), предусмотренные частями первой, четвертой,
седьмой, восьмой и девятой настоящей статьи, совершенные повторно в течение года
после наложения административного взыскания,
– влекут штраф на должностных лиц в размере ста месячных расчетных
показателей.
15. Действия (бездействие), предусмотренные частями второй и одиннадцатой
настоящей статьи, совершенные повторно в течение года после наложения
административного взыскания, –
влекут штраф на должностных лиц в размере шестидесяти месячных расчетных
показателей.
16. Действие, предусмотренное частью десятой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере ста месячных расчетных показателей.
17. Действия (бездействие), предусмотренные частями третьей, пятой, шестой и
двенадцатой настоящей статьи, совершенные повторно в течение года после наложения
административного взыскания, –
влекут штраф на должностных лиц в размере двухсот месячных расчетных
показателей.
Примечание.
Под должностными лицами в настоящей статье следует понимать:
1) в части первой – первых руководителей организатора государственных
закупок, заказчика или лиц, исполняющих их обязанности, ответственных за
осуществление процедур организации и проведения государственных закупок, и (или)
лиц, непосредственно участвующих в разработке конкурсной либо аукционной
документации;
2) в части второй – первых руководителей организатора государственных
закупок, заказчика или лиц, исполняющих их обязанности, ответственных за
осуществление процедур организации и проведения государственных закупок;
3) в части третьей – первого руководителя либо ответственного секретаря или
иного осуществляющего полномочия ответственного секретаря должностного лица,
определяемого Президентом Республики Казахстан, заказчика либо лица, исполняющего
его обязанности;
4) в частях четвертой и пятой – председателя конкурсной комиссии и его
заместителя, а также членов и секретаря конкурсной комиссии;
5) в части шестой – первого руководителя либо ответственного секретаря или
иного осуществляющего полномочия ответственного секретаря должностного лица,
определяемого Президентом Республики Казахстан, заказчика либо лица, исполняющего
его обязанности;
6) в части седьмой – первых руководителей организатора государственных
закупок;
7) в части восьмой – председателя конкурсной комиссии и его заместителя, а
также членов конкурсной комиссии;
8) в частях восьмой и девятой – первого руководителя либо ответственного
секретаря или иного осуществляющего полномочия ответственного секретаря
должностного лица, определяемого Президентом Республики Казахстан, заказчика либо
лица, исполняющего его обязанности;
9) в части девятой – председателя конкурсной либо аукционной комиссии и его
заместителя, а также членов конкурсной либо аукционной комиссии;
10) в части десятой – первых руководителей организатора государственных
закупок.
Статья 208. Нарушение требований законодательства
Республики Казахстан о кредитных бюро и
формировании кредитных историй
1. Нарушение кредитным бюро законодательства Республики Казахстан о кредитных
бюро и формировании кредитных историй –
влечет штраф на юридических лиц в размере двухсот месячных расчетных
показателей.
2. Предоставление поставщиком информации сведений о субъекте кредитной
истории в кредитные бюро (за исключением кредитного бюро с государственным
участием) для формирования кредитной истории и (или) подача получателем кредитного
отчета запроса о представлении кредитного отчета без согласия субъекта информации,
за исключением случаев предоставления негативной информации о субъекте кредитной
истории и (или) кредитного отчета, содержащего негативную информацию о субъекте
кредитной истории, а также его неправильное оформление –
влекут штраф на физических лиц в размере двадцати, на должностных лиц – в
размере пятидесяти, на субъектов малого предпринимательства – в размере ста, на
субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов
крупного предпринимательства – в размере двухсот месячных расчетных показателей.
3. Непредставление, а равно несвоевременное представление поставщиком
информации в кредитное бюро сведений, полученных от субъекта кредитной истории,
представление которых требуется в соответствии с законодательством Республики
Казахстан о кредитных бюро и формировании кредитных историй, либо представление
недостоверных сведений –
влекут штраф на физических лиц в размере двадцати, на должностных лиц – в
размере пятидесяти, на субъектов малого предпринимательства – в размере ста, на
субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов
крупного предпринимательства – в размере двухсот месячных расчетных показателей.
Примечание. Под сведениями понимаются сведения в отношении субъектов
кредитных историй на электронном и бумажном носителях, передаваемые участниками
системы формирования кредитных историй и их использования, при необходимости
удостоверяемые электронной цифровой подписью.
Статья 209. Нарушение законодательства Республики
Казахстан о концессиях
Внесение изменений в условия конкурса по выбору концессионера, а также в
начальные параметры и характеристики концессионной заявки в ходе проведения с
участником конкурса, концессионная заявка которого признана лучшей, переговоров по
уточнению концессионного проекта и условий договора концессии –
влечет штраф на должностных лиц в размере ста месячных расчетных показателей.
Примечание. Под должностными лицами в настоящей статье следует понимать
первых руководителей организатора конкурса по концессии или лиц, исполняющих их
обязанности, ответственных за осуществление процедур организации и проведения
конкурса.
Статья 210. Проведение платежей и переводов денег по
валютным операциям без представления валютного
договора (оригинала или его копии), в
предусмотренных случаях регистрационного
свидетельства
1. Проведение уполномоченными банками платежей и переводов денег по
валютным операциям без представления валютного договора (оригинала или его копии),
в предусмотренных случаях регистрационного свидетельства –
влечет предупреждение.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере пятидесяти месячных расчетных показателей.
Примечание. Если валютный договор связан с экспортом или импортом и требует
получения учетного номера контракта, представляется оригинал валютного договора или
его копия с отметкой о получении учетного номера контракта.
Статья 211. Нарушение требований законодательства
Республики Казахстан о микрофинансовых
организациях
1. Осуществление микрофинансовыми организациями видов деятельности, не
предусмотренных Законом Республики Казахстан «О микрофинансовых организациях», –
влечет штраф в размере ста месячных расчетных показателей.
2. Распространение или размещение микрофинансовой организацией в средствах
массовой информации рекламы, не соответствующей действительности на день ее
опубликования, если эти действия не имеют признаков уголовно наказуемого деяния, –
влечет штраф в размере ста пятидесяти месячных расчетных показателей.
3. Непредоставление, а равно неоднократное (два и более раза в течение
двенадцати последовательных календарных месяцев) несвоевременное предоставление
микрофинансовыми организациями в Национальный Банк Республики Казахстан информации,
требуемой законодательством Республики Казахстан о микрофинансовых организациях,
либо предоставление в Национальный Банк Республики Казахстан микрофинансовыми
организациями информации, не содержащей сведений, предоставление которых требуется
в соответствии с законодательством Республики Казахстан о микрофинансовых
организациях, либо предоставление недостоверной информации –
влекут штраф в размере двухсот месячных расчетных показателей.
4. Неоднократное (два и более раза в течение двенадцати последовательных
календарных месяцев) нарушение микрофинансовыми организациями установленных
Национальным Банком Республики Казахстан пруденциальных нормативов и (или) других
обязательных к соблюдению норм и лимитов –
влечет штраф в размере трехсот месячных расчетных показателей.
5. Неуказание микрофинансовыми организациями в договорах о предоставлении
микрокредита, заключаемых с клиентами, размера годовой эффективной ставки
вознаграждения, рассчитанной в порядке, установленном законодательством Республики
Казахстан, а равно превышение микрофинансовой организацией предельного размера
годовой эффективной ставки вознаграждения, определенного нормативным правовым актом
Национального Банка Республики Казахстан, –
влекут штраф на юридических лиц в размере пятидесяти месячных расчетных
показателей.
6. Утеря микрофинансовыми организациями платежных документов клиентов –
влечет штраф на юридических лиц в размере ста месячных расчетных показателей.
Статья 212. Нарушение сроков представления финансовой и
иной отчетности финансовыми организациями и
иными лицами
1. Неоднократное (два и более раза в течение двенадцати последовательных
календарных месяцев) непредставление в установленный срок финансовой и иной
отчетности финансовыми организациями, представление которой требуется в
соответствии с нормативными правовыми актами Национального Банка Республики
Казахстан, –
влечет штраф на юридических лиц в размере двухсот месячных расчетных
показателей.
2. Неоднократное (два и более раза в течение двенадцати последовательных
календарных месяцев) непредставление в установленный срок финансовой и иной
отчетности микрофинансовыми организациями, представление которой требуется в
соответствии с нормативными правовыми актами Национального Банка Республики
Казахстан, –
влечет штраф на юридических лиц в размере ста месячных расчетных показателей.
3. Неоднократное (два и более раза в течение двенадцати последовательных
календарных месяцев) непредставление в установленный срок отчетности банковскими
холдингами, страховыми холдингами, представление которой требуется в соответствии с
нормативными правовыми актами Национального Банка Республики Казахстан, –
влечет штраф на юридических лиц в размере двухсот месячных расчетных
показателей.
Статья 213. Нарушение требований банковского
законодательства Республики Казахстан
1. Непредоставление, а равно неоднократное (два и более раза в течение
двенадцати последовательных календарных месяцев) несвоевременное предоставление
банками, учредителями (акционерами) банка и (или) его аффилиированными лицами, а
также банковскими холдингами и лицами, соответствующими признакам крупного
участника банка, банковского холдинга, организациями, осуществляющими отдельные
виды банковских операций, сведений или иной запрашиваемой информации –
влекут штраф на физических лиц в размере пятидесяти, на юридических лиц – в
размере двухсот месячных расчетных показателей.
2. Предоставление банками, учредителями (акционерами) банка и (или) его
аффилиированными лицами, а также банковскими холдингами и лицами, соответствующими
признакам крупного участника банка, банковского холдинга, организациями,
осуществляющими отдельные виды банковских операций, недостоверных, а равно неполных
отчетности, сведений или иной запрашиваемой информации –
влекут штраф на физических лиц в размере пятидесяти, на юридических лиц – в
размере двухсот месячных расчетных показателей.
3. Действия (бездействие), предусмотренные частями первой, второй настоящей
статьи, совершенные повторно в течение года после наложения административного
взыскания, –
влекут штраф на юридических лиц в размере шестисот месячных расчетных
показателей.
4. Неоднократное (два и более раза в течение двенадцати последовательных
календарных месяцев) нарушение банками, организациями, осуществляющими отдельные
виды банковских операций, установленных Национальным Банком Республики Казахстан
пруденциальных нормативов и (или) иных обязательных к соблюдению норм и лимитов –
влечет штраф на юридических лиц в размере трехсот месячных расчетных
показателей.
5. Неоднократное (два и более раза в течение трех последовательных
календарных месяцев) нарушение банками нормативов минимальных резервных
требований, установленных Национальным Банком Республики Казахстан, –
влечет штраф на юридических лиц в размере трехсот месячных расчетных
показателей.
6. Осуществление банками, банковскими холдингами, организациями,
осуществляющими отдельные виды банковских операций, операций и сделок, запрещенных
в соответствии с банковским законодательством Республики Казахстан либо в нарушение
банковского законодательства Республики Казахстан, а равно выходящих за пределы их
правоспособности, –
влечет штраф на юридических лиц в размере одной десятой процента от суммы
сделки, но не менее двухсот и не более одной тысячи месячных расчетных показателей.
7. Действие, предусмотренное частью шестой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на юридических лиц в размере одного процента от суммы сделки, но
не менее четырехсот и не более двух тысяч месячных расчетных показателей.
8. Составление банками, организациями, осуществляющими отдельные виды
банковских операций, отчетности, приведшее к искажению содержащихся в ней
показателей либо сведений о выполнении пруденциальных нормативов и (или) иных
обязательных к соблюдению норм и лимитов, определенных банковским законодательством
Республики Казахстан, –
влечет штраф на юридических лиц в размере двухсот месячных расчетных
показателей.
9. Действие, предусмотренное частью восьмой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на юридических лиц в размере шестисот месячных расчетных
показателей.
10. Невыполнение банками, организациями, осуществляющими отдельные виды
банковских операций, обязанности по указанию ставки вознаграждения в достоверном,
годовом, эффективном, сопоставимом исчислении в договорах, заключаемых с клиентами,
а также при распространении информации о величинах вознаграждения по займам и
вкладам (за исключением межбанковских), в том числе ее публикации, –
влечет штраф на юридических лиц в размере пятидесяти месячных расчетных
показателей.
11. Объявление или опубликование банком в средствах массовой информации
рекламы, не соответствующей действительности на день опубликования, –
влечет штраф в размере двухсот месячных расчетных показателей.
12. Превышение банками, организациями, осуществляющими отдельные виды
банковских операций, предельного размера годовой эффективной ставки вознаграждения,
определенного нормативным правовым актом Национального Банка Республики Казахстан,
–
влечет штраф на юридических лиц в размере пятидесяти месячных расчетных
показателей.
13. Нарушение банками, организациями, осуществляющими отдельные виды
банковских операций, порядка исчисления, условия действия плавающей ставки
вознаграждения по договорам банковского займа, в том числе по договорам ипотечных
займов, заключаемых с физическими лицами, –
влечет штраф на юридических лиц в размере пятидесяти месячных расчетных
показателей.
Статья 214. Нарушение законодательства Республики
Казахстан о противодействии легализации
(отмыванию) доходов, полученных преступным
путем, и финансированию терроризма
1. Нарушение субъектами финансового мониторинга законодательства Республики
Казахстан о противодействии легализации (отмыванию) доходов, полученных преступным
путем, и финансированию терроризма в части документального фиксирования, хранения и
предоставления информации об операциях, подлежащих финансовому мониторингу, их
клиентах, надлежащей проверки клиентов (их представителей) и бенефициарных
собственников, приостановления и отказа от проведения операций, подлежащих
финансовому мониторингу, защиты документов, полученных в процессе своей
деятельности, –
влечет штраф на физических лиц в размере ста, на должностных лиц, нотариусов
и адвокатов, субъектов малого предпринимательства или некоммерческие организации –
в размере ста сорока, на субъектов среднего предпринимательства – в размере двухсот
двадцати, на субъектов крупного предпринимательства – в размере четырехсот месячных
расчетных показателей.
2. Неисполнение субъектами финансового мониторинга обязанностей по
разработке, принятию и (или) исполнению правил внутреннего контроля и программ его
осуществления –
влечет штраф на физических лиц в размере ста, на должностных лиц, нотариусов
и адвокатов, субъектов малого предпринимательства или некоммерческие организации –
в размере ста шестидесяти, на субъектов среднего предпринимательства – в размере
двухсот пятидесяти, на субъектов крупного предпринимательства – в размере девятисот
месячных расчетных показателей.
3. Извещение должностными лицами субъектов финансового мониторинга своих
клиентов и иных лиц о предоставленной в уполномоченный орган по финансовому
мониторингу информации –
влечет штраф в размере ста пятидесяти месячных расчетных показателей.
4. Действия (бездействие), предусмотренные частями первой, второй и третьей
настоящей статьи, совершенные повторно в течение года после наложения
административного взыскания, –
влекут штраф на физических лиц в размере ста пятидесяти, на должностных лиц,
нотариусов и адвокатов, субъектов малого предпринимательства или некоммерческие
организации – в размере ста восьмидесяти, на субъектов среднего предпринимательства
– в размере трехсот, на субъектов крупного предпринимательства – в размере тысячи
двухсот месячных расчетных показателей.
5. Действия (бездействие), предусмотренные частями первой, второй и третьей
настоящей статьи, совершенные три и более раза в течение года после наложения
административного взыскания, –
влекут штраф на физических лиц в размере двухсот, на должностных лиц,
адвокатов, нотариусов, индивидуальных предпринимателей – в размере четырехсот, на
товарные биржи, юридические лица, осуществляющие предпринимательскую деятельность в
сфере оказания бухгалтерских услуг, микрофинансовые организации, операторов систем
электронных денег, не являющихся банками, организаторов игорного бизнеса и лотерей,
операторов почты, аудиторские организации – в размере двух тысяч месячных расчетных
показателей, с приостановлением действия лицензии на определенный вид деятельности
или временным лишением квалификационного аттестата (свидетельства) на срок до шести
месяцев либо их лишением или приостановлением деятельности юридического лица на
срок до трех месяцев.
Статья 215. Нарушение порядка формирования системы
управления рисками и внутреннего контроля
1. Нарушение финансовыми организациями порядка формирования системы
управления рисками и внутреннего
контроля, установленного нормативным правовым актом Национального Банка Республики
Казахстан, в случае, если выявленные нарушения не будут устранены финансовой
организацией в сроки, установленные Национальным Банком Республики Казахстан, –
влечет штраф на юридических лиц в размере ста месячных расчетных показателей.
2. Нарушение родительской организацией банковского конгломерата или
страховой группы требований, предъявляемых к системе управления рисками и
внутреннего контроля на консолидированной основе, установленных нормативным
правовым актом Национального Банка Республики Казахстан, в случае, если выявленные
нарушения не будут устранены родительской организацией банковского конгломерата или
страховой группы в сроки, установленные Национальным Банком Республики Казахстан, –
влечет штраф на юридических лиц в размере ста месячных расчетных показателей.
Статья 216. Недостижение субъектами квазигосударственного
сектора результатов бюджетных инвестиций
1. Недостижение дочерними, зависимыми и иными юридическими лицами,
являющимися аффилиированными в соответствии с законодательными актами Республики
Казахстан, результатов бюджетных инвестиций посредством участия государства в их
уставном капитале, предусмотренных в финансово-экономическом обосновании, –
влечет штраф на должностных лиц – первых руководителей в размере четырехсот
месячных расчетных показателей.
2. Недостижение государственными предприятиями, товариществами с
ограниченной ответственностью, акционерными обществами, участником или акционером
которых является государство, результатов бюджетных инвестиций посредством участия
государства в их уставном капитале, предусмотренных в финансово-экономическом
обосновании, –
влечет штраф на должностных лиц – первых руководителей в размере четырехсот
месячных расчетных показателей.
Статья 217. Нарушение порядка и сроков представления
отчетности агентами валютного контроля
1. Несвоевременное представление агентами валютного контроля отчетности по
операциям клиентов –
влечет предупреждение на юридических лиц.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов среднего предпринимательства в размере пятнадцати,
на субъектов крупного предпринимательства – в размере сорока месячных расчетных
показателей.
3. Представление агентами валютного контроля недостоверной отчетности по
операциям клиентов –
влечет предупреждение на юридических лиц.
4. Действие, предусмотренное частью третьей настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов среднего предпринимательства в размере пятнадцати,
на субъектов крупного предпринимательства – в размере сорока месячных расчетных
показателей.
5. Непредставление агентами валютного контроля отчетности по операциям
клиентов –
влечет штраф на субъектов среднего предпринимательства в размере тридцати, на
субъектов крупного предпринимательства – в размере восьмидесяти месячных расчетных
показателей.
Статья 218. Нарушение порядка и сроков представления
уполномоченными банками отчетности для целей
осуществления мониторинга источников спроса и
предложения, а также направлений использования
иностранной валюты на внутреннем валютном
рынке
1. Несвоевременное представление уполномоченными банками отчетности для
целей осуществления мониторинга источников спроса и предложения, а также
направлений использования иностранной валюты на внутреннем валютном рынке –
влечет предупреждение на юридических лиц.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на юридических лиц в размере сорока месячных расчетных
показателей.
3. Представление уполномоченными банками недостоверной отчетности для целей
осуществления мониторинга источников спроса и предложения, а также направлений
использования иностранной валюты на внутреннем валютном рынке –
влечет предупреждение на юридических лиц.
4. Действие, предусмотренное частью третьей настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на юридических лиц в размере сорока месячных расчетных
показателей.
5. Непредставление уполномоченными банками отчетности для целей
осуществления мониторинга источников спроса и предложения, а также направлений
использования иностранной валюты на внутреннем валютном рынке –
влечет штраф на юридических лиц в размере восьмидесяти месячных расчетных
показателей.
Статья 219. Превышение натуральных норм по
административным расходам
Превышение государственными предприятиями, акционерными обществами и
товариществами с ограниченной ответственностью, контролируемыми государством,
натуральных норм по административным расходам, установленным нормативными правовыми
актами, –
влечет штраф на первых руководителей в размере пятидесяти месячных расчетных
показателей.
Статья 220. Нарушение требований, связанных с банковским
обслуживанием клиентов
1. Несвоевременный акцепт или отказ в акцепте (позднее трех рабочих дней со
дня получения указания, за исключением случаев, предусмотренных статьей 38 Закона
Республики Казахстан «О платежах и переводах денег» и статьей 581 Налогового
кодекса Республики Казахстан), несвоевременное исполнение (позднее операционного
дня, следующего за днем акцепта полученного указания, либо позднее срока исполнения
указания, если условиями такого указания установлен срок его исполнения) банками,
организациями, осуществляющими отдельные виды банковских операций, указаний по
платежу или переводу денег –
влекут штраф на юридических лиц в размере пяти процентов от суммы указания по
платежу или переводу денег, но не более двухсот месячных расчетных показателей.
2. Исполнение банками, организациями, осуществляющими отдельные виды
банковских операций, указания по платежу или переводу денег, совершенного в пользу
бенефициара, отличного от проставленного в указании, или на сумму, отличную от
проставленной в указании, –
влечет штраф на юридических лиц в размере пяти процентов от суммы указания по
платежу или переводу денег, но не более двухсот месячных расчетных показателей.
3. Утеря банками, организациями, осуществляющими отдельные виды банковских
операций, платежных документов клиентов –
влечет штраф на юридических лиц в размере ста месячных расчетных показателей
за каждый платежный документ.
4. Необоснованный отказ банками, организациями, осуществляющими отдельные
виды банковских операций, в акцепте указания по платежу или переводу денег:
1) при обеспечении отправителем суммы денег, необходимой для осуществления
перевода денег;
2) если платежный документ не содержит признаков подделки;
3) если отправителем соблюдены требования к порядку составления и
предъявления указания о переводе денег и (или) иных требований, установленных
законодательством Республики Казахстан и (или) условиями договора;
4) если отказ в акцепте указания не относится к случаям,
предусмотренным Законом Республики Казахстан «О противодействии легализации
(отмыванию) доходов, полученных преступным путем, и финансированию терроризма», –
влечет штраф на юридических лиц в размере пяти процентов от суммы указания по
платежу или переводу денег, но не более двухсот месячных расчетных показателей.
5. Нарушение банками, организациями, осуществляющими отдельные виды
банковских операций, очередности изъятия денег с банковского счета клиента,
установленной Гражданским кодексом Республики Казахстан, –
влечет штраф на юридических лиц в размере ста месячных расчетных показателей.
6. Неисполнение банками, организациями, осуществляющими отдельные виды
банковских операций, указаний по платежу или переводу денег, совершенное в виде:
1) непередачи банком или организацией, осуществляющей отдельные виды
банковских операций, следующему банку или организации, осуществляющей отдельные
виды банковских операций, акцептованного указания о переводе денег в пользу
бенефициара;
2) незавершения перевода денег, если банк-получатель (банк или организация,
осуществляющая отдельные виды банковских операций, которому адресуется указание о
переводе либо выплате денег) является банком бенефициара (банк или организация,
осуществляющая отдельные виды банковских операций, которой согласно условиям
договора с отправителем и (или) указанию отправителя надлежит принять деньги,
поступающие в пользу бенефициара, и (или) выполнить иные действия, предусмотренные
указанием либо договором с отправителео( �
3) невыдачи наличных денег отправителю, предъявившему указание о выплате
наличных денег, –
влечет штраф на юридических лиц в размере пяти процентов от суммы указания по
платежу или переводу денег, но не более двухсот месячных расчетных показателей.
Примечание.
Требования настоящей статьи не распространяются на действия (бездействие),
ответственность за которые предусмотрена частью восьмой статьи 91, частью
четвертой статьи 92, статьей 285 настоящего Кодекса.
Статья 221. Выпуск дружеских, бронзовых и финансовых
векселей на территории Республики Казахстан
Выпуск дружеских, бронзовых и финансовых векселей на территории Республики
Казахстан –
влечет штраф на физических лиц в размере сорока, на субъектов малого
предпринимательства – в размере ста двадцати, на субъектов среднего
предпринимательства – в размере двухсот, на субъектов крупного предпринимательства
– в размере четырехсот месячных расчетных показателей.
Статья 222. Нарушение требований выпуска, использования и
погашения электронных денег
1. Выпуск эмитентом электронных денег на сумму, не соответствующую сумме
принятых на себя обязательств, –
влечет штраф в размере трехсот месячных расчетных показателей.
2. То же действие, совершенное повторно в течение года после наложения
административного взыскания, предусмотренного частью первой настоящей статьи, –
влечет штраф в размере шестисот месячных расчетных показателей.
3. Выпуск эмитентом электронных денег на сумму, превышающую сто месячных
расчетных показателей, без идентификации владельца электронных денег, а также
допущение эмитентом использования электронных денег в системе электронных денег при
совершении операций на сумму, которая превышает установленные ограничения по
максимальной сумме одной операции, –
влекут штраф в размере двухсот месячных расчетных показателей.
4. Те же действия, совершенные повторно в течение года после наложения
административного взыскания, предусмотренного частью третьей настоящей статьи, –
влекут штраф в размере пятисот месячных расчетных показателей.
5. Непогашение, несвоевременное и неполное погашение эмитентом электронных
денег, полученных индивидуальным предпринимателем или юридическим лицом от
физических лиц при оплате по гражданско-правовым сделкам, –
влекут штраф в размере ста месячных расчетных показателей.
6. Те же действия, совершенные повторно в течение года после наложения
административного взыскания, предусмотренного частью пятой настоящей статьи, –
влекут штраф в размере двухсот месячных расчетных показателей.
Статья 223. Нарушения, связанные с неправомерным
приобретением прямо или косвенно десяти или
более процентов акций финансовой организации
без получения письменного согласия
Национального Банка Республики Казахстан
Приобретение лицом прямо или косвенно акций финансовой организации в размере
десяти или более процентов от размещенных (за вычетом привилегированных и
выкупленных) акций финансовой организации, а также контроля или возможности
оказывать влияние на принимаемые финансовой организацией решения в размере десяти
или более процентов от размещенных (за вычетом привилегированных и выкупленных)
акций финансовой организации без письменного согласия Национального Банка
Республики Казахстан –
влечет штраф на физических лиц в размере двухсот, на юридических лиц – в
размере одной тысячи месячных расчетных показателей.
Примечание. Под финансовыми организациями в настоящей статье следует понимать
банк, страховую (перестраховочную) организацию, управляющего инвестиционным
портфелем.
Статья 224. Нарушения, связанные с неправомерным
приобретением долей участия в уставных
капиталах юридических лиц или акций банками,
страховыми (перестраховочными) организациями,
банковскими холдингами, страховыми холдингами
1. Приобретение долей участия в уставных капиталах юридических лиц или акций
банками, страховыми (перестраховочными) организациями в нарушение
требований законодательных актов Республики Казахстан, за исключением деяний,
предусмотренных частью третьей настоящей статьи, –
влечет штраф на юридических лиц в размере двух тысяч месячных расчетных
показателей.
2. Приобретение долей участия в уставных капиталах юридических лиц или акций
банковскими холдингами, страховыми холдингами в нарушение
требований законодательных актов Республики Казахстан, за исключением деяний,
предусмотренных частью третьей настоящей статьи, –
влечет штраф на юридических лиц в размере двух тысяч месячных расчетных
показателей.
3. Создание либо приобретение банком, страховой (перестраховочной)
организацией, банковским холдингом, страховым холдингом дочерней организации без
предварительного разрешения Национального Банка Республики Казахстан –
влечет штраф на юридических лиц в размере двух тысяч месячных расчетных
показателей.
Статья 225. Нецелевое использование пенсионных активов
1. Нарушение управляющим инвестиционным портфелем, а также членами
инвестиционного комитета условий и порядка инвестирования, установленных
законодательством Республики Казахстан, –
влечет штраф на физическое лицо в размере четырехсот, на юридических лиц в
размере восьмисот месячных расчетных показателей.
2. Неосуществление банком-кастодианом контроля за целевым размещением
пенсионных активов добровольного накопительного пенсионного фонда –
влечет штраф на юридических лиц в размере двухсот месячных расчетных
показателей.
Примечание. Для целей части второй настоящей статьи под банком-кастодианом
понимается банк второго уровня.
Статья 226. Нарушение требований, связанных с ликвидацией
банков, страховых (перестраховочных)
организаций
1. Уклонение председателя либо руководителя подразделения ликвидационной
комиссии от проведения проверки Национальным Банком Республики Казахстан
деятельности ликвидационной комиссии либо препятствование ее проведению –
влечет штраф в размере двадцати пяти месячных расчетных показателей.
2. Неоднократное (два и более раза в течение шести последовательных
календарных месяцев) предоставление недостоверных отчетности и информации,
установленной банковским законодательством Республики Казахстан, законодательством
Республики Казахстан о страховании и страховой деятельности, несвоевременное
предоставление, непредоставление отчетности и дополнительной информации,
установленной банковским законодательством Республики Казахстан, законодательством
Республики Казахстан о страховании и страховой деятельности, председателем,
руководителем подразделения ликвидационной комиссии Национальному Банку Республики
Казахстан –
влекут штраф в размере пятидесяти месячных расчетных показателей.
Статья 227. Невыполнение, несвоевременное выполнение
обязанностей, принятых и (или) возложенных
посредством применения ограниченных мер
воздействия
1. Невыполнение, несвоевременное выполнение банками, крупными участниками
банков, банковскими холдингами, организациями, входящими в состав банковского
конгломерата, Банком Развития Казахстана, организациями, осуществляющими отдельные
виды банковских операций, обязанностей, принятых ими и (или) возложенных на них
Национальным Банком Республики Казахстан посредством применения ограниченных мер
воздействия, –
влекут штраф на физических лиц в размере пятидесяти, на субъектов малого
предпринимательства – в размере двухсот пятидесяти, на субъектов среднего
предпринимательства – в размере трехсот пятидесяти, на субъектов крупного
предпринимательства – в размере четырехсот пятидесяти месячных расчетных
показателей.
2. Невыполнение, несвоевременное выполнение страховой (перестраховочной)
организацией, страховым брокером, страховым холдингом, крупными участниками
страховой (перестраховочной) организации, юридическими лицами, входящими в состав
страховой группы, актуарием, единым накопительным пенсионным фондом, управляющим
инвестиционным портфелем, крупными участниками управляющего инвестиционным
портфелем, физическими или юридическими лицами, соответствующими признакам крупного
участника управляющего инвестиционным портфелем, субъектом рынка ценных бумаг,
специальной финансовой компанией, исламской специальной финансовой компанией,
инвестиционным фондом, микрофинансовыми организациями обязанностей, принятых ими и
(или) возложенных на них Национальным Банком Республики Казахстан посредством
применения ограниченных мер воздействия, –
влекут штраф на физических лиц в размере пятидесяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере ста двадцати, на
субъектов среднего предпринимательства – в размере ста девяноста, на субъектов
крупного предпринимательства – в размере двухсот пятидесяти месячных расчетных
показателей.
3. Невыполнение председателем ликвидационной комиссии банка, страховой
(перестраховочной) организации в срок, установленный Национальным Банком Республики
Казахстан, письменного предписания об устранении нарушений законодательства
Республики Казахстан –
влечет штраф на физических лиц в размере сорока месячных расчетных
показателей.
Статья 228. Нарушение требований, установленных
законодательством Республики Казахстан о
страховании и страховой деятельности
1. Непредоставление, а равно неоднократное (два и более раза в течение
двенадцати последовательных календарных месяцев) несвоевременное предоставление
страховой (перестраховочной) организацией, страховым брокером, страховым холдингом
страховой (перестраховочной) организации, участниками (акционерами) и (или)
аффилиированными лицами страховой (перестраховочной) организации, а также
физическими и юридическими лицами, соответствующими признакам крупного участника
(страхового холдинга) страховой (перестраховочной) организации, сведений или иной
запрашиваемой информации –
влекут штраф на физических лиц в размере пятидесяти, на юридических лиц – в
размере двухсот месячных расчетных показателей.
2. Предоставление страховой (перестраховочной) организацией, страховым
брокером, страховым холдингом страховой (перестраховочной) организации, участниками
(акционерами) и (или) аффилиированными лицами страховой (перестраховочной)
организации, а также физическими и юридическими лицами, соответствующими признакам
крупного участника (страхового холдинга) страховой (перестраховочной) организации,
недостоверных, а равно неполных отчетности, сведений или иной запрашиваемой
информации –
влечет штраф на физических лиц в размере пятидесяти, на юридических лиц – в
размере двухсот месячных расчетных показателей.
3. Несвоевременное предоставление, непредоставление либо предоставление
обществом взаимного страхования уполномоченному государственному органу в области
растениеводства недостоверной отчетности либо иной запрашиваемой уполномоченным
органом информации в соответствии с Законом Республики Казахстан «Об обязательном
страховании в растениеводстве» –
влекут штраф в размере пятидесяти месячных расчетных показателей.
4. Непредставление либо несвоевременное представление в Национальный Банк
Республики Казахстан страховой (перестраховочной) организацией договора о
совместной деятельности для его регистрации –
влечет штраф в размере четырехсот месячных расчетных показателей.
5. Неоднократное (два и более раза в течение двенадцати последовательных
календарных месяцев) нарушение страховой (перестраховочной) организацией,
родительской организацией страховой группы установленных Национальным Банком
Республики Казахстан пруденциальных нормативов и (или) иных обязательных к
соблюдению норм и лимитов –
влечет штраф в размере пятисот месячных расчетных показателей.
6. Осуществление страховой (перестраховочной) организацией, страховым
холдингом, страховым брокером, страховым агентом сделок и операций в
нарушение законодательства Республики Казахстан о страховании и страховой
деятельности –
влечет штраф в размере одной десятой процента от суммы сделки либо ста
процентов от суммы полученного дохода по операциям, но не менее пятидесяти и не
более двух тысяч месячных расчетных показателей.
7. Осуществление обществом взаимного страхования сделок и операций в
нарушение законодательства Республики Казахстан о взаимном страховании –
влечет штраф в размере двухсот месячных расчетных показателей.
8. Осуществление актуарием своей деятельности в нарушение законодательства
Республики Казахстан о страховании и страховой деятельности –
влечет штраф в размере пятидесяти месячных расчетных показателей.
9. Несвоевременное извещение страховой организацией в установленном
законодательством Республики Казахстан порядке страхователей об изменении места
нахождения своего постоянно действующего органа, обособленного подразделения или
изменении наименования –
влечет штраф в размере пятидесяти месячных расчетных показателей.
10. Нарушение страховой (перестраховочной) организацией установленных
законодательством Республики Казахстан о страховании и страховой деятельности
условий по надлежащему документированию, хранению документов, размещению копий
лицензий на право осуществления страховой деятельности, а также нарушение страховой
организацией, страховым брокером и страховым агентом установленных
законодательством Республики Казахстан правил учета и хранения бланков страховой
документации, работы с наличными деньгами –
влекут штраф в размере пятидесяти месячных расчетных показателей.
11. Объявление или опубликование страховой (перестраховочной) организацией и
страховым брокером в средствах массовой информации рекламы, не соответствующей
действительности на день опубликования, –
влечет штраф в размере двухсот месячных расчетных показателей.
12. Составление страховой (перестраховочной) организацией отчетности,
приведшей к искажению содержащихся в ней показателей либо сведений о соблюдении
пруденциальных нормативов и (или) иных обязательных к соблюдению норм и лимитов, –
влечет штраф на юридических лиц в размере четырехсот месячных расчетных
показателей.
13. Действие, предусмотренное частью двенадцатой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф в размере шестисот месячных расчетных показателей.
14. Несообщение страховым брокером в Национальный Банк Республики Казахстан о
ставших ему известными фактах неплатежеспособности страховой (перестраховочной)
организации –
влечет штраф в размере ста месячных расчетных показателей.
15. Несообщение актуарием в Национальный Банк Республики Казахстан об
установленных им фактах несоблюдения страховой (перестраховочной) организацией
требований законодательства Республики Казахстан по формированию страховых резервов
–
влечет штраф в размере пятидесяти месячных расчетных показателей.
16. Неуплата, несвоевременная уплата либо уплата обязательных или
чрезвычайных взносов в неполном объеме в Фонд гарантирования страховых выплат –
влекут штраф на юридических лиц в размере двухсот пятидесяти месячных
расчетных показателей.
17. Нарушение страховой (перестраховочной) организацией требования об
обязательности опубликования финансовой отчетности и иных сведений в средствах
массовой информации в соответствии с законами Республики Казахстан –
влечет штраф в размере ста месячных расчетных показателей.
Статья 229. Нарушение страховой организацией требований,
связанных с заключением и исполнением
договоров страхования
1. Неосуществление, а равно несвоевременное осуществление страховой выплаты
или неправильное выполнение иных условий заключенного договора о страховании –
влекут штраф на юридических лиц в размере ста месячных расчетных показателей.
2. Утеря документов, представленных клиентом для исполнения договора
страхования, –
влечет штраф на юридических лиц в размере пятидесяти месячных расчетных
показателей.
Статья 230. Нарушение законодательства Республики
Казахстан об обязательном страховании
1. Уклонение страховой организации от заключения договора обязательного
страхования, предусмотренного законодательными актами Республики Казахстан, –
влечет штраф на юридическое лицо в размере пятисот месячных расчетных
показателей.
2. Уклонение от заключения договора обязательного страхования лицом,
обязанным в соответствии с законодательным актом Республики Казахстан об
обязательном страховании заключить договор обязательного страхования, –
влечет штраф на физических лиц в размере двадцати, на должностных лиц,
частных нотариусов, частных судебных исполнителей, на субъектов малого
предпринимательства или некоммерческие организации – в размере двухсот, на
субъектов среднего предпринимательства – в размере четырехсот, на субъектов
крупного предпринимательства – в размере одной тысячи месячных расчетных
показателей.
3. Нарушение страховой (перестраховочной) организацией требований
законодательных актов Республики Казахстан, выразившееся в неисполнении или
ненадлежащем исполнении требований по наличию филиалов и (или) страховых агентов в
столице, городах республиканского и областного, заключению договора участия в базе
данных по страхованию, предоставлению информации в базу данных по страхованию, в
превышении размера комиссионного вознаграждения, выплачиваемого страховому агенту
по заключению договоров страхования, –
влечет штраф на юридическое лицо в размере трехсот месячных расчетных
показателей.
4. Заключение страховой (перестраховочной) организацией договора
обязательного страхования на условиях, не соответствующих требованиям
законодательства Республики Казахстан, выразившееся в:
1) установлении размеров страховых сумм иных, чем определено законами
Республики Казахстан об обязательных видах страхования;
2) установлении размеров страховых премий иных, чем определено законами
Республики Казахстан об обязательных видах страхования, а равно неправильное
(необоснованное) применение коэффициентов при расчете страховой премии;
3) страховании объектов по обязательным видам страхования, не подлежащих
страхованию, –
влечет штраф на юридических лиц в размере одной десятой процента от суммы
сделки либо ста процентов от суммы полученного дохода по операциям, либо ста
процентов от суммы страховых премий, полученных по операциям, но не менее двухсот и
не более двух тысяч месячных расчетных показателей.
Сноска. Статья 230 с изменениями, внесенными Законом РК от 27.04.2015 № 311-V
(вводится в действие по истечении десяти календарных дней после дня его первого
официального опубликования).
Статья 231. Нарушение установленных законодательством
Республики Казахстан сроков согласования
руководящих работников финансовых организаций,
банковских и страховых холдингов, Фонда
гарантирования страховых выплат
1. Нарушение финансовой организацией, банковским и страховым холдингом,
Фондом гарантирования страховых выплат сроков согласования руководящего работника
финансовой организации, банковского и страхового холдинга, Фонда гарантирования
страховых выплат –
влечет штраф на юридических лиц в размере девяноста месячных расчетных
показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на юридических лиц в размере двухсот месячных расчетных
показателей.
Статья 232. Несвоевременное уведомление Национального
Банка Республики Казахстан об открытии и
прекращении деятельности филиалов и
представительств финансовых организаций, а
также несоблюдение требований законодательства
Республики Казахстан при открытии филиалов,
представительств финансовых организаций
Несвоевременное уведомление Национального Банка Республики Казахстан об
открытии и прекращении деятельности филиалов и представительств финансовых
организаций, а также несоблюдение требований банковского законодательства
Республики Казахстан, законодательства Республики Казахстан о страховании и
страховой деятельности при открытии филиалов, представительств финансовых
организаций –
влекут штраф на юридических лиц в размере ста месячных расчетных показателей.
Статья 233. Получение либо использование кредита, займа с
нарушением законодательства Республики
Казахстан
1. Получение индивидуальным предпринимателем или организацией кредита либо
льготных условий кредитования путем представления банку или организации,
осуществляющим отдельные виды банковских операций, заведомо ложных сведений о
хозяйственном положении, финансовом состоянии или залоговом имуществе
индивидуального предпринимателя или организации или об иных обстоятельствах,
имеющих существенное значение для получения кредита, льготных условий кредитования,
а равно несообщение банку или иному кредитору информации о возникновении
обстоятельств, могущих повлечь прекращение кредитования, отмену льгот либо
ограничение размеров выделенного кредита, если эти деяния не причинили крупный
ущерб, –
влекут штраф в размере пятидесяти месячных расчетных показателей.
2. Использование бюджетного кредита не по целевому назначению, если это
деяние не причинило крупный ущерб физическому лицу, организации или государству, –
влечет штраф в размере ста месячных расчетных показателей.
3. Использование средств гарантированных государством займов и займа,
привлекаемого под поручительство государства, на цели, не предусмотренные условиями
займа и не предусмотренные договором поручительства, а также на кредитование
государственных органов –
влечет штраф на первых руководителей соответствующего юридического лица –
заемщика по займу, имеющего государственную гарантию, их заместителей либо лиц, их
заменяющих, на которых соответствующими приказами возложено исполнение
обязанностей, в размере ста месячных расчетных показателей.
Статья 234. Несвоевременное, неполное зачисление
поступлений в республиканский и местные
бюджеты
1. Несвоевременное, неполное зачисление средств, поступающих в
республиканский и местные бюджеты, –
влечет штраф на должностных лиц в размере ста месячных расчетных показателей.
2. Несвоевременное, неполное зачисление средств, перечисляемых на счета
получателей бюджетных средств в соответствующих банках или организациях,
осуществляющих отдельные виды банковских операций, –
влечет штраф на должностных лиц в размере семидесяти месячных расчетных
показателей.
Статья 235. Нарушение правил ведения бюджетного учета,
составления и представления отчетности
Нарушение правил ведения бюджетного учета, составления и представления
отчетности –
влечет штраф на должностных лиц в размере двухсот месячных расчетных
показателей.
Статья 236. Нарушение условий и процедур предоставления
бюджетных кредитов, государственных гарантий
и поручительств государства
Нарушение условий и процедур предоставления бюджетных
кредитов, государственных гарантий и поручительств государства –
влечет штраф на должностных лиц в размере четырехсот месячных расчетных
показателей.
Статья 237. Нарушение правил возмещения затрат
1. Нарушение администраторами бюджетных программ правил возмещения затрат по
оказанию гарантированного объема бесплатной медицинской помощи –
влечет штраф на должностных лиц в размере пятидесяти месячных расчетных
показателей.
2. То же деяние, совершенное повторно в течение года после наложения
административного взыскания, –
влечет штраф на должностных лиц в размере ста месячных расчетных показателей.
Статья 238. Нарушение законодательства Республики
Казахстан о бухгалтерском учете и финансовой
отчетности физическими и должностными лицами
1. Неисполнение и (или) ненадлежащее исполнение физическими и должностными
лицами обязанностей, предусмотренных законодательством Республики Казахстан о
бухгалтерском учете и финансовой отчетности, совершенное в виде:
1) уклонения от ведения бухгалтерского учета, не причинившего крупного
ущерба;
2) составления искаженной финансовой отчетности, сокрытия данных, подлежащих
отражению в бухгалтерском учете, а равно уничтожения бухгалтерской документации, не
причинивших крупного ущерба;
3) назначения на должность главного бухгалтера публичной организации лица,
не имеющего сертификата профессионального бухгалтера, –
влекут штраф в размере ста месячных расчетных показателей.
2. Деяния, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф в размере двухсот месячных расчетных показателей.
Статья 239. Нарушение законодательства Республики
Казахстан о бухгалтерском учете и финансовой
отчетности юридическим лицом
1. Нарушение законодательства Республики Казахстан о бухгалтерском учете и
финансовой отчетности юридическим лицом, совершенное в виде:
1) уклонения от ведения бухгалтерского учета, если это действие не содержит
признаков уголовно наказуемого деяния;
2) представления заведомо недостоверной финансовой отчетности, отказа от
представления финансовой отчетности, представления с нарушением установленного
срока либо непредставления ее без уважительной причины учредителям (участникам)
организаций в соответствии с учредительными документами, уполномоченному органу в
области государственной статистики по месту регистрации, органам государственного
контроля и надзора в соответствии с их компетенцией, в депозитарий финансовой
отчетности;
3) составления искаженной финансовой отчетности, сокрытия данных, подлежащих
отражению в бухгалтерском учете, а равно уничтожения бухгалтерской документации;
4) подписания финансовой отчетности главным бухгалтером организации
публичного интереса, не являющимся профессиональным бухгалтером, –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере ста, на субъектов среднего предпринимательства – в размере
двухсот, на субъектов крупного предпринимательства – в размере пятисот месячных
расчетных показателей.
2. Деяние, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере двухсот, на субъектов среднего предпринимательства – в
размере четырехсот, на субъектов крупного предпринимательства – в размере одной
тысячи месячных расчетных показателей.
3. Проведение операций без соответствующего отражения их результатов в
бухгалтерском учете финансовыми организациями, специальными финансовыми компаниями,
исламскими специальными финансовыми компаниями, микрофинансовыми организациями,
инвестиционными фондами и Банком Развития Казахстана –
влечет штраф на юридических лиц в размере двадцати процентов от суммы,
которая не была учтена, но не менее ста и не более четырех тысяч месячных расчетных
показателей.
4. Ведение бухгалтерского учета в нарушение требований,
установленных законодательством Республики Казахстан о бухгалтерском учете и
финансовой отчетности, и методов (принципов) бухгалтерского учета, приведшее к
искажению финансовой отчетности, финансовыми организациями, специальными
финансовыми компаниями, исламскими специальными финансовыми компаниями,
микрофинансовыми организациями, инвестиционными фондами и Банком Развития
Казахстана –
влечет штраф на юридических лиц в размере до пяти процентов от суммы, которая
была учтена ненадлежащим образом, но не менее ста и не более четырех тысяч месячных
расчетных показателей.
Статья 240. Разглашение тайны бухгалтерской информации
Разглашение бухгалтерской информации, составляющей коммерческую тайну,
лицами, имеющими доступ к ней, не причинившее крупного ущерба,
– влечет штраф в размере ста пятидесяти месячных расчетных показателей.
Статья 241. Нарушение правил аккредитации, установленных
законодательством Республики Казахстан о
бухгалтерском учете и финансовой отчетности
1. Нарушение правил аккредитации, установленных законодательством Республики
Казахстан о бухгалтерском учете и финансовой отчетности, –
влечет предупреждение или штраф на юридическое лицо в размере двухсот
месячных расчетных показателей.
2. Действие, предусмотренное настоящей статьей, совершенное повторно в
течение года после наложения административного взыскания, –
влечет штраф на юридическое лицо в размере трехсот месячных расчетных
показателей.
Статья 242. Невыполнение управляющим инвестиционным
портфелем пруденциальных нормативов и (или)
иных обязательных к соблюдению норм и лимитов
1. Составление управляющим инвестиционным портфелем отчетности, приведшей к
искажению содержащихся в ней показателей либо сведений о выполнении пруденциальных
нормативов и (или) иных обязательных к соблюдению норм и лимитов,
определенных законодательством Республики Казахстан о пенсионном обеспечении, –
влечет штраф на юридических лиц в размере двухсот месячных расчетных
показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на юридических лиц в размере шестисот месячных расчетных
показателей.
3. Неоднократное (два и более раза в течение двенадцати последовательных
календарных месяцев) невыполнение управляющим инвестиционным портфелем
установленных Национальным Банком Республики Казахстан пруденциальных нормативов и
(или) иных обязательных к соблюдению норм и лимитов –
влечет штраф на юридических лиц в размере трехсот месячных расчетных
показателей.
Статья 243. Нарушение порядка предоставления отчетности по
оформленным регистрационным свидетельствам или
свидетельствам об уведомлении или по валютному
мониторингу, по обменным операциям с наличной
иностранной валютой, а также информации и
документов, подтверждающих возникновение
обстоятельств, которые влияют на сроки и
условия репатриации национальной и
иностранной валюты
1. Представление недостоверной отчетности по оформленным регистрационным
свидетельствам или свидетельствам об уведомлении или по валютному мониторингу, по
обменным операциям с наличной иностранной валютой –
влечет предупреждение на физических и юридических лиц.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства – в размере десяти, на субъектов среднего предпринимательства –
в размере двадцати, на субъектов крупного предпринимательства, филиалы и
представительства юридических лиц-нерезидентов, действующих на территории
Республики Казахстан более одного года, – в размере сорока месячных расчетных
показателей.
3. Несвоевременное представление отчетности по оформленным регистрационным
свидетельствам или свидетельствам об уведомлении или по валютному мониторингу, по
обменным операциям с наличной иностранной валютой –
влечет предупреждение на физических и юридических лиц.
4. Действие, предусмотренное частью третьей настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства – в размере десяти, на субъектов среднего предпринимательства –
в размере двадцати, на субъектов крупного предпринимательства, филиалы и
представительства юридических лиц-нерезидентов, действующих на территории
Республики Казахстан более одного года, – в размере сорока месячных расчетных
показателей.
5. Непредставление отчетности по оформленным регистрационным свидетельствам,
свидетельствам об уведомлении или по валютному мониторингу, по обменным операциям с
наличной иностранной валютой –
влечет штраф на физических лиц в размере сорока, на субъектов малого
предпринимательства – в размере семидесяти, на субъектов среднего
предпринимательства – в размере ста, на субъектов крупного предпринимательства,
филиалы и представительства юридических лиц-нерезидентов, действующих на территории
Республики Казахстан более одного года, – в размере ста пятидесяти месячных
расчетных показателей.
6. Несвоевременное предоставление информации и документов, подтверждающих
возникновение обстоятельств, которые влияют на сроки и (или) условия репатриации
национальной и иностранной валюты, –
влечет предупреждение.
7. Действие, предусмотренное частью шестой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере тридцати, на
субъектов среднего предпринимательства – в размере пятидесяти, на субъектов
крупного предпринимательства – в размере ста месячных расчетных показателей.
8. Непредоставление информации и документов, подтверждающих возникновение
обстоятельств, которые влияют на сроки и (или) условия репатриации национальной и
иностранной валюты, –
влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на
субъектов среднего предпринимательства – в размере семидесяти, на субъектов
крупного предпринимательства – в размере ста пятидесяти месячных расчетных
показателей.
Статья 244. Нарушение срока подачи документов для
получения свидетельства об уведомлении о
валютных операциях или регистрационного
свидетельства на валютные операции
1. Нарушение физическими и юридическими лицами срока подачи документов для
получения свидетельства об уведомлении о валютных операциях или регистрационного
свидетельства на валютные операции –
влечет предупреждение на физических и юридических лиц.
2. Действие (бездействие), предусмотренное частью первой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере пятидесяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере восьмидесяти, на
субъектов среднего предпринимательства – в размере ста двадцати, на субъектов
крупного предпринимательства – в размере двухсот месячных расчетных показателей.
Статья 245. Сокрытие аудитором факта нарушения
законодательства Республики Казахстан о
бухгалтерском учете и финансовой отчетности от
заказчиков проведения аудита
Сокрытие аудитором от заказчиков проведения аудита факта нарушения
законодательства Республики Казахстан о бухгалтерском учете и финансовой
отчетности, выявленного при проведении проверки, –
влечет штраф в размере семидесяти пяти месячных расчетных показателей с
лишением квалификационного свидетельства «аудитор».
Статья 246. Составление аудитором и аудиторской
организацией недостоверного аудиторского
отчета, а также недостоверного аудиторского
заключения по налогам
Сноска. Заголовок статьи 246 в редакции Закона РК от 29.12.2014 № 269-
V (вводится в действие с 01.01.2015).
1. Составление аудитором и аудиторской организацией недостоверного
аудиторского отчета, за исключением случая, предусмотренного статьей 249 настоящего
Кодекса, –
влечет штраф на аудиторов в размере восьмидесяти, на аудиторскую организацию
– в размере ста восьмидесяти месячных расчетных показателей, с приостановлением
действия лицензии на осуществление аудиторской деятельности либо без таковой.
2. Составление аудитором и аудиторской организацией заведомо недостоверного
аудиторского отчета –
влечет штраф на аудиторов в размере ста десяти месячных расчетных показателей
с лишением квалификационного свидетельства, на аудиторские организации – в размере
двухсот двадцати месячных расчетных показателей с приостановлением действия
лицензии на осуществление аудиторской деятельности.
3. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно аудитором в течение года после наложения административного взыскания, –
влечет штраф в размере ста пятидесяти месячных расчетных показателей с
лишением квалификационного свидетельства.
4. Действия, предусмотренные частями первой и второй настоящей статьи,
совершенные повторно аудиторской организацией в течение года после наложения
административного взыскания, –
влекут штраф в размере двухсот пятидесяти месячных расчетных показателей с
лишением лицензии на осуществление аудиторской деятельности.
5. Составление аудиторской организацией недостоверного аудиторского
заключения по налогам –
влечет штраф на аудиторскую организацию в размере двухсот месячных расчетных
показателей с приостановлением действия лицензии на осуществление аудиторской
деятельности либо без такового.
6. Действие, предусмотренное частью пятой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на аудиторскую организацию в размере двухсот пятидесяти месячных
расчетных показателей с лишением лицензии на осуществление аудиторской
деятельности.
Сноска. Статья 246 с изменениями, внесенными Законом РК от 29.12.2014 № 269-
V (вводится в действие с 01.01.2015).
Статья 246-1. Нарушение аудиторской организацией порядка
проведения аудита по налогам
Нарушение аудиторской организацией порядка проведения аудита по налогам, за
исключением нарушений, влекущих признание аудиторского заключения по налогам
недостоверным, –
влечет штраф на аудиторскую организацию в размере ста пятидесяти месячных
расчетных показателей.
Примечание. Под нарушением порядка проведения аудита по налогам в настоящей
статье понимается несоблюдение аудиторской организацией обязанностей, установленных
порядком проведения аудиторской организацией аудита по налогам, определяемым
уполномоченным государственным органом, осуществляющим регулирование в области
аудиторской деятельности.
Сноска. Главу 15 дополнена статьей 246-1 в соответствии с Законом РК от
29.12.2014 № 269-V (вводится в действие с 01.01.2015).
Статья 247. Нарушение законодательства Республики
Казахстан об аудиторской деятельности
1. Осуществление аудиторской организацией видов деятельности, не
предусмотренных законодательством Республики Казахстан об аудиторской деятельности,
–
влечет предупреждение.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере ста месячных расчетных показателей.
3. Проведение аудита в запрещенных Законом Республики Казахстан «Об
аудиторской деятельности» случаях –
влечет штраф на юридических лиц в размере ста пятидесяти месячных расчетных
показателей с приостановлением действия лицензии.
4. Несообщение Национальному Банку Республики Казахстан и неуведомление
аудируемых финансовых организаций, для которых проведение аудита обязательно, о
нарушениях законодательства Республики Казахстан, регулирующего деятельность
финансового рынка и финансовых организаций, выявленных в результате аудита данных
организаций, –
влекут штраф на юридических лиц в размере ста пятидесяти месячных расчетных
показателей.
5. Несвоевременное предоставление или непредоставление, а равно
предоставление недостоверных сведений аккредитованными профессиональными
аудиторскими организациями в соответствующие уполномоченные органы, информации,
предоставление которой требуется в соответствии с законодательством Республики
Казахстан об аудиторской деятельности, –
влекут штраф в размере ста пятидесяти месячных расчетных показателей.
6. Несообщение аудируемыми субъектами в лице государственных учреждений и
государственных предприятий, а также юридических лиц с участием государства органам
государственного финансового контроля о нарушениях законодательства Республики
Казахстан при использовании бюджетных средств, кредитов, связанных грантов, активов
государства, гарантированных государством займов, выявленных в результате аудита
данных организаций, –
влечет штраф на первых руководителей в размере ста пятидесяти месячных
расчетных показателей.
7. Несвоевременное предоставление или непредоставление аудиторскими
организациями отчетности в уполномоченный орган в соответствии с квалификационными
требованиями и (или) информации по страхованию своей гражданско-правовой
ответственности по форме, утвержденной уполномоченным органом, –
влечет штраф на юридические лица в размере ста пятидесяти месячных расчетных
показателей.
8. Непредставление аудиторского отчета аудиторскими организациями в
Национальный Банк Республики Казахстан –
влечет штраф на юридические лица в размере двухсот месячных расчетных
показателей.
Статья 248. Нарушения, связанные с использованием и
хранением личной печати аудитора
1. Нарушение аудитором требований по надлежащему хранению и использованию
личной печати, установленных законодательством Республики Казахстан об аудиторской
деятельности, –
влечет штраф в размере ста месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно аудитором в течение года после наложения административного взыскания, –
влечет штраф в размере двухсот месячных расчетных показателей.
Статья 249. Предоставление аудируемым субъектом
несвоевременной, недостоверной или неполной
информации аудиторской организации
Предоставление аудируемым субъектом аудиторской организации в ходе проведения
аудита несвоевременной, недостоверной или неполной информации, приведшей к
составлению недостоверного аудиторского отчета, –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере двадцати, на субъектов среднего предпринимательства – в
размере двадцати пяти, на субъектов крупного предпринимательства – в размере ста
месячных расчетных показателей.
Статья 250. Уклонение от проведения обязательного аудита
Уклонение от проведения обязательного аудита либо препятствование его
проведению –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере пятнадцати, на субъектов среднего предпринимательства – в
размере двадцати, на субъектов крупного предпринимательства – в размере двухсот
месячных расчетных показателей.
Статья 251. Невыполнение требования репатриации
национальной и иностранной валюты
Невыполнение требования репатриации национальной и иностранной валюты,
совершенное в виде незачисления национальной и иностранной валюты на банковские
счета в уполномоченных банках:
1) выручки в национальной и иностранной валюте от экспорта товаров (работ,
услуг);
2) национальной и иностранной валюты, переведенной резидентом в пользу
нерезидента за импорт товаров (работ, услуг), подлежащей возврату в связи с
неисполнением или неполным исполнением нерезидентом обязательств по поставке товара
(осуществлению работ, оказанию услуг), –
влечет штраф на субъектов малого предпринимательства, на субъектов среднего
предпринимательства, на субъектов крупного предпринимательства, некоммерческие
организации в размере двадцати процентов от суммы незачисленной национальной и
иностранной валюты, но не более двух тысяч месячных расчетных показателей.
Примечание.
Ответственность за совершение правонарушений, предусмотренных настоящей
статьей, наступает в случаях, когда после истечения срока репатриации сумма
незачисленной национальной и иностранной валюты превышает сумму, эквивалентную
пятидесяти тысячам долларов США, и если эти действия (бездействие) не содержат
признаков уголовно наказуемого деяния.
Физические лица, не являющиеся индивидуальными предпринимателями, не несут
ответственности, предусмотренной настоящей статьей.
Статья 252. Проведение валютных операций с нарушением
валютного законодательства Республики
Казахстан
1. Проведение обменных операций с иностранной валютой не через уполномоченные
банки и их обменные пункты, а также обменные пункты уполномоченных организаций,
проведение запрещенных валютных операций между резидентами, проведение платежей и
переводов денег не через счета в уполномоченных банках, когда такое требование
установлено валютным законодательством Республики Казахстан, –
влекут предупреждение на физических и юридических лиц.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере пятидесяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере шестидесяти, на
субъектов среднего предпринимательства – в размере семидесяти, на субъектов
крупного предпринимательства – в размере ста процентов от суммы операции,
проведенной с нарушением установленного порядка.
3. Несоблюдение уполномоченными банками и уполномоченными организациями
установленных Национальным Банком Республики Казахстан пределов отклонения курса
покупки от курса продажи иностранной валюты за тенге по операциям, проводимым через
обменные пункты, –
влечет штраф на субъектов среднего предпринимательства в размере двухсот, на
субъектов крупного предпринимательства – в размере пятисот месячных расчетных
показателей.
Статья 253. Нарушение специального валютного режима
Нарушение специального валютного режима в части:
1) невыполнения требования получения специального разрешения Национального
Банка Республики Казахстан на проведение валютной операции;
2) невыполнения требования обязательной продажи полученной резидентами
иностранной валюты;
3) использования счетов в иностранных банках;
4) невыполнения требований к порядку проведения валютных операций;
5) несоблюдения иных временных валютных ограничений, введенных Президентом
Республики Казахстан, –
влечет штраф на физических и юридических лиц в размере ста процентов от суммы
операции, проведенной с нарушением специального валютного режима.
Статья 254. Незаконное использование инсайдерской
информации
1. Действия инсайдеров по использованию инсайдерской информации при
совершении сделок с ценными бумагами и (или) производными финансовыми
инструментами, незаконной передаче инсайдерской информации третьим лицам,
предоставлению третьим лицам рекомендаций или предложений о совершении сделок с
ценными бумагами и (или) производными финансовыми инструментами, основанных на
инсайдерской информации, а также невыполнение требований законодательства
Республики Казахстан по предоставлению эмитентам информации юридическими лицами,
признанными инсайдерами, в отношении данных эмитентов, если эти действия не
причинили крупный ущерб, –
влекут штраф на физическое лицо в размере двухсот, на должностное лицо – в
размере четырехсот, на юридическое лицо – в размере шестисот месячных расчетных
показателей.
2. Нарушение эмитентами требований, установленных законодательством
Республики Казахстан, в части осуществления контроля за распоряжением и
использованием инсайдерской информации об эмитенте и выпущенных (предоставленных)
им ценных бумагах (производных финансовых инструментах) –
влечет штраф на юридических лиц в размере шестисот месячных расчетных
показателей.
Статья 255. Недобросовестная реклама деятельности на рынке
ценных бумаг
Недобросовестная реклама деятельности на рынке ценных бумаг путем
представления и распространения субъектами рынка ценных бумаг недостоверных на
момент публикации рекламы сведений –
влечет штраф на физических и юридических лиц в размере ста месячных расчетных
показателей.
Статья 256. Нарушение субъектом рынка ценных бумаг и иными
лицами требований по предоставлению
отчетности, информации, сведений
1. Непредоставление, а равно неоднократное (два и более раза в течение
двенадцати последовательных календарных месяцев) несвоевременное предоставление
субъектом рынка ценных бумаг, а также его участниками (акционерами) и (или)
аффиллиированными лицами отчетности, сведений и (или) иной запрашиваемой информации
–
влекут штраф на физических лиц в размере пятидесяти, на юридических лиц – в
размере двухсот месячных расчетных показателей.
2. Предоставление субъектом рынка ценных бумаг, а также его участниками
(акционерами) и (или) аффиллиированными лицами недостоверных, а равно неполных
отчетности, сведений и (или) иной запрашиваемой информации, в том числе в ходе
проведения проверок деятельности субъектов рынка ценных бумаг, –
влечет штраф на физических лиц в размере пятидесяти, на юридических лиц – в
размере двухсот месячных расчетных показателей.
3. Представление субъектом рынка ценных бумаг заведомо ложных сведений об
операциях с ценными бумагами, не имеющее признаков уголовно наказуемого деяния, –
влечет штраф на юридических лиц в размере двухсот месячных расчетных
показателей.
Примечание. Под отчетностью в части первой настоящей статьи понимаются
документы и отчетность, предоставление которых предусмотрено законодательством
Республики Казахстан в целях государственной регистрации выпуска эмиссионных ценных
бумаг, регистрации изменений и дополнений в проспект выпуска эмиссионных ценных
бумаг, утверждения отчета об итогах размещения и (или) погашения эмиссионных ценных
бумаг, информирования о деятельности представителя держателей облигаций и о
неисполнении либо ненадлежащем исполнении обязательств по облигациям, представления
списка аффилиированных лиц акционерного общества; оценки выполнения требований к
системе управления рисками и внутреннего контроля профессиональных участников рынка
ценных бумаг.
Статья 257. Нарушение прав держателей ценных бумаг
1. Нарушение прав акционеров на управление делами акционерного общества,
порядка распределения части дохода (выплаты дивидендов), на преимущественную
покупку ценных бумаг, на получение информации о деятельности общества, а также
нарушение порядка созыва и проведения общего собрания акционеров,
установленного законодательством Республики Казахстан, –
влекут штраф на юридических лиц в размере четырехсот месячных расчетных
показателей.
2. Нарушение установленных законодательством Республики Казахстан порядка и
условий выплаты вознаграждения по облигациям и (или) их погашения –
влечет штраф на юридических лиц в размере четырехсот месячных расчетных
показателей.
3. Нарушение эмитентом ценных бумаг порядка и условий выкупа размещенных им
ценных бумаг, установленных законодательством Республики Казахстан и (или)
проспектом выпуска данных ценных бумаг, а также неосуществление выкупа размещенных
им ценных бумаг в случаях, установленных законодательством Республики Казахстан и
(или) проспектом выпуска данных ценных бумаг, –
влекут штраф на юридических лиц в размере четырехсот месячных расчетных
показателей.
Статья 258. Нарушение порядка совершения сделок с ценными
бумагами и (или) производными финансовыми
инструментами, а также условий заключения
сделок
Нарушение установленного законодательством Республики Казахстан порядка
совершения сделок с ценными бумагами и (или) производными финансовыми
инструментами, а также условий заключения сделок, установленных законодательством
Республики Казахстан, –
влечет штраф на физических лиц в размере двухсот, на должностных лиц,
субъектов малого предпринимательства – в размере трехсот, на субъектов среднего
предпринимательства – в размере четырехсот, на субъектов крупного
предпринимательства – в размере пятисот месячных расчетных показателей.
Статья 259. Совершение сделок в целях манипулирования
ценами на ценные бумаги
Совершение сделок субъектами рынка ценных бумаг в целях манипулирования
ценами на ценные бумаги –
влечет штраф на физических лиц в размере двухсот, на субъектов малого
предпринимательства – в размере трехсот, на субъектов среднего предпринимательства
– в размере четырехсот, на субъектов крупного предпринимательства – в размере
пятисот месячных расчетных показателей.
Статья 260. Нарушение порядка регистрации сделок с ценными
бумагами, учета и подтверждения прав по ним
1. Нарушение профессиональным участником рынка ценных бумаг порядка ведения
системы реестров держателей ценных бумаг или системы учета номинального держания, а
равно нарушение порядка подтверждения прав по ценным бумагам, если эти действия не
содержат признаков уголовно наказуемого деяния, –
влекут штраф в размере трехсот месячных расчетных показателей.
2. Нарушение профессиональным участником рынка ценных бумаг установленных
законодательством Республики Казахстан порядка и условий передачи документов и
сведений, составляющих систему номинального держания, другому профессиональному
участнику рынка ценных бумаг –
влечет штраф на юридическое лицо в размере четырехсот месячных расчетных
показателей.
Статья 261. Нарушение эмитентом условий и порядка выпуска
и (или) размещения эмиссионных ценных бумаг
1. Нарушение эмитентом условий и порядка выпуска и (или) размещения
эмиссионных ценных бумаг, установленных законодательством Республики Казахстан, в
том числе связанных с нарушением эмитентом, не являющимся финансовой организацией,
установленных проспектом выпуска облигаций условий и порядка использования денег,
полученных от размещения облигаций, за исключением действий, предусмотренных частью
второй настоящей статьи, –
влечет штраф на должностных лиц в размере трехсот, на субъектов малого
предпринимательства, некоммерческие организации – в размере трехсот пятидесяти, на
субъектов среднего предпринимательства – в размере четырехсот, на субъектов
крупного предпринимательства – в размере пятисот месячных расчетных показателей.
2. Нарушение эмитентом условий и порядка размещения эмиссионных ценных бумаг
на территории иностранного государства, установленных законодательством Республики
Казахстан, –
влечет штраф на юридических лиц в размере пятидесяти процентов от суммы
денег, полученных от размещения эмиссионных ценных бумаг.
Статья 262. Нарушение профессиональным участником рынка
ценных бумаг и организатором торгов с ценными
бумагами требований, установленных
законодательством Республики Казахстан к их
деятельности
Неоднократное (два и более раза в течение двенадцати последовательных
календарных месяцев) нарушение профессиональным участником рынка ценных бумаг и
организатором торгов с ценными бумагами требований, установленных законодательством
Республики Казахстан к их деятельности, –
влечет штраф в размере трехсот месячных расчетных показателей.
Статья 263. Нарушение обязанности по раскрытию информации
на рынке ценных бумаг
Невыполнение субъектами рынка ценных бумаг обязанности по раскрытию
информации в порядке и на условиях, определяемых законодательством Республики
Казахстан и (или) внутренними правилами фондовой биржи, а также предоставление
неполной или недостоверной информации о своей деятельности –
влекут штраф на физических лиц в размере пятидесяти, на юридических лиц – в
размере ста месячных расчетных показателей.
Статья 264. Нарушение законодательства Республики
Казахстан о рынке ценных бумаг единым
накопительным пенсионным фондом, добровольными
накопительными пенсионными фондами и
управляющим инвестиционным портфелем
1. Нарушение единым накопительным пенсионным фондом, добровольными
накопительными пенсионными фондами порядка учета пенсионных накоплений на
персональных счетах вкладчиков (получателей), а также нарушение управляющим
инвестиционным портфелем установленного законодательством Республики Казахстан о
рынке ценных бумаг порядка взаимоотношений с банками-кастодианами и единым
накопительным пенсионным фондом, добровольными накопительными пенсионными фондами,
не причинившее крупного ущерба, –
влекут штраф на юридических лиц в размере четырехсот месячных расчетных
показателей.
2. Осуществление единым накопительным пенсионным фондом или добровольным
накопительным пенсионным фондом сделок и операций в нарушение законодательства
Республики Казахстан о рынке ценных бумаг –
влечет штраф на юридических лиц в размере четырехсот месячных расчетных
показателей.
Статья 265. Нарушение требований Закона Республики
Казахстан «Об инвестиционных фондах»
1. Нарушение акционерным инвестиционным фондом, управляющей компанией
инвестиционного фонда требований Закона Республики Казахстан «Об инвестиционных
фондах» к содержанию информации о своей деятельности, показателях, характеризующих
состав и стоимость чистых активов инвестиционного фонда, а также порядка ее
опубликования и распространения –
влечет штраф на юридических лиц в размере четырехсот месячных расчетных
показателей.
2. Распространение или опубликование акционерным инвестиционным фондом,
управляющей компанией инвестиционного фонда неточной, неполной или вводящей в
заблуждение информации –
влечет штраф на юридических лиц в размере четырехсот месячных расчетных
показателей.
Статья 266. Нарушение ограничений, установленных
законодательными актами Республики Казахстан,
по проведению платежей
Осуществление юридическими лицами платежа в наличном порядке по гражданско-
правовой сделке на сумму свыше одной тысячи месячных расчетных показателей в пользу
другого юридического лица –
влечет штраф на юридическое лицо, осуществившее платеж, в размере пяти
процентов от суммы платежа.
Статья 267. Незаконные действия должностных лиц
государственного учреждения и государственного
предприятия на праве оперативного управления
(казенного предприятия) по принятию денежных
обязательств за счет средств государственного
бюджета
1. Незаконные действия должностных лиц государственного учреждения или
государственного предприятия на праве оперативного управления (казенного
предприятия) по принятию денежных обязательств за счет средств государственного
бюджета без установленной законодательством регистрации гражданско-правовых сделок
и (или) сверх сумм смет, утвержденных уполномоченным органом, повлекшие
ответственность Правительства Республики Казахстан или соответствующего местного
исполнительного органа по обязательствам государственного учреждения или
государственного предприятия на праве оперативного управления (казенного
предприятия), –
влекут штраф в размере пятидесяти месячных расчетных показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф в размере ста месячных расчетных показателей.
Статья 268. Нарушение законодательства Республики
Казахстан о товарных биржах
1. Участие работников товарной биржи в биржевых сделках –
влечет штраф в размере ста пятидесяти месячных расчетных показателей.
2. Осуществление товарной биржей торговой и иной деятельности,
непосредственно не связанной с организацией биржевой торговли, –
влечет штраф в размере пятисот месячных расчетных показателей.
3. Реализация товаров, включенных в перечень биржевых товаров, вне товарных
бирж –
влечет штраф на физических лиц в размере семидесяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере ста, на субъектов
среднего предпринимательства – в размере ста сорока, на субъектов крупного
предпринимательства – в размере четырехсот месячных расчетных показателей.
4. Несоблюдение биржевыми брокерами и (или) биржевыми дилерами требований по
ведению учета совершаемых биржевых сделок отдельно по каждому клиенту и хранению
сведений об этих сделках в течение пяти лет со дня совершения сделки –
влечет штраф в размере восьмидесяти месячных расчетных показателей.
Глава 16. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В
ОБЛАСТИ НАЛОГООБЛОЖЕНИЯ Статья 269. Нарушение срока постановки на регистрационный
учет в органе государственных доходов
1. Нарушение установленных законодательными актами Республики Казахстан
сроков подачи налогового заявления о постановке на регистрационный учет в органе
государственных доходов, о регистрационном учете индивидуального предпринимателя,
частного нотариуса, частного судебного исполнителя, адвоката, о регистрационном
учете по отдельным видам деятельности –
влечет предупреждение.
2. Деяние, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере восьми, на частных нотариусов,
частных судебных исполнителей, адвокатов, на субъектов малого предпринимательства
или некоммерческие организации – в размере пятнадцати, на субъектов среднего
предпринимательства – в размере тридцати, на субъектов крупного предпринимательства
– в размере семидесяти месячных расчетных показателей.
3. Нарушение налогоплательщиком установленного законодательными актами
Республики Казахстан срока подачи налогового заявления в орган государственных
доходов о постановке на регистрационный учет по налогу на добавленную стоимость –
влечет штраф на субъектов малого предпринимательства в размере десяти, на
субъектов среднего предпринимательства – в размере пятнадцати, на субъектов
крупного предпринимательства – в размере тридцати процентов от суммы облагаемого
оборота за период непостановки на учет.
Статья 270. Неправомерное осуществление деятельности при
применении специального налогового режима
1. Применение специального налогового режима с нарушением условий,
предусмотренных законодательными актами Республики Казахстан для этого режима, –
влечет предупреждение.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере пятнадцати, на
субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного
предпринимательства – в размере пятидесяти месячных расчетных показателей.
3. Нарушение индивидуальным предпринимателем срока подачи расчета стоимости
патента либо налогового заявления о приостановлении (продлении, возобновлении)
представления налоговой отчетности –
влечет предупреждение.
4. Деяние, предусмотренное частью третьей настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере пятнадцати месячных расчетных показателей.
Статья 271. Осуществление деятельности в период действия
решения органа государственных доходов о
приостановлении представления налоговой
отчетности
1. Осуществление деятельности лицами в период действия решения органа
государственных доходов о приостановлении представления налоговой отчетности –
влечет предупреждение.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на частных нотариусов, частных судебных исполнителей, адвокатов,
на субъектов малого предпринимательства или некоммерческие организации в размере
сорока, на субъектов среднего предпринимательства – в размере сорока пяти, на
субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных
показателей.
Статья 272. Непредставление налоговой отчетности, а также
документов, связанных с условным банковским
вкладом
1. Непредставление налогоплательщиком в орган государственных доходов
налоговой отчетности в срок, установленный законодательными актами Республики
Казахстан, –
влечет предупреждение.
2. Деяние, предусмотренное частью первой настоящей статьи, за исключением
деяния, указанного в части третьей настоящей статьи, совершенное повторно в течение
года после наложения административного взыскания, –
влечет штраф на физических лиц в размере пятнадцати, на частных нотариусов,
частных судебных исполнителей, адвокатов, на субъектов малого предпринимательства
или некоммерческие организации – в размере тридцати, на субъектов среднего
предпринимательства – в размере сорока пяти, на субъектов крупного
предпринимательства – в размере семидесяти месячных расчетных показателей.
3. Деяние, предусмотренное частью первой настоящей статьи, выразившееся в
непредставлении в срок, установленный законодательными актами Республики Казахстан,
отчетности по мониторингу, совершенное повторно в течение года после наложения
административного взыскания, –
влечет штраф на крупных налогоплательщиков, подлежащих мониторингу, в размере
пятисот пятидесяти месячных расчетных показателей.
4. Непредставление либо несвоевременное представление в орган
государственных доходов налоговым агентом договора об условном банковском вкладе в
случае уплаты подоходного налога через условный банковский вклад –
влечет штраф на частных нотариусов, частных судебных исполнителей, адвокатов,
на субъектов малого предпринимательства, в том числе на юридических лиц-
нерезидентов, осуществляющих деятельность в Республике Казахстан через постоянное
учреждение, филиал, представительство, в размере двадцати, на субъектов среднего
предпринимательства, в том числе на юридических лиц-нерезидентов, осуществляющих
деятельность в Республике Казахстан через постоянное учреждение, филиал,
представительство, – в размере тридцати, на субъектов крупного предпринимательства,
в том числе на юридических лиц-нерезидентов, осуществляющих деятельность в
Республике Казахстан через постоянное учреждение, филиал, представительство, – в
размере пятидесяти месячных расчетных показателей.
5. Непредставление налогоплательщиком в орган государственных доходов
документов, необходимых для определения суммы прибыли или части прибыли
юридического лица-нерезидента, расположенного и (или) зарегистрированного в
государстве с льготным налогообложением, подлежащей налогообложению в соответствии
с Налоговым кодексом Республики Казахстан, –
влечет штраф на физических лиц в размере ста, на субъектов малого
предпринимательства – в размере ста пятидесяти, на субъектов среднего
предпринимательства – в размере двухсот, на субъектов крупного предпринимательства
– в размере пятисот месячных расчетных показателей.
Статья 273. Непредставление отчетности по мониторингу
сделок, а также документов, необходимых для
осуществления контроля при трансфертном
ценообразовании
1. Непредставление налогоплательщиком в орган государственных доходов
отчетности по мониторингу сделок в срок, установленный законодательством Республики
Казахстан о трансфертном ценообразовании, а также непредставление в срок,
установленный уполномоченным органом, либо отказ в представлении налогоплательщиком
документов (в том числе в электронном виде), необходимых для осуществления контроля
при трансфертном ценообразовании, –
влекут штраф на субъектов малого предпринимательства или некоммерческие
организации в размере ста, на субъектов среднего предпринимательства – в размере
двухсот, на субъектов крупного предпринимательства – в размере трехсот пятидесяти
месячных расчетных показателей.
2. Выявление расхождений более двухтысячекратного размера месячного
расчетного показателя, установленного на соответствующий финансовый год законом о
республиканском бюджете, между данными отчетности по мониторингу сделок и данными,
полученными в ходе проверки, –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере ста, на субъектов среднего предпринимательства – в размере
двухсот, на субъектов крупного предпринимательства – в размере трехсот месячных
расчетных показателей.
3. Действия (бездействие), предусмотренные частью первой настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф на субъектов малого предпринимательства или некоммерческие
организации в размере ста двадцати пяти, на субъектов среднего предпринимательства
– в размере двухсот пятидесяти, на субъектов крупного предпринимательства – в
размере семисот пятидесяти месячных расчетных показателей.
Статья 274. Нарушение мер финансового контроля
1. Умышленное непредставление или представление неполных, недостоверных
деклараций и сведений о доходах и имуществе, являющихся объектом налогообложения,
лицом, занимающим государственную должность, лицом, уволенным с государственной
службы по отрицательным мотивам, а равно супругом (супругой) указанных лиц в сроки,
установленные законодательством Республики Казахстан, -
влечет штраф в размере пятидесяти месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере двухсот месячных расчетных показателей.
Сноска. Статья 274 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 275. Сокрытие объектов налогообложения
1. Сокрытие налогоплательщиком объектов налогообложения –
влечет штраф на физических лиц, субъектов малого предпринимательства или
некоммерческие организации, на субъектов среднего предпринимательства, на субъектов
крупного предпринимательства в размере ста пятидесяти процентов от суммы налогов и
других обязательных платежей, подлежащих уплате по сокрытому объекту
налогообложения.
2. Действия (бездействие), предусмотренные частью первой настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц, субъектов малого предпринимательства или
некоммерческие организации, на субъектов среднего предпринимательства, на субъектов
крупного предпринимательства в размере двухсот процентов от суммы налогов и других
обязательных платежей, подлежащих уплате по сокрытому объекту налогообложения.
Примечание. Для целей части первой настоящей статьи под сокрытием объектов
налогообложения понимается также непринятие налогоплательщиком на учет товаров,
импортированных на территорию Республики Казахстан с территории государств-членов
Таможенного союза.
Статья 276. Отсутствие учетной документации и нарушение
ведения налогового учета
1. Отсутствие у налогоплательщика учетной документации и (или) несоблюдение
требований по составлению и хранению учетной документации, установленных
законодательством Республики Казахстан, –
влекут предупреждение.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на субъектов малого предпринимательства или некоммерческие
организации в размере двадцати пяти, на субъектов среднего предпринимательства – в
размере пятидесяти, на субъектов крупного предпринимательства – в размере
семидесяти пяти месячных расчетных показателей.
3. Неотражение в учетной документации операций по учету и реализации товаров
(работ, услуг) –
влечет штраф на субъектов малого предпринимательства в размере трех, на
субъектов среднего предпринимательства – в размере пяти, на субъектов крупного
предпринимательства – в размере десяти процентов от стоимости неучтенных товаров
(работ, услуг).
Примечание. Под отсутствием у налогоплательщика учетной документации
понимается отсутствие бухгалтерской документации и (или) налоговых форм, налоговой
учетной политики, иных документов, являющихся основанием для определения объектов
налогообложения и (или) объектов, связанных с налогообложением, а также для
исчисления налогового обязательства.
Статья 277. Уклонение от уплаты начисленных (исчисленных)
сумм налогов и других обязательных платежей в
бюджет
Уклонение от уплаты начисленных (исчисленных) сумм налогов и других
обязательных платежей в бюджет, совершенное путем осуществления налогоплательщиком
взаиморасчетов с третьими лицами при наличии задолженности в период действия
распоряжения органа государственных доходов о приостановлении расходных операций по
кассе, если это действие не содержит признаков уголовно наказуемого деяния, –
влечет штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере пятнадцати месячных
расчетных показателей, на субъектов среднего предпринимательства – в размере
тридцати, на субъектов крупного предпринимательства – в размере пятидесяти
процентов от суммы произведенных расчетов.
Статья 278. Занижение сумм налогов и других обязательных
платежей в бюджет
1. Занижение сумм налогов и других обязательных платежей в декларации,
расчете, заявлении о ввозе товаров и уплате косвенных налогов, если это действие не
содержит признаков уголовно наказуемого деяния, –
влечет штраф на физических лиц в размере десяти месячных расчетных
показателей, на частных нотариусов, частных судебных исполнителей, адвокатов, на
субъектов малого предпринимательства или некоммерческие организации – в размере
пятнадцати, на субъектов среднего предпринимательства – в размере тридцати, на
субъектов крупного предпринимательства – в размере пятидесяти процентов от
начисленной суммы налогов и других обязательных платежей в бюджет.
2. Занижение налогоплательщиком сумм текущих платежей в расчете, если это
действие не содержит признаков уголовно наказуемого деяния, –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации, на субъектов среднего предпринимательства в размере тридцати, на
субъектов крупного предпринимательства – в размере пятидесяти процентов от
заниженной суммы текущих платежей.
3. Превышение суммы фактически исчисленного корпоративного подоходного
налога за налоговый период над суммой исчисленных авансовых платежей в течение
налогового периода в размере более двадцати процентов, если это действие не
содержит признаков уголовно наказуемого деяния, –
влечет штраф в размере сорока процентов от суммы превышения фактического
налога.
4. Исключен Законом РК от 29.12.2014 № 272-V (вводится в действие
01.01.2015).
Примечания.
1. Для целей части первой настоящей статьи при определении суммы
административного взыскания по начисленной сумме налога на добавленную стоимость
учитывается сумма переплаты по налогу на добавленную стоимость по лицевому счету
налогоплательщика на дату установленного срока уплаты налога на добавленную
стоимость за налоговый период.
В случае налоговой проверки более одного налогового периода сумма переплаты
по лицевому счету на дату установленного срока уплаты за каждый последующий
налоговый период определяется с учетом начисленной и (или) уменьшенной суммы налога
на добавленную стоимость за предыдущие налоговые периоды, включенные в данную
налоговую проверку.
2. Для целей части первой настоящей статьи в случае, если лицо подлежит
административной ответственности за занижение сумм косвенных налогов в заявлении о
ввозе товаров и уплате косвенных налогов, такое лицо не подлежит административной
ответственности отдельно за занижение указанных сумм косвенных налогов в декларации
по косвенным налогам по импортированным товарам.
3. Для целей части третьей настоящей статьи лицо также подлежит
административной ответственности в случае непредставления в течение налогового
периода расчетов авансовых платежей по корпоративному подоходному налогу,
подлежащих представлению в соответствии с налоговым законодательством Республики
Казахстан. При этом исчисленная сумма авансовых платежей приравнивается к нулю.
4. Для целей части третьей настоящей статьи при определении превышения не
учитывается превышение, образовавшееся в связи с произведенной корректировкой
налога на добычу полезных ископаемых в соответствии с пунктом 3 статьи 335 и
(или) подпунктом 1) пункта 3 статьи 338 Налогового кодекса Республики Казахстан.
Сноска. Статья 278 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 279. Невыполнение налоговым агентом обязанности по
удержанию и (или) перечислению налогов
1. Неудержание или неполное удержание налоговым агентом сумм налогов,
подлежащих удержанию и (или) перечислению в бюджет, в срок, установленный
налоговым законодательством Республики Казахстан, –
влечет штраф на частных нотариусов, частных судебных исполнителей, адвокатов,
на субъектов малого предпринимательства или некоммерческие организации в размере
двадцати, на субъектов среднего предпринимательства – в размере тридцати, на
субъектов крупного предпринимательства – в размере пятидесяти процентов от
неудержанной суммы налогов и других обязательных платежей.
2. Неперечисление или неполное перечисление налоговым агентом удержанных сумм
налогов, подлежащих перечислению в бюджет, в срок, установленный налоговым
законодательством Республики Казахстан, –
влечет штраф на частных нотариусов, частных судебных исполнителей, адвокатов,
на субъектов малого предпринимательства или некоммерческие организации в размере
пяти, на субъектов среднего предпринимательства – в размере десяти, на субъектов
крупного предпринимательства – в размере двадцати месячных расчетных показателей.
Примечание. Лицо не подлежит привлечению к административной ответственности,
предусмотренной настоящей статьей, по удержанным (подлежащим удержанию) суммам
налогов, выявленным налоговым агентом самостоятельно и указанным в дополнительной
налоговой отчетности, при условии их перечисления в бюджет не позднее трех рабочих
дней со дня представления дополнительной налоговой отчетности в орган
государственных доходов.
Статья 280. Выписка фиктивного счета-фактуры
Выписка налогоплательщиком фиктивного счета-фактуры –
влечет штраф на субъектов малого предпринимательства в размере тридцати пяти
месячных расчетных показателей, на субъектов среднего предпринимательства – в
размере ста двадцати, на субъектов крупного предпринимательства – в размере двухсот
процентов от суммы налога на добавленную стоимость, включенной в счет-фактуру.
Примечание. Фиктивным счетом-фактурой признается счет-фактура, выписанный
плательщиком, не состоящим на регистрационном учете по налогу на добавленную
стоимость, а равно лицом, фактически не производившим выполнение работ, оказание
услуг, отгрузку товаров, и включающий в себя сумму налога на добавленную стоимость.
Статья 281. Нарушение законодательства Республики
Казахстан в области государственного
регулирования производства и оборота отдельных
видов нефтепродуктов и подакцизных товаров, за
исключением биотоплива, этилового спирта и
алкогольной продукции
1. Нарушение правил оформления сопроводительных накладных, декларирования
отдельных видов нефтепродуктов и подакцизных товаров, за исключением биотоплива,
этилового спирта и алкогольной продукции, а равно непредставление либо
несвоевременное представление сопроводительных накладных, а также деклараций по
производству и обороту отдельных видов нефтепродуктов и подакцизных товаров, за
исключением биотоплива, этилового спирта и алкогольной продукции, –
влекут штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства или некоммерческие организации в размере сорока пяти, на
субъектов среднего предпринимательства – в размере семидесяти, на субъектов
крупного предпринимательства – в размере ста месячных расчетных показателей.
2. Деяния, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере пятидесяти, на субъектов малого
предпринимательства – в размере семидесяти пяти, на субъектов среднего
предпринимательства – в размере ста, на субъектов крупного предпринимательства – в
размере двухсот месячных расчетных показателей.
3. Нарушение законодательства Республики Казахстан в области государственного
регулирования производства и оборота табачных изделий, совершенное в виде:
1) отказа в представлении уполномоченному органу сведений или предоставления
недостоверной информации в сфере производства и оборота табачных изделий, а равно
непредоставления в течение тридцати календарных дней в письменном виде информации о
внесенных изменениях и дополнениях в паспорт производства;
2) производства табачных изделий не по адресу, указанному в лицензии, на
оборудовании, не соответствующем требованиям, установленным законодательством
Республики Казахстан;
3) неосуществления деятельности по производству табачных изделий в течение
года со дня выдачи лицензии, –
влечет штраф на субъектов малого предпринимательства в размере ста, на
субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного
предпринимательства – в размере семисот месячных расчетных показателей, с
приостановлением действия лицензии на соответствующий вид деятельности.
4. Деяния, предусмотренные частью третьей настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на субъектов малого предпринимательства в размере ста
пятидесяти, на субъектов среднего предпринимательства – в размере трехсот, на
субъектов крупного предпринимательства – в размере девятисот месячных расчетных
показателей, с лишением лицензии на соответствующий вид деятельности.
5. Нарушение условий производства и (или) оборота отдельных видов
нефтепродуктов и подакцизных товаров, за исключением биотоплива, этилового спирта и
алкогольной продукции, совершенное в виде:
1) оборота этилированного бензина и (или) некондиционных нефтепродуктов, а
также их хранения без дальнейшей переработки физическими и (или) юридическими
лицами;
2) оборота отдельных видов нефтепродуктов без сопроводительных накладных;
3) реализации нефтепродуктов лицами, за исключением производителей и
поставщиков нефти, не с баз нефтепродуктов, автозаправочных станций;
4) срыва наложенных на контрольные приборы учета пломб;
5) оборота (кроме экспорта) табачных изделий ниже установленных
Правительством Республики Казахстан минимальных цен;
6) реализации нефтепродуктов с автозаправочных станций передвижного типа не
на землях сельскохозяйственного назначения в местах сосредоточения
сельскохозяйственной техники на полевых работах;
7) оборота нефтепродуктов, включающих металлосодержащие присадки (железо,
марганец, свинец и другие, кроме антистатических присадок для дизельного топлива)
физическими и (или) юридическими лицами;
Примечание РЦПИ!
Подпункт 8) вводится в действие с 01.01.2016 в соответствии с Кодексом РК от
05.07.2014 № 235-V.
8) реализации и (или) отгрузки отдельных видов нефтепродуктов производителями
нефтепродуктов, поставщиками нефти, оптовыми поставщиками нефтепродуктов или
розничными реализаторами нефтепродуктов без контрольных приборов учета (КПУ) либо
минуя КПУ;
9) передачи в аренду собственниками нефтебаз, резервуара для реализации и
(или) хранения в целях последующей реализации нефтепродуктов одновременно двум и
более физическим и (или) юридическим лицам;
10) реализации нефтепродуктов оптовыми поставщиками нефтепродуктов,
приобретающими нефтепродукты у производителей и поставщиков нефти, не розничным
реализаторам нефтепродуктов или не конечным потребителям, –
влечет штраф на физических лиц в размере ста пятидесяти, на субъектов малого
предпринимательства – в размере двухсот двадцати пяти, на субъектов среднего
предпринимательства – в размере трехсот пятидесяти, на субъектов крупного
предпринимательства – в размере восьмисот месячных расчетных показателей, с
конфискацией нефтепродуктов, являющихся непосредственными предметами совершения
административного правонарушения, и (или) доходов, полученных вследствие совершения
правонарушения.
6. Действия, предусмотренные частью пятой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере двухсот, на субъектов малого
предпринимательства – в размере трехсот, на субъектов среднего предпринимательства
– в размере четырехсот, на субъектов крупного предпринимательства – в размере одной
тысячи месячных расчетных показателей, с конфискацией нефтепродуктов, являющихся
непосредственными предметами совершения административного правонарушения, и (или)
доходов, полученных вследствие совершения правонарушения.
Статья 282. Нарушение законодательства Республики
Казахстан о государственном регулировании
производства и оборота этилового спирта и
алкогольной продукции
1. Нарушение правил представления деклараций по производству и обороту
этилового спирта и алкогольной продукции, правил оформления и использования
сопроводительных накладных на этиловый спирт и (или) алкогольную продукцию, а равно
непредставление деклараций по производству и обороту этилового спирта и алкогольной
продукции, а также сопроводительных накладных на этиловый спирт и алкогольную
продукцию -
влекут штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства - в размере тридцати пяти, на субъектов среднего
предпринимательства - в размере семидесяти, на субъектов крупного
предпринимательства - в размере ста месячных расчетных показателей.
2. Деяния, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, -
влекут штраф на физических лиц в размере пятидесяти, на субъектов малого
предпринимательства - в размере семидесяти, на субъектов среднего
предпринимательства - в размере ста, на субъектов крупного предпринимательства - в
размере двухсот месячных расчетных показателей.
3. Нарушение условий оборота и перемещения этилового спирта и алкогольной
продукции, совершенное в виде:
1) хранения и реализации алкогольной продукции вне мест, установленных
законами Республики Казахстан;
2) оборота алкогольной продукции в комбинированной полимерной таре, в том
числе в картонной упаковке с полиэтиленовым покрытием и фольгированном
полиэтиленовом пакете, помещенном в картонную коробку, а равно в грязных,
деформированных, с явными признаками боя, с поврежденной укупоркой бутылках, а
также имеющей общее помутнение, посторонние включения, осадок (кроме коллекционных
вин);
3) оборота алкогольной продукции в жестяной таре (кроме пива и
слабоградусных ликероводочных изделий с крепостью менее двенадцати процентов), в
бутылках без этикеток и пластиковых емкостях;
4) розничной реализации водок и водок особых, крепких ликероводочных изделий
ниже минимальных розничных цен, установленных Правительством Республики Казахстан;
5) хранения и оптовой реализации алкогольной продукции двумя и более
лицензиатами в одном складском помещении;
Примечание РЦПИ!
Подпункт 6) вводится в действие с 01.01.2016 в соответствии с Кодексом РК от
05.07.2014 № 235-V.
6) хранения и реализации без наличия приборов, определяющих элементы защиты
учетно-контрольных марок и (или) считывающих информацию с учетно-контрольных марок
алкогольной продукции, подлежащей маркировке учетно-контрольными марками;
7) оборота и перемещения этилового спирта и (или) алкогольной продукции без
наличия сопроводительных накладных, -
влечет штраф на физических лиц в размере пятидесяти, на субъектов малого
предпринимательства - в размере семидесяти пяти, на субъектов среднего
предпринимательства - в размере ста пятидесяти, на субъектов крупного
предпринимательства - в размере двухсот, на юридических лиц, являющихся субъектами
крупного предпринимательства, - в размере шестисот месячных расчетных показателей,
с конфискацией подакцизных товаров, явившихся непосредственным предметом
правонарушения
4. Действия, предусмотренные частью третьей настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, -
влекут штраф на физических лиц в размере ста, на субъектов малого
предпринимательства - в размере двухсот, на субъектов среднего предпринимательства
- в размере двухсот пятидесяти, на субъектов крупного предпринимательства - в
размере восьмисот месячных расчетных показателей, с конфискацией подакцизных
товаров, явившихся непосредственным предметом правонарушения.
5. Нарушение условий производства этилового спирта и (или) алкогольной
продукции, совершенное в виде:
1) непредставления производителем до тридцати календарных дней со дня
внесения изменений или дополнений в паспорт производства в письменном виде
информации о внесенных изменениях или дополнениях в паспорт производства;
Примечание РЦПИ!
Подпункт 2) предусмотрен в редакции Закона РК от 29.12.2014 № 272-V (вводится
в действие 01.01.2016).
2) производства этилового спирта и (или) алкогольной продукции (кроме
насыщенного двуокисью углерода) без спиртоизмеряющих аппаратов и (или) контрольных
приборов учета либо со спиртоизмеряющими аппаратами и (или) контрольными приборами
учета, не осуществляющими автоматизированную передачу информации об объемах
выработки уполномоченному органу;
Примечание РЦПИ!
Подпункт 3) предусмотрен в редакции Закона РК от 29.12.2014 № 272-V (вводится
в действие 01.01.2016).
3) производства этилового спирта и (или) алкогольной продукции (кроме
насыщенного двуокисью углерода) с неисправными спиртоизмеряющими аппаратами и (или)
контрольными приборами учета, а равно со сверхнормативными отклонениями в учете;
4) производства этилового спирта и алкогольной продукции двумя и более
лицензиатами на одних и тех же стационарных помещениях и оборудовании, -
влечет штраф на субъектов среднего предпринимательства в размере двухсот, на
субъектов крупного предпринимательства - в размере семисот месячных расчетных
показателей, с приостановлением действия лицензии на соответствующий вид
деятельности.
6. Деяние, предусмотренное частью пятой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, -
влечет штраф на субъектов среднего предпринимательства в размере трехсот, на
субъектов крупного предпринимательства - в размере девятисот месячных расчетных
показателей, с лишением лицензии на соответствующий вид деятельности.
7. Нарушение условий производства и оборота этилового спирта и (или)
алкогольной продукции, совершенное в виде:
1) осуществления деятельности в период приостановления действия лицензии по
такой деятельности;
2) производства алкогольной продукции из этилового спирта, произведенного не
из пищевого сырья, -
влечет штраф на субъектов малого предпринимательства в размере ста, на
субъектов среднего предпринимательства - в размере двухсот, на субъектов крупного
предпринимательства - в размере семисот месячных расчетных показателей, с лишением
лицензии на соответствующий вид деятельности.
8. Неуплата ежегодного лицензионного сбора в сроки и размерах, которые
установлены Кодексом Республики Казахстан «О налогах и других обязательных платежах
в бюджет» (Налоговый кодекс), -
влечет штраф на субъектов малого предпринимательства в размере ста
пятидесяти, на субъектов среднего предпринимательства - в размере двухсот, на
субъектов крупного предпринимательства - в размере семисот месячных расчетных
показателей, с приостановлением действия лицензии на соответствующий вид
деятельности.
9. Неустранение нарушений, предусмотренных частью восьмой настоящей статьи, в
течение срока приостановления действия лицензии -
влечет штраф на субъектов малого предпринимательства в размере ста
пятидесяти, на субъектов среднего предпринимательства - в размере двухсот, на
субъектов крупного предпринимательства - в размере семисот месячных расчетных
показателей, с лишением лицензии на соответствующий вид деятельности.
10. Несоблюдение минимального процента использования производственной
мощности и минимальных объемов производства при производстве этилового спирта
(кроме коньячного спирта), водок и водок особых -
влечет штраф на субъектов среднего предпринимательства в размере пятисот, на
субъектов крупного предпринимательства - в размере тысячи месячных расчетных
показателей, с приостановлением действия лицензии на соответствующий вид
деятельности.
11. Деяние, предусмотренное частью десятой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, -
влечет штраф на субъектов среднего предпринимательства в размере тысячи, на
субъектов крупного предпринимательства - в размере двух тысяч месячных расчетных
показателей, с лишением лицензии на соответствующий вид деятельности.
12. Хранение и реализация алкогольной продукции в зданиях и на территориях
организаций здравоохранения, образования, физкультурно-оздоровительных, спортивных
и спортивно-технических сооружений, автозаправочных станций, торговых рынков,
культурно-досуговых организаций -
влекут приостановление действия лицензии.
13. Действия, предусмотренные частью двенадцатой настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, -
влекут лишение лицензии.
Сноска. Статья 282 в редакции Закона РК от 29.12.2014 № 272-V (вводится в
действие 01.01.2015).
Статья 283. Нарушение правил маркировки (перемаркировки)
алкогольной продукции, за исключением
виноматериала и пива, учетно-контрольными
марками и табачных изделий акцизными марками
1. Нарушение производителем или импортером правил маркировки (перемаркировки)
алкогольной продукции, за исключением виноматериала и пива, учетно-контрольными
марками и табачных изделий акцизными марками -
влечет штраф на субъектов среднего предпринимательства в размере двухсот, на
субъектов крупного предпринимательства - в размере пятисот месячных расчетных
показателей, с конфискацией подакцизных товаров, явившихся непосредственным
предметом правонарушения, а также с лишением лицензии на соответствующий вид
деятельности.
2. Оборот подакцизных товаров, подлежащих маркировке акцизными и (или)
учетно-контрольными марками, совершенный в виде хранения, реализации и (или)
транспортировки подакцизной продукции без акцизных и (или) учетно-контрольных
марок, а равно с марками неустановленного образца и (или) не поддающимися
идентификации, -
влечет штраф на физических лиц в размере пятидесяти, на субъектов малого
предпринимательства - в размере ста пятидесяти, на субъектов среднего
предпринимательства - в размере двухсот, на субъектов крупного предпринимательства
- в размере пятисот месячных расчетных показателей, с конфискацией подакцизных
товаров, явившихся непосредственным предметом правонарушения, а также с лишением
лицензии на соответствующий вид деятельности.
Сноска. Статья 283 в редакции Закона РК от 29.12.2014 № 272-V (вводится в
действие 01.01.2015).
Статья 284. Нарушение порядка применения
контрольно-кассовых машин
1. Неприменение контрольно-кассовой машины при осуществлении на территории
Республики Казахстан денежных расчетов, производимых при торговых операциях,
выполнении работ, оказании услуг посредством наличных денег, а также применение
контрольно-кассовой машины, являющейся неисправной или не состоящей на учете в
органе государственных доходов по месту использования, –
влекут предупреждение.
2. Действия (бездействие), предусмотренные частью первой настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф на частных нотариусов, частных судебных исполнителей, субъектов
малого предпринимательства в размере пятнадцати, на субъектов среднего
предпринимательства – в размере тридцати, на субъектов крупного предпринимательства
– в размере пятидесяти месячных расчетных показателей.
3. Невыдача чека контрольно-кассовой машины или товарного чека либо выдача
чека контрольно-кассовой машины или товарного чека на сумму больше или меньше
уплаченной за товар или услугу –
влечет предупреждение.
4. Деяние, предусмотренное частью третьей настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на частных нотариусов, частных судебных исполнителей, субъектов
малого предпринимательства в размере двадцати, на субъектов среднего
предпринимательства – в размере тридцати, на субъектов крупного предпринимательства
– в размере сорока месячных расчетных показателей.
5. Нарушение сроков подачи налогового заявления для внесения изменений в
регистрационные данные контрольно-кассовой машины, замены (восстановления) книги
учета наличных денег или книги товарных чеков, а также при технической
неисправности контрольно-кассовой машины, устранение которой невозможно без
нарушения целостности пломбы органа государственных доходов, –
влечет предупреждение.
6. Деяние, предусмотренное частью пятой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на частных нотариусов, частных судебных исполнителей, субъектов
малого предпринимательства в размере тридцати, на субъектов среднего
предпринимательства – в размере сорока, на субъектов крупного предпринимательства –
в размере пятидесяти месячных расчетных показателей.
7. Неотражение в контрольном чеке контрольно-кассовой машины одного или
нескольких из следующих реквизитов:
1) наименование налогоплательщика;
2) идентификационный номер;
3) заводской номер контрольно-кассовой машины;
4) регистрационный номер контрольно-кассовой машины в органе государственных
доходов;
5) порядковый номер чека;
6) дата и время совершения покупки товаров, выполнения работ, оказания услуг;
7) цена товара, работы, услуги и (или) сумма покупки;
8) фискальный признак либо неотражение в контрольном чеке компьютерных
систем (за исключением компьютерных систем, применяемых банками и организациями,
осуществляющими отдельные виды банковских операций) одного или нескольких
реквизитов, установленных подпунктами 1) – 7) настоящей части, –
влечет предупреждение.
8. Деяние, предусмотренное частью седьмой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на частных нотариусов, частных судебных исполнителей, субъектов
малого предпринимательства в размере двадцати, на субъектов среднего
предпринимательства – в размере тридцати, на субъектов крупного предпринимательства
– в размере сорока месячных расчетных показателей.
9. Незаполнение книги учета наличных денег при эксплуатации контрольно-
кассовой машины либо несоответствие показаний сменных отчетов данным книги учета
наличных денег на соответствующую дату, либо непроведение записи в книге учета
наличных денег при осуществлении в контрольно-кассовой машине операций
аннулирования ошибочно введенной суммы или возврата наличных денег за реализованные
товары, выполненные работы, оказанные услуги –
влечет предупреждение.
10. Деяние, предусмотренное частью девятой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влекут штраф на частных нотариусов, частных судебных исполнителей, субъектов
малого предпринимательства в размере двадцати, на субъектов среднего
предпринимательства – в размере тридцати, на субъектов крупного предпринимательства
– в размере сорока месячных расчетных показателей.
11. Несоответствие показаний отчета о текущем состоянии кассы сумме наличных
денег в кассе на момент снятия фискального отчета с учетом сумм приема и выдачи
наличных денег, не связанных с реализацией товаров, выполнением работ, оказанием
услуг, отраженных в книге учета наличных денег, выявленное в ходе налоговой
проверки, –
влечет предупреждение.
12. Деяние, предусмотренное частью одиннадцатой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф на частных нотариусов, частных судебных исполнителей, субъектов
малого предпринимательства в размере двадцати, на субъектов среднего
предпринимательства – в размере тридцати, на субъектов крупного предпринимательства
– в размере сорока месячных расчетных показателей.
13. Нарушение сроков хранения сменного отчета, книги учета наличных денег,
товарных чеков, регистрационной карточки контрольно-кассовой машины, чека
аннулирования или возврата, а также контрольного чека, по которому проведена
операция аннулирования или возврата, установленных налоговым законодательством
Республики Казахстан, –
влечет предупреждение.
14. Деяние, предусмотренное частью тринадцатой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на частных нотариусов, частных судебных исполнителей, субъектов
малого предпринимательства в размере двадцати, на субъектов среднего
предпринимательства – в размере тридцати, на субъектов крупного предпринимательства
– в размере сорока месячных расчетных показателей.
15. Проведение в контрольно-кассовой машине операций аннулирования ошибочно
введенной суммы или возврата наличных денег за реализованные товары, выполненные
работы, оказанные услуги без наличия оригинала контрольного чека на реализованные
товары, выполненные работы, оказанные услуги –
влечет предупреждение.
16. Деяние, предусмотренное частью пятнадцатой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на частных нотариусов, частных судебных исполнителей, субъектов
малого предпринимательства в размере тридцати, на субъектов среднего
предпринимательства – в размере сорока, на субъектов крупного предпринимательства –
в размере пятидесяти месячных расчетных показателей.
17. Нарушение срока представления контрольно-кассовой машины в орган
государственных доходов для установки пломбы после устранения технической
неисправности контрольно-кассовой машины, устранение которой невозможно без
нарушения целостности пломбы органа государственных доходов, –
влечет предупреждение.
18. Деяние, предусмотренное частью семнадцатой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на частных нотариусов, частных судебных исполнителей, субъектов
малого предпринимательства в размере тридцати, на субъектов среднего
предпринимательства – в размере сорока, на субъектов крупного предпринимательства –
в размере пятидесяти месячных расчетных показателей.
Статья 285. Неисполнение банками и организациями,
осуществляющими отдельные виды банковских
операций, обязанностей, установленных
налоговым законодательством Республики
Казахстан
1. Неисполнение банками и организациями, осуществляющими отдельные виды
банковских операций, обязанностей, установленных налоговым законодательством
Республики Казахстан, совершенное в виде:
1) неуведомления органов государственных доходов об открытии
налогоплательщику – юридическому лицу, включая нерезидента, его структурным
подразделениям, физическому лицу, состоящему на регистрационном учете в качестве
индивидуального предпринимателя, частного нотариуса, частного судебного
исполнителя, адвоката, иностранцу и лицу без гражданства банковских счетов
посредством передачи по информационно-коммуникационной сети, обеспечивающей
гарантированную доставку сообщений, не позднее одного рабочего дня, следующего за
днем их открытия, либо при направлении уведомления на бумажном носителе – в течение
трех рабочих дней;
2) проведения операции по банковским счетам клиентов без идентификационного
номера в платежных документах (за исключением векселя и платежных документов, на
основании которых производятся прием и выдача банком наличных денег);
3) неисполнения в первоочередном порядке платежного поручения
налогоплательщика по уплате налогов и других обязательных платежей в бюджет,
инкассовых распоряжений органов государственных доходов о взыскании налогов, других
обязательных платежей, пени и штрафов – не позднее одного операционного дня,
следующего за днем получения указания налогоплательщика либо органов
государственных доходов;
4) неприостановления по распоряжению органов государственных доходов
расходных операций в пределах суммы налоговой задолженности, указанной в таком
распоряжении, на банковских счетах (за исключением корреспондентских) физического
лица, состоящего на регистрационном учете в качестве индивидуального
предпринимателя, частного нотариуса, частного судебного исполнителя, адвоката,
юридического лица, структурного подразделения юридического лица, структурного
подразделения юридического лица-нерезидента, осуществляющего деятельность в
Республике Казахстан через постоянное учреждение, в порядке, установленном законами
Республики Казахстан;
5) непредставления в орган государственных доходов в течение срока,
установленного налоговым законодательством Республики Казахстан, отчета о движении
денег, размещенных на условном банковском вкладе в течение отчетного квартала, при
наличии такого движения денег по форме, установленной уполномоченным органом;
6) открытия своему клиенту нового банковского счета при наличии у последнего
в данном банке открытого банковского счета, на который органами государственных
доходов выставлены инкассовые распоряжения или распоряжения о приостановлении
расходных операций по банковским счетам налогоплательщика;
7) открытия банковского счета бездействующему налогоплательщику, –
влечет штраф в размере пяти процентов от суммы совершенных расходных операций
по банковским счетам налогоплательщиков за период неисполнения банком обязанностей,
установленных налоговым законодательством Республики Казахстан.
2. Неперечисление или несвоевременное перечисление банками и организациями,
осуществляющими отдельные виды банковских операций, сумм налогов в бюджет,
размещенных по договорам об условном банковском вкладе, –
влечет штраф в размере пятидесяти процентов от суммы неперечисленного или
несвоевременно перечисленного налога и другого обязательного платежа в бюджет,
размещенного на условном банковском вкладе.
3. Неисполнение банками и организациями, осуществляющими отдельные виды
банковских операций, обязанностей, установленных налоговым законодательством,
совершенное в виде:
1) неуведомления органов государственных доходов о закрытии налогоплательщику
– юридическому лицу, включая нерезидента, его структурным подразделениям,
физическому лицу, состоящему на регистрационном учете в качестве индивидуального
предпринимателя, частного нотариуса, частного судебного исполнителя, адвоката,
иностранцу и лицу без гражданства банковских счетов посредством передачи по
информационно-коммуникационной сети, обеспечивающей гарантированную доставку
сообщений, не позднее одного рабочего дня, следующего за днем их открытия, либо при
направлении уведомления на бумажном носителе – в течение трех рабочих дней;
2) приема платежных документов в уплату налогов и других обязательных
платежей в бюджет, социальных отчислений, перечисления обязательных пенсионных
взносов и обязательных профессиональных пенсионных взносов с неправильно указанным
идентификационным номером;
3) приема платежных документов в уплату налогов на транспортное средство с
неправильно указанным идентификационным номером транспортного средства;
4) неуведомления уполномоченного органа о приостановлении начисления
вознаграждения физическому лицу, состоящему на регистрационном учете в качестве
индивидуального предпринимателя, или юридическому лицу при прекращении признания
доходов в виде вознаграждения по выданному кредиту (займу) – не позднее 31 марта
года, следующего за отчетным налоговым периодом;
5) неперечисления (незачисления), несвоевременного перечисления (зачисления)
суммы налогов и других обязательных платежей в бюджет, обязательных пенсионных
взносов и обязательных профессиональных пенсионных взносов, социальных отчислений
либо допущения ошибок при заполнении реквизитов платежного документа по вине банка
или организации, осуществляющей отдельные виды банковских операций, при переводе в
банк или другую организацию, осуществляющую кассовое исполнение бюджетной системы,
суммы налогов и других обязательных платежей в бюджет, пеней, штрафов;
6) недопуска должностного лица органов государственных доходов к проверке
наличия денег и совершаемых операций по банковским счетам проверяемого физического
лица, состоящего на регистрационном учете в качестве индивидуального
предпринимателя, частного нотариуса, частного судебного исполнителя, адвоката, или
юридического лица;
7) неуведомления органа государственных доходов о возникновении у
налогоплательщика-заемщика дохода от списания обязательств в течение тридцати
календарных дней со дня списания обязательств по выданным кредитам (займам) с
заемщика, являющегося физическим лицом, состоящим на регистрационном учете в
качестве индивидуального предпринимателя, или юридическим лицом;
8) непредставления в течение десяти рабочих дней со дня получения запроса
органа государственных доходов сведений о наличии и номерах банковских счетов, об
остатках и движении денег на этих счетах, -
влечет штраф в размере тридцати месячных расчетных показателей.
Сноска. Статья 285 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 286. Представление заведомо ложных сведений о
банковских операциях
Представление банками и организациями, осуществляющими отдельные виды
банковских операций, заведомо ложных сведений об операциях по банковским счетам
юридических или физических лиц, а равно выдача поручительств, гарантий и иных
обязательств, заведомо не обеспеченных фактическим финансовым состоянием данного
банка, если эти действия не повлекли причинение крупного ущерба физическому или
юридическому лицу либо государству, –
влекут штраф в размере пятидесяти месячных расчетных показателей.
Примечание. Крупным размером ущерба, причиненного физическому лицу,
признается сумма, превышающая две тысячи, юридическому лицу – двадцать тысяч
размеров месячных расчетных показателей на момент совершения правонарушения.
Статья 287. Неисполнение обязанностей, установленных
налоговым законодательством Республики
Казахстан, налогоплательщиками при экспорте и
импорте товаров, выполнении работ, оказании
услуг в Таможенном союзе, а также невыполнение
лицами требований, установленных
законодательством Республики Казахстан
1. Неуплата, неполная уплата либо несвоевременная уплата косвенных налогов в
срок, установленный налоговым законодательством Республики Казахстан, –
влекут штраф на физических лиц в размере двадцати процентов от суммы
неисполненного налогового обязательства, но не менее десяти месячных расчетных
показателей, на частных нотариусов, адвокатов, на субъектов малого
предпринимательства или некоммерческие организации – в размере тридцати процентов
от суммы неисполненного налогового обязательства, но не менее двадцати месячных
расчетных показателей, на субъектов среднего предпринимательства – в размере сорока
процентов от суммы неисполненного налогового обязательства, но не менее тридцати
месячных расчетных показателей, на субъектов крупного предпринимательства – в
размере пятидесяти процентов от суммы неисполненного налогового обязательства, но
не менее двухсот пятидесяти месячных расчетных показателей.
2. Непредставление налогоплательщиком в орган государственных доходов
обязательств о ввозе (вывозе) продуктов переработки и их неисполнение,
предусмотренные налоговым законодательством Республики Казахстан, –
влекут штраф на физических лиц в размере пятидесяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере ста, на субъектов
среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного
предпринимательства – в размере двухсот пятидесяти месячных расчетных показателей.
3. Неуведомление либо несвоевременное уведомление органов государственных
доходов в следующих случаях:
1) при временном ввозе товаров на территорию Республики Казахстан с
территории государств-членов Таможенного союза, которые в последующем будут
вывезены с территории Республики Казахстан без изменения свойств и характеристик
ввезенных товаров;
2) при временном вывозе товаров с территории Республики Казахстан на
территорию государств-членов Таможенного союза, которые в последующем будут ввезены
на территорию Республики Казахстан без изменения свойств и характеристик вывезенных
товаров, –
влекут штраф на физических лиц в размере пятидесяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере ста, на субъектов
среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного
предпринимательства – в размере двухсот пятидесяти месячных расчетных показателей.
4. Нарушение установленных налоговым законодательством Республики Казахстан
сроков переработки давальческого сырья, вывезенного с территории Республики
Казахстан на территорию государства-члена Таможенного союза, а также ввезенного на
территорию Республики Казахстан с территории государства-члена таможенного союза, –
влечет штраф на субъектов малого предпринимательства в размере пятнадцати, на
субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного
предпринимательства – в размере пятидесяти процентов от суммы начисленных налогов.
5. Неуведомление либо несвоевременное уведомление организатором выставочно-
ярмарочной торговли о проведении такой торговли –
влечет штраф на субъектов малого предпринимательства в размере ста двадцати,
на субъектов среднего предпринимательства – в размере двухсот пятидесяти, на
субъектов крупного предпринимательства – в размере пятисот месячных расчетных
показателей.
6. Нарушение организатором порядка организации выставочно-ярмарочной
торговли –
влечет штраф на субъектов малого предпринимательства в размере ста двадцати
пяти, на субъектов среднего предпринимательства – в размере двухсот пятидесяти, на
субъектов крупного предпринимательства – в размере пятисот месячных расчетных
показателей.
7. Непредставление уведомления в органы государственных доходов по месту
нахождения (жительства) о дате получения подакцизных товаров, ввезенных с
территории государства-члена Таможенного союза, лицами, обязанными в соответствии с
законодательством Республики Казахстан представлять такое уведомление, –
влечет штраф на физических лиц в размере ста, на субъектов малого
предпринимательства – в размере двухсот, на субъектов среднего предпринимательства
– в размере трехсот, на субъектов крупного предпринимательства – в размере пятисот
месячных расчетных показателей.
Примечание. Для целей части первой настоящей статьи в случае, если лицо
подлежит привлечению к административной ответственности за непринятие на учет
товаров, импортированных на территорию Республики Казахстан с территории
государств-членов Таможенного союза, предусмотренной статьей 275 настоящего
Кодекса, такое лицо не подлежит привлечению к административной ответственности,
предусмотренной части первой настоящей статьи.
Статья 288. Невыполнение законных требований органов
государственных доходов и их должностных лиц
Сноска. Заголовок статьи 288 в редакции Закона РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
1. Невыполнение налогоплательщиком законных требований органов
государственных доходов и их должностных лиц -
влечет штраф в размере восьми месячных расчетных показателей.
2. Действия (бездействие), предусмотренные частью первой настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф в размере пятнадцати месячных расчетных показателей.
3. Незаконное воспрепятствование доступу должностного лица органов
государственных доходов, проводящего налоговую проверку, на территорию или в
помещение, используемые налогоплательщиком (кроме жилых помещений) для
предпринимательской деятельности, -
влечет штраф в размере сорока пяти месячных расчетных показателей.
4. Действия (бездействие), предусмотренные частью третьей настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф в размере шестидесяти месячных расчетных показателей.
Сноска. Статья 288 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Глава 17. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ
ЭНЕРГОСБЕРЕЖЕНИЯ И ПОВЫШЕНИЯ ЭНЕРГОЭФФЕКТИВНОСТИ
Статья 289. Несоблюдение нормативных значений коэффициента
мощности в электрических сетях и
превышение нормативов энергопотребления
1. Несоблюдение нормативных значений коэффициента мощности в электрических
сетях –
влечет предупреждение на субъектов малого предпринимательства, штраф на
субъектов среднего предпринимательства в размере десяти, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей.
2. Превышение нормативов энергопотребления –
влечет предупреждение на субъектов малого предпринимательства, штраф на
субъектов среднего предпринимательства в размере пяти, на субъектов крупного
предпринимательства – в размере пятнадцати процентов от стоимости энергетических
ресурсов, использованных сверх утвержденных нормативов за период, в котором
произошло правонарушение, но не более чем за один год.
3. Деяние, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере десяти, на
субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного
предпринимательства – в размере четырехсот месячных расчетных показателей.
4. Деяние, предусмотренное частью второй настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере пяти, на
субъектов среднего предпринимательства – в размере десяти, на субъектов крупного
предпринимательства – в размере тридцати процентов от стоимости энергетических
ресурсов, использованных сверх утвержденных нормативов за период, в котором
произошло правонарушение, но не более чем за один год.
Примечание. Стоимость энергетического ресурса определяется на основе рыночной
цены на момент выявления правонарушения.
Статья 290. Неисполнение обязанности по недопущению прямых
потерь энергетических ресурсов, воды при
осуществлении их производства и передачи
1. Неисполнение обязанности по недопущению прямых потерь энергетических
ресурсов, воды при осуществлении их производства и передачи, связанных с
неисправностью оборудования, арматуры, эксплуатацией трубопроводов без их
теплоизоляции или несоблюдением режима работы энергопотребляющего оборудования, –
влечет штраф на субъектов малого предпринимательства в размере десяти, на
субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей.
2. Деяние, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере двадцати, на
субъектов среднего предпринимательства – в размере сорока, на субъектов крупного
предпринимательства – в размере четырехсот месячных расчетных показателей.
Статья 291. Приемка в эксплуатацию новых объектов,
потребляющих энергетические ресурсы, которые
не оснащены соответствующими приборами учета
энергетических ресурсов и автоматизированными
системами регулирования теплопотребления
1. Приемка в эксплуатацию новых объектов, потребляющих энергетические
ресурсы, которые не оснащены соответствующими приборами учета энергетических
ресурсов и автоматизированными системами регулирования теплопотребления, –
влечет штраф на должностных лиц в размере двадцати месячных расчетных
показателей.
2. Деяние, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на должностных лиц в размере пятидесяти месячных расчетных
показателей.
Примечания.
1. Под должностными лицами в настоящей статье следует понимать лиц,
подписавших акт о вводе объекта в эксплуатацию.
2. Должностные лица не подлежат привлечению к административной
ответственности за совершение правонарушения, предусмотренного частями первой и
второй настоящей статьи, в случаях введения в эксплуатацию новых объектов, которые
не оснащены автоматизированными системами регулирования теплопотребления и
среднечасовое потребление тепловой энергии (включая расходы тепловой энергии,
отопления, вентиляции, кондиционирования и горячего водоснабжения) которых
составляет менее 50 кВт.
Статья 292. Нарушение субъектами Государственного
энергетического реестра обязанности по
предоставлению информации, вносимой в
Государственный энергетический реестр, требования
об обязательном ежегодном снижении объема
потребления энергетических ресурсов и воды на
единицу продукции, площади зданий, строений и
сооружений до величин, определенных по итогам
энергоаудита
Сноска. Заголовок статьи 292 в редакции Закона РК от 14.01.2015 № 279-
V (вводится в действие по истечении десяти календарных дней после дня его первого
официального опубликования).
1. Нарушение субъектами Государственного энергетического реестра обязанности
по предоставлению информации, вносимой в Государственный энергетический реестр,
требования об обязательном ежегодном снижении объема потребления энергетических
ресурсов и воды на единицу продукции, площади зданий, строений и сооружений до
величин, определенных по итогам энергоаудита, в течение пяти лет после прохождения
энергоаудита –
влечет штраф на субъектов малого предпринимательства в размере десяти, на
субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей.
2. Деяние, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере двадцати, на
субъектов среднего предпринимательства – в размере сорока, на субъектов крупного
предпринимательства – в размере четырехсот месячных расчетных показателей.
Сноска. Статья 292 с изменением, внесенным Законом РК от 14.01.2015 № 279-
V (вводится в действие по истечении десяти календарных дней после дня его первого
официального опубликования).
Статья 293. Уклонение от прохождения обязательного
энергоаудита субъектами Государственного
энергетического реестра либо препятствие его
проведению
1. Уклонение от прохождения обязательного энергоаудита субъектами
Государственного энергетического реестра либо препятствие его проведению –
влечет штраф на субъектов малого предпринимательства в размере пяти, на
субъектов среднего предпринимательства – в размере десяти, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей.
2. Деяние, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере десяти, на
субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного
предпринимательства – в размере четырехсот месячных расчетных показателей.
Статья 294. Нарушение ограничений по продаже и использованию
продукции в области энергосбережения и повышения
энергоэффективности
Сноска. Заголовок статьи 294 в редакции Закона РК от 14.01.2015 № 279-
V (вводится в действие по истечении десяти календарных дней после дня его первого
официального опубликования).
1. Продажа и использование электрических ламп накаливания мощностью 25 Вт и
выше, которые могут быть использованы в цепях переменного тока в целях освещения, –
влекут штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере двадцати, на субъектов среднего предпринимательства
– в размере сорока, на субъектов крупного предпринимательства – в размере ста
месячных расчетных показателей, с конфискацией электрических ламп накаливания
мощностью 25 Вт и выше, которые могут быть использованы в цепях переменного тока в
целях освещения.
2. Деяния, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства – в размере сорока, на субъектов среднего предпринимательства –
в размере восьмидесяти, на субъектов крупного предпринимательства – в размере
двухсот месячных расчетных показателей, с конфискацией электрических ламп
накаливания мощностью 25 Вт и выше, которые могут быть использованы в цепях
переменного тока в целях освещения.
3. Продажа и (или) использование энергопотребляющих устройств, не содержащих
в технической документации и на этикетках информацию о классе и характеристиках
энергоэффективности в соответствии с техническим регламентом Таможенного союза, –
влекут штраф на субъектов малого предпринимательства в размере трех, на
субъектов среднего предпринимательства – в размере шести, на субъектов крупного
предпринимательства – в размере ста месячных расчетных показателей.
4. Деяния, предусмотренные частью третьей настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на субъектов малого предпринимательства в размере шести, на
субъектов среднего предпринимательства – в размере двенадцати, на субъектов
крупного предпринимательства – в размере двухсот месячных расчетных показателей.
Сноска. Статьи 294 с изменениями, внесенными Законом РК от 14.01.2015 № 279-
V (вводится в действие по истечении десяти календарных дней после дня его первого
официального опубликования).
Статья 295. Неисполнение обязанности по созданию,
внедрению и организации работы системы
энергоменеджмента субъектами Государственного
энергетического реестра
Сноска. Статья 295 исключена Законом РК от 14.01.2015 № 279-V (вводится в
действие по истечении десяти календарных дней после дня его первого официального
опубликования).
Статья 296. Несоблюдение порядка проведения энергоаудита,
порядка деятельности учебных центров,
установленных законодательством Республики
Казахстан об энергосбережении и повышении
энергоэффективности
Сноска. Заголовок статьи 296 в редакции Закона РК от 14.01.2015 № 279-
V (вводится в действие по истечении десяти календарных дней после дня его первого
официального опубликования).
1. Несоблюдение порядка проведения энергоаудита, порядка деятельности учебных
центров, установленных законодательством Республики Казахстан об энергосбережении и
повышении энергоэффективности, –
влечет штраф на субъектов малого предпринимательства в размере десяти, на
субъектов среднего предпринимательства – в размере пятнадцати, на субъектов
крупного предпринимательства – в размере восьмидесяти месячных расчетных
показателей.
2. Деяние, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере пятнадцати, на
субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного
предпринимательства – в размере ста пятидесяти месячных расчетных показателей, с
приостановлением действия свидетельства об аккредитации.
Сноска. Статьи 296 с изменением, внесенным Законом РК от 14.01.2015 № 279-
V (вводится в действие по истечении десяти календарных дней после дня его первого
официального опубликования).
Глава 18. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ
ПРОМЫШЛЕННОСТИ, ИСПОЛЬЗОВАНИЯ ТЕПЛОВОЙ, ЭЛЕКТРИЧЕСКОЙ
И АТОМНОЙ ЭНЕРГИИ
Статья 297. Нарушение требований безопасности при
обращении с взрывчатыми материалами,
радиоактивными и иными экологически опасными
веществами
1. Нарушение требований безопасности при производстве, хранении, захоронении,
уничтожении, использовании, утилизации, транспортировке или ином обращении
с взрывчатыми материалами, пиротехническими веществами, радиоактивными,
бактериологическими, химическими и иными экологически опасными веществами и
отходами в отраслях промышленности и на объектах, подконтрольных органам надзора,
за исключением случаев, предусмотренных статьей 416 настоящего Кодекса, если эти
действия не содержат признаков уголовно наказуемого деяния, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере тридцати, на
субъектов среднего предпринимательства – в размере пятидесяти, на субъектов
крупного предпринимательства – в размере ста месячных расчетных показателей.
2. Нарушение установленных правил производства, хранения, захоронения,
использования, утилизации, транспортировки или иного обращения ядерных материалов,
радиоактивных веществ, специальных неядерных материалов и изделий двойного
назначения, имеющих отношение к ядерной деятельности, за исключением случаев,
предусмотренных статьей 416 настоящего Кодекса, –
влечет штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства – в размере шестидесяти, на субъектов среднего
предпринимательства – в размере ста, на субъектов крупного предпринимательства – в
размере двухсот месячных расчетных показателей.
Статья 298. Нарушение правил по безопасному ведению работ
1. Нарушение установленных требований по безопасному ведению работ в
отраслях промышленности, горных и строительных работ либо на объектах,
подконтрольных уполномоченному органу в сфере гражданской защиты и другим
государственным органам контроля и надзора, если это не повлекло по неосторожности
причинение тяжкого или средней тяжести вреда здоровью человека, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере тридцати, на
субъектов среднего предпринимательства – в размере пятидесяти, на субъектов
крупного предпринимательства – в размере ста месячных расчетных показателей.
2. Нарушение требований промышленной безопасности при разработке проектов
строительства, реконструкции, модернизации, ликвидации опасных производственных
объектов –
влечет штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства – в размере сорока пяти, на субъектов среднего
предпринимательства – в размере семидесяти, на субъектов крупного
предпринимательства – в размере ста пятидесяти месячных расчетных показателей.
3. Сокрытие факта аварии, инцидента на опасном производственном объекте –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере ста, на субъектов среднего предпринимательства – в размере
ста пятидесяти, на субъектов крупного предпринимательства – в размере двухсот
месячных расчетных показателей.
4. Действие (бездействие), предусмотренное частью третьей настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере двухсот, на субъектов среднего предпринимательства – в
размере трехсот, на субъектов крупного предпринимательства – в размере четырехсот
месячных расчетных показателей.
Статья 299. Нарушение законодательства Республики
Казахстан при проведении аттестуемых видов
работ в области промышленной безопасности и
безопасности плотин
1. Нарушение законодательства Республики Казахстан при проведении аттестуемых
видов работ в области промышленной безопасности и безопасности плотин, совершенное
в виде:
1) выдачи экспертных заключений, в том числе в области взрывных работ,
содержащих неполную и (или) недостоверную информацию о соответствии
(несоответствии) объекта экспертизы по результатам проведенных экспертиз в области
промышленной безопасности;
2) разработки деклараций промышленной безопасности опасных производственных
объектов, несоответствующих требованиям промышленной безопасности;
3) несоответствия подготовки, переподготовки специалистов, работников опасных
производственных объектов требованиям законодательства Республики Казахстан о
гражданской защите;
4) проведения технического обслуживания газопотребляющих систем, не
обеспечивающего их исправное состояние;
5) выдачи экспертных заключений, разработки деклараций безопасности плотин,
содержащих неполную и (или) недостоверную информацию о их соответствии
(несоответствии) требованиям, установленным водным законодательством Республики
Казахстан, –
влечет штраф на субъектов малого предпринимательства в размере десяти, на
субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного
предпринимательства – в размере ста месячных расчетных показателей, с
приостановлением действия аттестата либо без такового.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, а равно
неустранение нарушений, предусмотренных частью первой настоящей статьи, –
влекут штраф на субъектов малого предпринимательства в размере двадцати, на
субъектов среднего предпринимательства – в размере сорока, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей, с лишением
аттестата.
Статья 300. Нарушение утвержденных правил технической
эксплуатации электрических станций и сетей,
техники безопасности при эксплуатации
тепломеханического оборудования электростанций
и тепловых сетей, технической эксплуатации
электроустановок потребителей, а также
нарушение установленных режимов
энергопотребления
Нарушение утвержденных правил технической эксплуатации электрических станций
и сетей, техники безопасности при эксплуатации тепломеханического оборудования
электростанций и тепловых сетей, технической эксплуатации электроустановок
потребителей, приведшее к состоянию, угрожающему аварией, загрязнением окружающей
среды, пожаром или опасному для жизни обслуживающего персонала, а также нарушение
установленных режимов энергопотребления, повлекшее ограничения и (или) отключения
других потребителей энергии, –
влекут штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства – в размере пятидесяти пяти, на субъектов среднего
предпринимательства – в размере ста, на субъектов крупного предпринимательства – в
размере двухсот месячных расчетных показателей.
Статья 301. Нарушение срока получения паспорта готовности
1. Нарушение энергопроизводящими, энергопередающими организациями срока
получения паспорта готовности для работы в осенне-зимних условиях –
влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на
субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов
крупного предпринимательства – в размере трехсот месячных расчетных показателей.
2. Деяние, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере ста, на
субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного
предпринимательства – в размере пятисот месячных расчетных показателей.
Статья 302. Повреждение электрических сетей
1. Повреждение электрических сетей напряжением до 1000 вольт (воздушных
линий электропередачи, подземных и подводных кабельных линий, трансформаторных и
преобразовательных подстанций, распределительных устройств и переключающих пунктов)
–
влечет штраф на физических лиц в размере восьми, на субъектов малого
предпринимательства или некоммерческие организации – в размере пятнадцати, на
субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов
крупного предпринимательства – в размере пятидесяти месячных расчетных показателей.
2. Повреждение электрических сетей напряжением свыше 1000 вольт (воздушных
линий электропередачи, подземных и подводных кабельных линий, трансформаторных и
преобразовательных подстанций, распределительных устройств и переключающих пунктов)
–
влечет штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере тридцати, на
субъектов среднего предпринимательства – в размере пятидесяти, на субъектов
крупного предпринимательства – в размере семидесяти пяти месячных расчетных
показателей.
3. Действие, предусмотренное частью первой настоящей статьи, вызвавшее
перерыв в обеспечении потребителей электрической энергией и причинившее ущерб, а
равно совершенное повторно в течение года, –
влечет штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере тридцати, на
субъектов среднего предпринимательства – в размере семидесяти пяти, на субъектов
крупного предпринимательства – в размере ста пятидесяти месячных расчетных
показателей.
4. Действие, предусмотренное частью второй настоящей статьи, вызвавшее
перерыв в обеспечении потребителей электрической энергией и причинившее ущерб, а
равно совершенное повторно в течение года, –
влечет штраф на физических лиц в размере тридцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере девяноста, на
субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов
крупного предпринимательства – в размере двухсот пятидесяти месячных расчетных
показателей.
Статья 303. Нарушение законодательства Республики
Казахстан в области поддержки использования
возобновляемых источников энергии
1. Неисполнение и (или) ненадлежащее исполнение установленной законодательным
актом Республики Казахстан о поддержке использования возобновляемых источников
энергии обязанности покупать электрическую, тепловую энергию, производимую
энергопроизводящими организациями, использующими возобновляемые источники энергии,
–
влекут штраф на субъектов малого предпринимательства в размере ста, на
субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного
предпринимательства – в размере тысячи пятисот месячных расчетных показателей.
2. Нарушение законодательства Республики Казахстан в области поддержки
использования возобновляемых источников энергии, совершенное в виде нарушения
порядка и сроков определения ближайшей точки подключения к электрическим или
тепловым сетям и подключения объектов по использованию возобновляемых источников
энергии, –
влечет штраф на субъектов малого предпринимательства в размере ста, на
субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного
предпринимательства – в размере тысячи пятисот месячных расчетных показателей.
3. Деяния, предусмотренные частями первой и второй настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф на субъектов малого предпринимательства в размере ста
пятидесяти, на субъектов среднего предпринимательства – в размере трехсот
пятидесяти, на субъектов крупного предпринимательства – в размере двух тысяч
месячных расчетных показателей.
Статья 304. Повреждение тепловых сетей
Повреждение тепловых сетей (трубопроводов и их конструкций, каналов, тепловых
камер, насосных станций), если это деяние не повлекло реальную угрозу причинения
вреда здоровью людей и окружающей среде, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере пятнадцати, на субъектов среднего
предпринимательства – в размере двадцати, на субъектов крупного предпринимательства
– в размере ста месячных расчетных показателей.
Статья 305. Производство работ в охранных зонах линий
электрических и тепловых сетей, объектов
систем газоснабжения
Производство строительных, монтажных, земляных, погрузочно-разгрузочных
работ, поисковых работ, связанных с устройством скважин и шурфов, обустройство
площадок, стоянок автомобильного транспорта, размещение рынков, складирование
материалов, сооружение ограждений и заборов, сброс и слив едких коррозионных
веществ и горюче-смазочных материалов в охранных зонах линий электрических и
тепловых сетей, объектов систем газоснабжения без согласования с организацией, в
ведении которой находятся электрические или тепловые сети либо объекты систем
газоснабжения, –
влекут штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере пятнадцати, на субъектов среднего
предпринимательства – в размере двадцати, на субъектов крупного предпринимательства
– в размере ста месячных расчетных показателей.
Статья 306. Нарушение требований по использованию газа,
безопасности эксплуатации объектов систем
газоснабжения
1. Нарушение требований по безопасности эксплуатации газопотребляющих систем
и газового оборудования бытовых и коммунально-бытовых потребителей,
установленных законодательством Республики Казахстан о газе и газоснабжении, –
влечет штраф на физических лиц в размере семи, на субъектов малого
предпринимательства – в размере десяти, на субъектов среднего предпринимательства –
в размере пятнадцати, на субъектов крупного предпринимательства – в размере
двадцати месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере пятнадцати, на субъектов среднего
предпринимательства – в размере двадцати, на субъектов крупного предпринимательства
– в размере тридцати месячных расчетных показателей.
3. Самовольное возобновление подачи товарного или сжиженного нефтяного газа
в газопотребляющую систему –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере двадцати, на субъектов среднего предпринимательства
– в размере тридцати, на субъектов крупного предпринимательства – в размере ста
месячных расчетных показателей.
4. Нарушение требований по безопасности эксплуатации объектов систем
газоснабжения, за исключением газопотребляющих систем и газового оборудования
бытовых и коммунально-бытовых потребителей, установленных законодательством
Республики Казахстан о газе и газоснабжении, –
влечет штраф на субъектов малого предпринимательства в размере двадцати пяти,
на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов
крупного предпринимательства – в размере двухсот месячных расчетных показателей.
5. Действие, предусмотренное частью четвертой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на
субъектов среднего предпринимательства – в размере ста, на субъектов крупного
предпринимательства – в размере четырехсот месячных расчетных показателей.
Статья 307. Непринятие мер к обеспечению подготовленности
резервного топливного хозяйства
Непринятие мер к обеспечению подготовленности к работе предусмотренного для
промышленных и (или) коммунально-бытовых потребителей резервного топливного
хозяйства или неподготовленность газопотребляющих систем промышленных и (или)
коммунально-бытовых потребителей к работе на установленных резервных видах топлива
–
влечет предупреждение или штраф в размере двадцати месячных расчетных
показателей.
Статья 308. Повреждение нефтегазопроводов и их
оборудования
1. Повреждение нефтегазопроводов и их оборудования или незаконная
установка, перемещение, подключение к сети приборов, а также иные нарушения правил
их эксплуатации, которые могли быть причиной аварии, если эти действия не содержат
признаков уголовно наказуемого деяния, –
влекут штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства – в размере двадцати, на субъектов среднего предпринимательства
– в размере сорока, на субъектов крупного предпринимательства – в размере
пятидесяти месячных расчетных показателей.
2. Деяния, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере двадцати пяти, на субъектов малого
предпринимательства – в размере тридцати пяти, на субъектов среднего
предпринимательства – в размере сорока пяти, на субъектов крупного
предпринимательства – в размере пятидесяти пяти месячных расчетных показателей.
Статья 309. Повреждение территорий при производстве
строительных и ремонтных работ
Раскопка без соответствующего разрешения дворов, улиц и площадей,
загромождение их строительными материалами, непринятие мер к приведению в порядок
мест раскопок, а также строительных площадок после окончания строительства и
ремонта –
влекут предупреждение или штраф на физических лиц в размере десяти, на
субъектов малого предпринимательства – в размере пятнадцати, на субъектов среднего
предпринимательства – в размере двадцати пяти, на субъектов крупного
предпринимательства – в размере ста месячных расчетных показателей.
Глава 19. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ
КОСМИЧЕСКОЙ ДЕЯТЕЛЬНОСТИ
Статья 310. Нарушение законодательства Республики
Казахстан в области космической деятельности
1. Нарушение законодательства Республики Казахстан в области космической
деятельности, совершенное в виде:
1) реализации проекта в области космической деятельности, по которому
отсутствует положительное заключение отраслевой экспертизы в области космической
деятельности;
2) запуска космического объекта с территории Республики Казахстан, а также за
ее пределами в случае его осуществления казахстанским участником космической
деятельности без положительного решения Правительства Республики Казахстан о
запуске космического объекта;
3) уклонения от государственной регистрации космического объекта;
4) создания непосредственной угрозы жизни и здоровью людей;
5) использования космической техники и (или) небесных тел для негативного
воздействия на окружающую среду;
6) нарушения международных норм и стандартов по загрязнению космического
пространства, –
влечет штраф на физических лиц в размере пятидесяти, на должностных лиц – в
размере ста, на субъектов малого предпринимательства – в размере ста семидесяти
пяти, на субъектов среднего предпринимательства – в размере трехсот, на субъектов
крупного предпринимательства – в размере пятисот месячных расчетных показателей, с
приостановлением действия лицензии на право осуществления деятельности в сфере
использования космического пространства на шесть месяцев или без такового.
2. Действие (бездействие), предусмотренное частью первой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет лишение лицензии.
Статья 311. Нарушение правил создания и эксплуатации
(применения) космических систем на территории
Республики Казахстан, а также в космическом
пространстве
1. Нарушение правил создания и эксплуатации (применения) космических систем
на территории Республики Казахстан, а также в космическом пространстве,
выразившееся в эксплуатации космической системы, результаты которой привели к
превышению предельно допустимых значений воздействия опасных и вредных факторов
производственной деятельности на эксплуатирующий персонал, население, космическую
систему, сопрягаемые объекты, окружающую среду и околоземное пространство, –
влечет штраф на физических лиц в размере тридцати, на субъектов малого
предпринимательства – в размере сорока, на субъектов среднего предпринимательства –
в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста
месячных расчетных показателей, с приостановлением действия лицензии на право
осуществления деятельности в сфере использования космического пространства на шесть
месяцев или без такового.
2. Неустранение нарушений, повлекших привлечение к административной
ответственности, предусмотренной частью первой настоящей статьи, по истечении срока
приостановления действия лицензии на право осуществления деятельности в сфере
использования космического пространства –
влечет лишение лицензии.
Глава 20. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В СФЕРАХ АРХИТЕКТУРНОЙ,
ГРАДОСТРОИТЕЛЬНОЙ, СТРОИТЕЛЬНОЙ ДЕЯТЕЛЬНОСТИ И ЖИЛИЩНЫХ ОТНОШЕНИЙ
Сноска. Заголовок главы 20 в редакции Закона РК от 29.12.2014 № 272-
V (вводится в действие по истечении десяти календарных дней после дня его первого
официального опубликования).
Cтатья 312. Выполнение предпроектных, изыскательских,
проектных, строительно-монтажных работ,
производство и применение строительных
материалов, деталей и конструкций с нарушением
требований законодательства и государственных
нормативов в сфере архитектурно-строительной
деятельности
1. Выполнение предпроектных, изыскательских, проектных, строительно-монтажных
работ, производство, применение строительных материалов, деталей и конструкций с
нарушениями требований законодательства Республики Казахстан в сфере архитектурной,
градостроительной и строительной деятельности –
влекут штраф на должностных лиц в размере шестидесяти, на субъектов малого
предпринимательства – в размере двухсот, на субъектов среднего предпринимательства
– в размере четырехсот, на субъектов крупного предпринимательства – в размере
семисот месячных расчетных показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на должностных лиц в размере ста двадцати, на субъектов малого
предпринимательства – в размере четырехсот, на субъектов среднего
предпринимательства – в размере восьмисот, на субъектов крупного
предпринимательства – в размере тысячи четырехсот месячных расчетных показателей, с
лишением лицензии на соответствующий вид деятельности.
Статья 313. Нарушение требований утвержденных строительных
норм и проектных документов при производстве
строительно-монтажных и
ремонтно-восстановительных работ
1. Нарушение требований утвержденных строительных норм и проектных
документов при производстве строительно-монтажных и ремонтно-восстановительных
работ, повлекшее за собой ухудшение эксплуатационных качеств, снижение прочности,
устойчивости зданий, строений, их частей или отдельных конструктивных элементов, –
влечет штраф на должностных лиц в размере сорока, на субъектов малого
предпринимательства – в размере двухсот, на субъектов среднего предпринимательства
– в размере четырехсот, на субъектов крупного предпринимательства – в размере
семисот месячных расчетных показателей, с приостановлением действия лицензии.
2. Совершение действий, указанных в части первой настоящей статьи, повлекшее
за собой потерю прочности, устойчивости зданий, строений, их частей или отдельных
конструктивных элементов, –
влечет штраф на должностных лиц в размере восьмидесяти, на субъектов малого
предпринимательства – в размере четырехсот, на субъектов среднего
предпринимательства – в размере восьмисот, на субъектов крупного
предпринимательства – в размере тысячи четырехсот месячных расчетных показателей, с
лишением лицензии на соответствующий вид деятельности.
Статья 314. Производство строительных,
строительно-монтажных,
ремонтно-восстановительных работ при
возведении и реконструкции объектов без
утвержденной в установленном порядке проектной
документации
1. Производство строительных, строительно-монтажных, ремонтно-
восстановительных работ при возведении и реконструкции объектов без утвержденной в
установленном порядке проектной документации –
влечет штраф на должностных лиц в размере сорока, на субъектов малого
предпринимательства – в размере двухсот, на субъектов среднего предпринимательства
– в размере четырехсот, на субъектов крупного предпринимательства – в размере
семисот месячных расчетных показателей с приостановкой производимых работ.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на должностных лиц в размере восьмидесяти, на субъектов малого
предпринимательства – в размере четырехсот, на субъектов среднего
предпринимательства – в размере восьмисот, на субъектов крупного
предпринимательства – в размере тысячи двухсот месячных расчетных показателей, с
лишением лицензии и приостановкой производимых работ.
Статья 315. Нарушение правил оформления исполнительной
технической документации, предусмотренной
нормативными документами, при производстве
строительно-монтажных,
ремонтно-восстановительных работ по возведению
и реконструкции объектов, изготовлению
строительных материалов, изделий и конструкций
Нарушение правил оформления исполнительной технической документации,
предусмотренной нормативными документами, при производстве строительно-монтажных,
ремонтно-восстановительных работ по возведению и реконструкции объектов,
изготовлению строительных материалов, изделий и конструкций –
влечет предупреждение или штраф на должностных лиц в размере десяти, на
субъектов малого предпринимательства – в размере двадцати пяти, на субъектов
среднего предпринимательства – в размере пятидесяти, на субъектов крупного
предпринимательства – в размере ста месячных расчетных показателей.
Статья 316. Строительство (реконструкция, реставрация,
расширение, техническое перевооружение,
модернизация, капитальный ремонт) объектов и
их комплексов без проектной (проектно-сметной)
документации либо по проектной
(проектно-сметной) документации, не прошедшей
в установленном порядке экспертизу
1. Строительство (реконструкция, реставрация, расширение, техническое
перевооружение, модернизация, капитальный ремонт) объектов и их комплексов без
проектной (проектно-сметной) документации либо по проектной (проектно-сметной)
документации, не прошедшей в установленном порядке экспертизу, по которой требуется
ее проведение, –
влечет штраф на физических лиц в размере ста двадцати, на должностных лиц – в
размере ста шестидесяти, на субъектов малого предпринимательства или некоммерческие
организации – в размере двухсот, на субъектов среднего предпринимательства – в
размере трехсот восьмидесяти, на субъектов крупного предпринимательства – в размере
пятисот восьмидесяти месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, а равно
неустранение нарушения, предусмотренного частью первой настоящей статьи, повлекшего
привлечение к административной ответственности, –
влекут штраф на физических лиц в размере ста шестидесяти, на должностных лиц
– в размере двухсот, на субъектов малого предпринимательства или некоммерческие
организации – в размере трехсот, на субъектов среднего предпринимательства – в
размере шестисот, на субъектов крупного предпринимательства – в размере одной
тысячи месячных расчетных показателей, с приостановлением работ.
Статья 317. Нарушение законодательства Республики
Казахстан при осуществлении экспертных работ
и инжиниринговых услуг
1. Допущение лицами, осуществляющими авторский надзор, несоответствия
выполненных (выполняемых) строительно-монтажных работ утвержденным проектным
решениям -
влечет штраф на физических лиц в размере двухсот месячных расчетных
показателей с приостановлением действия аттестата эксперта на право ведения
авторского надзора на срок шесть месяцев.
2. Выдача лицами, осуществляющими экспертизу проектов, положительного
заключения экспертизы (экспертной оценки) на проектную (проектно-сметную)
документацию, не соответствующего требованиям законодательства Республики Казахстан
и не обеспечивающего устойчивость, надежность и прочность возводимых либо
возведенных объектов, –
влечет штраф на физических лиц в размере двухсот месячных расчетных
показателей с приостановлением действия аттестата эксперта на право осуществления
экспертизы проектов на срок шесть месяцев.
3. Допущение лицами, осуществляющими технический надзор, нарушений на стадии
реализации проекта, включая качество, сроки, приемку выполненных работ и сдачу
объекта в эксплуатацию, –
влечет штраф на физических лиц в размере двухсот месячных расчетных
показателей с приостановлением действия аттестата эксперта на право ведения
технического надзора на срок шесть месяцев.
4. Действия (бездействие), предусмотренные частями первой, второй и третьей
настоящей статьи, совершенные повторно в течение года после наложения
административного взыскания, -
влекут штраф на физических лиц в размере четырехсот месячных расчетных
показателей с лишением аттестата эксперта на соответствующий вид услуги и
специализации и запрещением деятельности на право осуществления экспертных работ и
инжиниринговых услуг на срок три года.
Сноска. Статья 317 в редакции Закона РК от 29.12.2014 № 269-V (вводится в
действие с 01.01.2015).
Статья 318. Нарушение установленного порядка приемки
и ввода объектов и комплексов в эксплуатацию
Нарушение установленного порядка приемки и ввода объектов и комплексов в
эксплуатацию с нарушениями требований государственных нормативов в сфере
архитектурно-строительной деятельности –
влечет штраф на физических лиц, должностных лиц в размере пятидесяти, на
субъектов малого предпринимательства или некоммерческие организации – в размере ста
двадцати, на субъектов среднего предпринимательства – в размере двухсот двадцати,
на субъектов крупного предпринимательства – в размере шестисот пятидесяти месячных
расчетных показателей.
Сноска. Статья 318 в редакции Закона РК от 29.12.2014 № 269-V (вводится в
действие с 01.01.2015).
Статья 319. Незаконное строительство
Незаконное строительство производственных, жилых, хозяйственных,
гидротехнических (водохозяйственных) или бытовых объектов без соответствующего
права на землю –
влечет штраф на физических лиц в размере пятнадцати, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на
субъектов крупного предпринимательства – в размере двухсот месячных расчетных
показателей, с принудительным сносом незаконно возведенного или возводимого
строения либо без такового.
Статья 320. Нарушение требований законодательного акта
Республики Казахстан о долевом участии в
жилищном строительстве и в сфере жилищных
отношений
Сноска. Заголовок статьи 320 в редакции Закона РК от 29.12.2014 № 272-
V (вводится в действие по истечении десяти календарных дней после дня его первого
официального опубликования).
1. Нарушение застройщиком, проектной компанией требований законодательного
акта Республики Казахстан о долевом участии в жилищном строительстве к содержанию
информации о застройщике, проектной компании и об объекте строительства, а также
порядка ее распространения либо распространение застройщиком, проектной компанией
неточной, неполной или вводящей в заблуждение информации –
влечет штраф на юридических лиц в размере трехсот месячных расчетных
показателей.
2. Непредставление застройщиком, проектной компанией местному
исполнительному органу области, города республиканского значения, столицы сведений
и отчетности, предусмотренных законами Республики Казахстан, либо представление ими
недостоверных сведений и отчетности –
влечет штраф на юридических лиц в размере трехсот месячных расчетных
показателей.
3. Действия (бездействие), предусмотренные частями первой и второй настоящей
статьи, совершенные застройщиком повторно в течение года после наложения
административного взыскания, –
влекут штраф на юридических лиц в размере четырехсот месячных расчетных
показателей.
4. Действия (бездействие), предусмотренные частями первой и второй настоящей
статьи, совершенные проектной компанией повторно в течение года после наложения
административного взыскания, а равно неустранение нарушений, предусмотренных
частями первой и второй настоящей статьи, повлекших привлечение к административной
ответственности, –
влекут приостановление действия лицензии на деятельность по организации
строительства жилых зданий за счет привлечения денег дольщиков на срок до трех
месяцев.
5. Нарушение органом управления объектом кондоминиума сроков открытия текущих
и (или) сберегательных счетов на объект кондоминиума в банках второго уровня в
случаях, предусмотренных жилищным законодательством, -
влечет предупреждение.
6. Нарушение органом управления объектом кондоминиума сроков представления
ежеквартального отчета по управлению объектом кондоминиума -
влечет предупреждение.
7. Действие (бездействие), предусмотренное частями пятой и шестой настоящей
статьи, совершенное повторно в течение года после наложения административного
взыскания, -
влечет штраф на физических лиц в размере десяти, на юридических лиц - в
размере двадцати месячных расчетных показателей.
Сноска. Статья 320 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие по истечении десяти календарных дней после дня его первого
официального опубликования).
Статья 321. Осуществление строительства без сопровождения
технического и авторского надзоров
Осуществление строительства без сопровождения технического и авторского
надзоров –
влечет штраф на физических лиц в размере сорока, на должностных лиц в размере
ста шестидесяти, на субъектов малого предпринимательства или некоммерческие
организации – в размере двухсот, на субъектов среднего предпринимательства – в
размере трехсот, на субъектов крупного предпринимательства – в размере пятисот
пятидесяти месячных расчетных показателей.
Статья 322. Незаконные переоборудование и перепланировка
помещений
1. Незаконные переоборудование и перепланировка жилых и нежилых помещений в
существующих зданиях без архитектурно-строительного проекта и соответствующего
решения структурных подразделений местных исполнительных органов, осуществляющих
функции в сфере архитектуры и градостроительства, –
влекут штраф на физических лиц в размере пятнадцати, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
сорока пяти, на субъектов среднего предпринимательства – в размере семидесяти пяти,
на субъектов крупного предпринимательства – в размере ста пятидесяти месячных
расчетных показателей.
2. Те же действия, которые повлекли или могли повлечь полную потерю
прочности и устойчивости (разрушение) здания, –
влекут штраф на физических лиц в размере сорока, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
девяноста, на субъектов среднего предпринимательства – в размере ста пятидесяти, на
субъектов крупного предпринимательства – в размере трехсот месячных расчетных
показателей.
Примечания.
1. Под административным правонарушением в области строительства понимается
несоблюдение обязательных требований, строительных норм и правил, за исключением
технических регламентов, проектов, других нормативных актов при градостроительном
освоении территорий, проектировании, строительстве, реконструкции, реставрации,
модернизации, капитальном ремонте и благоустройстве объектов и комплексов, влекущее
снижение и потерю прочности, устойчивости, надежности зданий, строений, сооружений,
их частей или отдельных конструктивных элементов, ухудшение эксплуатационных
качеств возводимых объектов, отрицательное влияние на окружающую среду, а также
действия, нарушающие установленный организационно-правовой порядок строительства
объектов и приемки их в эксплуатацию.
2. Под прочностью понимается способность материала, конструкции, изделия,
узлов их сопряжения, грунта основания здания и сооружения воспринимать, не
разрушаясь, расчетные значения нагрузок и воздействий.
3. Под устойчивостью понимается способность здания, сооружения сохранять
состояние устойчивого равновесия под действием расчетных воздействий и нагрузок.
4. Под надежностью понимается способность здания, сооружения, его инженерных
систем, несущих и ограждающих конструкций выполнять функции, определенные
значениями нормируемых показателей.
5. Под проектными работами понимаются работы по предпроектной (обоснования
инвестиций в строительство, технико-экономические обоснования) и проектной (проект,
рабочий проект и другие виды проектов) документации на строительство, расширение,
реконструкцию, техническое перевооружение, капитальный ремонт и другие виды работ
зданий и сооружений.
Статья 323. Эксплуатация объектов и комплексов, не
введенных в установленном порядке в
эксплуатацию
Эксплуатация (проживание, оказание услуг, производство продукции с целью
получения доходов) законченных строительством, но не введенных в установленном
порядке в эксплуатацию объектов, комплексов или их отдельных частей –
влечет штраф на физических лиц в размере десяти, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на
субъектов крупного предпринимательства – в размере ста месячных расчетных
показателей.
Глава 21. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ ОХРАНЫ
ОКРУЖАЮЩЕЙ СРЕДЫ, ИСПОЛЬЗОВАНИЯ ПРИРОДНЫХ РЕСУРСОВ Статья 324. Нарушение санитарно-эпидемиологических и
экологических требований по охране окружающей
среды
1. Нарушение норм санитарно-эпидемиологических и экологических требований, а
также гигиенических нормативов по охране окружающей среды, за исключением случаев,
предусмотренных статьей 416 настоящего Кодекса, –
влечет предупреждение или штраф на физических лиц в размере десяти, на
должностных лиц, субъектов малого предпринимательства – в размере пятнадцати, на
субъектов среднего предпринимательства – в размере двадцати месячных расчетных
показателей, на субъектов крупного предпринимательства – в размере суммы
нанесенного окружающей среде вреда.
2. Дача должностными лицами указаний или разрешений на превышение или
занижение установленных норм санитарно-эпидемиологических и экологических
требований по охране окружающей среды –
влечет штраф в размере двадцати пяти месячных расчетных показателей.
Статья 325. Нарушение требований проведения
производственного экологического контроля
Нарушение требований проведения производственного экологического контроля –
влечет штраф на физических лиц в размере двадцати пяти, на должностных лиц,
субъектов малого предпринимательства – в размере шестидесяти, на субъектов среднего
предпринимательства – в размере ста, на субъектов крупного предпринимательства – в
размере двухсот месячных расчетных показателей.
Статья 326. Невыполнение условий природопользования,
указанных в экологическом разрешении
1. Невыполнение условий природопользования, указанных в экологическом
разрешении, –
влечет штраф на должностных лиц в размере пятнадцати, на субъектов малого
предпринимательства – в размере тридцати, на субъектов среднего предпринимательства
– в размере пятидесяти, на субъектов крупного предпринимательства – в размере
двухсот месячных расчетных показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на должностных лиц в размере тридцати, на субъектов малого
предпринимательства – в размере шестидесяти, на субъектов среднего
предпринимательства – в размере ста, на субъектов крупного предпринимательства – в
размере пятисот месячных расчетных показателей.
3. Действия, предусмотренные частью первой настоящей статьи, сопряженные с
нанесением особо крупного ущерба окружающей среде, созданием угрозы безопасности
жизни и здоровью населения, –
влекут штраф на должностных лиц в размере тридцати, на субъектов малого
предпринимательства – в размере шестидесяти, на субъектов среднего
предпринимательства – в размере ста, на субъектов крупного предпринимательства – в
размере пятисот месячных расчетных показателей, с приостановлением действия
экологического разрешения или без такового.
4. Неустранение физическими и юридическими лицами в установленный срок
нарушений, по которым действие экологического разрешения приостановлено, –
влечет лишение экологического разрешения.
Примечание. В случае, если экологическое разрешение выдано
природопользователю на несколько производственных объектов, действие экологического
разрешения лишается по объекту, по которому природопользователем допущено
невыполнение условий природопользования.
Статья 327. Несообщение о производственных
сверхнормативных сбросах и выбросах
загрязняющих веществ, размещении отходов
Несообщение или сообщение искаженной информации органам, осуществляющим
государственный контроль и надзор за охраной окружающей среды и исполнением
природоохранного и санитарно-эпидемиологического законодательства, о
производственных сверхнормативных сбросах и выбросах загрязняющих веществ,
размещении отходов и других вредных аварийных воздействиях на окружающую среду –
влекут штраф в размере двадцати пяти месячных расчетных показателей.
Статья 328. Превышение нормативов эмиссий в окружающую
среду, установленных в экологическом
разрешении, либо отсутствие экологического
разрешения
Превышение нормативов эмиссий в окружающую среду, установленных в проектной
документации и (или) экологическом разрешении, либо отсутствие экологического
разрешения, если эти действия не содержат признаков уголовно наказуемого деяния, –
влекут штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере тридцати, на субъектов среднего предпринимательства
– в размере пятидесяти месячных расчетных показателей, на субъектов крупного
предпринимательства – в размере одной тысячи процентов ставки платы за эмиссии в
окружающую среду за превышенный объем эмиссий.
Статья 329. Превышение установленного объема квоты на
выбросы парниковых газов
Превышение установленного объема квоты на выбросы парниковых газов –
влечет штраф на юридических лиц в размере пяти месячных расчетных показателей
за каждую единицу квоты сверх установленного объема, не компенсированную единицами
квот, приобретенными у других природопользователей, и (или) углеродными единицами,
полученными в результате реализации проектов, в соответствии с законодательством
Республики Казахстан.
Статья 330. Представление недостоверных данных об
инвентаризации парниковых газов, верификации и
валидации (детерминации) независимыми
аккредитованными организациями
Представление недостоверных данных об инвентаризации парниковых газов,
верификации и валидации (детерминации) независимыми аккредитованными организациями
–
влечет штраф на субъектов малого предпринимательства в размере ста
пятидесяти, на субъектов среднего предпринимательства – в размере трехсот, на
субъектов крупного предпринимательства – в размере пятисот месячных расчетных
показателей, с приостановлением действия свидетельства об аккредитации.
Статья 331. Нарушение правил эксплуатации, а также
неиспользование оборудования для очистки
выбросов в атмосферу и сброса сточных вод
Нарушение правил эксплуатации, а также неиспользование оборудования для
очистки выбросов в атмосферу и сброса сточных вод –
влекут штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере сорока, на субъектов
среднего предпринимательства – в размере семидесяти, на субъектов крупного
предпринимательства – в размере двухсот пятидесяти месячных расчетных показателей.
Статья 332. Невыполнение требований законодательства об
обязательном проведении государственной
экологической экспертизы
Невыполнение требований законодательства об обязательном проведении
государственной экологической экспертизы или требований, содержащихся в заключении
государственной экологической экспертизы, а равно финансирование проектов и
программ, не прошедших государственную экологическую экспертизу, –
влекут штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере тридцати, на субъектов среднего предпринимательства
– в размере пятидесяти, на субъектов крупного предпринимательства – в размере
пятисот месячных расчетных показателей.
Статья 333. Выпуск в эксплуатацию транспортных и других
передвижных средств с превышением нормативов
содержания загрязняющих веществ в выбросах
1. Выпуск в эксплуатацию автомобилей, самолетов, судов и других передвижных
средств и установок, у которых содержание загрязняющих веществ в выбросах, а также
уровень шума, производимого ими при работе, превышают установленные нормативы, –
влечет штраф на должностных лиц, субъектов малого предпринимательства или
некоммерческие организации в размере двадцати, на субъектов среднего
предпринимательства – в размере сорока, на субъектов крупного предпринимательства –
в размере ста месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на должностных лиц, субъектов малого предпринимательства или
некоммерческие организации в размере сорока, на субъектов среднего
предпринимательства – в размере восьмидесяти, на субъектов крупного
предпринимательства – в размере пятисот месячных расчетных показателей, с
приостановлением или запрещением деятельности либо без такового.
Статья 334. Эксплуатация автомототранспортных и других
передвижных средств с превышением нормативов
содержания загрязняющих веществ в выбросах
1. Эксплуатация физическими лицами автомототранспортных и других
передвижных средств и установок, у которых содержание загрязняющих веществ в
выбросах, а также уровень шума, производимого ими при работе, превышают
установленные нормативы, –
влечет предупреждение или штраф на физических лиц в размере двух месячных
расчетных показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере пяти месячных расчетных показателей.
Статья 335. Нарушение законодательства по охране
атмосферного воздуха
1. Прием в эксплуатацию новых и реконструированных предприятий, сооружений
и других объектов, не соответствующих требованиям по охране атмосферного воздуха, –
влечет штраф в размере тридцати месячных расчетных показателей.
2. Эксплуатация новых и реконструированных предприятий, сооружений и других
объектов, не соответствующих требованиям по охране атмосферного воздуха, –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере тридцати, на субъектов среднего предпринимательства – в
размере шестидесяти, на субъектов крупного предпринимательства – в размере ста
месячных расчетных показателей.
Статья 336. Несоблюдение требований по охране атмосферного
воздуха и пожарной безопасности при
складировании и сжигании промышленных и
бытовых отходов
Нарушение правил складирования промышленных и бытовых отходов, несоблюдение
требований по охране атмосферного воздуха и пожарной безопасности при сжигании
указанных отходов –
влекут предупреждение или штраф на физических лиц в размере трех, на
должностных лиц – в размере двадцати, на субъектов малого предпринимательства или
некоммерческие организации – в размере сорока, на субъектов среднего
предпринимательства – в размере семидесяти, на субъектов крупного
предпринимательства – в размере ста двадцати месячных расчетных показателей.
Статья 337. Порча земли
1. Уничтожение или незаконное снятие плодородного слоя почвы в целях
продажи или передачи ее другим лицам, за исключением случаев, когда такое снятие
необходимо для предотвращения безвозвратной утери плодородного слоя почвы, –
влекут штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере тридцати, на
субъектов среднего предпринимательства – в размере пятидесяти месячных расчетных
показателей, на субъектов крупного предпринимательства – в размере суммы
нанесенного окружающей среде вреда.
2. Отравление, загрязнение или иная порча земли вредными продуктами
хозяйственной или иной деятельности вследствие нарушения правил обращения с
ядохимикатами, удобрениями, стимуляторами роста растений и иными опасными
химическими, биологическими и радиоактивными веществами при их хранении,
использовании или транспортировке, а равно заражение бактериально-паразитическими
или характерными вредными организмами, но не повлекшие причинение вреда здоровью
человека или окружающей среде, –
влекут штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере двадцати пяти, на
субъектов среднего предпринимательства – в размере сорока, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей.
Статья 338. Нерациональное использование или
неиспользование земель сельскохозяйственного
назначения
Нерациональное использование или неиспользование земель сельскохозяйственного
назначения –
влекут предупреждение или штраф на физических лиц в размере десяти, на
субъектов малого предпринимательства или некоммерческие организации – в размере
сорока, на субъектов среднего предпринимательства – в размере семидесяти, на
субъектов крупного предпринимательства – в размере двухсот месячных расчетных
показателей.
Статья 339. Невыполнение обязанностей собственниками
земельных участков и землепользователями по
использованию земельных участков
1. Невыполнение обязанностей собственниками земельных участков и
землепользователями по использованию земельных участков, проявившееся в:
1) использовании земель не по целевому назначению;
2) неосуществлении мероприятий по охране земель, предусмотренных
законодательным актом в области земельных отношений, –
влечет предупреждение или штраф на физических лиц в размере пяти, на
субъектов малого предпринимательства – в размере десяти, на субъектов среднего
предпринимательства – в размере двадцати, на субъектов крупного предпринимательства
– в размере пятидесяти месячных расчетных показателей.
2. Действие (бездействие), предусмотренное частью первой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере двадцати, на субъектов среднего предпринимательства
– в размере тридцати, на субъектов крупного предпринимательства – в размере
шестидесяти месячных расчетных показателей.
Статья 340. Невыполнение обязанностей по приведению
временно занимаемых земель в состояние,
пригодное для дальнейшего использования по
назначению
Невыполнение обязанностей по приведению временно занимаемых земель в
состояние, пригодное для дальнейшего использования по назначению, –
влечет предупреждение или штраф на физических лиц в размере пяти, на
субъектов малого предпринимательства или некоммерческие организации – в размере
десяти, на субъектов среднего предпринимательства – в размере двадцати, на
субъектов крупного предпринимательства – в размере ста десяти месячных расчетных
показателей.
Статья 341. Сокрытие информации о наличии земельных
участков для жилищного строительства,
специального земельного фонда
Сокрытие информации о наличии земельных участков для строительства
индивидуальных жилых домов, специального земельного фонда, ее искажение,
необоснованный отказ в выделении земельных участков –
влекут штраф на должностных лиц местных исполнительных органов в размере
десяти месячных расчетных показателей.
Статья 342. Искажение сведений государственной
регистрации, учета и оценки земель
Умышленное искажение сведений государственной регистрации, учета и оценки
земель –
влечет штраф на должностных лиц в размере двадцати месячных расчетных
показателей.
Статья 343. Нарушение законодательства Республики
Казахстан в области геодезии и картографии
1. Осуществление геодезических и картографических работ при отсутствии:
собственного или арендованного комплекта поверенных приборов, оборудования и
инструментов, позволяющих выполнять геодезические и (или) картографические работы,
либо договора на оказание услуг с организацией, имеющей комплект поверенных
приборов, оборудования, инструментов с указанием заводских номеров;
в штате специалиста, имеющего высшее или послесреднее образование в сфере
геодезии и (или) картографии, –
влечет штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере шестидесяти, на
субъектов среднего предпринимательства – в размере ста, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере пятидесяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере ста, на субъектов
среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного
предпринимательства – в размере трехсот месячных расчетных показателей.
Статья 344. Нарушение требований к обращению с отходами
производства и потребления, сбросу сточных вод
Нарушение требований к обращению с отходами производства и потребления, а
также к сбросу сточных вод -
влечет предупреждение или штраф на физических лиц в размере десяти, на
субъектов малого предпринимательства или некоммерческие организации – в размере
двадцати, на субъектов среднего предпринимательства – в размере тридцати месячных
расчетных показателей, на субъектов крупного предпринимательства – в размере суммы
нанесенного окружающей среде вреда.
Статья 345. Нарушение правил по рациональному и
комплексному использованию недр
Нарушение правил по рациональному и комплексному использованию недр при
проведении операций по недропользованию –
влечет штраф на субъектов малого предпринимательства в размере тридцати, на
субъектов среднего предпринимательства – в размере пятидесяти, на субъектов
крупного предпринимательства – в размере ста пятидесяти месячных расчетных
показателей.
Статья 346. Несоблюдение показателей проектных документов
на проведение операций по недропользованию, за
исключением углеводородного сырья
Несоблюдение проектных решений на проведение операций по недропользованию, за
исключением углеводородного сырья, –
влечет штраф на субъектов малого предпринимательства в размере тридцати, на
субъектов среднего предпринимательства – в размере пятидесяти, на субъектов
крупного предпринимательства – в размере двухсот месячных расчетных.
Статья 347. Нарушение экологических норм и правил при
использовании недр и переработке минерального
сырья
1. Нарушение экологических норм и правил при использовании недр и
переработке минерального сырья, если это деяние не повлекло причинение
значительного ущерба, –
влечет предупреждение.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства – в размере тридцати, на субъектов среднего предпринимательства
– в размере пятидесяти месячных расчетных показателей, на субъектов крупного
предпринимательства – в размере суммы нанесенного окружающей среде вреда.
Статья 348. Проведение работ по добыче без проведения
государственной экспертизы запасов полезных
ископаемых
Проведение работ по добыче без проведения государственной экспертизы запасов
полезных ископаемых –
влечет штраф в размере двадцати месячных расчетных показателей.
Статья 349. Искажение первичной и государственной
отчетности по учету добычи и переработке
минерального сырья
Искажение первичной и государственной отчетности по учету добычи и
переработки минерального сырья –
влечет штраф в размере двадцати месячных расчетных показателей.
Статья 350. Необеспечение достоверного учета извлекаемых и
погашенных в недрах запасов основных и
совместно с ними залегающих полезных
ископаемых и попутных компонентов, в том числе
продуктов переработки минерального сырья и
отходов производства при разработке
месторождений
Необеспечение достоверного учета извлекаемых и погашенных в недрах запасов
основных и совместно с ними залегающих полезных ископаемых и попутных компонентов,
в том числе продуктов переработки минерального сырья и отходов производства при
разработке месторождений, –
влечет штраф в размере двадцати пяти месячных расчетных показателей.
Статья 351. Нарушение правил учета, утилизации и
обезвреживания отходов производства и
потребления
Нарушение правил учета, утилизации и обезвреживания отходов производства и
потребления –
влечет штраф на субъектов малого предпринимательства в размере десяти, на
субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей.
Статья 352. Нарушение требований по приведению горных
выработок и буровых скважин в состояние,
обеспечивающее их сохранность и безопасность
населения
Утрата маркшейдерской документации, нарушение требований по приведению
ликвидируемых или консервируемых горных выработок и буровых скважин в состояние,
обеспечивающее безопасность населения, а также требований по сохранению горных
выработок и буровых скважин на время консервации –
влекут штраф на должностных лиц, субъектов малого предпринимательства в
размере двадцати, на субъектов среднего предпринимательства – в размере тридцати,
на субъектов крупного предпринимательства – в размере ста месячных расчетных
показателей.
Статья 353. Нарушение требований по ликвидации и
консервации объектов пользования недрами
Нарушение требований по ликвидации и консервации объектов пользования недрами
–
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере тридцати, на субъектов среднего предпринимательства – в
размере пятидесяти, на субъектов крупного предпринимательства – в размере ста
пятидесяти месячных расчетных показателей.
Статья 354. Отказ или уклонение от предоставления органам
государственного контроля за охраной недр
информации об использовании минерального
сырья
Отказ или уклонение от предоставления органам государственного контроля за
охраной недр своевременной, полной и достоверной информации о состоянии пользования
недрами, добытого и переработанного минерального сырья –
влечет штраф на субъектов малого предпринимательства в размере шести, на
субъектов среднего предпринимательства – в размере десяти, на субъектов крупного
предпринимательства – в размере сорока месячных расчетных показателей.
Статья 355. Дача должностными лицами указаний или
разрешений, влекущих нарушение
законодательства Республики Казахстан о недрах
и недропользовании
Дача должностными лицами указаний или разрешений, влекущих
нарушение законодательства Республики Казахстан о недрах и недропользовании, –
влечет штраф в размере двадцати пяти месячных расчетных показателей.
Статья 356. Нарушение правил проведения нефтяных операций
и работ по недропользованию
Сноска. Заголовок статьи 356 в редакции Закона РК от 29.12.2014 № 272-
V (вводится в действие по истечении десяти календарных дней после дня его первого
официального опубликования).
1. Нарушение правил проведения операций по недропользованию, а также
условий контрактов на недропользование –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере шестидесяти пяти, на субъектов среднего предпринимательства –
в размере ста, на субъектов крупного предпринимательства – в размере ста пятидесяти
месячных расчетных показателей.
2. Невыполнение экологических требований и условий контракта на
недропользование по вопросам охраны окружающей среды –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере шестидесяти пяти, на субъектов среднего предпринимательства –
в размере ста, на субъектов крупного предпринимательства – в размере ста пятидесяти
месячных расчетных показателей.
3. Нарушение условий проведения нефтяных операций, предусмотренных
законодательством Республики Казахстан о недрах и недропользовании, а также
нарушение требований проектов поисковых, оценочных работ и проектных документов на
проведение работ по добыче -
влекут штраф на субъектов малого предпринимательства в размере ста
пятидесяти, на субъектов среднего предпринимательства - в размере трехсот, на
субъектов крупного предпринимательства - в размере одной тысячи месячных расчетных
показателей.
4. Проведение поисковых, оценочных работ и работ по добыче без утвержденного
в установленном порядке проекта поисковых работ, проекта оценочных работ и
проектного документа на проведение работ по добыче -
влечет штраф на субъектов малого предпринимательства в размере двухсот
пятидесяти, на субъектов среднего предпринимательства - в размере пятисот, на
субъектов крупного предпринимательства - в размере двух тысяч месячных расчетных
показателей.
5. Сжигание попутного и (или) природного газа без разрешения или без
соблюдения условий разрешения уполномоченного органа в области нефти и газа, за
исключением случаев угрозы или возникновения аварийных ситуаций, угрозы жизни
персоналу или здоровью населения и окружающей среде, -
влечет штраф на субъектов малого предпринимательства в размере двухсот
пятидесяти, на субъектов среднего предпринимательства - в размере пятисот, на
субъектов крупного предпринимательства - в размере двух тысяч месячных расчетных
показателей.
6. Проведение работ недропользователем по добыче углеводородного сырья без
утилизации и (или) переработке попутного и (или) природного газа -
влечет штраф на субъектов малого предпринимательства в размере двухсот
пятидесяти, на субъектов среднего предпринимательства - в размере пятисот, на
субъектов крупного предпринимательства - в размере двух тысяч месячных расчетных
показателей.
7. Отклонение от утвержденной в установленном порядке проектной документации
при строительстве необходимых промысловых объектов и иных объектов инфраструктуры,
необходимых для добычи, подготовки, хранения и транспортировки углеводородов от
места добычи и хранения до места перевалки в магистральный трубопровод и (или) на
другой вид транспорта, -
влечет штраф на субъектов малого предпринимательства в размере двухсот
пятидесяти, на субъектов среднего предпринимательства - в размере пятисот, на
субъектов крупного предпринимательства - в размере двух тысяч месячных расчетных
показателей.
8. Эксплуатация скважин с нарушением установленных законодательством
требований -
влечет штраф на субъектов малого предпринимательства в размере ста
пятидесяти, на субъектов среднего предпринимательства - в размере трехсот, на
субъектов крупного предпринимательства - в размере одной тысячи месячных расчетных
показателей.
9. Проведение нефтяных операций на море без разрешения, за исключением
случаев, предусмотренных Законом Республики Казахстан «О недрах и
недропользовании», или без соблюдения условий разрешения уполномоченного органа в
области нефти и газа –
влечет штраф на субъектов малого предпринимательства в размере двухсот
пятидесяти, на субъектов среднего предпринимательства – в размере пятисот, на
субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных
показателей.
10. Нарушение порядка проведения морских научных исследований –
влечет штраф на субъектов малого предпринимательства в размере ста
пятидесяти, на субъектов среднего предпринимательства – в размере трехсот, на
субъектов крупного предпринимательства – в размере пятисот месячных расчетных
показателей.
11. Отсутствие у недропользователя, осуществляющего нефтяные операции на
море, физического или юридического лица, осуществляющего деятельность на море,
связанную с риском разлива нефти на море, утвержденного плана организации по
предупреждению и ликвидации нефтяных разливов –
влечет штраф на физических лиц в размере ста пятидесяти, на субъектов малого
предпринимательства – в размере двухсот, на субъектов среднего предпринимательства
– в размере четырехсот, на субъектов крупного предпринимательства – в размере двух
тысяч месячных расчетных показателей.
12. Проведение нефтяных операций на море без собственных материалов и
оборудования, необходимых для ликвидации последствий разливов нефти на море первого
и второго уровней, либо заключенного договора со специализированной организацией –
влечет штраф на физических лиц в размере ста пятидесяти, на субъектов малого
предпринимательства – в размере двухсот, на субъектов среднего предпринимательства
– в размере четырехсот, на субъектов крупного предпринимательства – в размере двух
тысяч месячных расчетных показателей.
13. Деяние, предусмотренное частью восьмой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере двухсот
пятидесяти, на субъектов среднего предпринимательства – в размере пятисот, на
субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных
показателей.
14. Деяния, предусмотренные частями четвертой, пятой, шестой и девятой
настоящей статьи, совершенные повторно в течение года после наложения
административного взыскания, –
влекут приостановление или запрещение деятельности или отдельных видов
деятельности.
Сноска. Статья 356 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие по истечении десяти календарных дней после дня его первого
официального опубликования).
Статья 357. Регистрация незаконных сделок по
природопользованию
Регистрация заведомо незаконных сделок по природопользованию, искажение
данных государственного учета и государственных кадастров природных ресурсов, а
равно умышленное занижение платы за пользование природными ресурсами, загрязнение
окружающей среды, охрану и воспроизводство природных ресурсов, если эти деяния
совершены из корыстной или иной личной заинтересованности должностным лицом с
использованием своего служебного положения, –
влекут штраф в размере пятисот месячных расчетных показателей либо
административный арест до тридцати суток.
Статья 358. Нарушение правил охраны водных ресурсов
1. Ввод в эксплуатацию предприятий, коммунальных и других объектов без
сооружений и устройств, предотвращающих загрязнение и засорение вод или их вредное
воздействие, –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере тридцати, на субъектов среднего предпринимательства – в
размере пятидесяти, на субъектов крупного предпринимательства – в размере ста
месячных расчетных показателей.
2. Непроведение гидротехнических, технологических, лесомелиоративных,
санитарных и других мероприятий, обеспечивающих охрану вод от загрязнения,
засорения и истощения, а также улучшение состояния режима вод, –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере двадцати пяти, на субъектов среднего предпринимательства – в
размере семидесяти, на субъектов крупного предпринимательства – в размере ста
месячных расчетных показателей.
Статья 359. Повреждение водохозяйственных сооружений,
устройств и противопожарных систем
водоснабжения, нарушение правил их
эксплуатации
1. Повреждение водохозяйственных сооружений и устройств, средств измерений
для учета потребления и сброса вод, а также противопожарных систем водоснабжения –
влечет штраф на физических лиц в размере десяти, на должностных лиц – в
размере двадцати пяти месячных расчетных показателей.
2. Нарушение правил эксплуатации водохозяйственных сооружений и устройств –
влечет штраф на должностных лиц в размере двадцати месячных расчетных
показателей.
Статья 360. Незаконное строительство на водоохранных зонах
и полосах водных объектов
1. Незаконное строительство зданий, сооружений и других объектов на
водоохранных зонах и полосах, а также незаконное изменение естественного русла реки
–
влекут штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере сорока пяти, на
субъектов среднего предпринимательства – в размере семидесяти, на субъектов
крупного предпринимательства – в размере двухсот пятидесяти месячных расчетных
показателей, с принудительным сносом незаконно возводимого или возведенного
строения.
2. Незаконное бурение скважин на воду и строительство водозаборов подземных
вод –
влекут штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере сорока, на субъектов
среднего предпринимательства – в размере пятидесяти пяти, на субъектов крупного
предпринимательства – в размере ста пятидесяти месячных расчетных показателей.
Статья 361. Нарушение правил ведения первичного учета вод
и их использования
Нарушение правил ведения первичного учета вод и их использования –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере тридцати, на субъектов среднего предпринимательства – в
размере пятидесяти, на субъектов крупного предпринимательства – в размере ста
месячных расчетных показателей.
Статья 362. Искажение данных учета и отчетности водных
ресурсов
Искажение данных учета и отчетности водного кадастра, схем комплексного
использования и охраны водных ресурсов, а также их непредставление в сроки,
установленные законодательством Республики Казахстан, –
влекут штраф на должностных лиц субъектов малого предпринимательства или
некоммерческие организации в размере двадцати, на субъектов среднего
предпринимательства – в размере тридцати, на субъектов крупного предпринимательства
– в размере ста месячных расчетных показателей.
Статья 363. Воспрепятствование регулированию водными
ресурсами
Воспрепятствование регулированию водными ресурсами в интересах их
комплексного использования, экологии и вододеления –
влечет штраф на физических лиц в размере десяти, на должностных лиц – в
размере двадцати месячных расчетных показателей.
Статья 364. Нарушение правил общего водопользования
1. Нарушение правил общего водопользования, совершенное в виде:
1) купания, забора воды для питьевых и бытовых нужд, водопоя скота, катания
на маломерных судах и других плавучих средствах в запрещенных местах;
2) ограничения физическими и юридическими лицами доступа населения к водным
объектам общего водопользования путем установления заграждений, охранных пунктов,
запрещающих знаков, –
влечет предупреждение на физических и юридических лиц.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере двух, на субъектов малого
предпринимательства или некоммерческие организации – в размере десяти, на субъектов
среднего предпринимательства – в размере двадцати пяти, на субъектов крупного
предпринимательства – в размере шестидесяти месячных расчетных показателей.
Статья 365. Нарушение установленных водных сервитутов
1. Нарушение установленных водных сервитутов –
влечет предупреждение на физических и юридических лиц.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере двух, на субъектов малого
предпринимательства или некоммерческие организации – в размере десяти, на субъектов
среднего предпринимательства – в размере двадцати пяти, на субъектов крупного
предпринимательства – в размере шестидесяти месячных расчетных показателей
Статья 366. Незаконные раскорчевка, возведение построек,
переработка древесины, устройство складов на
землях лесного фонда
Незаконные раскорчевка, возведение построек, переработка древесины,
устройства складов на землях лесного фонда –
влекут предупреждение или штраф на физических лиц в размере пяти, на
субъектов малого предпринимательства или некоммерческие организации – в размере
десяти, на субъектов среднего предпринимательства – в размере пятнадцати, на
субъектов крупного предпринимательства – в размере ста пятидесяти месячных
расчетных показателей.
Статья 367. Нарушение требований пожарной безопасности и
санитарных правил в лесах
1. Нарушение требований пожарной безопасности и санитарных правил в лесах –
влечет штраф на физических лиц в размере десяти, на должностных лиц,
субъектов малого предпринимательства – в размере тридцати, на субъектов среднего
предпринимательства – в размере пятидесяти, на субъектов крупного
предпринимательства – в размере ста пятидесяти месячных расчетных показателей.
2. То же деяние, повлекшее возникновение пожара, причинение вреда здоровью
человека и окружающей среде, если это действие не причинило крупный ущерб, –
влечет штраф на физических лиц в размере двадцати пяти, на должностных лиц,
субъектов малого предпринимательства – в размере сорока пяти, на субъектов среднего
предпринимательства – в размере семидесяти, на субъектов крупного
предпринимательства – в размере двухсот пятидесяти месячных расчетных показателей.
3. Действия, предусмотренные частями первой и второй настоящей статьи,
совершенные на особо охраняемых природных территориях, –
влекут штраф на физических лиц в размере ста, на должностных лиц, субъектов
малого предпринимательства – в размере двухсот пятидесяти, на субъектов среднего
предпринимательства – в размере четырехсот, на субъектов крупного
предпринимательства – в размере тысячи пятисот месячных расчетных показателей.
Статья 368. Нарушение установленного порядка использования
лесосечного фонда, заготовки и вывозки
древесины, добычи живицы и древесных соков,
второстепенных лесных материалов
1. Нарушение установленного порядка использования лесосечного фонда,
заготовки и вывозки древесины, добычи живицы и древесных соков, второстепенных
лесных материалов –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере тридцати, на субъектов среднего предпринимательства
– в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста
месячных расчетных показателей.
2. То же действие, совершенное на особо охраняемых природных территориях, –
влечет предупреждение или штраф на физических лиц в размере двадцати, на
субъектов малого предпринимательства или некоммерческие организации – в размере
сорока пяти, на субъектов среднего предпринимательства – в размере семидесяти, на
субъектов крупного предпринимательства – в размере двухсот пятидесяти месячных
расчетных показателей.
Статья 369. Нарушение сроков возврата временно занимаемых
участков лесного фонда и особо охраняемых
природных территорий
1. Нарушение сроков возврата временно занимаемых участков государственного
лесного фонда или невыполнение обязанностей по приведению их в состояние, пригодное
для использования по назначению, -
влечет предупреждение или штраф на физических лиц в размере трех, на
субъектов малого предпринимательства или некоммерческие организации – в размере
пятнадцати, на субъектов среднего предпринимательства – в размере двадцати пяти, на
субъектов крупного предпринимательства – в размере ста месячных расчетных
показателей.
2. То же действие, совершенное на особо охраняемых природных территориях, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере тридцати, на
субъектов среднего предпринимательства – в размере пятидесяти, на субъектов
крупного предпринимательства – в размере двухсот пятидесяти месячных расчетных
показателей.
Статья 370. Повреждение сенокосов и пастбищных угодий, а
также незаконное сенокошение и пастьба скота,
сбор лекарственных растений и технического
сырья на землях лесного фонда
1. Повреждение сенокосов и пастбищных угодий на землях лесного фонда –
влечет предупреждение или штраф на физических лиц в размере двух месячных
расчетных показателей.
2. Незаконные сенокошение и пастьба скота в лесах и на землях лесного фонда
–
влекут предупреждение или штраф на физических лиц в размере трех месячных
расчетных показателей.
3. Незаконный сбор лекарственных растений и технического сырья на участках,
где это запрещено или допускается только по лесным билетам, –
влечет предупреждение или штраф на физических лиц в размере трех месячных
расчетных показателей.
4. Действия, предусмотренные частями первой, второй и третьей настоящей
статьи, совершенные на особо охраняемых природных территориях, –
влекут штраф на физических лиц в размере двадцати месячных расчетных
показателей.
Статья 371. Нарушение порядка и сроков облесения вырубок и
других категорий земель лесного фонда,
предназначенных лесовосстановления и
лесоразведения
Нарушение порядка и сроков облесения вырубок и других категорий земель
лесного фонда, предназначенных для лесовосстановления и лесоразведения, –
влечет предупреждение или штраф на должностных лиц в размере десяти месячных
расчетных показателей.
Статья 372. Уничтожение или повреждение лесной фауны, а
также повреждение, засорение леса отходами,
химическими веществами и иное нанесение
ущерба землям лесного фонда
1. Уничтожение или повреждение лесной фауны –
влечет штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере десяти, на субъектов
среднего предпринимательства – в размере двадцати, на субъектов крупного
предпринимательства – в размере двухсот пятидесяти месячных расчетных показателей.
2. Повреждение леса сточными водами, химическими веществами, промышленными и
бытовыми выбросами, отходами и отбросами, влекущее его усыхание или заболевание
либо засорение леса, –
влечет штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере тридцати пяти, на
субъектов среднего предпринимательства – в размере семидесяти, на субъектов
крупного предпринимательства – в размере четырехсот месячных расчетных показателей.
3. Уничтожение или повреждение лесоосушительных канав, дренажных систем и
дорог на землях лесного фонда –
влечет штраф на физических лиц в размере пяти месячных расчетных показателей.
4. Действия, предусмотренные частями первой, второй и третьей настоящей
статьи, совершенные на особо охраняемых природных территориях, –
влекут штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере пятидесяти пяти, на
субъектов среднего предпринимательства – в размере ста, на субъектов крупного
предпринимательства – в размере пятисот месячных расчетных показателей.
Статья 373. Осуществление лесных пользований не в
соответствии с целями или требованиями,
предусмотренными разрешительными документами
1. Осуществление лесных пользований не в соответствии с целями или
требованиями, предусмотренными разрешительными документами, –
влечет штраф на физических лиц в размере трех, на субъектов малого
предпринимательства – в размере пяти, на субъектов среднего предпринимательства – в
размере десяти, на субъектов крупного предпринимательства – в размере сорока
месячных расчетных показателей.
2. То же действие, совершенное на особо охраняемых природных территориях, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере двадцати, на субъектов среднего предпринимательства
– в размере тридцати, на субъектов крупного предпринимательства – в размере ста
месячных расчетных показателей.
Статья 374. Строительство и эксплуатация объектов,
приведших к вредному воздействию на состояние
и воспроизводство лесов
1. Строительство и эксплуатация объектов, приведших к вредному воздействию
на состояние и воспроизводство лесов, –
влекут штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства – в размере десяти, на субъектов среднего предпринимательства –
в размере пятнадцати, на субъектов крупного предпринимательства – в размере ста
месячных расчетных показателей.
2. Те же действия, совершенные на особо охраняемых природных территориях, –
влекут штраф на физических лиц в размере двадцати, на должностных лиц,
субъектов малого предпринимательства – в размере тридцати пяти, на субъектов
среднего предпринимательства – в размере пятидесяти, на субъектов крупного
предпринимательства – в размере четырехсот месячных расчетных показателей.
Статья 375. Нарушение установленного порядка отвода и
таксации лесосек
Нарушение установленного порядка отвода и таксации лесосек –
влечет предупреждение или штраф на должностных лиц в размере десяти месячных
расчетных показателей.
Статья 376. Допущение заготовки древесины в размерах,
превышающих расчетную лесосеку
Допущение заготовки древесины в размерах, превышающих расчетную лесосеку, –
влечет штраф на должностных лиц в размере трехсот месячных расчетных
показателей.
Статья 377. Незаконные транспортировка, хранение и
применение пестицидов (ядохимикатов) и других
препаратов
1. Незаконные транспортировка, хранение и применение пестицидов
(ядохимикатов) и других препаратов, которые повлекли или могли повлечь загрязнение
окружающей среды либо причинение ущерба животному миру, за исключением случаев,
предусмотренных статьей 416 настоящего Кодекса, –
влекут предупреждение или штраф на физических лиц в размере пяти, на
субъектов малого предпринимательства или некоммерческие организации – в размере
двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на
субъектов крупного предпринимательства – в размере ста месячных расчетных
показателей.
2. Те же действия, совершенные на особо охраняемых природных территориях, –
влекут штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере пятидесяти, на
субъектов среднего предпринимательства – в размере ста, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей.
Статья 378. Нарушение правил охраны мест произрастания
растений и среды обитания животных, правил
создания, хранения, учета и использования
зоологических коллекций, а равно незаконные
переселение, акклиматизация, реакклиматизация
и скрещивание животных
1. Нарушение правил охраны мест произрастания растений и среды обитания
животных, условий размножения, путей миграции и мест концентраций животных, правил
создания, хранения, учета и использования зоологических и ботанических коллекций, а
равно незаконные переселение, акклиматизация, реакклиматизация и скрещивание
животных –
влекут предупреждение или штраф на физических лиц в размере восьми, на
должностных лиц, субъектов малого предпринимательства – в размере четырнадцати, на
субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного
предпринимательства – в размере шестидесяти месячных расчетных показателей.
2. Те же действия, совершенные на особо охраняемых природных территориях, –
влекут предупреждение или штраф на физических лиц в размере пятнадцати, на
должностных лиц, субъектов малого предпринимательства – в размере тридцати, на
субъектов среднего предпринимательства – в размере пятидесяти, на субъектов
крупного предпринимательства – в размере ста месячных расчетных показателей.
Статья 379. Нарушение мероприятий охраны растений и
животных при размещении, проектировании и
строительстве населенных пунктов, предприятий
и других объектов, осуществлении
производственных процессов и эксплуатации
транспортных средств, применении средств
защиты растений, минеральных удобрений других
препаратов
Нарушение мероприятий охраны растений и животных при размещении,
проектировании и строительстве населенных пунктов, предприятий и других объектов,
осуществлении производственных процессов и эксплуатации транспортных средств,
применении средств защиты растений, минеральных удобрений и других препаратов, за
исключением случаев, предусмотренных статьей 416 настоящего Кодекса, –
влечет предупреждение или штраф на физических лиц в размере восьми, на
должностных лиц, субъектов малого предпринимательства или некоммерческие
организации – в размере четырнадцати, на субъектов среднего предпринимательства – в
размере двадцати, на субъектов крупного предпринимательства – в размере семидесяти
месячных расчетных показателей.
Статья 380. Нарушение порядка пребывания физических лиц на
отдельных видах особо охраняемых природных
территорий
Пребывание физических лиц без специального разрешения и вне отведенных мест
для посещения на территориях государственных природных заповедников,
государственных национальных природных парков, государственных природных
резерватов, государственных природных парков –
влечет предупреждение или штраф в размере двух месячных расчетных
показателей.
Статья 381. Повреждение или уничтожение объектов
селекционно-генетического назначения
Повреждение или уничтожение объектов селекционно-генетического назначения:
плюсовых деревьев, архивных клонов плюсовых деревьев, географических культур,
испытательных культур популяций и гибридов, деревьев и кустарников на лесосеменных
плантациях, деревьев и кустарников на постоянных лесосеменных участках, деревьев и
кустарников в плюсовых насаждениях –
влечет предупреждение или штраф на физических лиц в размере десяти, на
субъектов малого предпринимательства или некоммерческие организации – в размере
сорока, на субъектов среднего предпринимательства – в размере семидесяти, на
субъектов крупного предпринимательства – в размере трехсот месячных расчетных
показателей.
Статья 382. Нарушение требований пользования животным
миром и правил охоты
1. Нарушение требований пользования животным миром и (или) правил охоты, не
содержащее признаков уголовно наказуемого деяния, –
влечет предупреждение или штраф на физических лиц в размере пяти, на
субъектов малого предпринимательства – в размере двадцати пяти, на субъектов
среднего предпринимательства – в размере пятидесяти, на субъектов крупного
предпринимательства – в размере ста месячных расчетных показателей.
2. То же нарушение, предусмотренное частью первой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства – в размере шестидесяти пяти, на субъектов среднего
предпринимательства – в размере ста, на субъектов крупного предпринимательства – в
размере двухсот месячных расчетных показателей либо лишение права охоты на срок до
двух лет, с конфискацией орудий добывания животных, транспортных средств и иных
предметов, явившихся орудием совершения указанного нарушения.
3. Действие, предусмотренное частью первой настоящей статьи, совершенное на
особо охраняемых природных территориях, –
влечет штраф на физических лиц в размере семидесяти, на субъектов малого
предпринимательства – в размере ста десяти, на субъектов среднего
предпринимательства – в размере ста пятидесяти, на субъектов крупного
предпринимательства – в размере одной тысячи месячных расчетных показателей либо
лишение права охоты на срок до двух лет, с конфискацией предметов и (или) орудия
административного правонарушения.
Статья 383. Нарушение правил рыболовства и охраны рыбных
ресурсов и других водных животных
1. Нарушение правил рыболовства, а также правил осуществления других видов
пользования рыбными ресурсами и другими водными животными, не содержащее признаков
уголовно наказуемого деяния, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере тридцати, на субъектов среднего предпринимательства
– в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста
месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства – в размере пятидесяти, на субъектов среднего
предпринимательства – в размере семидесяти, на субъектов крупного
предпринимательства – в размере ста пятидесяти месячных расчетных показателей.
3. Грубое нарушение правил рыболовства, за исключением любительского
(спортивного) рыболовства, в запрещенные сроки, запрещенными орудиями или
способами, в запрещенных местах, а также правил осуществления других видов
пользования рыбными ресурсами и другими водными животными, не содержащее признаков
уголовно наказуемого деяния, –
влечет штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства – в размере шестидесяти, на субъектов среднего
предпринимательства – в размере ста, на субъектов крупного предпринимательства – в
размере двухсот пятидесяти месячных расчетных показателей, с конфискацией предметов
и (или) орудия административного правонарушения или без таковой.
4. Действие, предусмотренное частью третьей настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере сорока, на субъектов малого
предпринимательства – в размере восьмидесяти, на субъектов среднего
предпринимательства – в размере ста двадцати, на субъектов крупного
предпринимательства – в размере трехсот месячных расчетных показателей, с
конфискацией предметов и (или) орудия административного правонарушения или без
таковой.
5. Забор воды из рыбохозяйственных водоемов без установки специальных
приспособлений для предохранения от попадания рыбы в водозаборные сооружения –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере тридцати, на субъектов среднего предпринимательства
– в размере семидесяти, на субъектов крупного предпринимательства – в размере ста
пятидесяти месячных расчетных показателей.
Статья 384. Нарушение требований законодательства в
области охраны, воспроизводства и
использования рыбных ресурсов и других водных
животных
Нарушение требований законодательства в области охраны, воспроизводства и
использования рыбных ресурсов и других водных животных, если это действие не
содержит признаков уголовно наказуемого деяния, совершенное в виде:
1) допущения сброса вредных веществ, превышающих установленные нормативы;
2) необеспечения новых и реконструируемых объектов сооружениями и
устройствами, предотвращающими вредное воздействие, загрязнение и засорение вод;
3) использования животноводческих ферм и других производственных комплексов,
не имеющих очистных сооружений и санитарно-защитных зон;
4) использования сооружений и устройств для транспортирования и хранения
нефтяных, химических и других продуктов без оборудования их средствами для
предотвращения загрязнения вод;
5) применения ядохимикатов, удобрений на водосборной площади водных объектов;
6) сброса и захоронения радиоактивных и токсичных веществ в водные объекты;
7) сброса в водные объекты сточных вод промышленных, пищевых объектов, не
имеющих сооружений очистки и не обеспечивающих в соответствии с нормативами
эффективной очистки;
8) применения техники и технологий на водных объектах и водохозяйственных
сооружениях, представляющих угрозу окружающей среде;
9) сброса в водные объекты и захоронения в них твердых, производственных,
бытовых и других отходов;
10) засорения водосборных площадей водных объектов, ледяного покрова водных
объектов, ледников твердыми, производственными, бытовыми и другими отходами, смыв
которых повлечет ухудшение качества поверхностных водных объектов, –
влечет штраф на физических лиц в размере десяти, на должностных лиц,
субъектов малого предпринимательства – в размере тридцати, на субъектов среднего
предпринимательства – в размере пятидесяти, на субъектов крупного
предпринимательства – в размере ста месячных расчетных показателей.
Статья 385. Нарушение правил ведения охотничьего хозяйства
1. Нарушение правил ведения охотничьего хозяйства, если это действие не
содержит признаков уголовно наказуемого деяния, совершенное в виде:
1) незаконного ограничения посещения охотничьих угодий;
2) применения запрещенных видов, способов и сроков охоты;
3) необеспечения организации охраны, воспроизводства и пользования животным
миром на закрепленных охотничьих угодьях и рыбохозяйственных водоемах, –
влечет штраф на физических лиц в размере трех, на должностных лиц – в размере
двадцати месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное три
и более раза в течение одного года, после наложения административного взыскания,
если это действие не содержит признаков уголовно наказуемого деяния, –
влечет штраф на физических лиц в размере пяти, на должностных лиц, субъектов
малого предпринимательства – в размере двадцати, на субъектов среднего
предпринимательства – в размере сорока, на субъектов крупного предпринимательства –
в размере ста месячных расчетных показателей, либо лишение права ведения
охотничьего хозяйства.
Статья 386. Нарушение правил содержания и защиты зеленых
насаждений
Нарушение устанавливаемых местными представительными органами областей,
города республиканского значения и столицы правил содержания и защиты зеленых
насаждений –
влечет предупреждение или штраф на физических лиц в размере пятнадцати, на
субъектов малого предпринимательства или некоммерческие организации – в размере
тридцати, на субъектов среднего предпринимательства – в размере пятидесяти, на
субъектов крупного предпринимательства – в размере ста пятидесяти месячных
расчетных показателей.
Статья 387. Несвоевременная очистка мест рубок от
порубочных остатков, засорение просек и
прилегающих к лесосекам территорий
1. Несвоевременная очистка мест рубок от порубочных остатков, засорение
просек и прилегающих к лесосекам территорий –
влекут предупреждение или штраф на физических лиц в размере пяти, на
субъектов малого предпринимательства – в размере двенадцати, на субъектов среднего
предпринимательства – в размере двадцати, на субъектов крупного предпринимательства
– в размере пятидесяти месячных расчетных показателей.
2. Те же деяния, совершенные на особо охраняемых природных территориях, –
влекут штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства – в размере двадцати пяти, на субъектов среднего
предпринимательства – в размере сорока, на субъектов крупного предпринимательства –
в размере восьмидесяти месячных расчетных показателей.
Статья 388. Нарушения порядка и сроков разработки лесосек
1. Нарушения порядка и сроков разработки лесосек –
влекут предупреждение или штраф на физических лиц в размере пяти, на
субъектов малого предпринимательства – в размере двенадцати, на субъектов среднего
предпринимательства – в размере двадцати пяти, на субъектов крупного
предпринимательства – в размере пятидесяти месячных расчетных показателей.
2. Те же деяния, совершенные на особо охраняемых природных территориях, –
влекут штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства – в размере тридцати пяти, на субъектов среднего
предпринимательства – в размере пятидесяти, на субъектов крупного
предпринимательства – в размере ста пятидесяти месячных расчетных показателей.
Статья 389. Незаконные приобретение, сбыт, провоз, ввоз,
вывоз, хранение (содержание) видов диких
животных и растений, их частей или дериватов
1. Незаконные приобретение, сбыт, провоз, ввоз, вывоз, хранение
(содержание) видов диких животных и растений, их частей или дериватов –
влекут штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере тридцати, на субъектов среднего предпринимательства
– в размере пятидесяти, на субъектов крупного предпринимательства – в размере
семидесяти месячных расчетных показателей, с конфискацией видов диких животных и
растений и их продукции.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение одного года после наложения административного взыскания, –
влекут штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства – в размере шестидесяти, на субъектов среднего
предпринимательства – в размере ста, на субъектов крупного предпринимательства – в
размере ста сорока месячных расчетных показателей, с конфискацией видов диких
животных и растений и их продукции.
Статья 390. Нарушение порядка выдачи и использования
выданных разрешений на пользование животным
миром
1. Нарушение порядка выдачи разрешения на пользование животным миром –
влечет штраф на должностных лиц в размере двадцати пяти месячных расчетных
показателей.
2. Нарушение выданных разрешений на пользование животным миром, выразившееся
в незаконном изъятии половозрастного состава (в случае указания), сроков изъятия,
территории и границ участка предполагаемого изъятия, способов изъятия (отлов,
отстрел, сбор) животного мира из среды обитания, если это действие не содержит
признаков уголовно наказуемого деяния, –
влечет штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства – в размере двенадцати, на субъектов среднего
предпринимательства – в размере двадцати, на субъектов крупного предпринимательства
– в размере пятидесяти месячных расчетных показателей.
Статья 391. Незаконное изменение условий выданной
лицензии, а равно нарушение утвержденного
порядка проведения нефтяных операций на море
Незаконное изменение условий выданной лицензии, а равно нарушение
утвержденного порядка проведения нефтяных операций на море –
влекут штраф на субъектов малого предпринимательства в размере пятидесяти, на
субъектов среднего предпринимательства – в размере ста, на субъектов крупного
предпринимательства – в размере ста пятидесяти месячных расчетных показателей.
Статья 392. Осуществление нефтяных операций на море,
создающих препятствие и наносящих вред
морскому судоходству, рыбной ловле
1. Осуществление нефтяных операций на море, создающих препятствие и наносящих
вред морскому судоходству, рыбной ловле, –
влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на
субъектов среднего предпринимательства – в размере ста, на субъектов крупного
предпринимательства – в размере ста пятидесяти месячных расчетных показателей.
2. Самовольный вывод подводных кабелей или трубопроводов на территорию
Республики Казахстан или их прокладка на континентальном шельфе Республики
Казахстан, которые могут привести к порче месторождений полезных ископаемых,
причинить вред жизни или здоровью людей, нанести ущерб живым ресурсам, морской
флоре и фауне либо создать помехи другим законным видам деятельности на
континентальном шельфе Республики Казахстан, если эти действия не содержат
признаков уголовно наказуемого деяния, –
влекут штраф на субъектов малого предпринимательства в размере пятидесяти, на
субъектов среднего предпринимательства – в размере ста, на субъектов крупного
предпринимательства – в размере ста пятидесяти месячных расчетных показателей.
3. Действия, предусмотренные частями первой или второй настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф на субъектов малого предпринимательства в размере семидесяти
пяти, на субъектов среднего предпринимательства – в размере ста пятидесяти, на
субъектов крупного предпринимательства – в размере двухсот месячных расчетных
показателей, с конфискацией судна и орудий совершения правонарушения либо без
таковой.
Статья 393. Нарушение правил проведения морских научных
исследований на континентальном шельфе
Республики Казахстан
1. Нарушение правил проведения морских научных исследований,
предусмотренных разрешением или международными договорами Республики Казахстан,
которое создало или могло создать помехи законным видам деятельности на
континентальном шельфе Республики Казахстан, либо незаконное изменение программы
морских научных исследований на континентальном шельфе Республики Казахстан –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере сорока пяти, на субъектов среднего
предпринимательства – в размере семидесяти пяти, на субъектов крупного
предпринимательства – в размере ста месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства – в размере семидесяти, на субъектов среднего
предпринимательства – в размере ста пятидесяти, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей.
Статья 394. Нарушение правил захоронения отходов и других
материалов, а также правил консервации и
демонтажа на континентальном шельфе Республики
Казахстан
1. Нарушение правил захоронения судов и иных плавучих средств, летательных
аппаратов, искусственных островов, установок и сооружений, отходов и других
материалов, а также правил консервации и демонтажа, предусмотренных международными
договорами, ратифицированными Республикой Казахстан, которое способно привести к
порче месторождений полезных ископаемых, причинить вред жизни или здоровью людей,
нанести ущерб биологическим ресурсам, морской флоре и фауне или создать помехи
другим законным видам деятельности на континентальном шельфе Республики Казахстан,
–
влечет штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства – в размере сорока пяти, на субъектов среднего
предпринимательства – в размере семидесяти пяти, на субъектов крупного
предпринимательства – в размере ста месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере девяноста, на субъектов среднего
предпринимательства – в размере ста месячных расчетных показателей, на субъектов
крупного предпринимательства – в размере суммы нанесенного окружающей среде вреда.
Статья 395. Невыполнение законных требований должностных
лиц органов охраны континентального шельфа
Республики Казахстан
1. Невыполнение законных требований должностных лиц органов охраны
континентального шельфа Республики Казахстан об остановке судна, а также
воспрепятствование осуществлению этими должностными лицами возложенных на них
полномочий, в том числе осмотру судна, –
влекут штраф в размере семидесяти месячных расчетных показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф в размере ста пятидесяти месячных расчетных показателей с
конфискацией судна и орудий совершения правонарушения, а также полученных
результатов исследований либо без таковой.
Статья 396. Незаконная передача минеральных и
биологических ресурсов континентального
шельфа, территориальных вод (моря) и
внутренних вод Республики Казахстан
1. Незаконная передача минеральных и биологических ресурсов
континентального шельфа, территориальных вод (моря) и внутренних вод Республики
Казахстан иностранцам, юридическим лицам, созданным в соответствии с
законодательством другого государства, либо иностранным государствам –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере двадцати, на субъектов среднего предпринимательства
– в размере сорока, на субъектов крупного предпринимательства – в размере ста
процентов от стоимости незаконно переданных минеральных и биологических ресурсов.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства – в размере двадцати пяти, на субъектов среднего
предпринимательства – в размере пятидесяти, на субъектов крупного
предпринимательства – в размере двухсот процентов от стоимости незаконно переданных
минеральных и биологических ресурсов с конфискацией судна и орудий совершения
правонарушения, а также полученных результатов исследований либо без таковой.
Статья 397. Нарушение законодательства об экологическом
аудите
1. Невыполнение требований законодательства о проведении обязательного
экологического аудита –
влечет штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства – в размере двадцати пяти, на субъектов среднего
предпринимательства – в размере пятидесяти, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей.
2. Составление экологическими аудиторами (экологическими аудиторскими
организациями) заведомо недостоверного экологического аудиторского отчета –
влечет штраф на физических лиц в размере семидесяти, на субъектов малого
предпринимательства – в размере ста шестидесяти, на субъектов среднего
предпринимательства – в размере двухсот пятидесяти, на субъектов крупного
предпринимательства – в размере семисот месячных расчетных показателей.
3. Предоставление проверяемым лицом в ходе проведения экологического аудита
заведомо недостоверной или неполной информации, приведшей к составлению
недостоверного экологического аудиторского отчета, –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации – в размере двухсот пятидесяти, на субъектов среднего
предпринимательства – в размере четырехсот, на субъектов крупного
предпринимательства – в размере семисот месячных расчетных показателей.
4. Действие, предусмотренное частью второй настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере ста, на субъектов среднего
предпринимательства – в размере четырехсот, на субъектов крупного
предпринимательства – в размере одной тысячи месячных расчетных показателей, с
лишением лицензии на право осуществления экологической аудиторской деятельности.
Статья 398. Реализация икры, маркированной с нарушением
порядка маркирования, либо немаркированной
икры осетровых видов рыб
1. Реализация икры, маркированной с нарушением порядка маркирования, либо
немаркированной икры осетровых видов рыб –
влечет штраф на физических лиц в размере тридцати пяти, на субъектов малого
предпринимательства – в размере шестидесяти, на субъектов среднего
предпринимательства – в размере девяноста, на субъектов крупного
предпринимательства – в размере ста двадцати месячных расчетных показателей, с
конфискацией икры, маркированной с нарушением порядка маркирования, либо икры,
реализуемой без маркировки.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере семидесяти, на субъектов малого
предпринимательства – в размере ста пятнадцати, на субъектов среднего
предпринимательства – в размере ста шестидесяти, на субъектов крупного
предпринимательства – в размере двухсот двадцати месячных расчетных показателей, с
конфискацией икры, маркированной с нарушением порядка маркирования, либо икры,
реализуемой без маркировки.
Статья 399. Представление физическими и юридическими
лицами, выполняющими работы и оказывающими
услуги в области охраны окружающей среды,
недостоверных данных
1. Представление физическими и юридическими лицами, выполняющими работы и
оказывающими услуги в области охраны окружающей среды, недостоверных данных при
разработке нормативов эмиссий, мероприятий по охране окружающей среды, программы
производственного экологического контроля и отчетов по ним –
влечет штраф на субъектов малого предпринимательства в размере шестидесяти
пяти, на субъектов среднего предпринимательства – в размере ста, на субъектов
крупного предпринимательства – в размере двухсот месячных расчетных показателей, с
приостановлением действия лицензии либо без такового.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере ста
шестидесяти пяти, на субъектов среднего предпринимательства – в размере двухсот
пятидесяти, на субъектов крупного предпринимательства – в размере трехсот месячных
расчетных показателей, с приостановлением действия лицензии либо без такового.
3. Совершение действий, предусмотренных частями первой и второй настоящей
статьи, повлекших причинение крупного ущерба окружающей среде либо совершенных
более трех раз, если эти действия не содержат признаков уголовно наказуемого
деяния, –
влечет штраф на субъектов малого предпринимательства в размере двухсот
шестидесяти, на субъектов среднего предпринимательства – в размере трехсот, на
субъектов крупного предпринимательства – в размере трехсот пятидесяти месячных
расчетных показателей, с лишением лицензии.
Глава 22. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ ЗАЩИТЫ
И КАРАНТИНА РАСТЕНИЙ, ЗЕРНОВОГО РЫНКА И ХРАНЕНИЯ ЗЕРНА,
ХЛОПКОВОЙ ОТРАСЛИ, СЕМЕНОВОДСТВА И ГОСУДАРСТВЕННОГО
ВЕТЕРИНАРНО-САНИТАРНОГО КОНТРОЛЯ И НАДЗОРА И ПЛЕМЕННОГО
ЖИВОТНОВОДСТВА, А ТАКЖЕ ФОРМИРОВАНИЯ И ИСПОЛЬЗОВАНИЯ
РЕГИОНАЛЬНЫХ СТАБИЛИЗАЦИОННЫХ ФОНДОВ
ПРОДОВОЛЬСТВЕННЫХ ТОВАРОВ
Статья 400. Нарушение законодательства Республики
Казахстан в области карантина растений
1. Нарушение фитосанитарных требований к ввозимой подкарантинной продукции и
проведению фитосанитарных мероприятий, совершенное в виде:
1) ввоза на территорию Республики Казахстан подкарантинной продукции, не
соответствующей фитосанитарным требованиям, предъявляемым к ввозимой подкарантинной
продукции;
2) ввоза на территорию Республики Казахстан партии подкарантинной продукции
высокого фитосанитарного риска без фитосанитарного сертификата национальной
карантинной службы страны-экспортера;
3) ввоза на территорию Республики Казахстан партии подкарантинной продукции
с высоким фитосанитарным риском без реэкспортного фитосанитарного сертификата
национальной карантинной службы страны-реэкспортера;
4) осуществления перевозки импортной подкарантинной продукции по территории
Республики Казахстан с нарушением фитосанитарных требований Республики Казахстан;
5) непредоставления подкарантинной продукции для досмотра;
6) непроведения ежегодного профилактического обеззараживания складских
помещений, в которых осуществляется хранение или переработка подкарантинной
продукции;
7) использования посадочного или семенного материала до получения
результатов лабораторной экспертизы;
8) несоблюдения условий хранения импортного посадочного или семенного
материала до получения результатов лабораторной экспертизы;
9) использования на семенные цели зерновых, зернобобовых, масличных культур,
ввезенных на территорию Республики Казахстан для использования на
продовольственные, кормовые и технические цели;
10) непроведения очистки транспортных средств после перевозки импортной
подкарантинной продукции, а также подкарантинной продукции из карантинных зон с
обязательным уничтожением отходов;
11) переадресовки подкарантинной продукции в пути следования или пункте
назначения без разрешения уполномоченного органа;
12) непредоставления ввозимой подкарантинной продукции для вторичного
карантинного досмотра в пункте ее назначения;
13) использования для посева семенной или посадочный материал, засоренный
карантинными сорными растениями;
14) осуществления хранения или очистки подкарантинной продукции,
заготовленной в зоне распространения карантинных объектов с подкарантинной
продукции, заготовленной в свободной от карантинных объектов зоне;
15) необеспечения систематического обследования посевов, территорий,
складов, деятельность которых связана с производством, заготовкой, переработкой,
хранением, транспортировкой и реализацией подкарантинной продукции;
16) осуществления межобластных перевозок подкарантинной продукции без
карантинного сертификата, –
влечет штраф на физических лиц в размере двадцати, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
тридцати, на субъектов среднего предпринимательства – в размере сорока, на
субъектов крупного предпринимательства – в размере ста месячных расчетных
показателей.
2. Нарушение законодательства Республики Казахстан в области карантина
растений при ввозе, внутригосударственных перевозках и при реализации
подкарантинной продукции, совершенное в виде:
1) ввоза на территорию Республики Казахстан подкарантинной продукции, а
также транспортных средств, зараженных карантинными объектами и чужеродными видами;
2) нарушения запретов или ограничений на ввоз подкарантинной продукции в
Республику Казахстан;
3) реализации зараженной карантинными объектами подкарантинной продукции;
4) переадресовки подкарантинной продукции, вывезенной из карантинной зоны
Республики Казахстан, в пути следования;
5) транспортировки клещей, нематод и живых насекомых, ввозимых в научно-
исследовательских целях одновременно с зерновыми, зернобобовыми, кормовыми,
масличными, техническими культурами и продуктами их переработки, плодами, овощами,
фруктами и картофелем, посадочным или семенным материалом, срезами живых цветов и
горшечных растений, древесными, упаковочными и крепежными материалами;
6) нарушения запретов или ограничений на вывоз зараженной карантинными
объектами подкарантинной продукции из карантинной фитосанитарной зоны, –
влечет штраф на физических лиц в размере двадцати, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
тридцати, на субъектов среднего предпринимательства – в размере сорока, на
субъектов крупного предпринимательства – в размере ста месячных расчетных
показателей с конфискацией подкарантинной продукции в случае невозможности ее
обеззараживания и переработки.
3. Несвоевременное или ненадлежащее ведение учета распространения карантинных
объектов либо несвоевременная или ненадлежащая организация мероприятий по карантину
растений на объектах государственного контроля и надзора в области карантина
растений –
влечет штраф на должностных лиц в размере тридцати месячных расчетных
показателей.
4. Действие (бездействие), предусмотренное частью третьей настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф на должностных лиц в размере шестидесяти месячных расчетных
показателей.
Сноска. Статья 400 в редакции Закона РК от 29.12.2014 № 272-V (вводится в
действие 01.01.2015).
Статья 401. Нарушение законодательства Республики
Казахстан о зерне
1. Реализация зерна при экспорте и импорте без соответствующих паспортов
качества зерна –
влечет штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства – в размере десяти, на субъектов среднего предпринимательства –
в размере пятнадцати, на субъектов крупного предпринимательства – в размере ста
пятидесяти месячных расчетных показателей.
2. Отгрузка хлебоприемными предприятиями, хранящими зерно государственных
ресурсов, любого количества зерна и (или) вывоз транспортными организациями зерна
без предварительного согласования с уполномоченным органом –
влечет штраф на субъектов среднего предпринимательства в размере ста
пятидесяти, на субъектов крупного предпринимательства – в размере двухсот месячных
расчетных показателей.
3. Нарушение хлебоприемными предприятиями правил ведения количественно-
качественного учета зерна; выдачи, обращения и погашения зерновых расписок,
совершенное в виде:
1) ненадлежащего оформления зерна, поступающего на хлебоприемные предприятия;
2) ненадлежащего оформления очистки, сушки зерна;
3) ненадлежащего оформления отгрузки зерна;
4) ненадлежащего ведения книги количественно-качественного учета зерна;
5) неправильного определения зачетного физического веса зерна;
6) несоблюдения срока выдачи зерновой расписки;
7) неправильного ведения реестра зерновой расписки;
8) нарушения порядка передачи прав по складскому свидетельству;
9) несоблюдения срока погашения зерновой расписки;
10) нарушения сроков хранений зерновых расписок, –
влекут штраф на субъектов среднего предпринимательства в размере двухсот, на
субъектов крупного предпринимательства – в размере трехсот месячных расчетных
показателей.
4. Осуществление хлебоприемным предприятием деятельности, не относящейся к
оказанию услуг по складской деятельности с выдачей зерновых расписок, за
исключением деятельности, разрешенной Законом Республики Казахстан «О зерне»,
выдача гарантий и (или) предоставление своего имущества в залог по обязательствам
третьих лиц –
влекут штраф на субъектов среднего предпринимательства в размере ста
двадцати, на субъектов крупного предпринимательства – в размере трехсот месячных
расчетных показателей, с приостановлением действия лицензии.
5. Систематическое (два и более раза в течение шести последовательных
календарных месяцев) искажение хлебоприемными предприятиями показателей количества
и качества зерна при условии их документального подтверждения –
влечет штраф на субъектов среднего предпринимательства в размере двухсот, на
субъектов крупного предпринимательства – в размере пятисот месячных расчетных
показателей, с приостановлением действия лицензии.
6. Отчуждение хлебоприемным предприятием основных средств, без которых
осуществление деятельности по оказанию услуг по складской деятельности с выдачей
зерновых расписок становится полностью невозможным либо существенно ухудшается, –
влечет штраф на субъектов среднего предпринимательства в размере ста
двадцати, на субъектов крупного предпринимательства – в размере трехсот месячных
расчетных показателей, с приостановлением действия лицензии.
7. Неустранение нарушений, повлекших привлечение к административной
ответственности, предусмотренной частями четвертой, пятой, шестой настоящей статьи,
по истечении срока приостановления действия лицензии –
влечет штраф на субъектов среднего предпринимательства в размере двухсот
пятидесяти, на субъектов крупного предпринимательства – в размере пятисот
пятидесяти месячных расчетных показателей, с лишением лицензии.
8. Нецелевое использование зерноперерабатывающими организациями зерна
государственных реализационных и государственных стабилизационных ресурсов зерна,
реализованного им агентом в целях регулирования внутреннего рынка, –
влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на
субъектов среднего предпринимательства – в размере ста, на субъектов крупного
предпринимательства – в размере двухсот пятидесяти месячных расчетных показателей.
9. Неисполнение отечественными производителями зерна обязанности по
формированию государственных ресурсов зерна –
влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на
субъектов среднего предпринимательства – в размере ста, на субъектов крупного
предпринимательства – в размере пятисот месячных расчетных показателей.
10. Нарушение законодательства Республики Казахстан о зерне членами комиссии
по временному управлению или временной администрацией в период временного
управления хлебоприемным предприятием –
влечет штраф на физических лиц, субъектов малого предпринимательства в
размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на
субъектов крупного предпринимательства – в размере пятисот месячных расчетных
показателей.
11. Несоблюдение хлебоприемными предприятиями порядка хранения зерна, а
также мероприятий, обеспечивающих их количественную и качественную сохранность;
необеспечение в установленном порядке отбора проб зерна его владельцем;
необеспечение в приоритетном (первоочередном) порядке приемки, хранения и отгрузки
зерна государственных ресурсов зерна –
влекут штраф на субъектов среднего предпринимательства в размере ста, на
субъектов крупного предпринимательства – в размере ста пятидесяти месячных
расчетных показателей.
Статья 402. Нарушения при осуществлении
предпринимательской деятельности и оказании
услуг в области семеноводства
1. Осуществление деятельности по производству, реализации, хранению,
транспортировке и использования семян с нарушением законодательства Республики
Казахстан в области семеноводства, совершенное в виде:
1) использования для посева (посадки) семян сельскохозяйственных растений,
зараженных карантинными объектами;
2) использования для посева (посадки) семян сельскохозяйственных растений,
если семена принадлежат к сорту, не прошедшему государственное сортоиспытание;
3) использования для посева (посадки) семян сельскохозяйственных растений,
если семена принадлежат к сорту, не включенному в Государственный реестр
селекционных достижений, допущенных к использованию в Республике Казахстан, или
признанному неперспективным в Республике Казахстан;
4) использования для посева (посадки) в аттестованных элитно-семеноводческих
и семеноводческих хозяйствах семян, не соответствующих по сортовым и посевным
качествам;
5) использования для посева (посадки) семян, не прошедших экспертизу посевных
качеств семян;
6) реализации и использования для посева (посадки) семян, не соответствующих
требованиям технических регламентов;
7) нарушения порядка и сроков проведения сортообновления и сортосмены;
8) неприобретения оригинальных семян сортов и родительских форм гибридов для
обеспечения производства элитных семян с целью их дальнейшей реализации;
9) неведения учета количества, происхождения реализованных и использованных
на собственные нужды семян, их сортовых и посевных качеств;
10) несоздания страховых и переходящих фондов семян сельскохозяйственных
растений за счет собственных средств, –
влечет предупреждение или штраф на физических лиц в размере десяти, на
субъектов малого предпринимательства – в размере семнадцати, на субъектов среднего
предпринимательства – в размере двадцати пяти, на субъектов крупного
предпринимательства – в размере пятидесяти месячных расчетных показателей.
2. Нарушение апробаторами, семенными экспертами и аттестованными
юридическими лицами, оказывающими услуги по проведению апробации сортовых посевов
сельскохозяйственных растений, экспертизы сортовых и посевных качеств семян –
влечет предупреждение или штраф на физических лиц в размере десяти, на
юридических лиц – в размере двухсот месячных расчетных показателей.
3. Нарушение аттестованными физическими и юридическими лицами, а также
апробаторами и семенными экспертами квалификационных требований, предъявляемых к
деятельности в области семеноводства, –
влечет предупреждение или штраф на физических лиц в размере двадцати, на
субъектов малого предпринимательства – в размере тридцати пяти, на субъектов
среднего предпринимательства – в размере пятидесяти, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей.
4. Деяния, предусмотренные частью третьей настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут на физических лиц в размере пятидесяти месячных расчетных показателей,
на аттестованных лиц – лишение свидетельства об аттестации, удостоверяющего право
на субъектов на осуществление деятельности в области семеноводства.
5. Несвоевременное проведение аттестации, переаттестации субъектов
семеноводства –
влечет штраф на должностных лиц в размере двадцати месячных расчетных
показателей.
Сноска. Статья 402 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 403. Нарушение законодательства Республики
Казахстан о защите растений
1. Непредставление, а равно несвоевременное представление фитосанитарной
отчетности –
влечет штраф на физических лиц в размере пяти, на должностных лиц, субъектов
малого предпринимательства – в размере десяти, на субъектов среднего
предпринимательства – в размере пятнадцати, на субъектов крупного
предпринимательства – в размере пятидесяти месячных расчетных показателей.
2. Непроведение фитосанитарного мониторинга и фитосанитарных мероприятий на
объектах фитосанитарного контроля, повлекшее развитие и распространение вредных
организмов с численностью выше экономического порога вредоносности, –
влечет штраф на физических лиц в размере пяти, на должностных лиц, субъектов
малого предпринимательства – в размере десяти, на субъектов среднего
предпринимательства – в размере пятнадцати, на субъектов крупного
предпринимательства – в размере пятидесяти месячных расчетных показателей.
3. Непроведение обезвреживания пестицидов (ядохимикатов) и содержание,
поддержание специальных хранилищ (могильников) в ненадлежащем состоянии,
совершенные в виде:
1) отсутствия специальных хранилищ (могильников) для обезвреживания
пестицидов (ядохимикатов) и тары из-под них;
2) отсутствия методов и технологий обезвреживания пришедших в негодность
пестицидов (ядохимикатов) и тары из-под них, разработанных и предоставляемых
поставщиками (производителями, импортерами, продавцами) пестицидов (ядохимикатов);
3) хранения пестицидов (ядохимикатов) первого класса опасности, пришедших в
негодность к дальнейшему использованию по назначению, в емкостях, не обеспечивающих
герметичность и не исключающих возможность загрязнения пестицидами (ядохимикатами)
окружающей среды;
4) упаковки пестицидов (ядохимикатов) второго класса опасности при
необходимости в многослойную тару из полимерных материалов без специальных
вкладышей (в зависимости от специфики пестицида (ядохимиката);
5) переупаковки пестицидов (ядохимикатов) с нарушенной целостностью
упаковки;
6) отсутствия высокотемпературных установок, обеспечивающих распад сжигаемых
соединений до нетоксичных (неопасных) веществ в местах, определенных в соответствии
с законодательством государственными органами экологического контроля и санитарно-
эпидемиологического благополучия населения для уничтожения бумажной или деревянной
тары из-под пестицидов (ядохимикатов) путем сжигания;
7) отсутствия средств механизации для загрузки, перевозки и выгрузки
запрещенных, пришедших в негодность пестицидов (ядохимикатов) и тары из-под них, –
влекут штраф на физических лиц в размере пяти, на должностных лиц, субъектов
малого предпринимательства – в размере десяти, на субъектов среднего
предпринимательства – в размере пятнадцати, на субъектов крупного
предпринимательства – в размере пятидесяти месячных расчетных показателей.
4. Непринятие мер по строительству специальных хранилищ (могильников) –
влечет штраф на должностных лиц в размере десяти месячных расчетных
показателей.
5. Действия (бездействие), предусмотренные частями первой, второй, третьей и
четвертой настоящей статьи, совершенные повторно в течение года после наложения
административного взыскания, –
влекут штраф на физических лиц в размере десяти, на должностных лиц,
субъектов малого предпринимательства – в размере двадцати, на субъектов среднего
предпринимательства – в размере тридцати, на субъектов крупного предпринимательства
– в размере ста месячных расчетных показателей.
Сноска. Статья 403 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 404. Нарушение законодательства Республики
Казахстан о развитии хлопковой отрасли
1. Нарушение хлопкоперерабатывающими организациями установленного порядка
учета и хранения документов, отражающих произведенные операции с хлопком, –
влечет штраф на субъектов малого предпринимательства в размере десяти, на
субъектов среднего предпринимательства – в размере пятнадцати, на субъектов
крупного предпринимательства – в размере семидесяти месячных расчетных показателей.
2. Нарушение квалификационных требований, предъявляемых к экспертной
организации, правил проведения экспертизы качества хлопка-волокна, хлопка-сырца и
выдачи паспорта качества хлопка-волокна, удостоверения о качестве хлопка-сырца,
совершенное виде:
1) отсутствия на праве собственности либо в имущественном найме
соответствующих помещений для классерской оценки хлопка-волокна, отвечающего
требованиям пожарной и санитарно-эпидемиологической безопасности;
2) отсутствия квалификационных специалистов для функционального и
технического обслуживания измерительной автоматизированной системы испытаний
хлопка-волокна высокой производительности (типа HVI), имеющих соответствующие
специальное образование и опыт работы не менее одного года по обслуживанию
измерительной автоматизированной системы испытаний хлопка-волокна высокой
производительности (типа HVI);
3) отсутствия квалифицированных экспертов по хлопку (классеров), имеющих
соответствующие специальное образование и опыт работы не менее двух лет по
классерской оценке качества хлопка-волокна;
4) отсутствия технических регламентов и нормативных документов по
стандартизации;
5) отсутствия специализированного автотранспорта для современной доставки
проб хлопка-волокна с хлопкоочистительных заводов;
6) несоответствия требованиям помещений для хранения проб хлопка-волокна;
7) отсутствия или неполного оснащения комплектом керамических образцов цвета,
калибровочными эталонами и прибором для определения показателя микронейра,
комплектом утвержденных или допущенных к применению в Республике Казахстан
стандартных образцов внешнего вида хлопка-волокна;
8) неправильного оформления акта и журнала регистрации отбора проб хлопка-
волокна;
9) нарушения порядка проведения отбора проб хлопка-волокна;
10) нарушения порядка проведения испытаний хлопка-волокна;
11) неправильного оформления и несвоевременной выдачи паспорта качества
хлопка-волокна;
12) неправильного оформления паспорта качества хлопка-волокна по форме,
утвержденной уполномоченным органом;
13) нарушения срока хранения хлопка-волокна в лаборатории экспертной
организации после испытаний до отгрузки партии владельцем хлопка-волокна;
14) неправильного и неполного оформления акта отбора проб и журнала
регистрации проб хлопка-сырца;
15) нарушения порядка проведения отбора проб хлопка-сырца;
16) нарушения порядка проведения испытаний хлопка-сырца;
17) неправильного оформления и несвоевременной выдачи удостоверения о
качестве хлопка-сырца;
18) несоответствия требованиям помещений для хранения проб хлопка-сырца, –
влечет штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства – в размере десяти, на субъектов среднего предпринимательства –
в размере пятнадцати, на субъектов крупного предпринимательства – в размере ста
месячных расчетных показателей.
3. Уклонение от участия в системе гарантирования исполнения обязательств по
хлопковым распискам –
влечет штраф на субъектов малого предпринимательства в размере двадцати пяти,
на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов
крупного предпринимательства – в размере ста двадцати месячных расчетных
показателей, с приостановлением действия лицензии.
4. Неисполнение либо ненадлежащее исполнение письменных предписаний местных
исполнительных органов областей, городов республиканского значения и столицы об
устранении выявленных нарушений законодательства Республики Казахстан о развитии
хлопковой отрасли в установленные в предписании сроки –
влечет штраф на физических лиц в размере двадцати, на субъектов среднего
предпринимательства – в размере двадцати пяти, на субъектов среднего
предпринимательства – в размере пятидесяти, на субъектов крупного
предпринимательства – в размере ста двадцати месячных расчетных показателей.
5. Осуществление хлопкоперерабатывающей организацией предпринимательской
деятельности, запрещенной законом Республики Казахстан о развитии хлопковой
отрасли, выдача гарантий и (или) предоставление своего имущества в залог по
обязательствам третьих лиц в нарушение требований закона Республики Казахстан о
развитии хлопковой отрасли, а также отчуждение хлопкоперерабатывающей организацией
основных средств, без которых осуществление деятельности по оказанию услуг по
складской деятельности с выдачей хлопковых расписок становится полностью
невозможным либо существенно ухудшается, –
влекут штраф на субъектов малого предпринимательства в размере шестидесяти,
на субъектов среднего предпринимательства – в размере ста двадцати, на субъектов
крупного предпринимательства – в размере трехсот месячных расчетных показателей, с
приостановлением действия лицензии.
6. Систематическое (два и более раза в течение шести последовательных
календарных месяцев) искажение показателей количества и качества хлопка по
заявлениям держателей хлопковых расписок при условии их документального
подтверждения –
влечет штраф на субъектов малого предпринимательства в размере сорока, на
субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов
крупного предпринимательства – в размере ста пятидесяти месячных расчетных
показателей, с приостановлением действия лицензии.
7. Предоставление лицензиатом заведомо ложной информации при получении
лицензии –
влечет штраф на субъектов малого предпринимательства в размере пятнадцати, на
субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного
предпринимательства – в размере семидесяти месячных расчетных показателей, с
приостановлением действия лицензии.
8. Нарушение закона Республики Казахстан о развитии хлопковой отрасли членами
комиссии по временному управлению или временной администрацией в период временного
управления хлопкоперерабатывающей организацией –
влечет штраф на физических лиц в размере пятидесяти, на субъектов малого
предпринимательства – в размере восьмидесяти, на субъектов среднего
предпринимательства – в размере ста, на субъектов крупного предпринимательства – в
размере двухсот месячных расчетных показателей.
9. Неустранение нарушений, повлекших привлечение к административной
ответственности, предусмотренной частями пятой, шестой, седьмой и восьмой настоящей
статьи, по истечении срока приостановления действия лицензии –
влечет лишение лицензии.
Статья 405. Нарушение требований законодательства
Республики Казахстан при формировании и
использовании региональных стабилизационных
фондов продовольственных товаров
1. Нецелевое использование региональных стабилизационных фондов
продовольственных товаров, осуществление товарных интервенций по продукции
растениеводства в период уборки урожая, а также несоблюдение правил формирования и
использования региональных стабилизационных фондов продовольственных товаров –
влекут штраф на должностных лиц в размере ста, на юридических лиц – в размере
двухсот месячных расчетных показателей.
2. Несоблюдение фиксированных цен при закупке продовольственных товаров в
региональный стабилизационный фонд продовольственных товаров и их реализации из
регионального стабилизационного фонда продовольственных товаров –
влечет штраф на юридических лиц в размере двухсот пятидесяти месячных
расчетных показателей.
Статья 406. Нарушение законодательства Республики
Казахстан в области ветеринарии
1. Нарушение законодательства Республики Казахстан в области ветеринарии,
совершенное в виде:
1) несоблюдения условий и требований карантина и ограничительных мероприятий;
2) несоблюдения ветеринарных (ветеринарно-санитарных) правил, требований и
ветеринарных нормативов:
при размещении, строительстве, реконструкции и вводе в эксплуатацию объектов
государственного ветеринарно-санитарного контроля и надзора, связанных с
содержанием, разведением, использованием, производством, заготовкой (убоем),
хранением, переработкой и реализацией подконтрольных государственному ветеринарно-
санитарному контролю и надзору перемещаемых (перевозимых) объектов;
при содержании, разведении и использовании животных, включая животных в
зоопарках, цирках, на пасеках, в аквариумах;
при осуществлении деятельности на объектах внутренней торговли; на объектах
производства, осуществляющих выращивание животных, заготовку (убой), хранение,
переработку и реализацию животных, продукции и сырья животного происхождения; в
организациях по производству, хранению и реализации ветеринарных препаратов, кормов
и кормовых добавок;
при осуществлении транспортировки (перемещения) подконтрольных
государственному ветеринарно-санитарному контролю и надзору перемещаемых
(перевозимых) объектов на территории Республики Казахстан;
3) несоблюдения требований нормативных правовых актов об охране территории
Республики Казахстан от заноса и распространения заразных и экзотических болезней
животных из других государств;
4) несоблюдения условий и требований убоя сельскохозяйственных животных,
предназначенных для последующей реализации;
5) осуществления производства, ввоза (импорта), реализации и применения
(использования) ветеринарных препаратов, кормовых добавок без их государственной
регистрации, за исключением случаев производства, ввоза (импорта) в объемах,
необходимых для проведения их регистрационных испытаний, –
влечет штраф на физических лиц в размере двадцати, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов
крупного предпринимательства – в размере двухсот месячных расчетных показателей.
2. Действие (бездействие), предусмотренное частью первой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере сорока, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
ста, на субъектов среднего предпринимательства – в размере двухсот, на субъектов
крупного предпринимательства – в размере четырехсот месячных расчетных показателей.
3. Непроведение или ненадлежащее проведение ветеринарных мероприятий, а
также нарушение сроков их проведения –
влекут штраф на физических лиц в размере двадцати пяти, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере ста
двадцати пяти, на субъектов среднего предпринимательства – в размере двухсот
пятидесяти, на субъектов крупного предпринимательства – в размере пятисот месячных
расчетных показателей.
4. Действия (бездействие), предусмотренные частью третьей настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере пятидесяти, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
двухсот пятидесяти, на субъектов среднего предпринимательства – в размере пятисот,
на субъектов крупного предпринимательства – в размере одной тысячи месячных
расчетных показателей.
5. Необеспечение идентификации сельскохозяйственных животных –
влечет штраф на должностных лиц в размере двадцати пяти месячных расчетных
показателей.
6. Действие (бездействие), предусмотренное частью пятой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф на должностных лиц в размере пятидесяти месячных расчетных
показателей.
7. Невыполнение местными исполнительными органами возложенных на
них законодательством Республики Казахстан в области ветеринарии функций –
влечет предупреждение на должностных лиц местных исполнительных органов.
8. Действие (бездействие), предусмотренное частью седьмой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф на должностных лиц местных исполнительных органов в размере ста
месячных расчетных показателей.
9. Неизвещение подразделений местных исполнительных органов, осуществляющих
деятельность в области ветеринарии, государственных ветеринарных организаций,
созданных местными исполнительными органами, органов государственного ветеринарно-
санитарного контроля и надзора о:
1) вновь приобретенном (приобретенных) животном (животных), полученном
приплоде, его (их) убое и реализации;
2) случаях падежа, одновременного заболевания нескольких животных или об их
необычном поведении и до прибытия специалистов в области ветеринарии,
государственных ветеринарно-санитарных инспекторов непринятие мер к изолированному
содержанию животных при подозрении в заболевании –
влечет предупреждение или штраф на физических лиц в размере пяти, на
субъектов малого предпринимательства или некоммерческие организации штраф в размере
двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на
субъектов крупного предпринимательства – в размере ста месячных расчетных
показателей.
10. Действие (бездействие), предусмотренное частью девятой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере тридцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере пятидесяти, на
субъектов среднего предпринимательства – в размере ста, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей.
11. Нарушение порядка выдачи ветеринарных документов и требований к их
бланкам –
влечет штраф на должностных лиц, субъектов малого предпринимательства в
размере двадцати пяти, на субъектов среднего предпринимательства – в размере
пятидесяти, на субъектов крупного предпринимательства – в размере ста месячных
расчетных показателей.
12. Действие (бездействие), предусмотренное частью одиннадцатой настоящей
статьи, совершенное повторно в течение года после наложения административного
взыскания, –
влечет штраф на должностных лиц, субъектов малого предпринимательства в
размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на
субъектов крупного предпринимательства – в размере двухсот месячных расчетных
показателей.
13. Неоказание содействия специалистам в области ветеринарии при выполнении
ими служебных обязанностей по проведению ветеринарных мероприятий –
влечет штраф на физических лиц в размере пяти, на должностных лиц, субъектов
малого предпринимательства или некоммерческие организации – в размере двадцати
пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на
субъектов крупного предпринимательства – в размере ста месячных расчетных
показателей.
14. Нарушение правил карантинирования животных –
влечет штраф на физических лиц в размере пяти, на должностных лиц, на
субъектов малого предпринимательства или некоммерческие организации – в размере
двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на
субъектов крупного предпринимательства – в размере ста месячных расчетных
показателей.
15. Нарушение нормативных правовых актов по вопросам борьбы с эпизоотиями, а
также иных нормативных правовых актов в области ветеринарии, не повлекшее
распространение эпизоотии или иные тяжкие последствия, –
влечет штраф на физических лиц в размере десяти, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
двадцати пяти, на субъектов среднего предпринимательства – в размере пятидесяти, на
субъектов крупного предпринимательства – в размере ста месячных расчетных
показателей.
16. Действия (бездействие), предусмотренные частями тринадцатой,
четырнадцатой и пятнадцатой настоящей статьи, совершенные повторно в течение года
после наложения административного взыскания, –
влекут штраф на физических лиц в размере двадцати, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
пятидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов
крупного предпринимательства – в размере двухсот месячных расчетных показателей.
Статья 407. Нарушение законодательства Республики
Казахстан о племенном животноводстве
1. Нарушение законодательства Республики Казахстан о племенном
животноводстве, совершенное в виде:
1) реализации субъектами в области племенного животноводства племенной
продукции (материала), не прошедшей бонитировку;
2) реализации субъектами в области племенного животноводства племенной
продукции (материала) без выдачи племенного свидетельства;
3) отказа на субъектов в области племенного животноводства от ведения учета
данных и непредставления отчетности;
4) неисполнения субъектами в области племенного животноводства актов
государственных инспекторов по племенному животноводству;
5) использования субъектами в области племенного животноводства семени и
эмбрионов, полученных от племенных животных, не зарегистрированных в порядке,
установленном законодательством Республики Казахстан о племенном животноводстве;
6) использования субъектами в области племенного животноводства в целях
воспроизводства племенных животных, не прошедших бонитировку;
7) фальсификации субъектами в области племенного животноводства результатов
бонитировки племенных животных;
8) отказа физических и юридических лиц от представления данных о племенных
животных, приобретенных за счет бюджетных средств в рамках программ развития
племенного животноводства, для их регистрации в государственном регистре племенных
животных;
9) нарушения физическими и юридическими лицами порядка использования
племенных животных, приобретенных в целях разведения за счет бюджетных средств в
рамках программ развития племенного животноводства, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере тридцати, на субъектов среднего предпринимательства
– в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста
месячных расчетных показателей.
2. Несоблюдение физическими и юридическими лицами, осуществляющими
деятельность в области племенного животноводства, подлежащую уведомлению,
обязанностей, установленных Законом Республики Казахстан «О племенном
животноводстве», –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере тридцати, на субъектов среднего предпринимательства
– в размере пятидесяти, на субъектов крупного предпринимательства – в размере ста
месячных расчетных показателей, с приостановлением деятельности на субъектов в
области племенного животноводства либо без такового.
3. Действия (бездействие), предусмотренные частями первой и второй настоящей
статьи, совершенные повторно в течение года после наложения административного
взыскания, а равно неустранение нарушений, предусмотренных частями первой и второй
настоящей статьи, повлекших привлечение к административной ответственности, –
влекут запрещение деятельности в области племенного животноводства.
Статья 408. Нарушение правил содержания и выгула собак и
кошек, правил отлова и уничтожения бродячих
собак и кошек
1. Нарушение установленных местными представительными органами областей,
городов республиканского значения и столицы правил содержания и выгула собак и
кошек, правил отлова и уничтожения бродячих собак и кошек в городах и других
населенных пунктах –
влечет предупреждение или штраф в размере трех месячных расчетных
показателей.
2. Те же действия, повлекшие причинение ущерба здоровью или имуществу
физических лиц, –
влекут штраф в размере десяти месячных расчетных показателей.
Глава 23. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ
ОБРАЗОВАНИЯ, ФИЗИЧЕСКОЙ КУЛЬТУРЫ И СПОРТА
Сноска. Заголовок главы 23 в редакции Закона РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 409. Нарушение законодательства Республики
Казахстан в области образования, физической
культуры и спорта
Сноска. Заголовок статьи 409 в редакции Закона РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
1. Невыполнение или ненадлежащее выполнение обязанностей и норм
педагогической этики педагогическим работником –
влечет штраф на физических лиц в размере десяти месячных расчетных
показателей.
2. Невыполнение или ненадлежащее выполнение обязанностей,
предусмотренных законодательством Республики Казахстан в области образования,
родителями или иными законными представителями –
влечет штраф в размере десяти месячных расчетных показателей.
3. Невыполнение или ненадлежащее выполнение обязанностей руководителем или
иным должностным лицом организации образования вследствие небрежного или
недобросовестного отношения к ним, если это повлекло причинение легкого вреда
здоровью воспитанников, обучающихся и работников организаций образования во время
учебного и воспитательного процесса, –
влечет штраф в размере пятидесяти месячных расчетных показателей.
4. Нарушение организациями образования требований, совершенных в виде:
1) несоблюдения типовых правил деятельности организаций образования;
2) несоблюдения типовых правил приема в организации образования;
3) несоблюдения типовых правил перевода и восстановления обучающихся по типам
организации образования;
4) несоблюдения типовых правил предоставления академических отпусков
обучающимся в организациях образования;
5) несоблюдения типовых правил конкурсного замещения должностей профессорско-
преподавательского состава и научных работников высших учебных заведений, –
влечет штраф на должностных лиц в размере десяти, на субъектов малого
предпринимательства или некоммерческие организации в размере пятнадцати, на
субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного
предпринимательства – в размере двадцати пяти месячных расчетных показателей, с
приостановлением действия лицензии.
5. Создание и деятельность организационных структур политических партий в
организациях образования –
влекут штраф на должностных лиц, субъектов малого предпринимательства в
размере десяти, на субъектов среднего предпринимательства – в размере пятнадцати,
на субъектов крупного предпринимательства – в размере двадцати месячных расчетных
показателей.
6. Несоответствие предоставляемых образовательных услуг
требованиям государственного общеобязательного стандарта образования, а также иные
нарушения требований государственных общеобязательных стандартов образования -
влекут штраф на должностных лиц, субъектов малого предпринимательства в
размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати,
на субъектов крупного предпринимательства – в размере тридцати месячных расчетных
показателей, с приостановлением действия лицензии.
7. Действия (бездействие), предусмотренные частями первой – шестой настоящей
статьи, совершенные повторно в течение года после наложения административного
взыскания, –
влекут штраф на физических лиц в размере двадцати, на должностных лиц в
размере тридцати, на субъектов малого предпринимательства – в размере сорока, на
субъектов среднего предпринимательства – в размере пятидесяти, на субъектов
крупного предпринимательства – в размере шестидесяти месячных расчетных показателей
с лишением лицензии.
8. Несоблюдение требований по обеспечению спортивным инвентарем и
оборудованием мест проведения занятий и соревнований –
влечет штраф на юридических лиц в размере ста месячных расчетных показателей.
9. Ликвидация, изменение целевого и функционального назначения физкультурно-
оздоровительных, спортивных сооружений, находящихся в государственной
собственности, без создания равнозначных физкультурно-оздоровительных, спортивных
сооружений –
влекут штраф на должностных лиц в размере пятисот месячных расчетных
показателей.
10. Несоблюдение требований по обеспечению участников спортивных мероприятий
медицинской помощью и допуску к ним спортсменов, не прошедших медицинское
обследование в соответствии с нормативными требованиями, –
влечет штраф на юридических лиц в размере пятисот месячных расчетных
показателей.
11. Деяние, предусмотренное частью десятой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере одной тысячи месячных расчетных показателей.
Сноска. Статья 409 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Глава 24. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ
НА ОБЩЕСТВЕННУЮ БЕЗОПАСНОСТЬ И ЗДОРОВЬЕ НАСЕЛЕНИЯ
Статья 410. Нарушение или невыполнение требований пожарной
безопасности
1. Нарушение или невыполнение в организациях, общественных местах, складских
помещениях, сельскохозяйственных угодьях, в общежитиях и жилых домах
противопожарных требований, предусмотренных правилами пожарной безопасности,
техническими регламентами, строительными нормами и правилами, национальными
стандартами, –
влечет предупреждение или штраф на физических лиц в размере пяти, на
должностных лиц, субъектов малого предпринимательства или некоммерческие
организации – в размере пятнадцати, на субъектов среднего предпринимательства – в
размере двадцати пяти, на субъектов крупного предпринимательства – в размере
пятидесяти месячных расчетных показателей.
2. Действие (бездействие), предусмотренное частью первой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере десяти, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
двадцати, на субъектов среднего предпринимательства – в размере тридцати, на
субъектов крупного предпринимательства – в размере ста месячных расчетных
показателей.
3. Действие (бездействие), предусмотренное частью первой настоящей статьи,
которое повлекло возникновение пожара, причинившего вред здоровью человека или
значительный ущерб, при отсутствии состава преступления, –
влечет штраф на физических лиц в размере десяти, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
двадцати, на субъектов среднего предпринимательства – в размере тридцати, на
субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных
показателей.
Примечание. Применительно к данной статье значительным размером ущерба
признается сумма, превышающая пятьдесят месячных расчетных показателей на момент
совершения административного правонарушения.
Статья 410-1. Нарушение законодательства Республики
Казахстан при проведении аудита в области
пожарной безопасности
1. Непредставление либо несвоевременное представление экспертной организацией
в территориальное подразделение уполномоченного органа в сфере гражданской защиты
копии заключения по результатам проведенного аудита в области пожарной безопасности
–
влечет штраф на экспертную организацию в размере тридцати месячных расчетных
показателей.
2. Представление экспертной организацией заключения по результатам проведения
аудита в области пожарной безопасности, содержащего недостоверную информацию о
соответствии (несоответствии) объекта требованиям пожарной безопасности, –
влечет штраф на экспертную организацию в размере пятидесяти месячных
расчетных показателей.
3. Действия (бездействие), предусмотренные частями первой и второй настоящей
статьи, совершенные повторно в течение года после наложения административного
взыскания, а также представление экспертной организацией заведомо ложного
заключения по результатам проведения аудита в области пожарной безопасности –
влекут штраф на экспертные организации в размере ста месячных расчетных
показателей с лишением аттестата аккредитации.
Сноска. Глава 24 дополнена статьей 410-1 в соответствии с Законом РК от
29.12.2014 № 269-V (вводится в действие с 01.01.2015).
Статья 411. Выпуск и реализация взрывопожароопасной и
пожароопасной продукции, не отвечающей
требованиям пожарной безопасности
Выпуск и реализация взрывопожароопасной и пожароопасной продукции, не
отвечающей требованиям пожарной безопасности, если это не повлекло по
неосторожности причинение тяжкого или средней тяжести вреда здоровью и (или)
крупного ущерба физическому или юридическому лицу либо государству, –
влекут штраф на должностных лиц, субъектов малого предпринимательства в
размере тридцати, на субъектов среднего предпринимательства – в размере пятидесяти,
на субъектов крупного предпринимательства – в размере ста месячных расчетных
показателей.
Примечание. Применительно к данной статье настоящего Кодекса под крупным
ущербом признается сумма, превышающая сто месячных расчетных показателей на момент
совершения административного правонарушения.
Статья 412. Нарушение или невыполнение правил безопасности
на водоемах
Нарушение или невыполнение правил безопасности на водоемах, совершенное
лицом, ответственным за их соблюдение при отсутствии признаков уголовно наказуемого
деяния, –
влечет штраф на физических лиц в размере семи, на субъектов малого
предпринимательства – в размере десяти, на субъектов среднего предпринимательства –
в размере двадцати, на субъектов крупного предпринимательства – в размере
шестидесяти месячных расчетных показателей.
Сноска. Статья 412 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 413. Нарушение требований радиационной безопасности
при использовании атомной энергии
Необоснованный или преднамеренный выброс радиоактивных веществ в атмосферу,
водную среду и недра в количествах, превышающих уровни, установленные
уполномоченными государственными органами; вовлечение в хозяйственный оборот в
целях использования и потребления населением продукции и материалов, подвергшихся
облучению или содержащих радиоактивные вещества, без разрешения на то
уполномоченных государственных органов; допуск к работе на объекте использования
атомной энергии лиц, не прошедших соответствующую подготовку либо не имеющих
документа, удостоверяющего их квалификацию, а также лиц, не достигших восемнадцати
лет или имеющих медицинские противопоказания; нарушение требований по обеспечению
учета и контроля радиоактивных веществ и источников ионизирующего излучения, если
эти действия не содержат признаков уголовно наказуемого деяния, –
влекут штраф на физических лиц в размере двадцати, на должностных лиц,
субъектов малого предпринимательства в размере сорока пяти, на субъектов среднего
предпринимательства – в размере семидесяти, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей либо лишение
лицензии на определенный вид деятельности в области использования атомной энергии.
Статья 414. Нарушение требований режима нераспространения
ядерного оружия
Нарушение установленного порядка ядерного экспорта и импорта, нарушение
требований по обеспечению физической защиты ядерных материалов, объектов
использования атомной энергии; нарушение требований по обеспечению учета и контроля
ядерных материалов, источников ионизирующего излучения, если эти действия не
содержат признаков уголовно наказуемого деяния, –
влекут штраф на физических лиц в размере десяти, на должностных лиц,
субъектов малого предпринимательства – в размере сорока, на субъектов среднего
предпринимательства в размере – семидесяти, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей либо лишение
лицензий, специальных разрешений на деятельность в сфере использования атомной
энергии.
Статья 415. Нарушение законодательства Республики
Казахстан в области технического регулирования
1. Нарушение законодательства Республики Казахстан в области технического
регулирования, совершенное в виде:
1) выпуска и реализации продукции, не соответствующей требованиям технических
регламентов;
2) выпуска в оптовую или розничную торговлю, на рынки продукции, не
соответствующей требованиям нормативного документа по стандартизации;
3) импорта и (или) реализации продукции, подлежащей обязательному
подтверждению соответствия, без наличия сертификата соответствия, знака
соответствия или декларации о соответствии, а также в случае их подделки, истечения
или приостановления срока действия;
4) нарушения порядка проведения работ по подтверждению соответствия и
аккредитации;
5) необоснованных выдачи или подтверждения действия сертификата
соответствия, а равно необоснованных принятия или регистрации декларации о
соответствии, заявления-декларации, –
влечет штраф на физических лиц в размере тридцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере шестидесяти пяти, на
субъектов среднего предпринимательства – в размере ста, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей, с
приостановлением аттестата аккредитации, аттестатов экспертов-аудиторов по
подтверждению соответствия, аккредитации на срок шесть месяцев.
2. Действие (бездействие), предусмотренное частью первой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере сорока пяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере ста двадцати, на
субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного
предпринимательства – в размере четырехсот месячных расчетных показателей, с
лишением аттестата аккредитации, аттестатов экспертов-аудиторов по подтверждению
соответствия, аккредитации.
Статья 416. Нарушение законодательства в области
обеспечения безопасности отдельных видов
продукции
Непрекращение субъектом осуществления процессов жизненного цикла продукции с
момента обнаружения несоответствия требованиям безопасности, установленным
законодательными актами о безопасности пищевой продукции, химической
продукции, машин и оборудования, игрушек и техническими регламентами, –
влечет штраф на физических лиц в размере ста шестидесяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере двухсот тридцати, на
субъектов среднего предпринимательства – в размере трехсот десяти, на субъектов
крупного предпринимательства – в размере тысячи шестисот месячных расчетных
показателей, с приостановлением деятельности или без такового с конфискацией
продукции или без таковой.
Примечание. Применительно к данной статье под субъектами признаются лица,
ответственные за безопасность продукции в соответствии с законодательными актами о
безопасности пищевой продукции, химической продукции, машин и оборудования,
игрушек.
Статья 417. Нарушение порядка выдачи сертификата о
происхождении товара и заключения форм товара
Таможенного союза или иностранного товара
1. Составление экспертами-аудиторами по определению страны происхождения
товара, статуса товара Таможенного союза или иностранного товара и выдача
экспертной организацией актов экспертиз о происхождении товара, об определении
статуса товара Таможенного союза или иностранного товара, в которых данные о товаре
фальсифицированы и (или) недостоверны, –
влекут штраф на экспертов-аудиторов по определению страны происхождения
товара, статуса товара Таможенного союза или иностранного товара в размере десяти
месячных расчетных показателей с приостановлением аттестатов экспертов-аудиторов по
определению страны происхождения товара, статуса товара Таможенного союза или
иностранного товара на срок шесть месяцев, на экспертные организации – в размере
тридцати месячных расчетных показателей с приостановлением деятельности на срок до
трех месяцев.
2. Отказ в выдаче сертификата о происхождении товара в случае представления
надлежаще оформленного акта экспертизы о происхождении товара и документов,
подтверждающих происхождение товара, по перечню, утверждаемому уполномоченным
органом в области технического регулирования, документов, подтверждающих
происхождение товара для внутреннего обращения, или отказ в выдаче заключения форм
товара Таможенного союза или иностранного товара в случае представления надлежаще
оформленного акта экспертизы об определении статуса товара Таможенного союза или
иностранного товара и сведений, документов, подтверждающих статус товара
Таможенного союза или иностранного товара, –
влечет штраф на организацию, уполномоченную на выдачу сертификата о
происхождении товара, органы (организации), уполномоченные на выдачу сертификата о
происхождении товара для внутреннего обращения, заключения форм товара Таможенного
союза или иностранного товара, в размере пятидесяти месячных расчетных показателей.
3. Выдача уполномоченной организацией сертификата о происхождении товара,
органами (организациями), уполномоченными на выдачу сертификата о происхождении
товара для внутреннего обращения, заключения форм товара Таможенного союза или
иностранного товара, сертификата о происхождении товара для внутреннего обращения,
заключения форм товара Таможенного союза или иностранного товара, в которых данные
о товаре фальсифицированы и (или) недостоверны, –
влечет штраф на организацию, уполномоченную на выдачу сертификата о
происхождении товара, органы (организации), уполномоченные на выдачу сертификата о
происхождении товара для внутреннего обращения, заключения форм товара Таможенного
союза или иностранного товара, в размере тридцати месячных расчетных показателей.
4. Нарушение уполномоченной организацией, органами (организациями),
уполномоченными на выдачу сертификата о происхождении товара для внутреннего
обращения, заключения форм товара Таможенного союза или иностранного товара, срока
выдачи сертификата о происхождении товара, сертификата о происхождении товара для
внутреннего обращения, заключения форм товара Таможенного союза или иностранного
товара, а также письменного мотивированного решения об отказе в их выдаче –
влечет штраф на организацию, уполномоченную на выдачу сертификата, органы
(организации), уполномоченные на выдачу сертификата о происхождении товара для
внутреннего обращения, заключения форм товара Таможенного союза или иностранного
товара, в размере тридцати месячных расчетных показателей.
5. Представление фальсифицированных и (или) недостоверных документов,
подтверждающих происхождение товара по перечню, утверждаемому уполномоченным
органом в области технического регулирования, для получения сертификата о
происхождении товара, документов, подтверждающих происхождение товара для
внутреннего обращения, для получения сертификата о происхождении товара для
внутреннего обращения, а также сведений, документов, подтверждающих статус товара
Таможенного союза или иностранного товара, для получения заключений форм товара
Таможенного союза или иностранного товара –
влечет штраф на субъектов малого предпринимательства в размере двенадцати, на
субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного
предпринимательства – в размере тридцати месячных расчетных показателей.
6. Действия (бездействие), предусмотренные частями первой, второй, третьей и
четвертой настоящей статьи, совершенные повторно в течение года после наложения
административного взыскания, –
влекут штраф на экспертов-аудиторов по определению страны происхождения
товара, статуса товара Таможенного союза или иностранного товара в размере сорока
месячных расчетных показателей с лишением аттестатов экспертов-аудиторов по
определению страны происхождения товара, статуса товара Таможенного союза или
иностранного товара, на организацию, уполномоченную на выдачу сертификата, органы
(организации), уполномоченные на выдачу сертификата о происхождении товара для
внутреннего обращения, заключения форм товара Таможенного союза или иностранного
товара, – в размере ста месячных расчетных показателей, на экспертные организации –
в размере шестидесяти месячных расчетных показателей, с приостановлением
деятельности на срок до трех месяцев.
Статья 418. Нарушение национальных стандартов,
предъявляемых к Государственному Флагу
Республики Казахстан и Государственному Гербу
Республики Казахстан, а также материальным
объектам с их изображением
1. Изготовление, использование и размещение Государственного Флага Республики
Казахстан и Государственного Герба Республики Казахстан, а также материальных
объектов с их изображением, не соответствующих требованиям национального стандарта,
–
влекут штраф на физических лиц в размере пятидесяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере ста, на субъектов
среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного
предпринимательства – в размере четырехсот месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере восьмидесяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере ста сорока, на
субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного
предпринимательства – в размере пятисот месячных расчетных показателей.
Статья 419. Нарушение законодательства Республики
Казахстан об обеспечении единства измерений
1. Нарушение законодательства Республики Казахстан об обеспечении единства
измерений, совершенное в виде:
1) допущения несоответствия количества фасованных товаров, содержащихся в
упаковках любого вида при их расфасовке, продаже и импорте, величине, обозначенной
на упаковках;
2) допущения несоответствия определения массы, объема, расхода или других
величин, характеризующих количество товаров, отчуждаемых при совершении торговых
операций, количеству товаров, указанных в контрольном (товарном) чеке или ином
документе, подтверждающем покупку проверяемых товаров;
3) поверки средств измерений, метрологической аттестации методик выполнения
измерений без аккредитации;
4) выпуска в обращение, применения, реализации и рекламы средства измерений и
стандартных образцов, подлежащих государственному метрологическому контролю, не
прошедших испытания для целей утверждения типа или метрологическую аттестацию, а
также поверку и (или) не включенных в реестр государственной системы обеспечения
единства измерений;
5) применения методик выполнения измерений, подлежащих государственному
метрологическому контролю и не прошедших метрологическую аттестацию и регистрацию в
реестре государственной системы обеспечения единства измерений, –
влечет штраф на физических лиц в размере тридцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере шестидесяти пяти, на
субъектов среднего предпринимательства – в размере ста, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей, с
приостановлением аттестата аккредитации, сертификата технического эксперта в
области обеспечения единства измерений, сертификата поверителя на срок шесть
месяцев.
2. Действия (бездействие), предусмотренные частью первой настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере тридцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере девяноста, на
субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов
крупного предпринимательства – в размере трехсот месячных расчетных показателей, с
лишением аттестата аккредитации, сертификата технического эксперта в области
обеспечения единства измерений, сертификата поверителя.
Сноска. Статья 419 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 420. Непринятие мер к уничтожению дикорастущей
конопли
Непринятие мер к уничтожению дикорастущей конопли на посевах
сельскохозяйственных культур, в садах, виноградниках, питомниках и парках, на
обочинах полей, оросительной и ирригационно-мелиоративных сетей, на полосах
отчуждения шоссейных и железных дорог, на территории организаций, на земельных
участках жителей городов, поселков и других населенных пунктов, а также на землях
государственного лесного и водного фондов, государственного запаса и закрепленных
за организациями после предписания –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере сорока, на субъектов
среднего предпринимательства – в размере семидесяти, на субъектов крупного
предпринимательства – в размере ста месячных расчетных показателей.
Статья 421. Непринятие мер к обеспечению охраны
наркосодержащих посевов
Непринятие мер к обеспечению установленного режима охраны посевов конопли,
мака или других растений, содержащих наркотические вещества, мест хранения и
переработки урожая этих культур, а равно непринятие мер к уничтожению пожнивных
остатков и отходов производства, содержащих наркотические вещества, –
влекут штраф на субъектов малого предпринимательства или некоммерческие
организации в размере шестидесяти, на субъектов среднего предпринимательства – в
размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных
расчетных показателей.
Статья 422. Непринятие мер к пресечению сбыта и (или)
немедицинского потребления наркотических
средств, психотропных веществ и прекурсоров
1. Непринятие владельцем развлекательного заведения, а также организации
образования мер к пресечению сбыта и (или) немедицинского потребления наркотических
средств, психотропных веществ и прекурсоров -
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере ста пятидесяти, на субъектов среднего предпринимательства – в
размере трехсот, на субъектов крупного предпринимательства – в размере одной тысячи
месячных расчетных показателей.
2. Действия (бездействие), предусмотренные частью первой настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф на субъектов малого предпринимательства или некоммерческие
организации в размере двухсот, на субъектов среднего предпринимательства – в
размере четырехсот, на субъектов крупного предпринимательства – в размере двух
тысяч месячных расчетных показателей.
Примечание. К развлекательным заведениям, указанным в настоящем Кодексе,
относятся игорные заведения, ночные клубы, кафе-бары, рестораны, интернет-кафе,
компьютерные, бильярдные, боулинг-клубы и кинотеатры, объекты театрально-зрелищного
назначения и иные здания, помещения, сооружения, в которых оказываются услуги
развлекательно-досугового, театрально-зрелищного, спортивного, культурно-досугового
назначения.
Статья 423. Пропаганда и незаконная реклама наркотических
средств, психотропных веществ и прекурсоров
1. Пропаганда и незаконная реклама наркотических средств, психотропных
веществ и прекурсоров –
влекут штраф на субъектов малого предпринимательства в размере ста
пятидесяти, на субъектов среднего предпринимательства – в размере трехсот, на
субъектов крупного предпринимательства – в размере пятисот месячных расчетных
показателей.
2. Реклама наркотических средств и психотропных веществ, внесенных в список
наркотических средств, психотропных веществ и прекурсоров, подлежащих контролю в
Республике Казахстан, в неспециализированных печатных изданиях, рассчитанных для
медицинских и фармацевтических работников, а равно распространение в целях рекламы
образцов лекарственных препаратов, содержащих наркотические средства и психотропные
вещества, –
влекут штраф на субъектов малого предпринимательства в размере двухсот, на
субъектов среднего предпринимательства – в размере четырехсот, на субъектов
крупного предпринимательства – в размере семисот месячных расчетных показателей, с
лишением лицензии на соответствующий вид деятельности либо без такового.
Примечания.
1. Под пропагандой наркотических средств, психотропных веществ и прекурсоров
в настоящей статье следует понимать деятельность физических и юридических лиц,
направленную на распространение сведений о способах, методах разработки,
изготовления и использования, местах приобретения наркотических средств,
психотропных веществ и прекурсоров, а также производство и распространение книжной
продукции, продукции средств массовой информации, распространение в компьютерных
сетях указанных сведений или совершение иных действий в этих целях.
2. Под незаконной рекламой наркотических средств, психотропных веществ и
прекурсоров в настоящей статье следует понимать деятельность физических и
юридических лиц по распространению и размещению в любой форме, с помощью любых
средств любой информации, которая оказывает неосознаваемое воздействие на
восприятие и инстинкты человека, формирует или поддерживает его интерес к
наркотическим средствам, психотропным веществам и прекурсорам.
Статья 424. Незаконная медицинская и (или)
фармацевтическая деятельность
1. Занятие незаконной медицинской и (или) фармацевтической деятельностью
лицом, не имеющим сертификата и (или) лицензии на данный вид деятельности, –
влечет штраф на физических лиц в размере пяти, на должностных лиц – в размере
пятнадцати, на субъектов малого предпринимательства – в размере двадцати, на
субъектов среднего предпринимательства – в размере пятидесяти, на субъектов
крупного предпринимательства – в размере семидесяти месячных расчетных показателей
2. Оказание на платной основе гарантированного объема бесплатной медицинской
помощи в организациях здравоохранения, ее оказывающих, –
влечет штраф на физических лиц в размере десяти, на должностных лиц,
субъектов малого предпринимательства, – в размере тридцати, на субъектов среднего
предпринимательства – в размере пятидесяти, на субъектов крупного
предпринимательства – в размере четырехсот месячных расчетных показателей.
3. Повторное в течение года после наложения административного взыскания
совершение деяний, предусмотренных частью второй настоящей статьи, –
влечет штраф на физических лиц в размере тридцати с лишением сертификата
специалиста, на должностных лиц, субъектов малого предпринимательства – в размере
шестидесяти пяти, на субъектов среднего предпринимательства – в размере ста, на
субъектов крупного предпринимательства – в размере семисот месячных расчетных
показателей, с конфискацией доходов, полученных вследствие совершения
административного правонарушения.
4. Проведение сеансов массового целительства (два и более человека), в том
числе с использованием средств массовой информации, –
влечет штраф в размере ста пятидесяти месячных расчетных показателей.
5. Участие медицинских работников, уполномоченных назначать лекарственные
средства, в рекламе лекарственных средств, реализация лекарственных средств
медицинскими работниками на рабочем месте, за исключением случаев, предусмотренных
законодательством, а также направление в определенные аптечные или иные виды
организаций и другие формы сотрудничества с ними в целях получения вознаграждения –
влекут штраф на физических лиц в размере восьмидесяти месячных расчетных
показателей с лишением сертификата специалиста, на должностных лиц, субъектов
малого предпринимательства – в размере ста, на субъектов среднего
предпринимательства – в размере двухсот, на субъектов крупного предпринимательства
– в размере трехсот месячных расчетных показателей.
Статья 425. Нарушение требований законодательства в
области санитарно-эпидемиологического
благополучия населения, а также гигиенических
нормативов
1. Нарушение нормативных правовых актов в области санитарно-
эпидемиологического благополучия населения, а также гигиенических нормативов,
технических регламентов, не повлекшее по неосторожности массовое заболевание или
отравление людей, –
влечет штраф на физических лиц в размере десяти, на должностных лиц,
субъектов малого предпринимательства – в размере двадцати, на субъектов среднего
предпринимательства – в размере сорока, на субъектов крупного предпринимательства –
в размере ста двадцати месячных расчетных показателей.
2. Действие (бездействие), предусмотренное частью первой настоящей статьи,
повлекшее причинение вреда здоровью человека, если это действие (бездействие) не
содержит признаков уголовно наказуемого деяния, –
влечет штраф на физических лиц в размере двухсот, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
трехсот, на субъектов среднего предпринимательства – в размере четырехсот, на
субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных
показателей, с приостановлением деятельности либо без такового.
Статья 426. Нарушение правил фармацевтической деятельности
и сферы обращения лекарственных средств,
изделий медицинского назначения и медицинской
техники
1. Нарушение правил регистрации и перерегистрации, производства, изготовления
и контроля качества, испытания (исследования), ввоза, закупки, транспортировки,
хранения, маркировки, реализации, применения (использования), обеспечения,
уничтожения, рекламы лекарственных средств, изделий медицинского назначения и
медицинской техники, если оно не повлекло причинения вреда здоровью человека, –
влечет штраф на физических лиц в размере семидесяти, на должностных лиц – в
размере ста, на субъектов малого предпринимательства – в размере ста тридцати, на
субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного
предпринимательства – в размере одной тысячи месячных расчетных показателей.
2. Производство, закупка, транспортировка, хранение, реализация, применение
(использование), реклама незарегистрированных, не разрешенных к применению
лекарственных средств, изделий медицинского назначения и медицинской техники, если
они не повлекли причинения вреда здоровью человека, –
влекут штраф на физических лиц в размере ста, на должностных лиц – в размере
ста пятидесяти, на субъектов малого предпринимательства – в размере двухсот, на
субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного
предпринимательства – в размере тысячи пятисот месячных расчетных показателей с
приостановлением деятельности, с конфискацией лекарственных и приравненных к ним
средств, продуктов лечебно-профилактического питания и пищевых добавок, а также
косметических средств, являющихся непосредственными предметами совершения
административного правонарушения и доходов, полученных вследствие совершения
административного правонарушения.
3. Деяния, предусмотренные частями первой или второй настоящей статьи,
повлекшие причинение вреда здоровью человека, если эти действия не содержат
признаков уголовно наказуемого деяния, –
влекут штраф на физических лиц в размере двухсот, на должностных лиц – в
размере трехсот, на субъектов малого предпринимательства – в размере трехсот
пятидесяти, на субъектов среднего предпринимательства – в размере четырехсот, на
субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных
показателей, с конфискацией лекарственных средств, изделий медицинского назначения
и медицинской техники, продуктов лечебно-профилактического питания и пищевых
добавок, а также косметических средств, являющихся непосредственными предметами
совершения административного правонарушения и доходов, полученных вследствие
совершенного административного правонарушения, а также запрещения их деятельности.
Статья 427. Нарушение требований технической укрепленности
объектов и помещений в сфере оборота
наркотических средств, психотропных веществ,
прекурсоров
1. Нарушение требований технической укрепленности объектов и помещений в
сфере оборота наркотических средств, психотропных веществ, прекурсоров -
влечет штраф на субъектов малого предпринимательства в размере двадцати пяти,
на субъектов среднего предпринимательства – в размере пятидесяти, на субъектов
крупного предпринимательства – в размере ста месячных расчетных показателей, с
приостановлением деятельности юридического лица.
2. Действие (бездействие), предусмотренное частью первой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере ста семидесяти
пяти, на субъектов среднего предпринимательства – в размере трехсот пятидесяти, на
субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных
показателей, с запрещением деятельности юридического лица.
Статья 428. Недостоверная реклама в области
здравоохранения
Распространение рекламодателем рекламы медицинских услуг, методов и средств
профилактики, диагностики, лечения и медицинской реабилитации, не имеющим лицензии
на осуществление соответствующего вида деятельности, а также рекламы биологически
активных добавок к пище без их государственной регистрации, если это действие не
содержит признаков уголовно наказуемого деяния, –
влечет штраф на физических лиц в размере десяти, на должностных лиц – в
размере двадцати пяти, на субъектов малого предпринимательства – в размере ста, на
субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов
крупного предпринимательства – в размере двухсот месячных расчетных показателей.
Статья 429. Уклонение от медицинского обследования и
лечения лиц, находящихся в контакте с
ВИЧ-инфицированными, больными СПИДом,
венерическими болезнями, туберкулезом, а также
лиц, потребляющих наркотические средства или
психотропные вещества без назначения врача
1. Уклонение от медицинского обследования и лечения лиц, находящихся в
контакте с ВИЧ-инфицированными, больными СПИДом, венерическими болезнями,
туберкулезом, продолжающееся после письменного предупреждения, сделанного
учреждением здравоохранения, –
влечет штраф в размере пяти месячных расчетных показателей.
2. Уклонение от медицинского обследования и лечения лиц, признанных больными
алкоголизмом, наркоманией и токсикоманией либо в отношении которых имеются
достаточные данные о том, что они без назначения врача употребляют наркотические
средства или психотропные вещества, –
влечет штраф в размере десяти месячных расчетных показателей.
Статья 430. Уклонение от лечения лиц с заболеваниями,
представляющими опасность для окружающих
1. Отказ от приема лекарственных средств и иное уклонение от лечения лиц с
заболеваниями, представляющими опасность для окружающих, перечень которых
определяется Правительством Республики Казахстан, а также лиц, находившихся в
контакте с ними и нуждающихся в профилактическом лечении, продолжающиеся после
письменного предупреждения, сделанного учреждением здравоохранения, –
влекут штраф в размере пяти месячных расчетных показателей.
2. Уклонение родителей или лиц, их заменяющих, от лечения несовершеннолетних
детей с заболеваниями, представляющими опасность для окружающих, перечень которых
определяется Правительством Республики Казахстан, –
влечет штраф на физических лиц в размере десяти месячных расчетных
показателей.
Статья 431. Сокрытие лицами с заболеваниями,
представляющими опасность для окружающих,
источника заражения и лиц, находившихся с
ними в контакте
Сокрытие лицами с заболеваниями, представляющими опасность для окружающих,
источника заражения и лиц, находившихся с ними в контакте, создающее опасность
заражения этими болезнями других лиц, –
влечет штраф в размере пяти месячных расчетных показателей.
Статья 432. Предоставление заведомо ложных сведений и
информации при получении разрешительных
документов на занятие медицинской,
фармацевтической деятельности
1. Предоставление заведомо ложных сведений и информации при получении
разрешительных документов на занятие медицинской, фармацевтической деятельности, в
том числе путем фальсификации документов, если это действие не содержит признаков
уголовно наказуемого деяния, –
влечет штраф на физических лиц в размере десяти, на должностных лиц,
субъектов малого предпринимательства – в размере пятнадцати, на субъектов среднего
предпринимательства – в размере двадцати, на субъектов крупного предпринимательства
– в размере тридцати месячных расчетных показателей.
2. То же деяние, совершенное повторно в течение года после наложения
административного взыскания, –
влечет штраф на физических лиц в размере двадцати, на должностных лиц,
субъектов малого предпринимательства – в размере тридцати, на субъектов среднего
предпринимательства – в размере сорока, на субъектов крупного предпринимательства –
в размере шестидесяти месячных расчетных показателей.
Статья 433. Нарушение субъектами здравоохранения
обязанности по информированию уполномоченных
органов
1. Нарушение субъектами здравоохранения обязанности по информированию
уполномоченного органа в области здравоохранения о случаях инфекционных
заболеваний, отравлений, психических и поведенческих расстройств (заболеваний),
представляющих опасность для окружающих, органов по чрезвычайным ситуациям об
угрозе возникновения и (или) о возникновении медико-санитарных последствий
чрезвычайных ситуаций, органов внутренних дел – о лицах, обратившихся по поводу
свежих травм, ранений, криминальных абортов, о случаях заболеваний, представляющих
опасность для окружающих, –
влечет штраф на физических лиц в размере пяти, на должностных лиц – в размере
десяти месячных расчетных показателей.
2. То же действие (бездействие), совершенное повторно в течение года после
наложения административного взыскания, –
влечет штраф на физических лиц в размере десяти месячных расчетных
показателей с лишением сертификата, на должностных лиц – в размере двадцати
месячных расчетных показателей.
Глава 25. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ
НА ОБЩЕСТВЕННЫЙ ПОРЯДОК И НРАВСТВЕННОСТЬ Статья 434. Мелкое хулиганство
1. Мелкое хулиганство, то есть нецензурная брань в общественных местах,
оскорбительное приставание к физическим лицам, осквернение жилых помещений,
загрязнение мест общего пользования, парков, скверов, в том числе выброс
коммунальных отходов в неустановленных местах, и другие подобные действия,
выражающие неуважение к окружающим, нарушающие общественный порядок и спокойствие
физических лиц, –
влечет штраф в размере десяти месячных расчетных показателей либо
административный арест на срок до десяти суток.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут административный арест на срок до пятнадцати суток.
3. Действия, предусмотренные частью второй настоящей статьи, совершенные
лицами, к которым административный арест в соответствии с частью второй статьи 50
настоящего Кодекса не применяется, –
влекут штраф в размере двадцати месячных расчетных показателей.
Статья 435. Хулиганство, совершенное несовершеннолетним
Мелкое хулиганство или хулиганство, предусмотренное частью первой статьи 293
Уголовного кодекса Республики Казахстан, совершенное несовершеннолетним в возрасте
от четырнадцати до шестнадцати лет, –
влечет штраф на родителей или лиц, их заменяющих, в размере семи месячных
расчетных показателей.
Статья 436. Стрельба из огнестрельного, газового,
пневматического оружия, запуск
пиротехнических веществ и изделий с их
применением в населенных пунктах
1. Стрельба из огнестрельного, газового (за исключением случаев
самообороны), пневматического оружия в населенных пунктах и в не отведенных для
этого местах, –
влечет штраф в размере десяти месячных расчетных показателей с конфискацией
оружия или без таковой.
2. Взрыв специальных и кустарного производства пиротехнических устройств в
населенных пунктах и в не отведенных для этого местах, нарушающий покой физических
лиц, установленный порядок и не повлекший причинение крупного материального ущерба,
–
влечет штраф в размере десяти месячных расчетных показателей с конфискацией
пиротехнических средств и устройств.
3. Действия, предусмотренные частями первой и второй настоящей статьи,
совершенные несовершеннолетними в возрасте до шестнадцати лет, –
влекут предупреждение или штраф на родителей или лиц, их заменяющих, в
размере десяти месячных расчетных показателей с конфискацией пиротехнических
устройств.
4. Действия, предусмотренные частями первой и второй настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, а
равно лицом, привлекавшимся в течение года к административной ответственности за
правонарушение, предусмотренное статьей 437 настоящего Кодекса, –
влекут штраф в размере пятнадцати месячных расчетных показателей с
конфискацией предмета, явившегося орудием либо предметом совершения
административного правонарушения.
Статья 437. Нарушение тишины
1. Нарушение тишины в ночное время (с 23 до 6 часов утра), в том числе
проведение в жилых помещениях и вне их сопровождаемых шумом работ, не связанных с
неотложной необходимостью, препятствующее нормальному отдыху и спокойствию
физических лиц, –
влечет штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере десяти, на субъектов
среднего предпринимательства – в размере пятнадцати, на субъектов крупного
предпринимательства – в размере пятидесяти месячных расчетных показателей.
2. То же действие, совершенное повторно в течение года после наложения
административного взыскания, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере двадцати, на
субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного
предпринимательства – в размере девяноста месячных расчетных показателей.
Статья 438. Заведомо ложный вызов специальных служб
1. Заведомо ложный вызов органов государственной противопожарной службы,
полиции, скорой медицинской помощи, аварийных служб –
влечет штраф на физических лиц в размере тридцати месячных расчетных
показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания либо
совершенные в период ликвидации аварии, пожаров, последствий стихийных бедствий, –
влекут штраф на физических лиц в размере шестидесяти месячных расчетных
показателей.
3. Действия, предусмотренные частями первой и второй настоящей статьи,
совершенные несовершеннолетними в возрасте от четырнадцати до шестнадцати лет, –
влекут предупреждение или штраф на родителей или лиц, их заменяющих, в
размере пятнадцати месячных расчетных показателей.
Статья 439. Заведомо ложная информация о факте
коррупционного правонарушения
Сообщение органу, ведущему борьбу с коррупцией, заведомо ложной информации о
факте коррупционного правонарушения –
влечет штраф на физических лиц в размере двухсот месячных расчетных
показателей.
Статья 440. Распитие алкогольных напитков или появление в
общественных местах в состоянии опьянения
1. Распитие алкогольных напитков на улицах и в других общественных местах,
кроме организаций торговли и общественного питания, в которых продажа алкогольных
напитков на разлив разрешена местным исполнительным органом, или появление в
общественных местах в состоянии опьянения, оскорбляющем человеческое достоинство и
общественную нравственность, –
влечет штраф в размере пяти месячных расчетных показателей.
2. Появление в общественных местах в состоянии опьянения лиц, не достигших
восемнадцати лет, а равно распитие ими алкогольных напитков –
влекут штраф на родителей или лиц, их заменяющих, в размере пяти месячных
расчетных показателей.
3. Действия, предусмотренные частями первой и второй настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф в размере десяти месячных расчетных показателей.
4. Действия, предусмотренные частями первой и второй настоящей статьи,
совершенные лицом, которое дважды в течение года подвергалось административному
взысканию за распитие алкогольных напитков или появление в общественных местах в
состоянии опьянения, –
влекут административный арест на срок до пяти суток.
5. Действия, предусмотренные частью четвертой настоящей статьи, совершенные
лицами, к которым административный арест в соответствии с частью третьей статьи 50
настоящего Кодекса не применяется, –
влекут штраф в размере пятнадцати месячных расчетных показателей.
Статья 441. Нарушение запрета потребления табачных изделий в
отдельных общественных местах
Сноска. Заголовок статьи 441 в редакции Закона РК от 06.04.2015 № 299-
V (вводится в действие по истечении десяти календарных дней после дня его первого
официального опубликования).
1. Потребление табачных изделий в отдельных общественных местах, в которых
законодательством Республики Казахстан установлен запрет на потребление табачных
изделий, –
влечет штраф на физических лиц в размере трех месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере шести месячных расчетных
показателей.
3. Нарушение работодателем законодательства Республики Казахстан,
предусматривающего выделение специальных мест для потребления табачных изделий, а
также непринятие мер к лицам, потребляющим табачные изделия в не определенных для
этого специальных местах, –
влекут штраф на должностных лиц в размере десяти, на юридических лиц – в
размере сорока месячных расчетных показателей.
Сноска. Статья 441 с изменениями, внесенными Законом РК от 06.04.2015 № 299-
V (вводится в действие по истечении десяти календарных дней после дня его первого
официального опубликования).
Статья 442. Нахождение в ночное время несовершеннолетних в
развлекательных заведениях или вне жилища без
сопровождения законных представителей
Сноска. Заголовок статьи 442 в редакции Закона РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
1. Нахождение несовершеннолетних в развлекательных заведениях в ночное
время без сопровождения законных представителей с 22 до 6 часов утра –
влечет штраф на законных представителей в размере трех месячных расчетных
показателей.
2. Нахождение несовершеннолетних без сопровождения законных представителей
вне жилища с 23 до 6 часов утра –
влечет предупреждение на законных представителей.
3. Действия, предусмотренные частями первой и второй настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф на законных представителей в размере пятнадцати месячных
расчетных показателей.
Сноска. Статья 442 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 443. Неповиновение законному требованию лица,
участвующего в обеспечении общественного
порядка
1. Неповиновение законному требованию лица, участвующего в обеспечении
общественного порядка, –
влечет штраф в размере пяти месячных расчетных показателей.
2. Действие (бездействие), предусмотренное частью первой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф в размере десяти месячных расчетных показателей либо
административный арест до пяти суток.
Сноска. Статья 443 в редакции Закона РК от 29.12.2014 № 272-V (вводится в
действие 01.01.2015).
Статья 444. Участие, вовлечение или допуск к азартным
играм
1. Участие в азартных играх (на деньги, вещи и иные ценности) в
неотведенных для этого местах, а равно принятие ставок на спортивные и иные
состязания лицами, не имеющими на то специального разрешения, –
влекут штраф на физических лиц в размере двухсот месячных расчетных
показателей с конфискацией игральных принадлежностей, денег, вещей и иных
ценностей.
2. Вовлечение и допуск граждан Республики Казахстан в возрасте до двадцати
одного года в занятия азартными играми и (или) пари на деньги, вещи и иные ценности
–
влекут штраф на физических лиц в размере трехсот месячных расчетных
показателей.
Статья 445. Нарушение законодательства Республики
Казахстан об игорном бизнесе
1. Пункт 1 вводится в действие по истечении шести месяцев после дня его
первого официального опубликования в соответствии с Законом РК от 24.04.2015 № 310-
V.
2. Заключение пари, прием (учет) ставок, выплата выигрыша вне игорных
заведений (касс тотализаторов или букмекерских контор) либо организация и
проведение азартных игр и (или) пари, предусматривающих прием ставок и (или) выдачу
выигрыша в виде иного имущества, кроме денег, организатором игорного бизнеса, за
исключением случая, установленного законом, –
влекут штраф на субъектов среднего предпринимательства в размере трехсот, на
субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных
показателей, с приостановлением действия лицензии.
3. Несоблюдение требований по проценту выигрыша, технологически заложенного
в игровой автомат, –
влечет штраф на субъектов среднего предпринимательства в размере трехсот, на
субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных
показателей, с конфискацией доходов, полученных вследствие совершения
административного правонарушения, и приостановлением действия лицензии.
4. Невыполнение организатором игорного бизнеса условий по формированию,
использованию, обеспечению размещения на постоянной основе обязательных резервов в
порядке и на условиях, определяемых законодательством Республики Казахстан, –
влечет штраф на субъектов среднего предпринимательства в размере трехсот, на
субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных
показателей, с приостановлением действия лицензии.
5. Монтаж игровых автоматов или их частей в стены, оконные и дверные проемы
в казино и залах игровых автоматов –
влечет штраф на субъектов среднего предпринимательства в размере трехсот, на
субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных
показателей, с приостановлением действия лицензии.
6. Несоблюдение организатором игорного бизнеса требований по оборудованию
касс и игровых мест игорных заведений видеозаписывающими системами либо нарушение
сроков хранения записанной информации или условий фиксации, либо неисполнение
обязанности установить оборудование для организации и проведения пари –
влечет штраф на субъектов среднего предпринимательства в размере трехсот, на
субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных
показателей, с приостановлением действия лицензии.
7. Пункт 7 вводится в действие по истечении шести месяцев после дня его
первого официального опубликования в соответствии с Законом РК от 24.04.2015 № 310-
V.
8. Использование организатором игорного бизнеса игровых автоматов с
нарушением требований законодательства Республики Казахстан в области технического
регулирования –
влечет штраф на субъектов среднего предпринимательства в размере трехсот, на
субъектов крупного предпринимательства – в размере одной тысячи месячных расчетных
показателей, с приостановлением действия лицензии.
9. Пункт 9 вводится в действие по истечении шести месяцев после дня его
первого официального опубликования в соответствии с Законом РК от 24.04.2015 № 310-
V.
10. Пункт 10 вводится в действие по истечении шести месяцев после дня его
первого официального опубликования в соответствии с Законом РК от 24.04.2015 № 310-
V.
11. Действия (бездействие), предусмотренные частями первой, второй,
четвертой, пятой, шестой, седьмой, девятой и десятой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на субъектов среднего предпринимательства в размере четырехсот,
на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных
показателей, с лишением лицензии.
12. Деяния, предусмотренные частями третьей и восьмой настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф на субъектов среднего предпринимательства в размере четырехсот,
на субъектов крупного предпринимательства – в размере двух тысяч месячных расчетных
показателей, с конфискацией доходов, полученных вследствие совершения
административного правонарушения, и лишением лицензии.
Сноска. Статья 445 с изменениями, внесенными Законом РК от 24.04.2015 № 310-V
(вводится в действие по истечении двадцати одного календарного дня после дня его
первого официального опубликования).
Статья 446. Рекламирование продукции эротического
содержания
Продажа, распространение или рекламирование продукции эротического содержания
в неотведенных для этих целей местах –
влекут штраф на физических лиц в размере двадцати месячных расчетных
показателей с конфискацией продукции эротического содержания.
Статья 447. Нарушение правил охраны и использования
памятников истории и культуры
Нарушение правил охраны и использования памятников истории и культуры,
охраняемых государством, –
влечет штраф на физических лиц в размере пяти, на должностных лиц – в размере
десяти месячных расчетных показателей.
Статья 448. Вандализм несовершеннолетних
Вандализм, то есть осквернение зданий, иных сооружений, памятников истории и
культуры, природных объектов, охраняемых государством, мест захоронения людей
надписями или рисунками, или иными действиями, оскорбляющими общественную
нравственность, а равно умышленная порча имущества на транспорте или в иных
общественных местах, совершенные несовершеннолетними в возрасте до шестнадцати лет,
–
влекут штраф на родителей или лиц, их заменяющих, в размере пятнадцати
месячных расчетных показателей.
Статья 449. Приставание в общественных местах
1. Приставание, то есть назойливое обращение в общественных местах в целях
покупки, продажи, обмена или приобретения вещей иным способом, совершенное лицом,
не являющимся субъектом предпринимательства, а также в целях гадания,
попрошайничества, оказания услуг сексуального характера либо навязывания иных
услуг, –
влечет штраф на физических лиц в размере пяти месячных расчетных показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф в размере десяти месячных расчетных показателей либо
административный арест сроком до пяти суток.
3. Действия, предусмотренные частью первой настоящей статьи, совершенные
иностранцем либо лицом без гражданства, –
влекут административный арест сроком до пяти суток с административным
выдворением за пределы Республики Казахстан.
Сноска. Статья 449 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 450. Предоставление помещений заведомо для занятия
проституцией или сводничества
1. Предоставление помещений заведомо для занятия проституцией или
сводничества –
влечет штраф на физических лиц в размере ста, на должностных лиц, субъектов
малого предпринимательства – в размере ста пятидесяти, на субъектов среднего
предпринимательства – в размере трехсот, на субъектов крупного предпринимательства
– в размере одной тысячи месячных расчетных показателей, с приостановлением их
деятельности или отдельных видов деятельности на срок до трех месяцев.
2. То же действие, совершенное повторно в течение года после наложения
административного взыскания, –
влечет штраф на физических лиц в размере ста пятидесяти, на должностных лиц,
субъектов малого предпринимательства – в размере двухсот, на субъектов среднего
предпринимательства – в размере четырехсот, на субъектов крупного
предпринимательства – в размере двух тысяч месячных расчетных показателей, с
запрещением их деятельности или отдельных видов деятельности на срок до трех лет с
конфискацией доходов, полученных вследствие совершения административного
правонарушения.
Глава 26. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ
ПЕЧАТИ И ИНФОРМАЦИИ
Статья 451. Нарушение законодательства Республики
Казахстан о средствах массовой информации
1. Распространение продукции средства массовой информации, а также
сообщений и материалов информационного агентства без постановки на учет либо после
вынесения решения о приостановлении, прекращении их выпуска (выхода в эфир) или
признании свидетельства о постановке на учет утратившим силу –
влечет штраф на должностных лиц в размере десяти, на субъектов малого
предпринимательства – в размере двадцати, на субъектов среднего предпринимательства
– в размере пятидесяти, на субъектов крупного предпринимательства – в размере
трехсот месячных расчетных показателей, с конфискацией продукции средства массовой
информации.
2. Производство, изготовление, тиражирование и (или) распространение
продукции средства массовой информации, а также сообщений и материалов
информационного агентства без переучета в случаях смены собственника либо его
организационно-правовой формы, наименования, а также названия средства массовой
информации, изменения языка издания либо вещания, территории распространения,
основной тематической направленности, периодичности выпуска –
влекут штраф на должностных лиц в размере сорока, на субъектов малого
предпринимательства – в размере ста, на субъектов среднего предпринимательства – в
размере двухсот, на субъектов крупного предпринимательства – в размере одной тысячи
месячных расчетных показателей, с приостановлением выпуска (выхода в эфир) средства
массовой информации на срок до трех месяцев.
3. Действия, предусмотренные частью второй настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут запрещение выпуска (выхода в эфир) средства массовой информации.
Статья 452. Нарушение законодательства Республики
Казахстан о телерадиовещании
1. Нарушение законодательства Республики Казахстан о телерадиовещании теле-,
радиокомпаниями, совершенное в виде:
1) распространения отечественными теле-, радиоканалами менее установленной
нормы процентов отечественных теле-, радиопрограмм;
2) распространения на телеканале телепрограмм новостного характера без
обеспечения сурдопереводом или переводом в виде субтитров;
3) распространения на телеканале дополнительной информации, превышающей
пятнадцать процентов площади кадра;
4) необеспечения качества подачи теле-, радиоканалами теле-, радиопрограмм в
соответствии с правилами присоединения технических средств телерадиовещания к сетям
операторов телерадиовещания, технической эксплуатации систем телерадиовещания и
требованиями национальных стандартов телерадиовещания, –
влечет штраф на должностных лиц в размере пятидесяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере ста, на субъектов
среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного
предпринимательства – в размере трехсот месячных расчетных показателей.
2. Деяния, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на должностных лиц в размере ста, на субъектов малого
предпринимательства или некоммерческие организации – в размере ста пятидесяти, на
субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного
предпринимательства – в размере четырехсот месячных расчетных показателей.
3. Распространение передач по телерадиовещательным каналам на казахском
языке менее суммарного объема передач на других языках в интервалах времени
продолжительностью шесть часов каждый, исчисляемый с ноля часов местного времени, –
влечет штраф на должностных лиц в размере десяти, на субъектов малого
предпринимательства – в размере двадцати, на субъектов среднего предпринимательства
– в размере пятидесяти, на субъектов крупного предпринимательства – в размере
трехсот месячных расчетных показателей, с конфискацией печатной или иной продукции
и приостановлением выпуска (выхода в эфир) средства массовой информации на срок до
трех месяцев.
4. Действие, предусмотренное частью третьей настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на должностных лиц в размере пятидесяти, на субъектов малого
предпринимательства – в размере ста пятидесяти, на субъектов среднего
предпринимательства – в размере двухсот пятидесяти, на субъектов крупного
предпринимательства – в размере одной тысячи месячных расчетных показателей, с
лишением лицензии на деятельность по организации телевизионного и (или)
радиовещания и запрещением выпуска (выхода в эфир) средства массовой информации.
5. Вещание в еженедельном объеме отечественными теле-, радиоканалами
ретрансляции теле-, радиопрограмм иностранных теле-, радиоканалов, превышающем
двадцать процентов от общего объема теле-, радиопрограмм, –
влечет штраф на должностных лиц в размере пятидесяти, юридических лиц – в
размере ста месячных расчетных показателей.
6. Действие, предусмотренное частью пятой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на должностных лиц в размере ста, на юридических лиц – в размере
двухсот месячных расчетных показателей, с приостановлением выпуска (выхода в эфир)
средства массовой информации на срок до трех месяцев.
7. Нарушение законодательства Республики Казахстан о телерадиовещании
операторами телерадиовещания, совершенное в виде:
1) нераспространения операторами телерадиовещания обязательных теле-,
радиоканалов;
2) нарушения операторами телерадиовещания условий ретрансляции теле-,
радиоканала, –
влечет штраф на должностных лиц в размере пятидесяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере ста, на субъектов
среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного
предпринимательства – в размере трехсот месячных расчетных показателей.
8. Деяния, предусмотренные частью седьмой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на должностных лиц в размере ста, на субъектов малого
предпринимательства или некоммерческие организации – в размере ста пятидесяти, на
субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного
предпринимательства – в размере четырехсот месячных расчетных показателей.
9. Нарушение законодательства Республики Казахстан о телерадиовещании теле-,
радиокомпаниями и операторами телерадиовещания, совершенное в виде:
1) организации системы коллективного приема, не предусматривающей
коммерческой цели без письменного согласия собственников здания и (или) зданий;
2) распространения телепрограмм, которые могут нанести вред физическому,
психическому, нравственному, моральному и духовному развитию детей и подростков;
3) несвоевременного распространения операторами телерадиовещания и теле-,
радиокомпаниями сигнала оповещения населения об угрозе жизни, здоровью людей и
порядке действий в сложившейся обстановке при чрезвычайных ситуациях природного и
техногенного характера, а также в интересах обороны, национальной безопасности и
охраны правопорядка;
4) использования технических средств телерадиовещания, не прошедших процедуры
подтверждения соответствия;
5) создания помех радиопередающим и (или) радиоприемным средствам связи
посредством индивидуальных наземных спутниковых приемных устройств;
6) распространения операторами телерадиовещания теле-, радиоканалов, не
поставленных на учет, переучет в уполномоченном органе, –
влечет штраф на должностных лиц в размере пятидесяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере ста, на субъектов
среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного
предпринимательства – в размере трехсот месячных расчетных показателей.
10. Деяния, предусмотренные частью девятой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на должностных лиц в размере ста, на субъектов малого
предпринимательства или некоммерческие организации – в размере ста пятидесяти, на
субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного
предпринимательства – в размере четырехсот месячных расчетных показателей.
Статья 453. Изготовление, хранение, ввоз, перевозка,
распространение на территории Республики
Казахстан продукции средств массовой
информации, а равно иной продукции
1. Изготовление, хранение, ввоз, перевозка на территории Республики Казахстан
продукции средств массовой информации, содержащей сведения и материалы,
направленные на пропаганду или агитацию насильственного изменения конституционного
строя, нарушения целостности Республики Казахстан, подрыва безопасности
государства, войны, разжигания социальной, расовой, национальной, религиозной,
сословной и родовой розни, культа жестокости, насилия и порнографии, –
влекут штраф на физических лиц в размере двадцати, на должностных лиц – в
размере двадцати пяти, на субъектов малого предпринимательства или некоммерческие
организации – в размере пятидесяти, на субъектов среднего предпринимательства – в
размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных
расчетных показателей, с конфискацией продукции средств массовой информации.
2. Распространение на территории Республики Казахстан продукции средств
массовой информации, содержащей сведения и материалы, направленные на пропаганду
или агитацию насильственного изменения конституционного строя, нарушения
целостности Республики Казахстан, подрыва безопасности государства, войны,
разжигания социальной, расовой, национальной, религиозной, сословной и родовой
розни, пропаганду и оправдание экстремизма или терроризма, а также раскрывающие
технические приемы и тактику антитеррористических операций в период их проведения,
если эти действия не содержат признаков уголовно наказуемого деяния, –
влечет штраф на физических лиц в размере двадцати, на должностных лиц – в
размере двадцати пяти, на субъектов малого предпринимательства или некоммерческие
организации – в размере пятидесяти, на субъектов среднего предпринимательства – в
размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных
расчетных показателей, с конфискацией продукции средств массовой информации.
3. Действия, предусмотренные частями первой и второй настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере ста, на должностных лиц – в размере
ста пятидесяти, на субъектов малого предпринимательства или некоммерческие
организации – в размере двухсот, на субъектов среднего предпринимательства – в
размере трехсот, на субъектов крупного предпринимательства – в размере тысячи
пятисот месячных расчетных показателей, с конфискацией продукции средств массовой
информации с лишением лицензии на деятельность по организации телевизионных
программ и (или) радиовещания и запрещением деятельности юридического лица.
4. Изготовление, хранение, ввоз, перевозка, распространение на территории
Республики Казахстан иной продукции, не относящейся к средствам массовой
информации, содержащей сведения и материалы, направленные на пропаганду или
агитацию насильственного изменения конституционного строя, нарушения целостности
Республики Казахстан, подрыва безопасности государства, войны, разжигания
социальной, расовой, национальной, религиозной, сословной и родовой розни, культа
жестокости, насилия и порнографии, если эти действия не содержат признаков уголовно
наказуемого деяния, –
влекут штраф на физических лиц в размере ста, на должностных лиц – в размере
ста пятидесяти, на субъектов малого предпринимательства или некоммерческие
организации – в размере двухсот, на субъектов среднего предпринимательства – в
размере трехсот, на субъектов крупного предпринимательства – в размере тысячи
пятисот месячных расчетных показателей, с конфискацией продукции.
5. Действия, предусмотренные частями третьей и четвертой настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере двухсот, на должностных лиц – в
размере трехсот, на субъектов малого предпринимательства или некоммерческие
организации – в размере трехсот пятидесяти, на субъектов среднего
предпринимательства – в размере четырехсот, на субъектов крупного
предпринимательства – в размере двух тысяч месячных расчетных показателей, с
лишением лицензии на деятельность по организации телевизионного и (или)
радиовещания и запрещением деятельности юридического лица.
Статья 454. Нарушение порядка предоставления обязательных
бесплатных экземпляров периодических печатных
изданий, фиксации, хранения материалов теле- и
радиопередач
1. Непредоставление обязательных бесплатных экземпляров периодических
печатных изданий, а также фиксации и хранения материалов теле- и радиопередач –
влечет предупреждение или штраф в размере десяти месячных расчетных
показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф в размере пятнадцати месячных расчетных показателей и
приостановление выпуска (выхода в эфир) средства массовой информации на срок до
трех месяцев.
Статья 455. Нарушение законодательства Республики
Казахстан о рекламе
1. Производство, распространение, размещение и использование рекламы
товаров (работ и услуг), запрещенных к рекламе законами Республики Казахстан, –
влекут штраф на физических лиц в размере пятидесяти, на должностных лиц – в
размере семидесяти, на субъектов малого предпринимательства или некоммерческие
организации – в размере ста, на субъектов среднего предпринимательства – в размере
ста пятидесяти, на субъектов крупного предпринимательства – в размере четырехсот
месячных расчетных показателей.
2. Нарушение установленных законами Республики Казахстан требований к языкам
распространения рекламы –
влечет штраф на физических лиц в размере двадцати, на должностных лиц – в
размере семидесяти, на субъектов малого предпринимательства или некоммерческие
организации – в размере ста, на субъектов среднего предпринимательства – в размере
двухсот, на субъектов крупного предпринимательства – в размере четырехсот месячных
расчетных показателей.
3. То же действие, совершенное с использованием средств массовой информации,
–
влечет штраф на физических лиц в размере семидесяти, на должностных лиц – в
размере ста, на субъектов малого предпринимательства или некоммерческие организации
– в размере ста пятидесяти, на субъектов среднего предпринимательства – в размере
двухсот, на субъектов крупного предпринимательства – в размере пятисот месячных
расчетных показателей.
4. Действия, предусмотренные частями первой, второй и третьей настоящей
статьи, совершенные повторно в течение года после наложения административного
взыскания, –
влекут штраф на физических лиц в размере ста пятидесяти, на должностных лиц –
в размере ста семидесяти, на субъектов малого предпринимательства или
некоммерческие организации – в размере двухсот, на субъектов среднего
предпринимательства – в размере трехсот, на субъектов крупного предпринимательства
– в размере шестисот месячных расчетных показателей, с приостановлением выпуска
(выхода в эфир) средства массовой информации на срок до трех месяцев.
Статья 456. Нарушение порядка объявления выходных данных
1. Выпуск периодического печатного издания без установленных выходных
данных, выход в эфир теле– и радиопрограмм электронных средств массовой информации
без объявления в эфире своего наименования, а равно с неясными либо заведомо
ложными выходными данными –
влекут предупреждение или штраф в размере двадцати месячных расчетных
показателей с конфискацией тиража продукции средств массовой информации либо без
таковой.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф в размере пятидесяти месячных расчетных показателей с
конфискацией тиража продукции и технических средств, используемых для изготовления
и распространения продукции средства массовой информации, либо приостановление
выпуска (выхода в эфир) средства массовой информации на срок до трех месяцев.
Глава 27. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ
НА УСТАНОВЛЕННЫЙ ПОРЯДОК УПРАВЛЕНИЯ Статья 457. Нарушение законодательства Республики
Казахстан по вопросам государственной
регистрации нормативных правовых актов
1. Непредставление должностным лицом на государственную регистрацию
нормативного правового акта, подлежащего такой регистрации, в порядке и сроки,
установленные законодательством Республики Казахстан, –
влечет штраф в размере десяти месячных расчетных показателей.
2. Применение должностным лицом нормативного правового акта, утратившего
силу в установленном порядке, признанного судом недействительным, официально
неопубликованного в установленном порядке, не введенного в действие, либо действие
которого приостановлено уполномоченным органом, а также не прошедшего
государственную регистрацию в органах юстиции, –
влечет штраф в размере двадцати месячных расчетных показателей.
3. Действия, предусмотренные частями первой или второй настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф в размере тридцати месячных расчетных показателей.
Статья 458. Нарушение порядка использования
Государственного Флага Республики Казахстан,
Государственного Герба Республики Казахстан, а
также использования и исполнения
Государственного Гимна Республики Казахстан
1. Незаконное использование Государственного Флага Республики Казахстан,
Государственного Герба Республики Казахстан и их изображений, а также использование
и исполнение Государственного Гимна Республики Казахстан с нарушением требований
законодательства Республики Казахстан –
влекут штраф в размере двухсот месячных расчетных показателей.
2. Неиспользование государственных символов в случаях, когда их использование
является обязательным, –
влечет штраф на должностных лиц в размере двухсот месячных расчетных
показателей.
3. Деяния, предусмотренные частями первой и второй настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф в размере четырехсот месячных расчетных показателей.
Статья 459. Нарушение порядка последующего официального
опубликования текстов нормативных правовых
актов
Нарушение порядка последующего официального опубликования текстов нормативных
правовых актов, совершенное в виде:
1) последующего официального опубликования текстов нормативных правовых
актов, не прошедших экспертизу на соответствие публикуемых ими текстов эталонному
контрольному банку нормативных правовых актов Республики Казахстан;
2) неопубликования в точном соответствии эталонному контрольному банку
нормативных правовых актов Республики Казахстан;
3) неуказания даты введения в действие;
4) последующего опубликования официальных текстов нормативных правовых актов
с комментариями печатного издания к публикуемым нормативным правовым актам, –
влечет штраф на субъектов малого предпринимательства в размере тридцати, на
субъектов среднего предпринимательства – в размере шестидесяти, на субъектов
крупного предпринимательства – в размере ста месячных расчетных показателей.
Статья 460. Нарушение срока подачи документов на
государственную регистрацию прав на недвижимое
имущество
Нарушение физическими и (или) юридическими лицами установленного Законом
Республики Казахстан «О государственной регистрации прав на недвижимое имущество»
срока подачи документов на государственную регистрацию прав на недвижимое имущество
–
влечет штраф на физических лиц в размере десяти, на юридических лиц – в
размере двадцати месячных расчетных показателей.
Статья 461. Нарушение защитного предписания
Нарушение защитного предписания, вынесенного органом внутренних дел, –
влечет предупреждение либо административный арест на срок до пяти суток.
Статья 462. Воспрепятствование должностным лицам
государственных инспекций и органов
государственного контроля и надзора в
выполнении ими служебных обязанностей,
невыполнение постановлений, предписаний и иных
требований
1. Воспрепятствование должностным лицам государственных инспекций и органов
государственного контроля и надзора в выполнении ими служебных обязанностей в
соответствии с их компетенцией, выразившееся в отказе от предоставления необходимых
документов, материалов, статистических (за исключением первичных статистических
данных) и иных сведений, информации о деятельности, о доходах, об оснащенности
приборами учета энергетических ресурсов, объемах потребления и потерях
энергетических ресурсов, воды, об исчислении и уплате страховых взносов, об
использовании атомной энергии, в отказе допуска для проведения по постановлению
уполномоченного органа ревизии, проверки, инвентаризации, экспертиз и других
действий, предусмотренных законодательством, или в создании иного препятствия в их
осуществлении, либо предоставление недостоверной информации –
влечет штраф на физических лиц в размере трех, на должностных лиц, субъектов
малого предпринимательства или некоммерческие организации – в размере ста, на
субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов
крупного предпринимательства – в размере двухсот месячных расчетных показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере семи, на должностных лиц, субъектов
малого предпринимательства или некоммерческие организации – в размере двухсот, на
субъектов среднего предпринимательства – в размере трехсот, на субъектов крупного
предпринимательства – в размере четырехсот месячных расчетных показателей.
3. Невыполнение или ненадлежащее выполнение законных требований или
предписаний, представлений, постановлений, выданных органами государственного
контроля и надзора (должностных лиц), должностными лицами государственных органов в
пределах их компетенции, за исключением случаев, предусмотренных статьями 162, 227
настоящего Кодекса, –
влечет штраф на физических лиц в размере пяти, на должностных лиц – в размере
пятнадцати, на субъектов малого предпринимательства или некоммерческие организации
– в размере ста, на субъектов среднего предпринимательства – в размере двухсот, на
субъектов крупного предпринимательства – в размере пятисот месячных расчетных
показателей, с приостановлением действия разрешения на определенный вид
деятельности либо с приостановлением деятельности или отдельных видов деятельности.
4. Непредоставление либо несвоевременное предоставление проверяемыми
субъектами информации о мерах, которые будут приняты по устранению нарушений,
выявленных органами контроля и надзора, –
влечет штраф в размере двадцати месячных расчетных показателей.
5. Срыв печати (пломбы), наложенной должностным лицом уполномоченного органа,
за исключением случаев, предусмотренных частью второй статьи 625, частью
первой статьи 626 настоящего Кодекса, –
влечет штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере десяти, на субъектов
среднего предпринимательства – в размере двадцати, на субъектов крупного
предпринимательства – в размере пятидесяти месячных расчетных показателей.
Примечания.
1. Физическое лицо не подлежит привлечению к административной ответственности
в соответствии с частями первой и второй настоящей статьи за отказ от
предоставления необходимых документов, материалов статистических (за исключением
первичных статистических данных) и иных сведений, информации об оснащенности
приборами учета энергетических ресурсов, воды.
2. Юридическое лицо, за исключением государственных предприятий, товариществ
с ограниченной ответственностью, акционерных обществ, в том числе национальных
управляющих холдингов, национальных холдингов, национальных компаний, участником
или акционером которых является государство, а также дочерних, зависимых и иных
юридических лиц, являющихся аффилированными с ними, не подлежит привлечению к
административной ответственности в соответствии с частями первой и второй настоящей
статьи за отказ от предоставления необходимых документов, материалов статистических
(за исключением первичных статистических данных) и иных сведений, информации об
оснащенности приборами учета энергетических ресурсов, воды, объемах потребления и
потерях энергетических ресурсов, воды в случае, если такое лицо потребляет
энергетические ресурсы в объеме, эквивалентном менее тысячи пятисот тонн условного
топлива в год.
Статья 463. Занятие предпринимательской или иной
деятельностью, а также осуществление действий
(операций) без соответствующей регистрации,
разрешения или направления уведомления
1. Занятие предпринимательской или иной деятельностью, а также
осуществление действий (операций) без регистрации, разрешения, а равно
ненаправление уведомления в случаях, когда регистрация, разрешение, направление
уведомления обязательны, если эти действия не содержат признаков уголовно
наказуемого деяния, –
влекут штраф на физических лиц в размере пятнадцати, на должностных лиц,
субъектов малого предпринимательства – в размере двадцати пяти, на субъектов
среднего предпринимательства – в размере сорока, на субъектов крупного
предпринимательства – в размере ста пятидесяти месячных расчетных показателей, с
конфискацией предметов и (или) орудия совершения административных правонарушений
либо без таковой, а занятие предпринимательской или иной деятельностью без лицензии
дополнительно влечет конфискацию дохода (дивидендов), денег, ценных бумаг,
полученных вследствие административного правонарушения.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере тридцати, на субъектов малого
предпринимательства – в размере пятидесяти, на субъектов среднего
предпринимательства – в размере восьмидесяти, на субъектов крупного
предпринимательства – в размере пятисот месячных расчетных показателей, с
конфискацией предметов и (или) орудия совершения административного правонарушения,
а занятие предпринимательской или иной деятельностью без лицензии дополнительно
влечет конфискацию дохода (дивидендов), денег, ценных бумаг, полученных вследствие
административного правонарушения.
Примечание. Ответственность по данной статье не распространяется на
уведомление о валютной операции и регистрацию валютных операций, осуществляемое в
соответствии с Законом Республики Казахстан «О валютном регулировании и валютном
контроле», а также на уведомления, осуществляемые в соответствии с Законом
Республики Казахстан «О естественных монополиях и регулируемых рынках».
Статья 464. Нарушение норм лицензирования
1. Нарушение установленных законодательством Республики Казахстан норм
лицензирования, в том числе несоответствие квалификационным требованиям,
предъявляемым к лицензируемым видам деятельности, –
влечет штраф на физических лиц в размере пятнадцати, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
сорока пяти, на субъектов среднего предпринимательства – в размере восьмидесяти, на
субъектов крупного предпринимательства – в размере ста пятидесяти месячных
расчетных показателей, с приостановлением действия лицензии на определенный вид
деятельности или без такового.
2. Предоставление лицензиатом заведомо недостоверной информации при
получении лицензии, а равно действия (бездействие), предусмотренные частью первой
настоящей статьи, совершенные повторно в течение года после наложения
административного взыскания, а также неустранение нарушений норм лицензирования,
повлекших привлечение к административной ответственности, по истечении срока
приостановления действия лицензии –
влекут штраф на физических лиц в размере сорока, на субъектов малого
предпринимательства или некоммерческие организации – в размере ста, на субъектов
среднего предпринимательства – в размере ста пятидесяти, на субъектов крупного
предпринимательства – в размере трехсот месячных расчетных показателей, с лишением
лицензии на определенный вид деятельности.
Сноска. Статья 464 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 465. Нарушение порядка и срока выдачи разрешения
1. Нарушение срока выдачи разрешения –
влечет штраф на должностных лиц в размере пятидесяти месячных расчетных
показателей.
2. Выдача разрешения с нарушением порядка, установленного законодательством
Республики Казахстан о разрешениях и уведомлениях, а равно необоснованный отказ в
выдаче разрешения –
влекут штраф на должностных лиц в размере пятидесяти месячных расчетных
показателей.
3. Действия, предусмотренные частями первой и второй настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф на должностных лиц в размере семидесяти месячных расчетных
показателей.
Статья 466. Нарушение законодательства Республики
Казахстан о государственной регистрации
юридических лиц и учетной регистрации филиалов
и представительств
1. Осуществление деятельности без перерегистрации юридического лица, его
филиалов и представительств в случаях, предусмотренных законодательством, –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере десяти, на субъектов среднего предпринимательства – в размере
двадцати, на субъектов крупного предпринимательства – в размере сорока месячных
расчетных показателей.
2. Несвоевременное извещение регистрирующего органа об изменении места
нахождения юридического лица –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере пяти, на субъектов среднего предпринимательства – в размере
десяти, на субъектов крупного предпринимательства – в размере тридцати месячных
расчетных показателей.
Статья 467. Невозвращение лицензии и (или) приложения к
лицензии лицензиару
Невозвращение лицензии и (или) приложения к лицензии лицензиатом лицензиару в
течение десяти рабочих дней со дня прекращения действия лицензии и (или) приложения
к лицензии –
влечет штраф на физических лиц в размере десяти, на должностных лиц – в
размере двадцати, на юридических лиц – в размере двухсот месячных расчетных
показателей.
Статья 468. Нарушение законодательства Республики
Казахстан о национальных реестрах
идентификационных номеров
1. Разглашение сведений, содержащихся в национальных реестрах
идентификационных номеров, не подлежащих разглашению, а равно неисполнение либо
ненадлежащее исполнение обязанностей, установленных законодательством Республики
Казахстан о национальных реестрах идентификационных номеров, совершенные:
уполномоченным органом в виде:
1) неформирования идентификационного номера в течение одного рабочего дня с
момента обращения регистрирующих органов;
2) непредоставления информации регистрирующим государственным органам и иным
государственным учреждениям не позднее двух рабочих дней с момента их обращений;
регистрирующим органом в виде:
1) несвоевременного представления сведений в уполномоченный орган для
формирования идентификационного номера в течение одного рабочего дня с момента
поступления таких сведений;
2) непредставления сведений уполномоченному органу для пополнения и
поддержания актуального состояния данных информационных систем национальных
реестров идентификационных номеров в течение одного рабочего дня с момента
поступления таких сведений;
3) непредставления сведений уполномоченному органу для исключения или
условного исключения идентификационных номеров из национальных реестров
идентификационных номеров в течение одного рабочего дня с момента поступления таких
сведений;
государственными органами и иными государственными учреждениями в виде:
1) непредставления сведений, установленных Правительством Республики
Казахстан, уполномоченному органу для пополнения и поддержания актуального
состояния данных информационных систем национальных реестров идентификационных
номеров в течение одного рабочего дня с момента поступления таких сведений;
2) непредставления сведений уполномоченному органу для исключения или
условного исключения идентификационных номеров из национальных реестров
идентификационных номеров в течение одного рабочего дня с момента поступления таких
сведений;
3) неучитывания идентификационного номера при выдаче документов
регистрационного, разрешительного и иного характера в соответствии с
законодательством Республики Казахстан;
банками и организациями, осуществляющими отдельные виды банковских операций в
виде:
неучитывания идентификационного номера, а также неконтролирования
правильности указания в соответствии с алгоритмом формирования идентификационного
номера, установленным законодательством Республики Казахстан, –
влекут штраф на должностных лиц в размере двадцати месячных расчетных
показателей.
2. Деяния, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на должностных лиц в размере тридцати месячных расчетных
показателей.
Статья 469. Нарушение требований, предъявляемых к
деятельности по монтажу, наладке и
техническому обслуживанию средств охранной
сигнализации
1. Нарушение физическими или юридическими лицами требований,
предъявляемых Законом Республики Казахстан «Об охранной деятельности» к
деятельности по монтажу, наладке и техническому обслуживанию средств охранной
сигнализации, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере пятидесяти пяти, на субъектов среднего
предпринимательства – в размере ста, на субъектов крупного предпринимательства – в
размере ста пятидесяти месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, а равно
неустранение нарушения, предусмотренного частью первой настоящей статьи, повлекшего
привлечение к административной ответственности, –
влекут штраф на физических лиц в размере сорока, на субъектов малого
предпринимательства – в размере девяноста пяти, на субъектов среднего
предпринимательства – в размере ста пятидесяти, на субъектов крупного
предпринимательства – в размере трехсот месячных расчетных показателей с
запрещением деятельности.
Статья 470. Нарушение законодательства Республики
Казахстан в области охранной деятельности
1. Нарушение законодательства Республики Казахстан в области охранной
деятельности, совершенное в виде:
1) неисполнения и (или) ненадлежащего исполнения требований по обеспечению
инженерно-технической укрепленности объектов, подлежащих государственной охране,
утвержденных Правительством Республики Казахстан;
2) предоставления иностранным юридическим лицам, юридическим лицам с
иностранным участием, иностранцам, а также лицам без гражданства права осуществлять
все виды охранной деятельности; учреждать или быть учредителями (участниками)
частных охранных организаций; иметь в доверительном управлении частную охранную
организацию;
3) принятия на должность охранника частной охранной организации лиц, не
соответствующих требованиям пункта 6 статьи 10 Закона Республики Казахстан «Об
охранной деятельности»;
4) невыполнения требований по обеспечению охранника при исполнении им своих
должностных обязанностей документом установленного образца, удостоверяющим его
личность и принадлежность к частной охранной организации, и специальной одеждой;
5) несоблюдения ограничений, предусмотренных статьей 17-1 Закона Республики
Казахстан «Об охранной деятельности»;
6) осуществления деятельности по подготовке и повышению квалификации
работников, занимающих должность руководителя и охранника в частной охранной
организации с нарушением требований, установленных законодательством Республики
Казахстан, –
влечет штраф на должностных лиц, субъектов малого предпринимательства в
размере пятидесяти, на субъектов среднего предпринимательства – в размере ста, на
субъектов крупного предпринимательства – в размере ста двадцати месячных расчетных
показателей.
2. Действия (бездействие), предусмотренные частью первой настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, а
равно неустранение нарушения, предусмотренного частью первой настоящей статьи,
повлекшего привлечение к административной ответственности, –
влекут штраф на должностных лиц, субъектов малого предпринимательства – в
размере восьмидесяти, на субъектов среднего предпринимательства в размере ста
тридцати, на субъектов крупного предпринимательства – в размере ста пятидесяти
месячных расчетных показателей, с запрещением деятельности либо без такового.
Статья 471. Невыполнение местными исполнительными
органами и иными уполномоченными
государственными органами обязанностей,
установленных налоговым законодательством
Республики Казахстан
1. Неперечисление, несвоевременное или неполное перечисление местными
исполнительными органами или уполномоченными государственными органами сумм налогов
и других обязательных платежей в бюджет, подлежащих перечислению в бюджет в
соответствии с налоговым законодательством Республики Казахстан органами,
указанными в настоящей части, –
влекут штраф на должностных лиц в размере тридцати месячных расчетных
показателей.
2. Непредставление, несвоевременное, недостоверное или неполное
представление местными исполнительными органами и иными уполномоченными
государственными органами сведений, определенных налоговым законодательством
Республики Казахстан для представления органам государственных доходов, –
влекут штраф на должностных лиц в размере тридцати месячных расчетных
показателей.
3. Невыполнение уполномоченными государственными и местными исполнительными
органами требований по устранению нарушений, выявленных по результатам налогового
контроля и указанных в акте контроля, -
влечет штраф на должностных лиц в размере тридцати месячных расчетных
показателей.
4. Действия (бездействие), предусмотренные частями первой, второй настоящей
статьи, совершенные повторно в течение года после наложения административного
взыскания, –
влекут штраф на должностных лиц в размере шестидесяти месячных расчетных
показателей.
Сноска. Статья 471 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 472. Нарушение правил учета и дальнейшего
использования имущества, поступившего в
собственность государства по отдельным
основаниям, в случаях, предусмотренных
законодательными актами
1. Неполная и (или) несвоевременная передача в уполномоченный орган
имущества, поступившего в собственность государства по отдельным основаниям, если
эти деяния не имеют признаков уголовно наказуемого деяния, а именно:
1) конфискованного на основании судебных актов в доход государства;
2) вещественных доказательств на основании судебных актов, обращенных в доход
государства;
3) кладов, содержащих вещи, относящиеся к памятникам истории и культуры;
4) подарков, поступивших лицу, уполномоченному на выполнение государственных
функций, или лицу, приравненному к нему, а также членам их семей, и подлежащих
безвозмездной сдаче в специальный государственный фонд;
5) перешедшего в республиканскую собственность в иных случаях,
предусмотренных законодательными актами, в том числе товары и транспортные
средства, оформленные в таможенном режиме отказа в пользу государства;
6) признанного в установленном порядке бесхозяйным;
7) перешедшего по праву наследования к государству, в том числе выморочное
наследство;
8) находок;
9) безнадзорных животных, –
влечет штраф на физических лиц в размере восьми, на должностных лиц – в
размере пятнадцати, на юридических лиц – в размере сорока пяти месячных расчетных
показателей.
2. Несоблюдение порядка учета, хранения, оценки и реализации имущества,
поступившего в собственность государства по отдельным основаниям, совершенное в
виде:
1) необеспечения сохранности документов, удостоверяющих возникновение права
собственности государства;
2) выбора организатора аукциона не путем государственных закупок услуг по
организации и проведению аукционов;
3) неуничтожения имущества, не реализованного по минимальной цене;
4) несвоевременного перечисления в государственный бюджет сумм от реализации
такого имущества, –
влечет штраф на должностных лиц в размере пятнадцати, на юридических лиц – в
размере сорока пяти месячных расчетных показателей.
Статья 473. Разглашение сведений, составляющих налоговую
тайну
Разглашение сведений, составляющих налоговую тайну, без профессиональной или
служебной необходимости лицами, которым стало известно о таких сведениях в порядке,
установленном налоговым законодательством Республики Казахстан, –
влечет штраф в размере сорока месячных расчетных показателей.
Статья 474. Осуществление органами (организациями),
уполномоченными государством, определенных
действий без взимания налогов и других
обязательных платежей в бюджет, а равно без
получения документов, подтверждающих такую
уплату
1. Осуществление органами (организациями), уполномоченными государством,
юридически значимых действий, предусмотренных законодательством Республики
Казахстан, без взимания налогов и других обязательных платежей в бюджет –
влечет штраф на должностных лиц в размере тридцати месячных расчетных
показателей.
2. Осуществление органами (организациями), уполномоченными государством,
юридически значимых действий, предусмотренных законодательством Республики
Казахстан, без получения документа, подтверждающего уплату налогов и других
обязательных платежей в бюджет, в случаях, когда получение подтверждающего
документа предусмотрено законодательными актами, –
влечет штраф на должностных лиц в размере тридцати месячных расчетных
показателей.
3. Действия, предусмотренные частями первой и второй настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф на должностных лиц в размере семидесяти месячных расчетных
показателей.
Статья 475. Отказ в постановке на налоговый учет или
нарушение сроков постановки на налоговый учет
1. Отказ в постановке налогоплательщика на регистрационный учет или на учет
налогоплательщика в качестве плательщика налога на добавленную стоимость, а равно
нарушение должностным лицом органа государственных доходов установленных
налоговым законодательством сроков такой регистрации (учета) –
влекут штраф в размере двадцати месячных расчетных показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф в размере сорока месячных расчетных показателей.
Статья 476. Нарушение режима чрезвычайного положения
Нарушение режима или невыполнение требований, установленных государственным
органом в связи с объявлением чрезвычайного положения, а также неисполнение
законных приказов и распоряжений коменданта местности, если эти действия
(бездействие) не содержат признаков уголовно наказуемого деяния, в части:
1) особого режима въезда и выезда;
2) запрещения для определенных физических лиц покидать на установленный срок
определенную местность, свою квартиру (доо( �
3) запрещения на проведение собраний, митингов, шествий и демонстраций, а
также зрелищных, спортивных и других массовых мероприятий;
4) запрещения на проведение забастовок;
5) ограничения или запрещения на торговлю оружием, сильнодействующими
химическими и ядовитыми веществами, а также алкогольными напитками и
спиртосодержащими веществами;
6) карантина и проведения других обязательных санитарно-противоэпидемических
мероприятий;
7) ограничения или запрещения использования множительной техники, а также
радио– и телепередающей аппаратуры, аудио– и видеозаписывающей техники; предписаний
об изъятии звукоусиливающих технических средств; мер по обеспечению контроля за
средствами массовой информации;
8) особых правил пользования связью;
9) ограничения движения транспортных средств и проведения их досмотра;
10) запрещения нахождения физических лиц во время комендантского часа без
специально выданных пропусков и документов, удостоверяющих их личность, на улицах
или в иных общественных местах либо пребывания вне своего жилища без документов,
удостоверяющих личность, –
влекут предупреждение или штраф в размере десяти месячных расчетных
показателей либо административный арест на срок до пятнадцати суток.
Статья 477. Нарушение правового режима в зоне проведения
антитеррористической операции
Нарушение правового режима или невыполнение требований, установленных в связи
с объявлением антитеррористической операции, в части:
1) особого режима въезда и выезда;
2) запрещения нахождения физических лиц на отдельных участках местности и
объектах, а также воспрепятствования отбуксировки транспортных средств;
3) воспрепятствования проверке документов, удостоверяющих личность физических
лиц, проведению личного досмотра и досмотра вещей, находящихся при физическом лице,
досмотра транспортных средств;
4) особых правил пользования связью;
5) воспрепятствования изъятию транспортных средств для доставления лиц,
нуждающихся в срочной медицинской помощи, в лечебные учреждения, проезда к месту
совершения акта терроризма, а также для преследования и задержания лиц,
подозреваемых в совершении акта терроризма, если промедление может создать реальную
угрозу жизни или здоровью людей;
6) приостановления деятельности опасных производственных объектов;
7) воспрепятствования временному отселению физических лиц, проживающих в
пределах территории, на которой введен правовой режим антитеррористической
операции;
8) введения карантина, проведения санитарно-противоэпидемических,
ветеринарных мероприятий и мероприятий по карантину растений;
9) воспрепятствования проникновению в жилые и иные помещения, находящиеся в
собственности или во владении и в пользовании физических и юридических лиц, и на
земельные участки, принадлежащие им на праве частной собственности или праве
землепользования;
10) ограничения или запрещения на торговлю оружием, боеприпасами, взрывчатыми
веществами, сильнодействующими химическими и ядовитыми веществами, установления
особого режима оборота лекарственных средств, наркотических средств, психотропных
веществ и прекурсоров, этилового спирта и алкогольной продукции –
влечет штраф на физических лиц в размере двадцати месячных расчетных
показателей либо административный арест на срок до пятнадцати суток, на субъектов
малого предпринимательства или некоммерческие организации – в размере восьмидесяти
пяти, на субъектов среднего предпринимательства – в размере ста пятидесяти, на
субъектов крупного предпринимательства – в размере двухсот пятидесяти месячных
расчетных показателей, с приостановлением деятельности опасных производственных
объектов.
Статья 478. Действия, провоцирующие нарушение
правопорядка в условиях чрезвычайного
положения
Действия, провоцирующие нарушение правопорядка или разжигающие национальную и
религиозную рознь, активное воспрепятствование осуществлению физическими лицами и
должностными лицами их законных прав и обязанностей, а равно злостное неповиновение
законному распоряжению или требованию сотрудника органов внутренних дел,
национальной безопасности, военнослужащего, представителей власти или
общественности, выполняющих служебные обязанности или общественный долг по охране
общественного порядка, либо действия, нарушающие общественный порядок и спокойствие
физических лиц, а также нарушение законодательства об административном надзоре,
совершенные в местности, где объявлено чрезвычайное положение, –
влекут штраф в размере сорока месячных расчетных показателей либо
административный арест на срок до тридцати суток.
Статья 479. Несообщение о принятых мерах по устранению
причин и условий, способствовавших совершению
правонарушения
Несообщение руководителем организации и другими лицами о принятых мерах по
устранению причин и условий, способствующих совершению преступлений или
административных правонарушений, по представлениям органов (должностных лиц),
рассматривавших дело, –
влечет штраф в размере десяти месячных расчетных показателей.
Статья 480. Нарушение законодательства Республики
Казахстан об административном надзоре
1. Невыполнение лицом, освобожденным из мест лишения свободы, правил
административного надзора или установленных в отношении него судом ограничений, –
влечет предупреждение или штраф в размере десяти месячных расчетных
показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф в размере двадцати месячных расчетных показателей или
административный арест до пятнадцати суток.
Статья 481. Передача лицам, содержащимся в учреждениях
уголовно-исполнительной системы, специальных
учреждениях, запрещенных веществ, изделий и
предметов
1. Скрытая от досмотра передача или попытка передачи любым способом лицам,
содержащимся в учреждениях уголовно-исполнительной системы, специальных
учреждениях, алкогольных напитков, лекарственных и других веществ, обладающих
одурманивающим действием, денег, продуктов питания, изделий и других предметов,
запрещенных к хранению и использованию в этих учреждениях, –
влечет предупреждение или штраф в размере десяти месячных расчетных
показателей, с конфискацией предмета, явившегося орудием либо предметом совершения
административного правонарушения.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф в размере двадцати месячных расчетных показателей либо
административный арест на срок до тридцати суток, с конфискацией предмета,
явившегося орудием либо предметом совершения административного правонарушения.
Статья 482. Незаконные приобретение, передача,
реализация, хранение, ношение, перевозка
физическими и юридическими лицами оружия
1. Незаконные приобретение, передача, реализация, хранение, ношение,
перевозка не зарегистрированного в органах внутренних дел гладкоствольного,
газового оружия и патронов к нему, а равно электрического, пневматического оружия с
дульной энергией свыше 7,5 Джоуль, калибром более 4,5 миллиметра, –
влекут штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере двадцати пяти, на
субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного
предпринимательства – в размере сорока месячных расчетных показателей, с
конфискацией оружия.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере тридцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере тридцати пяти, на
субъектов среднего предпринимательства – в размере сорока, на субъектов крупного
предпринимательства – в размере пятидесяти месячных расчетных показателей, с
конфискацией оружия.
Примечание. Лицо, добровольно сдавшее незаконно хранящееся оружие,
освобождается от административной ответственности, если в его действиях не
содержится состав иного правонарушения.
Статья 483. Нарушение порядка хранения, учета,
использования, перевозки, торговли,
уничтожения, ввоза, вывоза гражданских
пиротехнических веществ и изделий с их
применением
1. Нарушение порядка хранения, учета, использования, перевозки, торговли,
уничтожения, ввоза, вывоза гражданских пиротехнических веществ и изделий с их
применением лицами, имеющими лицензии на право деятельности в сфере оборота
гражданских пиротехнических веществ и изделий с их применением, –
влечет штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере десяти, на субъектов
среднего предпринимательства – в размере пятнадцати, на субъектов крупного
предпринимательства – в размере сорока пяти месячных расчетных показателей, с
конфискацией гражданских пиротехнических веществ и изделий с их применением.
2. Реализация гражданских пиротехнических изделий 4 класса опасности вне мест
их хранения и (или) лицам, не имеющим лицензию на приобретение гражданских
пиротехнических изделий 4 класса опасности, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере двадцати, на
субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного
предпринимательства – в размере семидесяти месячных расчетных показателей, с
конфискацией гражданских пиротехнических веществ и изделий с их применением.
3. Действия, предусмотренные частями первой и второй настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере сорока, на субъектов
среднего предпринимательства – в размере шестидесяти, на субъектов крупного
предпринимательства – в размере ста месячных расчетных показателей, с конфискацией
гражданских пиротехнических веществ и изделий с их применением.
Статья 484. Нарушение правил приобретения, хранения,
использования или перевозки гражданского,
служебного оружия, патронов к нему
1. Нарушение правил приобретения, хранения, использования или
перевозки гражданского оружия, патронов к нему физическими лицами, имеющими
разрешение органов внутренних дел на хранение, ношение оружия, –
влечет штраф в размере пяти месячных расчетных показателей.
2. Нарушение правил приобретения, хранения или перевозки служебного оружия,
патронов к нему работниками организаций, ответственными за их сохранность, а равно
использование ими служебного оружия и патронов к нему не по назначению –
влекут штраф в размере пятнадцати месячных расчетных показателей.
Статья 485. Неправомерное применение газового оружия
1. Неправомерное применение газового оружия –
влечет штраф в размере десяти месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере пятнадцати месячных расчетных показателей с
конфискацией оружия или без таковой.
Статья 486. Нарушение порядка регистрации
(перерегистрации) гражданского и служебного
оружия либо порядка постановки его на учет
1. Нарушение порядка регистрации (перерегистрации) гражданского и служебного
оружия либо правил постановки его на учет, выразившееся в нарушении сроков:
1) регистрации и получения физическим лицом разрешения на хранение и (или)
ношение оружия после его приобретения;
2) обращения физического лица в орган внутренних дел о продлении разрешения
на хранение и (или) ношение гражданского оружия;
3) уведомления владельцем оружия органа внутренних дел об утрате или хищении
принадлежащего ему оружия;
4) обращения физического лица в органы внутренних дел для постановки оружия
на учет при изменении места жительства;
5) регистрации в органах внутренних дел юридическим лицом служебного и (или)
гражданского оружия после его приобретения, –
влечет штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере десяти, на субъектов
среднего предпринимательства – в размере двадцати, на субъектов крупного
предпринимательства – в размере сорока месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере пятнадцати, на
субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного
предпринимательства – в размере семидесяти месячных расчетных показателей.
Статья 487. Уклонение от сдачи для реализации
гражданского оружия, патронов к нему
Уклонение от сдачи для реализации гражданского оружия, патронов к нему
физическими лицами, у которых аннулировано разрешение на их хранение и ношение, –
влечет штраф в размере пяти месячных расчетных показателей.
Статья 488. Нарушение законодательства Республики
Казахстан о порядке организации и проведения
мирных собраний, митингов, шествий, пикетов и
демонстраций
1. Нарушение законодательства Республики Казахстан о порядке организации или
проведения собрания, митинга, шествия, пикетов, демонстрации либо иного публичного
мероприятия либо воспрепятствование их организации или проведению, а равно участие
в незаконных собраниях, митингах, шествиях, демонстрациях либо ином публичном
мероприятии, если эти действия не имеют признаков уголовно наказуемого деяния, –
влекут предупреждение или штраф на физических лиц в размере двадцати месячных
расчетных показателей, на должностных лиц – штраф в размере пятидесяти месячных
расчетных показателей либо арест на срок до десяти суток.
2. Предоставление руководителями и другими должностными лицами организаций
участникам несанкционированного собрания, митинга, пикетирования, демонстрации или
иного публичного мероприятия помещения либо иного имущества (средств связи,
множительной техники, оборудования, транспорта) или создание иных условий для
организации и проведения таких мероприятий -
влечет штраф в размере двадцати месячных расчетных показателей.
3. Действия, предусмотренные частями первой и второй настоящей статьи,
совершенные повторно в течение года после применения мер административного
взыскания либо организатором собрания, митинга, шествия, демонстрации, –
влекут штраф в размере пятидесяти месячных расчетных показателей либо
административный арест на срок до пятнадцати суток.
Статья 489. Нарушение законодательства Республики
Казахстан об общественных объединениях, а
также руководство, участие в деятельности
незарегистрированных в установленном
законодательством Республики Казахстан
порядке общественных, религиозных
объединений, финансирование их деятельности
1. Совершение руководителями, членами общественного объединения либо
общественным объединением действий, выходящих за пределы целей и задач,
определенных уставами этих общественных объединений, –
влечет предупреждение или штраф на юридических лиц в размере ста месячных
расчетных показателей.
2. Совершение руководителями, членами общественного объединения либо
общественным объединением действий, нарушающих законодательство Республики
Казахстан, –
влечет предупреждение или штраф на юридических лиц в размере ста месячных
расчетных показателей с приостановлением деятельности общественного объединения на
срок от трех до шести месяцев.
3. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на юридических лиц в размере ста пятидесяти месячных расчетных
показателей с приостановлением деятельности общественного объединения на срок от
трех до шести месяцев.
4. Действие, предусмотренное частью второй настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, а равно
неустранение нарушений, предусмотренных частью третьей настоящей статьи, –
влекут штраф на юридических лиц в размере двухсот месячных расчетных
показателей с запрещением деятельности общественного объединения.
5. Финансирование политических партий иностранными юридическими лицами и
международными организациями, юридическими лицами с иностранным участием,
государственными органами и организациями, благотворительными организациями –
влечет штраф на должностных лиц в размере четырехсот, на юридических лиц – в
размере двух тысяч месячных расчетных показателей, с конфискацией незаконных
пожертвований.
6. Принятие политической партией незаконных пожертвований –
влечет штраф в размере четырехсот месячных расчетных показателей с
конфискацией незаконных пожертвований и запрещением деятельности политической
партии.
7. Неопубликование годовой отчетности о финансовой деятельности политической
партии в сроки и объеме, установленные законодательством Республики Казахстан, –
влечет штраф в размере двухсот месячных расчетных показателей с
приостановлением деятельности политической партии на срок до шести месяцев.
8. Осуществление деятельности политической партии, ее структурных
подразделений (филиалов и представительств) без перерегистрации в случаях,
предусмотренных законодательством Республики Казахстан, –
влечет штраф в размере двухсот месячных расчетных показателей с запрещением
деятельности политической партии.
9. Руководство деятельностью не зарегистрированных в установленном
законодательством Республики Казахстан порядке общественных, религиозных
объединений, а равно деятельность которых приостановлена или запрещена, –
влечет штраф в размере ста месячных расчетных показателей.
10. Участие в деятельности не зарегистрированных в установленном
законодательством Республики Казахстан порядке общественных, религиозных
объединений, а равно деятельность которых приостановлена или запрещена, -
влечет штраф в размере пятидесяти месячных расчетных показателей.
11. Финансирование деятельности незарегистрированных в установленном
законодательством Республики Казахстан порядке общественных, религиозных
объединений, а равно деятельность которых приостановлена или запрещена, –
влечет штраф в размере двухсот месячных расчетных показателей.
Статья 490. Нарушение законодательства Республики
Казахстан о религиозной деятельности и
религиозных объединениях
1. Нарушение установленных законодательством Республики Казахстан требований
к:
1) проведению религиозных обрядов, церемоний и (или) собраний;
2) осуществлению благотворительной деятельности;
3) ввозу, выпуску, изданию и (или) распространению религиозной литературы и
иных материалов религиозного содержания, предметов религиозного назначения;
4) строительству культовых зданий (сооружений), перепрофилированию (изменению
функционального назначения) зданий (сооружений) в культовые здания (сооружения), –
влечет штраф на физических лиц в размере пятидесяти, на юридических лиц – в
размере двухсот месячных расчетных показателей с приостановлением деятельности
сроком на три месяца.
2. Воспрепятствование законной религиозной деятельности, а равно нарушение
гражданских прав физических лиц по мотивам отношения к религии или оскорбление их
религиозных чувств либо осквернение почитаемых последователями той или иной религии
предметов, строений и мест, если все вышеизложенные действия не содержат признаков
уголовно наказуемого деяния, –
влекут штраф на физических лиц в размере пятидесяти, на должностных лиц – в
размере ста, на юридических лиц – в размере двухсот месячных расчетных показателей.
3. Осуществление миссионерской деятельности без регистрации
(перерегистрации), а равно использование миссионерами религиозной литературы,
информационных материалов религиозного содержания и предметов религиозного
назначения без положительного заключения религиоведческой экспертизы,
распространение вероучения незарегистрированных в Республике Казахстан религиозных
объединений –
влекут штраф на граждан Республики Казахстан в размере ста месячных расчетных
показателей, на иностранцев и лиц без гражданства – в размере ста месячных
расчетных показателей с административным выдворением за пределы Республики
Казахстан.
4. Осуществление религиозным объединением деятельности, не предусмотренной
его уставом, –
влечет штраф в размере трехсот месячных расчетных показателей с
приостановлением деятельности сроком на три месяца.
5. Занятие религиозным объединением политической деятельностью, а равно
участие в деятельности политических партий и (или) оказание им финансовой
поддержки, вмешательство в деятельность государственных органов либо присвоение
функций государственных органов или их должностных лиц членами религиозных
объединений –
влекут штраф в размере трехсот месячных расчетных показателей с
приостановлением деятельности сроком на три месяца.
6. Создание организационных структур религиозных объединений в
государственных органах, организациях, учреждениях, в том числе организациях
здравоохранения и образования, –
влечет штраф на должностных лиц в размере ста, на юридических лиц – в размере
двухсот месячных расчетных показателей.
7. Руководство религиозным объединением лицом, назначенным иностранным
религиозным центром без согласования с уполномоченным органом, а равно непринятие
руководителем религиозного объединения мер к недопущению вовлечения и (или) участия
несовершеннолетних в деятельности религиозного объединения при возражении одного из
родителей несовершеннолетнего или иных его законных представителей –
влекут штраф в размере пятидесяти месячных расчетных показателей с
административным выдворением за пределы Республики.
8. Действия (бездействие), предусмотренные частями первой, второй, третьей,
четвертой, пятой и седьмой настоящей статьи, совершенные повторно в течение года
после наложения административного взыскания, –
влекут штраф на физических лиц в размере двухсот, на должностных лиц в
размере трехсот, на юридических лиц – в размере пятисот месячных расчетных
показателей с запрещением их деятельности.
Статья 491. Нарушение правил записи актов гражданского
состояния
Сокрытие обстоятельств, препятствующих вступлению в брак, или сообщение
ложных сведений органам записи актов гражданского состояния –
влечет штраф в размере пяти месячных расчетных показателей.
Статья 492. Проживание в Республике Казахстан без
регистрации либо без документов,
удостоверяющих личность
1. Проживание граждан Республики Казахстан без удостоверения личности или по
недействительному удостоверению личности либо без регистрации по месту жительства
сроком от десяти календарных дней до трех месяцев –
влечет предупреждение.
2. Проживание граждан Республики Казахстан без удостоверения личности или по
недействительному удостоверению личности либо без регистрации по месту жительства
сроком свыше трех месяцев –
влечет штраф в размере пяти месячных расчетных показателей.
3. Деяние, предусмотренное частями первой и второй настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф в размере десяти месячных расчетных показателей.
4. Постоянное проживание в Республике Казахстан иностранца или лица без
гражданства без регистрации по постоянному месту жительства, либо без вида на
жительство или без удостоверения лица без гражданства либо по недействительному
виду на жительство, удостоверению лица без гражданства сроком свыше десяти
календарных дней, а также несвоевременное извещение органов внутренних дел об утере
паспорта, вида на жительства либо удостоверения лица без гражданства –
влекут штраф в размере пяти месячных расчетных показателей.
5. Деяния, предусмотренные частью четвертой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф в размере пятнадцати месячных расчетных показателей.
Статья 493. Допущение собственником жилища или другими
лицами, в ведении которых находятся жилища,
здания и (или) помещения, регистрации
физических лиц, которые фактически у них не
проживают
1. Допущение собственником жилища или другими лицами, в ведении которых
находятся жилища, здания и (или) помещения, регистрации физических лиц, которые
фактически не проживают в жилищах, зданиях и (или) помещениях, принадлежащих
собственнику или находящихся в ведении других лиц, –
влечет штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере десяти, на субъектов
среднего предпринимательства – в размере пятнадцати, на субъектов крупного
предпринимательства – в размере двадцати месячных расчетных показателей.
2. Деяние, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере двадцати, на
субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов
крупного предпринимательства – в размере тридцати месячных расчетных показателей.
3. Непринятие мер собственником жилища или другими лицами, в ведении которых
находятся жилища, здания и (или) помещения, по снятию с регистрации физических лиц,
зарегистрированных и не проживающих в жилищах, зданиях и (или) помещениях,
принадлежащих собственнику или находящихся в ведении других лиц, –
влечет штраф на физических лиц в размере трех, на субъектов малого
предпринимательства или некоммерческие организации – в размере десяти, на субъектов
среднего предпринимательства – в размере двадцати, на субъектов крупного
предпринимательства – в размере сорока месячных расчетных показателей.
4. Деяние, предусмотренное частью третьей настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере двадцати, на
субъектов среднего предпринимательства – в размере сорока, на субъектов крупного
предпринимательства – в размере восьмидесяти месячных расчетных показателей.
Статья 494. Незаконное изъятие паспортов, удостоверений
личности или принятие их в залог
1. Незаконное изъятие у граждан паспортов, удостоверений личности или
принятие их в залог –
влечет предупреждение или штраф в размере пяти месячных расчетных
показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф в размере десяти месячных расчетных показателей.
Статья 495. Представление заведомо ложных сведений в
государственные органы Республики Казахстан
при получении документов, удостоверяющих
личность, либо при подаче заявления для
получения разрешения на постоянное проживание
в Республике Казахстан или о приеме в
гражданство Республики Казахстан либо
восстановлении в гражданстве Республики
Казахстан
1. Представление заведомо ложных сведений в государственные органы Республики
Казахстан при получении документов, удостоверяющих личность, –
влечет штраф в размере двадцати месячных расчетных показателей.
2. Представление иностранцем или лицом без гражданства заведомо ложных
сведений в государственные органы Республики Казахстан при подаче заявления для
получения разрешения на постоянное проживание в Республике Казахстан или о приеме в
гражданство Республики Казахстан либо восстановлении в гражданстве Республики
Казахстан –
влечет административное выдворение за пределы Республики Казахстан.
Статья 496. Нарушение законодательства Республики
Казахстан о гражданстве
1. Использование паспорта и (или) удостоверения личности гражданина
Республики Казахстан лицом, утратившим гражданство Республики Казахстан, –
влечет штраф на физических лиц в размере ста месячных расчетных показателей.
2. Несообщение в установленные законодательством Республики Казахстан сроки
факта приобретения иностранного гражданства –
влечет штраф в размере двухсот месячных расчетных показателей либо
административное выдворение за пределы Республики Казахстан.
3. Деяния, предусмотренные частями первой и второй настоящей статьи,
совершенные лицами, состоящими на государственной службе, а также лицами,
осуществляющими функции представителя власти либо выполняющими организационно-
распорядительные или административно-хозяйственные функции в государственных
органах, –
влекут штраф в размере трехсот месячных расчетных показателей.
Сноска. Статья 496 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 497. Нарушение порядка представления первичных
статистических данных
1. Представление недостоверных первичных статистических данных в
соответствующие органы государственной статистики –
влечет предупреждение.
2. Непредставление первичных статистических данных в соответствующие органы
государственной статистики в установленный срок –
влечет штраф на физических лиц в размере пяти, на должностных лиц, субъектов
малого предпринимательства – в размере семи, на субъектов среднего
предпринимательства – в размере десяти, на субъектов крупного предпринимательства –
в размере сорока месячных расчетных показателей.
3. Деяния, предусмотренные частями первой и второй настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере семи, на должностных лиц, субъектов
малого предпринимательства – в размере десяти, на субъектов среднего
предпринимательства – в размере двадцати, на субъектов крупного предпринимательства
– в размере пятидесяти месячных расчетных показателей.
Статья 498. Отказ, непредставление, несвоевременное
представление, сокрытие, приписки и другие
искажения данных правовой статистики и
специальных учетов
1. Отказ, непредставление в государственный орган, осуществляющий
деятельность в области правовой статистики и специальных учетов, данных правовой
статистики и специальных учетов, представление их с нарушением установленного
срока, сокрытие, приписки, другие умышленные искажения данных правовой статистики и
специальных учетов, а равно воспрепятствование в какой-либо форме получению
правовой статистической информации и сведений специальных учетов –
влекут штраф на должностных лиц в размере двадцати месячных расчетных
показателей.
2. Те же деяния, совершенные в области здравоохранения, –
влекут штраф на должностных лиц в размере двухсот месячных расчетных
показателей.
Статья 499. Нарушение порядка представления
административных данных
1. Представление должностными лицами административных источников
недостоверных административных данных уполномоченному органу в области
государственной статистики –
влечет штраф в размере десяти месячных расчетных показателей.
2. Непредставление должностными лицами административных источников
административных данных уполномоченному органу в области государственной статистики
–
влечет штраф в размере десяти месячных расчетных показателей.
3. Деяния, предусмотренные частями первой и второй настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф пятнадцати месячных расчетных показателей.
Статья 500. Отказ от проведения государственных
статистических наблюдений
Отказ должностных лиц от выполнения возложенных на них государственных
обязанностей по проведению статистических наблюдений или несвоевременное их
выполнение –
влекут предупреждение или штраф в размере десяти месячных расчетных
показателей.
Статья 501. Утрата, продажа, передача или иное незаконное
разглашение первичных статистических данных,
статистической информации и (или) баз данных
должностным лицом
Утрата, продажа, передача или иное незаконное разглашение первичных
статистических данных, статистической информации и (или) баз данных, позволяющих
идентифицировать респондента, должностным лицом органов государственной статистики,
за исключением случаев, предусмотренных статьей 8 Закона Республики Казахстан «О
государственной статистике», если эти действия не содержат признаков уголовно
наказуемого деяния, -
влекут штраф в размере двадцати пяти месячных расчетных показателей.
Статья 502. Сбор первичных статистических данных по
неутвержденной статистической форме
Сбор первичных статистических данных по неутвержденной статистической форме –
влечет предупреждение или штраф на должностных лиц в размере десяти месячных
расчетных показателей.
Статья 503. Сбор административных данных по
несогласованной форме
Сбор административных данных по несогласованной форме –
влечет предупреждение или штраф на должностных лиц в размере десяти месячных
расчетных показателей.
Статья 504. Нарушение установленных требований в сфере
защиты государственных секретов, а также в
работе со служебной информацией ограниченного
распространения
1. Нарушение установленного порядка доступа или допуска к государственным
секретам –
влечет штраф в размере двадцати месячных расчетных показателей.
2. Нарушение установленных требований по обеспечению режима секретности
лицами, допущенными к работе с государственными секретами или их носителями, если
эти действия не содержат признаков уголовно наказуемого деяния, –
влечет штраф в размере двадцати месячных расчетных показателей.
3. Необоснованное засекречивание сведений и их носителей, не подлежащих
засекречиванию, использование грифов секретности и иных ограничительных грифов для
засекречивания сведений, не отнесенных к государственным секретам, если эти
действия не содержат признаков уголовно наказуемого деяния, –
влекут штраф в размере двадцати месячных расчетных показателей.
4. Действия, указанные в части третьей настоящей статьи, совершенные в целях
сокрытия нарушения законности, –
влечет штраф в размере пятидесяти месячных расчетных показателей.
5. Необоснованное рассекречивание сведений и их носителей, составляющих
государственные секреты, нарушение сроков рассекречивания носителей, установленных
при их засекречивании, за исключением случаев, предусмотренных законодательством о
государственных секретах, если эти действия не содержат признаков уголовно
наказуемого деяния, –
влекут штраф в размере двадцати месячных расчетных показателей.
6. Нарушение установленных требований по работе со служебной информацией
ограниченного распространения лицами, допущенными к ней в связи с профессиональной
или служебной деятельностью, повлекшее разглашение или утрату этих сведений, –
влечет штраф в размере пятнадцати месячных расчетных показателей.
Статья 505. Нарушение правил благоустройства территорий
городов и населенных пунктов, а также
разрушение объектов инфраструктуры,
уничтожение и повреждение зеленых насаждений
города и населенных пунктов
1. Нарушение правил благоустройства территорий городов и населенных пунктов,
а также разрушение объектов инфраструктуры, уничтожение и повреждение зеленых
насаждений городов и населенных пунктов –
влекут предупреждение или штраф на физических лиц в размере двадцати, на
субъектов малого предпринимательства или некоммерческие организации – в размере
тридцати, на субъектов среднего предпринимательства – в размере сорока, на
субъектов крупного предпринимательства – в размере ста месячных расчетных
показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере тридцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере сорока, на субъектов
среднего предпринимательства – в размере пятидесяти, на субъектов крупного
предпринимательства – в размере трехсот месячных расчетных показателей.
Статья 506. Незаконное проникновение на охраняемые
объекты
Незаконное проникновение на объект, охраняемый в соответствии
с законодательством Республики Казахстан Службой государственной охраны, органами и
подразделениями Комитета национальной безопасности, Министерства внутренних дел,
Министерства обороны, –
влечет штраф в размере пятнадцати месячных расчетных показателей либо
административный арест на срок до пятнадцати суток.
Статья 507. Воспрепятствование деятельности
участников национального превентивного
механизма
Воспрепятствование законной деятельности участников национального
превентивного механизма должностным лицом с использованием служебного положения, а
равно вмешательство в эту деятельность, совершенное должностным лицом с
использованием своего служебного положения, повлекшее существенное нарушение их
прав и законных интересов, –
влекут штраф в размере сорока месячных расчетных показателей.
Статья 508. Разглашение участниками национального
превентивного механизма сведений о частной
жизни лица, ставших известными им в ходе
превентивных посещений
Разглашение участниками национального превентивного механизма сведений о
частной жизни лица, ставших известными им в ходе превентивных посещений, без
согласия данного лица, если это действие не содержит признаков уголовно наказуемого
деяния, –
влечет штраф в размере двадцати месячных расчетных показателей.
Статья 509. Уничтожение документов Национального
архивного фонда
1. Уничтожение документов Национального архивного фонда, документов по
личному составу без согласования с уполномоченным органом либо местным
исполнительным органом области, города республиканского значения, столицы –
влечет штраф на должностных лиц, субъектов малого предпринимательства или
некоммерческие организации – в размере десяти, на субъектов среднего
предпринимательства – в размере двадцати, на субъектов крупного предпринимательства
– в размере сорока месячных расчетных показателей.
2. Деяние, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на должностных лиц, субъектов малого предпринимательства или
некоммерческие организации – в размере двадцати, на субъектов среднего
предпринимательства – в размере сорока, на субъектов крупного предпринимательства –
в размере восьмидесяти месячных расчетных показателей.
Глава 28. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ
НА УСТАНОВЛЕННЫЙ ПОРЯДОК РЕЖИМА ГОСУДАРСТВЕННОЙ
ГРАНИЦЫ РЕСПУБЛИКИ КАЗАХСТАН И ПОРЯДОК ПРЕБЫВАНИЯ
НА ТЕРРИТОРИИ РЕСПУБЛИКИ КАЗАХСТАН
Статья 510. Нарушение пограничного режима в пограничной
зоне и порядка пребывания в отдельных
местностях
1. Нарушение пограничного режима в пограничной зоне при въезде (проходе),
временном пребывании или передвижении в пограничной зоне:
1) гражданином Республики Казахстан без документов, удостоверяющих личность;
2) иностранцем или лицом без гражданства без документов, удостоверяющих
личность, и пропусков, выдаваемых органами внутренних дел;
3) иностранцем (жителем приграничных районов сопредельных государств),
въехавшим в Республику Казахстан через пункты упрощенного пропуска без документов,
удостоверяющих личность, и пропуска, выдаваемого Пограничной службой Комитета
национальной безопасности Республики Казахстан, а равно изменение маршрута при
следовании иностранцем или лицом без гражданства через пограничную зону по путям
международных железнодорожных и автомобильных сообщений к пункту пропуска с целью
выезда из Республики Казахстан –
влечет штраф в размере пяти месячных расчетных показателей.
2. Ведение хозяйственной, промысловой и иной деятельности, проведение
общественно-политических, культурных и иных мероприятий в пограничной зоне без
уведомления Пограничной службы Комитета национальной безопасности Республики
Казахстан –
влекут штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства – в размере двадцати пяти, на субъектов среднего
предпринимательства – в размере пятидесяти, на субъектов крупного
предпринимательства – в размере семидесяти пяти месячных расчетных показателей.
3. Въезд (проход), временное пребывание или передвижение иностранца или лица
без гражданства на территории Республики Казахстан, временно закрытой для посещения
иностранцами и лицами без гражданства, без разрешения Министерства иностранных дел
Республики Казахстан и органов внутренних дел –
влечет штраф в размере десяти месячных расчетных показателей.
Статья 511. Нарушение ограничений, установленных на
территории запретной зоны при арсеналах,
базах и складах Вооруженных Сил Республики
Казахстан, других войск и воинских
формирований Республики Казахстан и
запретного района при арсеналах, базах и
складах Вооруженных Сил Республики Казахстан,
других войск и воинских формирований
Республики Казахстан
1. Нахождение физических лиц на территории запретной зоны при арсеналах,
базах и складах Вооруженных Сил Республики Казахстан, других войск и воинских
формирований Республики Казахстан –
влечет штраф в размере десяти месячных расчетных показателей.
2. Строительство и проведение каких–либо работ, за исключением работ,
осуществляемых в целях обеспечения противодиверсионной и противопожарной
безопасности на территории запретной зоны при арсеналах, базах и складах
Вооруженных Сил Республики Казахстан, других войск и воинских формирований
Республики Казахстан, –
влекут штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства – в размере двадцати, на субъектов среднего предпринимательства
– в размере тридцати, на субъектов крупного предпринимательства – в размере
шестидесяти месячных расчетных показателей.
3. Стрельба из огнестрельного оружия, использование пиротехнических средств,
а также устройство стрелковых тиров, стендов и стрельбищ на территории запретного
района при арсеналах, базах и складах Вооруженных Сил Республики Казахстан, других
войск и воинских формирований Республики Казахстан –
влекут штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства – в размере двадцати, на субъектов среднего предпринимательства
– в размере тридцати, на субъектов крупного предпринимательства – в размере
шестидесяти месячных расчетных показателей.
Статья 512. Нарушение режимов территориальных вод (моря)
и внутренних вод Республики Казахстан
1. Нарушение режима в территориальных водах (море) и внутренних водах
Республики Казахстан, казахстанской части вод пограничных рек, озер и иных
водоемов, выразившееся в несоблюдении установленного порядка учета, содержания,
выхода из пунктов базирования и возвращения в пункты базирования, пребывания на
воде казахстанских маломерных самоходных и несамоходных (надводных и подводных)
судов (средств) и судов (средств) передвижения по льду, –
влечет штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства – в размере тридцати, на субъектов среднего предпринимательства
– в размере пятидесяти, на субъектов крупного предпринимательства – в размере
восьмидесяти месячных расчетных показателей.
2. Ведение в территориальных водах (море) и внутренних водах Республики
Казахстан, казахстанской части вод пограничных рек, озер и иных водоемов
промысловой, исследовательской, изыскательской или иной деятельности без разрешения
уполномоченного государственного органа с нарушением установленного
законодательством Республики Казахстан порядка –
влечет штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства – в размере тридцати, на субъектов среднего предпринимательства
– в размере пятидесяти, на субъектов крупного предпринимательства – в размере
восьмидесяти месячных расчетных показателей, с конфискацией транспортных средств и
иных предметов, являющихся непосредственными предметами совершения
административного правонарушения.
Статья 513. Нарушение режима в пунктах пропуска через
Государственную границу Республики Казахстан
1. Нарушение гражданином Республики Казахстан режима в пунктах пропуска через
Государственную границу Республики Казахстан, выразившееся в несоблюдении
установленного порядка въезда в пункты пропуска, пребывания, передвижения и выезда
из них лиц, транспортных средств, ввоза, нахождения, перемещения, вывоза грузов и
товаров, осуществления хозяйственной и иной деятельности, –
влечет штраф в размере пяти месячных расчетных показателей.
2. Те же действия, совершенные иностранцем или лицом без гражданства, –
влекут штраф в размере пяти месячных расчетных показателей с административным
выдворением за пределы Республики Казахстан.
Статья 514. Нарушение режима Государственной границы
Республики Казахстан
1. Нарушение режима Государственной границы Республики Казахстан,
выразившееся в несоблюдении установленного порядка:
1) содержания Государственной границы Республики Казахстан (за исключением
участка Государственной границы Республики Казахстан на Каспийском море);
2) пересечения Государственной границы Республики Казахстан;
3) пропуска лиц, транспортных средств, грузов и товаров через Государственную
границу Республики Казахстан;
4) въезда, временного пребывания, проживания, передвижения в пограничной
полосе и осуществления полетов над пограничной полосой;
5) ведения хозяйственной, промысловой или иной деятельности, проведения
общественно–политических, культурных или иных мероприятий на Государственной
границе и в пограничной полосе, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере пятнадцати, на субъектов среднего
предпринимательства – в размере двадцати, на субъектов крупного предпринимательства
– в размере пятидесяти месячных расчетных показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
иностранцем или лицом без гражданства, –
влекут штраф в размере двадцати месячных расчетных показателей с конфискацией
транспортных средств и иных предметов, являющихся непосредственными предметами
совершения административного правонарушения, или административный арест на срок до
десяти суток либо административное выдворение за пределы Республики Казахстан.
Статья 515. Незаконный провоз через Государственную
границу Республики Казахстан
1. Непринятие транспортной или иной организацией, осуществляющей
международную перевозку, мер по предотвращению незаконного проникновения лиц на
транспортное средство и использования его для незаконного пересечения
Государственной границы Республики Казахстан, повлекшее незаконное пересечение или
попытку незаконного пересечения Государственной границы Республики Казахстан одним
или несколькими нарушителями, –
влечет штраф в размере пятисот месячных расчетных показателей.
2. Непринятие работником транспортной или иной организации, осуществляющей
международную перевозку, входящих в его служебные обязанности мер по предотвращению
незаконного проникновения лиц на транспортное средство и использования его для
незаконного пересечения Государственной границы Республики Казахстан, повлекшее
незаконное пересечение Государственной границы Республики Казахстан, если указанное
деяние не являлось пособничеством в преступлении или попыткой незаконного
пересечения Государственной границы Республики Казахстан одним или несколькими
нарушителями, –
влечет штраф в размере двадцати пяти месячных расчетных показателей.
3. Непринятие лицом, пересекающим по частным делам Государственную границу
Республики Казахстан, мер по предотвращению использования управляемого им
транспортного средства другим лицом для незаконного пересечения Государственной
границы Республики Казахстан, повлекшее незаконное пересечение или попытку
незаконного пересечения Государственной границы Республики Казахстан одним или
несколькими нарушителями, –
влечет штраф в размере десяти месячных расчетных показателей.
Статья 516. Неповиновение законному распоряжению или
требованию военнослужащего в связи с
исполнением им обязанностей по охране
Государственной границы Республики Казахстан
1. Неповиновение законному распоряжению или требованию военнослужащего при
исполнении им обязанностей по охране Государственной границы Республики Казахстан –
влечет штраф в размере десяти месячных расчетных показателей либо
административный арест на срок до пяти суток.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
иностранцем либо лицом без гражданства, –
влекут административный арест сроком до пяти суток с административным
выдворением за пределы Республики Казахстан.
Статья 517. Нарушение иностранцем или лицом без
гражданства законодательства Республики
Казахстан в области миграции населения
1. Нарушение иностранцем или лицом без гражданства законодательства
Республики Казахстан в области миграции населения, выразившееся в пребывании в
Республике Казахстан без регистрации в органах внутренних дел сроком до трех суток
после истечения пяти календарных дней, установленных законодательством Республики
Казахстан для регистрации, –
влечет предупреждение.
2. Нарушение иностранцем или лицом без гражданства законодательства
Республики Казахстан в области миграции населения, выразившееся в пребывании в
Республике Казахстан без регистрации в органах внутренних дел свыше сроков,
предусмотренных частью первой данной статьи, либо в проживании не по адресу,
указанному при регистрации, а равно в несоблюдении правил транзитного проезда через
территорию Республики Казахстан, –
влечет штраф в размере пятнадцати месячных расчетных показателей либо
административный арест на срок до десяти суток либо административное выдворение за
пределы Республики Казахстан.
3. Нарушение иностранцем или лицом без гражданства законодательства
Республики Казахстан в области миграции населения, выразившееся в невыезде из
Республики Казахстан в течение трех суток после истечения срока, указанного в визе
либо при регистрации в миграционной карточке, –
влечет предупреждение.
4. Нарушение иностранцем или лицом без гражданства законодательства
Республики Казахстан в области миграции населения либо уклонение от выезда в
течение периода, превышающего трое суток после истечения срока, указанного в визе
либо при регистрации в миграционной карточке, –
влечет штраф в размере пятнадцати месячных расчетных показателей либо
административный арест на срок до десяти суток либо административное выдворение за
пределы Республики Казахстан.
5. Нарушение иностранцем или лицом без гражданства законодательства
Республики Казахстан в области миграции населения, выразившееся в несоответствии
осуществляемой деятельности целям, указанным в визе и (или) при регистрации в
миграционной карточке, или осуществление трудовой деятельности в Республике
Казахстан без получения разрешения на трудоустройство, когда получение такого
разрешения является необходимым условием осуществления трудовой деятельности, –
влечет штраф в размере двадцати пяти месячных расчетных показателей либо
административный арест на срок до десяти суток либо административное выдворение за
пределы Республики Казахстан.
6. Действия, предусмотренные частью первой и третьей настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф в размере пятнадцати месячных расчетных показателей либо
административное выдворение за пределы Республики Казахстан.
7. Деяния, предусмотренные частью второй, четвертой и пятой настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут административный арест до пятнадцати суток с административным
выдворением за пределы Республики Казахстан.
Статья 518. Нарушение законодательства Республики
Казахстан в области миграции населения
физическими или юридическими лицами,
принимающими иностранцев и лиц без
гражданства
1. Непринятие принимающим лицом мер по своевременной регистрации иностранцев
и лиц без гражданства либо оформлению документов на право их пребывания в
Республике Казахстан, либо их выезду из Республики Казахстан по истечении
определенного срока пребывания –
влечет штраф на физических лиц в размере пяти, на должностное лицо, на
субъектов малого предпринимательства или некоммерческие организации – в размере
десяти, на субъектов среднего предпринимательства – в размере пятнадцати, на
субъектов крупного предпринимательства – в размере двадцати расчетных показателей.
2. Предоставление жилища иностранцу или лицу без гражданства, пребывающему в
Республике Казахстан с нарушением законодательства Республики Казахстан в области
миграции населения либо уклонение от выезда из Республики Казахстан в установленные
сроки, либо несоответствие фактического места проживания адресу, указанному при
регистрации, –
влечет штраф на физических лиц в размере десяти, на должностное лицо, на
субъектов малого предпринимательства или некоммерческие организации – в размере
двадцати, на субъектов среднего предпринимательства – в размере тридцати, на
субъектов крупного предпринимательства – в размере сорока расчетных показателей.
3. Действия, предусмотренные частями первой и второй настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере пятнадцати, на должностное лицо, на
субъектов малого предпринимательства или некоммерческие организации – в размере
двадцати пяти, на субъектов среднего предпринимательства – в размере тридцати пяти,
на субъектов крупного предпринимательства – в размере сорока пяти расчетных
показателей.
4. Совершение сделок с иностранцем или лицом без гражданства, пребывающими в
Республике Казахстан с нарушением законодательства Республики Казахстан в области
миграции населения в несоответствии осуществляемой деятельности целям, указанным в
визе либо при регистрации в миграционной карточке, –
влечет штраф на физических лиц в размере десяти, на должностное лицо, на
субъектов малого предпринимательства или некоммерческие организации – в размере
двадцати, на субъектов среднего предпринимательства – в размере тридцати, на
субъектов крупного предпринимательства – в размере пятидесяти расчетных
показателей.
5. Действие, предусмотренное частью четвертой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере пятнадцати, на должностное лицо,
субъектов малого предпринимательства или некоммерческие организации – в размере
двадцати пяти, на субъектов среднего предпринимательства – в размере тридцати пяти,
на субъектов крупного предпринимательства – в размере сорока пяти расчетных
показателей.
Сноска. Статья 518 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 519. Привлечение иностранной рабочей силы и
трудовых иммигрантов с нарушением
законодательства Республики Казахстан
Сноска. Заголовок статьи 519 в редакции Закона РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
1. Привлечение работодателем иностранной рабочей силы без разрешения местного
исполнительного органа или использование труда иностранцев и лиц без гражданства,
не имеющих разрешения на трудоустройство, –
влекут штраф на физических лиц в размере тридцати, на должностных лиц – в
размере пятидесяти, на субъектов малого предпринимательства или некоммерческие
организации – в размере ста, на субъектов среднего предпринимательства – в размере
двухсот, на субъектов крупного предпринимательства – в размере одной тысячи
расчетных показателей.
2. Привлечение работодателем иностранного работника на должность (профессию
или специальность), не соответствующую должности (профессии или специальности),
указанной в разрешении местного исполнительного органа на привлечение иностранной
рабочей силы, –
влечет штраф на физических лиц в размере тридцати, на должностных лиц – в
размере пятидесяти, на субъектов малого предпринимательства или некоммерческие
организации – в размере ста, на субъектов среднего предпринимательства – в размере
двухсот, на субъектов крупного предпринимательства – в размере одной тысячи
расчетных показателей.
3. Действия, предусмотренные частями первой и второй настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере пятидесяти, на должностных лиц – в
размере ста, на субъектов малого предпринимательства или некоммерческие организации
– в размере двухсот, на субъектов среднего предпринимательства – в размере трехсот,
на субъектов крупного предпринимательства – в размере одной тысячи расчетных
показателей.
4. Исключен Законом РК от 29.12.2014 № 272-V (вводится в действие
01.01.2015).
5. Привлечение работодателем – физическим лицом к выполнению работ (оказанию
услуг) в домашнем хозяйстве трудовых иммигрантов без соответствующего разрешения,
выдаваемого органами внутренних дел, или заключение трудовых договоров по
выполнению работ (оказанию услуг) в домашнем хозяйстве одним работодателем –
физическим лицом одновременно более чем с пятью трудовыми иммигрантами -
влечет штраф в размере тридцати месячных расчетных показателей.
6. Действия, предусмотренные частью пятой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф в размере пятидесяти месячных расчетных показателей.
Сноска. Статья 519 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 520. Незаконная деятельность по трудоустройству
граждан Республики Казахстан за границей
Осуществление деятельности по трудоустройству граждан Республики Казахстан за
границей с использованием ненадлежащей рекламы либо предоставлением неполной или
недостоверной информации –
влечет штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства – в размере шестидесяти, на субъектов среднего
предпринимательства – в размере ста, на субъектов крупного предпринимательства – в
размере пятисот месячных расчетных показателей.
Глава 29. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В СФЕРЕ
ТАМОЖЕННОГО ДЕЛА
Статья 521. Нарушение режима зоны таможенного контроля
Перемещение товаров, транспортных средств и лиц, включая должностных лиц
государственных органов (кроме таможенных), через границы зоны таможенного контроля
и в ее пределах, а также осуществление в этой зоне производственной и иной
коммерческой деятельности без разрешения органа государственных доходов –
влекут штраф на физических лиц, должностных лиц в размере десяти, на
субъектов малого предпринимательства или некоммерческие организации – в размере
пятнадцати, на субъектов среднего предпринимательства – в размере двадцати, на
субъектов крупного предпринимательства – в размере двадцати пяти месячных расчетных
показателей.
Статья 522. Нарушение порядка осуществления деятельности
в сфере таможенного дела
Несоблюдение таможенным представителем, владельцами места или склада
временного хранения, свободного или таможенного склада, магазина беспошлинной
торговли условий и обязанностей осуществления такой деятельности в соответствии
с Кодексом Республики Казахстан «О таможенном деле в Республике Казахстан» либо
несоответствие помещений или территорий, предназначенных для учреждения места или
склада временного хранения, таможенного или свободного склада, магазина
беспошлинной торговли, требованиям, установленным таможенным законодательством
Таможенного союза и (или) Республики Казахстан, –
влечет штраф в размере ста месячных расчетных показателей.
Статья 523. Нарушение порядка осуществления деятельности
таможенным перевозчиком
Несоблюдение таможенным перевозчиком условий и обязанностей,
предусмотренных таможенным законодательством Таможенного союза и (или) Республики
Казахстан для осуществления такой деятельности, в том числе отсутствие либо
неисправность технического оборудования на транспортном средстве, позволяющего
органу государственных доходов определить место нахождения данного транспортного
средства, –
влечет штраф в размере ста месячных расчетных показателей.
Статья 524. Неуведомление органа государственных доходов
о прибытии товаров и транспортных средств
Неуведомление органа государственных доходов при ввозе товаров и транспортных
средств на таможенную территорию Таможенного союза о прибытии путем непредставления
документов в соответствии с таможенным законодательством Таможенного союза и (или)
Республики Казахстан –
влечет штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере десяти, на субъектов
среднего предпринимательства – в размере пятнадцати, на субъектов крупного
предпринимательства – в размере двадцати пяти месячных расчетных показателей.
Статья 525. Нарушение порядка убытия товаров и
транспортных средств
Нарушение порядка убытия товаров и (или) транспортных средств с таможенной
территории Таможенного союза без разрешения органа государственных доходов
Республики Казахстан, а также непредставление документов для убытия в соответствии
с таможенным законодательством Таможенного союза и (или) Республики Казахстан –
влекут предупреждение или штраф на физических лиц в размере пяти, на
субъектов малого предпринимательства или некоммерческие организации – в размере
десяти, на субъектов среднего предпринимательства – в размере пятнадцати, на
субъектов крупного предпринимательства – в размере двадцати пяти месячных расчетных
показателей.
Статья 526. Непринятие мер в случае аварии или действия
непреодолимой силы
Непринятие в случае аварии или действия непреодолимой силы или иных
обстоятельств мер для обеспечения сохранности товаров и транспортных средств,
несообщение в ближайший орган государственных доходов об этих обстоятельствах, о
месте нахождения таких товаров и транспортных средств либо необеспечение их
перевозки в ближайший орган государственных доходов или иное место, определенное
органом государственных доходов, –
влекут штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере пятнадцати, на
субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного
предпринимательства – в размере двадцати пяти месячных расчетных показателей.
Статья 527. Непредоставление товаров и транспортных
средств в месте доставки
Непредоставление в месте доставки товаров и транспортных средств и невручение
документов на них органу государственных доходов Республики Казахстан –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере пятнадцати, на
субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного
предпринимательства – в размере двадцати пяти месячных расчетных показателей.
Статья 528. Выдача без разрешения органа государственных
доходов Республики Казахстан, утрата или
недоставление в орган государственных доходов
Республики Казахстан товаров, транспортных
средств и документов на них
1. Выдача без разрешения органа государственных доходов Республики Казахстан,
утрата или недоставление в определенное органом государственных доходов место
доставки товаров и транспортных средств, находящихся под таможенным контролем, –
влекут штраф в размере сорока месячных расчетных показателей с конфискацией
товаров и транспортных средств, являющихся непосредственными предметами совершения
административного правонарушения.
2. Недоставление принятых для вручения органу государственных доходов
таможенных или иных документов на товары и транспортные средства, находящиеся под
таможенным контролем, –
влекут штраф в размере двадцати месячных расчетных показателей.
3. Несоблюдение установленного органом государственных доходов срока доставки
товаров, транспортных средств и документов на них –
влечет штраф в размере двадцати месячных расчетных показателей.
Статья 529. Неостановка транспортного средства
Неостановка транспортного средства, следующего через таможенную границу
Таможенного союза, а также транспортного средства, перемещаемого через таможенную
границу Таможенного союза в качестве товара, в местах, определяемых органом
государственных доходов Республики Казахстан, за исключением случаев, когда такая
неостановка вызвана технической неисправностью транспортного средства или
действиями непреодолимой силы, –
влечет штраф в размере десяти месячных расчетных показателей.
Статья 530. Отправление транспортного средства без
разрешения органа государственных доходов
Республики Казахстан
Отправление находящегося под таможенным контролем транспортного средства либо
транспортного средства, перемещаемого через таможенную границу Таможенного союза в
качестве товара, из места его стоянки без разрешения органа государственных доходов
Республики Казахстан, –
влечет штраф в размере десяти месячных расчетных показателей.
Статья 531. Нарушение порядка совершения таможенных
операций, связанных с помещением товаров под
таможенную процедуру, и таможенной очистки
товаров
Нарушение порядка совершения таможенных операций, связанных с помещением
товаров под таможенную процедуру, и таможенной очистки товаров, то есть
несоблюдение установленных таможенным законодательством Таможенного союза и (или)
Республики Казахстан требований по помещению товаров под таможенную процедуру,
месту и времени совершения таможенных операций, а также условий применения
первоочередного порядка помещения отдельных категорий товаров под таможенную
процедуру, за исключением случаев, предусмотренных другими статьями настоящей
главы, –
влечет штраф в размере двадцати пяти месячных расчетных показателей.
Статья 532. Неправомерные операции, изменение состояния,
пользование и (или) распоряжение товарами, в
отношении которых таможенная очистка не
завершена
1. Проведение операций, изменение состояния, пользование и (или) распоряжение
товарами, в отношении которых таможенная очистка не завершена, в нарушение
требований и условий, установленных таможенным законодательством Таможенного союза
и (или) Республики Казахстан, за исключением случаев, предусмотренных другими
статьями настоящей главы, –
влекут штраф в размере двадцати пяти месячных расчетных показателей с
конфискацией транспортных средств, являющихся непосредственными предметами
совершения административного правонарушения, или без таковой.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф в размере сорока месячных расчетных показателей с конфискацией
товаров и транспортных средств, являющихся непосредственными предметами совершения
административного правонарушения, или без таковой.
Статья 533. Проведение грузовых и иных операций с
товарами, находящимися под таможенным
контролем, без разрешения органа
государственных доходов
Транспортировка, погрузка, выгрузка, перегрузка, исправление повреждений
упаковки, упаковка, переупаковка или принятие для перевозки товаров и транспортных
средств, находящихся под таможенным контролем, взятие проб и образцов таких
товаров, вскрытие помещений, емкостей и других мест, где могут находиться указанные
товары и транспортные средства, либо замена транспортного средства международной
перевозки, перевозящего товары, находящиеся под таможенным контролем без разрешения
органа государственных доходов либо уведомления, –
влекут штраф в размере двадцати пяти месячных расчетных показателей.
Статья 534. Уничтожение, удаление, изменение либо замена
средств идентификации
1. Уничтожение, удаление, изменение либо замена средств идентификации,
используемых органами государственных доходов, в том числе иностранных государств,
без разрешения органа государственных доходов, или повреждение либо утрата таких
средств идентификации –
влекут штраф в размере двадцати месячных расчетных показателей.
2. Деяния, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания,
– влекут штраф в размере сорока месячных расчетных показателей.
Статья 535. Нарушение порядка таможенного декларирования
товаров
Нарушение декларантом и (или) таможенным представителем порядка таможенного
декларирования товаров, то есть несоблюдение установленных таможенным
законодательством Таможенного союза и (или) Республики Казахстан требований по
порядку заполнения таможенной декларации и таможенного декларирования, включая
предварительное, неполное, периодическое и временное таможенное декларирование
товаров, по месту таможенного декларирования товаров, за исключением случаев,
предусмотренных другими статьями настоящей главы, –
влечет штраф в размере двадцати пяти месячных расчетных показателей.
Примечание. Лицо не подлежит привлечению к административной ответственности,
предусмотренной настоящей статьей, в следующих случаях при:
1) изменении кода товаров при пересмотре решений по классификации товаров
после их выпуска в случае, когда установлен факт неверной классификации товаров
должностным лицом органа государственных доходов до выпуска товаров;
2) самостоятельном устранении нарушений, выявленных по результатам
камеральной таможенной проверки, в течение десяти рабочих дней со дня, следующего
за днем вручения проверяемому лицу уведомления об устранении нарушений по
результатам камеральной таможенной проверки;
3) самостоятельном выявлении и добровольном устранении нарушений в течение
одного года после выпуска товаров до начала проведения выездной таможенной
проверки.
Сноска. Статья 535 с изменениями, внесенными Законом РК от 29.12.2014 № 269-
V (вводится в действие с 01.01.2015).
Статья 536. Нарушение порядка осуществления деятельности
в сфере таможенного дела таможенным
представителем
1. Осуществление таможенным представителем деятельности в сфере таможенного
дела в интересах третьего лица без заключения гражданско-правового договора с
третьим лицом либо по истечении срока действия договора или после его расторжения –
влечет штраф в размере тридцати месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
таможенным представителем повторно в течение года, –
влечет штраф в размере пятидесяти месячных расчетных показателей.
Статья 537. Нарушение порядка осуществления деятельности
в сфере таможенного дела уполномоченным
экономическим оператором
Несоблюдение уполномоченным экономическим оператором
требований, предусмотренных таможенным законодательством Таможенного союза и (или)
Республики Казахстан для осуществления такой деятельности, –
влечет штраф в размере ста месячных расчетных показателей.
Статья 538. Нарушение сроков подачи таможенной
декларации, документов и сведений
Непредставление органу государственных доходов в установленные сроки
таможенной декларации, документов и сведений при таможенном декларировании товаров,
за исключением случаев, предусмотренных другими статьями настоящей главы, –
влечет штраф в размере двадцати месячных расчетных показателей.
Статья 539. Непредставление органу государственных
доходов Республики Казахстан отчетности либо
представление недостоверной отчетности и
несоблюдение порядка ведения учета
Непредставление органу государственных доходов таможенным перевозчиком,
таможенным представителем, владельцами места или склада временного хранения,
таможенного или свободного склада, магазина беспошлинной торговли, уполномоченными
экономическими операторами декларантами в порядке и сроки, которые определены
таможенным законодательством Таможенного союза и (или) Республики Казахстан,
отчетности о ввозимых, вывозимых, декларируемых, поступающих, хранящихся,
перерабатываемых, изготовляемых, приобретаемых и реализуемых товарах, находящихся
под таможенным контролем либо на территории свободных таможенных зон, либо
представление недостоверной отчетности, а равно несоблюдение порядка ведения учета
таких товаров –
влекут штраф в размере двадцати пяти месячных расчетных показателей.
Статья 540. Нарушение порядка помещения товаров на
хранение, порядка их хранения и проведения
операций с ними
Нарушение порядка помещения товаров на хранение и порядка их хранения,
установленных таможенным законодательством Таможенного союза и (или) Республики
Казахстан, сроков хранения на таможенном складе, порядка перемещения товаров с
одного склада на другой, а равно проведение операций с товарами на таможенных
складах, складах временного хранения и свободных складах –
влекут штраф в размере двадцати пяти месячных расчетных показателей.
Статья 541. Нарушение сроков временного хранения товаров
Нарушение сроков временного хранения товаров, установленных таможенным
законодательством Таможенного союза и (или) Республики Казахстан, –
влечет штраф в размере пятидесяти месячных расчетных показателей с конфискацией
товаров или без таковой.
Статья 542. Нарушение порядка переработки товаров и
замена продуктов переработки
1. Нарушение порядка переработки товаров, то есть несоблюдение установленных
таможенным законодательством требований, ограничений и условий предоставления
обязательства об условиях переработки товаров, порядка и сроков их переработки,
количества выхода продуктов переработки, проведения операций по переработке таких
товаров –
влечет штраф в размере пятидесяти месячных расчетных показателей.
2. Нарушение установленного порядка замены продуктов переработки
отечественных товаров другими товарами –
влечет штраф в размере двадцати месячных расчетных показателей.
Статья 543. Незавершение в установленные сроки таможенной
процедуры
1. Незавершение в установленные сроки таможенной процедуры, в отношении
которой установлено требование об ее завершении, –
влечет штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства – в размере двадцати, на субъектов среднего предпринимательства
– в размере тридцати, на субъектов крупного предпринимательства – в размере
пятидесяти месячных расчетных показателей, с конфискацией транспортных средств,
являющихся непосредственными предметами совершения административного
правонарушения.
2. Невывоз с таможенной территории Таможенного союза физическими лицами
временно ввезенных товаров и (или) транспортных средств в установленные сроки
временного ввоза –
влечет штраф в размере пятнадцати месячных расчетных показателей.
3. Представление органу государственных доходов Республики Казахстан
недействительных документов, документов, полученных незаконным путем, либо
документов, относящихся к другим товарам и транспортным средствам, в качестве
подтверждения обратного вывоза или ввоза либо невозможности этого по причинам
уничтожения или утраты товаров и транспортных средств вследствие аварии или
действия непреодолимой силы, естественного износа или убыли либо выбытия их из
владения в связи с неправомерными действиями органов и должностных лиц иностранного
государства –
влечет штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере двадцати, на
субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного
предпринимательства – в размере пятидесяти месячных расчетных показателей, с
конфискацией транспортных средств, являющихся непосредственными предметами
совершения административного правонарушения.
Статья 544. Неправомерные операции, изменение состояния,
пользование и (или) распоряжение товарами и
транспортными средствами, помещенными под
определенную таможенную процедуру
Проведение операций, изменение состояния, пользование и (или) распоряжение
товарами и транспортными средствами не в соответствии с их таможенной процедурой, а
равно передача права использования таможенной процедуры посредством передачи в
отношении товаров прав владения, пользования или распоряжения, если это допускается
в соответствии с таможенной процедурой, другому лицу без разрешения органа
государственных доходов, если такое решение обязательно, –
влекут штраф в размере двадцати месячных расчетных показателей с конфискацией
транспортных средств, являющихся непосредственными предметами совершения
административного правонарушения с исключением из соответствующего реестра лиц,
осуществляющих деятельность в сфере таможенного дела.
Статья 545. Несоблюдение порядка применения запретов и
ограничений при перемещении товаров и
транспортных средств через таможенную границу
Таможенного союза
Перемещение через таможенную границу Таможенного союза товаров и транспортных
средств с несоблюдением запретов и ограничений, установленных таможенным
законодательством Таможенного союза и (или) Республики Казахстан, –
влечет штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства или коммерческие организации в размере двадцати, на субъектов
среднего предпринимательства в размере тридцати, на субъектов крупного
предпринимательства в размере пятидесяти месячных расчетных показателей, с
конфискацией товаров и транспортных средств, являющихся непосредственными
предметами совершения административного правонарушения или без таковой.
Статья 546. Перемещение товаров и транспортных средств
через таможенную границу Таможенного союза
физическими лицами с нарушением порядка
перемещения товаров для личного пользования,
установленного таможенным законодательством
Таможенного союза и (или) Республики
Казахстан
Недекларирование физическими лицами по установленной форме товаров и (или)
транспортных средств для личного пользования, подлежащих таможенному
декларированию, за исключением случаев, предусмотренных статьей 547 настоящего
Кодекса, –
влечет штраф в размере десяти месячных расчетных показателей.
Статья 547. Нарушение порядка перемещения товаров в
международных почтовых отправлениях
Нарушение порядка перемещения товаров в международных почтовых отправлениях,
установленного таможенным законодательством Таможенного союза и (или) Республики
Казахстан, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере двадцати, на субъектов среднего предпринимательства
– в размере тридцати, на субъектов крупного предпринимательства – в размере
пятидесяти месячных расчетных показателей.
Статья 548. Перемещение товаров и транспортных средств
через таможенную границу Таможенного союза
помимо таможенного контроля
1. Перемещение товаров и транспортных средств через таможенную границу
Таможенного союза помимо таможенного контроля, то есть вне определенных органами
государственных доходов Республики Казахстан местах перемещения товаров через
таможенную границу Таможенного союза или вне установленного времени работы органов
государственных доходов Республики Казахстан в указанных местах, при отсутствии
признаков преступления –
влечет штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства – в размере сорока, на субъектов среднего предпринимательства –
в размере ста, на субъектов крупного предпринимательства – в размере двухсот
месячных расчетных показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере двадцати пяти, на субъектов малого
предпринимательства – в размере пятидесяти, на субъектов среднего
предпринимательства – в размере двухсот, на субъектов крупного предпринимательства
– в размере трехсот месячных расчетных показателей, с конфискацией товаров и
транспортных средств, являющихся непосредственными предметами совершения
административного правонарушения, или без таковой.
Статья 549. Сокрытие от таможенного контроля товаров,
перемещаемых через таможенную границу
Таможенного союза
Сокрытие от таможенного контроля товаров, перемещаемых либо перемещенных
через таможенную границу Таможенного союза, в том числе с использованием тайников
либо других способов, затрудняющих обнаружение товаров, или придание одним товарам
вида других –
влечет штраф в размере двадцати пяти месячных расчетных показателей с
конфискацией товаров, явившихся непосредственными объектами правонарушения, или без
таковой, а также конфискацией товаров и транспортных средств со специально
изготовленными тайниками, использованными для перемещения через таможенную границу
Таможенного союза с сокрытием товаров и предметов, являющихся непосредственными
предметами совершения административного правонарушения.
Статья 550. Перемещение товаров и транспортных средств
через таможенную границу Таможенного союза с
обманным использованием документов или
средств идентификации
Перемещение через таможенную границу Таможенного союза товаров и транспортных
средств, а также помещение товаров под таможенную процедуру таможенного транзита
или на склад временного хранения с представлением органу государственных доходов в
качестве документов, необходимых для таможенных целей, недействительных документов,
в том числе могущих послужить основанием для несоблюдения запретов и ограничений,
документов, полученных незаконным путем, документов, содержащих недостоверные
сведения, либо документов, относящихся к другим товарам и транспортным средствам, а
также использование поддельного средства идентификации либо подлинного средства
идентификации, относящегося к другим товарам и транспортным средствам, за
исключением случаев, предусмотренных статьей 555 настоящего Кодекса, –
влекут штраф в размере двадцати месячных расчетных показателей с конфискацией
товаров и транспортных средств, являющихся непосредственными предметами совершения
административного правонарушения.
Статья 551. Недекларирование или недостоверное таможенное
декларирование товаров, наличных денег,
дорожных чеков либо документарных ценных
бумаг
1. Недекларирование или недостоверное таможенное декларирование товаров,
перемещаемых либо перемещенных через таможенную границу Таможенного союза, то есть
незаявление по установленной форме либо заявление декларантом, таможенным
представителем, уполномоченным экономическим оператором в таможенной декларации и
иных документах, необходимых для таможенных целей, недостоверных сведений о
товарах, об избранной таможенной процедуре, таможенной стоимости либо стране
происхождения товаров или заявление иных недостоверных сведений, дающих основание
для освобождения от уплаты таможенных платежей, налогов, специальных,
антидемпинговых, компенсационных пошлин или занижения их размера, за исключением
случаев, предусмотренных другими статьями настоящей главы, –
влечет штраф на физических лиц в размере тридцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере пятидесяти, на
субъектов среднего предпринимательства – в размере восьмидесяти, на субъектов
крупного предпринимательства – в размере ста пятидесяти месячных расчетных
показателей.
2. Деяния, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере шестидесяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере ста, на субъектов
среднего предпринимательства – в размере ста шести десяти, на субъектов крупного
предпринимательства – в размере трехсот месячных расчетных показателей, с
конфискацией товаров и транспортных средств, являющихся непосредственными
предметами совершения административного правонарушения.
3. Недекларирование либо недостоверное декларирование физическими лицами
наличной иностранной валюты, наличной валюты Республики Казахстан, дорожных чеков
либо документарных ценных бумаг, перемещаемых через таможенную границу Таможенного
союза и подлежащих письменному декларированию, –
влечет штраф в размере десяти месячных расчетных показателей.
Примечание. Лицо не подлежит привлечению к административной ответственности,
предусмотренной настоящей статьей, в следующих случаях при:
1) изменении кода товаров при пересмотре решений по классификации товаров
после их выпуска в случае, когда установлен факт неверной классификации товаров
должностным лицом органа государственных доходов до выпуска товаров;
2) самостоятельном устранении нарушений, выявленных по результатам
камеральной таможенной проверки в течение десяти рабочих дней со дня, следующего за
днем вручения проверяемому лицу уведомления об устранении нарушений по результатам
камеральной таможенной проверки;
3) самостоятельном выявлении и добровольном устранении нарушений в течение
одного года после выпуска товаров до начала проведения выездной таможенной
проверки.
Сноска. Статья 551 с изменениями, внесенными законами РК от 29.12.2014 № 269-
V (вводится в действие с 01.01.2015); от 08.06.2015 № 317-V (вводится в действие по
истечении тридцати календарных дней после дня его первого официального
опубликования).
Статья 552. Транспортировка, хранение, приобретение,
пользование или распоряжение товарами и
транспортными средствами, ввезенными на
таможенную территорию Таможенного союза с
нарушением таможенных правил
1. Транспортировка, хранение, приобретение, пользование или распоряжение
товарами и транспортными средствами, ввезенными на таможенную территорию
Таможенного союза помимо таможенного контроля либо с сокрытием от такого контроля,
либо с обманным использованием документов или средств идентификации, либо
недекларированным или недостоверно декларированным, а равно транспортировка,
хранение и приобретение товаров и транспортных средств, в отношении которых
предоставлены таможенные льготы в части таможенных платежей и налогов, используемых
либо отчуждаемых без разрешения органа государственных доходов Республики Казахстан
в иных целях, чем те, в связи с которыми были предоставлены такие льготы, –
влекут штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере двадцати, на
субъектов среднего предпринимательства – в размере двадцати пяти, на субъектов
крупного предпринимательства – в размере тридцати пяти месячных расчетных
показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф в размере пятидесяти месячных расчетных показателей с
конфискацией товаров и транспортных средств, являющихся непосредственными
предметами совершения административного правонарушения, или без таковой.
Статья 553. Нарушение порядка пользования и (или)
распоряжения ограниченными в пользовании и
(или) распоряжении товарами, а также условно
выпущенными товарами и транспортными
средствами
Пользование и (или) распоряжение ограниченными в пользовании и (или)
распоряжении товарами, а также условно выпущенными товарами и транспортными
средствами в иных целях, чем те, которые предусмотрены таможенным законодательством
Республики Казахстан, в том числе в связи с которыми были предоставлены такие
льготы, –
влекут штраф на субъектов малого предпринимательства или некоммерческие
организации – в размере двухсот, на субъектов среднего предпринимательства – в
размере четырехсот, на субъектов крупного предпринимательства – в размере одной
тысячи месячных расчетных показателей.
Статья 554. Действия, направленные на возврат без
надлежащих оснований уплаченных таможенных
платежей и налогов, получение выплат и иных
возмещений либо их невозвращение
Представление органу государственных доходов Республики Казахстан документов,
содержащих недостоверные сведения, дающие право на возврат уплаченных таможенных
платежей, получение выплат и иных возмещений или их невозвращение либо возвращение
не в полном объеме без надлежащих оснований, если эти действия не содержат
признаков уголовно наказуемого деяния, –
влечет штраф на юридических лиц в размере до двухсот пятидесяти месячных
расчетных показателей.
Статья 555. Нарушение сроков уплаты таможенных платежей,
налогов, специальных, антидемпинговых,
компенсационных пошлин
Сноска. Заголовок статьи 555 с изменениями, внесенными Законом РК от
08.06.2015 № 317-V (вводится в действие по истечении тридцати календарных дней
после дня его первого официального опубликования).
Неуплата плательщиками, в том числе лицами, имеющими статус таможенного
представителя, уполномоченного экономического оператора, таможенных платежей,
налогов, специальных, антидемпинговых, компенсационных пошлин в установленные
сроки, а равно неуплата в случаях нарушения сроков подачи таможенной декларации при
использовании условно выпущенных товаров в иных целях, чем те, в связи с которыми
было предоставлено освобождение от уплаты таможенных сборов за основное таможенное
декларирование, таможенных пошлин, налогов, специальных, антидемпинговых,
компенсационных пошлин, а также при заявлении товаров под таможенные процедуры,
предусматривающие периодическую уплату таможенных платежей, налогов, специальных,
антидемпинговых, компенсационных пошлин, –
влекут штраф на физических лиц в размере тридцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере тридцати пяти, на
субъектов среднего предпринимательства – в размере сорока, на субъектов крупного
предпринимательства – в размере пятидесяти месячных расчетных показателей.
Сноска. Статья 555 с изменениями, внесенными Законом РК от 08.06.2015 № 317-
V (вводится в действие по истечении тридцати календарных дней после дня его первого
официального опубликования).
Статья 556. Неисполнение требования органа
государственных доходов Республики Казахстан
об уплате причитающихся сумм таможенных
платежей, налогов и пеней в установленные
сроки
Неисполнение банком, страховой организацией, поручителем требования органа
государственных доходов об уплате причитающихся сумм таможенных платежей, налогов и
пеней в установленные сроки в случаях неисполнения плательщиком обязанности по
уплате таможенных платежей и налогов при применении способов обеспечения уплаты
таможенных платежей и налогов –
влечет штраф на субъектов малого предпринимательства или некоммерческие
организации в размере двадцати, на субъектов среднего предпринимательства – в
размере сорока, на субъектов крупного предпринимательства – в размере пятидесяти
месячных расчетных показателей.
Статья 557. Неисполнение банками и организациями,
осуществляющими отдельные виды банковских
операций, решений органов государственных
доходов Республики Казахстан
Неисполнение решений органов государственных доходов о взыскании таможенных
платежей, налогов и пеней или о приостановлении расходных операций по счетам
плательщика таможенных платежей, налогов и пеней по вине банков и организаций,
осуществляющих отдельные виды банковских операций, –
влечет штраф на юридических лиц в размере двухсот пятидесятимесячных
расчетных показателей.
Статья 558. Невыполнение требований органов
государственных доходов
Республики Казахстан
Невыполнение лицами, осуществляющими деятельность в сфере таможенного дела, и
иными лицами установленных таможенным законодательством Таможенного союза и (или)
Республики Казахстан требований органов государственных доходов и их должностных
лиц при осуществлении таможенного декларирования, таможенного досмотра, проверки
таможенной декларации, таможенной проверки, проведении грузовых и иных операций с
товарами и транспортными средствами, а также иных требований, необходимых для
таможенного контроля, –
влечет штраф в размере пятидесяти месячных расчетных показателей.
Глава 30. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ НА
ТРАНСПОРТЕ, В ДОРОЖНОМ ХОЗЯЙСТВЕ Статья 559. Нарушение правил, обеспечивающих безопасность
движения на железнодорожном транспорте
1. Нарушение правил проезда гужевых повозок (саней) и прогона вьючных,
верховых животных и скота через железнодорожные пути, выпаса скота в полосе отвода
железных дорог –
влечет предупреждение или штраф в размере пяти месячных расчетных
показателей.
2. Повреждение железнодорожного пути, защитных лесонасаждений, снегозащитных
ограждений и других путевых объектов, сооружений и устройств сигнализации и связи –
влечет штраф на физических лиц в размере пяти, на юридических лиц – в размере
двадцати месячных расчетных показателей.
3. Несоблюдение установленных габаритов при погрузке и выгрузке грузов –
влечет штраф на физических лиц в размере пяти, на юридических лиц в размере
пятнадцати месячных расчетных показателей.
4. Подкладывание, сбрасывание на железнодорожные пути или оставление на них
предметов, которые могут вызвать нарушение движения поездов, –
влекут штраф в размере двадцати месячных расчетных показателей.
5. Проход по железнодорожным путям в неустановленных местах –
влечет предупреждение или штраф в размере трех месячных расчетных
показателей.
6. Нарушение требований законодательства Республики Казахстан о
железнодорожном транспорте, совершенное при:
1) содержании станционных и магистральных путей железнодорожной сети и
железнодорожных подъездных путей;
2) содержании, эксплуатации и ремонте подвижного состава, технических
средств, железнодорожных искусственных сооружений, направленных на обеспечение
безопасности движения на железнодорожном транспорте, –
влечет штраф на физических лиц в размере трех, на должностных лиц – в размере
семи, на субъектов малого предпринимательства – в размере восьми, на субъектов
среднего предпринимательства – в размере десяти, на субъектов крупного
предпринимательства – в размере тридцати месячных расчетных показателей.
7. Нарушение правил безопасности на железнодорожном транспорте, повлекшее
повреждение железнодорожного подвижного состава до состояния, не подлежащего
восстановлению, –
влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на
субъектов среднего предпринимательства – в размере ста, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей.
8. Нарушение правил безопасности на железнодорожном транспорте, в результате
которого допущено повреждение подвижного состава в объеме, требующем его отцепку и
подачу на ремонт, –
влечет штраф на субъектов малого предпринимательства в размере тридцати, на
субъектов среднего предпринимательства – в размере семидесяти, на субъектов
крупного предпринимательства – в размере ста пятидесяти месячных расчетных
показателей.
9. Непредоставление информации в уполномоченный орган участниками
перевозочного процесса о допущенных нарушениях безопасности на железнодорожных
путях в установленные правилами безопасности на железнодорожном транспорте сроки –
влечет штраф на должностных лиц в размере двадцати месячных расчетных
показателей.
Статья 560. Нарушение правил использования средств
железнодорожного транспорта
1. Незаконный проезд в грузовых поездах, посадка и высадка на ходу поезда,
проезд на подножках и крышах вагонов, незаконная без надобности остановка поезда –
влекут штраф на физических лиц в размере пяти месячных расчетных показателей.
2. Выброс мусора и иных предметов из окон и дверей вагонов поездов,
незаконное открытие наружных дверей во время движения поезда –
влекут предупреждение или штраф на физических лиц в размере трех месячных
расчетных показателей.
Статья 561. Эксплуатация железнодорожного подвижного
состава без государственной регистрации или
перерегистрации
1. Эксплуатация железнодорожного подвижного состава без государственной
регистрации или перерегистрации в уполномоченном органе –
влечет штраф на физических лиц в размере двух, на субъектов малого
предпринимательства – в размере пяти, на субъектов среднего предпринимательства – в
размере семи, на субъектов крупного предпринимательства – в размере двадцати
месячных расчетных показателей.
2. Действие (бездействие), предусмотренное частью первой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства – в размере семи, на субъектов среднего предпринимательства – в
размере десяти, на субъектов крупного предпринимательства – в размере тридцати
месячных расчетных показателей.
Статья 562. Повреждение транспортных средств общего
пользования и их внутреннего оборудования
Повреждение транспортных средств общего пользования, а именно пассажирских
вагонов и локомотивов на железнодорожном транспорте, судов на морском и речном
транспорте, автобусов, троллейбусов, трамваев, а также повреждение их внутреннего
оборудования –
влекут штраф на физических лиц в размере десяти месячных расчетных
показателей.
Статья 563. Нарушение порядка использования воздушного
пространства Республики Казахстан
1. Нарушение порядка использования воздушного пространства Республики
Казахстан, а именно полетов воздушных судов и других летательных аппаратов,
проведения всех видов стрельб, пусков ракет, взрывных работ и осуществления иной
деятельности, связанной с перемещением материальных объектов в воздушном
пространстве Республики Казахстан, совершенное в виде:
1) осуществления деятельности без представления плана полета (при полетах в
неконтролируемом воздушном пространстве без уведомления) и (или) без разрешения на
выполнение полетов, и (или) без разрешения на осуществление деятельности,
представляющей угрозу безопасности полетов воздушных судов;
2) полета группы воздушных судов, количество которых превышает указанное в
разрешении;
3) несоблюдения воздушными судами режимов использования воздушного
пространства;
4) посадки воздушных судов на аэродром, не указанный в плане полета, кроме
случаев вынужденной посадки и направления на запасной аэродром;
5) пролета воздушного судна без разрешения Министерства обороны Республики
Казахстан над территорией запретной зоны и зоны ограничения;
6) несоблюдения воздушными судами вертикального, продольного, бокового
эшелонирования, отклонения от воздушных трасс, местных воздушных линий, осей
маршрута, на расстояния более установленных норм, за исключением случаев явной
угрозы безопасности полетов и предотвращения авиационного происшествия;
7) невыполнения команд органов обслуживания воздушного движения или
управления воздушным движением пользователями воздушного пространства, за
исключением явной угрозы безопасности полетов и предотвращения авиационного
происшествия, –
влечет штраф на физических лиц в размере десяти, на должностных лиц – в
размере двадцати месячных расчетных показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере пятнадцати, на должностных лиц – в
размере двадцати пяти месячных расчетных показателей, с конфискацией предмета,
явившегося орудием совершения правонарушения.
Статья 564. Нарушение правил безопасности полетов
1. Размещение в районе аэродрома каких-либо знаков и устройств, сходных с
маркировочными знаками и устройствами, принятыми для опознавания аэродромов, или
сжигание пиротехнических изделий без разрешения администрации аэропорта, аэродрома,
или устройство объектов, способствующих массовому скоплению птиц, опасных для
полетов воздушных судов, –
влечет штраф на физических лиц в размере десяти, на должностных лиц – в
размере двадцати месячных расчетных показателей.
2. Невыполнение правил о размещении ночных и дневных маркировочных знаков или
устройств на зданиях и сооружениях –
влечет штраф на физических лиц в размере десяти, на должностных лиц – в
размере двадцати месячных расчетных показателей.
3. Повреждение аэродромного оборудования, аэродромных знаков, воздушных
судов и их оборудования –
влечет штраф на физических лиц в размере пятидесяти месячных расчетных
показателей.
4. Проход или проезд без надлежащего разрешения по территории аэропортов
(кроме аэровокзалов), аэродромов, объектов радио- и светообеспечения полетов –
влечет штраф на физических лиц в размере одного месячного расчетного
показателя.
5. Нарушение пассажиром правил безопасности полетов воздушного судна, если
это деяние создало ситуацию, угрожающую безопасности полета, –
влечет штраф на физических лиц в размере двухсот месячных расчетных
показателей либо административный арест на срок до пятнадцати суток.
Статья 565. Допуск к работе авиационного персонала, не
прошедшего профессиональную подготовку либо
не имеющего соответствующую квалификацию
Допуск к работе авиационного персонала, не прошедшего профессиональную
подготовку либо не имеющего соответствующую квалификацию, –
влечет штраф на должностных лиц в размере сорока, на юридических лиц – в
размере шестидесяти месячных расчетных показателей.
Статья 566. Нарушение правил поведения на воздушном судне
1. Нарушение правил поведения на воздушном судне, совершенное в виде
невыполнения лицом, находящимся на воздушном судне, распоряжений командира
воздушного судна или других членов экипажа, если деяния этого лица не создают
угрозу безопасности полета, –
влечет штраф в размере трех месячных расчетных показателей.
2. Пользование услугами сотовой, транкинговой связи на борту воздушного судна
на всех этапах полета, радиоэлектронными средствами и высокочастотными устройствами
бытового назначения на этапах руления, набора высоты, захода на посадку воздушного
судна –
влечет предупреждение или штраф в размере пяти месячных расчетных
показателей.
3. Деяния, предусмотренные частями первой и второй настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф в размере десяти месячных расчетных показателей.
Статья 567. Неисполнение либо ненадлежащее исполнение
перевозчиком обязанностей по предоставлению
услуг пассажиру при отмене или задержке рейса
по вине перевозчика или задержке, отмене
рейса вследствие позднего прибытия воздушного
судна, изменения маршрута перевозки
1. Неисполнение либо ненадлежащее исполнение перевозчиком обязанностей,
предусмотренных законодательством Республики Казахстан об использовании воздушного
пространства Республики Казахстан и деятельности авиации, по предоставлению услуг
пассажиру при отмене или задержке рейса по вине перевозчика или задержке, отмене
рейса вследствие позднего прибытия воздушного судна, изменения маршрута перевозки –
влечет штраф в размере двухсот месячных расчетных показателей.
2. Действие (бездействие), предусмотренное частью первой настоящей статьи,
совершенное повторно в течение года после наложения административного взыскания, –
влечет штраф в размере одной тысячи месячных расчетных показателей.
Статья 568. Умышленное сокрытие авиационного происшествия
или инцидента
Умышленное сокрытие авиационного происшествия, инцидента или сведений о них
либо искажение информации, либо повреждение или уничтожение бортовых или наземных
средств объективного контроля или других связанных с авиационным происшествием или
инцидентом доказательственных материалов –
влечет штраф на физических лиц в размере двадцати, на должностных лиц – в
размере тридцати, на юридических лиц – в размере ста месячных расчетных
показателей.
Статья 569. Нарушение правил безопасности эксплуатации
воздушных судов
1. Нарушение порядка допуска к выполнению полетов воздушных судов либо правил
подготовки и выполнения полетов, за исключением случаев, предусмотренных частями
второй, третьей, четвертой, пятой, шестой, седьмой и восьмой настоящей статьи, если
эти действия по неосторожности повлекли причинение легкого вреда здоровью
потерпевшего, –
влечет штраф на физических лиц в размере тридцати месячных расчетных
показателей с лишением права управления воздушным судном (обслуживание воздушного
движения, технического обслуживания воздушного судна) на срок шесть месяцев, на
должностных лиц – в размере тридцати, на юридических лиц – в размере пятидесяти
месячных расчетных показателей.
2. Взлет на воздушном судне при наличии неисправностей, с которыми запрещено
начинать выполнение полета без разрешения уполномоченного органа, либо с нарушением
норм пассажировместимости (грузовместимости) или ограничений по полетной массе или
центровке воздушного судна -
влечет штраф на командира воздушного судна в размере сорока месячных
расчетных показателей или лишение права управления воздушным судном на срок один
год.
3. Управление воздушным судном лицом, не имеющим права управления им, –
влечет штраф в размере сорока месячных расчетных показателей.
4. Управление воздушным судном, не прошедшим государственной регистрации либо
не имеющим государственного и регистрационного опознавательных знаков, либо не
состоящим на учете в уполномоченном органе в сфере гражданской авиации, либо
имеющим заведомо подложные государственный и регистрационный опознавательные знаки,
–
влечет штраф на командира воздушного судна в размере сорока месячных
расчетных показателей или лишение права управления воздушным судном на срок один
год.
5. Управление воздушным судном, на котором отсутствует судовая и полетная
документация, предусмотренная законодательством Республики Казахстан, либо
управление воздушным судном членом летного экипажа, не имеющим при себе документов
на право управления данным типом воздушного судна, –
влечет штраф в размере сорока месячных расчетных показателей.
6. Допуск к полету воздушного судна, которое не прошло государственной
регистрации либо которое не имеет государственного и регистрационного
опознавательных знаков, либо не состоящим на учете в уполномоченном органе в сфере
гражданской авиации, либо которое имеет заведомо подложные государственный и
регистрационный опознавательные знаки, либо на котором отсутствует судовая и
полетная документация, предусмотренная законодательством Республики Казахстан, либо
на котором не укомплектован летный или кабинный экипаж, либо которое имеет
неисправности, с которыми запрещена его эксплуатация без разрешения, выдаваемого
уполномоченным органом, либо на котором нарушены нормы пассажировместимости
(грузовместимости) или ограничения по полетной массе или центровке воздушного
судна, а равно допуск к обслуживанию либо обслуживание воздушного судна лицом, не
имеющим на то права или находящимся в состоянии опьянения, –
влекут штраф на физических и должностных лиц в размере сорока, на юридических
лиц – в размере ста месячных расчетных показателей.
7. Выполнение полетов воздушными судами, на борту которых отсутствуют
поисковые и аварийно-спасательные средства, предусмотренные законодательством
Республики Казахстан, –
влечет штраф на физических и должностных лиц в размере сорока, на юридических
лиц – в размере ста месячных расчетных показателей.
8. Порча или утеря свидетельства авиационного персонала –
влечет штраф на физических лиц в размере двадцати месячных расчетных
показателей.
Статья 570. Нарушение требований авиационной безопасности
1. Нарушение правил авиационной безопасности –
влечет штраф на юридических лиц в размере ста месячных расчетных показателей.
2. Непринятие мер по содержанию ограждений периметра территории аэропорта,
аэродрома, если эти деяния не повлекли авиационного происшествия или инцидента, –
влечет штраф на юридических лиц в размере четырехсот месячных расчетных
показателей.
Статья 571. Нарушение правил перевозок пассажиров, багажа
и грузов
1. Нарушение правил международных перевозок пассажиров, багажа и грузов, за
исключением перевозок автомобильным транспортом, –
влечет штраф в размере пятидесяти месячных расчетных показателей.
2. Нарушение правил перевозок пассажиров, багажа и грузов автомобильным
транспортом –
влечет штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства – в размере десяти, на субъектов среднего предпринимательства –
в размере пятнадцати, на субъектов крупного предпринимательства – в размере
двадцати пяти месячных расчетных показателей.
3. Действия, предусмотренные частью второй настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на субъектов малого предпринимательства в размере пятнадцати, на
субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного
предпринимательства – в размере пятидесяти месячных расчетных показателей.
Сноска. Статья 571 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 572. Нарушение режима труда и отдыха водителей при
осуществлении автомобильных перевозок
пассажиров, багажа или грузов
1. Эксплуатация автотранспортного средства без контрольных устройств
регистрации режима труда и отдыха водителей (тахографов) или с выключенными
исправными такими устройствами либо с незаполненными диаграммными дисками, или с
применением ранее использованных диаграммных дисков либо без использования
электронных карточек в случае применения электронных (цифровых) тахографов, а равно
без ведения ежедневных регистрационных листков режима труда и отдыха водителей (в
случае неисправности контрольного устройства) при осуществлении:
1) автомобильных перевозок опасных грузов;
2) международных автомобильных перевозок пассажиров, багажа и грузов;
3) междугородных, межобластных, регулярных и внутрирайонных автомобильных
перевозок пассажиров, багажа;
4) междугородных, межобластных, межрайонных (междугородных внутриобластных)
нерегулярных автомобильных перевозок пассажиров и багажа –
влечет штраф на субъектов малого предпринимательства в размере десяти, на
субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного
предпринимательства – в размере пятидесяти месячных расчетных показателей.
2. Нарушение режима труда и отдыха водителями автотранспортных средств при
осуществлении автомобильных перевозок пассажиров, багажа или грузов –
влечет штраф в размере десяти месячных расчетных показателей.
Статья 573. Нарушение Правил применения разрешительной
системы автомобильных перевозок в Республике
Казахстан в международном сообщении
1. Осуществление иностранцами или иностранными юридическими лицами
международных автомобильных перевозок на территории Республики Казахстан без
разрешения или специального разрешения в случаях, предусмотренных законодательством
Республики Казахстан об автомобильном транспорте, –
влечет штраф на водителей автотранспортных средств в размере двадцати пяти,
на юридических лиц – в размере пятисот месячных расчетных показателей.
2. Использование отечественным перевозчиком иностранного разрешения на
автотранспортное средство, не указанное в карточках допуска отечественного
перевозчика, –
влечет штраф на субъектов малого предпринимательства в размере двадцати, на
субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного
предпринимательства – в размере сорока месячных расчетных показателей.
3. Передача отечественным перевозчиком бланков иностранных разрешений другому
отечественному перевозчику –
влечет штраф на субъектов малого предпринимательства в размере двадцати пяти,
на субъектов среднего предпринимательства – в размере тридцати пяти, на субъектов
крупного предпринимательства – в размере сорока пяти месячных расчетных
показателей.
4. Нарушение водителем согласованной схемы маршрута следования при
осуществлении перевозок пассажиров и багажа в международном сообщении –
влечет штраф в размере десяти месячных расчетных показателей.
5. Использование иностранным перевозчиком отечественного разрешения, не
оформленного в соответствии с Правилами применения разрешительной системы
автомобильных перевозок в Республике Казахстан в международном сообщении, –
влечет штраф на водителей автотранспортных средств в размере двадцати
месячных расчетных показателей.
Статья 574. Отсутствие списков пассажиров у водителей
автотранспортных средств при осуществлении
нерегулярных международных автомобильных
перевозок пассажиров и багажа
Отсутствие списков пассажиров у водителей автотранспортных средств при
осуществлении нерегулярных международных автомобильных перевозок пассажиров и
багажа –
влечет штраф на физических лиц в размере пяти месячных расчетных показателей.
Статья 575. Осуществление автомобильных перевозок на
территории Республики Казахстан
автотранспортными средствами,
зарегистрированными в иностранном государстве
Перевозка пассажиров, багажа или грузов автотранспортными средствами,
зарегистрированными на территории иностранного государства, между пунктами,
расположенными на территории Республики Казахстан, за исключением перевозки
автотранспортными средствами, временно ввезенными на территорию Республики
Казахстан, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере пятнадцати, на субъектов среднего
предпринимательства – в размере двадцати, на субъектов крупного предпринимательства
– в размере сорока месячных расчетных показателей.
Статья 576. Отсутствие у водителей автотранспортных
средств договора перевозки при осуществлении
нерегулярных автомобильных перевозок
пассажиров и багажа во внутриреспубликанском
сообщении
Отсутствие у водителей автотранспортных средств договора перевозки при
осуществлении нерегулярных автомобильных перевозок пассажиров и багажа во
внутриреспубликанском сообщении –
влечет штраф на физических лиц в размере десяти месячных расчетных
показателей.
Статья 577. Перевозка пассажиров между пунктами на
территории Республики Казахстан при
осуществлении регулярных перевозок в
международном сообщении
1. Организация продажи проездных документов (билетов) для перевозки
пассажиров между пунктами на территории Республики Казахстан при осуществлении
регулярных перевозок в международном сообщении –
влечет штраф на субъектов малого предпринимательства в размере десяти, на
субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного
предпринимательства – в размере тридцати месячных расчетных показателей.
2. Перевозка пассажиров автотранспортными средствами между пунктами на
территории Республики Казахстан при осуществлении регулярных перевозок в
международном сообщении –
влечет штраф на водителей автотранспортных средств в размере тридцати
месячных расчетных показателей.
3. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере двадцати, на
субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного
предпринимательства – в размере сорока месячных расчетных показателей.
4. Действие, предусмотренное частью второй настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на водителей автотранспортных средств в размере пятидесяти
месячных расчетных показателей.
Статья 578. Нарушение правил, обеспечивающих безопасность
движения на морском транспорте
1. Нарушение на морском транспорте установленного порядка маневрирования и
движения судов, несоблюдение предписанной скорости движения, требований подачи
звуковых и световых сигналов, несения судовых огней и знаков, преднамеренная
остановка или стоянка судна в запрещенных местах, нарушение порядка буксировки
судов, а также невыполнение обязательных требований диспетчера –
влекут штраф в размере семи месячных расчетных показателей.
2. Проведение без надлежащего разрешения водолазных работ в портовых водах
или несоблюдение правил подачи сигналов во время этих работ –
влечет штраф в размере десяти месячных расчетных показателей.
Статья 579. Повреждение на морском транспорте сооружений
и устройств сигнализации и связи
Повреждение на морском транспорте сооружений и устройств сигнализации и связи
–
влечет штраф в размере десяти месячных расчетных показателей.
Статья 580. Нарушение правил, обеспечивающих безопасность
пассажиров на судах морского и речного
транспорта, а также маломерных судах
Отсутствие, недоукомплектование или использование с истекшим сроком
освидетельствования спасательных и аварийных средств и оборудования на
судах морского и речного транспорта, а также маломерных судах, нарушение требований
по оборудованию сходней и трапов на судах морского и речного транспорта –
влекут штраф в размере десяти месячных расчетных показателей.
Статья 581. Нарушение правил выпуска судна в плавание или
допуск к управлению судном лиц, не имеющих
соответствующего диплома (свидетельства,
удостоверения)
1. Выпуск (направление) судна (кроме маломерного) в плавание без документов,
удостоверяющих принадлежность судна, годность его к плаванию, с неукомплектованным
экипажем, при несоответствии технического состояния судна имеющимся документам, с
нарушением установленных правил загрузки, норм пассажировместимости, ограничений по
району и условиям плавания, а также допуск к управлению судном или его механизмами
и оборудованием лиц, не имеющих соответствующего диплома (свидетельства,
удостоверения), –
влекут штраф в размере двадцати месячных расчетных показателей.
2. Выпуск в плавание маломерных судов, не зарегистрированных в установленном
порядке или не прошедших технический осмотр (освидетельствование), или имеющих
неисправности, с которыми запрещена их эксплуатация, или неукомплектованных
снаряжением, или переоборудованных без соответствующего разрешения, а также допуск
к управлению маломерными судами лиц, не имеющих права управления этими судами, –
влекут штраф на должностных лиц, субъектов малого предпринимательства в
размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на
субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных
показателей.
Статья 582. Нарушение правил эксплуатации судов, в том
числе маломерных судов, а также управление
судном, в том числе маломерным судном, лицом,
не имеющим права управления
1. Управление судном (в том числе маломерным), не зарегистрированным в
установленном порядке или не прошедшим технического осмотра (освидетельствования),
или не несущим бортовых номеров и обозначений, или переоборудованным без
соответствующего разрешения, или имеющим неисправности, с которыми запрещена его
эксплуатация, или с нарушением правил загрузки норм пассажировместимости,
ограничений по району и условиям плавания –
влечет штраф в размере пятнадцати месячных расчетных показателей.
2. Управление судном, в том числе маломерным судном, лицом, не имеющим права
управления этим судном, в том числе маломерным судном, а равно управление судном, в
том числе маломерным судном, лицом, не имеющим при себе документа, подтверждающего
право управления этим судном, в том числе маломерным судном, или передача
управления таким судном, в том числе маломерным судном, лицу, не имеющему права
управления, –
влекут штраф в размере десяти месячных расчетных показателей.
3. Управление судном, в том числе маломерным судном, при отсутствии судовых
документов, а также с нарушением требований, предъявляемых к судовым документам, –
влечет штраф в размере пяти месячных расчетных показателей.
4. Управление судном, в том числе маломерным судном, с заведомо подложными
или поддельными регистрационными бортовыми номерами и обозначениями –
влечет штраф в размере двадцати месячных расчетных показателей.
Статья 583. Нарушение правил плавания, погрузки и
разгрузки судов
1. Нарушение судоводителями судов (кроме маломерных) правил движения и дачи
звуковых и световых сигналов, несения судовых огней и знаков, правил погрузки и
разгрузки судов, а также повреждение портовых и гидротехнических сооружений и
оборудования –
влекут штраф в размере пяти месячных расчетных показателей.
2. Превышение судоводителями маломерных судов и иных плавучих объектов
установленной скорости, несоблюдение требований навигационных знаков,
преднамеренная остановка или стоянка судна в запрещенных местах, повреждение
гидротехнических сооружений или технических средств и знаков судоходной и
навигационной обстановки, нарушение правил маневрирования, подачи звуковых
сигналов, несения бортовых огней и знаков –
влекут предупреждение или штраф в размере двух месячных расчетных показателей
или лишение права управления маломерным судном на срок до одного года.
3. Нарушение судоводителями маломерных судов иных правил пользования
маломерными судами –
влечет предупреждение или штраф в размере одного месячного расчетного
показателя.
Статья 584. Нарушение правил, обеспечивающих безопасность
эксплуатации судов на внутренних водных путях
1. Производство без надлежащего разрешения водолазных работ или несоблюдение
правил подачи сигналов во время этих работ, нарушение порядка установки и
устройства запаней и лесных гаваней, устройство заколов и иных приспособлений для
ловли рыбы в неустановленных для этой цели местах без согласования с
соответствующими органами –
влекут штраф в размере десяти месячных расчетных показателей.
2. Уничтожение, повреждение, срыв, незаконная перестановка плавучих и
береговых средств навигационного оборудования, связи и сигнализации, нарушение
правил содержания, эксплуатации и установленного режима работы навигационного
оборудования на мостах, плотинах и других гидротехнических сооружениях, установка
без надлежащего разрешения (согласования) знаков, сооружений, источников звуковых и
световых сигналов, создающих помехи в опознавании навигационных знаков и сигналов,
–
влекут штраф в размере десяти месячных расчетных показателей.
3. Выброс за борт судна мусора и иных предметов -
влечет предупреждение или штраф в размере одного месячного расчетного
показателя.
Статья 585. Нарушение правил погрузки, разгрузки и
складирования грузов в речных портах и на
пристанях
Нарушение технических условий погрузки, разгрузки и складирования грузов в
речных портах и на пристанях, технических условий крепления грузов в судне,
неоформление акта погрузки (разгрузки) груза -
влечет штраф в размере двух месячных расчетных показателей.
Статья 586. Нарушение правил пользования базами
(сооружениями) для стоянок маломерных судов
1. Нарушение на базах (сооружениях) для стоянок маломерных судов норм
базирования маломерных судов, условий и технических требований для безопасной
эксплуатации баз (сооружений), а равно содержание на указанных базах (сооружениях)
незарегистрированных в установленном порядке маломерных судов –
влекут штраф на физических и должностных лиц в размере десяти, на субъектов
малого предпринимательства – в размере пятнадцати, на субъектов среднего
предпринимательства – в размере двадцати, на субъектов крупного предпринимательства
– в размере тридцати месячных расчетных показателей.
2. Несоблюдение установленного режима контроля за выходом в плавание и
возвращением на базу маломерных судов –
влечет предупреждение или штраф на физических и должностных лиц в размере
пяти месячных расчетных показателей.
Статья 587. Нарушение требований по эксплуатации портовых
сооружений
Нарушение или несоблюдение сроков проведения регулярных и периодических
технических осмотров портовых сооружений, нахождение в неисправном состоянии или
несоответствие по своим характеристикам швартовых и отбойных устройств причального
сооружения, а также отсутствие журнала технического осмотра портовых сооружений и
паспорта морского порта –
влекут штраф на физических и должностных лиц в размере пяти месячных
расчетных показателей.
Статья 588. Нарушение правил расследования аварийных
случаев и транспортных происшествий с судами,
в том числе с маломерными судами
1. Непредоставление информации капитаном судна, судовладельцем, должностным
лицом гидротехнических сооружений в органы транспортного контроля об аварийном
случае с судном морского транспорта, о транспортном происшествии с судном речного
транспорта –
влечет штраф на физических и должностных лиц в размере десяти, на субъектов
малого предпринимательства – в размере двадцати, на субъектов среднего
предпринимательства – в размере тридцати, на субъектов крупного предпринимательства
– в размере сорока месячных расчетных показателей.
2. Непредоставление информации судоводителем или судовладельцем в органы
транспортного контроля о транспортном происшествии с маломерным судном –
влечет штраф на физических и должностных лиц в размере пяти, на субъектов
малого предпринимательства – в размере десяти, на субъектов среднего
предпринимательства – в размере двадцати, на субъектов крупного предпринимательства
– в размере тридцати месячных расчетных показателей.
3. Непредоставление или несвоевременное предоставление по запросу органа либо
должностного лица, проводящего расследование аварийного случая или транспортного
происшествия, материалов, справок, объяснительных, выписок из судовых документов
либо другой информации, необходимой для проведения расследования, –
влечет штраф на физических лиц в размере пяти, на должностных лиц – в размере
десяти, на субъектов малого предпринимательства – в размере двадцати, на субъектов
среднего предпринимательства – в размере тридцати, на субъектов крупного
предпринимательства – в размере сорока месячных расчетных показателей.
Статья 589. Нарушение правил пожарной безопасности на
транспорте
1. Нарушение установленных на транспорте правил пожарной безопасности –
влечет штраф в размере пяти месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере десяти месячных расчетных показателей.
Статья 590. Нарушение правил эксплуатации транспортных
средств
1. Управление зарегистрированным транспортным средством с нечитаемыми или
установленными с нарушением требований стандарта государственными регистрационными
номерными знаками (знаком) –
влечет штраф в размере пяти месячных расчетных показателей.
2. Управление транспортным средством без государственных регистрационных
номерных знаков (знака) или после запрещения его эксплуатации, или не
зарегистрированным в установленном порядке –
влечет штраф в размере десяти месячных расчетных показателей.
3. Установка на транспортном средстве заведомо подложных или поддельных
государственных регистрационных номерных знаков (знака) –
влечет штраф на физических лиц в размере пятнадцати, на должностных лиц – в
размере пятидесяти, на субъектов малого предпринимательства или некоммерческие
организации – в размере ста, на субъектов среднего предпринимательства – в размере
двухсот, на субъектов крупного предпринимательства – в размере одной тысячи
месячных расчетных показателей.
4. Управление транспортным средством с заведомо подложными или поддельными
государственными регистрационными номерными знаками (знаком) –
влечет штраф в размере двадцати месячных расчетных показателей или лишение
права управления транспортными средствами на срок один год.
5. Управление транспортными средствами, не отвечающими установленным правилам
обеспечения безопасности дорожного движения, за исключением случаев, указанных в
части шестой настоящей статьи, –
влечет штраф в размере пяти месячных расчетных показателей.
6. Управление транспортными средствами, имеющими неисправности
тормозной системы, рулевого управления, тягово-сцепного устройства, –
влечет штраф в размере пятнадцати месячных расчетных показателей.
7. Управление транспортным средством, переоборудованным без соответствующего
разрешения, –
влечет штраф в размере пятнадцати месячных расчетных показателей.
8. Выпуск в эксплуатацию автотранспортных средств, не прошедших предрейсовый
(предсменный) технический осмотр, а также допуск к управлению водителя, не
прошедшего предрейсовый (предсменный) медицинский осмотр, при осуществлении
регулярных или нерегулярных автомобильных перевозок пассажиров, багажа, а также
перевозок грузов –
влекут штраф на субъектов малого предпринимательства в размере тридцати, на
субъектов среднего предпринимательства – в размере сорока, на субъектов крупного
предпринимательства – в размере пятидесяти месячных расчетных показателей.
9. Управление транспортным средством, не прошедшим государственный или
обязательный технический осмотр, –
влечет штраф в размере пяти месячных расчетных показателей.
10. Действия, предусмотренные частями первой, пятой, шестой и девятой
настоящей статьи, совершенные повторно в течение года после наложения
административного взыскания, –
влекут штраф в размере двадцати месячных расчетных показателей.
Примечание. Под транспортными средствами в настоящей главе Кодекса следует
понимать все виды автомобилей, тракторов и иные самоходные машины, трамваи,
троллейбусы, а также мотоциклы и другие механические транспортные средства.
Статья 591. Пользование водителем при управлении
транспортным средством телефоном либо
радиостанцией
1. Пользование водителем при управлении транспортным средством телефоном либо
радиостанцией –
влечет штраф в размере пяти месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере десяти месячных расчетных показателей.
Примечание. Во время управления транспортным средством разрешается
пользоваться телефоном либо радиостанцией посредством применения наушников или
громкой связи.
Статья 592. Превышение водителями транспортных средств
установленной скорости движения
1. Превышение водителями транспортных средств установленной скорости движения
транспортного средства на величину от десяти до двадцати километров в час –
влечет штраф в размере десяти месячных расчетных показателей.
2. Превышение установленной скорости движения транспортного средства на
величину от двадцати до сорока километров в час –
влечет штраф в размере пятнадцати месячных расчетных показателей.
3. Превышение установленной скорости движения транспортного средства на
величину более сорока километров в час –
влечет штраф в размере тридцати месячных расчетных показателей.
4. Действия, предусмотренные частями первой, второй и третьей настоящей
статьи, совершенные повторно в течение года после наложения административного
взыскания, –
влекут штраф в размере сорока месячных расчетных показателей.
Статья 593. Несоблюдение правил остановок маршрутных
транспортных средств, движения в жилых зонах,
перевозки пассажиров и грузов и другие грубые
нарушения правил дорожного движения
1. Несоблюдение правил остановок маршрутных транспортных средств, движения в
жилых зонах, перевозки пассажиров и грузов, пользования ремнями безопасности при
движении на транспортных средствах, оборудованных ими, мотошлемами при управлении
мотоциклами и перевозке на них пассажиров, буксировки транспортных средств,
пользования осветительными приборами в темное время суток или в условиях
недостаточной видимости –
влечет штраф в размере пяти месячных расчетных показателей.
2. Перевозка опасных грузов автотранспортными средствами либо
специализированными автотранспортными средствами с нарушением установленных правил,
а равно без специального разрешения на перевозку опасного груза классов 1, 6 и 7 –
влечет штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства – в размере тридцати, на субъектов среднего предпринимательства
– в размере сорока, на субъектов крупного предпринимательства – в размере
пятидесяти месячных расчетных показателей.
3. Проезд тяжеловесных автотранспортных средств с превышением весовых
параметров без специального разрешения, в том числе фиксируемый с использованием
специальных автоматизированных измерительных средств, –
влечет штраф при превышении допустимых весовых параметров до пяти тонн на
физических лиц в размере пятидесяти, на субъектов малого предпринимательства – в
размере ста, на субъектов среднего предпринимательства – в размере ста пятидесяти,
на субъектов крупного предпринимательства – в размере двухсот месячных расчетных
показателей, при превышении от пяти до десяти тонн на физических лиц в размере ста,
на субъектов малого предпринимательства – в размере ста пятидесяти, на субъектов
среднего предпринимательства – в размере двухсот, на субъектов крупного
предпринимательства – в размере трехсот месячных расчетных показателей, при
превышении от десяти тонн и выше на физических лиц в размере двухсот, на субъектов
малого предпринимательства – в размере пятисот, на субъектов среднего
предпринимательства – в размере восьмисот, на субъектов крупного
предпринимательства – в размере одной тысячи месячных расчетных показателей.
4. Проезд крупногабаритных автотранспортных средств с превышением габаритных
параметров без специального разрешения, в том числе фиксируемый с использованием
специальных автоматизированных измерительных средств, –
влечет штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства – в размере тридцати, на субъектов среднего предпринимательства
– в размере сорока, на субъектов крупного предпринимательства – в размере
пятидесяти месячных расчетных показателей.
5. Проезд крупногабаритных и (или) тяжеловесных автотранспортных средств с
превышением одного из параметров либо с отклонением от маршрута или сроков,
указанных в специальном разрешении, –
влечет штраф на физических лиц в размере двадцати, на субъектов малого
предпринимательства – в размере тридцати, на субъектов среднего предпринимательства
– сорока, на субъектов крупного предпринимательства – в размере пятидесяти месячных
расчетных показателей.
6. Перевозка грузов самосвалом, максимальная разрешенная масса которого
превышает установленную законодательством Республики Казахстан допустимую общую
массу автотранспортного средства, по автомобильным дорогам общего пользования –
влечет штраф на физических лиц в размере тридцати, на субъектов малого
предпринимательства – в размере сорока, на субъектов среднего предпринимательства –
в размере пятидесяти, на субъектов крупного предпринимательства – в размере
шестидесяти месячных расчетных показателей.
7. Превышение грузоотправителем допустимых весовых и габаритных параметров,
установленных законодательством Республики Казахстан, в процессе загрузки
автотранспортного средства –
влечет штраф на физических лиц в размере тридцати, на субъектов малого
предпринимательства – в размере пятидесяти, на субъектов среднего
предпринимательства – в размере восьмидесяти, на субъектов крупного
предпринимательства – в размере ста месячных расчетных показателей.
8. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере десяти месячных расчетных показателей.
Статья 594. Нарушение правил проезда перекрестков или
пересечение проезжей части дороги
1. Выезд на перекресток или пересечение проезжей части дороги в случае
образовавшегося затора, который привел к созданию препятствия (затора) для движения
транспортных средств в поперечном направлении, –
влечет штраф в размере десяти месячных расчетных показателей.
2. Невыполнение требования правил дорожного движения уступить дорогу
транспортному средству, пользующемуся преимущественным правом проезда перекрестков,
–
влечет штраф в размере пятнадцати месячных расчетных показателей.
3. Нарушение правил проезда перекрестков, за исключением случаев,
предусмотренных частями первой и второй настоящей статьи, –
влечет штраф в размере пяти месячных расчетных показателей.
4. Действия, предусмотренные частями первой, второй и третьей настоящей
статьи, совершенные повторно в течение года после наложения административного
взыскания, –
влекут штраф в размере пятнадцати месячных расчетных показателей.
Статья 595. Нарушение правил маневрирования
1. Невыполнение требования правил дорожного движения подать сигнал перед
началом движения, перестроения, поворота, разворота или остановки –
влечет штраф в размере пяти месячных расчетных показателей.
2. Разворот или движение задним ходом в местах, где такие маневры запрещены,
–
влечет штраф в размере десяти месячных расчетных показателей.
3. Невыполнение требования правил дорожного движения уступить дорогу
транспортному средству, пользующемуся преимущественным правом движения, за
исключением случаев, предусмотренных частью второй статьи 594 и статьей 598
настоящего Кодекса, –
влечет штраф в размере пятнадцати месячных расчетных показателей.
4. Действия, предусмотренные частями первой, второй и третьей настоящей
статьи, совершенные повторно в течение года после наложения административного
взыскания, –
влекут штраф в размере двадцати месячных расчетных показателей.
Статья 596. Нарушение правил расположения транспортного
средства на проезжей части дороги, встречного
разъезда или обгона
1. Движение по пешеходным дорожкам, обочинам или тротуарам в нарушение правил
дорожного движения –
влечет штраф в размере пятнадцати месячных расчетных показателей.
2. Нарушение правил расположения транспортного средства на проезжей части
дороги, встречного разъезда или обгона без выезда на сторону проезжей части дороги,
предназначенную для встречного движения, а равно пересечение организованной
транспортной или пешей колонны либо занятие места в ней –
влекут штраф в размере двадцати месячных расчетных показателей.
3. Выезд на сторону проезжей части дороги, предназначенную для встречного
движения, в случаях, если это запрещено правилами дорожного движения, –
влечет лишение права на управление транспортными средствами на срок один год.
4. Действия, предусмотренные частями первой и второй настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф в размере тридцати месячных расчетных показателей.
5. Действие, предусмотренное частью третьей настоящей статьи, совершенное
лицом, лишенным либо не имеющим права управления транспортным средством, –
влечет штраф в размере пятидесяти месячных расчетных показателей.
Статья 597. Нарушение правил остановки или стоянки
транспортных средств
1. Нарушение правил остановки или стоянки транспортных средств, за
исключением случаев, предусмотренных частью первой статьи 593, статьей 607
настоящего Кодекса и частями второй, третьей настоящей статьи, –
влечет штраф в размере десяти месячных расчетных показателей.
2. Нарушение правил остановки или стоянки транспортных средств на тротуаре, а
также остановка или стоянка транспортных средств на клумбах, детской или спортивной
площадке –
влекут штраф в размере пятнадцати месячных расчетных показателей.
3. Нарушение правил остановки или стоянки транспортных средств на проезжей
части, повлекшее создание препятствий для движения других транспортных средств, –
влечет штраф в размере двадцати месячных расчетных показателей.
4. Нарушение правил остановки или стоянки транспортных средств в местах,
отведенных для остановки или стоянки транспортных средств инвалидов, –
влечет штраф в размере пятидесяти месячных расчетных показателей.
4-1. Уклонение от уплаты за парковку в местах, оборудованных специальными
сертифицированными устройствами, предназначенными для взимания оплаты за парковку и
учета времени парковки транспортных средств, определенных местными исполнительными
органами областей, городов республиканского значения и столицы, –
влечет штраф в размере трех месячных расчетных показателей.
4-2. Действие, предусмотренное частью 4-1 настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере пяти месячных расчетных показателей.
5. Действия, предусмотренные частями первой, второй и третьей настоящей
статьи, совершенные повторно в течение года после наложения административного
взыскания, –
влекут штраф в размере тридцати месячных расчетных показателей.
6. Действие, предусмотренное частью четвертой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере семидесяти пяти месячных расчетных показателей.
Сноска. Статья 597 с изменениями, внесенными Законом РК от 05.05.2015 № 312-V
(вводится в действие по истечении десяти календарных дней после дня его первого
официального опубликования).
Статья 598. Непредоставление преимущества в движении
транспортному средству оперативных и
специальных служб с включенными специальными
световыми и звуковыми сигналами
1. Непредоставление преимущества в движении транспортному средству
оперативных и специальных служб с одновременно включенными проблесковым маячком и
специальным звуковым сигналом –
влечет штраф в размере семи месячных расчетных показателей.
2. Непредоставление преимущества в движении транспортному средству
оперативных и специальных служб, имеющему нанесенные на наружные поверхности
специальные цветографические схемы, надписи и обозначения, с одновременно
включенными проблесковым маячком и специальным звуковым сигналом –
влечет штраф в размере десяти месячных расчетных показателей.
3. Действия, предусмотренные частями первой и второй настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф в размере пятнадцати месячных расчетных показателей.
Статья 599. Проезд на запрещающий сигнал светофора или на
запрещающий жест регулировщика
1. Проезд на запрещающий сигнал светофора или на запрещающий жест
регулировщика, за исключением случаев, предусмотренных частью первой статьи 607
настоящего Кодекса, –
влечет штраф в размере десяти месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере двадцати месячных расчетных показателей.
Статья 600. Непредоставление преимущества в движении
пешеходам или иным участникам дорожного
движения
1. Невыполнение требований правил дорожного движения уступить дорогу
пешеходам или иным участникам дорожного движения, за исключением водителей
транспортных средств, пользующихся преимуществом в движении, –
влечет штраф в размере десяти месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере двадцати месячных расчетных показателей.
Статья 601. Несоблюдение требований, предписанных
дорожными знаками или разметкой проезжей
части дороги
1. Несоблюдение требований, предписанных дорожными знаками или разметкой
проезжей части дороги, за исключением случаев, предусмотренных другими статьями
настоящей главы, –
влечет штраф в размере пяти месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере десяти месячных расчетных показателей.
Статья 602. Нарушение водителями транспортных средств
правил проведения учебной езды, пользования
внешними световыми приборами и (или)
звуковыми сигналами, применения аварийной
сигнализации
1. Нарушение водителями транспортных средств правил проведения учебной езды,
пользования внешними световыми приборами и (или) звуковыми сигналами, применения
аварийной сигнализации и знака аварийной остановки –
влечет штраф в размере пяти месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере семи месячных расчетных показателей.
Статья 603. Нарушение правил установки на транспортном
средстве устройств для подачи специальных
световых и (или) звуковых сигналов либо
незаконное нанесение специальных
цветографических схем автомобилей оперативных
и специальных служб
1. Установка на передней части транспортного средства световых приборов с
огнями красного цвета или световозвращающих приспособлений красного цвета, а равно
световых приборов, цвет и режим работы которых не соответствуют требованиям допуска
транспортных средств к эксплуатации, –
влечет штраф на физических лиц в размере пятнадцати, на субъектов малого
предпринимательства или некоммерческие организации – в размере семидесяти, на
субъектов среднего предпринимательства – в размере ста пятидесяти, на субъектов
крупного предпринимательства – в размере тысячи пятисот месячных расчетных
показателей, с конфискацией указанных приборов и приспособлений.
2. Установка на транспортном средстве без соответствующего разрешения
устройств для подачи специальных световых и (или) звуковых сигналов (за исключением
охранной сигнализации) –
влечет штраф на физических лиц в размере двадцати пяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере ста, на субъектов
среднего предпринимательства – в размере двухсот, на субъектов крупного
предпринимательства – в размере двух тысяч месячных расчетных показателей, с
конфискацией указанных устройств.
3. Незаконное нанесение на наружные поверхности транспортного средства
специальных цветографических схем автомобилей оперативных и специальных служб -
влечет штраф на физических лиц в размере двадцати пяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере ста, на субъектов
среднего предпринимательства – в размере двухсот, на субъектов крупного
предпринимательства – двух тысяч месячных расчетных показателей.
Статья 604. Нарушение правил подготовки водителей
транспортных средств
1. Нарушение правил подготовки водителей транспортных средств –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере тридцати, на субъектов среднего предпринимательства
– в размере пятидесяти, на субъектов крупного предпринимательства– в размере ста
месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет лишение квалификационного свидетельства физического лица, штраф на
субъектов малого предпринимательства в размере шестидесяти, на субъектов среднего
предпринимательства – в размере ста, на субъектов крупного предпринимательства – в
размере ста пятидесяти месячных расчетных показателей, с исключением из реестра
учебных организаций по подготовке водителей транспортных средств.
Статья 605. Нарушение законодательства Республики
Казахстан в сфере дорожного движения
1. Невыполнение профессиональными объединениями по подготовке водителей
транспортных средств обязанностей, предусмотренных Законом Республики Казахстан «О
дорожном движении», –
влечет штраф в размере ста месячных расчетных показателей.
2. Неисполнение и (или) ненадлежащее исполнение профессиональными
объединениями письменного предписания уполномоченного органа по обеспечению
безопасности дорожного движения об устранении нарушения законности в установленный
срок –
влекут штраф в размере ста пятидесяти месячных расчетных показателей с
приостановлением свидетельства об аккредитации профессионального объединения по
подготовке водителей транспортных средств.
3. Неустранение причин, по которым уполномоченный орган по обеспечению
безопасности дорожного движения приостановил действие свидетельства об аккредитации
профессионального объединения по подготовке водителей транспортных средств –
влечет лишение свидетельства об аккредитации профессиональных объединений по
подготовке водителей транспортных средств.
4. Нарушение профессиональным объединением по подготовке водителей
транспортных средств требований Закона Республики Казахстан «О дорожном движении»,
являющихся основаниями для лишения свидетельства об аккредитации, –
влечет лишение свидетельства об аккредитации профессиональных объединений по
подготовке водителей транспортных средств.
5. Невыполнение учебной организацией по подготовке водителей транспортных
средств обязанностей, предусмотренных Законом Республики Казахстан «О дорожном
движении», –
влечет штраф на субъектов малого предпринимательства в размере тридцати, на
субъектов среднего предпринимательства – в размере пятидесяти, на субъектов
крупного предпринимательства – в размере ста месячных расчетных показателей.
6. Действие, предусмотренное частью пятой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере шестидесяти,
на субъектов среднего предпринимательства – в размере ста, на субъектов крупного
предпринимательства – в размере двухсот месячных расчетных показателей, с
исключением из реестра учебных организаций по подготовке водителей транспортных
средств.
7. Неисполнение учебной организацией по подготовке водителей транспортных
средств письменного предписания уполномоченного органа по обеспечению безопасности
дорожного движения об устранении нарушения законности в установленный срок –
влечет штраф на субъектов малого предпринимательства в размере тридцати, на
субъектов среднего предпринимательства – в размере пятидесяти, на субъектов
крупного предпринимательства – в размере ста месячных расчетных показателей.
Статья 606. Нарушение участником дорожного движения
правил дорожного движения, повлекшее создание
аварийной обстановки
1. Нарушение участником дорожного движения правил дорожного движения,
повлекшее создание аварийной обстановки, то есть вынудившее других участников
движения резко изменить скорость, направление движения, –
влечет штраф в размере десяти месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет лишение права управления транспортным средством на срок шесть месяцев.
Статья 607. Нарушение правил проезда железнодорожных
переездов
1. Пересечение железнодорожного пути вне железнодорожного переезда, выезд на
железнодорожный переезд при закрытом или закрывающемся шлагбауме либо при
запрещающем сигнале светофора или дежурного по переезду, а равно остановка или
стоянка на железнодорожном переезде –
влекут штраф в размере десяти месячных расчетных показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут лишение права управления транспортным средством на срок шесть месяцев.
Статья 608. Управление транспортным средством водителем,
находящимся в состоянии алкогольного,
наркотического и (или) токсикоманического
опьянения, а равно передача управления
транспортным средством лицу, находящемуся в
состоянии алкогольного, наркотического и
(или) токсикоманического опьянения
1. Управление транспортным средством водителем, находящимся в состоянии
алкогольного, наркотического и (или) токсикоманического опьянения, а равно передача
управления транспортным средством лицу, находящемуся в состоянии алкогольного,
наркотического и (или) токсикоманического опьянения, –
влекут лишение права управления транспортным средством на срок три года.
2. Действия, предусмотренные частью первой настоящей статьи, повлекшие
создание аварийной обстановки, –
влекут лишение права управления транспортным средством на срок четыре года.
3. Действия, предусмотренные частью первой настоящей статьи, повлекшие
причинение потерпевшему вреда здоровью, не имеющие признаков уголовно наказуемого
деяния, или повреждение транспортных средств, грузов, дорожных и иных сооружений
либо иного имущества, –
влекут лишение права управления транспортным средством на срок пять лет.
4. Действия, предусмотренные частями первой, второй и третьей настоящей
статьи, совершенные повторно в течение года после истечения срока административного
взыскания, –
влекут административный арест на пятнадцать суток и лишение права управления
транспортным средством на срок шесть лет.
5. Действия, предусмотренные частью четвертой настоящей статьи, совершенные
повторно в течение года после истечения срока административного взыскания,
предусмотренного частью четвертой настоящей статьи, –
влекут административный арест на тридцать суток и лишение права управления
транспортными средствами сроком на десять лет.
6. Действия, предусмотренные частями первой, второй и третьей настоящей
статьи, совершенные лицами, не имеющими права управления транспортными средствами,
–
влекут административный арест на двадцать суток.
7. Действия, предусмотренные частью шестой настоящей статьи, совершенные
повторно в течение года после истечения срока административного взыскания,
предусмотренного частью шестой настоящей статьи, –
влекут административный арест на тридцать суток.
8. Действия, предусмотренные частями шестой и седьмой настоящей статьи,
совершенные лицами, к которым административный арест в соответствии с частью
второй статьи 50 настоящего Кодекса не применяется, –
влекут штраф в размере двухсот месячных расчетных показателей.
Статья 609. Осуществление регулярных автомобильных
перевозок пассажиров и багажа без
соответствующего свидетельства,
подтверждающего право обслуживания маршрутов
указанных перевозок
1. Осуществление регулярных автомобильных перевозок пассажиров и багажа без
соответствующего свидетельства, подтверждающего право обслуживания маршрутов
указанных перевозок, –
влечет штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства – в размере десяти, на субъектов среднего предпринимательства –
в размере пятнадцати, на субъектов крупного предпринимательства – в размере
двадцати пяти месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства – в размере пятнадцати, на субъектов среднего
предпринимательства – в размере двадцати, на субъектов крупного предпринимательства
– в размере пятидесяти месячных расчетных показателей.
Статья 610. Нарушение водителями транспортных средств
установленных правил обеспечения безопасности
дорожного движения, повлекшее причинение
вреда здоровью людей, повреждение
транспортных средств или иного имущества
1. Нарушение водителями транспортных средств установленных правил обеспечения
безопасности дорожного движения, повлекшее повреждение транспортных средств,
грузов, дорог, дорожных и других сооружений или иного имущества, причинившее
материальный ущерб –
влечет штраф в размере десяти месячных расчетных показателей или лишение
права управления транспортным средством на срок девять месяцев.
2. То же действие, повлекшее причинение потерпевшему легкого вреда здоровью,
–
влечет штраф в размере пятнадцати месячных расчетных показателей и лишение
права управления транспортным средством на срок один год.
3. Действия, предусмотренные частями первой и второй настоящей статьи,
совершенные лицом, не имеющим права управления транспортными средствами, –
влекут штраф в размере двадцати месячных расчетных показателей.
Статья 611. Невыполнение водителем обязанностей в связи с
дорожно-транспортным происшествием
1. Невыполнение водителем обязанностей, предусмотренных законодательством
Республики Казахстан в сфере дорожного движения, в связи с дорожно-транспортным
происшествием, участником которого он является, за исключением случаев,
предусмотренных частью второй настоящей статьи, –
влечет штраф в размере пяти месячных расчетных показателей.
2. Оставление водителем в нарушение правил дорожного движения места дорожно-
транспортного происшествия, участником которого он являлся, –
влечет лишение права управления транспортными средствами на срок один год.
3. Действие, предусмотренное частью второй настоящей статьи, совершенное
лицом, лишенным права управления транспортным средством либо не имеющим права
управления транспортными средствами, –
влечет штраф в размере ста месячных расчетных показателей либо
административный арест на тридцать суток.
Примечание. Лицо, оставившее место дорожно-транспортного происшествия в связи
с оказанием медицинской помощи пострадавшему, освобождается от ответственности по
настоящей статье.
Статья 612. Управление транспортным средством лицом без
документов и не имеющим права управления
1. Управление транспортным средством водителем, не имеющим при себе
водительское удостоверение или временное удостоверение, выданное взамен
водительского удостоверения на право управления, страховой полис по обязательному
страхованию гражданско-правовой ответственности владельцев транспортных средств и
(или) по обязательному страхованию гражданско-правовой ответственности перевозчика
перед пассажирами, регистрационных и иных установленных законодательством
документов на транспортное средство, –
влечет штраф в размере пяти месячных расчетных показателей.
2. Управление транспортным средством лицом, не имеющим права управления им
(кроме учебной езды), а равно управление транспортным средством водителем, не
имеющим права управления соответствующей категорией транспорта, –
влекут штраф в размере пятнадцати месячных расчетных показателей.
3. Управление транспортным средством водителем, лишенным права управления
транспортным средством, –
влечет штраф в размере десяти месячных расчетных показателей.
4. Действия, предусмотренные частями второй и третьей настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф в размере тридцати месячных расчетных показателей.
5. Передача управления транспортным средством лицу, не имеющему права
управления (за исключением случаев обучения вождению в соответствии с
установленными правилами), либо лицу, лишенному права управления транспортным
средством, –
влечет штраф в размере пятидесяти месячных расчетных показателей.
6. Действие, предусмотренное частью пятой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере семидесяти месячных расчетных показателей.
Статья 613. Невыполнение требований сотрудника органов
внутренних дел (полиции), транспортного
контроля на пунктах пропуска автотранспортных
средств через Государственную границу
Республики Казахстан и на постах
транспортного контроля на территории
Республики Казахстан, военной полиции,
уклонение от прохождения освидетельствования
на состояние алкогольного, наркотического и
(или) токсикоманического опьянения
1. Невыполнение законного требования сотрудника органов внутренних дел
(полиции), военной полиции (исключительно лицом, управляющим транспортным средством
органов национальной безопасности, Вооруженных Сил Республики Казахстан, других
войск и воинских формирований Республики Казахстан) об остановке транспортного
средства –
влечет лишение права управления транспортными средствами на срок один год, а
в отношении лиц, не имеющих либо лишенных такого права, штраф в размере двадцати
месячных расчетных показателей.
2. Невыполнение законного требования сотрудника органов транспортного
контроля на постах транспортного контроля на территории Республики Казахстан об
остановке транспортного средства –
влечет штраф в размере десяти месячных расчетных показателей или лишение
права управления транспортными средствами на срок от шести месяцев до одного года.
3. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере тридцати месячных расчетных показателей.
4. Невыполнение законного требования сотрудника органов внутренних дел
(полиции), военной полиции (исключительно лицом, управляющим транспортным средством
органов национальной безопасности, Вооруженных Сил Республики Казахстан, других
войск и воинских формирований Республики Казахстан) о прохождении в соответствии с
установленным порядком освидетельствования на состояние алкогольного,
наркотического и (или) токсикоманического опьянения –
влечет лишение права управления транспортными средствами на срок два года.
5. Действие, предусмотренное частью четвертой настоящей статьи, совершенное
повторно в течение года после истечения срока административного взыскания, –
влечет административный арест на пятнадцать суток и лишение права управления
транспортным средством на срок шесть лет.
6. Действие, предусмотренное частью пятой настоящей статьи, совершенное
повторно в течение года после истечения срока административного взыскания,
предусмотренного частью пятой настоящей статьи, –
влечет административный арест на тридцать суток и лишение права управления
транспортными средствами сроком на десять лет.
7. Действия, предусмотренные частями четвертой, пятой и шестой настоящей
статьи, совершенные лицом, лишенным права управления транспортным средством, –
влекут административный арест на двадцать суток.
8. Действия, предусмотренные частью седьмой настоящей статьи, совершенные
повторно в течение года после истечения срока административного взыскания,
предусмотренного частью седьмой настоящей статьи, –
влекут административный арест на тридцать суток.
9. Действие, предусмотренное частью четвертой настоящей статьи, совершенное
лицами, не имеющими права управления транспортными средствами, –
влечет административный арест на двадцать суток.
10. Действие, предусмотренное частью девятой настоящей статьи, совершенное
повторно в течение года после истечения срока административного взыскания,
предусмотренного частью девятой настоящей статьи, –
влечет административный арест на тридцать суток.
11. Действия, предусмотренные частями седьмой, восьмой, девятой и десятой
настоящей статьи, совершенные лицами, к которым административный арест в
соответствии с частью второй статьи 50 настоящего Кодекса не применяется, –
влекут штраф в размере двухсот месячных расчетных показателей.
12. Оставление водителем и пассажирами (пассажиром) кабины (салона)
транспортного средства в случае его остановки сотрудником органов внутренних дел
(полиции), военной полиции (исключительно лицом, управляющим военным транспортным
средством) без его разрешения, а также невыполнение ими требований о выходе из
кабины (салона) транспортного средства –
влекут штраф на водителя и пассажиров (пассажира) в размере пяти месячных
расчетных показателей.
13. Действия, предусмотренные частью двенадцатой настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф на водителя и пассажиров (пассажира) в размере десяти месячных
расчетных показателей.
Примечание. Требование сотрудников органов внутренних дел (полиции),
транспортного контроля, военной полиции в форменной одежде об остановке
транспортного средства выражается путем подачи сигнала жестом руки или жезлом с
одновременным сигналом свистка либо с помощью громкоговорящего устройства. Сигналы
должны быть понятны водителю и поданы своевременно с тем, чтобы их исполнение не
создало аварийную обстановку.
Сноска. Статья 613 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 614. Создание препятствий для движения
транспортных средств
Умышленное создание препятствий для движения транспортных средств, а равно
невыполнение требований должностных лиц, уполномоченных осуществлять контроль за
соблюдением правил движения транспорта, об устранении таких препятствий –
влекут штраф на физических лиц в размере трех, на должностных лиц – в размере
десяти месячных расчетных показателей.
Статья 615. Нарушение правил движения пешеходами и иными
участниками дорожного движения
1. Невыполнение пешеходами и иными участниками дорожного движения требований,
установленных правилами обеспечения безопасности дорожного движения, –
влечет штраф в размере пяти месячных расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, повлекшее
причинение потерпевшему вреда здоровью, не имеющее признаков уголовно наказуемого
деяния либо причинившее материальный ущерб, –
влечет штраф в размере десяти месячных расчетных показателей.
3. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере пятнадцати месячных расчетных показателей.
4. Действие, предусмотренное частью второй настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере двадцати месячных расчетных показателей или
административный арест на трое суток.
Примечание. Под иными участниками дорожного движения в настоящей статье
следует понимать лиц, управляющих мопедами, велосипедами и гужевыми повозками,
погонщиков, ведущих по дороге вьючных, верховых животных или стадо, а также
пассажиров транспортных средств.
Статья 616. Нарушение правил организации и проведения
обязательного технического осмотра
механических транспортных средств и прицепов
к ним
1. Нарушение правил организации и проведения обязательного технического
осмотра механических транспортных средств и прицепов к ним, совершенное в виде:
1) выдачи диагностической карты технического осмотра с указанием параметров,
не соответствующих техническому состоянию механических транспортных средств и
прицепов к ним, установленному при проведении проверки деятельности оператора
технического осмотра;
2) необоснованного отказа в проведении обязательного технического осмотра;
3) непредставления сведений в единую информационную систему обязательного
технического осмотра механических транспортных средств и прицепов к ним;
4) неуведомления либо несвоевременного уведомления об изменении места
нахождения центра технического осмотра;
5) неинформирования населения о графике проведения обязательного технического
осмотра в регионе деятельности;
6) нарушения графика проведения обязательного технического осмотра;
7) выдачи оператором технического осмотра диагностической карты технического
осмотра без проведения обязательного технического осмотра;
8) проведения обязательного технического осмотра без использования
контрольно-диагностического оборудования либо с неисправным и (или) не прошедшим
поверку контрольно-диагностическим оборудованием;
9) необеспечения оператором технического осмотра архивного хранения
видеофайлов ежедневной записи в течение шести месяцев со дня проведения
обязательного технического осмотра;
10) отсутствия видеофиксации процедуры проведения обязательного технического
осмотра либо фотофиксации транспортного средства в диагностической карте
технического осмотра;
11) составления и выдачи диагностической карты технического осмотра,
несоответствующей утвержденной форме;
12) невнесения, а равно внесения недостоверных и (или) неполных сведений в
единую информационную систему обязательного технического осмотра механических
транспортных средств и прицепов к ним;
13) несоответствия производственного помещения и территории центра
технического осмотра требованиям, установленным государственными стандартами, –
влечет штраф на субъектов малого предпринимательства в размере десяти, на
субъектов среднего предпринимательства – в размере двадцати, на субъектов крупного
предпринимательства – в размере тридцати месячных расчетных показателей.
2. Совмещение оказания услуг по проведению обязательного технического
осмотра и ремонту, техническому обслуживанию механических транспортных средств и
прицепов к ним –
влечет штраф на должностных лиц, субъектов малого предпринимательства в
размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на
субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных
показателей, с исключением из реестра операторов технического осмотра.
3. Оказание услуг по ремонту и техническому обслуживанию механических
транспортных средств и прицепов к ним на территории центра технического осмотра –
влечет штраф на должностных лиц, субъектов малого предпринимательства в
размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на
субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных
показателей.
4. Предоставление заведомо недостоверной информации при включении в реестр
операторов технического осмотра –
влечет штраф на должностных лиц, субъектов малого предпринимательства в
размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на
субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных
показателей, с исключением из реестра операторов технического осмотра.
5. Деяния, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влечет штраф на должностных лиц, субъектов малого предпринимательства в
размере тридцати, на субъектов среднего предпринимательства – в размере сорока, на
субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных
показателей, с исключением из реестра операторов технического осмотра.
Статья 617. Выпуск в эксплуатацию транспортных средств,
имеющих технические неисправности, и иные
нарушения правил эксплуатации
1. Невыполнение лицами, ответственными за техническое состояние и
эксплуатацию транспортных средств, требований, установленных правил обеспечения
безопасности дорожного движения, за исключением случаев, предусмотренных статьей
619 настоящего Кодекса, –
влечет штраф на должностных лиц, субъектов малого предпринимательства в
размере десяти, на субъектов среднего предпринимательства – в размере двадцати, на
субъектов крупного предпринимательства – в размере сорока месячных расчетных
показателей.
2. Те же действия, повлекшие причинение потерпевшему легкого вреда здоровью
или повреждение транспортных средств, грузов, дорожных или иных сооружений либо
иного имущества, –
влекут штраф на должностных лиц, субъектов малого предпринимательства в
размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на
субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных
показателей.
Сноска. Статья 617 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 618. Признание либо выдача сертификатов или иных
документов, подтверждающих соответствие новых
транспортных средств, в нарушение
установленных норм в области обеспечения
требований к безопасности транспортных
средств
1. Признание либо выдача сертификатов или иных документов, подтверждающих
соответствие транспортных средств в нарушение установленных норм в области
обеспечения требований к безопасности транспортных средств, явившихся основанием
для их допуска к участию в дорожном движении, –
влечет штраф в размере двухсот месячных расчетных показателей с лишением
права занятия этой деятельностью на срок один год.
2. Действия, предусмотренные частью первой настоящей статьи, повлекшие
повреждение транспортных средств или иного имущества, –
влекут штраф в размере трехсот месячных расчетных показателей с лишением
права занятия этой деятельностью на срок два года.
3. Действия, предусмотренные частью первой настоящей статьи, повлекшие
причинение телесного повреждения легкой и средней тяжести, –
влекут штраф в размере пятисот месячных расчетных показателей с лишением
права занятия этой деятельностью на срок три года.
Сноска. Статья 618 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 619. Допуск к управлению транспортным средством
водителя, не имеющего либо лишенного права
управления транспортными средствами, а равно
соответствующей категории
1. Допуск лицом, ответственным за техническое состояние и эксплуатацию
транспортных средств, к управлению транспортным средством водителя, не имеющего
либо лишенного права управления транспортным средством, а равно соответствующей
категории, –
влечет штраф на физических лиц в размере двадцати, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
тридцати, на субъектов среднего предпринимательства – в размере сорока, на
субъектов крупного предпринимательства – в размере пятидесяти месячных расчетных
показателей.
2. То же действие, повлекшее причинение потерпевшему легкого вреда здоровью
или повреждение транспортных средств, грузов, дорожных или иных сооружений либо
иного имущества, –
влечет штраф на физических лиц в размере пятидесяти, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
семидесяти, на субъектов среднего предпринимательства – в размере ста, на субъектов
крупного предпринимательства – в размере ста пятидесяти месячных расчетных
показателей.
Статья 620. Нарушение иных требований, предъявляемых к
участникам дорожного движения
Нарушение иных требований, предъявляемых к участникам дорожного движения,
установленных правилами обеспечения безопасности дорожного движения, не
перечисленных в настоящей главе Кодекса, –
влечет предупреждение или штраф в размере трех месячных расчетных
показателей.
Примечание. При составлении протокола указывается, какая именно норма правил
обеспечения безопасности дорожного движения нарушена.
Статья 621. Нарушение правил перевозки опасных веществ
или предметов на транспорте
1. Нарушение на железнодорожном транспорте правил перевозки опасных веществ
или предметов ручной клади –
влечет предупреждение или штраф в размере одного месячного расчетного
показателя.
2. Нарушение на морском и речном транспорте правил перевозки опасных веществ
или предметов, а также невыполнение должностными лицами обязанностей по регистрации
в соответствующих документах операций с опасными веществами или предметами,
внесение неверных записей или незаконный отказ предъявить такие документы
соответствующим должностным лицам –
влекут предупреждение или штраф в размере десяти месячных расчетных
показателей.
3. Нарушение на воздушных судах правил перевозки опасных веществ или
предметов –
влечет штраф в размере десяти месячных расчетных показателей с конфискацией
указанных веществ и предметов.
4. Провоз в автобусе, трамвае, троллейбусе, маршрутном такси взрывоопасных
веществ или предметов, а также сдача их в багаж или в камеру хранения на
автотранспорте –
влекут штраф в размере трех месячных расчетных показателей.
Статья 622. Нарушение правил пользования общественным
городским и пригородным транспортом
1. Нарушение правил пользования трамваем, троллейбусом, автобусом городского
и пригородного сообщения или такси, совершенное в виде проезда на подножках и
других выступающих частях транспортного средства, входа и выхода во время движения,
препятствования открыванию и закрыванию дверей, перевозки режущих предметов без
соответствующей упаковки, а также предметов и вещей, загрязняющих салон и одежду
пассажиров, –
влечет штраф в размере одного месячного расчетного показателя.
2. Уклонение от оплаты за проезд на общественном транспорте –
влечет штраф в размере двух месячных расчетных показателей.
Сноска. Статья 622 в редакции Закона РК от 05.05.2015 № 312-V (вводится в
действие по истечении десяти календарных дней после дня его первого официального
опубликования).
Статья 623. Безбилетный провоз пассажиров
Безбилетный провоз пассажиров:
1) на воздушных судах, выполняющих полеты на международных авиамаршрутах, –
влечет штраф в размере десяти месячных расчетных показателей;
2) на воздушных судах, выполняющих полеты на внутренних авиамаршрутах, –
влечет штраф в размере восьми месячных расчетных показателей;
3) в поездах международного сообщения –
влечет штраф в размере семи месячных расчетных показателей;
4) в поездах внутриреспубликанского сообщения –
влечет штраф в размере пяти месячных расчетных показателей;
5) на морских судах международного сообщения –
влечет штраф в размере семи месячных расчетных показателей;
6) на морских судах внутриреспубликанского сообщения –
влечет штраф в размере шести месячных расчетных показателей;
7) на речных судах международного сообщения –
влечет штраф в размере шести месячных расчетных показателей;
8) на речных судах внутриреспубликанского сообщения –
влечет штраф в размере пяти месячных расчетных показателей;
9) в трамвае, троллейбусе, автобусе городского и пригородного сообщения и
маршрутном такси –
влечет штраф в размере пяти месячных расчетных показателей;
10) в автобусе международного, междугородного межобластного, межрайонного
(междугородного внутриобластного) и внутрирайонного сообщения –
влечет штраф в размере семи месячных расчетных показателей.
Статья 624. Нарушение правил организации продажи,
продления срока действия проездных документов
(билетов) и работы билетных касс на
железнодорожном транспорте
Нарушение правил организации продажи, продления срока действия проездных
документов (билетов) и работы билетных касс на железнодорожном транспорте –
влечет штраф на субъектов малого предпринимательства в размере пяти, на
субъектов среднего предпринимательства – в размере десяти, на субъектов крупного
предпринимательства – в размере тридцати месячных расчетных показателей.
Статья 625. Нарушение правил обеспечения сохранности
грузов на железнодорожном, морском, речном и
автомобильном транспорте
1. Повреждение подвижного состава, контейнеров, плавучих и других
транспортных средств, предназначенных для перевозки грузов, а также перевозочных
приспособлений –
влечет штраф в размере пяти месячных расчетных показателей.
2. Повреждение пломб и запорных устройств грузовых вагонов, автомобилей,
автомобильных прицепов, контейнеров, трюмов и других грузовых помещений плавучих
средств, срыв с них пломб, повреждение отдельных грузовых мест и их упаковки,
пакетов, ограждений грузовых дворов, железнодорожных станций, грузовых
автомобильных станций, контейнерных пунктов (площадок), портов (пристаней) и
складов, которые используются для выполнения операций, связанных с грузовыми
перевозками, а также пребывание без надлежащего разрешения на территории грузовых
дворов, контейнерных пунктов (площадок), грузовых районов (участков), портов
(пристаней), шлюзов и указанных выше складов –
влекут штраф в размере десяти месячных расчетных показателей.
Статья 626. Нарушение правил по обеспечению сохранности
грузов на воздушном транспорте
1. Повреждение пломб и запорных устройств контейнеров, срыв с них пломб,
повреждение отдельных грузовых мест и их упаковки, пакетов, а также ограждений
складов, которые используются для выполнения операций, связанных с перевозкой
грузов на воздушном транспорте, –
влекут штраф в размере десяти месячных расчетных показателей.
2. Повреждение контейнеров и транспортных средств, предназначенных для
перевозки грузов на воздушном транспорте, –
влечет штраф в размере десяти месячных расчетных показателей.
Статья 627. Нарушение правил эксплуатации тракторов, иных
самоходных машин и оборудования
Нарушение правил эксплуатации тракторов, иных самоходных машин и
оборудования, за исключением правил, предусмотренных статьями
333, 334, 590, 610, 612, 617, 619 настоящего Кодекса, –
влечет штраф на физических лиц в размере трех месячных расчетных показателей.
Статья 628. Несвоевременная уплата за проезд по платным
автомобильным дорогам (участкам)
Несвоевременная уплата за проезд по платным автомобильным дорогам (участкам)
–
влечет штраф на физических лиц в размере пяти, на юридических лиц – в размере
десяти месячных расчетных показателей.
Статья 629. Систематическое нарушение правил эксплуатации
и дорожного движения физическими лицами,
управляющими транспортными средствами
Сноска. Статья 629 исключена Законом РК от 29.12.2014 № 272-V (вводится в
действие 01.01.2015).
Статья 630. Повреждение дорог, железнодорожных переездов
и других дорожных сооружений
1. Повреждение дорог, железнодорожных переездов и других сооружений или
технических средств регулирования дорожного движения, в том числе путем загрязнения
дорожного покрытия либо прогона животных вне специально отведенных мест и по
дорогам с усовершенствованным покрытием, а также ограничение видимости средств
регулирования дорожного движения вследствие установки различных сооружений или
посадки зеленых насаждений, или несвоевременной их подрезки –
влекут штраф на физических лиц в размере двух, на должностных лиц, субъектов
малого предпринимательства – в размере десяти, на субъектов среднего
предпринимательства – в размере двадцати, на субъектов крупного предпринимательства
– в размере тридцати месячных расчетных показателей.
2. Нарушения, предусмотренные частью первой настоящей статьи, повлекшие
дорожно-транспортное происшествие с причинением потерпевшему легкого вреда
здоровью, повреждением транспортных средств, грузов или иного имущества, –
влекут штраф на физических лиц в размере пяти, на должностных лиц, субъектов
малого предпринимательства – в размере тридцати, на субъектов среднего
предпринимательства – в размере пятидесяти, на субъектов крупного
предпринимательства – в размере ста месячных расчетных показателей.
Сноска. Статья 630 изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 631. Нарушение правил содержания дорог,
железнодорожных переездов и других дорожных
сооружений
1. Невыполнение требований по производству работ на дорогах, содержанию
дорог, железнодорожных переездов и дорожных сооружений, иных требований,
установленных правилами обеспечения безопасности дорожного движения, –
влечет штраф на должностных лиц, субъектов малого предпринимательства в
размере десяти, на субъектов среднего предпринимательства – в размере пятнадцати,
на субъектов крупного предпринимательства – в размере тридцати месячных расчетных
показателей.
2. Действия, предусмотренные частью первой настоящей статьи, повлекшие
дорожно-транспортное происшествие с причинением здоровью потерпевшего легкого
вреда, повреждением транспортных средств, грузов, дорог, дорожных и других
сооружений или иного имущества, –
влекут штраф на должностных лиц, субъектов малого предпринимательства в
размере пятнадцати, на субъектов среднего предпринимательства – в размере двадцати,
на субъектов крупного предпринимательства – в размере тридцати месячных расчетных
показателей.
Сноска. Статья 631 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 632. Нарушение правил содержания смотровых
колодцев подземных коммуникаций, создающее
угрозу безопасности дорожного движения
1. Нарушение правил содержания смотровых колодцев подземных коммуникаций,
находящихся на проезжей части дорог, а равно непринятие мер к устранению
неисправностей подземных коммуникаций, приводящих к выходу на поверхность дороги
воды, технических жидкостей, пара и образованию по этой причине разрушений
дорожного полотна, наледей, ограничений видимости и других препятствий, –
влекут штраф на должностных лиц, субъектов малого предпринимательства или
некоммерческие организации в размере десяти, на субъектов среднего
предпринимательства – в размере двадцати, на субъектов крупного предпринимательства
– в размере тридцати месячных расчетных показателей.
2. Те же нарушения, повлекшие дорожно-транспортное происшествие с причинением
легкого вреда здоровью людей, повреждением транспортных средств, грузов и иного
имущества, –
влекут штраф на должностных лиц, субъектов малого предпринимательства или
некоммерческие организации в размере пятнадцати, на субъектов среднего
предпринимательства – в размере тридцати, на субъектов крупного предпринимательства
– в размере сорока месячных расчетных показателей.
Сноска. Статья 632 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 633. Нарушение правил охраны и пользования полосой
отвода автомобильных дорог
1. Распашка резервов земли, вырубка, раскорчевка и повреждение насаждений,
снятие дерна и выемка грунта, складирование материалов и грузов, производство
топографических и других работ, оборудование перекрестков и въездов, возведение
сооружений, подземных и наземных построек или коммуникаций, установка рекламной и
иной информации в полосе отвода автомобильных дорог без согласования
в установленном порядке, а также разведение огня, выпас скота, свалка мусора и
снега, торговля вне установленных мест в пределах полосы отвода, сброс
канализационных, промышленных, мелиоративных и сточных вод в систему дорожного
водоотвода либо использование дорожных кюветов как оросителей –
влекут штраф на физических лиц в размере трех, на субъектов малого
предпринимательства или некоммерческие организации – в размере двадцати, на
субъектов среднего предпринимательства – в размере тридцати, на субъектов крупного
предпринимательства – в размере пятидесяти месячных расчетных показателей.
2. Нарушения, предусмотренные частью первой настоящей статьи, повлекшие
дорожно-транспортные происшествия с нанесением легких телесных повреждений людям,
повреждением транспортных средств или иного имущества либо совершенные повторно в
течение года после наложения административного взыскания, предусмотренного частью
первой настоящей статьи, –
влекут штраф на физических лиц в размере пяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере двадцати пяти, на
субъектов среднего предпринимательства – в размере сорока, на субъектов крупного
предпринимательства – в размере ста месячных расчетных показателей.
Статья 634. Нарушение землепользователями правил
эксплуатации и охраны автомобильных дорог и
дорожных сооружений
Невыполнение обязанностей по устройству, ремонту и регулярной очистке
пешеходных дорожек и переходных (переездных) мостиков, систем орошения, допускающих
подтапливание автомобильных дорог и заболачивание полосы отвода, находящихся на
закрепленных за землепользователями участках, прилегающих к полосе отвода
автомобильных дорог, а также обязанностей по содержанию в технически исправном
состоянии и чистоте выездов с закрепленных за этими пользователями участков или
подъездных путей на автомобильную дорогу общего пользования, включая переездные
мостики, –
влечет штраф на физических лиц в размере трех, на субъектов малого
предпринимательства или некоммерческие организации – в размере десяти, на субъектов
среднего предпринимательства – в размере двадцати, на субъектов крупного
предпринимательства – в размере тридцати месячных расчетных показателей.
Статья 635. Нарушение правил охраны магистральных
трубопроводов
Нарушение правил охраны магистральных трубопроводов –
влечет предупреждение или штраф на физических лиц в размере одного, на
субъектов малого предпринимательства или некоммерческие организации – в размере
десяти, на субъектов среднего предпринимательства – в размере двадцати, на
субъектов крупного предпринимательства – в размере тридцати месячных расчетных
показателей.
Глава 31. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В
ОБЛАСТИ ИНФОРМАТИЗАЦИИ И СВЯЗИ Статья 636. Незаконное подключение оконечных устройств
(оборудования) к сетям электросвязи
1. Незаконное подключение оконечных устройств (оборудования) к сетям
электросвязи –
влечет предупреждение или штраф на физических лиц в размере пяти, на
субъектов малого предпринимательства или некоммерческие организации – в размере
двадцати, на субъектов среднего предпринимательства – в размере сорока, на
субъектов крупного предпринимательства – в размере ста месячных расчетных
показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере десяти, на субъектов малого
предпринимательства или некоммерческие организации – в размере тридцати пяти, на
субъектов среднего предпринимательства – в размере шестидесяти, на субъектов
крупного предпринимательства – в размере трехсот месячных расчетных показателей, с
конфискацией оконечных устройств (оборудования).
Примечание. Под оконечными устройствами (оборудованием) понимаются
подключаемые к линиям и находящиеся в пользовании абонентов технические средства
формирования сигналов электрической и радиосвязи для передачи и приема заданной
абонентами информации по каналам связи (радиотрансляционные точки, телефонные
аппараты, телефаксы, устройства передачи данных, оконечные установки различных
телематических служб, оборудование кабельного телевидения, удлинители телефонного
канала, радиотелефоны и другие).
Статья 637. Нарушение законодательства Республики
Казахстан в области связи
1. Нарушение законодательства Республики Казахстан в области связи,
совершенное в виде:
1) необоснованного отказа доминирующего оператора связи от присоединения
сетей телекоммуникаций к сети телекоммуникаций общего пользования, а также
нарушения порядка пропуска трафика;
2) нарушения сроков присоединения сетей телекоммуникаций к сети
телекоммуникаций общего пользования, предусмотренных законодательством Республики
Казахстан в области связи;
3) нарушения операторами связи уровней присоединения сетей телекоммуникаций,
включая пропуск трафика и порядок взаиморасчетов;
4) отключения и (или) ограничения связи с номерами бесплатных соединений с
экстренной медицинской, правоохранительной, пожарной, аварийной, справочной и
другими службами;
5) несоблюдения оператором связи размеров единиц тарификации;
6) ограничения операторами связи на своих сетях права абонентов по выбору
оператора междугородной и (или) международной телефонной связи;
7) неуведомления абонентов о стоимости соединения при предоставлении доступа
к интеллектуальным услугам (лотерея, голосование, телевикторина, викторина,
справочно-информационные службы, службы знакомств);
8) предоставления пользователям услуг связи, не соответствующих по качеству
стандартам, техническим нормам и показателям качества услуг связи;
9) использования радиочастотного спектра не по назначению вида связи и (или)
стандарта, а равно несоответствия технических параметров радиочастотного спектра и
радиоэлектронных средств данным, указанным в специальном разрешении;
10) несоблюдения оператором связи порядка осуществления переноса абонентских
номеров в сетях сотовой связи, а также организационно-технического взаимодействия с
оператором базы данных абонентских номеров при оказании услуг переноса абонентских
номеров, –
влечет штраф на должностных лиц, субъектов малого предпринимательства в
размере двадцати, на субъектов среднего предпринимательства – в размере сорока, на
субъектов крупного предпринимательства – в размере ста месячных расчетных
показателей.
2. Деяния, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф на должностных лиц, субъектов малого предпринимательства в
размере сорока, на субъектов среднего предпринимательства – в размере восьмидесяти,
на субъектов крупного предпринимательства – в размере двухсот месячных расчетных
показателей.
3. Нарушение обязанности по сбору и хранению служебной информации об
абонентах –
влечет штраф на субъектов малого предпринимательства в размере пятидесяти, на
субъектов среднего предпринимательства – в размере ста, на субъектов крупного
предпринимательства – в размере пятисот месячных расчетных показателей.
4. Действие, предусмотренное частью третьей настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф на субъектов малого предпринимательства в размере ста, на
субъектов среднего предпринимательства – в размере двухсот, на субъектов крупного
предпринимательства – в размере одной тысячи месячных расчетных показателей, с
приостановлением отдельного вида деятельности или действия лицензии на определенный
вид деятельности до трех месяцев.
Статья 638. Использование средств связи, подлежащих
обязательному подтверждению соответствия, но
не прошедших его
1. Использование в единой сети телекоммуникаций Республики Казахстан
технических средств связи, а равно использование радиоэлектронных средств и
высокочастотных устройств, являющихся источником электромагнитного излучения,
технических средств почтовой связи, подлежащих обязательному подтверждению
соответствия в области технического регулирования и не прошедших его, –
влекут предупреждение или штраф на физических лиц в размере пяти, на
субъектов малого предпринимательства или некоммерческие организации – в размере
шестидесяти, на субъектов среднего предпринимательства – в размере ста, на
субъектов крупного предпринимательства – в размере двухсот пятидесяти месячных
расчетных показателей.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет предупреждение или штраф на физических лиц в размере десяти, на
субъектов малого предпринимательства или некоммерческие организации – в размере ста
двадцати, на субъектов среднего предпринимательства – в размере ста пятидесяти, на
субъектов крупного предпринимательства – в размере трехсот пятидесяти месячных
расчетных показателей, с конфискацией несертифицированных средств связи.
Статья 639. Нарушение требований по эксплуатации средств
защиты информационных ресурсов
Нарушение требований по эксплуатации средств защиты информационных ресурсов –
влечет предупреждение или штраф на физических лиц в размере десяти, на
должностных лиц, субъектов малого предпринимательства или некоммерческие
организации – в размере двадцати, на субъектов среднего предпринимательства – в
размере тридцати, на субъектов крупного предпринимательства – в размере двухсот
месячных расчетных показателей.
Статья 640. Нарушение законодательства Республики
Казахстан об электронном документе и
электронной цифровой подписи
1. Невыполнение удостоверяющим центром обязанностей,
предусмотренных законодательным актом Республики Казахстан об электронном документе
и электронной цифровой подписи, –
влечет штраф в размере двухсот месячных расчетных показателей.
2. Невыполнение владельцем регистрационного свидетельства обязанностей,
предусмотренных законодательным актом Республики Казахстан об электронном документе
и электронной цифровой подписи, –
влечет штраф в размере пятидесяти месячных расчетных показателей.
3. Неправомерное получение закрытого ключа и (или) использование электронной
цифровой подписи другого лица –
влекут предупреждение или штраф на физических лиц в размере десяти, на
должностных лиц, субъектов малого предпринимательства или некоммерческие
организации – в размере двадцати, на субъектов среднего предпринимательства – в
размере ста, на субъектов крупного предпринимательства – в размере двухсот месячных
расчетных показателей.
4. Невыполнение участниками системы электронного документооборота
обязанностей, предусмотренных законодательным актом Республики Казахстан об
электронном документе и электронной цифровой подписи, –
влечет штраф на физических лиц в размере десяти, на должностных лиц,
субъектов малого предпринимательства или некоммерческие организации – в размере
двадцати, на субъектов среднего предпринимательства – в размере сорока, на
субъектов крупного предпринимательства – в размере двухсот месячных расчетных
показателей.
Статья 641. Нарушение законодательства Республики
Казахстан об информатизации
Использование электронных информационных ресурсов, содержащих
конфиденциальные сведения о физических и юридических лицах, в целях причинения им
имущественного и морального вреда, ограничения реализации прав и свобод,
гарантированных законодательными актами Республики Казахстан, –
влечет предупреждение или штраф на физических лиц в размере десяти, на
должностных лиц, субъектов малого предпринимательства или некоммерческие
организации – в размере двадцати, на субъектов среднего предпринимательства – в
размере сорока, на субъектов крупного предпринимательства – в размере двухсот
месячных расчетных показателей.
Глава 32. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ
ВОИНСКОЙ ОБЯЗАННОСТИ, ВОИНСКОЙ СЛУЖБЫ И ОБОРОНЫ
Статья 642. Непредставление или несвоевременное
представление в местный орган военного
управления списков граждан, подлежащих
первоначальной постановке на воинский учет
либо приписке к призывным участкам
Непредставление или несвоевременное представление в местный орган военного
управления в установленный срок списков граждан, подлежащих первоначальной
постановке на воинский учет либо приписке к призывным участкам, –
влечет штраф на должностных лиц организаций, учебных заведений, а также
должностных лиц организаций, осуществляющих эксплуатацию жилых домов, и
домовладельцев – в размере десяти, на первых руководителей организаций, учебных
заведений – в размере пятнадцати, на субъектов малого предпринимательства – в
размере двадцати, на субъектов среднего предпринимательства – в размере тридцати,
на субъектов крупного предпринимательства – в размере сорока месячных расчетных
показателей.
Статья 643. Противоправные действия (бездействие),
повлекшие неисполнение мероприятий
гражданской обороны
Противоправные действия (бездействие), повлекшие неисполнение
мероприятий гражданской обороны, –
влекут штраф в размере пятидесяти месячных расчетных показателей.
Статья 644. Неоповещение граждан о вызове местного органа
военного управления
Неоповещение руководителем или другим ответственным лицом организации,
ответственным за военно-учетную работу граждан, о вызове местного органа военного
управления, а равно необеспечение гражданам возможности своевременной явки по
вызову местного органа военного управления –
влекут штраф в размере десяти месячных расчетных показателей.
Статья 645. Несвоевременное представление сведений об
изменениях состава проживающих граждан,
состоящих или обязанных состоять на воинском
учете
Несвоевременное представление в органы, на которые возложено ведение
воинского учета, сведений об изменениях состава постоянно проживающих граждан,
состоящих или обязанных состоять на воинском учете, –
влечет штраф в размере десяти месячных расчетных показателей.
Статья 646. Несообщение сведений о военнообязанных,
призывниках и гражданах
1. Несообщение в установленный срок должностным лицом органа социальной
защиты населения о признании граждан, состоящих или обязанных состоять на воинском
учете, инвалидами, а также должностным лицом организаций здравоохранения сведений о
военнообязанных и призывниках, находящихся на стационарном лечении и диспансерном
учете, в местный орган военного управления –
влечет штраф в размере десяти месячных расчетных показателей.
2. Несообщение в установленный срок должностным лицом органа записи актов
гражданского состояния в местный орган военного управления о внесении изменений в
записи актов гражданского состояния граждан, состоящих или обязанных состоять на
воинском учете, –
влечет штраф в размере десяти месячных расчетных показателей.
3. Несообщение руководителем или другим должностным лицом организации в
орган, осуществляющий воинский учет, о принятых на работу (учебу) граждан,
обязанных состоять, но не состоящих на воинском учете по месту жительства, –
влечет штраф в размере десяти месячных расчетных показателей.
4. Несообщение в установленный законодательством срок должностными лицами
органов дознания и предварительного следствия, ответственными за уведомление о
военнообязанных и призывниках, в отношении которых ведется дознание или
предварительное следствие, в местный орган военного управления –
влечет штраф в размере десяти месячных расчетных показателей.
5. Несообщение в установленный законодательством срок должностными лицами
судов, ответственными за уведомление местного органа военного управления о
военнообязанных и призывниках, в отношении которых судом рассматриваются уголовные
дела, а также о вступивших в законную силу в их отношении приговорах, –
влечет штраф в размере десяти месячных расчетных показателей.
Статья 647. Неисполнение гражданами обязанностей по
воинскому учету
Неявка гражданина, состоящего или обязанного состоять на воинском учете, по
вызову местного органа военного управления в указанный срок без уважительной
причины либо прибытие в населенный пункт (административный район) на постоянное
место жительства или место временного пребывания (на срок свыше трех месяцев), а
также в служебные командировки, на учебу, в отпуск или на лечение (на срок свыше
трех месяцев), обязанного в течение семи рабочих дней обратиться в центр
обслуживания населения по месту прибытия с заявлением о постановке на воинский
учет, –
влекут штраф в размере пяти месячных расчетных показателей.
Статья 648. Уклонение от медицинского обследования или
сборов
1. Уклонение от медицинского освидетельствования либо обследования по
направлению комиссии по постановке граждан на воинский учет или призывной комиссии
–
влечет штраф на военнообязанных в размере пяти месячных расчетных
показателей, а на призывников – предупреждение либо штраф в размере трех месячных
расчетных показателей.
2. Уклонение военнообязанных от воинских сборов –
влечет штраф в размере пяти месячных расчетных показателей.
Статья 649. Умышленная порча или утрата документов
воинского учета
Умышленная порча или уничтожение военного билета или других учетно-воинских
документов гражданина, подлежащего призыву на воинскую службу, а равно утрата
военного билета или других учетно-воинских документов гражданина, подлежащего
призыву на воинскую службу, по вине владельца –
влекут предупреждение или штраф в размере пяти месячных расчетных
показателей.
Статья 650. Уклонение от подготовки к воинской службе
Уклонение от подготовки к воинской службе призывников по военно-техническим
специальностям по направлению местных органов военного управления или непосещение
занятий учебных организаций без уважительных причин -
влечет предупреждение или штраф в размере одного месячного расчетного
показателя.
Статья 651. Незаконный призыв граждан на срочную воинскую
службу и воинскую службу по контракту,
предоставление им незаконных отсрочек
Незаконный призыв граждан на срочную воинскую службу и воинскую службу по
контракту либо предоставление им незаконных отсрочек –
влечет штраф в размере семнадцати месячных расчетных показателей.
Статья 652. Нарушение законодательства Республики
Казахстан в области воинской службы
Сноска. Заголовок статьи 652 в редакции Закона РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
1. Оскорбление одним военнослужащим другого во время исполнения или в связи с
исполнением обязанностей воинской службы –
влечет штраф в размере двадцати пяти месячных расчетных показателей или
административный арест до десяти суток.
2. Действие, предусмотренное частью первой настоящей статьи, совершенное
повторно в течение года после наложения административного взыскания, –
влечет штраф в размере пятидесяти месячных расчетных показателей или
административный арест до пятнадцати суток.
3. Самовольное оставление части или места службы, а равно неявка в срок без
уважительных причин на службу при увольнении из части, назначении, переводе, из
командировки, отпуска или лечебного учреждения продолжительностью свыше двух суток,
но не более десяти суток, совершенные военнослужащим, проходящим воинскую службу по
призыву или по контракту, в мирное время, –
влекут штраф в размере двадцати пяти месячных расчетных показателей или
административный арест на срок до десяти суток.
4. Действия, предусмотренные частью третьей настоящей статьи,
продолжительностью свыше десяти суток, но не более одного месяца –
влекут штраф в размере пятидесяти месячных расчетных показателей или
административный арест на срок до пятнадцати суток.
5. Нарушение лицом, входящим в состав войскового наряда по охране
общественного порядка и обеспечению общественной безопасности, правил несения
службы, если это действие не содержит признаков уголовно наказуемого деяния, –
влечет штраф в размере десяти месячных расчетных показателей либо
административный арест до пяти суток.
6. Неповиновение, то есть открытый отказ от исполнения приказа начальника, а
равно иное умышленное неисполнение подчиненным приказа начальника, отданного в
установленном порядке, не причинившее
существенный вред интересам службы, –
влекут штраф в размере двадцати пяти месячных расчетных показателей или
административный арест на срок до пятнадцати суток.
Сноска. Статья 652 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 652-1. Неповиновение или иное неисполнение приказа
Сноска. Статья 652-1 исключена Законом РК от 29.12.2014 № 272-V (вводится в
действие 01.01.2015).
Статья 652-2. Самовольное оставление части или места
службы
Сноска. Статья 652-2 исключена Законом РК от 29.12.2014 № 272-V (вводится в
действие 01.01.2015).
Статья 652-3. Нарушение правил несения службы по охране
общественного порядка и обеспечению
общественной безопасности
Сноска. Статья 652-3 исключена Законом РК от 29.12.2014 № 272-V (вводится в
действие 01.01.2015).
Глава 33. АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ, ПОСЯГАЮЩИЕ
НА ИНСТИТУТ ГОСУДАРСТВЕННОЙ ВЛАСТИ Статья 653. Проявление неуважения к суду
1. Неуважение к суду, выразившееся в неявке в суд без уважительных причин
участников процесса и иных лиц по повестке, извещению, уведомлению или вызову в
случаях, когда дальнейшее рассмотрение дела в их отсутствие представляется суду
невозможным, неподчинении распоряжениям председательствующего в судебном заседании,
нарушении установленных в суде правил, а также иные действия (бездействие), явно
свидетельствующие о неуважении к суду и (или) судье, –
влекут предупреждение либо штраф в размере двадцати месячных расчетных
показателей либо административный арест на срок до пяти суток.
2. Действия (бездействие), предусмотренные частью первой настоящей статьи,
совершенные повторно в течение года после наложения административного взыскания, –
влекут штраф в размере тридцати месячных расчетных показателей либо
административный арест на срок до десяти суток.
Статья 654. Ответственность участников производства по
делу об административном правонарушении
Отказ или неявка участника производства в орган (к должностному лицу),
рассматривающий дело об административном правонарушении, без уважительной причины,
обусловившие отложение разбирательства по делу, –
влекут штраф в размере десяти месячных расчетных показателей.
Статья 655. Неявка в суд для исполнения обязанностей
присяжного заседателя
Неявка гражданина без уважительной причины по вызову в суд для
исполнения обязанностей присяжного заседателя –
влечет предупреждение или штраф на физических лиц в размере десяти месячных
расчетных показателей.
Статья 656. Непредоставление информации для составления
списков кандидатов в присяжные заседатели
Непредоставление информации, необходимой местным исполнительным органам для
составления списков кандидатов в присяжные заседатели, а равно предоставление
неверной информации –
влекут предупреждение или штраф в размере пятнадцати месячных расчетных
показателей.
Статья 657. Невыполнение присяжным заседателем
обязанностей, а также несоблюдение
ограничений, связанных с рассмотрением дела в
судебном разбирательстве
1. Невыполнение присяжным заседателем обязанностей, а также несоблюдение
ограничений, связанных с рассмотрением дела в судебном разбирательстве,
установленных законами Республики Казахстан, –
влекут штраф на физических лиц в размере двадцати месячных расчетных
показателей.
2. Те же действия, повлекшие отстранение присяжного заседателя от дальнейшего
участия в рассмотрении дела, –
влекут штраф на физических лиц в размере двухсот месячных расчетных
показателей.
Статья 658. Отказ или уклонение свидетеля от дачи
показаний
Отказ или неявка без уважительных причин лица, подлежащего опросу органом
(должностным лицом), уполномоченным рассматривать дела об административном
правонарушении, в качестве свидетеля от дачи показаний -
влечет штраф в размере двух месячных расчетных показателей.
Статья 659. Заведомо ложные показания свидетеля,
потерпевшего, заключение эксперта или
неправильный перевод
1. Заведомо ложные показания свидетеля, потерпевшего, заключение эксперта
органу (должностному лицу) при рассмотрении дела об административном правонарушении
и в ходе проведения экспертизы медицинской деятельности, а равно заведомо
неправильный перевод, сделанный переводчиком в тех же случаях, –
влекут штраф на физических лиц в размере десяти, на должностных лиц – в
размере двадцати месячных расчетных показателей.
2. Те же деяния, совершенные экспертами при проведении экспертизы медицинской
деятельности повторно в течение года после наложения административного взыскания, –
влекут штраф на физических лиц в размере двадцати, на должностных лиц – в
размере тридцати месячных расчетных показателей.
Примечание. Свидетель, потерпевший, эксперт или переводчик освобождаются от
административной ответственности, если они добровольно в ходе рассмотрения дела об
административном правонарушении до вынесения решения по делу уполномоченным на то
органом (должностным лицом) заявили о ложности данных ими показаний, заключения или
неправильном переводе.
Статья 660. Укрытие административного правонарушения и
фальсификация доказательств по делам об
административных правонарушениях
1. Умышленное непринятие мер по возбуждению производства по делу об
административном правонарушении при наличии состава правонарушения в течение срока
давности, совершенное должностным лицом, уполномоченным составлять протокол об
административном правонарушении, если это действие не содержит признаков уголовно
наказуемого деяния, –
влечет штраф в размере пятидесяти месячных расчетных показателей.
2. Фальсификация доказательств по делам об административных правонарушениях,
если это действие не повлекло причинение вреда здоровью человека или значительный
ущерб, –
влечет штраф в размере пятидесяти месячных расчетных показателей.
Сноска. Статья 660 в редакции Закона РК от 29.12.2014 № 272-V (вводится в
действие 01.01.2015).
Статья 661. Отказ или уклонение должностного лица от
выполнения постановления или поручения о
проведении экспертизы либо требования о
вызове специалиста
Отказ или неявка без уважительных причин должностного лица, которому
направлено постановление или поручение органа государственного надзора и контроля,
в проведении экспертизы либо от требования о вызове специалиста для участия в
проведении контроля, производстве оформления документов, производстве по делу об
административном правонарушении или его рассмотрении, от их выполнения –
влекут штраф в размере двадцати месячных расчетных показателей.
Статья 662. Нарушение личного поручительства о явке
обвиняемого (подозреваемого)
Нарушение или невыполнение лицами данного ими письменного поручительства о
явке обвиняемого (подозреваемого) к лицу, производящему дознание, следователю или в
суд, повлекшее уклонение обвиняемого (подозреваемого) от следствия или суда, –
влечет штраф в размере трех месячных расчетных показателей.
Статья 663. Нарушение обязательства об обеспечении явки
несовершеннолетнего обвиняемого
(подозреваемого)
Нарушение родителями, опекуном, попечителем или представителем администрации
специального закрытого детского учреждения данного ими письменного обязательства об
обеспечении явки переданного под присмотр несовершеннолетнего обвиняемого
(подозреваемого) к следователю, дознавателю или в суд, повлекшее его уклонение от
следствия и суда, –
влечет штраф в размере одного месячного расчетного показателя.
Статья 664. Непринятие мер по частному определению,
постановлению суда, представлению прокурора,
следователя или дознавателя
Оставление должностным лицом без рассмотрения частного определения,
постановления суда, представления прокурора, следователя или дознавателя либо
непринятие мер к устранению указанных в них нарушений закона, а равно
несвоевременный ответ на частное определение, постановление или представление –
влекут штраф в размере восьми месячных расчетных показателей.
Статья 665. Неявка к прокурору, следователю и в орган
дознания, судебному исполнителю, судебному
приставу
1. Неявка по вызову прокурора, следователя, органа дознания для дачи
показаний, к судебному исполнителю, судебному приставу по вопросам исполнительного
производства, а равно отказ от дачи или дача заведомо ложных показаний –
влекут штраф на физических лиц в размере трех, на должностных лиц – в размере
десяти месячных расчетных показателей.
2. Невыполнение требований прокурора, следователя, дознавателя, предъявленных
на основаниях и в порядке, установленных законом, –
влечет штраф на физических лиц в размере двадцати, на должностных лиц – в
размере пятидесяти месячных расчетных показателей либо административный арест до
пяти суток.
Статья 666. Неуведомление или несвоевременное уведомление
прокурора
Неуведомление или несвоевременное уведомление прокурора о производстве
государственным органом действий, требующих такого уведомления в соответствии
с законодательными актами, –
влечет штраф в размере двухсот месячных расчетных показателей.
Статья 667. Воспрепятствование законной деятельности
прокурора, следователя, дознавателя,
судебного пристава, судебного исполнителя
Воспрепятствование законной деятельности прокурора, следователя, дознавателя,
судебного пристава, судебного исполнителя, выразившееся в отказе беспрепятственного
по предъявлении служебного удостоверения доступа в здание, помещение или на
территорию государственного органа, организации, а также от представления
необходимых документов, материалов, статистических и иных сведений, проведения
проверок, ревизий и экспертиз, выделения специалистов, а равно невыполнение
требований –
влекут предупреждение или штраф на должностных лиц в размере двадцати
месячных расчетных показателей либо административный арест до пяти суток.
Статья 668. Воспрепятствование законной деятельности
адвоката
Воспрепятствование должностным лицом осуществлению законной деятельности
адвоката либо коллегии адвокатов, юридической консультации, адвокатской конторы,
выразившееся в непредставлении либо отказе от представления в
установленные законодательством сроки по письменному запросу необходимых
документов, материалов или сведений, требуемых для осуществления их
профессиональных обязанностей, если эти действия не имеют признаков уголовно
наказуемого деяния, –
влечет штраф в размере двадцати месячных расчетных показателей.
Статья 669. Неисполнение приговора суда, решения суда или
иного судебного акта и исполнительного
документа
Неисполнение приговора суда, решения суда или иного судебного акта и
исполнительного документа –
влечет штраф на физических лиц в размере десяти, на должностных лиц, частных
нотариусов, частных судебных исполнителей, адвокатов – в размере двадцати месячных
расчетных показателей или административный арест до пяти суток, на субъектов малого
предпринимательства – в размере тридцати, на субъектов среднего предпринимательства
– в размере сорока, на субъектов крупного предпринимательства – в размере
пятидесяти месячных расчетных показателей.
Статья 670. Неисполнение постановления и иного законного
требования судебного исполнителя, судебного
пристава
1. Неисполнение должностными и физическими лицами без уважительных причин
постановлений и законных требований судебного исполнителя, связанных с
исполнением исполнительного документа, в том числе о представлении в назначенный им
срок сведений о месте работы должника и его доходах, производстве удержания
согласно исполнительному документу и пересылке взысканной суммы взыскателю, по
обращению взыскания на денежные суммы и имущество должника, находящиеся у иных
физических и юридических лиц, –
влечет штраф на физических лиц в размере десяти, на юридических лиц – в
размере двадцати месячных расчетных показателей.
2. Представление судебному исполнителю заведомо недостоверных сведений, в том
числе о доходах и имущественном положении должника, –
влечет штраф на физических лиц в размере двадцати, на юридических лиц – в
размере пятидесяти месячных расчетных показателей.
3. Невыполнение законных требований судебного пристава –
влечет штраф в размере пятидесяти месячных расчетных показателей.
Статья 671. Несообщение судебному исполнителю о перемене
места работы и жительства лица, являющегося
должником по исполнительному производству
Несообщение по неуважительным причинам лицом, производящим удержание по
исполнительному документу, в месячный срок судебному исполнителю и лицу,
получающему алименты, об увольнении с работы лица, уплачивающего выплаты, а также о
новом месте его работы и жительства, если это ему известно, –
влечет штраф в размере десяти месячных расчетных показателей.
Статья 672. Утрата исполнительного документа
Утрата должностным лицом организации переданного ему для исполнения
исполнительного листа или другого исполнительного документа –
влечет штраф в размере тридцати месячных расчетных показателей.
Примечание. По данной статье к административной ответственности взыскатели не
привлекаются.
Статья 673. Воспрепятствование судебному исполнителю в
исполнении исполнительных документов
Воспрепятствование физическими лицами и юридическими лицами совершению
судебным исполнителем, судебным приставом действий по обращению взыскания на
имущество (опись, оценка, арест, проведение торгов) или отказ в выполнении в связи
с этим его требований –
влечет штраф на физических лиц в размере десяти, на должностных лиц – в
размере двадцати месячных расчетных показателей либо административный арест на срок
до пяти суток.
Статья 674. Незаконное ношение государственных наград
1. Ношение ордена, медали, нагрудного знака к почетному званию, знака отличия
Республики Казахстан, Казахской ССР, СССР или орденских лент и лент медалей на
планках лицом, не имеющим на то права, –
влечет штраф в размере трех месячных расчетных показателей с конфискацией
ордена, медали, нагрудного знака к почетному званию, знака отличия Республики
Казахстан, Казахской ССР, СССР или орденских лент и лент медалей на планках.
2. Учреждение или изготовление знаков, имеющих схожее название или внешнее
сходство с государственными наградами, –
влечет штраф на физических лиц в размере пяти, на должностных лиц – в размере
десяти месячных расчетных показателей, с конфискацией знаков.
Статья 675. Незаконное ношение (использование) одежды со
знаками различия и (или) символикой военной
формы, а также форменной одежды и
специального обмундирования
1. Незаконное ношение (использование) одежды со знаками различия и (или)
символикой военной формы, а также форменной одежды и специального обмундирования –
влечет штраф на физических лиц в размере пяти, на юридических лиц в размере
двадцати пяти месячных расчетных показателей, с конфискацией одежды со знаками
различия и (или) символикой военной формы, а также форменной одежды и специального
обмундирования.
2. То же действие, совершенное юридическим лицом, имеющим лицензию на
осуществление охранной деятельности, в связи с осуществлением этой деятельности, –
влечет штраф на юридических лиц в размере тридцати месячных расчетных
показателей с конфискацией одежды со знаками различия и (или) символикой военной
формы, а также форменной одежды и специального обмундирования.
Глава 34. АДМИНИСТРАТИВНЫЕ КОРРУПЦИОННЫЕ ПРАВОНАРУШЕНИЯ
Статья 676. Предоставление незаконного материального
вознаграждения физическими лицами
Предоставление физическими лицами лицам, уполномоченным на выполнение
государственных функций, или лицам, приравненным к ним, незаконного материального
вознаграждения, подарков, льгот либо услуг, если эти действия не содержат
признаков уголовно наказуемого деяния, –
влечет штраф в размере двухсот месячных расчетных показателей.
Статья 677. Получение незаконного материального
вознаграждения лицом, уполномоченным на
выполнение государственных функций, либо
приравненным к нему лицом
Получение лицом, уполномоченным на выполнение государственных функций, либо
приравненным к нему лицом лично или через посредника незаконного материального
вознаграждения, подарков, льгот либо услуг за действия (бездействие) в пользу лиц,
их предоставивших, если такие действия (бездействие) входят в служебные полномочия
лица, уполномоченного на выполнение государственных функций, либо приравненного к
нему лица, если эти действия не содержат признаков уголовно наказуемого деяния, –
влечет штраф в размере шестисот месячных расчетных показателей.
Статья 678. Предоставление незаконного материального
вознаграждения юридическими лицами
1. Предоставление юридическими лицами лицам, уполномоченным на выполнение
государственных функций, или лицам, приравненным к ним, незаконного материального
вознаграждения, подарков, льгот либо услуг, если эти действия не содержат признаков
уголовно наказуемого деяния, –
влечет штраф в размере семисот пятидесяти месячных расчетных показателей.
2. Действия, предусмотренные частью первой настоящей статьи, совершенные
повторно в течение года после наложения административного взыскания, –
влекут штраф в размере тысячи пятисот месячных расчетных показателей.
Статья 679. Осуществление незаконной предпринимательской
деятельности и получение незаконных доходов
государственными органами и органами местного
самоуправления
Занятие государственными органами, органами местного самоуправления
предпринимательской деятельностью вне возложенных на них законодательством функций
либо принятие материальных благ и преимуществ, помимо установленных источников
финансирования, –
влечет штраф на руководителей этих организаций в размере шестисот месячных
расчетных показателей.
Статья 680. Непринятие мер руководителями государственных
органов по борьбе с коррупцией
Непринятие руководителями либо ответственными секретарями или иными
должностными лицами, определяемыми Президентом Республики Казахстан,
государственных органов, Вооруженных Сил Республики Казахстан, других войск и
воинских формирований Республики Казахстан в пределах своих полномочий мер в
отношении подчиненных им лиц, виновных в совершении коррупционных правонарушений,
либо принятие указанных мер с нарушением законодательства о борьбе с коррупцией,
либо непредоставление соответствующей информации в органы государственных доходов
по месту жительства виновных лиц –
влечет штраф в размере ста месячных расчетных показателей.
Статья 681. Принятие на работу лиц, ранее совершивших
коррупционное преступление
Принятие руководителем государственных органов, учреждений и предприятий либо
руководителем национальных компаний, национальных управляющих холдингов,
национальных холдингов, национальных институтов развития, а также их дочерних
организаций на работу лиц, ранее совершивших коррупционное преступление, –
влечет штраф в размере ста месячных расчетных показателей.
РАЗДЕЛ 3. ОРГАНЫ, УПОЛНОМОЧЕННЫЕ РАССМАТРИВАТЬ
ДЕЛА ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ
Глава 35. ОСНОВНЫЕ ПОЛОЖЕНИЯ
Статья 682. Органы (должностные лица), уполномоченные
рассматривать дела об административных
правонарушениях
Дела об административных правонарушениях рассматривают:
1) судьи специализированных административных судов;
2) судьи специализированных межрайонных судов по делам несовершеннолетних;
3) должностные лица государственных органов, уполномоченные настоящим
Кодексом.
Примечание. Если на территории соответствующей административно-
территориальной единицы не образованы специализированный межрайонный
административный суд и специализированный межрайонный суд по делам
несовершеннолетних, отнесенные к их подсудности дела вправе рассматривать районные
(городские) суды.
Статья 683. Разграничение компетенции органов
(должностных лиц), уполномоченных
рассматривать дела об административных
правонарушениях
1. Судьи рассматривают дела об административных правонарушениях, отнесенных к
их ведению настоящим Кодексом.
2. Должностные лица государственных органов, уполномоченные рассматривать
дела об административных правонарушениях, рассматривают дела и налагают
административные взыскания за административные правонарушения, за исключением дел,
указанных в статье 684 настоящего Кодекса.
3. Дела об административных правонарушениях, за которые в качестве одного из
видов административного взыскания предусмотрены административный арест,
административное выдворение за пределы Республики Казахстан иностранцев либо лиц
без гражданства, конфискация предметов, явившихся орудием либо предметом совершения
административного правонарушения, а равно конфискация доходов (дивидендов), денег и
ценных бумаг, полученных вследствие совершения административного правонарушения,
лишение специального права, предоставляемого конкретному лицу (в том числе право
управления транспортным средством), лишение лицензий, специального разрешения,
квалификационного аттестата (свидетельства) на определенный вид деятельности, либо
совершение определенных действий, принудительный снос незаконно возводимого или
возведенного строения, приостановление или запрещение деятельности, рассматриваются
судьей.
4. В соответствии со статьей 24 настоящего Кодекса по письменному заявлению
лица, в отношении которого ведется производство по делу об административном
правонарушении, дело о любом правонарушении, предусмотренном Особенной
частью раздела 2 настоящего Кодекса, рассматривается судьей, если оно подано до
рассмотрения дела об административном правонарушении.
5. По письменному заявлению законного представителя лица, в отношении
которого ведется производство по делу об административном правонарушении, или
потерпевшего, являющихся несовершеннолетними или по своему физическому или
психическому состоянию лишенных возможности самостоятельно осуществлять свои права,
дело может быть рассмотрено в специализированных районных и приравненных к ним
административных судах, а при отсутствии таковых в судах общей юрисдикции.
Глава 36. ПОДВЕДОМСТВЕННОСТЬ ДЕЛ ОБ АДМИНИСТРАТИВНЫХ
ПРАВОНАРУШЕНИЯХ, КОМПЕТЕНЦИЯ ДОЛЖНОСТНЫХ ЛИЦ ПО
РАССМОТРЕНИЮ ДЕЛ И НАЛОЖЕНИЮ АДМИНИСТРАТИВНЫХ ВЗЫСКАНИЙ Статья 684. Суды
1. Судьи специализированных районных и приравненных к ним административных
судов рассматривают дела об административных правонарушениях,
предусмотренных статьями 73, 74, 75 (частями первой, второй, пятой и
шестой), 76, 77, 78, 79, 80 (частью четвертой), 81 (частью второй), 82 (частью
второй), 82-1, 85, 86 (частью
четвертой), 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 11
3, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 139 (частью
второй), 145, 149, 150, 151 (частью второй), 153, 154, 158, 159, 160 (частью
второй), 169 (частями второй, седьмой, десятой, одиннадцатой, двенадцатой,
тринадцатой и четырнадцатой), 170 (частями седьмой и девятой), 171, 173, 174
(частью второй), 175, 176, 182, 183, 184, 185, 187 (частями второй, третьей,
четвертой и пятой), 189, 190 (частями второй, третьей и четвертой), 191, 193
(частями второй и третьей), 199 (частью второй), 200, 211 (частью
первой), 214, 216, 219, 233 (частью третьей), 235, 236, 237, 245, 246, 247 (частью
шестой), 251, 252 (частью второй), 281 (частями четвертой, пятой и шестой), 282
(частями третьей, четвертой, шестой, седьмой, девятой, одиннадцатой и
тринадцатой), 283, 294 (частями первой и второй), 296 (частью второй), 299 (частью
второй), 310, 311, 312 (частью второй), 313, 314, 316 (частью второй), 317 (частью
четвертой), 319, 320 (частями первой, второй, третьей и четвертой), 326 (частями
третьей и четвертой), 333 (частью второй), 356 (частью четырнадцатой), 357, 360
(частью первой), 382 (частями второй и третьей), 383 (частями третьей и
четвертой), 385 (частью второй), 389, 392 (частью третьей), 395 (частью
второй), 396 (частью второй), 397 (частью четвертой), 398, 399 (частями второй и
третьей), 400 (частью второй), 401 (частями шестой и седьмой), 402 (частью
четвертой), 404 (частью девятой), 405 (частью первой), 407 (частями второй и
третьей), 409 (частью седьмой), 410-1, 413, 414, 415 (частью второй), 416, 417
(частями первой и шестой), 419 (частью второй), 422, 423 (частью второй), 424
(частями третьей и пятой), 425 (частью второй), 426 (частями второй и
третьей), 427, 433 (частью второй), 434, 436, 439, 440 (частями четвертой и
пятой), 443 (частью второй), 444 (частью первой), 445, 446, 449 (частями второй и
третьей), 450, 451, 452 (частями третьей, четвертой и шестой и подпунктами 4), 5) и
6) части девятой), 453, 454 (частью второй), 455 (частью
четвертой), 456, 461, 462, 463, 464 (частью второй), 465, 467, 469 (частью
второй), 470 (частью второй), 476, 477, 478, 479, 480, 481, 482, 483, 485 (частью
второй), 488, 489 (частями второй, третьей, четвертой, пятой, шестой, седьмой и
восьмой), 490, 495 (частью второй), 496 (частью
второй), 498, 506, 507, 508, 509, 512 (частью второй), 513 (частью второй), 514
(частью второй), 516, 517 (частями второй, четвертой, пятой, шестой и седьмой), 528
(частью первой), 532, 541, 543 (частями первой и третьей), 544, 545, 548 (частью
второй), 549, 550, 551 (частью второй), 552 (частью второй), 563 (частью
второй), 564 (частью пятой), 569 (частями первой, второй и четвертой), 583 (частью
второй), 590 (частью четвертой), 596 (частями третьей и пятой), 603(частями первой
и второй), 604 (частью второй), 605 (частями третьей и четвертой), 606 (частью
второй), 607 (частью второй), 608, 610, 611 (частями второй и третьей), 613
(частями первой, второй, третьей, четвертой, пятой, шестой, седьмой, восьмой,
девятой, десятой и одиннадцатой), 615 (частью четвертой), 618, 621 (частью
третьей), 636 (частью второй), 637 (частью четвертой), 638 (частью
второй), 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 664, 665, 666,
667, 668, 669, 673, 674, 675, 676, 677, 678, 679, 680, 681 настоящего Кодекса, за
исключением случаев, предусмотренных частью третьей настоящей статьи.
2. Судьи специализированных межрайонных судов по делам несовершеннолетних
рассматривают дела:
1) об административных правонарушениях, совершенных несовершеннолетними,
предусмотренных статьями 435, 436 (частью третьей), 438 (частью третьей), 440
(частями четвертой и пятой), 442, 448 настоящего Кодекса;
2) об административных правонарушениях, предусмотренных статьями
127, 128, 129, 130, 131, 132, 133, 134, 135, 430 (частью второй), 663 настоящего
Кодекса.
3. Судьи Верховного Суда, областных, районных и приравненных к ним судов
рассматривают дела, предусмотренные статьей 653 настоящего Кодекса, о фактах
проявления неуважения к суду со стороны присутствующего в процессе лица,
установленных в ходе судебного разбирательства.
Сноска. Статья 684 с изменениями, внесенными законами РК от 07.11.2014 № 248-
V (вводится в действие с 01.01.2015); от 29.12.2014 № 269-V (вводится в действие с
01.01.2015); от 29.12.2014 № 272-V (вводится в действие 01.01.2015); от 19.05.2015
№ 315-V (вводится в действие по истечении десяти календарных дней после дня его
первого официального опубликования).
Статья 685. Органы внутренних дел (полиция)
1. Органы внутренних дел рассматривают дела об административных
правонарушениях, предусмотренных статьями 146, 147, 156, 190 (частью
первой), 192, 196, 197, 198, 204, 230 (частью второй) (в части правонарушений,
совершенных владельцами транспортных средств и перевозчиками на автомобильном
транспорте и городском рельсовом транспорте), 334, 359, 364, 382 (частью
первой), 383 (частями первой и второй), 386, 395 (частью первой), 396 (частью
первой), 408, 420, 421, 423 (частью первой), 432, 433 (частью первой), 437, 438
(частями первой и второй), 440 (частями первой, второй и третьей), 441, 443 (частью
первой), 444 (частью второй), 447, 449 (частью первой), 458, 464 (частью
первой), 469 (частью первой), 470 (частью первой), 484, 485 (частью
первой), 486, 487, 489 (частями первой, девятой, десятой и
одиннадцатой), 492, 493, 494, 495 (частью первой), 496 (частями первой и
третьей), 505, 510, 512 (частью первой), 513 (частью первой), 514 (частью
первой), 515, 517 (частью первой и третьей), 518, 519 (частями первой, третьей,
пятой и шестой), 559 (частями первой, второй, четвертой и пятой), 560, 562, 564
(частью четвертой), 566, 572 (частью второй), 574, 590 (частями первой, второй
третьей, пятой, шестой, седьмой, восьмой, девятой и десятой), 591, 592, 593
(частями первой и восьмой), 594, 595, 596 (частями первой, второй и
четвертой), 597, 598, 599, 600, 601, 602, 603 (частью третьей), 604 (частью
первой), 605 (частями первой, второй, пятой, шестой и седьмой), 606 (частью
первой), 607 (частью первой), 609, 611 (частью первой), 612, 613 (частями
двенадцатой и тринадцатой), 614, 615 (частями первой, второй и
третьей), 617, 619, 620, 621 (частями первой, второй, четвертой), 622, 625 (за
исключением нарушений на автомобильном транспорте), 626, 630, 631, 632, 635
настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания от имени органов внутренних дел вправе:
1) по всем статьям настоящего Кодекса, отнесенным к подведомственности
органов внутренних дел, – начальники органов внутренних дел и их заместители;
2) за административные правонарушения, предусмотренные статьями
146, 147, 192, 197, 198, 204, 364, 382 (частью первой), 383 (частью первой и
второй), 386, 395 (частью первой), 396 (частью первой), 408, 433 (частью
первой), 437, 438 (частями первой и второй), 440 (частями первой, второй и
третьей), 441, 443, 444 (частью второй), 484, 487, 492, 493, 494, 505 (частью
первой), 510, 512 (частью первой), 513 (частью первой), 514 (частью
первой), 515, 517 (частями первой и третьей), 518, 519 (частями первой, третьей,
пятой и шестой) настоящего Кодекса, – начальники городских, районных отделений
органов внутренних дел;
3) за административные правонарушения, предусмотренные
статьями 196, 197, 204, 382 (частью первой), 440 (частями первой, второй и
третьей), 441, 443, 444 (частью второй), 484, 487, 510, 513 (частью первой), 514
(частью первой), 515, 519 (частями первой, третьей, пятой и шестой), 559 (частями
первой, второй, четвертой, пятой), 560, 562, 564 (частью четвертой), 566, 621
(частью первой), 630 (частью первой) настоящего Кодекса, – начальники линейных
отделений, линейных пунктов органов внутренних дел;
4) за административные правонарушения, предусмотренные статьями 146, 204, 230
(частью второй) (в части правонарушений, совершенных владельцами транспортных
средств и перевозчиками на автомобильном транспорте и городском рельсовом
транспорте), 334, 364, 383 (частями первой и второй), 386, 408, 437 (частью
первой), 440 (частями первой, второй и третьей), 441, 444 (частью
второй), 492, 493, 494, 505, 572, 574, 590 (частями первой, второй, пятой, шестой,
седьмой и девятой), 591 (частью первой), 592 (частями первой и второй), 593 (частью
первой), 594 (частями первой, второй и третьей), 595 (частями первой, второй и
третьей), 596 (частями первой и второй), 597 (частями первой, второй, третьей и
четвертая), 598(частями первой и второй), 599 (частью первой), 600 (частью
первой), 601 (частью первой), 602 (частью первой), 607 (частью первой), 609 (частью
первой), 611 (частью первой), 612 (частями первой, второй и третьей), 613 (частью
двенадцатой), 615 (частями первой и второй), 620, 621 (частями первой и
четвертой), 630 (частью первой) (в отношении физических лиц) настоящего Кодекса, –
сотрудники органов внутренних дел (полиции), имеющие специальные звания;
5) за административные правонарушения, предусмотренные статьями 590 (частями
третьей, восьмой и десятой), 591 (частью второй), 592 (частями третьей и
четвертой), 593 (частью восьмой), 594 (частью четвертой), 595 (частью
четвертой), 596 (частью четвертой), 597 (частями пятой и шестой), 598 (частью
третьей), 599 (частью второй), 600 (частью второй), 601 (частью второй), 602
(частью второй), 603 (частью третьей), 606 (частью первой), 609 (частью
второй), 612 (частями четвертой, пятой и шестой), 613 (частью
тринадцатой), 614, 615 (частью третьей), 617, 619, 630, 631, 632 настоящего
Кодекса, – председатель комитета, начальники управлений, отделов, отделений
административной полиции органов внутренних дел и их заместители;
6) за административные правонарушения, предусмотренные статьями 364, 382
(частью первой), 383 (частью первой и второй), 386, 408, 505 настоящего Кодекса, –
начальники и их заместители подразделений природоохранной полиции органов
внутренних дел;
7) за административные правонарушения, предусмотренные статьями 440 (частями
второй и третьей), 443, 444 (частью второй) настоящего Кодекса, – сотрудники
подразделений по делам несовершеннолетних органов внутренних дел;
8) за административные правонарушения, предусмотренные статьями 383 (частями
первой и второй), 395 (частью первой), 396 (частью первой), настоящего Кодекса, –
начальники и их заместители специализированных подразделений полиции органов
внутренних дел по борьбе с преступными посягательствами на рыбные запасы;
9) за административные правонарушения, предусмотренные статьями 492, 495
(частью первой), 517 (частями первой и третьей), 518, 519 (частями первой, третьей,
пятой и шестой) настоящего Кодекса, – начальники управлений, отделов, отделений
миграционной полиции органов внутренних дел и их заместители.
Сноска. Статья 685 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 686. Уполномоченный орган в сфере гражданской
защиты
1. Уполномоченный орган в сфере гражданской защиты рассматривает дела об
административных правонарушениях:
1) в области пожарной безопасности, предусмотренных статьями
336, 359, 367, 410, 411, 438 (частями первой и второй) 589 настоящего Кодекса;
2) исключен Законом РК от 29.12.2014 № 272-V (вводится в действие
01.01.2015);
3) в области гражданской обороны, предусмотренных статьями 412 и 643
настоящего Кодекса.
2. От имени органов государственной противопожарной службы рассматривать дела
и налагать административные взыскания от имени уполномоченного органа в сфере
гражданской защиты вправе:
1) государственный инспектор области, города республиканского значения,
столицы, района, города областного значения, района в городе по государственному
контролю в области пожарной безопасности – штраф на физических лиц до пятнадцати,
на должностных лиц до тридцати пяти размеров месячного расчетного показателя;
2) государственный инспектор Республики Казахстан по государственному
контролю в области пожарной безопасности, главный государственный инспектор
области, города республиканского значения, столицы по государственному контролю в
области пожарной безопасности и его заместитель – штраф на физических лиц до
тридцати пяти, на должностных лиц – до ста, на субъектов предпринимательства,
некоммерческих организаций – до трехсот размеров месячного расчетного показателя;
3) главный государственный инспектор Республики Казахстан по государственному
контролю в области пожарной безопасности и его заместитель – штраф на физических
лиц до двухсот, на должностных лиц – до пятисот, на субъектов предпринимательства,
некоммерческих организаций – до двух тысяч размеров месячного расчетного
показателя.
3. Исключен Законом РК от 29.12.2014 № 272-V (вводится в действие
01.01.2015).
4. Рассматривать дела об административных правонарушениях, связанных с
неисполнением мероприятий гражданской обороны, и налагать административные
взыскания от имени уполномоченного органа в сфере гражданской защиты вправе:
1) государственный инспектор области, города республиканского значения,
столицы, района, города областного значения, района в городе по государственному
контролю в области гражданской обороны – штраф на физических лиц до трех, на
должностных лиц до десяти размеров месячного расчетного показателя;
2) государственный инспектор Республики Казахстан по государственному
контролю в области гражданской обороны, главный государственный инспектор области,
города республиканского значения, столицы по государственному контролю в области
гражданской обороны и его заместитель – штраф на физических, должностных и
юридических лиц – до сорока размеров месячного расчетного показателя;
3) главный государственный инспектор Республики Казахстан по государственному
контролю в области гражданской обороны и его заместитель – штраф на физических,
должностных и юридических лиц – до пятидесяти размеров месячного расчетного
показателя.
Сноска. Статья 686 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 687. Уполномоченный орган по изучению и
использованию недр
1. Уполномоченный орган по изучению и использованию недр рассматривает дела
об административных правонарушениях, предусмотренных статьями 140 (частью
первой), 344, 345, 346, 348, 349, 350, 352, 353, 354, 355, 356 (частью
первой), 391, 392 (частями первой и второй), 393, 394, 395 (частью первой), 396
(частью первой) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе:
1) территориальные старшие государственные и территориальные государственные
инспекторы по изучению и использованию недр – штраф до ста пятидесяти размеров
месячного расчетного показателя;
2) государственные инспекторы Республики Казахстан по изучению и
использованию недр, заместители территориальных главных государственных инспекторов
по изучению и использованию недр – штраф до двухсот пятидесяти размеров месячного
расчетного показателя;
3) старшие государственные инспекторы Республики Казахстан по изучению и
использованию недр, территориальные главные государственные инспекторы по изучению
и использованию недр – штраф до пятисот размеров месячного расчетного показателя;
4) главный государственный инспектор Республики Казахстан по изучению и
использованию недр и его заместители – штраф до тысячи размеров месячного
расчетного показателя.
Статья 688. Уполномоченный орган в области нефти и газа
1. Уполномоченный орган в области нефти и газа рассматривает дела об
административных правонарушениях, предусмотренных статьями 170 (частями первой,
второй, третьей, четвертой, пятой, шестой и восьмой), 356 (частями третьей,
четвертой, пятой, шестой, седьмой, восьмой, девятой, десятой и тринадцатой), 464
(частью первой) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе должностные лица ведомства и руководители
территориальных подразделений уполномоченного органа в области нефти и газа.
Сноска. Статья 688 в редакции Закона РК от 29.12.2014 № 272-V (вводится в
действие по истечении десяти календарных дней после дня его первого официального
опубликования).
Статья 689. Орган, осуществляющий государственный контроль
в области энергосбережения и повышения
энергоэффективности
1. Орган, осуществляющий государственный контроль в области энергосбережения
и повышения энергоэффективности, рассматривает дела об административных
правонарушениях, предусмотренных статьями 289, 290, 291, 292, 293, 294 (частями
третьей и четвертой), 296 (частью первой) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководители территориальных подразделений
органа, осуществляющего государственный контроль в области энергосбережения и
повышения энергоэффективности.
Сноска. Статья 689 в редакции Закона РК от 29.12.2014 № 272-V (вводится в
действие 01.01.2015).
Статья 690. Органы по государственному энергетическому
надзору и контролю
1. Органы по государственному энергетическому надзору и контролю
рассматривают дела об административных правонарушениях, предусмотренных статьями
144 (частью первой (за исключением эксплуатации тепломеханического оборудования
котельных всех мощностей и тепловых сетей (магистральных, внутриквартальных),
технической эксплуатации теплоиспользующих установок потребителей), 172 (за
исключением эксплуатации тепломеханического оборудования котельных всех мощностей и
тепловых сетей (магистральных, внутриквартальных), технической эксплуатации
теплоиспользующих установок потребителей), 300 (за исключением котельных всех
мощностей и тепловых сетей (магистральных, внутриквартальных), 301 (за исключением
котельных всех мощностей и тепловых сетей (магистральных,
внутриквартальных), 302, 303 (за исключением котельных всех мощностей), 305 (за
исключением в охранных зонах тепловых сетей (магистральных, внутриквартальных)
настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководители территориальных подразделений
органов по государственному энергетическому надзору и контролю.
Сноска. Статья 690 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 691. Уполномоченный орган в области транспорта и
коммуникаций
1. Уполномоченный орган в области транспорта и коммуникаций рассматривает
дела об административных правонарушениях, предусмотренных статьями 230 (частью
второй) (в части правонарушений, совершенных перевозчиками на железнодорожном,
морском и внутреннем водном транспорте), 464 (частью первой), 563 (частью
первой), 564(частями первой, второй, третьей и четвертой), 565, 566 (частью
первой), 580, 581 (частью первой), 582, 583 (частью первой), 589, 625 (в части
нарушений на судах морского и воздушного транспорта), 633, 634 настоящего Кодекса.
Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководители уполномоченного органа в области
транспорта и коммуникаций, его территориальных подразделений и их заместители.
2. Органы транспортного контроля рассматривают дела об административных
правонарушениях, предусмотренных статьями 333 (частью первой), 441 (частями первой
и второй), 464 (частью первой), 559, 560, 561, 562, 571, 572 (частью
первой), 573, 575, 576, 577, 578 , 579, 580, 581, 582, 583 (частями первой,
третьей), 584, 585, 586, 587, 588, 589 (кроме нарушений на судах воздушного
транспорта), 590 (частью восьмой), 593 (частями второй, третьей, четвертой, пятой,
шестой и седьмой), 609, 616, 621 (частями первой, второй, четвертой), 623, 624, 625
(кроме нарушений на судах воздушного транспорта), 627, 628, 631 (частью первой)
настоящего Кодекса.
Рассматривать дела об административных правонарушениях и налагать
административные взыскания от имени органов транспортного контроля вправе:
1) по всем статьям настоящего Кодекса, отнесенным к подведомственности
органов транспортного контроля, – руководитель органа транспортного контроля и его
заместители, начальники территориальных органов транспортного контроля и их
заместители;
2) по административным правонарушениям, предусмотренным статьями 441 (частью
первой), 464 (частью первой), 560, 561, 562, 571, 572 (частью
первой), 573, 575, 576, 582, 583 (частями первой, третьей), 584, 585, 587, 588, 589
(кроме нарушений на судах воздушного транспорта), 590 (частью восьмой), 593
(частями второй, четвертой и пятой), 609, 616, 621 (частями первой, второй,
четвертой), 623, 625 (кроме нарушений на судах воздушного транспорта), 627, 631
(частью первой) настоящего Кодекса, – уполномоченные на то должностные лица органов
транспортного контроля.
Размеры штрафа, налагаемого должностными лицами, указанными в абзаце
четвертом части второй настоящей статьи, не могут превышать двадцать месячных
расчетных показателей.
3. Уполномоченный орган в области государственного регулирования гражданской
авиации рассматривает дела об административных правонарушениях, предусмотренных
статьями 230 (частью второй) (в части правонарушений, совершенных перевозчиками на
воздушном транспорте), 564 (за исключением дел о нарушениях, предусмотренных
частями первой, третьей и четвертой этой статьи, совершенных на аэродромах, не
относящихся к гражданской авиации, или в районе таких аэродромов, частью
пятой), 565, 566 (частью первой), 567, 568, 569 (частями третьей, пятой, шестой,
седьмой и восьмой), 570, 571 (частью первой), 589, 623 (за совершение нарушений на
воздушном транспорте), 626 настоящего Кодекса.
Рассматривать дела об административных правонарушениях и налагать
административные взыскания от имени уполномоченного органа в сфере гражданской
авиации вправе:
1) по всем статьям настоящего Кодекса, отнесенным к подведомственности
уполномоченного органа в сфере гражданской авиации, – руководитель уполномоченного
органа в сфере гражданской авиации и его заместители;
2) по административным правонарушениям, предусмотренным статьями 564 (за
исключением дел о нарушениях, предусмотренных частями первой, третьей и четвертой
этой статьи, совершенных на аэродромах, не относящихся к гражданской авиации, или в
районе таких аэродромов), 565, 569 (частями третьей, пятой, шестой и седьмой),
589, 623 (за совершение нарушений на воздушном транспорте) настоящего Кодекса, –
уполномоченные на то должностные лица уполномоченного органа в сфере гражданской
авиации.
Сноска. Статья 691 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 692. Уполномоченный орган в области связи и
информатизации
1. Уполномоченный орган в области связи и информатизации рассматривает дела
об административных правонарушениях, предусмотренных статьями 464 (частью
первой), 636 (частью первой), 637 (частями первой, второй и третьей), 638 (частью
первой), 639, 640, 641 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе:
1) руководитель уполномоченного органа в области информатизации и связи и его
заместители;
2) руководители территориальных органов уполномоченного органа в области
информатизации и связи.
Статья 693. Органы, осуществляющие государственный
контроль в области трудового законодательства
Республики Казахстан
1. Органы государственной инспекции труда рассматривают дела об
административных правонарушениях, предусмотренных статьями 83 (в части
правонарушений, совершенных работодателями), 86 (частями первой, второй и
третьей), 87, 88, 89, 90, 93, 94, 95, 96, 97, 98, 230 (частью второй в части
правонарушений, совершенных работодателями), 519 (частями первой, второй, третьей,
пятой и шестой), 520 настоящего Кодекса.
2. Исключен Законом РК от 29.12.2014 № 269-V (вводится в действие с
01.01.2015).
3. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе:
1) государственные инспекторы труда;
2) исключен Законом РК от 29.12.2014 № 269-V (вводится в действие с
01.01.2015).
Сноска. Статью 693 с изменениями, внесенными Законом РК от 29.12.2014 № 269-
V (вводится в действие с 01.01.2015).
Статья 694. Органы юстиции
1. Органы юстиции рассматривают дела об административных правонарушениях,
предусмотренных статьями 230 (частью второй) (когда эти нарушения совершены
частными нотариусами), 457, 459, 460, 468, 670, 671 и 672 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководитель уполномоченного органа в области
прав интеллектуальной собственности, государственной регистрации нормативных
правовых актов, в сфере обеспечения исполнения исполнительных документов и его
заместители, руководитель областного, городов Астаны и Алматы органов юстиции и его
заместители.
Сноска. Статья 694 в редакции Закона РК от 29.12.2014 № 272-V (вводится в
действие 01.01.2015).
Статья 695. Уполномоченный орган в сфере государственной
регистрации прав на недвижимое имущество,
юридических лиц, актов гражданского состояния,
регулирования оценочной деятельности
1. Уполномоченный орган в сфере государственной регистрации прав на
недвижимое имущество, юридических лиц, актов гражданского состояния, регулирования
оценочной деятельности рассматривает дела об административных правонарушениях,
предусмотренных статьями 464 (частью первой), 466 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководители уполномоченного органа в сфере
государственной регистрации прав на недвижимое имущество, юридических лиц, актов
гражданского состояния, регулирования оценочной деятельности, его территориальных
подразделений и их заместители.
Сноска. Статья 695 в редакции Закона РК от 29.12.2014 № 272-V (вводится в
действие 01.01.2015).
Статья 696. Органы по миграции
1. Органы по миграции рассматривают дела об административных правонарушениях,
предусмотренных статьей 520 (в пределах их компетенции) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководитель органа по миграции Республики
Казахстан, начальник областного, городов Астаны и Алматы и приравненного к нему
органа по миграции.
Статья 697. Уполномоченный орган в области охраны
окружающей среды
1. Уполномоченный орган в области охраны окружающей среды рассматривает дела
об административных правонарушениях, предусмотренных статьями 139 (частью
первой), 140 (частью второй), 230 (частью второй в части правонарушений,
совершенных лицами, осуществляющими экологически опасные виды хозяйственной и иной
деятельности), 297 (частью первой), 324, 325, 326 (частями первой и
второй), 327, 328, 329, 330, 331, 332, 333 (частью
первой), 334, 335, 336, 337, 344, 346, 347, 351, 352, 353, 356 (частью
второй), 358, 374, 377, 379, 391, 392 (частью первой), 393 (частью
первой), 394, 395 (частью первой), 396 (частью первой), 397 (частями первой, второй
и третьей), 399 (частью первой), 464 (частью первой) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе:
1) государственные экологические инспекторы и старшие государственные
экологические инспекторы областей, городов республиканского значения, столицы –
штраф на физических лиц до двадцати, на должностных лиц – до пятидесяти, на
юридических лиц – до двухсот размеров месячного расчетного показателя;
2) государственные экологические инспекторы Республики Казахстан – штраф на
физических лиц до двадцати, на должностных лиц – до семидесяти, на юридических лиц
– до двухсот пятидесяти размеров месячного расчетного показателя;
3) старшие государственные экологические инспекторы Республики Казахстан –
штраф на физических лиц до сорока, на должностных лиц – до трехсот, на юридических
лиц – до пятисот размеров месячного расчетного показателя;
4) главные государственные экологические инспекторы областей, городов
республиканского значения, столицы – штраф на физических лиц до пятидесяти, на
должностных лиц – до ста пятидесяти, на юридических лиц – до двух тысяч размеров
месячного расчетного показателя, а также штраф, выраженный в процентах от суммы
операции, проведенной с нарушением законодательства Республики Казахстан, либо
суммы нанесенного окружающей среде вреда;
5) Главный государственный экологический инспектор Республики Казахстан и его
заместитель – штраф на физических лиц до пятидесяти, на должностных лиц – до ста
пятидесяти, на юридических лиц – до двух тысяч размеров месячного расчетного
показателя, а также штраф, выраженный в процентах от суммы операции, проведенной с
нарушением законодательства Республики Казахстан, либо суммы нанесенного окружающей
среде вреда.
Статья 698. Уполномоченный орган в области промышленной
безопасности
1. Уполномоченный орган в области промышленной безопасности рассматривает
дела об административных правонарушениях, предусмотренных статьями 93, 230 (частью
второй) (в части правонарушений, совершенных владельцами объектов, деятельность
которых связана с опасностью причинения вреда третьим лицам), 297, 298, 299 (частью
первой) (за исключением безопасности плотин), 305 (по нарушениям в охранных зонах
объектов систем газоснабжения), 306, 307, 308, 351, 352, 353 (в части технической
безопасности), 356 (частями одиннадцатой и двенадцатой), 464 (частью первой)
настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях в области
промышленной безопасности и налагать административные взыскания от имени
уполномоченного органа в области промышленной безопасности вправе:
1) государственный инспектор области, города республиканского значения,
столицы, района, города областного значения, района в городе по государственному
надзору в области промышленной безопасности – штраф на физических лиц до десяти, на
должностных лиц – до пятидесяти размеров месячного расчетного показателя;
2) государственный инспектор Республики Казахстан по государственному
надзору в области промышленной безопасности, главный государственный инспектор
области, города республиканского значения, столицы по государственному надзору в
области промышленной безопасности и его заместитель – штраф на физических лиц до
двадцати, на должностных лиц, индивидуальных предпринимателей – до ста, на
юридических лиц – до двухсот размеров месячного расчетного показателя;
3) главный государственный инспектор Республики Казахстан по государственному
надзору в области промышленной безопасности и его заместитель – штраф на физических
лиц до пятидесяти, на должностных лиц – до ста, на юридических лиц – до пятисот
размеров месячного расчетного показателя.
Сноска. Статья 698 в редакции Закона РК от 29.12.2014 № 272-V (вводится в
действие 01.01.2015).
Статья 699. Органы Министерства обороны Республики
Казахстан
1. Органы Министерства обороны Республики Казахстан рассматривают дела об
административных правонарушениях, предусмотренных статьями
642, 644, 645, 646, 647, 648, 649, 650 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания от имени органов Министерства обороны Республики
Казахстан вправе начальники местных органов военного управления.
Статья 700. Органы здравоохранения
1. Государственный орган в сфере обращения лекарственных средств, изделий
медицинского назначения и медицинской техники и его территориальные подразделения
рассматривают дела об административных правонарушениях, предусмотренных статьи 424
(частью первой), 426 (частью первой), 432, 464 (частью первой) настоящего Кодекса,
в пределах своей компетенции.
Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководитель государственного органа в сфере
обращения лекарственных средств, изделий медицинского назначения и медицинской
техники, его заместители, руководители территориальных подразделений и их
заместители.
2. Государственный орган в сфере оказания медицинских услуг и его
территориальные подразделения рассматривают дела об административных
правонарушениях, предусмотренные статьями 80 (частями первой, второй и третьей), 81
(частью первой), 82 (частью первой), 424 (частями первой, второй и
четвертой), 428, 429, 432, 464 (частью первой) настоящего Кодекса, в пределах своей
компетенции.
Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководитель государственного органа в сфере
оказания медицинских услуг, его заместители, руководители территориальных
подразделений и их заместители.
Статья 701. Уполномоченный орган в сфере
санитарно-эпидемиологического благополучия
населения
Органы, осуществляющие контроль и надзор в сфере санитарно-
эпидемиологического благополучия населения, рассматривают дела об административных
правонарушениях, предусмотренных статьями 93 (частями второй и пятой), 151 (частью
первой), 203, 324, 327, 344, 351, 358, 425 (частью первой), 430 (частью
первой), 431, 464 (частью первой), 621 (частями первой, второй) настоящего Кодекса.
Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководитель государственного органа в сфере
санитарно-эпидемиологического благополучия населения, его заместители, руководители
территориальных подразделений и их заместители.
Статья 702. Структурные подразделения органов внутренних
дел, Комитета национальной безопасности
Республики Казахстан и Министерства обороны
Республики Казахстан, осуществляющие
государственный санитарно-эпидемиологический
контроль и надзор
1. Структурные подразделения органов внутренних дел, Комитета национальной
безопасности Республики Казахстан и Министерства обороны Республики Казахстан,
осуществляющие государственный санитарно-эпидемиологический контроль и надзор,
рассматривают дела об административных правонарушениях, предусмотренных статьей 425
(частью первой) настоящего Кодекса о нарушениях санитарных правил и гигиенических
нормативов на объектах соответственно: подведомственных органам внутренних дел и
Комитета национальной безопасности Республики Казахстан; расположенных на
территории военных городков и учебных центров Министерства обороны Республики
Казахстан.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководители и их заместители либо уполномоченные
на то должностные лица структурных подразделений органов внутренних дел, Комитета
национальной безопасности Республики Казахстан, Министерства обороны Республики
Казахстан, осуществляющие государственный санитарно-эпидемиологический контроль и
надзор.
Статья 703. Уполномоченный орган в области ветеринарии
1. Должностные лица уполномоченного органа в области ветеринарии
рассматривают дела об административных правонарушениях, предусмотренных статьей 406
настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания в соответствии со статьей 406 настоящего Кодекса вправе:
1) Главный государственный ветеринарно-санитарный инспектор Республики
Казахстан и его заместители;
2) государственные ветеринарно-санитарные инспекторы на ветеринарных
контрольных постах;
3) главные государственные ветеринарно-санитарные инспекторы областей,
городов республиканского значения, столицы и их заместители;
4) государственные ветеринарно-санитарные инспекторы областей, городов
республиканского значения, столицы;
5) главные государственные ветеринарно-санитарные инспекторы их заместители,
государственные ветеринарно-санитарные инспекторы районов, городов областного
значения.
3. Должностными лицами уполномоченного органа в области ветеринарии штраф
может взиматься на месте:
1) в местах реализации – за нарушение ветеринарных (ветеринарно-санитарных)
правил при реализации животных, продукции и сырья животного происхождения;
2) на железнодорожном, водном и воздушном транспорте, на дорогах и
скотопрогонных трассах – за нарушение ветеринарных (ветеринарно-санитарных) правил
при осуществлении транспортировки (перемещения) подконтрольных государственному
ветеринарно-санитарному контролю и надзору перемещаемых (перевозимых) объектов на
территории Республики Казахстан, а также при перегоне скота;
3) на государственной границе – за нарушение ветеринарных (ветеринарно-
санитарных) правил в части охраны территории Республики Казахстан от заноса и
распространения заразных и экзотических болезней животных из других государств.
Статья 704. Уполномоченный орган в области племенного
животноводства
1. Должностные лица уполномоченного органа в области племенного
животноводства рассматривают дела об административных правонарушениях,
предусмотренных статьей 407 (частью первой) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе:
1) Главный государственный инспектор по племенному животноводству Республики
Казахстан;
2) заместитель Главного государственного инспектора по племенному
животноводству Республики Казахстан;
3) главные государственные инспекторы по племенному животноводству областей,
городов республиканского значения, столицы и их заместители;
4) государственные инспекторы по племенному животноводству районов, городов
областного значения.
Статья 705. Уполномоченный орган по карантину растений
1. Уполномоченный орган по карантину растений и его органы на местах
рассматривают дела об административных правонарушениях, предусмотренных статьей 400
(частями первой, третьей и четвертой) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе:
1) Главный государственный инспектор по карантину растений Республики
Казахстан и его заместитель;
2) главные государственные инспекторы по карантину растений соответствующих
областей, города республиканского значения, столицы;
3) государственные инспекторы по карантину растений соответствующих
административно-территориальных единиц Республики Казахстан и фитосанитарных
контрольных постов.
Сноска. Статья 705 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 706. Уполномоченный орган в области семеноводства и
регулирования зернового рынка
1. Уполномоченный орган в области семеноводства и регулирования зернового
рынка и его территориальные органы рассматривают дела об административных
правонарушениях, предусмотренных статьями 401 (частями первой и второй), 402
(частью пятой) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководители территориальных органов и их
заместители.
Сноска. Статья 706 в редакции Закона РК от 29.12.2014 № 272-V (вводится в
действие 01.01.2015).
Статья 707. Уполномоченный орган в области защиты
растений
1. Уполномоченный орган в области защиты растений и его подразделения на
местах рассматривают дела об административных правонарушениях,
предусмотренных статьями 297, 377, 403 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе:
1) Главный государственный инспектор по защите растений Республики Казахстан;
2) главные государственные инспекторы по защите растений соответствующих
административно-территориальных единиц Республики Казахстан;
3) государственные инспекторы по защите растений.
Статья 708. Уполномоченные органы в области использования
и охраны водного фонда
1. Уполномоченные органы в области использования и охраны водного фонда
рассматривают дела об административных правонарушениях, предусмотренных статьями
138 (частью второй), 141, 299 (частью первой) (за исключением промышленной
безопасности), 358, 359, 360 (частью второй), 361, 362, 363, 365 настоящего
Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе:
1) главный государственный инспектор по регулированию использования и охране
вод и его заместители, главные государственные бассейновые (территориальные)
инспекторы по регулированию использования и охране вод и их заместители – штраф на
физических лиц до тридцати пяти, на должностных лиц, субъектов малого или среднего
предпринимательства или некоммерческие организации – до семидесяти пяти, на
субъектов крупного предпринимательства – до четырехсот размеров месячного
расчетного показателя;
2) старшие государственные инспекторы по регулированию использования и
охране вод – штраф на физических лиц до тридцати, на должностных лиц, субъектов
малого или среднего предпринимательства или некоммерческие организации – до
шестидесяти пяти, на субъектов крупного предпринимательства – до двухсот семидесяти
размеров месячного расчетного показателя;
3) государственные инспекторы по регулированию использования и охране вод –
штраф на физических лиц до двадцати пяти, на должностных лиц, субъектов малого или
среднего предпринимательства или некоммерческие организации – до шестидесяти, на
субъектов крупного предпринимательства – до двухсот шестидесяти размеров месячного
расчетного показателя.
Сноска. Статья 708 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 709. Уполномоченные органы в области лесного,
рыбного и охотничьего хозяйства
1. Уполномоченные органы в области лесного, рыбного и охотничьего хозяйства
рассматривают дела об административных правонарушениях, предусмотренных статьями
138 (частью
второй), 142, 143, 337, 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376,
377, 378, 379, 380, 381, 382 (частью первой), 383 (частями первой, второй и
пятой), 384, 385 (частью первой), 386, 387, 388, 390, 394 (частью первой), 395
(частью первой), 396 (частью первой), 464 (частью первой) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания от имени органов в области лесного, рыбного и
охотничьего хозяйства вправе:
1) за административные правонарушения, предусмотренные статьями 138 (частью
второй), 142, 143, 337, 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376,
377, 378, 379, 380, 381, 382 (частью первой), 383 (частями первой, второй и
пятой), 384, 385 (частью первой), 386, 387, 388, 390, 394 (частью первой), 395
(частью первой), 396 (частью первой), 464 (частью первой) настоящего Кодекса, –
должностные лица уполномоченных органов в области лесного, рыбного и охотничьего
хозяйства Республики Казахстан и их территориальных органов;
2) за административные правонарушения, предусмотренные статьями
138, 337, 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 377, 379, 381, 382
(частью первой), 387, 388 настоящего Кодекса, – руководители, заместители
руководителей государственных учреждений лесного хозяйства;
3) за административные правонарушения, предусмотренные статьями
138, 337, 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 377, 379, 381, 382
(частью первой), 387, 388 настоящего Кодекса, – должностные лица структурных
подразделений лесного и охотничьего хозяйства областных исполнительных органов;
4) за административные правонарушения, предусмотренные статьями
138, 143, 337, 339, 366, 367 (частью третьей), 368 (частью второй), 369 (частью
второй), 370 (частью четвертой), 371, 372 (частью четвертой), 373 (частью
второй), 374 (частью второй), 377 (частью второй), 379, 380, 381, 382 (частью
первой), 383 (частями первой, второй и пятой), 384, 387, 388 настоящего Кодекса, –
руководители, заместители руководителей, начальники служб охраны особо охраняемых
природных территорий, созданных в организационно-правовой форме государственного
учреждения.
Статья 710. Органы, осуществляющие государственный
контроль за использованием и охраной земель
1. Центральный уполномоченный орган по управлению земельными ресурсами
рассматривают дела об административных правонарушениях, предусмотренных статьями
137, 341, 342 настоящего Кодекса.
Уполномоченный орган по контролю за использованием и охраной земель местных
исполнительных органов области, города республиканского значения, столицы
рассматривает дела об административных правонарушениях, предусмотренных статьями
136, 137 (подпунктом 2) части первой), 138 (частью первой), 337, 338, 339, 340
настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе:
1) главный государственный инспектор по использованию и охране земель
Республики Казахстан – штраф на физических лиц до семидесяти пяти, на должностных
лиц, субъектов малого или среднего предпринимательства или некоммерческие
организации – до ста пятидесяти, на субъектов крупного предпринимательства – до
семисот размеров месячного расчетного показателя;
2) главные государственные инспекторы по использованию и охране земель
соответствующих административно-территориальных единиц – штраф на физических лиц до
семидесяти пяти, на должностных лиц, субъектов малого или среднего
предпринимательства или некоммерческие организации – до ста пятидесяти, на
субъектов крупного предпринимательства – до семисот размеров месячного расчетного
показателя;
3) государственные инспекторы по использованию и охране земель – штраф на
физических лиц до семидесяти пяти, на должностных лиц, субъектов малого или
среднего предпринимательства или некоммерческие организации – до ста пятидесяти, на
субъектов крупного предпринимательства – до трехсот размеров месячного расчетного
показателя.
Сноска. Статья 710 в редакции Закона РК от 29.12.2014 № 272-V (вводится в
действие 01.01.2015).
Статья 711. Уполномоченный орган по инвестициям
1. Уполномоченный орган по инвестициям рассматривает дела об административных
правонарушениях, предусмотренных статьей 148 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководитель уполномоченного органа по
инвестициям и его заместители.
Статья 712. Органы, осуществляющие государственный
контроль в области геодезии и картографии
1. Уполномоченный орган в области геодезии и картографии рассматривает дела
об административных правонарушениях, предусмотренных статьями 138 (частью
второй), 343 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе должностные лица ведомства уполномоченного органа
в области геодезии и картографии.
Сноска. Статья 712 в редакции Закона РК от 29.12.2014 № 272-V (вводится в
действие 01.01.2015).
Статья 713. Антимонопольный орган
1. Антимонопольный орган рассматривает дела об административных
правонарушениях, предусмотренных статьями 160 (частью первой), 161, 162, 163, 201
настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководитель антимонопольного органа и его
заместители, а также руководители территориальных подразделений антимонопольного
органа и их заместители.
Статья 714. Уполномоченный орган, осуществляющий
руководство в сферах естественных монополий и
на регулируемых рынках
1. Уполномоченный орган, осуществляющий руководство в сферах естественных
монополий и на регулируемых рынках, рассматривает дела об административных
правонарушениях, предусмотренных статьями 164, 165, 166, 167, 168, 250, 464 (частью
первой) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководитель уполномоченного органа,
осуществляющего руководство в сферах естественных монополий и на регулируемых
рынках, и его заместители, а также руководители территориальных органов
уполномоченного органа, осуществляющего руководство в сферах естественных монополий
и на регулируемых рынках, и их заместители.
Статья 715. Органы, осуществляющие государственный
контроль в области технического регулирования
и обеспечения единства измерений
1. Органы, осуществляющие государственный контроль в области технического
регулирования и обеспечения единства измерений, рассматривают дела об
административных правонарушениях, предусмотренных статьями 193 (частью
первой), 203, 415 (частью первой), 417 (частями второй, третьей, четвертой и
пятой), 418, 419 (частью первой), 464 (частью первой), 638 (частью первой)
настоящего Кодекса.
2. Административные взыскания вправе налагать Главный государственный
инспектор Республики Казахстан по государственному контролю и надзору и его
заместители, а также главные государственные инспекторы областей и городов по
государственному контролю и надзору и их заместители.
Статья 716. Уполномоченный орган по регистрации
сельскохозяйственной техники
1. Уполномоченный орган по регистрации сельскохозяйственной техники
рассматривает дела об административных правонарушениях, предусмотренных статьями
590 (частями первой, второй) (в части правонарушений, совершенных водителями
тракторов, самоходных сельскохозяйственных, мелиоративных и дорожно-строительных
машин), 612, 617, 619, 627 настоящего Кодекса, в части, касающейся поднадзорных
уполномоченным органам по регистрации сельскохозяйственной техники, тракторов, иных
самоходных машин и оборудования.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания от имени уполномоченного органа по регистрации
сельскохозяйственной техники вправе инженеры-инспекторы районных и областных
уполномоченных органов по регистрации сельскохозяйственной техники.
Статья 717. Уполномоченный государственный орган в
области растениеводства
1. Уполномоченный государственный орган в области растениеводства
рассматривает дела об административных правонарушениях, предусмотренных статьями
228 (частями третьей и седьмой) (в части правонарушений, совершенных обществами
взаимного страхования в растениеводстве), 230 (частью второй) (в части
правонарушений, совершенных производителями продукции растениеводства) настоящего
Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководитель уполномоченного государственного
органа в области растениеводства и его заместители, руководители территориальных
органов и их заместители.
Статья 718. Органы, осуществляющие государственный
архитектурно-строительный контроль и надзор
за качеством строительства объектов
1. Органы, осуществляющие государственный архитектурно-строительный контроль
и надзор за качеством строительства объектов, рассматривают дела об
административных правонарушениях, предусмотренных статьями 309, 312 (частью
первой), 315, 316 (частью первой), 317 (частями первой, второй и
третьей), 318, 321, 322, 323, 464 (частью первой) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе Главный государственный строительный инспектор
Республики Казахстан и его заместители, а также главные государственные
строительные инспекторы областей, городов республиканского значения, столицы.
Статья 719. Уполномоченный орган в области
государственной статистики
1. Уполномоченный орган в области государственный статистики рассматривает
дела об административных правонарушениях, предусмотренных статьями
497, 499, 500, 501, 502, 503 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководители территориальных органов
уполномоченного органа в области государственной статистики и их заместители.
Статья 720. Органы государственных доходов
1. Органы государственных доходов рассматривают дела об административных
правонарушениях, предусмотренных статьями 91 (частями шестой, седьмой и
восьмой), 92 (частями второй, третьей и четвертой), 151 (частью
первой), 152, 155, 157, 177, 178, 179, 180, 181, 194, 195, 196, 203, 205, 221, 233
(частью первой), 239 (частями первой и второй), 246-
1, 266, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281 (частями
первой, второй и третьей), 282 (частями первой, второй, пятой, восьмой, десятой и
двенадцатой), 284, 285, 286, 287, 288, 464 (частью
первой), 471, 472, 474, 521, 522, 523, 524, 525, 526, 527, 528 (частями второй и
третьей), 529, 530, 531, 533, 534, 535, 536, 537, 538, 539, 540, 542, 543 (частью
второй), 546, 547, 548 (частью первой), 551 (частями первой и третьей), 552 (частью
первой), 553, 554, 555, 556, 557 и 558 настоящего Кодекса.
2. Органы государственных доходов также рассматривают дела об
административных правонарушениях, предусмотренных статьями 230 (частью
второй), 297, 324 (частью первой), 334, 377 (частью первой), 400 (частью
первой), 406 (частями первой и второй), 425 (частью первой), 571 (частями второй и
третьей), 572 (частью первой), 573, 574, 589 (по административным правонарушениям
на автомобильном транспорте), 590 (частями первой, второй, пятой, шестой, седьмой,
восьмой и десятой), 593 (частями второй, третьей, четвертой и пятой), 609, 612
(частью третьей) и 621 (частью четвертой) настоящего Кодекса, когда перечисленные в
настоящей части административные правонарушения совершены в автомобильных пунктах
пропуска через Государственную границу Республики Казахстан.
3. Рассматривать дела об административных правонарушениях и налагать
административные взыскания от имени органов государственных доходов вправе:
по всем статьям настоящего Кодекса, отнесенным к подведомственности органов
государственных доходов – руководители органов государственных доходов и их
заместители;
по административным правонарушениям, предусмотренным статьями 91 (частью
шестой), 92 (частью второй), 195 (частью первой), 269 (частью первой), 270 (частями
первой и третьей), 271 (частью первой), 272 (частью первой), 276 (частью
первой), 284 (частями первой, третьей, пятой, седьмой, девятой, одиннадцатой,
тринадцатой, пятнадцатой и семнадцатой), административное взыскание в виде
предупреждения, а также в виде штрафа в порядке, предусмотренном статьей 897
настоящего Кодекса, – уполномоченные руководителем должностные лица органов
государственных доходов.
Сноска. Статья 720 в редакции Закона РК от 29.12.2014 № 269-V (вводится в
действие с 01.01.2015).
Статья 721. Антикоррупционная служба
1. Антикоррупционная служба рассматривает дела об административных
правонарушениях, предусмотренных статьями 174 (частями первой, третьей и
четвертой), 274, 471, 472, 473, 474, 475 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководитель антикоррупционной службы и его
заместители, руководители антикоррупционной службы по областям, города
республиканского значения, столицы Республики Казахстан, межрегиональных, районных,
городских, районных в городах и специальных подразделений антикоррупционной службы
и их заместители.
Сноска. Статья 721 в редакции Закона РК от 29.12.2014 № 272-V (вводится в
действие 01.01.2015).
Статья 722. Органы Министерства финансов Республики
Казахстан
1. Органы Министерства финансов Республики Казахстан рассматривают дела об
административных правонарушениях, предусмотренных статьями 230 (частью второй)
(когда эти нарушения совершены аудиторскими организациями), 233 (частью
второй), 234, 238, 239 (частями первой и второй), 240, 241, 247 (частями первой,
второй, третьей, пятой и седьмой), 248, 249, 250, 267, 464 (частью первой (когда
эти нарушения совершены аудиторскими организациями) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания за административные правонарушения,
предусмотренные статьями 230 (частью второй) (когда эти нарушения совершены
аудиторскими организациями), 233 (частью второй), 234, 238, 239 (частями первой и
второй), 240, 241, 247 (частями первой, второй, третьей, пятой и
седьмой), 248, 249, 250, 267, 464 (частью первой (когда эти нарушения совершены
аудиторскими организациями) настоящего Кодекса, вправе руководитель уполномоченного
государственного органа в области государственного финансового контроля и
государственных закупок и его заместители, руководители территориальных органов;
руководитель уполномоченного государственного органа и его заместители,
руководители территориальных органов, осуществляющих регулирование в области
аудиторской деятельности.
Статья 723. Уполномоченный орган по внутреннему контролю
1. Уполномоченный орган по внутреннему контролю рассматривает дела об
административных правонарушениях, предусмотренных статьями 207, 209 настоящего
Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководитель уполномоченного органа по
внутреннему контролю и его заместители, руководители территориальных подразделений.
Статья 724. Национальный Банк Республики Казахстан
1. Национальный Банк Республики Казахстан рассматривает дела об
административных правонарушениях, предусмотренных статьями 91 (частями первой,
второй, третьей, пятой, девятой, десятой, одиннадцатой и
двенадцатой), 186, 206, 208, 210, 211 (частями второй, третьей, четвертой, пятой и
шестой), 212, 213, 215, 217, 218, 220, 222, 223, 224, 225, 226, 227, 228 (частями
первой, второй, четвертой, пятой, шестой, восьмой, девятой, десятой, одиннадцатой,
двенадцатой, тринадцатой, четырнадцатой, пятнадцатой, шестнадцатой и
семнадцатой), 229, 230 (частями первой, третьей и четвертой), 231, 232, 239
(частями третьей и четвертой), 242, 243, 244, 247 (частями четвертой и
восьмой), 252 (частями первой и
третьей), 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 286, 464
(частью первой), 497 (в части первичных статистических данных, сбор которых входит
в его компетенцию) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе Председатель Национального Банка Республики
Казахстан, его заместители, руководители территориальных филиалов.
3. Полномочия Национального Банка Республики Казахстан, а также его
работников, имеющих право на составление протокола о совершении административного
правонарушения, определяются в соответствии с настоящим Кодексом.
Статья 725. Органы социальной защиты населения Республики
Казахстан
1. Органы социальной защиты населения Республики Казахстан рассматривают дела
об административных правонарушениях, предусмотренных статьями 83 (кроме
правонарушений, совершенных работодателями), 84, 91 (частью четвертой), 92 (частью
первой) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные штрафы вправе руководители органов социальной защиты населения
Республики Казахстан, их заместители.
Статья 726. Органы национальной безопасности Республики
Казахстан
1. Органы национальной безопасности рассматривают дела об административных
правонарушениях, предусмотренных статьями 192, 504 настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
установленные административные взыскания по статьями 192, 464 (части первой), 504
настоящего Кодекса вправе начальник департамента Комитета национальной безопасности
и его заместители, руководители территориальных органов и их заместители.
3. Пограничная служба Комитета национальной безопасности Республики Казахстан
рассматривает дела об административных правонарушениях, предусмотренных статьями
382 (частью первой), 383 (частями первой и второй), 393 (совершенных в пограничном
пространстве), а также статьями 394, 395 (частью первой), 396 (частью
первой), 510, 512 (частью первой), 513 (частью первой), 514 (частью
первой), 515, 517 (частями первой и третьей) настоящего Кодекса.
4. Рассматривать дела об административных правонарушениях и налагать
административные взыскания от имени Пограничной службы Комитета национальной
безопасности вправе:
1) руководитель Пограничной службы Комитета национальной безопасности
Республики Казахстан и его заместители, руководители специальных объединений и их
заместители – предупреждение либо штраф на физических лиц и должностных лиц – до
семидесяти, на субъектов частного предпринимательства – до двух тысяч размеров
месячного расчетного показателя;
2) начальники пограничных отрядов, командиры воинских частей пограничного
контроля, морских воинских частей, коменданты отдельных пограничных комендатур и их
заместители – предупреждение или штраф на физических лиц и должностных лиц – до
семидесяти, на субъектов частного предпринимательства – до двухсот размеров
месячного расчетного показателя;
3) коменданты пограничных комендатур и начальники отделов пограничного
контроля и их заместители – предупреждение или штраф на физических лиц до двадцати,
на должностных лиц – до двадцати пяти размеров месячного расчетного показателя.
Сноска. Статья 726 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 727. Органы военной полиции
1. Органы военной полиции рассматривают дела об административных
правонарушениях, предусмотренных статьями 511, 590 (частями первой, второй,
третьей, пятой, шестой, седьмой, девятой и десятой), 591, 592, 593, 594, 595, 596
(частями первой, второй и четвертой), 597, 598, 599, 600, 601, 602, 603 (частью
третьей), 606 (частью первой), 607 (частью первой), 611 (частью первой), 612, 613
(частями двенадцатой и тринадцатой), 614, 615 (частями первой, второй и
третьей), 617, 619, 620, 621 (частями первой, второй и четвертой) настоящего
Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе уполномоченные должностные лица органов военной
полиции.
3. Компетенция органов военной полиции Вооруженных Сил Республики Казахстан
по административным правонарушениям в сфере транспорта распространяется на
военнослужащих, военнообязанных, призванных на сборы, а также на лиц, управляющих
военными транспортными средствами Вооруженных Сил Республики Казахстан, других
войск и воинских формирований Республики Казахстан, за исключением частей четвертой
и пятой настоящей статьи.
4. Компетенция органов военной полиции Комитета национальной безопасности
Республики Казахстан по административным правонарушениям в сфере транспорта
распространяется на сотрудников, работников и военнослужащих, управляющих
транспортными средствами специальных государственных органов Республики Казахстан.
5. Компетенция органов военной полиции Национальной гвардии Республики
Казахстан по административным правонарушениям в сфере транспорта распространяется
на военнослужащих, военнообязанных, призванных на сборы, а также на лиц,
управляющих военными транспортными средствами Национальной гвардии.
6. Материалы о совершенных водителями транспортных средств Вооруженных Сил
Республики Казахстан, других войск и воинских формирований Республики Казахстан –
военнослужащими и военнообязанными, призванными на сборы, – нарушениях, за которые
в качестве административного взыскания предусмотрен штраф в установленном порядке,
передаются органами военной полиции соответствующим командирам (начальникам) для
решения вопроса о привлечении виновных к ответственности по Дисциплинарному уставу
Вооруженных Сил Республики Казахстан, других войск и воинских формирований
Республики Казахстан.
Сноска. Статья 727 с изменениями, внесенными законами РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015); от 10.01.2015 № 275-V (вводится в действие по
истечении десяти календарных дней после дня его первого официального
опубликования).
Статья 728. Органы по государственному контролю над
производством и оборотом подакцизной
продукции
1. Органы по государственному контролю над производством и оборотом
подакцизной продукции рассматривают дела об административных правонарушениях,
предусмотренных статьями 281 (частями первой, второй и третьей), 282 (частями
первой, второй, пятой, восьмой, десятой и двенадцатой), 464 (частью первой)
настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководители (заместители) органа по
государственному контролю над производством и оборотом подакцизной продукции.
Сноска. Статья 728 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 729. Местные исполнительные органы
1. Местный исполнительный орган области, города республиканского значения и
столицы, района (города республиканского, областного значения и столицы)
рассматривает дела об административных правонарушениях, предусмотренных статьями 75
(частями третьей и четвертой), 144 (частями первой (в части теплоиспользующих
установок потребителей) и второй), 172 (частями первой, третьей и четвертой) (в
части эксплуатации тепломеханического оборудования котельных всех мощностей и
тепловых сетей (магистральных, внутриквартальных), 199 (частями первой, третьей и
четвертой), 202, 204, 250, 301 (в части котельных всех мощностей и тепловых сетей
(магистральных, внутриквартальных), 303 (в части котельных всех мощностей), 304,
305 (в части охранных зон тепловых сетей (магистральных, внутриквартальных), 306
(частями первой и второй), 320 (частями пятой, шестой и седьмой), 401 (частями
третьей, четвертой, пятой, седьмой, восьмой, девятой, десятой и одиннадцатой), 402
(частями первой, второй и третьей), 404 (частями первой, второй, третьей,
четвертой, пятой, шестой, седьмой и восьмой), 405 (частью второй), 409 (частями
восьмой, девятой, десятой и одиннадцатой), 452 (частями первой, второй, пятой,
седьмой, восьмой, подпунктами 1), 2), 3) части девятой, десятой), 454 (частью
первой), 455 (частями первой, второй и третьей), 464 (частью первой), 491
настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе аким области, города республиканского значения и
столицы, района (города республиканского, областного значения и столицы) и его
заместители.
3. Акимы городов районного значения, сел, поселков, сельских округов вправе
рассматривать дела об административных правонарушениях и налагать административные
взыскания за административные правонарушения, предусмотренные статьями 144 (частями
первой (в части теплоиспользующих установок потребителей) и второй), 146, 147, 172
(частями первой, третьей и четвертой) (в части эксплуатации тепломеханического
оборудования котельных всех мощностей и тепловых сетей (магистральных,
внутриквартальных), 204, 301 (в части котельных всех мощностей и тепловых сетей
(магистральных, внутриквартальных), 303 (в части котельных всех
мощностей), 304, 305 (в части охранных зон тепловых сетей (магистральных,
внутриквартальных), 320 (частями пятой, шестой и седьмой), 386, 408, 409 (частями
восьмой, девятой, десятой и одиннадцатой), 491 и 505 настоящего Кодекса,
совершенные на территории городов районного значения, сел, поселков, сельских
округов.
Сноска. Статья 729 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 730. Уполномоченный орган в области образования
1. Уполномоченный орган в области образования рассматривает дела об
административных правонарушениях, предусмотренных статьями 84, 409 (частями первой,
второй, третьей, четвертой, пятой и шестой), 464 (частью первой) настоящего
Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководитель уполномоченного органа в области
образования и его заместители, руководители территориальных органов уполномоченного
органа в области образования и их заместители.
Статья 731. Уполномоченный орган в области туристской
деятельности
1. Уполномоченный орган в области туристской деятельности рассматривает дела
об административных правонарушениях, предусмотренных статьями 187 (частью
первой), 230 (частью второй) (в части правонарушений, совершенных туроператорами и
турагентами), 464 (частью первой) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководитель уполномоченного органа в области
туристской деятельности и его заместители.
Статья 732. Уполномоченный орган в сфере игорного бизнеса
1. Уполномоченный орган в сфере игорного бизнеса рассматривает дела об
административных правонарушениях, предусмотренных статьей 464 (частью первой)
настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководитель уполномоченного органа в сфере
игорного бизнеса и его заместители.
Статья 733. Уполномоченный орган в области регулирования
торговой деятельности
1. Уполномоченный орган в области регулирования торговой деятельности
рассматривает дела об административных правонарушениях, предусмотренных статьями
268, 464 (частью первой) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе руководитель уполномоченного органа в области
регулирования торговой деятельности либо лицо, исполняющее его обязанности.
Статья 734. Уполномоченный орган в области производства
биотоплива
1. Уполномоченный орган в области производства биотоплива рассматривает дела
об административных правонарушениях, предусмотренных статьей 169 (частями первой,
третьей, шестой и восьмой) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе:
1) руководитель уполномоченного органа в области производства биотоплива и
его заместители;
2) руководители территориальных органов уполномоченного органа в области
производства биотоплива и его заместители.
Статья 735. Уполномоченный орган в области оборота
биотоплива
1. Уполномоченный орган в области оборота биотоплива рассматривает дела об
административных правонарушениях, предусмотренных статьей 169 (частями четвертой,
пятой и девятой) настоящего Кодекса.
2. Рассматривать дела об административных правонарушениях и налагать
административные взыскания вправе:
1) руководитель уполномоченного органа в области оборота биотоплива и его
заместители;
2) руководители территориальных органов уполномоченного органа в области
оборота биотоплива и его заместители.
РАЗДЕЛ 4. ПРОИЗВОДСТВО ПО ДЕЛАМ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ
Глава 37. ОСНОВНЫЕ ПОЛОЖЕНИЯ Статья 736. Законодательство, определяющее порядок
производства по делам об административных
правонарушениях
1. Порядок производства по делам об административных правонарушениях
определяется настоящим Кодексом.
2. Порядок наложения судом административных взысканий в процессе рассмотрения
уголовного или гражданского дела определяется положениями настоящего Кодекса и
соответственно Уголовно-процессуального кодекса Республики Казахстан и Гражданского
процессуального кодекса Республики Казахстан.
Статья 737. Задачи производства по делам об
административных правонарушениях
Задачами производства по делам об административных правонарушениях являются:
1) своевременное, всестороннее, полное и объективное выяснение обстоятельств
каждого дела, разрешение его в соответствии с настоящим Кодексом;
2) обеспечение реализации прав и обязанностей участников производства;
3) выявление причин и условий, способствовавших совершению административных
правонарушений;
4) обеспечение исполнения постановления по делу об административном
правонарушении.
Статья 738. Язык производства
1. Производство по делам об административных правонарушениях в Республике
Казахстан ведется на государственном языке, а при необходимости в производстве
наравне с государственным употребляются русский язык или другие языки.
2. Судья, органы (должностные лица), уполномоченные рассматривать дела об
административных правонарушениях, при необходимости изменения языка
судопроизводства выносят мотивированное постановление об изменении языка
производства по делу об административном правонарушении.
3. Участвующим в деле лицам, не владеющим или недостаточно владеющим языком,
на котором ведется производство по делу, разъясняется и обеспечивается право делать
заявления, давать объяснения и показания, заявлять ходатайства, приносить жалобы,
знакомиться с материалами дела, выступать при его рассмотрении на родном языке или
другом языке, которым они владеют, бесплатно пользоваться услугами переводчика в
порядке, установленном настоящим Кодексом.
4. Участвующим в производстве по делам об административных правонарушениях
лицам бесплатно обеспечивается перевод на язык производства необходимых им в силу
закона материалов дела, изложенных на другом языке.
5. Процессуальные документы, подлежащие вручению правонарушителю и
потерпевшему, должны быть переведены на их родной язык или на язык, которым они
владеют.
6. Расходы по переводу и услуги переводчика оплачиваются за счет
государственного бюджета.
Статья 739. Исчисление сроков
1. Сроки, используемые при производстве по делам об административных
правонарушениях, исчисляются часами, сутками, месяцами и годами.
2. При исчислении сроков не принимается в расчет тот час и те сутки, которыми
начинается течение срока. Это правило не относится к исчислению сроков при
задержании.
3. При исчислении срока в него включается и нерабочее время, за исключением
случаев, когда срок исчисляется сутками.
4. При исчислении срока сутками срок исчисляется после ноля часов первых
суток и истекает в двадцать четыре часа последних суток срока.
5. При исчислении срока месяцами или годами срок истекает в соответствующее
число последнего месяца, а если этот месяц не имеет соответствующего числа, срок
оканчивается в последний день этого месяца. Если окончание срока приходится на
нерабочий (выходной, праздничный) день, то последним днем срока считается первый
следующий за ним рабочий день, кроме случаев исчисления срока при административном
задержании.
Статья 740. Ходатайства
1. Лица, участвующие в производстве по делу об административном
правонарушении, имеют право заявлять ходатайства, подлежащие обязательному
рассмотрению судьей, органом (должностным лицом), в производстве которых находится
данное дело.
2. Ходатайство заявляется в письменном виде и подлежит немедленному
рассмотрению. В случаях, когда немедленное рассмотрение ходатайства невозможно,
решение по нему должно быть принято не позднее трех суток с момента заявления.
3. Решение об удовлетворении ходатайства либо о полном или частичном отказе в
его удовлетворении выносится в виде определения, которое доводится до лица,
заявившего ходатайство.
Статья 741. Обстоятельства, исключающие производство по
делу об административном правонарушении
1. Производство по делу об административном правонарушении не может быть
начато, а начатое подлежит прекращению при наличии хотя бы одного из следующих
обстоятельств:
1) отсутствие события административного правонарушения;
2) отсутствие состава административного правонарушения;
3) отмена закона или отдельных его положений, устанавливающих
административную ответственность;
4) если закон или отдельные его положения, устанавливающие административную
ответственность, или иной нормативный правовой акт, подлежащий применению в данном
деле об административном правонарушении, от которого зависит квалификация деяния
как административного правонарушения, признаны Конституционным Советом Республики
Казахстан неконституционными;
5) истечение сроков давности привлечения к административной ответственности;
6) наличие по тому же факту в отношении лица, привлекаемого к
административной ответственности, постановления судьи, органа (должностного лица) о
наложении административного взыскания либо неотмененного постановления о
прекращении дела об административном правонарушении, а также наличие по тому же
факту постановления о признании лица подозреваемым;
7) смерть физического лица, ликвидация юридического лица, в отношении
которого ведется производство по делу;
8) в случае возникновения технических ошибок в программном обеспечении,
подтвержденных уполномоченным органом, осуществляющим руководство в сфере
обеспечения поступлений налогов и других обязательных платежей в бюджет, которые
привели к неисполнению налогоплательщиком налогового обязательства по представлению
форм налоговой отчетности в электронном виде в срок, установленный
законодательством Республики Казахстан;
9) иные случаи, предусмотренные налоговым законодательством Республики
Казахстан;
10) наличие документа, подтверждающего уплату административного штрафа в
порядке, установленном статьей 897 настоящего Кодекса;
11) лицо, привлекаемое к административной ответственности, признано в
установленном законом порядке потерпевшим по уголовному делу о преступлении,
связанном с торговлей людьми.
2. Производство по делу об административном правонарушении прекращается по
основанию, предусмотренному подпунктом 2) части первой настоящей статьи, и в
случае, когда причинение вреда является правомерным либо деяние совершено при
обстоятельствах, которые в соответствии с главой 5 настоящего Кодекса исключают
административную ответственность.
Статья 742. Обстоятельства, позволяющие не привлекать к
административной ответственности
Производство по делу об административном правонарушении может быть прекращено
в порядке, предусмотренном настоящим Кодексом в случае передачи материала
прокурору, органу досудебного производства в связи с наличием признаков уголовно
наказуемого деяния, предусмотренного уголовным законодательством.
Статья 743. Уведомления (извещения)
1. Участники производства по делам об административных правонарушениях
извещаются о времени и месте рассмотрения дела или совершения отдельных
процессуальных действий и вызываются в суд, орган (к должностному лицу)
уведомлениями (извещениями).
2. Уведомление (извещение) направляется заказным письмом с уведомлением о его
вручении, телефонограммой или телеграммой, текстовым сообщением по абонентскому
номеру сотовой связи или по электронному адресу либо с использованием иных средств
связи, обеспечивающих фиксацию извещения или вызова.
При уведомлении текстовым сообщением по абонентскому номеру сотовой связи или
по электронному адресу участники производства уведомляются также иным способом,
указанным в настоящей статье.
3. Если по указанному в деле адресу лицо фактически не проживает, извещение
или вызов могут быть направлены по юридическому адресу или по месту его работы.
Уведомление (извещение), адресованное юридическому лицу, направляется по месту его
нахождения.
4. Уведомление (извещение) признается надлежащим образом доставленным в
случаях:
1) наличия подписи лица, привлекаемого к административной ответственности, в
соответствующей графе протокола об административном правонарушении;
2) извещения лица заказным письмом, телеграммой, которые вручаются ему лично
или кому-то из совместно проживающих с ним совершеннолетних членов семьи под
расписку на подлежащем возврату отправителю уведомлении о вручении. Извещение,
адресованное юридическому лицу, вручается руководителю или работнику юридического
лица, который расписывается в получении извещения на уведомлении о вручении с
указанием своих фамилии, инициалов и должности;
3) направления текстового сообщения по абонентскому номеру сотовой связи или
по электронному адресу, которые извещаемое лицо указало в процессе производства по
делу и подтвердило своей подписью;
4) направления уведомления (извещения) органом государственных доходов
электронным способом лицам, зарегистрированным в качестве электронных
налогоплательщиков, в порядке, установленном налоговым законодательством Республики
Казахстан.
5. Лицо, в отношении которого осуществляется производство по делу об
административном правонарушении, подтверждает своей подписью ознакомление с тем,
что указанные им адрес места жительства (места нахождения), места работы,
абонентского номера сотовой связи, электронного адреса достоверны, а уведомление
(извещение), направленное на указанные контакты, будет считаться надлежащим и
достаточным.
6. При отказе адресата принять уведомление (извещение), лицо, доставляющее
или вручающее его, делает соответствующую отметку на уведомлении (извещении),
которое возвращается в суд, орган (к должностному лицу).
7. Отказ адресата от принятия уведомления (извещения) не является
препятствием к рассмотрению дела или совершению отдельных процессуальных действий.
Сноска. Статья 743 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Глава 38. УЧАСТНИКИ ПРОИЗВОДСТВА ПО ДЕЛАМ ОБ АДМИНИСТРАТИВНЫХ
ПРАВОНАРУШЕНИЯХ, ИХ ПРАВА И ОБЯЗАННОСТИ Статья 744. Лицо, в отношении которого ведется
производство по делу об административном
правонарушении
1. Лицо, в отношении которого ведется производство по делу об
административном правонарушении, вправе знакомиться с протоколом и другими
материалами дела, давать объяснения, делать замечания по содержанию и оформлению
протокола, представлять доказательства, заявлять ходатайства и отводы, пользоваться
юридической помощью защитника, при рассмотрении дела выступать на родном языке или
языке, которым владеет, и безвозмездно пользоваться услугами переводчика, если не
владеет языком, на котором ведется производство; обжаловать применение мер
обеспечения производства по делу, протокол об административном правонарушении и
постановление по делу, делать выписки из него и снимать копии с имеющихся в деле
документов, а также пользоваться иными процессуальными правами, предоставленными
ему настоящим Кодексом.
2. Дело об административном правонарушении рассматривается с участием лица, в
отношении которого ведется производство по делу об административном правонарушении.
В отсутствие указанного лица дело может быть рассмотрено лишь в случаях, когда
имеются данные о надлежащем его извещении о месте и времени рассмотрения дела и
если от него не поступало ходатайство об отложении рассмотрения дела.
3. При рассмотрении дела об административном правонарушении, совершенном
лицом, не достигшим восемнадцатилетнего возраста, либо совершение которого влечет
административное взыскание в виде административного ареста, а также
административного выдворения за пределы Республики Казахстан иностранца либо лица
без гражданства или лишения специального права (за исключением права управления
транспортными средствами), предоставленного лицу, присутствие лица, привлекаемого к
административной ответственности, обязательно.
4. В случае уклонения лиц, указанных в части третьей настоящей статьи, от
явки по вызову судьи, органа (должностного лица), рассматривающих дело об
административном правонарушении, в производстве которых находится дело об
административном правонарушении, это лицо может быть подвергнуто приводу.
Определение суда о приводе исполняется судебным приставом или органом
внутренних дел; определение органа (должностного лица), рассматривающего дело об
административном правонарушении, – органом внутренних дел (полицией).
5. Несовершеннолетнее лицо, в отношении которого ведется производство по делу
об административном правонарушении, может быть удалено на время рассмотрения
обстоятельств дела, обсуждение которых может отрицательно повлиять на него.
Статья 745. Потерпевший
1. Потерпевшим является физическое или юридическое лицо, которому
административным правонарушением причинен физический, имущественный или моральный
вред.
2. Потерпевший вправе знакомиться со всеми материалами дела, давать
объяснения, представлять доказательства, заявлять ходатайства и отводы, иметь
представителя, обжаловать протокол об административном правонарушении и
постановление по делу об административном правонарушении, пользоваться иными
процессуальными правами, предоставленными ему настоящим Кодексом.
3. Дело об административном правонарушении рассматривается с участием
потерпевшего. В его отсутствие дело может быть рассмотрено лишь в случаях, когда
имеются данные о надлежащем его извещении о месте и времени рассмотрения дела и
если от него не поступало ходатайство об отложении рассмотрения дела.
4. Потерпевший может быть опрошен в качестве свидетеля в порядке,
предусмотренном статьей 754 настоящего Кодекса. Если потерпевшим является
юридическое лицо, в качестве свидетеля может быть опрошен его представитель.
Статья 746. Законные представители физического лица
1. Защиту прав и законных интересов физического лица, в отношении которого
ведется производство по делу об административном правонарушении, или потерпевшего,
являющихся несовершеннолетними или по своему физическому или психическому состоянию
лишенных возможности самостоятельно осуществлять свои права, осуществляют их
законные представители.
2. Законными представителями физического лица признаются родители,
усыновители, опекуны, попечители и иные лица, на попечении или иждивении которых
оно находится.
3. Родственные связи или соответствующие полномочия лиц, являющихся законными
представителями физического лица, удостоверяются документами, предусмотренными
законодательством Республики Казахстан.
4. Законный представитель физического лица, в отношении которого ведется
производство по делу об административном правонарушении, допускается к участию в
деле с момента административного задержания лица, привлекаемого к административной
ответственности, или составления протокола об административном правонарушении.
5. Законные представители физического лица, в отношении которого ведется
производство по делу об административном правонарушении, и потерпевшего имеют права
и несут обязанности, предусмотренные настоящим Кодексом в отношении представляемых
ими лиц.
6. При рассмотрении дела об административном правонарушении, совершенном
лицом, не достигшим восемнадцатилетнего возраста, участие его законного
представителя обязательно. В случае уклонения от явки законный представитель
несовершеннолетнего может быть подвергнут приводу, осуществляемому органом
внутренних дел (полицией).
Статья 747. Представители юридического лица
1. Защиту прав и законных интересов юридического лица, в отношении которого
ведется производство по делу об административном правонарушении или являющегося
потерпевшим, осуществляют его представители.
2. Законным представителем юридического лица является руководитель
исполнительного органа юридического лица, который действует от имени юридического
лица. Полномочия законного представителя юридического лица подтверждаются
документами, удостоверяющими его служебное положение.
Иные лица, представляющие интересы юридического лица, являются
представителями по поручению, полномочия которых определяются доверенностью,
выдаваемой от имени юридического лица исполнительным органом юридического лица и
подписываемой руководителем исполнительного органа.
3. Представители юридического лица, в отношении которого ведется производство
по делу об административном правонарушении, и потерпевшего имеют права и несут
обязанности, предусмотренные настоящим Кодексом, в отношении представляемых ими
лиц.
4. Дело об административном правонарушении рассматривается с участием
представителя юридического лица, в отношении которого ведется производство по делу
об административном правонарушении. В отсутствие указанного лица дело может быть
рассмотрено лишь в случаях, когда имеются данные о его надлежащем извещении о месте
и времени рассмотрения дела, если от него не поступило ходатайство об отложении
рассмотрения дела.
5. При рассмотрении дела об административном правонарушении, совершение
которого влечет административное взыскание в виде конфискации предмета, явившегося
орудием либо предметом совершения административного правонарушения, либо
конфискации доходов (дивидендов), денег и ценных бумаг, полученных вследствие
совершения административного правонарушения, присутствие представителя юридического
лица, привлекаемого к административной ответственности, обязательно.
6. В случае уклонения представителя юридического лица от явки по вызову
судьи, органа (должностного лица), в производстве которых находится дело, указанное
лицо может быть подвергнуто приводу органами внутренних дел (полицией) и финансовой
полиции на основании определения судьи, органа (должностного лица), в производстве
которых находится дело.
Статья 748. Защитник
1. Защитник – лицо, осуществляющее в установленном законом порядке защиту
прав и интересов лица, привлекаемого к административной ответственности, и
оказывающее ему юридическую помощь.
2. В качестве защитников участвуют адвокаты. Наряду с адвокатами в качестве
защитников допускаются супруг (супруга), близкие родственники или законные
представители лица, привлекаемого к административной ответственности. Иностранные
адвокаты допускаются к участию в деле в качестве защитников, если это предусмотрено
международным договором Республики Казахстан с соответствующим государством на
взаимной основе, в порядке, определяемом законодательством.
3. Защитник допускается к участию в деле с момента административного
задержания лица, привлекаемого к административной ответственности, составления
протокола об административном правонарушении или вынесении прокурором постановления
о возбуждении дела об административном правонарушении, а также на любой стадии
производства по делу об административном правонарушении.
4. Одно и то же лицо не может быть защитником двух участников производства по
делам об административных правонарушениях, если интересы одного из них противоречат
интересам другого.
5. Адвокат не вправе отказаться от участия в качестве защитника по делу об
административном правонарушении, за исключением случаев, предусмотренных
законодательством Республики Казахстан.
Статья 749. Обязательное участие защитника
1. Участие защитника в производстве по делу об административном
правонарушении обязательно в случаях, если:
1) об этом ходатайствует лицо, привлекаемое к административной
ответственности;
2) лицо, привлекаемое к административной ответственности, в силу физических
или психических недостатков не может самостоятельно осуществлять свое право на
защиту;
3) лицо, привлекаемое к административной ответственности, не владеет языком,
на котором ведется производство;
4) лицо, привлекаемое к административной ответственности, является
несовершеннолетним.
2. Если при наличии обстоятельств, предусмотренных частью первой настоящей
статьи, защитник не приглашен самим лицом, привлекаемым к административной
ответственности, его законными представителями, а также другими лицами по его
поручению, судья, орган (должностное лицо), уполномоченные рассматривать дела об
административных правонарушениях, обязаны обеспечить участие защитника на
соответствующей стадии производства, о чем ими выносится постановление.
Постановление направляется для исполнения в коллегию адвокатов области, города
республиканского значения, столицы или ее структурные подразделения и подлежит
исполнению в срок не более двадцати четырех часов с момента его получения.
Статья 750. Приглашение, назначение, замена защитника,
оплата его труда
1. Защитник приглашается лицом, в отношении которого ведется производство по
делу об административном правонарушении, его представителями, а также другими
лицами по поручению или с согласия лица, в отношении которого ведется производство
по делу об административном правонарушении. Лицо, в отношении которого ведется
производство по делу об административном правонарушении, вправе пригласить для
защиты нескольких защитников.
2. По просьбе лица, в отношении которого ведется производство по делу об
административном правонарушении, участие защитника обеспечивается судьей, органом
(должностным лицом), уполномоченными рассматривать дела об административных
правонарушениях.
3. В тех случаях, когда участие избранного или назначенного защитника
невозможно в течение двадцати четырех часов, судья, орган (должностное лицо),
уполномоченные рассматривать дела об административных правонарушениях, вправе
предложить лицу, в отношении которого ведется производство по делу об
административном правонарушении, пригласить другого защитника или принять меры к
назначению защитника через коллегию адвокатов или ее структурные подразделения.
Судья, орган (должностное лицо), уполномоченные рассматривать дела об
административных правонарушениях, не вправе рекомендовать лицу, в отношении
которого ведется производство по делу об административном правонарушении,
пригласить в качестве защитника определенное лицо.
4. В случае административного задержания, если явка защитника, избранного
лицом, в отношении которого ведется производство по делу об административном
правонарушении, невозможна в течение трех часов, судья, орган (должностное лицо),
уполномоченные рассматривать дела об административных правонарушениях, предлагают
лицу, в отношении которого ведется производство по делу об административном
правонарушении, пригласить другого защитника, а в случае отказа принимает меры к
назначению защитника через коллегию адвокатов или ее структурные подразделения.
5. Оплата труда адвоката производится в соответствии с законодательством
Республики Казахстан. Судья, орган (должностное лицо), уполномоченные рассматривать
дела об административных правонарушениях, при наличии к тому оснований обязаны
освободить лицо, в отношении которого ведется производство по делу об
административном правонарушении, от оплаты юридической помощи. В этом случае оплата
труда производится за счет бюджетных средств.
6. Расходы по оплате труда адвокатов производятся за счет бюджетных средств и
в случае, предусмотренном частью второй 749 настоящего Кодекса, когда адвокат
участвовал в производстве по делу по назначению.
7. Адвокат допускается к участию в деле об административных правонарушениях в
качестве защитника по предъявлении удостоверения адвоката и ордера, удостоверяющего
его полномочия на ведение конкретного дела. Другие лица, указанные в части
второй статьи 748 настоящего Кодекса, представляют документы, подтверждающие их
право на участие в деле в качестве защитника (свидетельство о браке, а также
документы, указанные в части третьей статьи 746 и части третьей статьи 747
настоящего Кодекса).
Статья 751. Отказ от защитника
1. Лицо, в отношении которого ведется производство по делу об
административном правонарушении, вправе в любой момент производства по делу
отказаться от защитника, что означает его намерение осуществлять свою защиту
самостоятельно. Не принимается отказ от защитника по мотивам отсутствия средств для
оплаты юридической помощи. Отказ оформляется в письменной форме.
2. Отказ от защитника не лишает лицо, в отношении которого ведется
производство по делу об административном правонарушении, права в дальнейшем
ходатайствовать о допуске защитника к участию в деле. Вступление защитника в дело
не влечет повторения действий, которые были к этому времени совершены в ходе
рассмотрения дела об административном правонарушении.
Статья 752. Полномочия защитника
1. Защитник вправе: знакомиться со всеми материалами дела; участвовать в
рассмотрении дела; представлять доказательства; заявлять ходатайства и отводы; с
разрешения судьи, органа (должностного лица), уполномоченного рассматривать дело,
задавать вопросы опрашиваемым в процессе рассмотрения дела лицам; обжаловать
применение мер обеспечения производства по делу и постановление по делу;
пользоваться иными правами, предоставленными ему законом.
2. Защитник не вправе: совершать каких–либо действий против интересов
подзащитного и препятствовать осуществлению принадлежащих ему прав; вопреки позиции
подзащитного признавать его причастность к административному правонарушению и
виновность в его совершении, заявлять о примирении подзащитного с потерпевшим;
отзывать поданные подзащитным жалобы и ходатайства; разглашать сведения, которые
стали ему известны в связи с обращением за юридической помощью и ее осуществлением.
Статья 753. Представитель потерпевшего
1. Представителями потерпевшего могут быть лица, правомочные в силу закона
представлять при производстве по делу об административном правонарушении законные
интересы потерпевшего.
2. Представители потерпевшего имеют те же процессуальные права, что и
представляемые ими физические и юридические лица в пределах, предусмотренных
настоящим Кодексом.
3. Представитель не вправе совершать каких–либо действий вопреки интересам
представляемого лица.
4. Личное участие в деле потерпевшего не лишает его права иметь по этому делу
представителя.
Статья 754. Свидетель
1. В качестве свидетеля по делу об административном правонарушении может быть
вызвано любое лицо, которому могут быть известны обстоятельства, имеющие значение
для данного дела, если иное не предусмотрено законом.
2. Свидетель вправе: отказаться от дачи показаний против себя, супруга
(супруги) или близких родственников; делать заявления и замечания по поводу
правильности внесения своих показаний в соответствующий протокол; при рассмотрении
дела выступать на родном языке; пользоваться бесплатной помощью переводчика.
3. Свидетель обязан явиться по вызову судьи, органа (должностного лица), в
производстве которых находится дело об административном правонарушении, правдиво
сообщить все известное ему по делу и ответить на поставленные вопросы, удостоверить
своей подписью в соответствующем протоколе правильность внесения его показаний.
4. Свидетель предупреждается об административной ответственности за уклонение
или отказ от дачи показаний, дачу заведомо ложных показаний органу (должностному
лицу), уполномоченному рассматривать дела об административных правонарушениях, и об
уголовной ответственности за совершение этих деяний в суде.
5. В случае уклонения свидетеля от явки по вызову судьи, органа (должностного
лица), в производстве которых находится дело об административном правонарушении, он
может быть подвергнут приводу органом внутренних дел (полицией) на основании
определения судьи, органа (должностного лица).
6. При опросе несовершеннолетнего свидетеля, не достигшего
четырнадцатилетнего возраста, обязательно участие педагога или психолога. В случае
необходимости опрос производится в присутствии законного представителя такого
свидетеля.
Статья 755. Понятой
1. В случаях, предусмотренных настоящим Кодексом, в качестве понятого
привлекается совершеннолетнее лицо, незаинтересованное в исходе дела, способное
полно и правильно воспринимать происходящие в его присутствии действия.
2. Участие понятого в производстве по делу об административном правонарушении
отражается в протоколах о личном досмотре, досмотре транспортного средства, вещей,
изъятии документов и вещей, находящихся при физическом лице, осмотра территорий,
помещений и имущества, принадлежащих юридическому лицу, изъятия документов и
имущества, принадлежащих юридическому лицу.
3. Понятой обязан явиться по вызову должностного лица, в производстве
которого находится дело об административном правонарушении, принять участие в
производстве по этому делу и удостоверить своей подписью в соответствующем
протоколе факт осуществления действий, производящихся с его участием, их содержание
и результаты.
4. Понятой имеет право делать заявления и замечания по поводу производимого
действия, подлежащие занесению в протокол.
5. В случае необходимости понятой может быть допрошен в качестве свидетеля в
порядке, предусмотренном статьей 754 настоящего Кодекса.
Статья 756. Специалист
1. В качестве специалиста для участия в производстве по делу об
административном правонарушении может быть назначено любое незаинтересованное в
исходе дела совершеннолетнее лицо, обладающее специальными знаниями и навыками,
необходимыми для оказания содействия в собирании, исследовании и оценке
доказательств, а также в применении технических средств.
2. Специалист вправе: знать цель своего вызова; отказаться от участия в
производстве по делу, если не обладает соответствующими специальными знаниями и
навыками; знакомиться с материалами дела, относящимися к процессуальному действию,
совершаемому с его участием; с разрешения судьи, органа (должностного лица), в
производстве которых находится дело об административном правонарушении, задавать
вопросы участникам процессуального действия; в рамках процессуального действия
проводить исследование, за исключением сравнительного, материалов дела с отражением
его хода и результатов в протоколе либо официальном документе, являющемся частью
протокола процессуального действия; знакомиться с протоколом процессуального
действия, в котором он принимал участие, и делать подлежащие занесению в протокол
заявления и замечания относительно полноты и правильности фиксации хода и
результатов проводившихся при его участии действий.
3. Специалист обязан: явиться по вызову судьи, органа (должностного лица),
осуществляющего производство по делу об административном правонарушении;
участвовать в процессуальном действии, используя специальные знания, навыки и
научно–технические средства; давать пояснения по поводу совершаемых им действий;
удостоверить своей подписью факт совершения указанных действий, их содержание и
результаты.
Статья 757. Эксперт
1. В качестве эксперта может быть вызвано не заинтересованное в деле лицо,
обладающее специальными научными знаниями. Производство судебной экспертизы может
быть поручено:
1) сотрудникам органов судебной экспертизы;
2) физическим лицам, осуществляющим судебно–экспертную деятельность на
основании лицензии;
3) в разовом порядке иным лицам в соответствии с требованиями закона.
2. Эксперт вправе: знакомиться с материалами дела, относящимися к предмету
экспертизы; заявлять ходатайства о представлении ему дополнительных материалов,
необходимых для дачи заключения, участвовать в производстве процессуальных действий
с разрешения органа (должностного лица), в производстве которого находится дело об
административном правонарушении, и задавать участвующим в них лицам вопросы,
относящиеся к предмету экспертизы; знакомиться с протоколом процессуального
действия, в котором он участвовал, и делать подлежащие внесению в протоколы
замечания относительно полноты и правильности фиксации его действий и показаний; по
согласованию с судьей, органом (должностным лицом), назначившим судебную
экспертизу, давать в пределах своей компетенции заключение по выявленным в ходе
судебно–экспертного исследования обстоятельствам, имеющим значение для дела,
выходящим за пределы вопросов, содержащихся в определении о назначении судебной
экспертизы; представлять заключение и давать показания на родном языке или языке,
которым владеет; пользоваться бесплатной помощью переводчика; заявлять отвод
переводчику; обжаловать решения и действия суда и иных лиц, участвующих в
производстве по делу, ущемляющие его права при производстве экспертизы; получать
возмещение расходов, понесенных при производстве экспертизы, и вознаграждение за
выполненную работу, если производство судебной экспертизы не входит в круг его
должностных обязанностей.
3. Эксперт не вправе: вести переговоры с участниками производства по делу об
административном правонарушении по вопросам, связанным с производством экспертизы,
без ведома органа, осуществляющего производство по делу; самостоятельно собирать
материалы для исследования; проводить исследования, могущие повлечь полное или
частичное уничтожение объектов либо изменение их внешнего вида или основных
свойств, если на это не было специального разрешения органа, назначившего
экспертизу.
4. Эксперт обязан: являться по вызову судьи, органа (должностного лица), в
производстве которых находится дело об административном правонарушении; провести
всестороннее, полное и объективное исследование представленных ему объектов, дать
обоснованное письменное заключение по поставленным перед ним вопросам; отказаться
от дачи заключения и составить мотивированное письменное сообщение о невозможности
дать заключение и направить его органу (должностному лицу), назначившему судебную
экспертизу, в случаях, предусмотренных частью тринадцатой статьи 772 настоящего
Кодекса; давать показания по вопросам, связанным с проведенным исследованием и
данным заключением; обеспечивать сохранность исследуемых объектов; не разглашать
сведения об обстоятельствах дела и иные сведения, ставшие ему известными в связи с
производством экспертизы.
5. За дачу заведомо ложного заключения эксперт несет уголовную
ответственность, предусмотренную законом.
6. Эксперт, являющийся сотрудником органа судебной экспертизы, считается по
роду своей деятельности ознакомленным с его правами и обязанностями и
предупрежденным об уголовной ответственности за дачу заведомо ложного заключения в
суде.
Статья 758. Переводчик
1. В качестве переводчика назначается любое незаинтересованное в исходе дела
совершеннолетнее лицо, владеющее языками (понимающее знаки немого или глухого),
знания которых необходимы для перевода при производстве по делу об административном
правонарушении.
2. Переводчик назначается судьей, органом (должностным лицом), в производстве
которых находится дело об административном правонарушении.
3. Переводчик вправе: отказаться от участия в производстве по делу, если он
не обладает знаниями, необходимыми для перевода; задавать присутствующим при
осуществлении перевода лицам вопросы для уточнения перевода; знакомиться с
протоколом процессуального действия, в производстве которого он участвовал, и
делать подлежащие занесению в протокол замечания относительно полноты и
правильности фиксации перевода.
4. Переводчик обязан: явиться по вызову судьи, органа (должностного лица), в
производстве которых находится дело об административном правонарушении, и выполнить
полно и точно порученный ему перевод; удостоверить верность перевода своей подписью
в соответствующем протоколе.
5. Переводчик предупреждается об административной ответственности за
выполнение заведомо ложного перевода при рассмотрении дела об административном
правонарушении органом (должностным лицом), уполномоченным рассматривать дела об
административных правонарушениях, и об уголовной ответственности за совершение
этого деяния в суде.
6. Правила настоящей статьи распространяются на привлеченное к участию в деле
об административном правонарушении лицо, понимающее знаки немого или глухого.
Статья 759. Прокурор
1. Высший надзор за точным и единообразным применением законов в процессе
производства по делам об административных правонарушениях от имени государства
осуществляется Генеральным Прокурором Республики Казахстан как непосредственно, так
и через подчиненных ему прокуроров.
При осуществлении своих процессуальных полномочий прокурор независим и
подчиняется только закону.
2. В целях реализации своих полномочий, предусмотренных статьей 760
настоящего Кодекса, прокурор вправе: участвовать в производстве по делам об
административных правонарушениях; представлять доказательства и участвовать в их
исследовании; излагать суду, органу (должностному лицу), рассматривающему дело,
свое мнение о виновности лица, в отношении которого ведется производство по делу об
административном правонарушении, а также по другим вопросам, возникающим в процессе
рассмотрения дела; высказывать суду, органу (должностному лицу), рассматривающему
дело, предложение о применении положений закона и наложении административного
взыскания либо освобождении от него.
3. Прокурор в обязательном порядке извещается о месте и времени рассмотрения
дела об административном правонарушении, совершенном несовершеннолетним лицом, а
также правонарушении, влекущем административный арест. В его отсутствие такое дело
может быть рассмотрено лишь в случае, когда имеются данные о своевременном
извещении прокурора о месте и времени рассмотрения дела и если от него не поступило
ходатайство об отложении рассмотрения дела.
Сноска. Статья 759 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 760. Полномочия прокурора по обеспечению
законности производства по делам об
административных правонарушениях
1. По результатам проверок производства по делам об административных
правонарушениях прокурор вправе:
1) вносить в суд, органу (должностному лицу) протест на постановление по делу
об административном правонарушении;
2) давать письменные указания уполномоченным должностным лицам и органам
(кроме суда) о производстве дополнительной проверки;
3) требовать от уполномоченных органов проведения проверки в подконтрольных
или подведомственных им организациях;
4) в установленных законом случаях прекращать производство об
административном правонарушении;
5) приостанавливать исполнение постановления об административном взыскании;
6) выносить постановление об освобождении лица, незаконно подвергнутого
административному задержанию;
7) выносить постановление или требование о снятии любых мер запретительного
или ограничительного характера, наложенных должностными лицами государственных
органов в связи с исполнением своих обязанностей в случаях нарушения прав и
законных интересов физических, юридических лиц и государства;
8) выносить постановление о возбуждении производства по делу об
административном правонарушении.
2. Акты прокурора, указанные в подпунктах 6) и 7) части первой настоящей
статьи, подлежат незамедлительному исполнению. Должностные лица, виновные в
задержке исполнения указанных актов прокурора, несут ответственность, установленную
законом.
Статья 761. Ответственность за неисполнение
процессуальных обязанностей
1. Неисполнение процессуальных обязанностей, предусмотренных статьями
754, 756, 757, 758 настоящего Кодекса, свидетелем, специалистом, экспертом и
переводчиком влечет административную ответственность, установленную в статьях
658, 659, 661 настоящего Кодекса.
2. В случае совершения действий, указанных в части первой настоящей статьи,
при рассмотрении дела об административном правонарушении, жалобы или протеста на
постановление по делу в протоколах рассмотрения жалобы или протеста на
постановление по делу производится соответствующая запись.
Статья 762. Обстоятельства, исключающие возможность
участия в производстве по делу об
административном правонарушении
1. К участию в производстве по делу об административном правонарушении не
допускаются в качестве защитника и представителя лица, являющиеся сотрудниками
государственных органов, осуществляющих надзор и контроль за соблюдением правил,
нарушение которых явилось основанием для возбуждения данного дела, или если они
ранее выступали в качестве иных участников производства по данному делу.
2. К участию в производстве по делу об административном правонарушении не
допускаются эксперт и переводчик, если: обнаружилась их некомпетентность; они
состоят в родственных отношениях с лицом, привлекаемым к административной
ответственности, потерпевшим, их представителями, защитником, представителем,
прокурором, судьей, должностным лицом, в производстве которых находится данное
дело, либо если они ранее выступали в качестве иных участников производства по
данному делу, а равно если имеются основания считать этих лиц прямо или косвенно
заинтересованными в данном деле.
3. Предыдущее участие лица в деле в качестве эксперта является
обстоятельством, исключающим поручение ему производства экспертизы в случаях, когда
она назначается повторно после проведенной с его участием экспертизы.
Статья 763. Отводы лиц, участие которых в производстве по
делу не допускается
1. При наличии предусмотренных статьей 762 настоящего Кодекса обстоятельств,
исключающих возможность участия защитника, представителя, прокурора, эксперта и
переводчика в производстве по делу об административном правонарушении, указанные
лица подлежат отводу.
2. Заявление о самоотводе или отводе подается судье, органу (должностному
лицу), в производстве которых находится дело об административном правонарушении.
3. Заявление о самоотводе или отводе рассматривается в течение трех суток со
дня подачи заявления.
4. Рассмотрев заявление о самоотводе либо отводе, судья, орган (должностное
лицо) выносят определение об удовлетворении заявления либо об отказе в его
удовлетворении.
Статья 764. Возмещение расходов потерпевшему, свидетелю,
эксперту, специалисту, переводчику или
понятому
1. Потерпевшему, свидетелю, эксперту, специалисту, переводчику и понятому
возмещаются в установленном гражданско-процессуальным законодательством порядке
расходы, понесенные ими в связи с явкой в суд, орган (к должностному лицу), в
производстве которых находится дело об административном правонарушении, в том числе
стоимость проезда указанных лиц от места жительства или пребывания к месту
производства по делу и обратно, а в случаях, когда это связано с пребыванием в
другом месте, – стоимости найма жилого помещения, а также суточные.
2. За лицом, вызываемым в качестве потерпевшего, свидетеля, эксперта,
специалиста, переводчика и понятого, сохраняется в установленном порядке средний
заработок по месту работы за время их отсутствия в связи с явкой в суд, орган (к
должностному лицу), в производстве и рассмотрении которых находится дело об
административном правонарушении.
3. Труд эксперта, специалиста и переводчика оплачивается в порядке,
установленном законодательством.
Глава 39. ДОКАЗАТЕЛЬСТВА И ДОКАЗЫВАНИЕ Статья 765. Доказательства
1. Доказательствами по делу об административном правонарушении являются
законно полученные фактические данные, на основе которых в установленном настоящим
Кодексом порядке судья или орган (должностное лицо), в производстве которого
находится дело об административном правонарушении, устанавливает наличие или
отсутствие деяния, содержащего все признаки состава административного
правонарушения, совершение или несовершение этого деяния лицом, в отношении
которого ведется производство по делу об административном правонарушении,
виновность либо невиновность данного лица, а также иные обстоятельства, имеющие
значение для правильного разрешения дела.
2. Фактические данные, указанные в части первой настоящей статьи,
устанавливаются: объяснениями лица, привлекаемого к административной
ответственности; показаниями потерпевшего, свидетелей; заключениями и показаниями
эксперта, специалиста; вещественными доказательствами; иными документами;
протоколами об административном правонарушении и протоколами процессуальных
действий, предусмотренными настоящим Кодексом.
При рассмотрении материалов об административных правонарушениях в качестве
доказательств могут быть использованы данные, полученные при использовании научно-
технических средств.
3. Фактические данные должны быть признаны недопустимыми в качестве
доказательств, если они получены с нарушениями требований настоящего Кодекса,
которые путем лишения или стеснения гарантированных законом прав участников
производства или нарушением иных правил процесса повлияли или могли повлиять на
достоверность полученных фактических данных, в том числе:
1) с применением насилия, угрозы, обмана, а равно иных незаконных действий;
2) с использованием заблуждения лица, участвующего в процессе, относительно
своих прав и обязанностей, возникшего вследствие неразъяснения, неполного или
неправильного ему их разъяснения;
3) в связи с проведением процессуального действия лицом, не имеющим права
осуществлять производство по данному делу;
4) в связи с участием в процессуальном действии лица, подлежащего отводу;
5) с нарушением порядка производства процессуального действия;
6) от неизвестного источника;
7) с применением в ходе доказывания методов, противоречащих современным
научным знаниям.
4. Недопустимость использования фактических данных в качестве доказательств
устанавливается судьей или органом (должностным лицом), ведущим производство по
делу об административном правонарушении, по собственной инициативе или по
ходатайству участников процесса.
5. Доказательства, полученные с нарушением закона, признаются не имеющими
юридической силы и не могут быть положены в основу решения по делу, а также
использоваться при доказывании любого обстоятельства по делу, за исключением факта
соответствующих нарушений и виновности лиц, их допустивших.
Статья 766. Обстоятельства, подлежащие доказыванию по
делу об административном правонарушении
По делу об административном правонарушении подлежат доказыванию:
1) событие и предусмотренные настоящим Кодексом признаки состава
административного правонарушения;
2) лицо, совершившее противоправное деяние (действие либо бездействие), за
которое настоящим Кодексом предусмотрена административная ответственность;
3) виновность физического лица в совершении административного правонарушения;
4) обстоятельства, смягчающие или отягчающие административную
ответственность;
5) характер и размер ущерба, причиненного административным правонарушением;
6) обстоятельства, влекущие освобождение от административной ответственности;
7) причины и условия, способствовавшие совершению административного
правонарушения, а также иные обстоятельства, имеющие значение для правильного
разрешения дела.
Статья 767. Объяснения лица, в отношении которого ведется
производство по делу об административном
правонарушении, показания потерпевшего и
свидетеля
1. Объяснения лица, в отношении которого ведется производство по делу,
показания потерпевшего и свидетеля представляют собой имеющие отношение к делу
сведения, сообщенные указанными лицами в устной или письменной форме.
2. Объяснения лица, в отношении которого ведется производство по делу,
показания потерпевшего и свидетеля отражаются в протоколе об административном
правонарушении или о применении меры обеспечения производства по делу, а при
необходимости – оформляются протоколом опроса и приобщаются к делу.
3. Объяснения лица, в отношении которого ведется производство по делу об
административном правонарушении, показания свидетелей вносятся в протокол об
административном правонарушении только после полного его заполнения и разъяснения
указанным лицам их прав и обязанностей, предусмотренных настоящим Кодексом.
4. При несоблюдении требований, предусмотренных частью третьей настоящей
статьи, объяснения лица, в отношении которого ведется производство по делу об
административном правонарушении, показания свидетеля считаются не имеющими силы
доказательств и не могут быть признаны в качестве доказательств.
Статья 768. Представление доказательств
1. Доказательства могут представляться сторонами и другими участниками
административного производства.
2. Если представленные доказательства недостаточны, суд либо орган,
рассматривающий дело, может предложить участникам процесса представить
дополнительные доказательства либо собрать их по собственной инициативе.
Статья 769. Основания освобождения от доказывания
1. Обстоятельства, признанные судом, органом (должностным лицом),
уполномоченным рассматривать административное правонарушение, общеизвестными, не
нуждаются в доказывании.
2. Обстоятельства, установленные вступившим в силу решением суда по
гражданскому делу или постановлением судьи по иному делу об административном
правонарушении, не нуждаются в доказывании при рассмотрении других дел об
административных правонарушениях, в которых участвуют те же лица.
3. Следующие обстоятельства считаются установленными без доказательств, если
в рамках надлежащей правовой процедуры не будет установлено обратного:
1) правильность общепринятых в современной науке, технике, искусстве, ремесле
методов исследования;
2) знание лицом закона;
3) знание лицом своих служебных и профессиональных обязанностей;
4) отсутствие специальных подготовки или образования у лица, не
представившего в подтверждение их наличия документа и не указавшего учебное
заведение или другое учреждение, где оно получило специальную подготовку или
образование.
Статья 770. Обеспечение доказательств
1. Стороны, имеющие основание опасаться, что представление необходимых для
них доказательств сделается невозможным или затруднительным, могут просить судью,
орган (должностное лицо), рассматривающий дело об административном правонарушении,
об обеспечении этих доказательств.
2. Обеспечение доказательств производится путем требования от организаций
независимо от их участия в деле представления документов, сведений и заключений,
производства экспертизы, осмотра на месте и иными способами.
Статья 771. Заявление об обеспечении доказательств
1. В заявлении об обеспечении доказательств должны быть указаны:
доказательства, которые необходимо обеспечить; обстоятельства, для подтверждения
которых необходимы эти доказательства; причины, побудившие заявителя обратиться с
просьбой об обеспечении, а также дело, для которого необходимы эти доказательства.
2. Заявление подается в суд, орган (должностное лицо), рассматривающий дело
об административном правонарушении.
Статья 772. Назначение и производство экспертизы
1. Экспертиза назначается судьей, органом (должностным лицом), в производстве
которого находится дело об административном правонарушении, когда обстоятельства,
имеющие значение для дела, могут быть получены в результате исследования материалов
дела, проводимого экспертом на основе специальных научных знаний.
2. Наличие в деле актов ревизий, проверок, заключений ведомственных
инспекций, а также официальных документов, составленных по результатам
исследований, проводимых специалистами в ходе процессуальных действий, не исключает
возможности проведения экспертизы по тем же вопросам.
3. Судья, орган (должностное лицо), в производстве которого находится дело об
административном правонарушении, может назначить экспертизу по ходатайству сторон
или собственной инициативе.
4. Производство экспертизы может быть поручено сотрудникам органов экспертизы
либо иным лицам, удовлетворяющим требованиям статьи 757 настоящего Кодекса.
Производство экспертизы может быть поручено лицу из числа предложенных сторонами.
Требование судьи, должностного лица о вызове лица, которому поручено производство
экспертизы, обязательно для руководителя организации, где работает указанное лицо.
5. О назначении экспертизы судья, орган (должностное лицо), в производстве
которого находится дело об административном правонарушении, выносит определение, в
котором указывает:
1) фамилию, инициалы судьи, должностного лица, наименование суда, органа;
2) время, место назначения экспертизы;
3) основания для назначения экспертизы;
4) фамилию, имя, отчество (при его наличии) эксперта или наименование органа
экспертизы, в котором она должна быть произведена;
5) вопросы, поставленные перед экспертом;
6) перечень материалов, предоставляемых в распоряжение эксперта.
В определении также должны быть записи о разъяснении эксперту его прав и
обязанностей и о предупреждении его об ответственности за дачу заведомо ложного
заключения.
6. Для производства сложных экспертных исследований может быть назначена
комиссионная экспертиза, которая проводится не менее чем двумя экспертами одной
специальности.
7. Если для установления обстоятельства, имеющего значение для дела,
необходимы исследования на основе разных отраслей знаний, назначается комплексная
экспертиза, которая проводится экспертами разных специальностей в пределах своей
компетенции.
8. До направления определения о назначении экспертизы для исполнения судья
или орган (должностное лицо), назначивший судебную экспертизу, обязан ознакомить с
ним лицо, в отношении которого ведется производство по делу об административном
правонарушении, и потерпевшего, разъяснить им права:
1) заявлять отвод эксперту или ходатайство об отстранении от производства
экспертизы органа судебной экспертизы;
2) ходатайствовать о назначении в качестве экспертов указанных ими лиц или
сотрудников конкретных органов судебной экспертизы, а также о проведении экспертизы
комиссией экспертов;
3) ходатайствовать о постановке перед экспертом дополнительных вопросов или
об уточнении поставленных;
4) с разрешения судьи или органа (должностного лица), назначившего судебную
экспертизу, присутствовать при производстве экспертизы, давать объяснения эксперту,
за исключением случаев, препятствующих производству экспертизы;
5) знакомиться с заключением эксперта либо сообщением о невозможности дать
заключение после его поступления судье или органу (должностному лицу), назначившему
судебную экспертизу, представлять свои замечания, заявлять ходатайства о назначении
дополнительной или повторной экспертизы, назначении новых экспертиз.
Экспертиза потерпевших производится только с их письменного согласия. Если
эти лица не достигли совершеннолетия или признаны судом недееспособными, письменное
согласие на проведение экспертизы дается их законными представителями.
9. По результатам производства экспертизы эксперт (эксперты) дает от своего
имени заключение, составленное в соответствии с требованиями статьи 773 настоящего
Кодекса, и направляет его судье, органу (должностному лицу), назначившему
экспертизу.
10. При недостаточной ясности или полноте заключения, а также возникновении
необходимости решения дополнительных вопросов, связанных с предыдущим
исследованием, может быть назначена дополнительная экспертиза, производство которой
поручается тому же или иному эксперту (экспертам).
11. Если заключение эксперта недостаточно обосновано либо его выводы вызывают
сомнение или были существенно нарушены процессуальные нормы о назначении и
производстве экспертизы, для исследования тех же объектов и решения тех же вопросов
может быть назначена повторная экспертиза, производство которой поручается комиссии
экспертов, в которую не входит эксперт (эксперты), проводивший предыдущую
экспертизу.
12. Определение судьи, органа (должностного лица) о назначении дополнительной
и повторной экспертиз должно быть мотивированным. При поручении дополнительной и
повторной экспертиз эксперту (экспертам) должны быть представлены заключения,
составленные по результатам предыдущих экспертиз.
13. Если эксперт до проведения исследования убеждается, что поставленные
перед ним вопросы выходят за пределы его специальных знаний либо представленные ему
материалы непригодны или недостаточны для дачи заключения и не могут быть
восполнены, либо состояние науки и экспертной практики не позволяет ответить на
поставленные вопросы, он составляет мотивированное сообщение о невозможности дать
заключение и направляет его судье, органу (должностному лицу).
Статья 773. Заключение и показания эксперта и специалиста
1. Заключение эксперта – это представленные в письменной форме выводы по
вопросам, поставленным перед ним судьей, органом (должностным лицом), в
производстве которого находится дело об административном правонарушении, основанные
на результатах исследования материалов дела, в том числе вещественных доказательств
и образцов, проведенного с использованием специальных научных знаний. В заключении
указываются также методы, примененные экспертом при исследовании, обоснование
ответов на поставленные вопросы и обстоятельства, имеющие значение для дела,
установленные по инициативе самого эксперта.
2. Заключение составляется экспертом (экспертами) после производства
исследований с учетом его результатов от своего имени, удостоверяется его (их)
подписью и личной печатью. В случае производства экспертизы органом экспертизы
подпись эксперта заверяется печатью указанного органа.
3. В заключении эксперта должны быть указаны: дата его оформления, сроки и
место производства экспертизы; основания производства судебной экспертизы; сведения
о судье, об органе (должностном лице), в производстве которых находится дело об
административном правонарушении; сведения об органе судебной экспертизы и (или)
эксперте (экспертах), которым поручено производство экспертизы (фамилия, имя,
отчество (при его наличии), образование, специальность, стаж работы по
специальности, ученая степень и ученое звание, занимаемая должностю( � отметка,
удостоверенная подписью эксперта о том, что он предупрежден об уголовной
ответственности за дачу заведомо ложного заключения в суде; вопросы, поставленные
перед экспертом (экспертами); сведения об участниках процесса, присутствовавших при
производстве экспертизы, и данных ими пояснениях; объекты; содержание и результаты
исследований с указанием использованных методик; оценка результатов проведенных
исследований, обоснование и формулировка выводов по поставленным перед экспертом
(экспертами) вопросам.
4. Заключение должно содержать обоснование невозможности ответить на все или
некоторые из поставленных вопросов, если обстоятельства, указанные в части
тринадцатой статьи 772 настоящего Кодекса, выявлены в ходе исследования.
5. Показания эксперта – сведения, сообщенные им в ходе рассмотрения дела об
административном правонарушении в целях разъяснения или уточнения представленного
им заключения в соответствии с требованиями статьи 757 настоящего Кодекса.
6. Заключение специалиста – это представленное в письменном виде суждение по
вопросам, поставленным перед специалистом уполномоченным должностным лицом,
осуществляющим производство по делу об административном правонарушении, или
сторонами, при ответах на которые не требуется проведения соответствующего
исследования.
7. Заключение специалиста состоит из вводной, описательной частей и выводов.
В вводной части должно указываться: дата, место, время дачи заключения; должностное
лицо, поручившее производство специального исследования; сведения о специалисте
(фамилия, имя, отчество (при его наличии), образование, специальность, стаж работы
по специальности, ученая степень, ученое звание, занимаемая должность).
Описательная часть содержит вопросы, поставленные перед специалистом, объекты,
материалы, документы, представленные специалисту для дачи заключения, лица,
присутствующие при исследовании. Выводы отражают ответы специалиста на поставленные
вопросы и их научное обоснование.
8. Показания специалиста – сведения, сообщенные им в ходе рассмотрения дела
об административном правонарушении, об обстоятельствах, требующих специальных
знаний, а также разъяснение своего мнения в соответствии с требованиями статьи 756
настоящего Кодекса.
9. Материалы, иллюстрирующие заключение эксперта, специалиста (фототаблицы,
схемы, графики, таблицы и другие материалы), удостоверенные в порядке,
предусмотренном частью второй настоящей статьи, прилагаются к заключению и являются
его составной частью. К заключению также должны быть приложены оставшиеся после
исследования объекты, в том числе образцы.
10. Заключение эксперта, специалиста не является обязательным для суда,
органа (должностного лица), в производстве которых находится дело об
административном правонарушении, однако их несогласие с заключением должно быть
мотивировано.
Статья 774. Получение образцов
1. Судья вправе получить образцы, в том числе отображающие свойства человека,
животного, вещества, предмета, если их исследование имеет значение для дела.
2. К образцам относятся также пробы материалов, веществ, сырья, готовой
продукции.
3. О получении образцов выносится мотивированное определение, в котором
должны быть указаны: лицо, которое будет получать образцы; лицо (организация), у
которого следует получить образцы; какие именно образцы и в каком количестве должны
быть получены; когда и к кому должно явиться лицо для получения у него образцов;
когда и кому должны быть представлены образцы после их получения.
4. Образцы могут быть получены судьей лично, а при необходимости – с участием
врача или другого специалиста, если это не сопряжено с обнажением лица
противоположного пола, у которого берутся образцы, и не требует особых
профессиональных навыков. В иных случаях образцы могут быть получены по поручению
судьи врачом или другим специалистом.
5. Правом получения образцов обладают судья, эксперт, врач или другой
специалист.
6. В случаях, когда получение образцов является частью экспертного
исследования, оно может быть произведено экспертом.
7. Образцы могут быть получены у сторон, а также у третьих лиц.
8. Судья вызывает к себе лицо, знакомит его под расписку с определением о
получении образцов, разъясняет ему и иным лицам, участвующим в данном
процессуальном действии, их права и обязанности.
9. Судья лично или с участием специалиста производит необходимые действия,
получает образцы, упаковывает их и опечатывает.
10. Результаты получения образцов фиксируются в протоколе процессуального
действия (судебного заседания), в котором описываются действия, предпринятые для
получения образцов, в той последовательности, в которой они производились,
примененные при этом научно-исследовательские и другие методы и процедуры, а также
сами образцы.
Статья 775. Получение образцов врачом или другим
специалистом, а также экспертом
1. Судья направляет к врачу или другому специалисту лицо, у которого должны
быть получены образцы, а также определение с соответствующим поручением. В
определении должны быть указаны права и обязанности всех участников данного
процессуального действия.
2. Врач или другой специалист по поручению судьи производит необходимые
действия и получает образцы. Образцы упаковываются и опечатываются, после чего
вместе с официальным документом, составленным врачом или другим специалистом,
направляются судье.
3. В процессе исследования экспертом могут быть изготовлены экспериментальные
образцы, о чем он сообщает в заключении.
4. Судья вправе присутствовать при изготовлении таких образцов, что
отражается в составляемом им протоколе.
5. После проведения исследования эксперт прилагает образцы к своему
заключению в упакованном и опечатанном виде.
6. Если образцы получены по поручению судьи специалистом или экспертом, он
составляет официальный документ, который подписывается всеми участниками
процессуального действия и передается судье для приобщения к материалам дела.
7. К протоколу прилагаются полученные образцы в упакованном и опечатанном
виде.
Статья 776. Охрана прав личности при получении образцов
Методы и научно-технические средства получения образцов должны быть безопасны
для жизни и здоровья человека. Применение сложных медицинских процедур или методов,
вызывающих сильные болевые ощущения, допускается лишь с письменного согласия на это
лица, у которого должны быть получены образцы, а если оно не достигло
совершеннолетия или страдает психическим заболеванием, то и с согласия его законных
представителей.
Статья 777. Вещественные доказательства
1. Вещественными доказательствами по делу об административном правонарушении
являются предметы, явившиеся орудием либо предметом правонарушения либо сохранившие
на себе его следы.
2. В необходимых случаях вещественные доказательства фотографируются или
фиксируются иным способом и приобщаются к делу, о чем производится запись в
протоколе об административном правонарушении или ином протоколе, предусмотренном
настоящим Кодексом.
3. Судья, орган (должностное лицо), в производстве которых находится дело об
административном правонарушении, обязаны принять необходимые меры к обеспечению
сохранности вещественных доказательств до разрешения дела по существу, а также
принять о них решение по окончании рассмотрения дела.
Статья 778. Научно-технические средства
1. Суд, орган (должностное лицо) и участники производства по делу об
административном правонарушении вправе использовать и представлять фактические
данные, полученные при использовании научно-технических средств.
2. Использование научно-технических средств признается допустимым, если они:
1) прямо предусмотрены законом или не противоречат его нормам и принципам;
2) научно состоятельны;
3) обеспечивают эффективность производства по делу;
4) безопасны.
3. Фактические данные, полученные при использовании научно-технических
средств, отражаются в протоколе об административном правонарушении или
постановлении по делу об административном правонарушении.
Статья 779. Документы
1. Документы признаются доказательствами по делу, если сведения, изложенные
или удостоверенные в них организациями, должностными лицами и физическими лицами,
имеют значение для дела об административном правонарушении.
2. Документы могут содержать сведения, зафиксированные как в письменной, так
и иной форме. К документам могут относиться, в том числе материалы, содержащие
компьютерную информацию, фото– и киносъемки, звуко– и видеозаписи, полученные,
истребованные или представленные в порядке, предусмотренном настоящим Кодексом.
3. Водительское удостоверение на право управления транспортным средством
является документом, имеющим значение для дела только в случаях проверки его
подлинности и принятия решения о лишении физического лица права управления
транспортным средством.
4. Судья, орган (должностное лицо), в производстве которых находится дело об
административном правонарушении, обязаны принять необходимые меры к обеспечению
сохранности документов до разрешения дела по существу, а также принять о них
решение по окончании рассмотрения дела.
5. В случаях, когда документы обладают признаками, указанными в статье 777
настоящего Кодекса, они являются вещественными доказательствами.
Статья 780. Истребование дополнительных сведений
1. Судья, орган (должностное лицо), в производстве которых находится дело об
административном правонарушении, вправе вынести определение об истребовании от
организаций, общественных объединений дополнительных сведений, необходимых для
разрешения дела.
2. В определении судьи, органа (должностного лица) об истребовании
дополнительных сведений кратко излагается существо рассматриваемого дела,
указываются обстоятельства, подлежащие выяснению. Это определение является
обязательным для суда, которому оно направлено, и подлежит выполнению в
установленный срок.
3. Истребуемые сведения должны быть направлены в течение трех суток со дня
получения требования.
4. При невозможности представления указанных сведений организация,
общественное объединение обязаны в течение трех суток уведомить об этом в
письменной форме судью, орган (должностное лицо), вынесших определение.
Статья 781. Доказывание
1. Доказывание состоит в собирании, проверке и оценке доказательств с целью
установления обстоятельств, имеющих значение для законного, обоснованного и
справедливого рассмотрения дел об административных правонарушений.
2. Обязанность доказывания наличия оснований административной ответственности
и вины правонарушения лежит на органе (должностном лице), уполномоченном
осуществлять производство по делам об административных правонарушениях.
Статья 782. Собирание доказательств
1. Собирание доказательств производится в процессе производства по делам об
административных правонарушениях путем осуществления действий, предусмотренных
настоящим Кодексом.
2. Предметы и документы после их оценки приобщаются к делу, о чем делается
соответствующая запись в протоколе об административных правонарушениях или
составляется отдельный протокол.
Принятие предметов и документов от лиц, являющихся участниками производства
по делам об административных правонарушениях, осуществляется на основании
ходатайства.
Статья 783. Проверка доказательств
Все собранные по делу об административном правонарушении доказательства
подлежат тщательной, всесторонней и объективной проверке. Проверка включает анализ
полученного доказательства, его сопоставление с другими доказательствами, собирание
дополнительных доказательств, проверку источников получения доказательств.
Статья 784. Оценка доказательств
1. Оценка доказательств – это логическая мыслительная деятельность, состоящая
в анализе и синтезе доказательств и завершающаяся выводом об относимости,
допустимости, достоверности и значении отдельных доказательств и достаточности их
совокупности для обоснования принятого решения.
2. Судья, орган (должностное лицо), осуществляющие производство по делу об
административном правонарушении, оценивают доказательства по своему внутреннему
убеждению, основанному на всестороннем, полном и объективном рассмотрении
доказательств в их совокупности, руководствуясь законом и совестью. Никакие
доказательства не имеют заранее установленной силы.
3. Каждое доказательство подлежит оценке с точки зрения относимости,
допустимости, достоверности, а все собранные доказательства в совокупности –
достаточности для разрешения дела.
4. Доказательство признается относящимся к делу, если оно представляет собой
фактические данные, которые подтверждают, опровергают или ставят под сомнение
выводы о существовании обстоятельств, имеющих значение для дела.
5. Доказательство признается допустимым, если оно получено в порядке,
предусмотренном настоящим Кодексом.
6. Доказательство признается достоверным, если в результате проверки
выясняется, что оно соответствует действительности.
7. Совокупность доказательств признается достаточной для разрешения дела,
если собраны все относящиеся к делу допустимые и достоверные доказательства,
неоспоримо устанавливающие истину о всех и каждом из обстоятельств, подлежащих
доказыванию.
Глава 40. ПРИНЯТИЕ МЕР ОБЕСПЕЧЕНИЯ ПРОИЗВОДСТВА ПО ДЕЛАМ
ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ Статья 785. Меры обеспечения производства по делу об
административном правонарушении
1. В целях пресечения административного правонарушения, установления личности
подозреваемого в его совершении, составления протокола об административном
правонарушении, когда невозможно его составление на месте совершения
административного правонарушения, обеспечения своевременного и правильного
рассмотрения дела и исполнения принятого по делу постановления, предотвращения
непосредственной угрозы жизни или здоровью людей, угрозы аварии или техногенных
катастроф уполномоченное должностное лицо вправе в пределах своих полномочий
применять в отношении физического лица следующие меры обеспечения производства по
делу об административном правонарушении:
1) доставление к месту составления протокола об административном
правонарушении;
2) административное задержание физического лица;
3) привод;
4) личный досмотр и досмотр вещей, находящихся при физическом лице;
5) досмотр транспортных средств, маломерных судов;
6) изъятие документов и вещей;
7) отстранение от управления транспортным средством или маломерным судном и
освидетельствование его на состояние алкогольного, наркотического,
токсикоманического опьянения;
8) задержание, доставление и запрещение эксплуатации транспортного средства
или маломерного судна;
9) осмотр;
10) медицинское освидетельствование физического лица на состояние
алкогольного, наркотического или токсикоманического опьянения;
11) приостановление либо запрещение деятельности или отдельных ее видов в
порядке статьи 48 настоящего Кодекса.
2. В отношении юридического лица могут быть применены следующие меры
обеспечения производства по делу об административном правонарушении:
1) осмотр принадлежащих юридическому лицу помещений, территорий, находящихся
там товаров, транспортных средств и иного имущества, а также соответствующих
документов;
2) изъятие документов, принадлежащих юридическому лицу;
3) наложение ареста или изъятие товаров, транспортных средств и иного
имущества, принадлежащих юридическому лицу;
4) приостановление либо запрещение деятельности или отдельных ее видов в
порядке статьи 48 настоящего Кодекса.
3. Меры обеспечения производства по делу об административном правонарушении
могут применяться до возбуждения дела об административном правонарушении (кроме
личного досмотра, досмотра вещей, находящихся при физическом лице) в период
производства по делу, а также на стадии исполнения постановления по делу об
административном правонарушении.
4. Каждая из перечисленных в частях первой и второй настоящей статьи мер
обеспечения производства по делу об административном правонарушении может
применяться отдельно или одновременно с другими мерами, если это вызвано
необходимостью.
5. Должностное лицо несет ответственность за вред, причиненный незаконным
применением мер обеспечения производства по делу об административном
правонарушении.
6. Применение мер обеспечения производства по делу об административном
правонарушении может быть обжаловано в порядке, предусмотренном главой 44
настоящего Кодекса.
Статья 786. Доставление
1. Доставление, то есть принудительное препровождение физического лица,
представителя юридического лица, должностного лица, а в случаях, предусмотренных
подпунктами 1), 3), 4), 5) и 7) настоящей статьи, транспортного средства и других
орудий совершения правонарушения в целях пресечения правонарушения, установления
личности правонарушителя, а также составления протокола об административном
правонарушении либо вынесения защитного предписания при невозможности составить их
на месте выявления административного правонарушения, если составление протокола
является обязательным, производится при совершении:
1) нарушений правил пользования средствами транспорта, правил по охране
порядка и безопасности движения, правил, направленных на обеспечение сохранности
грузов на транспорте, правил пожарной безопасности, санитарно-гигиенических и
санитарно-противоэпидемических правил на транспорте – уполномоченным на то лицом в
орган внутренних дел (полиции), если у него нет документов, удостоверяющих
личность, и нет свидетелей, которые могут сообщить необходимые данные о нем, а
также если у него отсутствуют необходимые документы на транспортное средство;
2) лесонарушений или нарушений правил охоты, правил рыболовства и охраны
рыбных запасов и других нарушений законодательства об охране и использовании
животного мира – работниками государственной и ведомственной охраны лесного и
охотничьего хозяйства, уполномоченными на то должностными лицами органов,
осуществляющих государственный надзор за соблюдением правил охоты, органов
рыбоохраны, должностными лицами других органов, осуществляющих государственный и
ведомственный контроль за охраной и использованием животного мира, должностными
лицами заповедников и других особо охраняемых природных территорий, а также
сотрудниками органов внутренних дел (полицией) в орган внутренних дел (полицию) или
в орган местного управления;
3) административных правонарушений, связанных с посягательством на охраняемые
объекты, другое чужое имущество, – работниками военизированной охраны в служебное
помещение военизированной охраны или в орган внутренних дел (полицию);
4) нарушений режима Государственной границы Республики Казахстан,
пограничного и таможенного режимов, режима в пунктах пропуска через Государственную
границу Республики Казахстан и таможенную границу Таможенного союза, злостного
неповиновения законному распоряжению или требованию военнослужащего Пограничной
службы Комитета национальной безопасности Республики Казахстан, военнослужащих иных
войск, воинских формирований, сотрудника органов внутренних дел (полиции) –
военнослужащим, сотрудником органов внутренних дел (полиции) или другим физическим
лицом, исполняющим обязанности по охране Государственной границы Республики
Казахстан, в подразделение, воинскую часть, Пограничную службу Комитета
национальной безопасности Республики Казахстан, в орган внутренних дел (полицию),
орган местного управления;
5) правонарушений в сфере предпринимательской деятельности, торговли и
финансов, налогообложения, таможенного дела – сотрудниками службы экономических
расследований;
6) правонарушений, посягающих на установленный порядок управления и
институты государственной власти, коррупционных правонарушений – сотрудниками
антикоррупционной службы;
7) правонарушений, совершенных при проведении охранных мероприятий по
обеспечению безопасности охраняемых лиц, – сотрудниками Службы государственной
охраны Республики Казахстан;
8) иных административных правонарушений при наличии соответствующих поручений
прокурора или просьбы со стороны должностных лиц, уполномоченных составлять
протоколы об административных правонарушениях, – сотрудниками органов внутренних
дел в орган внутренних дел (полицию) или иной государственный орган.
2. При совершении правонарушений на континентальном шельфе, в территориальных
водах (море) и внутренних водах Республики Казахстан нарушитель, личность которого
не может быть установлена на месте, а также используемые для осуществления
незаконной деятельности на континентальном шельфе, в территориальных водах (море) и
внутренних водах Республики Казахстан суда и орудия совершения административного
правонарушения, принадлежность которых не может быть установлена при осмотре,
подлежат доставке в порт Республики Казахстан (иностранные суда – в один из портов
Республики Казахстан, открытых для захода иностранных судов) для пресечения
правонарушения, а также для установления личности нарушителя и принадлежности
задержанных судов, орудий совершения правонарушения и составления протокола об
административном правонарушении.
3. Доставление должно быть произведено в возможно короткий срок.
4. О доставлении составляется протокол либо делается соответствующая запись в
протоколе об административном правонарушении или административном задержании.
При невозможности осуществить доставление лица в сроки, предусмотренные для
привлечения его к административной ответственности, в адрес обратившегося органа
(должностного лица) направляется письменное уведомление с указанием причин, по
которым доставление не произведено.
Сноска. Статья 786 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 787. Административное задержание
Административное задержание, то есть кратковременное ограничение личной
свободы физического лица, представителя юридического лица, должностного лица с
целью пресечения правонарушения или обеспечения производства, может производиться:
1) органами внутренних дел (полицией) – при выявлении административных
правонарушений, дела о которых в соответствии со статьей 685 настоящего Кодекса
рассматривают органы внутренних дел (полиции), либо административных
правонарушений, по делам о которых в соответствии с подпунктом 1) части
первой статьи 804 настоящего Кодекса составляют протоколы об административном
правонарушении;
2) комендатурой местности, где объявлено чрезвычайное положение, и военными
патрулями – при нарушении режима чрезвычайного положения и действий, провоцирующих
нарушение правопорядка в условиях чрезвычайного положения;
3) должностными лицами, участвующими в антитеррористической операции, в
пределах установленной компетенции – при нарушении правового режима
антитеррористической операции или невыполнении требований, установленных в связи с
объявлением антитеррористической операции;
4) должностными лицами Пограничной службы Комитета национальной безопасности
Республики Казахстан – при выявлении административных правонарушений,
рассматриваемых ими в соответствии с частью третьей статьи 726 настоящего Кодекса
либо административных правонарушений, по делам о которых в соответствии с
подпунктом 44) части первой статьи 804 настоящего Кодекса составляют протоколы об
административном правонарушении;
5) старшим в месте расположения охраняемого объекта военнослужащим,
сотрудником органов внутренних дел, специальных государственных органов,
должностным лицом военизированной охраны – при совершении правонарушений, связанных
с посягательством на охраняемые объекты, другое чужое имущество;
6) органами рыбоохраны, органами, осуществляющими государственный надзор за
соблюдением правил охоты, и органами лесного и охотничьего хозяйства – при
нарушении правил, контроль за соблюдением которых осуществляют эти органы;
7) органами транспортного контроля – при нарушении правил, контроль за
соблюдением которых осуществляют эти органы;
8) должностными лицами военной полиции – при нарушении водителями или другими
лицами, управляющими транспортными средствами Вооруженных Сил Республики Казахстан,
других войск и воинских формирований Республики Казахстан правил дорожного
движения;
9) органами государственного контроля в области охраны окружающей среды и
использования природных ресурсов, заповедников и других особо охраняемых природных
территорий – при нарушении природоохранного законодательства;
10) должностными лицами органов государственных доходов – при совершении
правонарушений в сферах предпринимательской деятельности, торговли и финансов,
налогообложения, таможенного дела в соответствии с подведомственностью дел об
административных правонарушениях;
11) должностными лицами антикоррупционной службы – при совершении
правонарушений, посягающих на установленный порядок управления и институты
государственной власти, коррупционных правонарушений в соответствии с
подведомственностью дел об административных правонарушениях;
12) должностными лицами органов государственного горного надзора, Пограничной
службы Комитета национальной безопасности Республики Казахстан, уполномоченного
органа по геологии и использованию недр, органов по охране окружающей среды и
природных ресурсов, республиканского органа по рыболовству – при совершении
административных правонарушений на континентальном шельфе, территориальных водах
(море) и внутренних водах, связанных с нарушением условий лицензии,
регламентирующих разрешенную деятельность на континентальном шельфе,
территориальных водах (море) и внутренних водах Республики Казахстан, нарушением
правил проведения ресурсных или морских научных исследований, нарушением правил
захоронения отходов и других материалов, невыполнением законных требований
должностных лиц органов охраны континентального шельфа, территориальных вод (моря)
и внутренних вод Республики Казахстан об остановке судна или воспрепятствованием
его осуществлению;
13) исключен Законом РК от 29.12.2014 № 272-V (вводится в действие
01.01.2015);
14) должностными лицами Службы государственной охраны Республики Казахстан –
если правонарушение совершено во время проведения охранных мероприятий по
обеспечению безопасности охраняемых лиц;
15) судебными приставами – при невыполнении требований о прекращении
противоправных действий в зале во время судебного заседания, а также в ходе
принудительного исполнения исполнительных документов.
Сноска. Статья 787 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 788. Порядок административного задержания
1. Об административном задержании составляется протокол. В протоколе
указываются дата, время (с точностью до минуты) и место его составления; должность,
фамилия и инициалы лица, составившего протокол; сведения о личности задержанного;
время, место и основания задержания. Протокол подписывается должностным лицом, его
составившим, и задержанным. В случае отказа задержанного от подписания протокола в
нем делается запись об этом. Копия протокола о задержании вручается лицу,
задержанному за совершение административного правонарушения.
2. По просьбе лица, задержанного за совершение административного
правонарушения, о месте его нахождения незамедлительно уведомляются его
родственники, администрация по месту работы или учебы, а также защитник. О
задержании несовершеннолетнего уведомление его родителей или лиц, их заменяющих,
обязательно.
3. Об административном задержании военнослужащего или гражданина, призванного
на военные сборы, незамедлительно уведомляется военная комендатура или воинская
часть, в которой задержанный проходит воинские сборы (воинскую службу).
4. Задержанному лицу разъясняются его права и обязанности, предусмотренные
настоящим Кодексом, о чем делается соответствующая запись в протоколе об
административном задержании.
5. Неразъяснение задержанному лицу его прав и обязанностей является
существенным нарушением производства по делу об административном правонарушении и
влечет ответственность, предусмотренную законодательством Республики Казахстан.
6. Лицо, задержанное в порядке, установленном настоящим Кодексом, подлежит
незамедлительному освобождению при отпадении обстоятельств, послуживших основанием
для его задержания.
7. Лица, подвергнутые административному задержанию, содержатся в специально
отведенных для этого помещениях, отвечающих санитарным требованиям и исключающих
возможность их самовольного оставления.
8. Условия содержания лиц, подвергнутых административному задержанию, нормы
питания и порядок медицинского обслуживания таких лиц определяются органами
исполнительной власти.
9. Несовершеннолетние, в отношении которых применено административное
задержание, содержатся отдельно от взрослых лиц.
Статья 789. Сроки административного задержания
1. Административное задержание осуществляется в течение времени, необходимого
для достижения целей, указанных в статье 785 настоящего Кодекса, и может длиться не
более трех часов.
Началом срока задержания является тот час с точностью до минуты, когда
ограничение свободы задержанного лица стало реально, независимо от придания
задержанному какого-либо процессуального статуса или выполнения иных формальных
процедур. Срок административного задержания в отношении лица, находящегося в
состоянии опьянения, – со времени его вытрезвления, удостоверенного медицинским
работником. Моментом окончания этого срока является истечение трех часов,
исчисляемых непрерывно со времени фактического задержания.
2. Лицо, в отношении которого возбуждено производство за незаконное
проникновение на охраняемые объекты, нарушения режима Государственной границы
Республики Казахстан, пограничного и таможенного режимов или режима в пунктах
пропуска через Государственную границу Республики Казахстан и таможенную границу
Таможенного союза, а также об административном правонарушении на континентальном
шельфе, территориальных водах (море) и внутренних водах Республики Казахстан, может
быть задержано в необходимых случаях для установления личности и выяснения
обстоятельств правонарушения до сорока восьми часов с сообщением об этом письменно
прокурору в течение двадцати четырех часов с момента задержания. Лица, допустившие
нарушение порядка, установленного в связи с введением комендантского часа в
местности, где объявлено чрезвычайное положение, могут быть задержаны сотрудниками
органов внутренних дел (полицией) или военными патрулями до окончания
комендантского часа, а те из них, которые не имеют при себе документов, – до
установления их личности, не более чем на сорок восемь часов.
Статья 790. Привод
1. В случаях, предусмотренных статьей 785 настоящего Кодекса, производится
привод физического лица либо представителя юридического лица, в отношении которого
ведется производство по административному делу, законного представителя
несовершеннолетнего лица, привлекаемого к административной ответственности.
2. Привод производится органами внутренних дел и финансовой полиции на
основании определения судьи, органа (должностного лица), рассматривающего дело об
административном правонарушении, в порядке, установленном соответственно
Министерством внутренних дел Республики Казахстан и Агентством Республики Казахстан
по борьбе с экономической и коррупционной преступностью (финансовой полицией) по
делам об административных правонарушениях, рассматриваемых органами финансовой
полиции.
Статья 791. Личный досмотр и досмотр вещей, находящихся
при физическом лице
1. Личный досмотр – принудительное обследование тела человека и его одежды в
целях выявления и предупреждения правонарушений, обнаружения и изъятия документов,
вещей и других предметов, явившихся орудием совершения либо предметом
административного правонарушения.
2. Досмотр вещей, находящихся при физическом лице, – обследование вещей,
находящихся при физическом лице, без нарушения их конструктивной целостности.
3. Личный досмотр и досмотр вещей, находящихся при физическом лице,
производятся только уполномоченными должностными лицами, перечень которых определен
в статье 787 настоящего Кодекса и является исчерпывающим. Производство указанных
мер другими лицами запрещается и влечет ответственность, предусмотренную законом.
4. Личный досмотр может производиться лицом одного пола с досматриваемым и в
присутствии двух понятых того же пола.
5. Личный досмотр и досмотр вещей, находящихся при физическом лице, могут
производиться только в период производства по делу об административном
правонарушении. Основанием для проведения личного досмотра и досмотра вещей,
находящихся при физическом лице, является совершение лицом административного
правонарушения.
6. Досмотр вещей (ручной клади, багажа, орудий охоты и рыбной ловли, добытой
продукции и иных предметов), находящихся при физическом лице, производится в
присутствии лица, в собственности или владении которого эти вещи находятся, и с
участием двух понятых.
7. В исключительных случаях при наличии оснований полагать, что при
физическом лице находятся оружие или иные предметы, которые могут быть использованы
для причинения вреда жизни и здоровью окружающих, личный досмотр, досмотр вещей
могут быть произведены без понятых с уведомлением об этом в течение двадцати
четырех часов прокурора.
8. При отсутствии реальной возможности участия понятых в проведении личного
досмотра и досмотра вещей, находящихся при физическом лице (в труднодоступной
местности, ночное время суток, в условиях чрезвычайного или военного положения),
они могут производиться без участия понятых с обязательным применением технических
средств фиксации его хода и результатов.
9. В необходимых случаях производятся фото– и киносъемка, видеозапись,
применяются иные установленные способы фиксации вещественных доказательств.
10. О личном досмотре, досмотре вещей, находящихся при физическом лице,
составляется протокол. Копия протокола о личном досмотре вручается лицу, в
отношении которого ведется производство по делу, его законному представителю. В
протоколе указываются дата, время и место его составления, должность, фамилия и
инициалы лица, составившего протокол, сведения о лице, подвергнутом личному
досмотру, виде, количестве, иных идентификационных признаках вещей, в том числе о
типе, марке, модели, калибре, серии, номере, признаках оружия, количестве и виде
боевых припасов, специальных технических средств для проведения специальных
оперативно-розыскных мероприятий и криптографических средств защиты информации.
11. В протоколе досмотра делается запись о применении фото– и киносъемки,
видеозаписи, иных способов фиксации документов. Материалы, полученные при
проведении осмотра с применением фото– и киносъемки, видеозаписи, иных
установленных средств фиксации вещественных доказательств, прилагаются к
соответствующему протоколу.
12. Протокол личного досмотра, досмотра вещей подписывается должностным
лицом, его составившим, лицом, подвергнутым личному досмотру, владельцем вещей,
подвергнутых досмотру, понятыми. В случае отказа лица, подвергнутого личному
досмотру, владельца вещей, подвергнутых досмотру, от подписания протокола в нем
производится соответствующая запись.
Статья 792. Досмотр транспортных средств, маломерных
судов
1. Досмотр транспортного средства, маломерного судна, то есть обследование
транспортного средства, маломерного судна, проводимое без нарушения их
конструктивной целостности, осуществляется в целях обнаружения и изъятия орудий
совершения правонарушения либо предметов административного правонарушения.
2. Досмотр транспортных средств, маломерных судов производится
уполномоченными на то должностными лицами, перечисленными в статье 787 настоящего
Кодекса, с участием двух понятых.
В исключительных случаях (в труднодоступной местности при отсутствии
надлежащих средств сообщения или когда в силу других объективных причин нет
возможности для привлечения физических лиц в качестве понятых) досмотр транспортных
средств, маломерных судов, то есть обследование, осуществляемое без нарушения
конструктивной целостности, может проводиться без участия понятых, но с применением
при этом технических средств фиксации его хода и результатов.
3. Основаниями для производства досмотра транспортных средств, маломерных
судов являются:
1) наличие достаточных оснований считать, что в транспортном средстве,
маломерном судне имеются орудия совершения либо предметы административного
правонарушения;
2) управление транспортным средством водителем, находящимся в состоянии
алкогольного, наркотического, токсикоманического опьянения, если водитель оказывает
неповиновение законным требованиям уполномоченных должностных лиц;
3) проведение уполномоченными должностными лицами мероприятий по задержанию
разыскиваемых транспортных средств, маломерных судов;
4) если имеются достаточные основания считать, что перевозимый на
транспортном средстве, маломерном судне груз не соответствует представленным
документам;
5) необходимость проведения сверки узлов и агрегатов транспортного средства,
маломерного судна с данными согласно представленным документам;
6) выявление неисправностей транспортного средства, маломерного судна, при
наличии которых эксплуатация запрещена;
7) задержание транспортного средства, запрещение его эксплуатации.
4. Досмотр транспортных средств, маломерных судов производится в присутствии
лица, во владении которого они находятся, либо его представителя или лица,
управляющего транспортным средством, маломерным судном на законном основании. В
случаях, не терпящих отлагательства, они могут быть подвергнуты досмотру в
отсутствие указанных лиц.
5. В необходимых случаях с целью фиксации предметов, выявленных при досмотре
транспортных средств и маломерных судов, производятся их фото-, киносъемка,
видеозапись.
6. О досмотре транспортных средств, маломерных судов составляется протокол.
Копия этого протокола вручается лицу, во владении которого находятся подвергнутые
досмотру транспортные средства, маломерные суда, либо его представителю или лицу,
управляющему транспортным средством, маломерным судном на законном основании.
7. В протоколе досмотра транспортных средств, маломерных судов указываются
дата и место его составления, должность, фамилия и инициалы лица, составившего
протокол, сведения о личности владельца транспортного средства, маломерного судна,
подвергнутого досмотру, сведения о типе, марке, модели, государственном
регистрационном номере, иных идентификационных признаках транспортного средства,
маломерного судна.
8. В протоколе досмотра делается запись о применении фото– и киносъемки,
видеозаписи, иных установленных способов фиксации документов. Материалы, полученные
при проведении досмотра с применением фото– и киносъемки, видеозаписи, иных
установленных средств фиксации вещественных доказательств, прилагаются к
соответствующему протоколу.
9. Протокол досмотра транспортных средств, маломерных судов подписывается
должностным лицом, его составившим, лицом, в отношении которого ведется
производство по делу, владельцем транспортного средства, маломерного судна,
подвергнутого досмотру, либо его представителем. В случае отказа лица, в отношении
которого ведется производство по делу, владельца транспортного средства,
маломерного судна, подвергнутого досмотру, его представителя от подписания
протокола, в нем производится соответствующая запись.
Статья 793. Осмотр
1. Осмотр, то есть визуальное обследование транспортного средства, местности,
предметов, документов, живых лиц производится с целью выявления следов
административного правонарушения, иных материальных объектов, а также
обстоятельств, имеющих значение для составления протокола об административном
правонарушении.
2. Осмотр может проводиться до возбуждения дела об административном
правонарушении.
Статья 794. Общие правила производства осмотра
1. Осмотр, как правило, производится безотлагательно, когда возникает
необходимость. При необходимости, а также по требованию участников осмотра
составляется протокол. В протоколе указываются дата и место его составления,
должность, фамилия и инициалы лица, составившего протокол, сведения о лице,
подвергнутом осмотру, виде, количестве, иных идентификационных признаках вещей, в
том числе о типе, марке, модели, калибре, серии, номере, признаках оружия,
количестве и виде боевых припасов, специальных технических средств для проведения
специальных оперативно-розыскных мероприятий и криптографических средств защиты
информации.
Протокол осмотра подписывается должностным лицом, его составившим, лицом,
подвергнутым осмотру, владельцем вещей, подвергнутых осмотру, понятыми. В случае
отказа лица, подвергнутого осмотру, владельца вещей, подвергнутых осмотру, от
подписания протокола в нем производится соответствующая запись.
2. Осмотр живых лиц производится должностными лицами, перечисленными в статье
787 настоящего Кодекса. Осмотр живых лиц производится лицом одного пола с
досматриваемым и в присутствии двух понятых того же пола.
Осмотр предметов, находящихся при живом лице, то есть обследование,
осуществляемое без нарушения их конструктивной целостности, производится
уполномоченными на то должностными лицами, перечисленными в статье 787 настоящего
Кодекса, в присутствии лица, в собственности или владении которого эти вещи
находятся, и с участием двух понятых.
В исключительных случаях при наличии оснований полагать, что при живом лице
находятся оружие или иные предметы, которые могут быть использованы для причинения
вреда жизни и здоровью окружающих, осмотр может быть произведен без понятых с
уведомлением об этом в течение двадцати четырех часов прокурора.
3. Осмотр местности, предметов, документов, за исключением указанных в части
второй настоящей статьи, производится с участием понятых. В исключительных случаях
(в труднодоступной местности, при отсутствии надлежащих средств сообщения или когда
в силу других объективных причин нет возможности для привлечения физических лиц в
качестве понятых) осмотр может проводиться без участия понятых, но с применением
при этом технических средств фиксации его хода и результатов.
4. При необходимости осмотр проводится с участием правонарушителя,
потерпевшего, свидетелей, а также специалиста.
5. Осмотр обнаруженных следов и иных материальных объектов осуществляется на
месте административного правонарушения. Если же для осмотра требуется
дополнительное время или осмотр на месте обнаружения значительно затруднен, объекты
могут быть изъяты и в упакованном, опечатанном виде, без повреждений доставлены в
другое удобное для осмотра место.
6. Все обнаруженное и изъятое при осмотре должно быть предъявлено понятым,
другим участникам осмотра, о чем делается отметка в протоколе.
7. Изъятию подлежат только те объекты, которые могут иметь отношение к делу.
Изъятые объекты упаковываются, опечатываются и заверяются подписями уполномоченного
должностного лица и понятых.
8. Лица, участвующие в осмотре, вправе обращать внимание уполномоченного
должностного лица на все, что, по их мнению, может способствовать выяснению
обстоятельств дела.
9. В необходимых случаях при осмотре производятся измерения, составляются
планы и схемы осматриваемых объектов, а также фотографирование и запечатление иными
средствами, о чем делается отметка в протоколе, к которому приобщаются указанные
материалы.
10. Копия протокола осмотра вручается лицу, в отношении которого ведется
производство по делу, либо его представителю.
Статья 795. Изъятие вещей и документов, находящихся при
физическом лице
1. Изъятие документов и вещей, являющихся орудием либо предметом
правонарушений, обнаруженных на месте совершения правонарушения либо при применении
мер обеспечения производства по делу об административном правонарушении,
предусмотренных статьей 785 настоящего Кодекса, осуществляется должностными лицами,
уполномоченными применять соответствующие меры обеспечения производства по делу, с
участием двух понятых.
В исключительных случаях (в труднодоступной местности при отсутствии
надлежащих средств сообщения или когда в силу других объективных причин нет
возможности для привлечения физических лиц в качестве понятых) изъятие документов и
вещей, являющихся орудием правонарушений, обнаруженных на месте совершения
правонарушения либо при применении мер обеспечения производства по делу об
административном правонарушении, предусмотренных статьей 785 настоящего Кодекса,
может осуществляться без участия понятых, но с применением при этом технических
средств фиксации его хода и результатов.
2. Об изъятии вещей и документов составляется протокол, копия которого
вручается лицу, в отношении которого ведется производство по делу, или его
представителю, либо делается соответствующая запись в протоколе об административном
правонарушении.
3. В протоколе об изъятии документов и вещей (протоколе об административном
правонарушении) содержатся сведения о виде и реквизитах изъятых документов, виде,
количестве, иных идентификационных признаках изъятых вещей, в том числе о типе,
марке, модели, калибре, серии, номере, иных идентификационных признаках изъятого
оружия, количестве и виде боевых припасов, специальных технических средств для
проведения специальных оперативно-розыскных мероприятий и криптографических средств
защиты информации.
4. Протокол подписывается должностным лицом, его составившим, лицом, у
которого изъяты соответствующие документы и вещи, понятыми. В случае отказа лица, у
которого изъяты соответствующие документы и вещи, от подписания протокола в нем
производится соответствующая запись.
5. Изъятые вещи и документы до рассмотрения дела об административном
правонарушении хранятся в местах, определяемых должностным лицом, произведшим
изъятие, в порядке, определяемом соответствующим уполномоченным государственным
органом.
6. Изъятое огнестрельное и иное оружие, а также боевые припасы, специальные
технические средства для проведения специальных оперативно-розыскных мероприятий и
криптографические средства защиты информации хранятся в порядке, определяемом
Министерством внутренних дел Республики Казахстан.
7. После рассмотрения дела в соответствии с вынесенным постановлением изъятые
документы и вещи возвращаются их владельцу или конфискуются, или реализуются, или
хранятся, или уничтожаются в установленном порядке. По делам об административных
правонарушениях в области дорожного движения изъятые документы хранятся до
исполнения принятого по делу постановления.
8. Водительское удостоверение на право управления транспортным средством
подлежит изъятию только в том случае, если за совершенное лицом административное
правонарушение настоящим Кодексом предусмотрена санкция в виде лишения права
управления транспортным средством. В остальных случаях водительское удостоверение
на право управления транспортным средством после составления протокола об
административном правонарушении незамедлительно возвращается владельцу.
9. Изъятое водительское удостоверение или удостоверение, выданное взамен
водительского удостоверения на право управления транспортным средством по
постановлению о направлении на проверку знания правил дорожного движения,
возвращается водителю в случае сдачи его владельцем экзамена для проверки знания
правил дорожного движения.
При несдаче водителем экзамена для проверки знания правил дорожного движения
в течение двух месяцев со дня получения постановления о направлении на экзамен
должностным лицом, вынесшим постановление, принимаются меры,
предусмотренные законодательством Республики Казахстан в области безопасности
дорожного движения.
Взамен изъятого водительского удостоверения водителю выдается временное
удостоверение по форме, установленной уполномоченным органом.
10. Государственные номера транспортных средств подлежат изъятию только в
присутствии двух понятых и (или) собственника транспортного средства, при этом
уполномоченное должностное лицо, производящее изъятие государственных номеров,
обязано разъяснить основание производства изъятия владельцу транспортного средства.
Запрещается производить изъятие государственных номеров транспортных средств с
целью взыскания наложенного штрафа.
11. Изъятые орден, медаль, нагрудный знак к почетному званию Республики
Казахстан, Казахской ССР, СССР и других государств подлежат возврату их законному
владельцу, а если он не известен, направляются в Администрацию Президента
Республики Казахстан.
12. Изъятие вещей и документов, находящихся при физическом лице, производится
лишь в исключительных случаях для достижения целей, предусмотренных частью
первой статьи 785 настоящего Кодекса. Применение данной меры в целях, не
предусмотренных настоящим Кодексом, влечет ответственность, предусмотренную
законом.
Статья 796. Отстранение от управления транспортным
средством, судном, в том числе маломерным
судном, и освидетельствование на состояние
опьянения
1. Управляющие транспортным средством, судном, в том числе маломерным судном,
водитель, судоводитель, в отношении которых имеются достаточные основания полагать,
что они находятся в состоянии опьянения, подлежат отстранению от управления
транспортным средством, судном, в том числе маломерным судном, и
освидетельствованию на состояние опьянения.
2. Отстранение от управления транспортным средством, судном, в том числе
маломерным, освидетельствование и направление для медицинского освидетельствования
на состояние опьянения производятся соответственно сотрудниками органов внутренних
дел, военной полиции – при совершении правонарушений лицом, управляющим
транспортным средством органов национальной безопасности, Вооруженных Сил
Республики Казахстан, других войск и воинских формирований Республики Казахстан и
органов транспортного контроля.
3. Направление для освидетельствования на состояние опьянения,
освидетельствование на состояние опьянения и оформление его результатов
производятся в порядке, установленном Правительством Республики Казахстан. В случае
несогласия водителя, судоводителя с результатами освидетельствования они
направляются на медицинское освидетельствование в медицинское учреждение.
4. Об отстранении от управления транспортным средством, судном, в том числе
маломерным судном, для освидетельствования на состояние опьянения делается отметка
в протоколе об административном правонарушении.
5. В протоколе об административном правонарушении указываются дата, время,
место, основания отстранения от управления транспортным средством, судном, в том
числе маломерным судном, для проведения освидетельствования. Копия протокола
вручается лицу, в отношении которого ведется производство по делу, либо его
законному представителю.
6. Акт освидетельствования на состояние опьянения прилагается к
соответствующему протоколу.
Сноска. Статья 796 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 797. Задержание, доставление и запрещение
эксплуатации транспортного средства, судна, в
том числе маломерного судна
1. При совершении нарушений, указанных в статьях:
1) 367, 368, 370, 372, 381, 382, 383, 392, 393, 394, 395, 396, 506, 510, 511, 512,
513, 514, 515, 516, 517, 571, 572, 573, 574, 575, 581, 582, 586, 589, 590 (части
вторая, третья и четвертая), 593 (части вторая, третья, четвертая, пятая, шестая и
седьмая), 597 (части третья, четвертая), 612 (части первая, вторая, четвертая,
пятая), 613 (часть вторая), 654 (в части правонарушений, предусмотренных
статьями 590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 606,
607, 609, 610, 611, 612, 613) настоящего Кодекса, уполномоченное должностное лицо,
указанное в части второй настоящей статьи, вправе задерживать, доставлять и
запрещать эксплуатацию транспортных средств, судов, в том числе маломерных судов,
путем доставки их для временного хранения на специальные площадки, стоянки или
площадки, прилегающие к стационарному посту транспортного контроля, в том числе с
использованием другого транспортного средства (эвакуатора), судна или маломерного
судна, до устранения причин задержания;
2) 573, 575, 593 (части вторая, третья, четвертая и пятая) настоящего
Кодекса, уполномоченное должностное лицо, указанное в части второй настоящей
статьи, вправе задерживать, доставлять и запрещать эксплуатацию транспортных
средств, принадлежащих иностранцам или иностранным юридическим лицам, путем
доставки их для временного хранения на специальные площадки, стоянки или площадки,
прилегающие к стационарному посту транспортного контроля, в том числе с
использованием другого транспортного средства (эвакуатора), до исполнения
постановления о наложении административного взыскания;
3) 590 (части первая, пятая, шестая, седьмая, восьмая, девятая и
десятая), 597 (части первая и вторая), 610, 611 настоящего Кодекса, уполномоченное
должностное лицо, указанное в части второй настоящей статьи, вправе запрещать
эксплуатацию транспортных средств путем изъятия государственных регистрационных
номерных знаков до устранения причин запрета на эксплуатацию транспортного
средства.
Доставление (эвакуация) транспортного средства для его временного хранения на
специальных площадках, стоянках или площадках, прилегающих к стационарному посту
транспортного контроля, также может быть применено в случаях нарушения водителем
транспортного средства правил остановки или стоянки в его отсутствие, а также к
транспортным средствам, оставленным водителями на дороге без присмотра, когда
установить их место нахождения не представляется возможным.
2. Задержание, доставление и запрещение эксплуатации транспортного средства,
судна, в том числе маломерного судна, производятся сотрудниками органами внутренних
дел, Пограничной службы Комитета национальной безопасности при охране и защите
Государственной границы Республики Казахстан, военной полиции при совершении
административного правонарушения лицом, управляющим транспортным средством органов
национальной безопасности, Вооруженных Сил Республики Казахстан, других войск и
воинских формирований Республики Казахстан, органов транспортного контроля в
пределах их полномочий, органов лесного и охотничьего хозяйства, особо охраняемых
природных территорий, рыбоохраны (при нарушении законодательства в области лесного,
рыбного, охотничьего хозяйства, особо охраняемых природных территорий).
3. О задержании, доставлении и запрещении эксплуатации транспортного
средства, судна, в том числе маломерного судна, составляется и приобщается к
протоколу об административном правонарушении акт установленной формы.
Эксплуатация транспортного средства, маломерного судна с неисправностями, с
которыми их эксплуатация запрещена, или переоборудованных без соответствующего
разрешения, или не зарегистрированных в установленном порядке, или не прошедших
государственного или обязательного технического осмотра, а равно без
государственных регистрационных номерных знаков либо со скрытыми, поддельными или
не соответствующими национальному стандарту номерными знаками запрещается.
4. Хранение задержанного транспортного средства, судна, в том числе
маломерного судна, осуществляется на специальных площадках или стоянках,
создаваемых по решению местных исполнительных органов и являющихся коммунальной
собственностью.
Сноска. Статья 797 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 798. Осмотр территорий, помещений, товаров, иного
имущества, принадлежащих юридическому лицу, а
также соответствующих документов
1. Осмотр территорий, помещений, товаров, иного имущества, принадлежащих
юридическому лицу, а также соответствующих документов производится должностными
лицами, уполномоченными составлять протоколы об административных правонарушениях
юридических лиц, в соответствии со статьей 804 настоящего Кодекса.
2. Осмотр производится в присутствии представителя юридического лица с
участием двух понятых.
3. О проведении осмотра составляется протокол. Копия протокола вручается
представителю юридического лица, в отношении которого ведется производство по делу.
4. В протоколе осмотра территорий, помещений, товаров, иного имущества,
принадлежащих юридическому лицу, а также соответствующих документов указываются
дата и место его составления, должность, фамилия и инициалы лица, составившего
протокол, сведения о соответствующем юридическом лице, а также о личности его
представителя либо иного работника, сведения об осмотренных территориях и
помещениях, видах, количестве, иных идентификационных признаках товаров и прочих
вещей, видах и реквизитах документов.
5. В протоколе осмотра делается запись о применении в ходе его производства
фото– и киносъемки, видеозаписи, иных установленных способов фиксации документов.
Материалы, полученные в результате фото-, киносъемки, видеозаписи, иных
установленных средств фиксации вещественных доказательств, прилагаются к
соответствующему протоколу.
6. Протокол осмотра территорий, помещений, товаров, иного имущества,
принадлежащих юридическому лицу, а также соответствующих документов подписывается
должностным лицом, его составившим, представителем либо в случаях, не терпящих
отлагательства, работником юридического лица, а также понятыми. В случае отказа
представителя или иного работника указанного юридического лица от подписания
протокола в нем производится соответствующая запись.
Статья 799. Изъятие документов и имущества, принадлежащих
юридическому лицу
Изъятие документов, товаров, иного имущества, предметов, явившихся орудием
либо предметом совершения административного правонарушения, принадлежащих
юридическому лицу, обнаруженных на месте совершения административного
правонарушения либо при проведении осмотра территорий, помещений, транспортных
средств, товаров, иного имущества, принадлежащих юридическому лицу, осуществляется
должностными лицами, указанными в статье 804 настоящего Кодекса, а также
уполномоченными должностными лицами, имеющими право составлять протоколы об
административных правонарушениях по статьям 235, 236, 237, 416 настоящего Кодекса.
Оформление изъятия документов, товаров, иного имущества, принадлежащих юридическому
лицу, а также их хранение осуществляются в порядке, установленном статьей 795
настоящего Кодекса.
Статья 800. Наложение ареста на товары, транспортные
средства и иное имущество, принадлежащие
юридическому лицу
1. Наложение ареста на товары, транспортные средства и иное имущество,
принадлежащие юридическому лицу, явившиеся орудиями либо предметами совершения
административного правонарушения, представляет собой опись указанных товаров,
транспортных средств и иного имущества с объявлением представителю юридического
лица, в отношении которого применена данная мера обеспечения производства по делу
об административном правонарушении, о запрете распоряжаться (а в необходимых
случаях и пользоваться) ими и применяется в случае, если эти товары, транспортные
средства и иное имущество изъять невозможно и (или) их сохранность может быть
обеспечена без изъятия. Товары, транспортные средства и иное имущество, на которые
наложен арест, могут быть переданы на ответственное хранение другим лицам,
назначенным должностным лицом, наложившим арест.
2. Наложение ареста на товары, транспортные средства и иное имущество,
принадлежащие юридическому лицу, осуществляется уполномоченными на то должностными
лицами, указанными в статье 787, части первой статьи 804 настоящего Кодекса, в
присутствии владельца товара, транспортного средства и иного имущества и двух
понятых.
В случаях, не терпящих отлагательства, наложение ареста на товары,
транспортные средства и иное имущество может быть осуществлено в отсутствие их
владельца.
3. В необходимых случаях применяются фото– и киносъемка, видеозапись.
4. О наложении ареста на товары, транспортные средства и иное имущество,
принадлежащие юридическому лицу, составляется протокол. В протоколе о наложении
ареста на товары, транспортные средства и иное имущество, принадлежащие
юридическому лицу, указываются дата и место его составления, должность, фамилия и
инициалы лица, составившего протокол, сведения о юридическом лице, в отношении
которого применена данная мера обеспечения производства по делу об административном
правонарушении, и о лице, во владении которого находятся товары, транспортные
средства и иное имущество, на которые наложен арест, их опись и идентификационные
признаки, а также делается запись о применении фото– и киносъемки, видеозаписи.
Материалы, полученные при осуществлении ареста с применением фото– и киносъемки,
видеозаписи, прилагаются к протоколу.
5. В необходимых случаях товары, транспортные средства и иное имущество, на
которые наложен арест, упаковываются и (или) опечатываются.
6. Копия протокола о наложении ареста на товары, транспортные средства и иное
имущество, принадлежащие юридическому лицу, вручается представителю юридического
лица, в отношении которого применена данная мера обеспечения производства по делу
об административном правонарушении.
7. Отчуждение или сокрытие товаров, транспортных средств и иного имущества,
принадлежащих юридическому лицу, на которые наложен арест, юридическим лицом, в
отношении которого применена данная мера обеспечения производства по делу об
административном правонарушении, либо лицом, осуществляющим хранение арестованного
имущества, влечет установленную законами Республики Казахстан ответственность.
Статья 801. Порядок приостановления либо запрещения
деятельности или отдельных ее видов
1. Приостановление либо запрещение деятельности или отдельных ее видов
осуществляется должностным лицом, уполномоченным в соответствии со статьей 804
настоящего Кодекса составлять протокол об административном правонарушении, за
совершение которого может быть применено административное взыскание в виде
приостановления либо запрещения деятельности или отдельных ее видов.
Приостановление либо запрещение деятельности или отдельных ее видов допускается
сроком не более трех суток. В указанный срок орган (должностное лицо) обязан
направить материалы об административном правонарушении в суд.
2. О приостановлении либо запрещении деятельности или отдельных ее видов
составляется акт, в котором указываются основание применения этой меры, дата и
место его составления, должность, фамилия и инициалы должностного лица,
составившего акт, сведения о лице, в отношении которого ведется производство по
делу об административном правонарушении, объект деятельности, подвергшийся
временному запрету деятельности, время фактического прекращения деятельности,
объяснения лица и иные данные, необходимые для правильного разрешения дела. При
этом акт о приостановлении либо запрещении деятельности или отдельных ее видов
действует до вынесения судебного решения.
3. Акт о приостановлении либо запрещении деятельности или отдельных ее видов
подписывается составившим его должностным лицом, физическим лицом или
представителем юридического лица, чья деятельность временно прекращена. В случае,
если кем-либо из указанных лиц акт не подписан, должностное лицо делает в нем
соответствующую запись.
4. Копия акта о приостановлении либо запрещении деятельности или отдельных ее
видов вручается под расписку лицу, чья деятельность временно прекращена.
5. Должностным лицом, составившим акт о приостановлении либо запрещении
деятельности или отдельных ее видов, производятся наложение пломб, опечатывание
помещений, мест хранения товаров и иных материальных ценностей, касс, а также
применяются другие меры по исполнению лицами, указанными в акте, мероприятий,
необходимых для временного прекращения деятельности.
Глава 41. ВОЗБУЖДЕНИЕ ДЕЛ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ
Статья 802. Поводы и основание для возбуждения дела об
административном правонарушении
1. Поводами к возбуждению дела об административном правонарушении являются:
1) непосредственное обнаружение уполномоченным должностным лицом факта
совершения административного правонарушения с учетом положений части третьей
настоящей статьи;
2) материалы, поступившие из правоохранительных органов, а также других
государственных органов, органов местного самоуправления;
3) сообщения или заявления физических и юридических лиц, а также сообщения в
средствах массовой информации;
4) показания специальных автоматизированных измерительных средств, а также
сертифицированных специальных контрольно-измерительных технических средств и
приборов наблюдения, работающих в автоматическом режиме и фиксирующих совершение
административного правонарушения в сфере автомобильного транспорта и безопасности
дорожного движения посредством фото-, видеосъемки дорожной ситуации, определения
скорости и направления движения транспортного средства, действий других участников
дорожного движения.
2. Основанием для возбуждения дела об административном правонарушении
является наличие достаточных данных, указывающих на признаки административного
правонарушения при отсутствии обстоятельств, исключающих производство по делу,
предусмотренных статьей 741 настоящего Кодекса.
3. Основанием для возбуждения дела об административном правонарушении
согласно подпункту 1) пункта первого настоящей статьи в отношении проверяемого
субъекта является результат проверки, проведенной в порядке, установленном Законом
Республики Казахстан «О государственном контроле и надзоре в Республике Казахстан».
Действие настоящей части не распространяется на случаи выявления признаков
административного правонарушения при осуществлении контроля и надзора в сферах,
предусмотренных пунктами 3, 4 статьи 3 и пунктом 3 статьи 12 Закона Республики
Казахстан «О государственном контроле и надзоре в Республике Казахстан», а также в
области государственной статистики и при осуществлении иных форм контроля
налоговыми органами.
4. Дело об административном правонарушении считается возбужденным с момента
составления первого протокола о применении мер обеспечения производства по делу об
административном правонарушении, предусмотренном статьей 785 настоящего Кодекса,
составления протокола об административном правонарушении или вынесения прокурором
постановления о возбуждении дела об административном правонарушении, а также с
момента объявления судьей (судом) об установлении факта проявления неуважения к
суду со стороны присутствующего в процессе лица в ходе судебного разбирательства.
В случае если административное правонарушение зафиксировано
сертифицированными специальными контрольно-измерительными техническими средствами и
приборами, работающими в автоматическом режиме, а также при совершении
административных правонарушений, дела по которым рассматриваются органами
государственных доходов, дело об административном правонарушении считается
возбужденным с момента надлежащего доставления уведомления (извещения).
Сноска. Статья 802 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 803. Протокол об административном правонарушении
1. Протокол об административном правонарушении составляется в письменной
форме уполномоченным на то должностным лицом, за исключением случаев,
предусмотренных статьей 807 настоящего Кодекса. Наряду с письменной формой может
быть использована электронная форма протокола об административном правонарушении.
2. В протоколе об административном правонарушении указываются:
1) дата и место составления протокола;
2) должность, фамилия и инициалы лица, составившего протокол;
3) сведения о лице, в отношении которого возбуждено дело (для физических лиц
– фамилия, имя, отчество (при его наличии), дата рождения, место жительства,
наименование и реквизиты документа, удостоверяющего личность, идентификационный
номер, место работы, абонентский номер телефона, факса, сотовой связи и (или)
электронный адрес (если они имеются); для юридических лиц – наименование, место
нахождения, номер и дата государственной регистрации (перерегистрации) юридического
лица, идентификационный номер и банковские реквизиты, абонентский номер телефона,
факса, сотовой связи и (или) электронный адрес (если они имеются);
4) место, время совершения и существо административного правонарушения;
5) статья Особенной части раздела 2 настоящего Кодекса, предусматривающая
административную ответственность за данное правонарушение; фамилии, имена, отчества
(при их наличии), адреса свидетелей и потерпевших, если они имеются;
6) объяснение физического лица либо представителя юридического лица, в
отношении которого возбуждено дело; название, номер, дата метрологической поверки,
показания технического средства, если оно использовалось при выяснении и фиксации
административного правонарушения;
7) иные сведения, необходимые для разрешения дела, а также прилагаются
документы, подтверждающие факт совершения административного правонарушения.
3. При составлении протокола об административном правонарушении определяется
язык производства. Лицу, в отношении которого возбуждено дело, а также другим
участникам производства по делу разъясняются их права и обязанности,
предусмотренные настоящим Кодексом, о чем делается отметка в протоколе.
При составлении протокола об административном правонарушении защитнику или
законному представителю несовершеннолетнего лица, в отношении которого ведется
производство по делу об административном правонарушении, разъясняется их право
обратиться с ходатайством о передаче дела по подсудности в специализированный
административный суд, а при отсутствии специализированного административного суда
на территории соответствующей административно-территориальной единицы – в районный
(городской) суд.
4. Протокол об административном правонарушении подписывается лицом, его
составившим, и лицом (представителем лица), в отношении которого ведется
производство по делу об административном правонарушении, за исключением случаев,
предусмотренных настоящей статьей. При наличии потерпевших и свидетелей, а также в
случаях участия понятых протокол подписывается также этими лицами.
5. В случае отсутствия или неявки надлежащим образом извещенного лица, в
отношении которого возбуждено дело, протокол об административном правонарушении
подписывается лицом, его составившим, с отметкой в нем об отсутствии или неявке
лица, в отношении которого возбуждено дело.
6. В случае отказа в принятии под расписку протокола по делу об
административном правонарушении лицом, в отношении которого возбуждено дело об
административном правонарушении, в протоколе производится соответствующая запись
лицом, его составившим.
7. Физическому лицу или представителю юридического лица, в отношении которого
возбуждено дело, должна быть предоставлена возможность ознакомления с протоколом об
административном правонарушении. Указанные лица вправе представлять объяснения и
замечания по содержанию протокола, а также изложить мотивы своего отказа от его
подписания, которые прилагаются к протоколу. В случае отказа этих лиц от подписания
протокола об административном правонарушении в нем производится соответствующая
запись. Факт подписания протокола лицом, в отношении которого возбуждено дело,
свидетельствует об ознакомлении данного лица с протоколом и не является признанием
его вины в совершении административного правонарушения.
8. Физическому лицу или представителю юридического лица, в отношении которого
возбуждено дело, а также потерпевшему копия протокола об административном
правонарушении вручается под расписку немедленно после его составления, за
исключением случаев, предусмотренных настоящей частью.
9. Протокол об административном правонарушении в случаях его составления в
отсутствие лица, в отношении которого возбуждено дело по основаниям,
предусмотренным подпунктом 4) части первой статьи 802 настоящего Кодекса, а также
предусмотренным частями пятой и шестой настоящей статьи, в течение двух суток после
его составления направляется по почте заказным письмом с уведомлением лица, в
отношении которого возбуждено дело. Факт невозвращения протокола в течение трех
суток с момента получения лицом, в отношении которого возбуждено дело, признается
отказом от его подписания, о чем делается соответствующая запись в копии протокола.
Сноска. Статья 803 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 804. Должностные лица, имеющие право составлять
протоколы об административных правонарушениях
1. По делам об административных правонарушениях, рассматриваемым судами,
протоколы об административных правонарушениях имеют право составлять уполномоченные
на то должностные лица:
1) органов внутренних дел (статьи
73, 85, 100, 127, 128, 129, 130, 131, 132, 133, 134, 135, 149, 150, 154, 160 (часть
вторая), 190(части вторая, третья и четвертая), 191, 200, 282 (части третья и
четвертая), 382 (части вторая и третья), 383 (части третья и четвертая), 398, 416
(по нарушениям требований безопасности к гражданскому и служебному оружию и
патронам к нему, химической продукции, связанной с оборотом наркотических средств,
психотропных веществ и прекурсоров, гражданских пиротехнических веществ и изделий с
их применением), 422, 423 (часть вторая), 427, 433 (часть
вторая), 434, 435, 436, 438 (часть третья), 440 (части четвертая и пятая), 442, 443
(часть вторая), 444 (часть первая), 445 (части первая и
одиннадцатая), 446, 448, 449 (части вторая и третья), 450, 453, 461, 462, 463, 469
(часть вторая), 470 (часть вторая), 476, 477, 478, 479, 480, 481, 482, 483, 485
(часть вторая), 488, 489 (части вторая, третья и четвертая), 495 (часть
вторая), 496 (часть вторая), 506, 512 (часть вторая), 513 (часть вторая), 514
(части вторая), 517 (части вторая, четвертая, пятая, шестая и седьмая), 590 (часть
четвертая), 596 (части третья и пятая), 603 (части первая и вторая), 604 (часть
вторая), 605 (части третья и четвертая), 606 (часть вторая), 607 (часть
вторая), 608, 610, 611 (части вторая и третья), 613 (части первая, вторая, третья,
четвертая, пятая, шестая, седьмая, восьмая, девятая, десятая и одиннадцатая), 615
(часть четвертая), 621 (часть третья), 654 (в части правонарушений, предусмотренных
статьями 590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 604,
605, 606, 607, 608, 609, 610, 611, 612, 613), 662, 663, 665, 669, 674, 675);
2) уполномоченного органа в сфере гражданской защиты (статьи 299 (часть
вторая) (за исключением безопасности плотин), 312 (часть вторая), 314, 410-1, 416
(по нарушениям требований безопасности к машинам и оборудованию, химической
продукции в части пожаро– и взрывоопасности), 462);
3) комендатур отдельных местностей (статьи 476, 478);
4) органов военной полиции Вооруженных Сил Республики Казахстан о
правонарушениях, совершенных военнослужащими, военнообязанными, призванными на
сборы, и лицами, управляющими транспортными средствами Вооруженных Сил Республики
Казахстан, других войск и воинских формирований Республики Казахстан,
предусмотренных статьями 73, 154, 434, 436, 440 (части четвертая и пятая), 444
(часть первая), 479, 482, 483, 485 (часть вторая), 488, 506, 590 (часть
четвертая), 596 (части третья и пятая), 603 (части первая и вторая), 606 (часть
вторая), 607 (часть вторая), 608, 610, 611 (части вторая и третья), 613 (части
первая, вторая, третья, четвертая, пятая, шестая, седьмая, восьмая, девятая,
десятая и одиннадцатая), 615 (часть четвертая), 621 (часть третья), 651, 652, в
отношении командиров (начальников) воинских частей (учреждений) по статье 680
настоящего Кодекса, за исключением лиц, указанных в подпунктах 5) и 6) настоящей
статьи;
5) органов военной полиции Комитета национальной безопасности Республики
Казахстан о правонарушениях, совершенных лицами, управляющими транспортными
средствами специальных государственных органов, предусмотренных статьями 590 (часть
четвертая), 596 (части третья и пятая), 603 (части первая и вторая), 606 (часть
вторая), 607 (часть вторая), 608, 610, 611 (части вторая и третья), 613 (части
первая, вторая, третья, четвертая, пятая, шестая, седьмая, восьмая, девятая,
десятая и одиннадцатая), 615 (часть четвертая), 621 (часть третья), а также в
отношении иных лиц по статье 506, 652, командиров воинских частей по статье 680
настоящего Кодекса;
6) органов военной полиции Национальной гвардии Республики Казахстан о
правонарушениях, совершенных военнослужащими и военнообязанными, призванных на
сборы, предусмотренных статьями 506, 590 (часть четвертая), 596 (части третья и
пятая), 603 (часть первая и вторая), 606 (часть вторая), 607 (часть
вторая), 608, 610, 611 (части вторая и третья), 613 (части первая, вторая, третья,
четвертая, пятая, шестая, седьмая, восьмая, девятая, десятая и одиннадцатая), 615
(частью четвертой), 621 (часть третья), 652, а также в отношении командиров
воинских частей по статье 680 настоящего Кодекса;
7) уполномоченного органа в области использования и охраны водного фонда
(статьи 299 (часть вторая) (за исключением промышленной безопасности), 360 (часть
первая), 462, 463);
8) уполномоченного органа в области ветеринарии (статья 416 (по нарушениям
требований безопасности к пищевой продукции, подлежащей ветеринарно-санитарному
контролю и надзору);
9) органов в области лесного, рыбного и охотничьего хозяйства (статьи 160
(часть вторая), 382 (части вторая, третья), 383 (часть третья и четвертая), 385
(часть вторая), 389, 392 (часть третья), 395 (часть вторая), 396 (часть
вторая), 398, 462, 463);
10) уполномоченного органа в области охраны окружающей среды (статьи 139
(часть вторая), 326 (части третья и четвертая), 333 (часть вторая), 395 (часть
вторая), 396 (часть вторая), 397 (часть четвертая), 399 (части вторая и
третья), 416 (по нарушениям требований безопасности к химической продукции), 462);
11) органов государственного контроля в области изучения и использования недр
(статьи 416, 462);
12) уполномоченного органа в области культуры (статьи 75 (части первая,
вторая, пятая и шестая), 145);
13) уполномоченного органа в области туристской деятельности (статьи 187
(части вторая, третья, четвертая и пятая), 462, 465);
14) уполномоченного органа в сфере игорного бизнеса (статьи 214, 444 (часть
первая), 445);
15) органов по карантину и защите растений (статьи 400 (часть вторая), 416
(по нарушениям требований безопасности к химической продукции), 462);
16) органов в области семеноводства и регулирования зернового рынка (статья
462);
17) уполномоченного органа в области производства биотоплива (статья 169
(части вторая, седьмая, тринадцатая (в части производства биотоплива);
18) уполномоченного органа в области оборота биотоплива (статья 169 (части
десятая, одиннадцатая, двенадцатая, тринадцатая (в части оборота биотоплива),
четырнадцатая);
19) уполномоченного органа в области племенного животноводства (статьи 407
(части вторая и третья), 463);
20) уполномоченного органа в области сельского хозяйства (статья 416 (по
нарушениям требований безопасности к машинам и оборудованию, химической продукции);
21) органов государственного архитектурно-строительного контроля и надзора
(статьи 312 (часть вторая), 313, 314, 316 (часть вторая), 317 (часть
четвертая), 319, 462, 463);
22) органов санитарно-эпидемиологического надзора (статьи 151 (часть
вторая), 193 (части вторая и третья), 282 (части третья и четвертая), 312 (часть
вторая), 314, 413, 416 (по нарушениям требований безопасности к пищевой продукции,
игрушкам, химической продукции), 425 (часть вторая), 426 (части вторая и
третья), 430 (часть вторая), 462, 476);
23) уполномоченного органа в области связи и информатизации (статьи 416 (по
нарушениям требований безопасности к средствам связи), 462, 463, 464 (часть
вторая), 636 (часть вторая), 637 (часть четвертая), 638 (часть вторая);
24) уполномоченного органа в сфере гражданской авиации (статьи 462, 564
(часть пятая), 569 (части первая, вторая и четвертая);
25) уполномоченного органа в области транспорта и коммуникаций (статьи 416
(по нарушениям требований безопасности к машинам и оборудованию, химической
продукции), 462, 463, 563 (часть вторая);
26) органов транспортного контроля (статьи 462, 463, 464 (часть вторая), 583
(часть вторая), 613 (часть вторая), 618, 629 (кроме нарушений на судах воздушного
транспорта);
27) органов Министерства финансов Республики Казахстан (статьи 185 (когда эти
нарушения совершены аудиторами, аудиторскими организациями), 214 (когда эти
нарушения совершены аудиторами, аудиторскими организациями), 216, 219, 233 (часть
третья), 235, 236, 237, 245, 246);
28) уполномоченного органа по внутреннему контролю (статья 462);
29) органов по государственному контролю над производством и оборотом
подакцизной продукции (статьи 282 (части третья, четвертая, шестая, седьмая,
девятая, одиннадцатая и тринадцатая), 281 (части четвертая, пятая и
шестая), 283, 463, 464 (часть вторая);
30) антикоррупционной службой (статьи 154, 158, 173, 174 (часть
вторая), 357, 465, 654, 658, 659, 660, 661, 662, 665, 667, 676, 677, 678, 679, 681)
;
31) органов государственных доходов (статьи 150, 151 (часть
вторая), 153, 154, 158, 174 (часть вторая), 176, 182, 183, 190 (части третья и
четвертая), 246 (части пятая и шестая), 281 (части четвертая, пятая и шестая), 282
(части третья, четвертая, шестая, седьмая, девятая, одиннадцатая и
тринадцатая), 283, 357, 398, 462, 463, 464 (часть вторая), 467, 489 (части пятая,
шестая, седьмая и восьмая), 528 (часть первая), 532, 541, 543 (части первая и
третья), 544, 545, 548 (часть вторая), 549, 550, 551 (часть вторая), 552 (часть
вторая), 590 (часть четвертая), 654, 658, 659, 660, 661, 662, 665, 667, а также по
административным правонарушениям, совершенным в автомобильных пунктах пропуска
через Государственную границу Республики Казахстан, предусмотренных статьями 400
(часть вторая) и 425 (часть вторая);
32) уполномоченного органа в области промышленной безопасности (статьи 305
(по нарушениям в охранных зонах объектов систем газоснабжения), 306 (части третья,
четвертая и пятая), 307, 308, 312(часть вторая), 314, 416 (по нарушениям требований
безопасности к машинам и оборудованию, химической продукции в части пожаро- и
взрывоопасности), 462);
33) органов юстиции (статьи 158, 214, 462, 467, 668);
34) органов, являющихся лицензиарами в соответствии с законодательством
(статьи 312 (часть вторая), 313, 314, 316 (часть вторая), 319, 392 (часть
третья), 462, 463, 464 (часть вторая), 465, 467, 621 (часть третья);
35) уполномоченного органа, осуществляющего руководство в сферах естественных
монополий и на регулируемых рынках (статьи 171 (части первая и третья (по
превышению предельной цены розничной реализации нефтепродуктов), 462);
36) уполномоченного органа по предпринимательству (статьи 175, 462, 465);
37) органов в области технического регулирования и обеспечения единства
измерений и их территориальных органов (статьи 193 (часть вторая), 415 (часть
вторая), 416, 417 (части первая и шестая), 419 (часть вторая), 445 (части третья,
восьмая и двенадцатая), 462, 463, 638 (часть вторая);
38) органов по государственному энергетическому надзору и контролю
(статьи 462, 463);
39) уполномоченного органа в области регулирования индустриальной политики
(статья 416 (по нарушениям требований безопасности к машинам и оборудованию,
химической продукции, игрушкао( �
40) уполномоченного органа в области регулирования торговой деятельности
(статьи 185 (когда эти нарушения совершены биржевыми брокерами и (или) биржевыми
дилерами, а также работниками товарных бирж), 214);
41) уполномоченного государственного органа в сфере государственной
регистрации юридических лиц, актов гражданского состояния, регулирования оценочной
деятельности (статьи 184, 185 (в части нарушения законодательства Республики
Казахстан об оценочной деятельности), 462, 463);
42) уполномоченного органа в области нефти и газа (статьи 170, 171(части
вторая и третья (по превышению предельных цен оптовой реализации товарного или
сжиженного нефтяного газа), 356 (часть четырнадцатая), 463;
43) органов по атомной энергии (статьи 413, 414, 416 (по нарушению требований
безопасности к машинам и оборудованияо( �
44) Пограничной службы Комитета национальной безопасности Республики
Казахстан (статьи 382 (части вторая и третья), 383 (части третья и четвертая), 395
(часть вторая), 396 (часть вторая), 506, 512 (часть вторая), 513 (часть
вторая), 514 (часть вторая), 516, 517 (части вторая, четвертая, шестая и седьмая);
45) органов национальной безопасности (статьи 453 (части вторая и третья) (за
совершение правонарушений, связанных с государственными секретами), 462, 477);
46) Службы государственной охраны Республики Казахстан при проведении
охранных мероприятий (статьи 149, 425 (часть вторая), 436, 477, 482, 485 (часть
вторая), 488, 506, 606 (часть вторая);
47) Счетного комитета по контролю за исполнением республиканского бюджета и
ревизионных комиссий областей, городов республиканского значения, столицы (статьи
216, 219, 233 (часть третья), 235, 236, 237, 247 (часть шестая), 405 (часть
первая), 462);
48) органов государственной инспекции труда (статьи 86 (часть четвертая), 416
(по нарушениям требований безопасности к химической продукции), 462);
49) уполномоченного органа в области образования (статьи 409 (часть
седьмая), 462, 463);
50) местных исполнительных органов областей, города республиканского
значения, столицы, районов, городов областного значения (статьи 199 (часть
вторая), 320 (части первая, вторая, третья и четвертая), 401 (части шестая и
седьмая), 402 (часть четвертая), 404 (часть девятая), 451, 452 (части третья,
четвертая, шестая и подпункты 4), 5) и 6) части девятой), 453, 454 (часть
вторая), 455 (часть четвертая), 456, 463, 464 (часть вторая), 490);
51) антимонопольного органа (статьи 159, 160 (часть вторая);
52) органов по контролю в сфере оказания медицинских услуг (статьи 80 (часть
четвертая), 81 (часть вторая), 82 (часть вторая), 409 (часть седьмая), 424 (части
третья и пятая), 462, 463);
53) органа в сфере обращения лекарственных средств, изделий медицинского
назначения и медицинской техники (статьи 426 (части вторая и третья) и 463);
54) уполномоченного органа в области космической деятельности (статьи
310, 311);
55) уполномоченного государственного органа в сфере религиозной деятельности
(статья 490 (части вторая, шестая и восьмая (когда эти нарушения совершены
должностными лицами центральных государственных органов);
56) государственные судебные исполнители (статьи 663, 666, 669, 673);
57) судебные приставы и другие сотрудники судов, уполномоченные председателем
суда или председательствующим в заседании суда (статьи
653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 666, 667, 673);
58) уполномоченные акимами областей (города республиканского значения,
столицы) (статья 656);
59) уполномоченного органа в области почтовой связи (статья 214 );
60) уполномоченного органа по делам государственной службы (статья 99);
61) исправительных учреждений или следственных изоляторов (статья 481);
62) уполномоченного органа в области информации (статьи 451 (часть
вторая), 452 (подпункты 4), 5) и 6) части девятой), 509);
63) органов государственного контроля в области использования и охраны земель
(статья 462).
2. По делам об административных правонарушениях, рассматриваемых судами,
протоколы об административных правонарушениях имеют также право составлять
уполномоченные работники Национального Банка Республики Казахстан (статьи 86 (часть
четвертая), 185, 211 (часть первая), 214 (части первая, вторая, третья и
четвертая), 245, 251, 252 (часть вторая), 462 (части первая, вторая, третья (когда
эти нарушения совершены аудиторскими организациями), четвертая и пятая), 463, 464
(часть вторая), 467).
3. По делам об административных правонарушениях, рассмотрение которых
отнесено к ведению органов, указанных в статьях 685 – 735 настоящего Кодекса,
протоколы о правонарушениях имеют право составлять уполномоченные на то должностные
лица этих органов. Кроме того, протоколы об административных правонарушениях имеют
право составлять:
1) должностные лица уполномоченного органа в области транспорта и
коммуникаций (статьи 230 (часть вторая) (когда эти нарушения совершены
перевозчиками пассажиров), 581 (часть вторая), 582, 583 (часть третья), 586, 621
(часть четвертая), 622 (часть первая), 623, 625 (за совершение правонарушений на
автомобильном транспорте и городском рельсовом транспорте);
2) должностные лица специализированных организаций уполномоченных органов в
области лесного, рыбного и охотничьего хозяйства (статьи
138, 142, 143, 337, 339, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377
, 378, 379, 380, 381, 382, 383, 385 (часть первая), 392 (часть вторая), 394 (части
первая и вторая), 395 (часть первая), 396 (часть первая);
3) егеря, директора охотничьих и рыбных хозяйств, ведающих вопросами охраны
животного мира (статьи 382, 383 (части первая, вторая, третья и четвертая);
4) должностные лица Службы государственной охраны Республики Казахстан при
проведении охранных мероприятий (статьи 297, 504, 614 , 675);
5) должностные лица органов военной полиции Вооруженных Сил Республики
Казахстан в отношении военнослужащих и служащих Вооруженных Сил Республики
Казахстан (статьи 437, 440 (части первая, вторая и третья), 441, 444 (часть
вторая), 484, 485 (часть первая).
Сноска. Статья 804 с изменениями, внесенными законами РК от 07.11.2014 № 248-
V (вводится в действие с 01.01.2015); от 29.12.2014 № 269-V (вводится в действие с
01.01.2015); от 29.12.2014 № 272-V (порядок введения в действие см. ст.2); от
10.01.2015 № 275-V (вводится в действие по истечении десяти календарных дней после
дня его первого официального опубликования); от 24.04.2015 № 310-V (вводится в
действие по истечении двадцати одного календарного дня после дня его первого
официального опубликования); от 05.05.2015 № 312-V (вводится в действие по
истечении десяти календарных дней после дня его первого официального
опубликования).
Статья 805. Возбуждение производства по делу об
административном правонарушении прокурором
1. Прокурор выносит постановление о возбуждении дел об административных
правонарушениях, предусмотренных статьями 74, 75, 76, 77, 78, 79, 81, 82, 82-
1, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 11
0, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126,
129, 130, 173, 189, 214, 361, 362, 363, 439, 451, 452, 453, 455, 456, 457, 465, 490
, 498, 507, 508, 653, 660, 666, 675, 680 настоящего Кодекса.
2. Прокурор вправе вынести постановление о возбуждении дела и об ином
административном правонарушении.
3. Постановление прокурора о возбуждении производства по делу об
административном правонарушении должно содержать сведения, предусмотренные статьей
803 настоящего Кодекса.
Сноска. Статья 805 с изменениями, внесенными законами РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015); от 19.05.2015 № 315-V (вводится в действие по
истечении десяти календарных дней после дня его первого официального
опубликования).
Статья 806. Сроки составления протокола об
административном правонарушении
1. Протокол об административном правонарушении составляется незамедлительно
после обнаружения факта совершения административного правонарушения.
2. При выявлении административного правонарушения в ходе проверки, проводимой
в порядке, установленном Законом Республики Казахстан «О государственном контроле и
надзоре в Республике Казахстан», протокол об административном правонарушении
составляется незамедлительно после завершения соответствующей проверки.
3. В случаях выявления административного правонарушения при осуществлении
монополистической деятельности, недобросовестной конкуренции, а также
антиконкурентных действий государственных и местных исполнительных органов,
запрещенных Законом Республики Казахстан «О конкуренции», протокол составляется
незамедлительно после принятия соответствующего решения по результатам
расследования.
4. В случаях выявления административных правонарушений в области
налогообложения либо использования бюджетных средств, в сфере технического
регулирования и обеспечения единства измерений протокол составляется
незамедлительно после завершения соответствующей проверки.
5. В случае неуплаты штрафа в порядке, определенном статьей 897 настоящего
Кодекса, протокол составляется в течение суток по истечении срока, установленного
указанной статьей настоящего Кодекса.
6. В случаях, когда требуется дополнительное выяснение обстоятельств
административного правонарушения, личности физического лица или сведений о
юридическом лице и личности представителя юридического лица, в отношении которых
возбуждается дело, протокол об административном правонарушении составляется в
течение трех суток со дня установления указанных обстоятельств, а по
административным правонарушениям, предусмотренным статьями
210, 217, 218, 220, 222, 227 (части первая и вторая), 239 (части третья и
четвертая), 243, 244, 251, 252, 464 (часть
первая), 571, 572, 573, 574, 575, 576, 593 (часть первая, когда эти нарушения
являются нарушениями правил перевозки пассажиров и грузов, части вторая, третья,
четвертая, пятая, шестая и седьмая) и 609 настоящего Кодекса, а также при передаче
материалов по административному правонарушению в территориальные филиалы в течение
десяти суток с момента обнаружения правонарушения или лица, его совершившего.
7. В случае, когда требуется проведение экспертизы, протокол об
административном правонарушении составляется в течение двух суток с момента
получения заключения экспертизы.
8. В случаях, когда по административным правонарушениям,
предусмотренным статьями 324 (часть первая), 337 (часть первая), 344, 347, 394
(часть вторая) настоящего Кодекса, требуется установление размера суммы нанесенного
окружающей среде вреда, протокол об административном правонарушении составляется в
течение суток с момента установления размера суммы нанесенного окружающей среде
вреда.
9. В случаях, когда требования, указанные в части шестой настоящей статьи, не
могут быть исполнены по причине неустановления физического лица, протокол об
административном правонарушении составляется по факту совершения административного
правонарушения в сроки, установленные настоящей статьей.
Статья 807. Случаи, когда протокол об административном
правонарушении не составляется
1. Протокол об административном правонарушении не составляется:
1) в случаях совершения административного правонарушения, влекущего наложение
административного взыскания в виде предупреждения, если лицо признало факт
совершения правонарушения;
2) если административное правонарушение зафиксировано сертифицированными
специальными контрольно-измерительными техническими средствами и приборами,
работающими в автоматическом режиме. Штраф оформляется в виде предписания о
необходимости уплаты штрафа с приложением показаний специального контрольно-
измерительного технического средства или прибора, о чем надлежащим образом
уведомляется собственник (владелец) транспортного средства;
3) при совершении административных правонарушений, дела по которым
рассматриваются органами государственных доходов, в случае, если лицо признало факт
совершения административного правонарушения и согласно с наложением взыскания, а
также уплатило штраф в соответствии со статьей 897 настоящего Кодекса;
4) при обращении физических лиц с заявлением о восстановлении нарушенных прав
дела об административных правонарушениях, предусмотренных статьями
74, 75, 76, 78, 81, 82, 82-
1, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 10
2, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118,
119, 120, 121, 122, 123, 124, 125, 126, 128, 130 и 132 настоящего Кодекса,
рассматриваются судом без составления протокола о правонарушении;
5) если производство по делу об административном правонарушении возбуждено
постановлением прокурора и при установлении судьей (судом) непосредственно в ходе
рассмотрения судом факта проявления неуважения к суду в случаях, предусмотренных
частью третьей статьи 684 настоящего Кодекса.
2. Взыскание в виде предупреждения оформляется уполномоченным на то
должностным лицом на месте совершения административного правонарушения, за
исключением правонарушения в области финансов и торговли.
Лицо, совершившее административное правонарушение, подтверждает свое согласие
с наложенным взысканием посредством подписи на втором экземпляре постановления о
вынесении предупреждения.
Сноска. Статья 807 с изменениями, внесенными законами РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015); от 19.05.2015 № 315-V (вводится в действие по
истечении десяти календарных дней после дня его первого официального
опубликования).
Статья 808. Направление протокола (постановления
прокурора) для рассмотрения дела
Протокол (постановление прокурора) об административном правонарушении в
течение трех суток с момента составления направляется для рассмотрения судье,
органу (должностному лицу), уполномоченному рассматривать дело об административном
правонарушении.
Протокол (постановление прокурора) об административном правонарушении,
ответственность за совершение которого может повлечь применение административного
ареста, направляется судье немедленно после его составления.
Статья 809. Прекращение производства по делу об
административном правонарушении до передачи
дела на рассмотрение
При наличии хотя бы одного из обстоятельств, предусмотренных статьями 741
и 742 настоящего Кодекса, должностное лицо, в производстве которого находится дело,
выносит постановление о прекращении производства по делу об административном
правонарушении.
Глава 42. СОКРАЩЕННОЕ ПРОИЗВОДСТВО ПО ДЕЛУ ОБ АДМИНИСТРАТИВНОМ
ПРАВОНАРУШЕНИИ Статья 810. Основания сокращенного производства по делу
об административном правонарушении
1. Сокращенное производство по делу об административном правонарушении
осуществляется в случаях, если факт правонарушения обнаружен должностным лицом на
месте его совершения, за которое предусмотрено административное взыскание в виде
штрафа согласно абзацу первому части первой статьи 44, установлено совершившее его
физическое лицо, которое признает свою вину и соглашается с размером налагаемого
штрафа.
2. Сокращенное производство по делу об административном правонарушении не
применяется в случаях:
1) когда санкцией статьи предусмотрены иные виды взыскания;
2) совершения правонарушения несовершеннолетним;
3) совершения правонарушения лицами, обладающими привилегиями и иммунитетом;
4) совершения административных правонарушений, дела по которым
рассматриваются органами государственных доходов;
5) если административное правонарушение зафиксировано сертифицированными
специальными контрольно-измерительными техническими средствами и приборами,
работающими в автоматическом режиме.
Сноска. Статья 810 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 811. Порядок сокращенного производства по делу об
административном правонарушении
1. При обнаружении административного правонарушения и установлении
совершившего его лица должностное лицо составляет протокол об административном
правонарушении на месте его совершения и разъясняет лицу право оплаты штрафа в
размере пятидесяти процентов от указанной суммы штрафа в течение семи суток.
Должностное лицо вручает лицу копию протокола об административном
правонарушении с квитанцией установленного образца.
2. В случае оплаты штрафа в размере пятидесяти процентов от указанной суммы
штрафа в течение семи суток дело считается рассмотренным по существу.
Пересмотр дела, рассмотренного по правилам настоящей главы, осуществляется в
порядке, установленном главой 46 настоящего Кодекса.
3. В случае неиспользования или ненадлежащего использования права,
предусмотренного частью первой настоящей статьи, производство по делу об
административном правонарушении осуществляется в общем порядке.
Сноска. Статья 811 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Глава 43. РАССМОТРЕНИЕ ДЕЛ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ Статья 812. Место рассмотрения дела об административном
правонарушении
1. Дело об административном правонарушении рассматривается по месту его
совершения, а в предусмотренных настоящим Кодексом случаях по месту нахождения
должностного лица (уполномоченного государственного органа), к подведомственности
которого относится рассмотрение дела об административном правонарушении. По
ходатайству лица, в отношении которого ведется производство по делу об
административном правонарушении, дело может быть рассмотрено по месту жительства
данного лица.
2. Дела об административных правонарушениях, предусмотренных статьями
333, 334, 571, 572, 574, 590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 600, 601
, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 6
18, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631 и 632
настоящего Кодекса, могут рассматриваться также по месту учета транспортных
средств, судов, в том числе маломерных, или по месту жительства лица, в отношении
которого ведется производство по делу об административном правонарушении.
3. Дела об административных правонарушениях, предусмотренных
статьями 378, 379, 382, 383 и 440 настоящего Кодекса, рассматриваются по месту их
совершения или по месту жительства лица, в отношении которого ведется производство
по делу об административном правонарушении.
4. Дела об административных правонарушениях несовершеннолетних, их родителей
или лиц, их заменяющих, рассматриваются по месту жительства лица, в отношении
которого ведется производство по делу об административном правонарушении.
Статья 813. Подготовка к рассмотрению дела об
административном правонарушении
1. Судья, орган (должностное лицо) при подготовке к рассмотрению дела об
административном правонарушении выясняют следующие вопросы:
1) относится ли к их компетенции рассмотрение данного дела;
2) имеются ли обстоятельства, исключающие возможность рассмотрения данного
дела судьей, должностным лицом;
3) правильно ли составлены протокол об административном правонарушении и
другие протоколы, предусмотренные настоящим Кодексом, а также оформлены иные
материалы дела;
4) имеются ли обстоятельства, исключающие производство по делу, а также
обстоятельства, позволяющие не привлекать лицо к административной ответственности;
5) имеются ли ходатайства, в том числе по делам с участием
несовершеннолетнего о рассмотрении дела в суде по месту жительства
несовершеннолетнего, и отводы;
6) извещены ли о месте и времени рассмотрения дела лица, указанные в статьях
744, 745, 746, 747 и 748 настоящего Кодекса.
2. Требования подпунктов 1), 3) и 6) части первой настоящей статьи на дела о
фактах проявления неуважения к суду, рассмотренные в соответствии с частью
третьей статьи 684 настоящего Кодекса, не распространяются.
Сноска. Статья 813 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 814. Обстоятельства, исключающие возможность
рассмотрения дела об административном
правонарушении судьей, должностным лицом
Судья, должностное лицо, на рассмотрение которых передано дело об
административном правонарушении, не могут рассматривать данное дело в случаях, если
это лицо:
1) является родственником лица, привлекаемого к ответственности, или
потерпевшего, их представителей, защитника;
2) лично, прямо или косвенно заинтересовано в разрешении дела.
Статья 815. Самоотвод и отвод судьи, должностного лица
1. При наличии обстоятельств, предусмотренных статьей 814 настоящего Кодекса,
судья, должностное лицо обязаны заявить о самоотводе.
2. При наличии обстоятельств, предусмотренных статьей 814 настоящего Кодекса,
лицо, в отношении которого ведется производство по делу, потерпевший, законные
представители физического лица и представители юридического лица, защитник,
прокурор вправе заявить отвод судье, должностному лицу.
3. Заявления о самоотводе, отводе подаются председателю соответствующего
суда, вышестоящему должностному лицу.
4. Заявления о самоотводе, отводе рассматриваются председателем суда,
вышестоящим должностным лицом в течение суток со дня поступления.
5. По результатам рассмотрения заявлений о самоотводе, отводе выносится
определение об удовлетворении заявлений либо об отказе в их удовлетворении.
Статья 816. Решение судьи, органа (должностного лица),
принимаемое при подготовке к рассмотрению
дела об административном правонарушении
1. Судья, орган (должностное лицо) при подготовке к рассмотрению дела об
административном правонарушении принимают следующее решение:
1) о назначении времени и места рассмотрения дела;
2) о вызове лиц, истребовании необходимых дополнительных материалов по делу,
о назначении экспертизы в случае необходимости;
3) об отложении рассмотрения дела;
4) о передаче протокола об административном правонарушении и других
материалов дела на рассмотрение по подведомственности, если рассмотрение данного
дела не относится к его компетенции либо вынесено определение об отводе судьи,
должностного лица;
5) о передаче дела для рассмотрения по существу в соответствии со статьей 812
настоящего Кодекса;
6) исключен Законом РК от 29.12.2014 № 272-V (вводится в действие
01.01.2015).
2. Решения, предусмотренные частью первой настоящей статьи, выносятся в виде
определения.
3. Решение, предусмотренное подпунктом 6) части первой настоящей статьи,
выносится в виде постановления.
4. Судья, органы (должностные лица), уполномоченные рассматривать дела об
административных правонарушениях, установив, что в производстве имеются два и более
дела, возбужденные в отношении одного и того же лица, вправе объединить эти дела в
одно производство для совместного рассмотрения.
5. При подготовке к повторному рассмотрению дела об административном
правонарушении в связи с неявкой без уважительных причин лица, привлекаемого к
ответственности, его представителя, свидетеля в случаях, предусмотренных частью
четвертой статьи 744, частью шестой статьи 746 и частью пятой статьи 754 настоящего
Кодекса, судья, орган (должностное лицо), рассматривающие дело, вправе вынести
определение о приводе указанных лиц.
Сноска. Статья 816 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 817. Сроки рассмотрения дел об административных
правонарушениях
1. Дела об административных правонарушениях рассматриваются в течение
пятнадцати суток со дня получения судьей, органом (должностным лицом), правомочным
рассматривать дело, протокола об административном правонарушении и других
материалов дела.
2. В случае поступления ходатайств от участников производства по делу об
административном правонарушении либо при необходимости дополнительного выяснения
обстоятельств дела срок рассмотрения дела может быть продлен судьей, органом
(должностным лицом), рассматривающим дело, но не более чем на один месяц. О
продлении срока выносится мотивированное определение.
3. Дело об административном правонарушении, совершение которого влекут
административный арест, административное выдворение за пределы Республики
Казахстан, рассматривается в день получения протокола об административном
правонарушении и других материалов дела, а в отношении лица, подвергнутого
административному задержанию, – не позднее сорока восьми часов с момента его
задержания.
4. Если лицом, в отношении которого возбуждено дело об административном
правонарушении, обжалуются результаты проверки и иные обстоятельства, на основании
которых должностным лицом возбуждено дело об административном правонарушении, срок
рассмотрения дела об административном правонарушении продлевается судьей, органом
(должностным лицом), рассматривающими дело об административном правонарушении, до
вынесения и вступления в законную силу соответствующего решения суда или истечения
срока на обжалование решения органа (должностного лица), рассматривающего жалобу
лица, в отношении которого возбуждено дело об административном правонарушении.
Статья 818. Порядок рассмотрения дел об административных
правонарушениях
1. Судья, орган (должностное лицо), приступив к рассмотрению дела об
административном правонарушении:
1) объявляют, кто рассматривает дело, какое дело подлежит рассмотрению, кто и
на основании какой статьи настоящего Кодекса привлекается к ответственности;
2) удостоверяются в явке физического лица или представителя юридического
лица, привлекаемого к административной ответственности, а также иных лиц,
участвующих в рассмотрении дела;
3) устанавливают личность участников производства по делу и проверяют
полномочия законных представителей физического лица или представителей юридического
лица, защитника;
4) выясняют причины неявки участников производства по делу и принимают
решение о рассмотрении дела в отсутствие указанных лиц либо об отложении
рассмотрения дела;
5) в необходимых случаях выносят определение о приводе лица, участие которого
является обязательным при рассмотрении дела, назначают переводчика;
6) разъясняют лицам, участвующим в рассмотрении дела, их права и обязанности,
в том числе право на получение бесплатной юридической помощи за счет средств
государственного бюджета;
7) определяют язык производства, разъясняют право делать заявления, давать
объяснения и показания, заявлять ходатайства, приносить жалобы, знакомиться с
материалами дела, выступать при его рассмотрении на родном языке или другом языке,
которым владеет лицо, в отношении которого ведется производство, бесплатно
пользоваться услугами переводчика;
8) разрешают заявленные отводы и ходатайства;
9) оглашают протокол об административном правонарушении, а при необходимости
– и иные материалы дела;
10) заслушивают объяснения лица, в отношении которого ведется производство по
делу, показания других лиц, участвующих в производстве, пояснения специалиста и
заключение эксперта, исследуют иные доказательства, а в случае участия прокурора в
рассмотрении дела заслушивают его заключение;
11) выносят определение об отложении рассмотрения дела в связи: с заявлением
о самоотводе или отводе судьи либо должностного лица, рассматривающего дело, в
случае, если его отвод препятствует рассмотрению дела по существу; с отводом
защитника, уполномоченного представителя, эксперта или переводчика, если указанный
отвод препятствует рассмотрению дела по существу; с необходимостью явки лиц,
участвующих в рассмотрении дела, или истребования дополнительных материалов по
делу, а также в случаях, предусмотренных частью второй статьи 51 настоящего
Кодекса. В случае необходимости судья или орган (должностное лицо) выносит
определение о назначении экспертизы;
12) выносят определение о передаче дела для рассмотрения по существу в
случаях, предусмотренных статьей 816 настоящего Кодекса.
2. Председательствующий, установив факт проявления неуважения к суду со
стороны присутствующего в процессе лица непосредственно в ходе судебного
разбирательства, вправе, объявив о факте, без соблюдения требований подпунктов 2),
4), 9) и 12) части первой настоящей статьи вынести постановление о наложении на
виновное лицо административного взыскания, предусмотренного статьей 653 настоящего
Кодекса.
Дело о факте проявления неуважения к суду со стороны присутствующего в
процессе лица, установленном в ходе судебного разбирательства, рассматривается
судьей (судом) непосредственно в этом же заседании суда с установлением и
фиксированием этого факта в протоколе судебного заседания.
3. В случае участия в рассмотрении дела должностного лица, возбудившего дело
об административном правонарушении, или представителя государственного органа, чьи
представители имеют право возбуждать дела об административных правонарушениях, они
первыми представляют объяснения по существу правонарушения и доказательства
виновности лица в его совершении.
4. В необходимых случаях осуществляются другие процессуальные действия,
предусмотренные настоящим Кодексом.
Статья 819. Обстоятельства, подлежащие выяснению при
рассмотрении дела об административном
правонарушении
1. Судья, орган (должностное лицо) при рассмотрении дела об административном
правонарушении обязаны выяснить, было ли совершено административное правонарушение,
виновно ли данное лицо в его совершении, подлежит ли оно административной
ответственности, имеются ли обстоятельства, смягчающие и отягчающие
ответственность, причинен ли имущественный ущерб, а также выяснить другие
обстоятельства, имеющие значение для правильного разрешения дела.
2. При установлении обстоятельств, смягчающих ответственность, судья, орган
(должностное лицо) вправе сократить сумму административного штрафа, налагаемого на
физическое лицо, в отношении которого возбуждено дело об административном
правонарушении, но не более чем на тридцать процентов от общей суммы штрафа.
Статья 820. Протокол судебного заседания
1. В судебном заседании суда первой инстанции ведется протокол. Если лицо, в
отношении которого ведется производство по делу об административном правонарушении,
при рассмотрении дела об административном правонарушении полностью признает свою
вину, не заявляет о необходимости исследовать доказательства, ведение протокола
необязательно. При этом суд вышестоящих инстанций, рассматривая дело по правилам,
предусмотренным для суда первой инстанции, ведет протокол судебного заседания в
случаях необходимости исследования имеющих значение для правильного разрешения дела
дополнительных материалов, полученных экспертных заключений, допроса вызванных в
заседание лиц, а также по собственной инициативе или по ходатайству лица, в
отношении которого ведется производство по делу об административных правонарушении.
2. В протоколе судебного заседания указываются:
1) место и дата заседания, время его начала и окончания;
2) сведения о лице, в отношении которого рассматривается дело: для физических
лиц – фамилия, имя, отчество (при его наличии), дата рождения, место жительства,
наименование и реквизиты документа, удостоверяющего личность, идентификационный
номер, сведения о регистрации по месту жительства, место работы; для юридических
лиц – наименование, организационно-правовая форма, место нахождения, номер и дата
государственной регистрации в качестве юридического лица, идентификационный номер и
банковские реквизиты;
3) язык производства по рассматриваемому делу;
4) событие рассматриваемого дела об административном правонарушении;
5) должность, фамилия, инициалы судьи, секретаря судебного заседания;
6) сведения о явке лиц, участвующих в рассмотрении дела, об извещении
отсутствующих лиц в установленном порядке;
7) ход судебного заседания;
8) отводы, ходатайства и результаты их рассмотрения;
9) разъяснение участникам производства по делу об административном
правонарушении их прав и обязанностей;
10) содержание объяснений, вопросов и ответов, выступлений участников
судебного заседания;
11) рассмотренные материалы и документы;
12) указание на постановления, вынесенные в ходе судебного заседания, решение
суда по делу об административном правонарушении, разъяснение срока и порядка его
обжалования;
13) ознакомление с протоколом судебного заседания и разъяснение срока подачи
на него замечаний.
3. Протокол составляется, подписывается судьей и секретарем судебного
заседания не позднее пяти суток со дня рассмотрения дела.
4. Судья обязан обеспечить лицу, в отношении которого ведется производство по
делу об административном правонарушении, другим участникам производства по делу об
административном правонарушении возможность ознакомиться с протоколом судебного
заседания.
5. Участники производства по делу об административном правонарушении вправе
представить свои замечания в отношении полноты и достоверности составления
протокола судебного заседания в течение пяти суток после его подписания.
6. Замечания на протокол судебного заседания рассматриваются судьей в течение
пяти суток со дня их подачи.
7. О принятии или отклонении замечаний на протокол судебного заседания судья
выносит мотивированное постановление. Постановление и замечания на протокол
судебного заседания приобщаются к протоколу судебного заседания.
Статья 821. Виды решений по результатам рассмотрения дела
об административном правонарушении
1. Рассмотрев дело об административном правонарушении, судья, орган
(должностное лицо) выносят одно из следующих постановлений:
1) о наложении административного взыскания;
2) о прекращении производства по делу;
3) о передаче дела на рассмотрение судье, органу (должностному лицу),
правомочным налагать за данное административное правонарушение взыскание иного вида
или размера, а также о передаче дела на рассмотрение по месту учета транспортного
средства (судна, в том числе маломерного), в случаях, предусмотренных статьей 812
настоящего Кодекса.
2. Признав в результате рассмотрения дела неправильной юридическую оценку
содеянного, судья, орган (должностное лицо) вправе изменить квалификацию
правонарушения на статью закона, предусматривающую менее строгое административное
взыскание.
3. При направлении водителя транспортного средства на сдачу экзамена для
проверки знания правил дорожного движения выносится постановление о направлении на
проверку знания правил дорожного движения, копия которого выдается лицу,
направленному на сдачу экзамена.
4. В случае установления в действиях лица, в отношении которого рассмотрено
дело, признаков административного правонарушения, предусмотренного другой статьей
или частью статьи Особенной части раздела 2 настоящего Кодекса, суд вправе изменить
квалификацию правонарушения на статью или часть статьи закона, предусматривающие
менее строгое административное взыскание.
5. Постановление о прекращении производства по делу выносится в случаях:
1) наличия обстоятельств, исключающих производство по делу,
предусмотренных статьей 741 настоящего Кодекса;
2) наличия обстоятельств, позволяющих не привлекать к административной
ответственности, предусмотренных статьей 742 настоящего Кодекса;
3) передачи материалов дела соответствующим органам для решения вопроса о
привлечении лица к дисциплинарной ответственности в соответствии со статьей 32
настоящего Кодекса.
Статья 822. Постановление по делу об административном
правонарушении
1. В постановлении по делу об административном правонарушении должны быть
указаны:
1) должность, фамилия, инициалы судьи, должностного лица, вынесшего
постановление;
2) дата и место рассмотрения дела;
3) сведения о лице, в отношении которого рассмотрено дело: для физических лиц
– фамилия, имя, отчество (при его наличии), дата рождения, место жительства,
наименование и реквизиты документа, удостоверяющего личность, идентификационный
номер, сведения о регистрации по месту жительства, место работы; для юридических
лиц – наименование, организационно-правовая форма, место нахождения, номер и дата
государственной регистрации в качестве юридического лица, идентификационный номер и
банковские реквизиты;
4) язык производства по рассматриваемому делу;
5) статья настоящего Кодекса, предусматривающая ответственность за
административное правонарушение;
6) обстоятельства, установленные при рассмотрении дела;
7) решение по делу;
8) порядок и сроки обжалования постановления;
9) сроки добровольной уплаты штрафа или исполнения иного вида
административного взыскания.
2. Постановление по делу об административном правонарушении должно быть
законным и обоснованным.
Если при решении вопроса о наложении взыскания за административное
правонарушение судьей одновременно решается вопрос о возмещении виновным
имущественного ущерба, то в постановлении указываются размер ущерба, подлежащего
взысканию, срок и порядок его возмещения.
При вынесении решения об административном выдворении за пределы Республики
Казахстан указывается разумный срок, в течение которого иностранец или лицо без
гражданства должны покинуть территорию Республики Казахстан.
3. В постановлении по делу об административном правонарушении должны быть
решены вопросы об изъятых вещах и документах, находившихся при физическом лице, об
изъятых документах и имуществе, принадлежащих юридическому лицу, при этом:
1) предметы, явившиеся орудиями либо предметами совершения административного
правонарушения и принадлежащие физическому или юридическому лицу, привлеченному к
административной ответственности, в случаях, предусмотренных санкциями норм
Особенной части раздела 2 настоящего Кодекса, конфискуются либо передаются в
соответствующие учреждения или уничтожаются; в остальных случаях возвращаются по
принадлежности;
2) вещи, запрещенные к обращению, передаются в соответствующие учреждения или
уничтожаются;
3) вещи, не представляющие ценности и не могущие быть использованными,
подлежат уничтожению, а в случаях ходатайства заинтересованных лиц могут быть
выданы им;
4) документы, являющиеся вещественными доказательствами, остаются в деле в
течение всего срока его хранения либо передаются заинтересованным лицам.
4. Постановление по делу об административном правонарушении подписывается
судьей, должностным лицом, вынесшими постановление.
Статья 823. Объявление постановления по делу об
административном правонарушении и вручение
копии постановления
1. Постановление по делу об административном правонарушении объявляется
незамедлительно по окончании рассмотрения дела.
2. Физическому лицу или представителю юридического лица, в отношении
которого вынесено постановление по делу об административном правонарушении, а также
потерпевшему, законному представителю физического лица, уполномоченному органу
(должностному лицу), возбудившему дело об административном правонарушении, копия
постановления вручается и (или) высылается в течение трех суток со дня его
объявления.
В случае вынесения постановления об административном аресте, а также о
прекращении производства по делу копия постановления немедленно направляется
прокурору.
3. По делам об административных правонарушениях, предусмотренных статьями 436
и 484 настоящего Кодекса, в отношении лица, которому огнестрельное оружие, а также
боеприпасы вверены в связи с выполнением служебных обязанностей или переданы во
временное пользование организацией, копия постановления направляется
соответствующей организации.
Сноска. Статья 823 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 824. Определение по делу об административном
правонарушении
В определении по делу об административном правонарушении должны быть указаны
сведения, предусмотренные частью первой статьи 822 настоящего Кодекса, за
исключением срока и порядка обжалования.
Статья 825. Исправление описок, опечаток и арифметических
ошибок
1. Судья, орган (должностное лицо), вынесшие постановление по делу об
административном правонарушении, по заявлению участников производства по делу,
судебного исполнителя, органа (должностного лица), исполняющих постановление по
делу об административном правонарушении, или по своей инициативе вправе исправить
допущенные в постановлении описки, опечатки и арифметические ошибки без изменения
содержания постановления.
2. Исправление описок, опечаток и арифметических ошибок в постановлении,
принятом по результатам рассмотрения жалоб, протестов на постановление по делу об
административном правонарушении, производится в порядке, установленном настоящей
статьей.
3. Рассмотрение заявления об исправлениях описок, опечаток и арифметических
ошибок производится в течение трех суток со дня поступления заявления.
4. Исправление описки, опечатки или арифметической ошибки производится в виде
определения.
5. Копия определения в течение трех суток со дня его вынесения направляется
участникам производства по делу, судебному исполнителю, органу (должностному лицу),
исполняющим постановления, а также органу (должностному лицу), составившему
протокол об административном правонарушении.
Статья 826. Частное постановление и представление
1. При выявлении случаев нарушения законности, а также установлении причин и
условий, способствующих совершению административных правонарушений, судья выносит
частное постановление, а орган (должностное лицо) вносит в соответствующую
организацию и должностным лицам представление о принятии мер по их устранению.
Представление органа (должностного лица) может быть обжаловано в
специализированном районном и приравненном к нему административном суде в течение
десяти суток со дня его получения. Частное постановление суда может быть обжаловано
в течение десяти суток со дня его получения в вышестоящем суде, решение которого
обжалованию, опротестованию не подлежит.
2. Руководители организаций и другие должностные лица обязаны рассмотреть
частное постановление и представление в течение месяца со дня его получения и
сообщить о принятых мерах судье, вынесшему частное постановление, или органу
(должностному лицу), внесшему представление.
Глава 44. ОБЖАЛОВАНИЕ ДЕЙСТВИЙ (БЕЗДЕЙСТВИЯ) ОРГАНА
(ДОЛЖНОСТНОГО ЛИЦА), ОСУЩЕСТВЛЯЮЩЕГО ПРОИЗВОДСТВО
ПО ДЕЛУ ОБ АДМИНИСТРАТИВНОМ ПРАВОНАРУШЕНИИ
Статья 827. Порядок подачи жалобы
1. Действия (бездействие) органа (должностного лица), осуществляющего
производство по делу об административном правонарушении, могут быть обжалованы в
вышестоящий орган (должностному лицу) и (или) в специализированный районный и
приравненный к нему административный суд. Предварительное обращение в вышестоящий
орган (должностному лицу) не является обязательным условием для предъявления
заявления в суд и его принятия судом к рассмотрению и разрешению по существу.
2. Жалобы подаются в тот государственный орган или тому должностному лицу,
которые уполномочены законом рассматривать жалобы и принимать по ним решения.
Запрещается поручать рассмотрение жалобы тому должностному лицу, действие
(бездействие) которого обжалуется.
3. Жалобы могут быть устные и письменные. Устные жалобы заносятся в протокол,
который подписывают заявитель и должностное лицо, принявшее жалобу. Устные жалобы,
излагаемые лицами на приеме у соответствующих должностных лиц, разрешаются на общих
основаниях с жалобами, представленными в письменном виде. К жалобе могут быть
приложены дополнительные материалы.
4. Лицу, не владеющему языком, на котором ведется производство по делу,
обеспечивается право подачи жалобы на родном языке или языке, которым оно владеет.
5. Лицо, подавшее жалобу, вправе ее отозвать. Лицо, в отношении которого
возбуждено дело, потерпевший вправе отозвать жалобу своего защитника,
представителя, кроме законного представителя. Жалоба, поданная в интересах лица, в
отношении которого возбуждено дело, может быть отозвана лишь с их письменного
согласия. Отзыв жалобы не препятствует ее повторной подаче.
6. Подача жалобы не приостанавливает производство обжалуемого действия и
исполнение обжалуемого решения.
Примечание. Если на территории соответствующей административно-
территориальной единицы не образованы специализированный межрайонный
административный суд, отнесенные к их подсудности, дела вправе рассматривать
районные (городские) суды.
Статья 828. Срок подачи жалобы
1. Лицо вправе обратиться в вышестоящий орган (должностному лицу) и (или) в
суд с жалобой в течение двух месяцев со дня, когда ему стало известно о нарушении
его прав, свобод и законных интересов.
2. Пропуск срока подачи жалобы не является основанием отказа в принятии
жалобы. Причины пропуска срока выясняются при рассмотрении жалобы по существу и
могут являться одним из оснований отказа в удовлетворении жалобы.
Статья 829. Порядок рассмотрения жалобы
1. Рассматривая жалобу, судья или орган (должностное лицо) обязаны
всесторонне проверить изложенные в ней доводы, при необходимости истребовать
дополнительные материалы, получить от соответствующих должностных лиц, физических и
юридических лиц пояснения относительно обжалуемых действий.
2. Жалоба подлежит рассмотрению в течение десяти суток со дня поступления. По
результатам рассмотрения жалобы принимается постановление об удовлетворении жалобы
либо об отказе в ее удовлетворении.
Постановление об отказе в удовлетворении жалобы подлежит обжалованию в
течение десяти суток с момента получения копии постановления органа (должностного
лица) в специализированный районный и приравненный к нему административный суд,
постановление суда – в вышестоящий суд, решение которого обжалованию,
опротестованию не подлежит.
3. Копия постановления незамедлительно вручается физическому лицу или
представителю юридического лица, а в случае отсутствия этих лиц высылается им в
течение суток со дня вынесения постановления.
4. Орган (должностное лицо) или судья, рассматривающие жалобу, обязаны в
пределах своих полномочий немедленно принять меры к восстановлению нарушенных прав
и законных интересов участников производства по делу об административном
правонарушении, а также иных лиц.
Глава 45. ПЕРЕСМОТР НЕ ВСТУПИВШИХ В ЗАКОННУЮ СИЛУ
ПОСТАНОВЛЕНИЙ ПО ДЕЛАМ ОБ АДМИНИСТРАТИВНЫХ
ПРАВОНАРУШЕНИЯХ В АПЕЛЛЯЦИОННОМ ПОРЯДКЕ
Статья 830. Право на обжалование, опротестование
постановления по делу об административном
правонарушении
1. Постановление по делу об административном правонарушении может быть
обжаловано лицами, указанными в статьях 744, 745, 746, 747 и 748 настоящего
Кодекса, а также опротестовано прокурором.
2. Постановление судьи специализированного районного и приравненного к нему
административного суда и суда по делам несовершеннолетних о наложении
административного взыскания может быть обжаловано, опротестовано в вышестоящий суд.
3. Постановление по делу о факте проявления неуважения к суду, вынесенное
судьей (судом) в порядке части второй статьи 818 настоящего Кодекса, может быть
обжаловано, опротестовано в суд вышестоящей инстанции. Постановления коллегии
Верховного Суда, вынесенные на заседании суда по делу о факте проявления неуважения
к суду, пересмотру не подлежат.
4. Вынесенное органом (должностным лицом) постановление по делу об
административном правонарушении может быть обжаловано, опротестовано в вышестоящий
орган (должностному лицу) или в специализированный районный и приравненный к нему
административный суд и суд по делам несовершеннолетних по месту нахождения органа
(должностного лица).
5. Предварительное обращение лиц, указанных в статьях 744, 745, 746, 747
и 748 настоящего Кодекса, в вышестоящий орган (должностному лицу) не является
обязательным условием для предъявления жалобы в суд и его принятия судом к
рассмотрению и разрешению по существу.
Статья 831. Порядок обжалования, опротестования
постановления по делу об административном
правонарушении
1. Жалоба на постановление по делу об административном правонарушении
направляется судье, в орган (должностному лицу), вынесшие постановление по делу,
которые обязаны в течение трех суток со дня поступления жалобы, протеста направить
их со всеми материалами дела в соответствующий суд, вышестоящий орган (должностному
лицу).
2. В случае обжалования, опротестования постановления по делу о факте
проявления неуважения к суду в соответствии с частью третьей статьи 830 настоящего
Кодекса суд прилагает к постановлению выписку из протокола судебного заседания в
части установления факта.
3. Жалоба может быть подана, а протест внесен непосредственно в суд,
вышестоящий орган (должностному лицу), уполномоченные их рассматривать.
4. Жалоба, протест на постановление судьи о наложении взыскания в виде
административного ареста подлежат направлению в вышестоящий суд в день получения
жалобы, протеста.
5. Если рассмотрение жалобы, протеста не относится к компетенции судьи,
которому обжаловано, опротестовано постановление по делу об административном
правонарушении, жалоба, протест направляются по подведомственности.
Статья 832. Срок обжалования, опротестования
постановления по делу об административном
правонарушении
1. Жалоба, протест на постановление по делу об административном
правонарушении могут быть поданы в течение десяти суток со дня вручения копии
постановления, а в случае, если лица, указанные в статьях 744, 745, 746, 747 и 748
настоящего Кодекса, не участвовали в рассмотрении дела, – со дня ее получения.
2. Жалоба, протест на постановление по делу об административном
правонарушении, вынесенные в связи с неисполнением или исполнением ненадлежащим
образом налогового обязательства, установленного Налоговым кодексом Республики
Казахстан, или обязанностей, предусмотренных законодательством Республики
Казахстан о пенсионном обеспечении и об обязательном социальном страховании,
выявленных по результатам налоговой проверки, могут быть поданы в течение тридцати
суток со дня вручения или получения копии постановления.
3. В случае если постановление по делу об административном правонарушении
обжалуется, опротестовывается в вышестоящий орган (должностному лицу), срок,
предусмотренный частью первой настоящей статьи, исчисляется с момента получения
лицами, указанными в статьях 744, 745, 746, 747 и 748 настоящего Кодекса, копии
решения по жалобе (протесту).
4. В случае пропуска указанного в части первой настоящей статьи срока по
уважительным причинам этот срок по заявлению лица, в отношении которого вынесено
постановление, может быть восстановлен судом, органом (должностным лицом),
правомочным рассматривать жалобу.
Статья 833. Содержание жалобы (протеста)
1. Жалоба (протест) подается в письменном виде и в ней должны быть указаны:
1) наименование суда, вышестоящего органа (должностного лица), в которые
(которому) подается жалоба;
2) фамилия, имя и отчество (при его наличии) (точное наименование
юридического лица), место постоянного жительства или место нахождения (почтовый
адрес) подателя жалобы или протеста;
3) наименование органа или учреждения либо фамилия и должность должностного
лица, на правовой акт или действие которого подается протест;
4) содержание обжалуемого или опротестовываемого правового акта или действия,
а также причины, по которым податель жалобы или протеста считает правовой акт или
действия нарушающими его права или свободы;
5) четко сформулированное ходатайство подателя жалобы или протеста.
2. Жалоба или протест подписывается подателем. Жалоба, подаваемая от имени
юридического лица, подписывается его представителем или другим уполномоченным на то
лицом.
3. Если жалоба или протест подается в интересах другого лица, в ней следует
указать имя и фамилию, место постоянного жительства или место нахождения (почтовый
адрес) лица, в интересах которого подается жалоба или протест. К жалобе прилагается
подтверждающий полномочия документ.
4. Жалоба или протест подается в двух экземплярах с приложением копии
обжалуемого или опротестовываемого правового акта, изданного судом, органом
(должностным лицом), а также иных документов в обоснование приведенных в жалобе или
протесте доводов.
5. В случае если принесенные жалоба, протест не соответствуют требованиям,
предусмотренным частью первой настоящей статьи, они считаются поданными, но
возвращаются с указанием срока для дооформления. Если в течение указанного срока
жалоба, протест после пересоставления не представлены суду, вышестоящему органу
(должностному лицу), они считаются неподанными.
Статья 834. Приостановление исполнения постановления в
связи с подачей жалобы или принесением
протеста
1. Подача в установленный срок жалобы приостанавливает исполнение
постановления о наложении административного взыскания до рассмотрения жалобы.
2. Прокурор имеет право приостановить исполнение постановления о наложении
административного взыскания на время проверки его законности, давать письменные
указания уполномоченным должностным лицам и органам (кроме суда) о производстве
дополнительной проверки. По результатам проверки прокурор вносит протест
соответствующему органу об отмене или изменении постановления или отменяет
приостановление исполнения постановления.
3. Принесение прокурором протеста приостанавливает исполнение постановления
до рассмотрения протеста.
Статья 835. Сроки рассмотрения жалобы, протеста на
постановление по делу об административном
правонарушении
1. Жалоба, протест на постановление по делу об административном
правонарушении подлежат рассмотрению в течение десяти суток со дня их поступления.
2. Жалоба, протест на постановление об административном аресте, если лицо,
привлеченное к ответственности, отбывает административный арест, подлежат
рассмотрению в течение одних суток с момента подачи жалобы или протеста.
3. В случае поступления ходатайств от участников производства по делу об
административном правонарушении либо при необходимости дополнительного выяснения
обстоятельств дела срок рассмотрения жалобы, протеста может быть продлен
вышестоящим судьей, вышестоящим органом (должностным лицом), рассматривающими дело,
но не более чем на десять суток. Суд, орган (должностное лицо) обязаны
приостановить срок рассмотрения жалобы (протеста) при невозможности ее (его)
рассмотрения до разрешения другого дела, рассматриваемого в гражданском, уголовном
или административном судопроизводстве. О продлении срока выносится мотивированное
определение.
Статья 836. Единоличное рассмотрение судьей вышестоящего
суда, руководителем вышестоящего органа или
его заместителем жалобы, протеста на
постановление по делу об административном
правонарушении
Жалоба, протест на постановление судьи специализированного районного и
приравненного к нему административного суда и суда по делам несовершеннолетних,
органа (должностного лица) по делу об административном правонарушении
рассматриваются единолично судьей вышестоящего суда, вышестоящим должностным лицом
или руководителем (заместителем руководителя) вышестоящего органа.
Жалоба, протест на постановление суда по делу о факте проявления неуважения к
суду, вынесенные судьей (судом) в порядке, предусмотренном частью второй статьи 818
настоящего Кодекса, рассматриваются единолично судьей вышестоящего суда, а в случае
вынесения такого постановления судом апелляционной или кассационной инстанции
рассматриваются коллегией суда вышестоящей инстанции.
Статья 837. Подготовка к рассмотрению жалобы, протеста на
постановление по делу об административном
правонарушении
При подготовке к рассмотрению жалобы, протеста на постановление по делу об
административном правонарушении судья, вышестоящий орган (должностное лицо):
1) выясняют, имеются ли обстоятельства, исключающие производство по делу;
2) разрешают ходатайства, истребуют дополнительные материалы, вызывают лиц,
участие которых признано необходимым для рассмотрения жалобы, протеста; судья при
необходимости назначает экспертизу;
3) если рассмотрение жалобы, протеста не относится к их компетенции,
направляют их со всеми материалами дела по подведомственности.
Статья 838. Рассмотрение жалобы, протеста на
постановление по делу об административном
правонарушении
1. Судья, вышестоящий орган (должностное лицо), приступив к рассмотрению
жалобы, протеста на постановление по делу об административном правонарушении:
1) объявляют, кто рассматривает жалобу, протест; какая жалоба, протест
подлежат рассмотрению; кем поданы жалоба, протест;
2) удостоверяются в явке физического лица или представителя юридического
лица, в отношении которого вынесено постановление по делу, а также вызванных для
участия в рассмотрении жалобы, протеста лиц;
3) проверяют полномочия представителей физического или юридического лица,
защитника и представителя;
4) выясняют причины неявки участников производства по делу и принимают
решение о рассмотрении жалобы, протеста в их отсутствие либо об отложении
рассмотрения жалобы, протеста;
5) разъясняют лицам, участвующим в рассмотрении жалобы, протеста, их права и
обязанности;
6) разрешают заявленные отводы и ходатайства;
7) оглашают жалобу, протест на постановление по делу об административном
правонарушении, а при необходимости и иные материалы дела.
2. При рассмотрении жалобы, протеста на постановление по делу об
административном правонарушении проверяется законность и обоснованность вынесенного
постановления по имеющимся в деле и дополнительно представленным материалам. Судья,
вышестоящий орган (должностное лицо) не связаны с доводами жалобы, протеста и
проверяют дело в полном объеме, при этом они вправе устанавливать новые факты и
исследовать новые доказательства.
3. Судья, вышестоящий орган (должностное лицо) вправе отложить рассмотрение
жалобы, протеста в связи с неявкой вызванных лиц, истребованием дополнительных
материалов по делу, назначением экспертизы и в других случаях, когда это необходимо
для полного, всестороннего и объективного рассмотрения жалобы, протеста.
4. Если жалоба на постановление по делу об административном правонарушении
поступила одновременно в суд и вышестоящий орган (должностному лицу), то жалобу
рассматривает суд.
Статья 839. Решение по жалобе, протесту на постановление
по делу об административном правонарушении
1. Рассмотрев жалобу, протест на постановление по делу об административном
правонарушении, судья, вышестоящий орган (должностное лицо) принимают одно из
следующих решений:
1) об оставлении постановления без изменения, а жалобы, протеста без
удовлетворения;
2) об изменении постановления;
3) об отмене постановления и прекращении дела при наличии обстоятельств,
предусмотренных статьями 741 и 742 настоящего Кодекса, а также при недоказанности
обстоятельств, на основании которых было вынесено постановление;
4) об отмене постановления и вынесении нового постановления по делу;
5) об отмене постановления и направлении дела на рассмотрение по
подведомственности, если при рассмотрении жалобы, протеста установлено, что
постановление было вынесено неправомочным судьей, органом (должностным лицом).
2. Решение по результатам рассмотрения жалобы, протеста выносится в виде
постановления по жалобе, протесту на постановление по делу. Постановление должно
содержать сведения, указанные в части первой статьи 822 настоящего Кодекса.
3. Постановление судьи вышестоящего суда по жалобе, протесту на постановление
судьи специализированного районного и приравненного к нему административного суда и
суда по делам несовершеннолетних, а также постановление судьи, вынесенное в случае,
предусмотренном подпунктом 5) части первой настоящей статьи, может быть
опротестовано в порядке, предусмотренном главой 46 настоящего Кодекса.
Постановление вышестоящего органа (должностного лица) по жалобе, протесту на
постановление по делу об административном правонарушении может быть обжаловано,
опротестовано в суд в порядке, установленном настоящим Кодексом.
Статья 840. Основания к отмене или изменению
постановления по делу об административном
правонарушении
Основаниями к отмене либо изменению постановления по делу об административном
правонарушении и вынесению постановления являются:
1) несоответствие выводов судьи, органа (должностного лица) о фактических
обстоятельствах дела, изложенных в постановлении по делу об административном
правонарушении, исследованным при рассмотрении жалобы, протеста доказательствам;
2) неправильное применение закона об административной ответственности;
3) существенное нарушение процессуальных норм настоящего Кодекса;
4) несоответствие наложенного постановлением административного взыскания
характеру совершенного правонарушения, личности виновного или имущественному
положению юридического лица.
Статья 841. Несоответствие выводов судьи, органа
(должностного лица) о фактических
обстоятельствах дела, изложенных в
постановлении по делу об административном
правонарушении, исследованным при
рассмотрении жалобы, протеста доказательствам
1. Установив, что изложенные в постановлении по делу об административном
правонарушении выводы о фактических обстоятельствах дела не соответствуют
исследованным при рассмотрении жалобы, протеста доказательствам, судья, вышестоящий
орган (должностное лицо) отменяют это постановление полностью или частично и
выносят новое постановление в соответствии с результатами рассмотрения жалобы,
протеста.
2. Судья, вышестоящий орган (должностное лицо), оценивая исследованные в
процессе рассмотрения жалобы, протеста доказательства, вправе признавать
доказанными факты, которые не были установлены постановлением по делу об
административном правонарушении или не были приняты судьей, органом (должностным
лицом), вынесшими постановление, во внимание.
Статья 842. Неправильное применение закона об
административной ответственности
1. Неправильным применением закона об административной ответственности
является:
1) нарушение требований раздела 1 и Общей части раздела 2 настоящего Кодекса;
2) применение не той статьи или части статьи Особенной части раздела 2
настоящего Кодекса, которые подлежали применению;
3) наложение административного взыскания более строгого, чем предусмотрено
санкцией соответствующей статьи Особенной части раздела 2 настоящего Кодекса.
2. Признав в результате рассмотрения жалобы, протеста неправильной
юридическую оценку содеянного, судья вышестоящего суда, вышестоящий орган
(должностное лицо) вправе изменить квалификацию правонарушения на статью закона,
предусматривающую менее строгое административное взыскание.
3. Судья, вышестоящий орган (должностное лицо) вправе по результатам
рассмотрения жалобы, протеста применить закон, предусматривающий более строгое
административное взыскание или наложить более строгое административное взыскание
только в случае, когда по этим основаниям были поданы жалоба потерпевшим или
протест прокурором.
Статья 843. Существенное нарушение процессуальных норм
настоящего Кодекса
1. Существенными нарушениями процессуальных норм настоящего Кодекса
признаются нарушения принципов и иных общих положений настоящего Кодекса при
производстве по делу и его рассмотрении, которые путем лишения или стеснения
гарантированных законом прав участвующих в деле лиц, несоблюдения процедуры
производства по делу об административном правонарушении или иным путем помешали
всесторонне, полно и объективно исследовать обстоятельства дела, повлияли или могли
повлиять на вынесение законного и обоснованного постановления.
2. Постановление подлежит отмене, когда односторонность или неполнота
производства по делу явились результатом ошибочного исключения из исследования
допустимых доказательств или необоснованного отказа в исследовании доказательств,
которые могут иметь значение для дела; неисследования доказательств, подлежащих
обязательному исследованию.
3. Постановление подлежит отмене во всяком случае, если:
1) при наличии оснований, предусмотренных статьями 741 и 742 настоящего
Кодекса, производство по делу не было прекращено;
2) постановление вынесено судьей, органом (должностным лицом), не
уполномоченными рассматривать дела об административных правонарушениях;
3) дело рассмотрено без участия защитника, когда его участие по закону
является обязательным, или иным путем нарушено право лица, в отношении которого
ведется производство по делу, иметь защитника;
4) нарушено право лица, в отношении которого ведется производство по делу,
пользоваться родным языком или языком, которым он владеет, и услугами переводчика;
5) лицу, в отношении которого ведется производство по делу, не предоставлено
право дать объяснения об обстоятельствах дела;
6) постановление не подписано кем-либо из лиц, указанных в части
четвертой статьи 822 настоящего Кодекса.
4. Установив, что при рассмотрении дела об административном правонарушении
допущено нарушение процессуальных норм, указанное в подпункте 1) части третьей
настоящей статьи, судья, вышестоящий орган (должностное лицо) отменяют
постановление и прекращают производство по делу.
5. Если при рассмотрении дела об административном правонарушении было
допущено какое-либо иное существенное нарушение процессуальных норм, судья,
вышестоящий орган (должностное лицо) проводят рассмотрение дела, принимая при этом
меры к устранению допущенного нарушения, отменяют соответственно постановление
судьи соответствующего специализированного районного и приравненного к нему
административного суда и суда по делам несовершеннолетних, нижестоящего органа
(должностного лица) и с учетом результатов рассмотрения дела выносят новое
постановление.
Статья 844. Несоответствие наложенного постановлением
административного взыскания характеру
совершенного правонарушения, личности
виновного или имущественному финансовому
положению юридического лица
1. Признав наложенное постановлением административное взыскание
несправедливым вследствие его чрезмерной строгости, не соответствующим характеру
совершенного правонарушения, личности виновного или имущественному положению
юридического лица, судья, вышестоящий орган (должностное лицо) смягчают взыскание,
руководствуясь общими правилами наложения административного взыскания.
2. Судья, вышестоящий орган (должностное лицо) могут наложить на виновное
лицо более строгое взыскание, чем было определено постановлением по делу об
административном правонарушении, но лишь в том случае, когда по этому основанию был
принесен протест прокурора или была подана жалоба потерпевшим.
Статья 845. Отмена или изменение постановления о
прекращении производства по делу
1. Постановление о прекращении производства по делу может быть отменено
судьей, вышестоящим органом (должностным лицом) с вынесением постановления о
наложении административного взыскания не иначе как по жалобе потерпевшего либо по
протесту прокурора на необоснованность прекращения производства по делу.
2. Постановление о прекращении производства по делу может быть изменено в
части оснований прекращения по жалобе лица, в отношении которого прекращено
производство по делу.
Статья 846. Оглашение постановления по жалобе, протесту
на постановление по делу об административном
правонарушении
1. Постановление по жалобе, протесту на постановление по делу об
административном правонарушении оглашается незамедлительно после его вынесения.
2. Копия постановления по жалобе, протесту на постановление по делу об
административном правонарушении в срок до трех суток после его вынесения вручается
или высылается физическому лицу или представителю юридического лица, в отношении
которого было вынесено постановление по делу, потерпевшему в случае подачи им
жалобы или, по его просьбе, прокурору, принесшему протест.
3. Постановление по жалобе, протесту на постановление по делу об
административном аресте доводится до сведения органа (должностного лица),
исполняющего постановление, а также лица, в отношении которого оно вынесено, – в
день вынесения постановления.
Глава 46. ПЕРЕСМОТР ВСТУПИВШИХ В ЗАКОННУЮ СИЛУ ПОСТАНОВЛЕНИЙ
ПО ДЕЛАМ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ И
ПОСТАНОВЛЕНИЙ ПО РЕЗУЛЬТАТАМ РАССМОТРЕНИЯ ЖАЛОБ,
ПРОТЕСТОВ НА НИХ
Статья 847. Кассационный порядок пересмотра вступивших в
законную силу постановлений по делам об
административных правонарушениях и
постановлений по результатам рассмотрения
жалоб, протестов на них
1. По протесту или жалобе лиц, указанных в частях первой и второй статьи 849
настоящего Кодекса, возможен пересмотр в кассационном порядке вступивших в законную
силу постановлений по делам об административных правонарушениях, постановлений суда
по жалобе, протесту на них.
2. Кассационная жалоба или протест на постановления по делам об
административных правонарушениях, постановления по жалобе, протесту на них могут
быть поданы в течение шести месяцев со дня оглашения постановления в сторону,
ухудшающую положение лица, привлеченного к административной ответственности, либо
лица, в отношении которого административное производство прекращено. В случае
пропуска срока по уважительным причинам этот срок может быть восстановлен судом,
правомочным рассматривать жалобу.
3. Кассационная жалоба, протест на постановления по делам об административных
правонарушениях, постановления суда по жалобе, протесту на них рассматриваются
областным и приравненным к нему судом в составе не менее трех судей в течение
десяти суток со дня их поступления.
4. Кассационная жалоба, протест на постановления по делам об административных
правонарушениях, постановления суда по жалобе, протесту на них должны
соответствовать требованиям, указанным в статье 833 настоящего Кодекса.
5. Порядок подготовки к рассмотрению, рассмотрения и принятия решения по
кассационной жалобе, протесту на постановления по делам об административных
правонарушениях, постановления суда по жалобе, протесту на них осуществляется в
порядке, предусмотренном главой 45 настоящего Кодекса.
6. Акты суда кассационной инстанции выносятся в форме постановлений и должны
содержать сведения, указанные в части первой статьи 822 настоящего Кодекса.
7. Суд кассационной инстанции проверяет законность и обоснованность
постановлений по делам об административных правонарушениях, постановлений по
жалобам, протестам на них в полном объеме.
Статья 848. Порядок и поводы истребования дел и
рассмотрения ходатайств о принесении протеста
на вступившие в законную силу судебные акты
1. Дело об административном правонарушении может быть истребовано из
соответствующего суда для проверки в порядке надзора Генеральным Прокурором
Республики Казахстан, его заместителями, прокурорами областей и приравненными к ним
прокурорами.
2. Поводами к истребованию дел являются ходатайства лиц, указанных в части
второй статьи 849 настоящего Кодекса, а равно инициатива прокуроров, указанных в
части первой статьи 849 настоящего Кодекса, в пределах их компетенции.
3. Запрос прокурора об истребовании дела исполняется судом не позднее семи
суток со дня поступления его в суд.
4. В случае истребования дела ходатайство о принесении надзорного протеста
подлежит рассмотрению прокурором в течение тридцати суток со дня поступления дела в
прокуратуру.
5. Ходатайство о принесении надзорного протеста, подаваемого в Генеральную
прокуратуру Республики Казахстан, должно содержать:
1) наименование должностного лица, которому адресуется ходатайство;
2) наименование лица, подающего ходатайство; его место жительства или место
нахождения и процессуальное положение по делу;
3) указание на суды, рассматривавшие дело в первой, апелляционной и
кассационной инстанциях, и содержание принятых ими решений;
4) указание на постановление суда, которое предлагается опротестовать;
5) указание, в чем заключается существенное нарушение норм материального либо
процессуального права и состоит просьба лица, подающего ходатайство.
6. Ходатайство должно быть подписано лицом, подающим ходатайство, или его
представителем. К ходатайству, поданному представителем, должна быть приложена
доверенность или другой документ, удостоверяющий полномочия представителя.
7. К ходатайству должны быть приложены заверенные судом копии постановления,
вынесенные по делу.
8. Ходатайство подлежит возвращению лицам, их подавшим, в случае
несоответствия его требованиям частей пятой, шестой и седьмой настоящей статьи.
Сноска. Статья 848 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 849. Принесение протеста, подача жалобы на
постановления по делам об административных
правонарушениях и постановления по
результатам рассмотрения жалобы, протеста на
них
1. Право на принесение протеста на вступившие в законную силу постановления и
постановления, указанные в статье 847 настоящего Кодекса, принадлежит Генеральному
Прокурору, его заместителям, прокурорам областей и приравненными к ним прокурорам.
2. Право подачи жалобы о пересмотре вступивших в законную силу постановлений,
указанных в статье 847 настоящего Кодекса, имеет лицо, привлеченное к
административной ответственности, потерпевший, защитники, законные представители и
представители указанных лиц.
Статья 850. Приостановление исполнения постановления о
наложении административного взыскания
Принесение протеста на вступившие в законную силу постановления, указанные
в статье 849 настоящего Кодекса, приостанавливает исполнение этих постановлений.
Статья 851. Исключительный (надзорный) порядок пересмотра
вступивших в законную силу постановлений по
делам об административных правонарушениях и
постановлений по результатам рассмотрения
жалоб, протестов на них
1. Надзорная судебная коллегия по гражданским и административным делам
Верховного Суда Республики Казахстан в случае соблюдения кассационного порядка
обжалования по протесту Генерального Прокурора Республики Казахстан и его
заместителей вправе проверить законность и обоснованность вступившего в законную
силу постановления по любому делу об административном правонарушении, а равно
постановления по результатам рассмотрения жалобы, протеста на постановление и
пересмотреть принятое решение в течение тридцати суток со дня поступления протеста.
Постановления коллегии Верховного Суда вступают в законную силу с момента их
принятия.
2. Пересмотр судом в сторону, ухудшающую положение лица, привлеченного к
административной ответственности, либо лица, в отношении которого административное
производство прекращено, допускается в течение года со дня вступления в законную
силу постановления суда или уполномоченного государственного органа.
3. Протест на постановления по делам об административных правонарушениях,
постановления суда по жалобе, протесту на них должен соответствовать требованиям,
указанным в статье 833 настоящего Кодекса.
Глава 47. ПЕРЕСМОТР ВСТУПИВШИХ В ЗАКОННУЮ СИЛУ ПОСТАНОВЛЕНИЙ
ПО ДЕЛАМ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ И
ПОСТАНОВЛЕНИЙ ПО РЕЗУЛЬТАТАМ РАССМОТРЕНИЯ ЖАЛОБ,
ПРОТЕСТОВ НА НИХ ПО ВНОВЬ ОТКРЫВШИМСЯ ОБСТОЯТЕЛЬСТВАМ
Статья 852. Основания пересмотра
1. Постановления по делам об административных правонарушениях и постановления
по результатам рассмотрения жалоб, протестов могут быть пересмотрены по вновь
открывшимся обстоятельствам.
2. Основаниями для пересмотра постановлений по вновь открывшимся
обстоятельствам являются:
1) существенные для дела обстоятельства, которые не были и не могли быть
известны правонарушителю, потерпевшему;
2) установленные вступившим в законную силу приговором суда заведомо ложные
показания свидетеля, заведомо ложное заключение эксперта, заведомо неправильный
перевод, подложность протокола об административном правонарушении, документов либо
вещественных доказательств, повлекшие за собой вынесение незаконного либо
необоснованного постановления;
3) установленные вступившим в законную силу приговором суда преступные
действия участников производства по делам об административных правонарушениях,
других лиц, участвующих в деле, либо их представителей или преступные деяния судей,
уполномоченных органов (должностных лиц), совершенные при рассмотрении данного
дела;
4) отмена решения, приговора, определения или постановления суда либо
правового акта иного государственного органа (должностного лица), послужившего
основанием к вынесению данного постановления;
5) признание Конституционным Советом Республики Казахстан неконституционным
закона или иного нормативного правового акта, который был применен в данном деле об
административном правонарушении.
Статья 853. Суды, уполномоченные органы (должностные
лица), пересматривающие по вновь открывшимся
обстоятельствам постановления по делам об
административных правонарушениях и
постановления по результатам рассмотрения
жалоб, протестов на них
Вступившее в законную силу постановление пересматривается по вновь
открывшимся обстоятельствам судом, уполномоченным органом (должностным лицом),
вынесшим это решение.
В случае пересмотра судом постановления органа (должностного лица) и
оставления его без изменения пересмотр по вновь открывшимся обстоятельствам
осуществляется судом, вынесшим данное решение.
Статья 854. Подача заявления
1. Заявление о пересмотре постановления по вновь открывшимся обстоятельствам
подается лицом, привлеченным к административной ответственности, потерпевшим или их
законными представителями, или прокурором в суд, орган (должностному лицу),
вынесшие постановление.
2. Лицами, указанными в части первой настоящей статьи, заявление о пересмотре
постановления по вновь открывшимся обстоятельствам может быть подано в течение трех
месяцев со дня установления обстоятельств, служащих основанием для пересмотра.
Статья 855. Форма и содержание заявления
1. Заявление о пересмотре постановления по вновь открывшимся обстоятельствам
подается в письменной форме. Заявление подписывается лицом, подающим заявление, или
его уполномоченным представителем.
2. В заявлении о пересмотре по вновь открывшимся обстоятельствам должны быть
указаны:
1) наименование суда, органа (должностного лица), в которые подается
заявление;
2) сведения о лице, подающем заявление (для физических лиц – фамилия, имя,
отчество (при его наличии), абонентский номер телефона, факса, сотовой связи и
(или) электронный адрес (если они имеются);
для юридических лиц – наименование, место нахождения, номер и дата государственной
регистрации (перерегистрации) юридического лица, абонентский номер телефона, факса,
сотовой связи и (или) электронный адрес (если они имеются);
3) наименование суда, органа (должностного лица) принявших акт, о пересмотре
которого по вновь открывшимся обстоятельствам ходатайствует заявитель; дата
принятия данного акта;
4) требование лица, подающего заявление; вновь открывшееся обстоятельство,
предусмотренное статьей 852 настоящего Кодекса и являющееся, по мнению заявителя,
основанием для постановки вопроса о пересмотре постановления по вновь открывшимся
обстоятельствам, со ссылкой на документы, подтверждающие открытие или установление
этого обстоятельства;
5) перечень прилагаемых документов.
3. К заявлению должны быть приложены:
1) копии документов, подтверждающих вновь открывшиеся обстоятельства;
2) копия постановления, о пересмотре которого ходатайствует заявитель;
3) документ, подтверждающий направление другим лицам, участвующим в деле,
копий заявления и документов, которые у них отсутствуют;
4) доверенность или иной документ, подтверждающий полномочия лица на
подписание заявления.
Статья 856. Принятие заявления к производству суда,
органа (должностного лица)
1. Заявление о пересмотре постановления по вновь открывшимся обстоятельствам,
поданное с соблюдением требований, предъявляемых к его форме и содержанию,
принимается к производству соответствующего суда, органа (должностного лица).
2. Вопрос о принятии заявления к производству решается в течение трех суток
со дня его поступления.
3. О принятии заявления к производству выносится определение, в котором
указываются дата и место проведения заседания по рассмотрению заявления.
4. Копии определения направляются лицам, участвующим в деле.
Статья 857. Возвращение заявления о пересмотре
постановления по вновь открывшимся
обстоятельствам
1. Судья соответствующего суда, должностное лицо уполномоченного органа
возвращают заявителю поданное им заявление о пересмотре постановления по вновь
открывшимся обстоятельствам, если при решении вопроса о принятии его к производству
установят, что:
1) заявление подано с нарушением правил, установленных статьей 855 настоящего
Кодекса;
2) заявление подано после истечения установленного срока и отсутствует
ходатайство о его восстановлении или в восстановлении пропущенного срока подачи
заявления отказано;
3) не соблюдены требования, предъявляемые к форме и содержанию заявления.
2. О возвращении заявления выносится определение.
Копия определения направляется заявителю вместе с заявлением и прилагаемыми к
нему документами не позднее следующего дня после дня его вынесения.
3. Определение о возвращении заявления может быть обжаловано, опротестовано.
Статья 858. Исчисление срока для подачи заявления
Срок для подачи заявления исчисляется:
1) в случаях, предусмотренных подпунктом 1) части второй статьи 852
настоящего Кодекса, – со дня открытия обстоятельств, имеющих существенное значение
для дела;
2) в случаях, предусмотренных подпунктами 2) и 3) части второй статьи 852
настоящего Кодекса, – со дня вступления в законную силу приговора суда;
3) в случаях, предусмотренных подпунктом 4) части второй статьи 852
настоящего Кодекса, – со дня вступления в законную силу приговора, решения,
определения, постановления суда или правового акта иного государственного органа
(должностного лица), на которых было основано пересматриваемое постановление;
4) в случаях, предусмотренных подпунктом 5) части второй статьи 852
настоящего Кодекса, – со дня принятия постановления Конституционного Совета
Республики Казахстан о признании неконституционным закона или иного нормативного
правового акта, который был применен в данном деле об административном
правонарушении.
Статья 859. Рассмотрение заявления
Заявление о пересмотре постановления по вновь открывшимся обстоятельствам
суд, орган (должностное лицо) рассматривают в заседании. Заявитель и лица,
участвующие в деле, извещаются о времени и месте заседания, однако их неявка не
является препятствием к рассмотрению заявления.
Статья 860. Постановление суда, уполномоченного органа
(должностного лица) о пересмотре дела
1. Суд, орган (должностное лицо), рассмотрев заявление о пересмотре
постановления по вновь открывшимся обстоятельствам, удовлетворяет заявление и
отменяет постановление, либо отказывает в пересмотре.
2. Решения судов, органов (должностных лиц) об отмене постановления по вновь
открывшимся обстоятельствам и об отказе в удовлетворении заявления о пересмотре
постановления по вновь открывшимся обстоятельствам могут быть обжалованы и
опротестованы в установленном порядке.
3. В случае отмены постановления дело рассматривается судом, органом
(должностным лицом) по правилам, установленным настоящим Кодексом.
Глава 48. РЕБИЛИТАЦИЯ. ВОЗМЕЩЕНИЕ ВРЕДА, ПРИЧИНЕННОГО
НЕЗАКОННЫМИ ДЕЙСТВИЯМИ ОРГАНА (ДОЛЖНОСТНОГО ЛИЦА),
УПОЛНОМОЧЕННОГО РАССМАТРИВАТЬ ДЕЛА ОБ
АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ Статья 861. Реабилитация путем признания невиновности
лица, привлеченного к административной
ответственности
1. Лицо, в отношении которого вынесено постановление судьи, органа
(должностного лица), уполномоченных рассматривать дела об административных
правонарушениях, о прекращении дела по основаниям, предусмотренным подпунктами 1) –
7) и 11) части первой статьи 741 настоящего Кодекса, считается невиновным и не
может быть подвергнуто каким-либо ограничениям в правах и свободах,
гарантированных Конституцией и законами Республики Казахстан.
2. Судья, орган (должностное лицо), уполномоченные рассматривать дела об
административных правонарушениях, обязаны принять все предусмотренные законом меры
по признанию лица, указанного в части первой настоящей статьи, невиновным и
восстановлению личных неимущественных и имущественных прав, нарушенных в результате
незаконных действий судьи, органа (должностного лица), уполномоченных рассматривать
дела об административных правонарушениях.
Статья 862. Лица, имеющие право на возмещение вреда,
причиненного в результате незаконных действий
суда, органа (должностного лица),
уполномоченных рассматривать дела об
административных правонарушениях
1. Вред, причиненный лицу в результате незаконного применения мер обеспечения
производства по делу, возмещается из республиканского бюджета в полном объеме
независимо от вины судьи, органа (должностного лица), уполномоченных рассматривать
дела об административных правонарушениях.
2. Право на возмещение вреда, причиненного в результате незаконных действий
судьи, органа (должностного лица), уполномоченных рассматривать дела об
административных правонарушениях, имеют:
1) лица, указанные в части первой статьи 745 настоящего Кодекса;
2) лица, в отношении которых производство по делу не должно было быть начато,
а начатое подлежало прекращению по основаниям, предусмотренным подпунктами 1) – 7)
и 11) части первой статьи 741 настоящего Кодекса, если производство по делу было
начато несмотря на наличие обстоятельств, исключающих производство по делу об
административном правонарушении, или не было прекращено с момента их выявления.
3. В случае смерти физического лица право на возмещение вреда в установленном
порядке переходит к его наследникам.
4. Вред не подлежит возмещению лицу, если доказано, что оно в процессе
производства по делу путем добровольного самооговора препятствовало установлению
истины и тем самым способствовало наступлению последствий, указанных в части первой
настоящей статьи.
5. Правила настоящей статьи при отсутствии обстоятельств, указанных в
подпункте 2) части второй настоящей статьи, не распространяются на случаи, когда
наложенные на лицо административные взыскания и другие меры административно-
правового воздействия отменены или изменены ввиду истечения сроков давности,
принятия закона, устраняющего административную ответственность или смягчающего
административное взыскание.
Статья 863. Подлежащий возмещению вред
Лица, указанные в статье 862 настоящего Кодекса, имеют право на возмещение в
полном объеме имущественного вреда, устранение последствий морального вреда и
восстановление во всех утраченных или ущемленных правах.
Статья 864. Признание права на возмещение вреда
Приняв решение о полной или частичной реабилитации лица, судья или орган
(должностное лицо), уполномоченный рассматривать дела об административных
правонарушениях, обязан признать за ним право на возмещение вреда. Копия
постановления о прекращении дела, об отмене или изменении иных незаконных решений
вручается либо пересылается заинтересованному лицу по почте. Одновременно ему
направляется извещение с разъяснением порядка возмещения вреда. При отсутствии
сведений о месте жительства наследников, родственников или иждивенцев умершего
лица, имеющего право на возмещение ущерба, извещение направляется им не позднее
пяти суток со дня их обращения в орган (должностному лицу), уполномоченный
рассматривать дела об административных правонарушениях.
Статья 865. Возмещение имущественного вреда
1. Имущественный вред, причиненный лицам, указанным в статье 862 настоящего
Кодекса, включает в себя возмещение:
1) заработной платы, пенсии, пособий, иных средств и доходов, которых они
лишились;
2) имущества, незаконно конфискованного на основании постановления судьи. При
невозможности возврата имущества возвращается его стоимость;
3) штрафов, взысканных во исполнение незаконного постановления органа
(должностного лица), уполномоченного решить дело; процессуальных издержек и иных
сумм, выплаченных лицом в связи с незаконными действиями;
4) сумм, выплаченных лицом за оказание юридической помощи;
5) иных расходов, понесенных в результате незаконного привлечения к
административной ответственности.
2. Суммы, затраченные на содержание лиц, указанных в части первой статьи 603
настоящего Кодекса, в местах исполнения административного ареста, процессуальные
издержки, связанные с производством по делу, а равно заработок за выполнение этими
лицами во время исполнения административного ареста каких-либо работ, не могут
вычитаться из сумм, подлежащих выплате в возмещение вреда, причиненного в
результате незаконных действий органа (должностного лица), уполномоченного
рассматривать дела об административных правонарушениях.
3. При получении копии документов, указанных в статье 823 настоящего Кодекса,
с извещением о порядке возмещения вреда лица, указанные в частях второй и
третьей статьи 862 настоящего Кодекса, вправе обратиться с требованием о возмещении
имущественного вреда в орган (должностному лицу), вынесший постановление о
прекращении дела, отмене или изменении иных незаконных решений. Если дело
прекращено вышестоящим органом (должностным лицом) или судом, требование о
возмещении вреда направляется органу (должностному лицу), вынесшему незаконное
постановление. Если дело, рассматривавшееся судьей, прекращено вышестоящим судом,
требование о возмещении вреда направляется судье, вынесшему незаконное
постановление. В случае реабилитации несовершеннолетнего требование о возмещении
вреда может быть заявлено его законным представителем.
4. Не позднее одного месяца со дня поступления заявления орган (должностное
лицо), указанный в части второй настоящей статьи, определяет размер вреда, запросив
в необходимых случаях расчет от финансовых органов и органов социальной защиты,
после чего выносит постановление о производстве выплат в возмещение этого вреда с
учетом инфляции. Если дело прекращено судом, указанные действия производит судья,
рассмотревший дело.
5. Копия постановления, заверенная гербовой печатью, вручается или
направляется лицу для предъявления в органы, обязанные произвести выплату. Порядок
выплаты определяется законодательством.
Статья 866. Устранение последствий морального вреда
1. Орган (должностное лицо), принявший решение о реабилитации лица, обязан
принести ему в письменной форме официальные извинения за причиненный вред.
2. Иски о компенсации в денежном выражении за причиненный моральный вред
предъявляются в порядке гражданского судопроизводства.
3. Если лицо было незаконно привлечено к административной ответственности, а
сведения об этом были опубликованы в печати, распространены по радио, телевидению
или иными средствами массовой информации, то по требованию этого лица, а в случае
его смерти – по требованию его родственников или прокурора соответствующие средства
массовой информации обязаны в течение одного месяца сделать об этом необходимое
сообщение.
4. По требованию лиц, указанных в статье 862 настоящего Кодекса, орган
(должностное лицо), уполномоченный рассматривать дела об административных
правонарушениях, обязан в течение десяти суток направить письменное сообщение об
отмене своих незаконных решений по месту их работы, учебы, жительства.
Статья 867. Сроки предъявления требований
1. Требования о производстве денежных выплат в возмещение имущественного
вреда могут быть предъявлены в течение одного года с момента получения лицами,
указанными в статье 862 настоящего Кодекса, постановления о производстве таких
выплат.
2. Требования о восстановлении иных прав могут быть предъявлены в течение
шести месяцев со дня получения извещения, разъясняющего порядок восстановления
прав.
3. В случае пропуска этих сроков по уважительной причине они по заявлению
заинтересованных лиц подлежат восстановлению органом (должностным лицом),
уполномоченным рассматривать дела об административных правонарушениях.
Статья 868. Возмещение вреда юридическим лицам
Вред, причиненный юридическим лицам незаконными действиями органа
(должностного лица), уполномоченного рассматривать дела об административных
правонарушениях, подлежит восстановлению государством в полном объеме и сроки,
установленные настоящей главой.
Статья 869. Восстановление прав в исковом порядке
Если требование о реабилитации или возмещении вреда не удовлетворено либо
лицо не согласно с принятым решением, оно вправе обратиться в суд в порядке
гражданского судопроизводства.
Глава 49. ОСОБЕННОСТИ ПРОИЗВОДСТВА ПО ДЕЛАМ ЛИЦ,
ОБЛАДАЮЩИХ ПРИВИЛЕГИЯМИ И ИММУНИТЕТОМ ОТ
АДМИНИСТРАТИВНОЙ ОТВЕТСТВЕННОСТИ Статья 870. Условия и порядок производства по делу об
административном правонарушении в отношении
депутата Парламента Республики Казахстан
1. Депутат Парламента Республики Казахстан в течение срока своих полномочий
не может быть подвергнут приводу, мерам административного взыскания, налагаемым в
судебном порядке, без согласия соответствующей Палаты Парламента Республики
Казахстан.
2. Для получения согласия на привлечение депутата к административной
ответственности, влекущей наложение административного взыскания в судебном порядке,
привод Генеральный Прокурор Республики Казахстан вносит представление в
соответствующую Палату Парламента Республики Казахстан, депутатом которой является
лицо, совершившее административное правонарушение. Представление вносится перед
направлением дела об административном правонарушении в суд, а также решением
вопроса о необходимости принудительного доставления депутата в суд, в орган (к
должностному лицу), уполномоченный рассматривать дела об административных
правонарушениях.
3. Решение соответствующей Палаты Парламента Республики Казахстан на
представление, внесенное Генеральным Прокурором Республики Казахстан, выносится в
сроки, установленные Конституционным законом Республики Казахстан «О Парламенте
Республики Казахстан и статусе его депутатов».
4. Если соответствующая Палата Парламента Республики Казахстан дает согласие
на привлечение депутата к административной ответственности, влекущей наложение
административного взыскания в судебном порядке, дальнейшее производство по делу
ведется в порядке, установленном настоящим Кодексом, с учетом особенностей,
предусмотренных настоящей статьей.
5. Если соответствующая Палата Парламента Республики Казахстан дает согласие
на привод, вопрос о применении к депутату этой меры обеспечения производства по
делу об административном правонарушении решается в порядке, установленном настоящим
Кодексом.
6. В случае, если соответствующая Палата Парламента Республики Казахстан не
дала согласия на привлечение депутата к административной ответственности, влекущей
наложение административного взыскания в судебном порядке, производство по делу
подлежит прекращению по этому основанию.
7. В случае, если соответствующая Палата Парламента Республики Казахстан не
дала согласия на привод, к депутату в установленном настоящим Кодексом порядке
применяются иные меры обеспечения производства по делу об административном
правонарушении.
8. Надзор за законностью рассмотрения дела об административном правонарушении
в судебном порядке в отношении депутата Парламента Республики Казахстан
осуществляет Генеральный Прокурор Республики Казахстан.
Статья 871. Условия и порядок производства по делу об
административном правонарушении в отношении
кандидата в Президенты Республики Казахстан,
кандидата в депутаты Парламента Республики
Казахстан
1. Кандидаты в Президенты Республики Казахстан, в депутаты Парламента
Республики Казахстан со дня их регистрации и до опубликования итогов выборов, а
также до их регистрации в качестве Президента, депутата Парламента не могут быть
подвергнуты приводу, мерам административного взыскания, налагаемым в судебном
порядке, без согласия Центральной избирательной комиссии Республики Казахстан.
2. Представление о привлечении кандидата в Президенты Республики Казахстан, в
депутаты Парламента Республики Казахстан к административной ответственности
вносится в Центральную избирательную комиссию Республики Казахстан Генеральным
Прокурором Республики Казахстан перед направлением дела об административном
правонарушении в суд.
3. Мотивированное решение Центральной избирательной комиссии Республики
Казахстан на представление, внесенное Генеральным Прокурором Республики Казахстан,
выносится в течение десяти суток со дня его поступления.
4. После получения Генеральным Прокурором Республики Казахстан решения
Центральной избирательной комиссии Республики Казахстан дальнейшее производство по
делу производится в порядке, установленном статьей 813 настоящего Кодекса.
Статья 872. Условия и порядок производства по делу об
административном правонарушении в отношении
Председателя или члена Конституционного
Совета Республики Казахстан
1. Председатель или члены Конституционного Совета Республики Казахстан в
течение срока своих полномочий не могут быть подвергнуты приводу, мерам
административного взыскания, налагаемым в судебном порядке, без согласия Парламента
Республики Казахстан.
2. Для получения согласия на привлечение Председателя или членов
Конституционного Совета Республики Казахстан к административной ответственности,
влекущей наложение административного взыскания в судебном порядке, привод
Генеральный Прокурор Республики Казахстан вносит представление в Парламент
Республики Казахстан. Представление вносится перед направлением дела об
административном правонарушении в суд, решением вопроса о необходимости
принудительного доставления Председателя или члена Конституционного Совета
Республики Казахстан в суд, в орган (к должностному лицу), уполномоченные
рассматривать дела об административных правонарушениях.
3. После получения Генеральным Прокурором Республики Казахстан решения
Парламента Республики Казахстан дальнейшее производство по делу производится в
порядке, установленном статьей 813 настоящего Кодекса.
4. Исключен Законом РК от 29.12.2014 № 272-V (вводится в действие
01.01.2015).
Сноска. Статья 872 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 873. Условия и порядок производства по делу об
административном правонарушении в отношении
судьи
1. Судья не может быть арестован, подвергнут приводу, мерам административного
взыскания, налагаемым в судебном порядке, без согласия Президента Республики
Казахстан, основанного на заключении Высшего Судебного Совета Республики, либо в
случае, установленном подпунктом 3) статьи 55 Конституции Республики Казахстан, без
согласия Сената Парламента Республики Казахстан.
2. Для получения согласия на привлечение судьи к административной
ответственности, влекущей наложение административного взыскания в судебном порядке,
привод Генеральный Прокурор Республики Казахстан вносит представление Президенту
Республики Казахстан, а в случае, предусмотренном подпунктом 3) статьи 55
Конституции, – в Сенат Парламента Республики Казахстан. Представление вносится
перед направлением дела об административном правонарушении в суд, решением вопроса
о необходимости принудительного доставления судьи в суд, орган (к должностному
лицу), уполномоченные рассматривать дела об административных правонарушениях.
3. После получения Генеральным Прокурором Республики Казахстан решения
Президента Республики Казахстан, Сената Парламента Республики Казахстан дальнейшее
производство по делу производится в порядке, установленном статьей 813 настоящего
Кодекса.
4. Оконченное производством дело об административном правонарушении в
отношении судьи передается органом (должностным лицом), осуществлявшим это
производство, в установленном настоящим Кодексом порядке в суд через Генерального
Прокурора Республики Казахстан.
Статья 874. Условия и порядок производства по делу об
административном правонарушении в отношении
Генерального Прокурора Республики Казахстан
1. Генеральный Прокурор Республики Казахстан в течение срока своих полномочий
не может быть подвергнут приводу, мерам административного взыскания, налагаемым в
судебном порядке, без согласия Сената Парламента Республики Казахстан.
2. Для получения согласия на привлечение Генерального Прокурора Республики
Казахстан к административной ответственности, влекущей наложение административного
взыскания в судебном порядке, привод первый заместитель Генерального Прокурора
вносит представление в Сенат Парламента Республики Казахстан. Представление
вносится перед направлением дела об административном правонарушении в суд, решением
вопроса о необходимости принудительного доставления Генерального Прокурора в суд,
орган (к должностному лицу), уполномоченные рассматривать дела об административных
правонарушениях.
3. После получения первым заместителем Генерального Прокурора Республики
Казахстан решения Сената Парламента Республики Казахстан дальнейшее производство по
делу осуществляется в порядке, установленном статьей 819 настоящего Кодекса.
4. Исключен Законом РК от 29.12.2014 № 272-V (вводится в действие
01.01.2015).
5. Надзор за законностью рассмотрения дела об административном правонарушении
в судебном порядке в отношении Генерального Прокурора Республики Казахстан
осуществляет его первый заместитель.
6. Исключен Законом РК от 29.12.2014 № 272-V (вводится в действие
01.01.2015).
Сноска. Статья 874 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 875. Рассмотрение судьей дела об административном
правонарушении в отношении депутата
Парламента Республики Казахстан, Председателя
или членов Конституционного Совета Республики
Казахстан, судьи, Генерального Прокурора
Республики Казахстан
1. Рассмотрение дела производится по общим правилам с особенностями
производства по делам лиц, обладающих привилегиями и иммунитетом от
административной ответственности.
2. Судья вправе применить к депутату Парламента Республики Казахстан,
Председателю или членам Конституционного Совета Республики Казахстан, судье,
Генеральному Прокурору Республики Казахстан в качестве меры обеспечения
производства по делу об административном правонарушении привод, обратившись с
представлением о даче согласия на это в порядке, предусмотренном соответственно
частью второй статьи 870 настоящего Кодекса, если в даче согласия на привод
государственными органами, указанными в пункте 4 статьи 52, пункте 5 статьи 71,
пункте 2 статьи 79, пункте 3 статьи 83 Конституции Республики Казахстан, до
рассмотрения дела судьей было отказано или такое согласие не испрашивалось.
Статья 876. Лица, обладающие дипломатическим иммунитетом
от административной ответственности
1. В соответствии с законодательством Республики Казахстан и международными
договорами, ратифицированными Республикой Казахстан, иммунитетом от
административной ответственности в судебном порядке в Республике Казахстан
пользуются следующие лица:
1) главы дипломатических представительств иностранных государств, члены
дипломатического персонала этих представительств и члены их семей, если они
проживают совместно с ними и не являются гражданами Республики Казахстан;
2) на основе взаимности сотрудники обслуживающего персонала дипломатических
представительств и члены их семей, проживающие совместно с ними, если эти
сотрудники и члены их семей не являются гражданами Республики Казахстан или не
проживают постоянно в Казахстане, главы консульств и другие консульские должностные
лица в отношении деяний, совершенных ими при исполнении служебных обязанностей,
если иное не предусмотрено международным договором Республики Казахстан;
3) на основе взаимности сотрудники административно-технического персонала
дипломатических представительств и члены их семей, проживающие совместно с ними,
если эти сотрудники и члены их семей не являются гражданами Республики Казахстан
или не проживают постоянно в Казахстане;
4) дипломатические курьеры;
5) главы и представители иностранных государств, члены парламентских и
правительственных делегаций и, на основе взаимности, – сотрудники делегаций
иностранных государств, прибывающие в Казахстан для участия в международных
переговорах, международных конференциях и совещаниях или с другими официальными
поручениями, либо следующие для тех же целей транзитом через территорию Республики
Казахстан и члены семей указанных лиц, которые их сопровождают, если эти члены
семей не являются гражданами Республики Казахстан;
6) главы, члены и персонал представительств иностранных государств в
международных организациях, должностные лица этих организаций, находящиеся на
территории Республики Казахстан, на основе международных договоров или
общепризнанных международных обычаев;
7) главы дипломатических представительств, члены дипломатического персонала
представительств иностранных государств в третьей стране, проезжающие транзитом
через территорию Республики Казахстан, и члены их семей, которые сопровождают
указанных лиц или следуют отдельно, для того чтобы присоединиться к ним или
возвратиться в свою страну;
8) иные лица в соответствии с международным договором Республики Казахстан.
2. Лица, указанные в подпунктах 1), 4) – 7) части первой настоящей статьи, а
также иные лица в соответствии с международным договором Республики Казахстан могут
привлекаться к административной ответственности лишь в случае, если иностранное
государство предоставит определенно выраженный отказ от иммунитета от
административной ответственности. Вопрос о таком отказе разрешается по
представлению Генерального Прокурора Республики Казахстан через Министерство
иностранных дел Республики Казахстан дипломатическим путем. При отсутствии отказа
соответствующего иностранного государства от иммунитета указанных лиц
административное производство в отношении них не может быть начато, а начатое –
подлежит прекращению.
3. Правила части второй настоящей статьи не распространяются на лиц,
указанных в подпунктах 2) и 3) части первой настоящей статьи, за исключением
случаев, когда совершенное этими лицами правонарушение связано с исполнением ими
своих служебных обязанностей и не направлено против интересов Республики Казахстан,
если иное не предусмотрено международным договором Республики Казахстан.
Статья 877. Досмотр, административное задержание и привод
лиц, пользующихся дипломатическим иммунитетом
1. Лица, перечисленные в подпунктах 1), 4) – 7) части первой статьи 876
настоящего Кодекса, а также иные лица в соответствии с международным договором
Республики Казахстан пользуются личной неприкосновенностью. При наличии при них
документов, подтверждающих их статус лиц, пользующихся дипломатическим иммунитетом,
они не могут быть подвергнуты личному досмотру, задержаны или подвергнуты приводу
за совершение административного правонарушения. Не может быть произведен также
досмотр находящихся при них вещей.
2. Если иностранное государство предоставит определенно выраженный отказ от
иммунитета от административной ответственности лиц, указанных в подпунктах 1), 4) –
7) части первой статьи 876, производство по делу осуществляется в общем порядке.
Статья 878. Дипломатический иммунитет от дачи показаний
1. Лица, перечисленные в подпунктах 1), 3) – 6) части первой статьи 876
настоящего Кодекса, а также иные лица в соответствии с международным договором
Республики Казахстан могут не давать показания в качестве свидетеля, потерпевшего,
а при согласии давать такие показания не обязаны для этого являться к судье, в
орган (к должностному лицу), рассматривающим дело об административном
правонарушении. Вызов для опроса, врученный указанным лицам, не должен содержать
предупреждения о возможности применения принудительных мер за их неявку.
2. В случае, если эти лица в ходе административного производства давали
показания как потерпевшие, свидетели, а на рассмотрение дела не явились, судья,
орган (должностное лицо), рассматривающие дело об административном правонарушении,
оглашают их показания.
3. Лица, указанные в подпункте 2) части первой статьи 876 настоящего Кодекса,
не могут отказаться давать показания как свидетели и потерпевшие, кроме показаний
по вопросам, связанным с исполнением ими служебных обязанностей. В случае отказа
консульских должностных лиц давать свидетельские показания к ним не могут быть
применены меры обеспечения по делу об административном правонарушении.
4. Лица, пользующиеся дипломатическим иммунитетом, не обязаны представлять
судье, органу (должностному лицу), рассматривающим дело об административном
правонарушении, корреспонденцию и другие документы, относящиеся к исполнению ими
служебных обязанностей.
Статья 879. Дипломатический иммунитет помещений и
документов
1. Резиденция главы дипломатического представительства, помещения, занимаемые
дипломатическим представительством, жилые помещения членов дипломатического
персонала и членов их семей, имущество, находящееся у них, и средства передвижения
являются неприкосновенными. Доступ в эти помещения, их осмотр, а также досмотр
средств передвижения могут производиться только с согласия главы дипломатического
представительства или лица, его заменяющего.
2. На основе взаимности иммунитет, предусмотренный частью первой настоящей
статьи, распространяется на жилые помещения, занимаемые сотрудниками обслуживающего
персонала дипломатического представительства и членами их семей, которые проживают
совместно с ними, если эти сотрудники и члены их семей не являются гражданами
Республики Казахстан.
3. Помещение, занимаемое консульством, и резиденция главы консульства
пользуются на основе взаимности неприкосновенностью. Доступ в эти помещения, их
осмотр могут иметь место только по просьбе или с согласия главы консульства или
дипломатического представительства соответствующего иностранного государства.
4. Архивы, официальная переписка и другие документы дипломатических
представительств и консульств являются неприкосновенными. Они не могут быть
подвергнуты осмотру и изъятию без согласия главы дипломатического
представительства, консульства. Дипломатическая почта не подлежит распечатыванию и
задержанию.
5. Согласие главы дипломатического представительства или консульства на
доступ в помещения, указанные частями первой, второй и третьей настоящей статьи,
производство в них осмотра, а также на осмотр и выемку документов, указанных в
части четвертой настоящей статьи, запрашивается прокурором через Министерство
иностранных дел Республики Казахстан.
6. В случае получения просьбы или согласия главы дипломатического
представительства или консульства на доступ в помещения, производство в них
осмотра, а также осмотр и выемка документов, указанных в части четвертой настоящей
статьи, проводятся в присутствии прокурора и представителя Министерства иностранных
дел Республики Казахстан.
Глава 50. ВЗАИМОДЕЙСТВИЕ ОРГАНОВ, ОСУЩЕСТВЛЯЮЩИХ ПРОИЗВОДСТВО
ПО ДЕЛАМ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ, С КОМПЕТЕНТНЫМИ
УЧРЕЖДЕНИЯМИ И ДОЛЖНОСТНЫМИ ЛИЦАМИ ИНОСТРАННЫХ ГОСУДАРСТВ
ПО ДЕЛАМ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ
Статья 880. Общие условия оказания правовой помощи по
делам об административных правонарушениях
1. В порядке оказания правовой помощи судам, органам (должностным лицам)
иностранных государств, с которыми Республикой Казахстан заключен международный
договор о правовой помощи, либо на основе взаимности могут быть проведены действия,
предусмотренные настоящим Кодексом, а также и иные действия, предусмотренные
другими законами и международными договорами Республики Казахстан.
2. В случае, если положения международного договора, ратифицированного
Республикой Казахстан, противоречат настоящему Кодексу, применяются положения
международного договора.
3. Расходы, связанные с оказанием правовой помощи, несет запрашиваемое
учреждение на территории своего государства, если иное не предусмотрено
международным договором Республики Казахстан.
Статья 881. Направление запросов о предоставлении
информации и документов и поручений о
проведении отдельных процессуальных действий
1. Запросы о предоставлении информации и документов, поручения о проведении
отдельных процессуальных действий могут направляться между судами, органами
(должностными лицами) в случаях, предусмотренных международными договорами,
ратифицированными Республикой Казахстан.
2. В случаях, когда невозможно определить, в какой суд, орган нужно направить
запрос о предоставлении информации и документов, поручение о проведении отдельных
процессуальных действий, они направляются в центральный орган запрашиваемой
Стороны.
3. Запрос о предоставлении информации и документов, поручение о проведении
отдельных процессуальных действий оформляются в письменной форме на бланке органа и
должны содержать:
1) наименование запрашиваемого органа соответствующей Стороны;
2) наименование запрашивающего органа соответствующей Стороны;
3) подробное описание правонарушения и иных относящихся к нему фактов, данные
о стоимости товаров, о размере ущерба, юридическую квалификацию деяния в
соответствии с законодательством запрашивающей Стороны с приложением текста
применяемого закона;
4) имена, отчества (при их наличии) и фамилии лиц, в отношении которых
ведется производство по делу об административном правонарушении, свидетелей, их
место жительства или место пребывания, гражданство, род занятия, место и дату
рождения, для юридических лиц – их полное наименование и место нахождения (если о
перечисленных сведениях имеется информация);
5) в поручении о вручении документа должны быть также указаны точный адрес
получателя и наименование вручаемого документа;
6) перечень сведений и действий, подлежащих представлению либо исполнению
(для производства опроса необходимо указать, какие обстоятельства должны быть
выяснены и уточнены, а также последовательность и формулировку вопросов, которые
должны быть поставлены опрашиваемому).
4. Запрос о предоставлении информации и документов, поручение о проведении
отдельных процессуальных действий могут также содержать:
1) указание срока исполнения требуемых мероприятий;
2) ходатайство о проведении указанных в запросе мероприятий в определенном
порядке;
3) ходатайство о предоставлении возможности представителям органов
запрашивающей Стороны присутствовать при выполнении указанных в запросе
мероприятий, а также, если это не противоречит законодательству Сторон, участвовать
в их выполнении;
4) иные ходатайства, связанные с выполнением запроса, поручения.
5. Запрос о предоставлении информации и документов, поручение о проведении
отдельных процессуальных действий подписываются руководителем запрашивающего органа
или его заместителем. К запросу, поручению должны быть приложены имеющиеся копии
документов, на которые имеются ссылки в тексте запроса, поручения, копии иных
документов, необходимых для их надлежащего исполнения.
6. Органы Сторон могут отправлять процессуальные документы по почте
непосредственно участникам производства по делам об административных
правонарушениях, находящимся на территории другой Стороны.
7. Допускается направление повторного запроса о предоставлении информации и
документов, поручения о проведении отдельных процессуальных действий по делам об
административных правонарушениях при необходимости получения дополнительных
сведений, уточнения информации, полученной в рамках исполнения предыдущего запроса
или поручения.
Статья 882. Порядок исполнения запросов о предоставлении
информации и документов и поручений о
проведении отдельных процессуальных действий
1. Суд, орган (должностное лицо) исполняют переданные им в установленном
порядке поручения соответствующих учреждений и должностных лиц иностранных
государств о производстве процессуальных действий по общим правилам настоящего
Кодекса.
2. При исполнении поручения могут быть применены процессуальные нормы
иностранного государства, если это предусмотрено международным договором Республики
Казахстан с этим государством.
3. В случаях, предусмотренных международным договором, при исполнении
поручения может присутствовать представитель компетентного учреждения другого
государства.
4. Если запрос (поручение) не может быть исполнено, полученные документы
возвращаются иностранному учреждению, от которого исходило поручение, с указанием
причин, воспрепятствовавших его исполнению. Поручение возвращается, если его
исполнение может нанести ущерб суверенитету или безопасности либо противоречит
законодательству Республики Казахстан.
РАЗДЕЛ 5. ИСПОЛНЕНИЕ ПОСТАНОВЛЕНИЙ О НАЛОЖЕНИИ
АДМИНИСТРАТИВНЫХ ВЗЫСКАНИЙ
Глава 51. ОСНОВНЫЕ ПОЛОЖЕНИЯ Статья 883. Вступление постановления по делу об
административном правонарушении в законную
силу
Постановление по делу об административном правонарушении вступает в законную
силу:
1) после истечения срока, установленного для обжалования постановления по
делу об административном правонарушении, если оно не было обжаловано или
опротестовано;
2) немедленно после вынесения постановления по жалобе, протесту, а также
вынесения постановления в случае, предусмотренном статьей 839 настоящего Кодекса;
3) немедленно в случае, предусмотренном частью второй статьи 811 настоящего
Кодекса.
Статья 884. Обязательность постановления о наложении
административного взыскания
1. Постановление о наложении административного взыскания обязательно для
исполнения всеми государственными органами, органами местного самоуправления,
должностными лицами, физическими лицами и их объединениями, юридическими лицами.
2. Постановление о наложении административного взыскания подлежит исполнению
с момента вступления его в законную силу.
3. Постановление о наложении административного взыскания в виде лишения
специального права и административного ареста подлежит исполнению с момента его
вынесения.
Статья 885. Обращение постановления к исполнению
Обращение постановления о наложении административного взыскания к исполнению
возлагается на судью, орган (должностное лицо), вынесшие постановление.
Постановление направляется органу (должностному лицу), уполномоченному приводить
его в исполнение, в течение суток со дня вступления его в законную силу.
Постановление о наложении административного взыскания в виде лишения специального
права направляется органам, уполномоченным приводить его в исполнение, немедленно
после его вынесения.
Статья 886. Приведение в исполнение постановления о
наложении административного взыскания
1. Постановление о наложении административного взыскания приводится в
исполнение уполномоченными на то органами в порядке, установленном настоящим
Кодексом.
2. В случае вынесения нескольких постановлений о наложении административных
взысканий в отношении одного лица каждое постановление приводится в исполнение
самостоятельно.
3. Уклонение лица от административного взыскания влечет исполнение этого
взыскания в принудительном порядке в соответствии с законодательством.
Статья 887. Разрешение вопросов, связанных с исполнением
постановления о наложении административного
взыскания
1. На орган (должностное лицо), вынесший постановление о наложении
административного взыскания, возлагаются разрешение вопросов, связанных с
исполнением этого постановления, и контроль за его исполнением.
2. Вопросы об отсрочке, рассрочке, приостановлении или прекращении исполнения
постановления о наложении административного взыскания, а также о взыскании штрафа,
наложенного на несовершеннолетнее лицо, с его родителей или лиц, их заменяющих,
рассматриваются судьей, органом (должностным лицом), вынесшим постановление, в
трехдневный срок со дня возникновения основания для разрешения соответствующего
вопроса.
3. Лица, заинтересованные в разрешении вопросов, указанных в части второй
настоящей статьи, извещаются о месте и времени их рассмотрения. При этом неявка
заинтересованных лиц без уважительных причин не является препятствием для
разрешения соответствующих вопросов. При рассмотрении вопроса об уклонении от
отбывания административного ареста присутствие лица, подвергнутого
административному аресту, является обязательным.
4. Решение по вопросам, указанным в части второй настоящей статьи,
принимается в виде постановления.
5. Копия постановления немедленно вручается физическому лицу или
представителю юридического лица, в отношении которого оно вынесено, а также
потерпевшему по его просьбе под расписку. В случае отсутствия указанных лиц копия
постановления высылается в течение трех дней со дня его вынесения, о чем
производится соответствующая запись в деле.
Статья 888. Отсрочка и рассрочка исполнения постановления
о наложении административного взыскания
При наличии обстоятельств, делающих исполнение постановления о наложении
административного взыскания в виде административного ареста, лишения специального
права или штрафа (за исключением взыскания штрафа на месте совершения
административного правонарушения) невозможным в установленные законом сроки, судья,
орган (должностное лицо), вынесшие постановление, могут по заявлению лица, в
отношении которого вынесено постановление, отсрочить исполнение постановления на
срок до одного месяца. С учетом материального положения лица, привлеченного к
административной ответственности, уплата штрафа может быть рассрочена судьей,
органом (должностным лицом), вынесшими постановление, на срок до трех месяцев.
При наличии вступившего в законную силу решения суда о проведении
реструктуризации банка второго уровня и (или) организации, входящей в банковский
конгломерат в качестве родительской организации и не являющейся банком второго
уровня, по их заявлению постановление о наложении административного взыскания может
быть отсрочено судьей, органом (должностным лицом), вынесшими постановление, до
вступления в законную силу решения суда о прекращении реструктуризации банка
второго уровня и (или) организации, входящей в банковский конгломерат в качестве
родительской организации и не являющейся банком второго уровня.
Статья 889. Освобождение от исполнения административного
взыскания
Судья, орган (должностное лицо), вынесшие постановление о наложении
административного взыскания, прекращают исполнение постановления и освобождают от
административного взыскания в случаях:
1) отмены закона или отдельных его положений, устанавливающих
административную ответственность;
2) предусмотренных частью второй статьи 8 настоящего Кодекса;
3) смерти лица, привлеченного к административной ответственности, или
объявления его в установленном законом порядке умершим;
4) истечения срока давности исполнения постановления о наложении
административного взыскания, установленного статьей 890 настоящего Кодекса;
5) предусмотренных законодательным актом Республики Казахстан о введении в
действие Кодекса Республики Казахстан от 10 декабря 2008 года «О налогах и других
обязательных платежах в бюджет» (Налоговый кодекс).
Статья 890. Давность исполнения постановления о наложении
административного взыскания
1. Постановление о наложении административного взыскания не подлежит
исполнению, если оно не было приведено в исполнение в течение года со дня его
вступления в законную силу, а за правонарушения в области налогообложения
и антимонопольного законодательства Республики Казахстан в течение пяти лет со дня
вступления его в законную силу.
2. В случае приостановления исполнения постановления в соответствии
со статьей 834 настоящего Кодекса течение давностного срока приостанавливается до
рассмотрения жалобы или протеста.
3. Течение срока давности, предусмотренного в части первой настоящей статьи,
прерывается, если лицо, привлеченное к административной ответственности, уклоняется
от его исполнения. Исчисление срока давности в этом случае возобновляется со дня
обнаружения этого лица.
4. В случае отсрочки исполнения постановления в соответствии со статьей 888
настоящего Кодекса течение давностного срока приостанавливается до истечения срока
отсрочки, а при рассрочке исполнения постановления течение срока давности
продлевается на срок рассрочки.
Статья 891. Окончание производства по исполнению
постановления о наложении административного
взыскания
1. Постановление о наложении административного взыскания, по которому
взыскание произведено полностью, с отметкой о произведенном взыскании возвращается
органом, исполнившим постановление, судье, органу (должностному лицу), вынесшим
постановление.
2. Постановление о наложении административного взыскания, по которому не
производилось исполнение или исполнение произведено не полностью, возвращается
органу (должностному лицу), вынесшему постановление, составившему протокол об
административном правонарушении, в случаях и порядке, предусмотренных Законом
Республики Казахстан «Об исполнительном производстве и статусе судебных
исполнителей».
Глава 52. ПОРЯДОК ИСПОЛНЕНИЯ ОТДЕЛЬНЫХ ВИДОВ
АДМИНИСТРАТИВНЫХ ВЗЫСКАНИЙ
Статья 892. Исполнение постановления о вынесении
предупреждения
Постановление о наложении административного взыскания в виде предупреждения
исполняется судьей, органом (должностным лицом), вынесшими постановление, путем
вручения или направления копии постановления в соответствии со статьей 823
настоящего Кодекса.
Статья 893. Добровольное исполнение постановления о
наложении штрафа
1. Штраф подлежит уплате лицом, привлеченным к административной
ответственности, не позднее тридцати суток со дня вступления постановления в
законную силу.
В случае отсрочки, предусмотренной статьей 888 настоящего Кодекса, штраф
подлежит уплате лицом, привлеченным к административной ответственности, со дня
истечения срока отсрочки.
2. Штраф, наложенный за совершение административного правонарушения, вносится
физическим лицом или перечисляется юридическим лицом в государственный бюджет в
установленном порядке, с последующим уведомлением в письменной форме судьи или
органа (должностного лица), вынесшего постановление о наложении штрафа, выдавшего
предписание о необходимости уплаты штрафа.
Статья 894. Принудительное исполнение постановления о
наложении штрафа на физическое лицо,
индивидуального предпринимателя, частного
нотариуса, частного судебного исполнителя и
адвоката
1. Постановление о наложении штрафа направляется судом, уполномоченным
органом (должностным лицом) администрации организации, где лицо, привлеченное к
ответственности, работает либо получает вознаграждение, пенсию, стипендию, для
удержания суммы штрафа в принудительном порядке из его заработной платы или иных
доходов. Удержание штрафа производится в срок, не превышающий шести месяцев.
Очередность взыскания штрафа производится в порядке, предусмотренном Гражданским
кодексом Республики Казахстан.
2. В случаях увольнения лица, привлеченного к ответственности, с работы либо
невозможности взыскания штрафа из его заработной платы или иных доходов
администрация организации в десятидневный срок со дня увольнения или наступления
события, влекущего невозможность взыскания, возвращает постановление о наложении
штрафа, предписание о необходимости уплаты штрафа суду, органу (должностному лицу),
вынесшим постановление, с указанием нового места работы лица, привлеченного к
ответственности (если оно известно), причин невозможности взыскания, а также с
отметкой о произведенных удержаниях (если таковые производились).
3. Если физическое лицо, подвергнутое штрафу, не работает или взыскание
штрафа из заработной платы или иных доходов невозможно по другим причинам,
постановление о наложении штрафа, предписание о необходимости уплаты штрафа
направляются судом, уполномоченным органом, вынесшими постановление, судебному
исполнителю для принудительного исполнения в порядке, предусмотренном
законодательством Республики Казахстан.
4. Постановление о наложении штрафа по административным правонарушениям,
рассматриваемым органами государственных доходов, а также по иным административным
правонарушениям в области налогообложения в отношении индивидуальных
предпринимателей, частных нотариусов, частных судебных исполнителей и адвокатов
исполняется органами государственных доходов в порядке, установленном налоговым
законодательством Республики Казахстан.
Сноска. Статья 894 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 895. Принудительное исполнение постановления о
наложении штрафа на юридическое лицо
1. Постановление о наложении штрафа направляется судом, уполномоченным
органом (должностным лицом) судебному исполнителю для изъятия денег с банковского
счета юридического лица без его согласия в порядке, установленном
гражданским законодательством Республики Казахстан, законодательством Республики
Казахстан о платежах и переводах денег об исполнительном производстве и статусе
судебных исполнителей.
Постановление о наложении штрафа по административным правонарушениям,
рассматриваемым органами государственных доходов, а также по иным административным
правонарушениям в области налогообложения исполняется органами государственных
доходов в порядке, установленном налоговым законодательством Республики Казахстан.
2. Банк или организация, осуществляющая иные виды банковских операций,
обязаны перечислить сумму штрафа в бюджет в установленном порядке.
3. В случае отсутствия денег на счетах юридического лица судебный исполнитель
обращает взыскание на другое принадлежащее должнику имущество в соответствии
с законами Республики Казахстан.
Сноска. Статья 895 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 896. Порядок направления постановления о наложении
штрафа на принудительное исполнение
1. Постановление о наложении штрафа или предписание о необходимости уплаты
штрафа направляется судебным исполнителям в течение десяти дней после истечения
срока добровольного исполнения постановления о наложении штрафа.
При направлении судебному исполнителю постановления о наложении штрафа или
предписания о необходимости уплаты штрафа к нему прилагаются сведения о
непоступлении суммы штрафа в доход государства.
2. Постановление о наложении штрафа, предписание о необходимости уплаты
штрафа, направленные на принудительное исполнение с нарушением требований
настоящего Кодекса, подлежат возвращению в государственный орган, наложивший
административное взыскание.
3. Возвращение постановления о наложении штрафа, предписания о необходимости
уплаты штрафа органу, наложившему административное взыскание, не является
препятствием для повторного направления их на принудительное исполнение с
устраненными недостатками.
Статья 897. Порядок исполнения отдельных видов
административных взысканий
1. Лицо, признавшее факт совершения правонарушения и согласное с уплатой
штрафа, на основании полученных уведомления и (или) извещения о явке в орган
государственных доходов, направленных (врученных) органом государственных доходов в
соответствии с законодательством Республики Казахстан, уплачивает штраф в течение
десяти суток со дня, следующего за днем получения (вручения) уведомления или
извещения.
2. Документы, указанные в части первой настоящей статьи, также содержат
сведения о дате выдачи, должности, фамилии, инициалах должностного лица,
наложившего взыскание, сведения о лице, привлекаемом к административной
ответственности, статье настоящего Кодекса, предусматривающей ответственность за
данное правонарушение, времени и месте совершения административного правонарушения,
сумме административного штрафа, реквизитах для уплаты штрафа.
3. В случае неисполнения требования, установленного частью первой настоящей
статьи, производство по делу об административном правонарушении осуществляется в
порядке, предусмотренном настоящим Кодексом.
Сноска. Статья 897 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 898. Окончание производства по исполнению
постановления о наложении штрафа
Постановление о наложении штрафа, по которому взыскание штрафа произведено
полностью, с отметкой об исполнении возвращается органу (должностному лицу),
вынесшему постановление.
Статья 899. Исполнение постановления о конфискации
предмета, явившегося орудием либо предметом
совершения административного правонарушения,
а равно имущества, полученного вследствие
совершения административного правонарушения
1. Постановление судьи о конфискации предмета, явившегося орудием либо
предметом совершения административного правонарушения, а также имущества, в том
числе доходов (дивидендов), денег и ценных бумаг, полученных вследствие совершения
административного правонарушения, исполняется в порядке,
предусмотренном законодательством, судебным исполнителем, а о конфискации оружия,
боевых припасов, специальных технических средств для проведения специальных
оперативно-розыскных мероприятий и криптографических средств защиты информации и
наркотических средств – органом внутренних дел.
2. Реализация или дальнейшее использование конфискованного предмета,
явившегося орудием либо предметом совершения административного правонарушения,
производится в порядке, установленном Правительством Республики Казахстан.
Статья 900. Органы, исполняющие постановление о лишении
специального права
1. Постановление судьи о лишении права управления транспортными средствами,
за исключением тракторов, самоходных машин и других видов техники, исполняется
должностными лицами органов внутренних дел.
2. Постановление судьи о лишении права управления трактором, самоходной
машиной или другими видами техники исполняется должностными лицами органов,
осуществляющих государственный надзор за техническим состоянием самоходных машин и
других видов техники.
3. Постановление судьи о лишении права управления судами, в том числе
маломерными, исполняется должностными лицами органов, осуществляющих
государственный надзор за соблюдением правил пользования судами, в том числе
маломерными.
4. Постановление судьи о лишении права на эксплуатацию радиоэлектронных и
высокочастотных средств исполняется должностными лицами органов, осуществляющих
государственный надзор за связью.
5. Постановление судьи о лишении права охоты исполняется должностными лицами
органов, осуществляющих государственный надзор за соблюдением правил охоты.
6. Постановление суда о лишении права ношения и хранения оружия исполняется
должностными лицами органов внутренних дел.
Статья 901. Порядок исполнения постановления о лишении
специального права
1. Исполнение постановления о лишении права управления транспортными
средствами, судами или иными видами техники производится путем изъятия
соответственно водительского удостоверения, удостоверения на право управления
судами, в том числе маломерными, или удостоверения тракториста-машиниста
(тракториста), если водитель, судоводитель или тракторист-машинист (тракторист)
лишены права управления всеми видами транспортных средств, судов (в том числе
маломерных) и другой техники.
2. Если водитель, судоводитель или тракторист-машинист (тракторист) лишены
права управления не всеми видами транспортных средств, судов, в том числе
маломерных, или иной техники, то в водительском удостоверении, удостоверении на
право управления маломерным судном или в удостоверении тракториста-машиниста
(тракториста) отмечается, какими видами транспортных средств, маломерных судов,
самоходных устройств они лишены права управления.
3. Порядок изъятия удостоверения на право управления транспортными средствами
или судном устанавливается уполномоченным органом.
4. В случае уклонения водителя (судоводителя) или тракториста-машиниста
(тракториста), лишенных права управления транспортными средствами, судном либо
права управления трактором или иной самоходной машиной, от сдачи водительского
удостоверения, удостоверения на право управления судном или удостоверения
тракториста-машиниста (тракториста) органы внутренних дел, органы, осуществляющие
государственный надзор за соблюдением правил пользования судами, в том числе
маломерными, а также органы, осуществляющие государственный надзор за техническим
состоянием самоходных машин и других видов техники, производят изъятие
водительского удостоверения, удостоверения на право управления судном или
удостоверения тракториста-машиниста (тракториста) в установленном порядке.
5. По истечении срока лишения специального права лицу, подвергнутому данному
виду административного взыскания, изъятые документы возвращаются в установленном
порядке.
Статья 902. Порядок исполнения постановления о лишении
права охоты
1. Исполнение постановления о лишении права охоты производится путем изъятия
охотничьего билета.
2. В случае уклонения лица, лишенного права охоты, от сдачи охотничьего
билета изъятие охотничьего билета органами, осуществляющими государственный надзор
за соблюдением правил охоты, производится в установленном порядке.
Статья 903. Порядок исполнения постановления о лишении
права на эксплуатацию радиоэлектронных
средств или высокочастотных устройств
1. Исполнение постановления о лишении права на эксплуатацию радиоэлектронных
средств или высокочастотных устройств производится путем изъятия специального
разрешения на эксплуатацию радиоэлектронных средств или высокочастотных устройств.
2. В случае уклонения лица, лишенного права на эксплуатацию радиоэлектронных
средств или высокочастотных устройств, от сдачи специального разрешения на
эксплуатацию радиоэлектронных средств или высокочастотных устройств соответствующий
уполномоченный государственный орган производит изъятие специального разрешения на
эксплуатацию радиоэлектронных средств или высокочастотных устройств в установленном
порядке.
3. Порядок изъятия специального разрешения на эксплуатацию радиоэлектронных
средств или высокочастотных устройств устанавливается уполномоченным
государственным органом в области информатизации и связи.
Статья 904. Порядок исполнения постановления о лишении
права ношения и хранения оружия
Исполнение постановления о лишении права ношения и хранения оружия
производится путем изъятия органами внутренних дел соответствующего удостоверения и
оружия в порядке, предусмотренном законодательством.
Статья 905. Исполнение постановления о лишении разрешения
либо приостановлении его действия
Постановление о лишении физического лица, индивидуального предпринимателя или
юридического лица разрешения либо приостановлении его действия приводится в
исполнение в порядке, установленном настоящим Кодексом и законодательством о
разрешениях и уведомлениях.
Статья 906. Органы, исполняющие постановление о лишении
разрешения либо приостановлении его действия
Постановление о лишении физического лица, индивидуального предпринимателя или
юридического лица разрешения либо приостановлении его действия приводится в
исполнение должностными лицами органов, выдавших разрешение.
Статья 907. Порядок исполнения постановления о лишении
разрешения либо приостановлении его действия
1. Исполнение постановления о лишении физического лица, индивидуального
предпринимателя или юридического лица разрешения производится путем изъятия
разрешения и (или) исключения разрешения из государственного электронного реестра
разрешений и уведомлений.
2. В случае уклонения физического лица, индивидуального предпринимателя или
юридического лица от сдачи разрешения орган, выдавший разрешение, принимает
предусмотренные законодательством меры к изъятию разрешения и исключению разрешения
из государственного электронного реестра разрешений и уведомлений.
Статья 908. Исчисление сроков лишения разрешения либо
приостановления его действия
1. Срок лишения разрешения либо приостановления его действия исчисляется со
дня вступления постановления о лишении (приостановлении действия) разрешения в
законную силу.
2. По истечении срока лишения разрешения на определенный вид деятельности
лицо, подвергнутое данной мере административного взыскания, получает лицензию в
установленном законодательством порядке.
По истечении срока приостановления действия разрешения лицу, подвергнутому
данной мере административного взыскания, возвращается в установленном порядке
изъятое у него разрешение.
3. Действие разрешения приостанавливается со дня, указанного в постановлении
о наложении административного взыскания, и на срок, указанный в нем.
Статья 909. Исполнение постановления о приостановлении
либо запрещении деятельности
1. Постановление о наложении административного взыскания в виде
приостановления либо запрещения деятельности юридического лица или индивидуального
предпринимателя выносится судьей и подлежит исполнению незамедлительно по
вступлении решения в законную силу учредителем юридического лица или индивидуальным
предпринимателем.
2. В период приостановления деятельности юридического лица и индивидуального
предпринимателя приостанавливается их право пользоваться деньгами, находящимися на
их банковских счетах, за исключением выплат по возмещению вреда, причиненного жизни
и здоровью, взысканию алиментов, по оплате труда и компенсаций лицам, работающим по
трудовому договору, социальных отчислений, обязательных пенсионных взносов,
обязательных профессиональных пенсионных взносов, выплат налогов и других
обязательных платежей в бюджет, уплаты штрафов. В период приостановления
деятельности общественного объединения ему запрещается пользоваться средствами
массовой информации, вести агитацию и пропаганду, проводить митинги, демонстрации и
другие массовые мероприятия, принимать участие в выборах. Если в течение
установленного срока приостановления деятельности общественное объединение
устранило нарушение, то по истечении указанного в постановлении срока общественное
объединение возобновляет свою деятельность.
3. В случае неисполнения наложенного судьей административного взыскания в
виде приостановления либо запрещения деятельности учредителем (руководящим органом,
должностным лицом) юридического лица или индивидуальным предпринимателем
добровольно постановление приводится в исполнение в порядке исполнительного
производства уполномоченным органом.
Статья 910. Порядок исполнения постановления о
приостановлении либо запрещении деятельности
1. Уполномоченное должностное лицо приостанавливает частично или полностью
работу организаций, отдельных производств, запрещает эксплуатацию зданий,
сооружений, отдельных помещений, складов, электрических сетей, приборов отопления.
2. Орган, осуществляющий регистрацию юридических лиц, получив решение о
запрещении деятельности (ликвидации) юридического лица, проверяет соблюдение
порядка запрещения деятельности (ликвидации), предусмотренного законодательством, и
в течение десяти суток регистрирует прекращение деятельности юридического лица, о
чем извещается уполномоченный орган в области государственной статистики.
Статья 911. Исполнение постановления о принудительном
сносе строения
1. Постановление суда о принудительном сносе незаконно возводимого или
возведенного строения приводится в исполнение лицом, в отношении которого вынесено
это административное взыскание.
2. В случае неисполнения наложенного судом административного взыскания в виде
принудительного сноса незаконно возводимого или возведенного строения добровольно
постановление приводится в исполнение в порядке исполнительного производства
уполномоченным органом.
Статья 912. Расходы по выполнению постановления о
принудительном сносе строения
Принудительный снос незаконно возводимого или возведенного строения
осуществляется за счет нарушителя.
Статья 913. Исполнение постановления об административном
аресте
1. Постановление судьи об административном аресте приводится в исполнение
органами внутренних дел и органами военной полиции в порядке, установленном
законодательством Республики Казахстан.
2. Лица, подвергнутые административному аресту, содержатся под стражей в
местах, определяемых органами внутренних дел. При исполнении постановления об
административном аресте арестованные подвергаются личному досмотру.
Военнослужащие отбывают административный арест на гауптвахтах.
3. Отбывание административного ареста производится по правилам, установленным
законодательством Республики Казахстан.
Статья 914. Последствия уклонения от отбывания
административного ареста
Если лицо, подвергнутое административному аресту, самовольно оставляет место
его отбывания до истечения срока административного ареста, отбытый срок может быть
постановлением судьи полностью или частично не засчитан в срок административного
ареста. При этом судья вновь устанавливает начало срока отбывания административного
ареста.
Статья 915. Исполнение постановления в части возмещения
имущественного ущерба
Постановление по делу об административном правонарушении в части возмещения
имущественного ущерба, подлежащего взысканию в соответствии со статьей 59
настоящего Кодекса, приводится в исполнение в порядке, устанавливаемом
законодательством.
Статья 916. Исполнение постановления об административном
выдворении из Республики Казахстан
иностранцев и лиц без гражданства
1. Исполнение постановления об административном выдворении из Республики
Казахстан иностранцев или лиц без гражданства производится путем контролируемого
самостоятельного выезда выдворяемого лица из Республики Казахстан.
Расходы по выдворению несут выдворяемые незаконные иммигранты, физические или
юридические лица, пригласившие иммигранта в Республику Казахстан. В случаях
отсутствия либо недостаточности средств у названных лиц для покрытия расходов по
выдворению финансирование соответствующих мероприятий производится за счет
бюджетных средств.
В соответствии с международными договорами, ратифицированными Республикой
Казахстан, ответственной за вывоз с территории Республики Казахстан лиц, въехавших
без права въезда, является транспортная организация, доставившая данных лиц.
2. Лицо, не исполнившее решение суда о выдворении и не покинувшее территорию
Республики Казахстан в указанный в решении срок, подлежит по решению суда
выдворению в принудительном порядке.
3. Если передача выдворяемого лица представителю иностранного государства не
предусмотрена договором Республики Казахстан с указанным государством, выдворение
осуществляется в месте, определяемом Пограничной службой Комитета национальной
безопасности Республики Казахстан.
4. О выдворении иностранцев или лиц без гражданства из пункта пропуска через
Государственную границу Республики Казахстан уведомляются власти иностранного
государства, на (через) территорию которого указанное лицо выдворяется, если
выдворение предусмотрено договором Республики Казахстан с указанным государством.
5. Исполнение постановления об административном выдворении оформляется в виде
двухстороннего или одностороннего акта.
Статья 917. Органы, осуществляющие исполнение
постановления об административном выдворении
из Республики Казахстан иностранцев и лиц без
гражданства
Постановление об административном выдворении из Республики Казахстан
иностранцев или лиц без гражданства исполняется:
1) Пограничной службой Комитета национальной безопасности Республики
Казахстан при совершении правонарушений, предусмотренных статьями 513 (частью
второй), 514 (частью второй), 516 (частью второй), 517 (частями второй, четвертой,
шестой, седьмой) настоящего Кодекса;
2) органами внутренних дел при совершении правонарушений,
предусмотренных статьями 109, 449 (частью третьей), 490 (частями третьей,
седьмой), 495 (частью второй), 517 (частями второй, четвертой, пятой) настоящего
Кодекса.
Сноска. Статья 917 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Статья 918. Исполнение постановления о проверке знаний
правил дорожного движения
Постановление о проверке знаний правил дорожного движения приводится в
исполнение органами внутренних дел в порядке, установленном законодательством.
Глава 53. ЗАКЛЮЧИТЕЛЬНЫЕ ПОЛОЖЕНИЯ Статья 919. Порядок применения настоящего Кодекса
Вынесенные и не исполненные до введения в действие настоящего Кодекса
постановления по делу об административном правонарушении суда, органов (должностных
лиц), уполномоченных рассматривать дела об административных правонарушениях, с
целью приведения их в соответствие со статьей 5 настоящего Кодекса, устанавливающей
обратную силу закона об административных правонарушениях в случае, когда закон
смягчает или отменяет ответственность за административное правонарушение либо иным
образом улучшает положение лица, совершившего административное правонарушение,
подлежат пересмотру. Пересмотр ранее вынесенных постановлений производится судьей
суда, должностным лицом органа, вынесшего постановление по заявлению лица, в
отношении которого оно вынесено.
Статья 920. Порядок введения в действие настоящего
Кодекса
1. Признать утратившим силу со дня введения в действие настоящего Кодекса:
Кодекс Республики Казахстан об административных правонарушениях от 30 января
2001 года (Ведомости Парламента Республики Казахстан, 2001 г., № 5-6, ст. 24; № 17-
18, ст. 241; № 21-22, ст. 281; 2002 г., № 4, ст. 33; № 17, ст. 155; 2003 г., № 1-2,
ст. 3; № 4, ст. 25; № 5, ст. 30; № 11, ст. 56, 64, 68; № 14, ст. 109; № 15, ст.
122, 139; № 18, ст. 142; № 21-22, ст. 160; № 23, ст. 171; 2004 г., № 6, ст. 42; №
10, ст. 55; № 15, ст. 86; № 17, ст. 97; № 23, ст. 139, 140; № 24, ст. 153; 2005 г.,
№ 5, ст. 5; № 7-8, ст. 19; № 9, ст. 26; № 13, ст. 53; № 14, ст. 58; № 17-18, ст.
72; № 21-22, ст. 86, 87; № 23, ст. 104; 2006 г., № 1, ст. 5; № 2, ст. 19, 20; № 3,
ст. 22; № 5-6, ст. 31; № 8, ст. 45; № 10, ст. 52; № 11, ст. 55; № 12, ст. 72, 77; №
13, ст. 85, 86; № 15, ст. 92, 95; № 16, ст. 98, 102; № 23, ст. 141; 2007 г., № 1,
ст. 4; № 2, ст. 16, 18; № 3, ст. 20, 23; № 4, ст. 28, 33; № 5-6, ст. 40; № 9, ст.
67; № 10, ст. 69; № 12, ст. 88; № 13, ст. 99; № 15, ст. 106; № 16, ст. 131; № 17,
ст. 136, 139, 140; № 18, ст. 143, 144; № 19, ст. 146, 147; № 20, ст. 152; № 24, ст.
180; 2008 г., № 6-7, ст. 27; № 12, ст. 48, 51; № 13-14, ст. 54, 57, 58; № 15-16,
ст. 62; № 20, ст. 88; № 21, ст. 97; № 23, ст. 114; № 24, ст. 126, 128, 129; 2009
г., № 2-3, ст. 7, 21; № 9-10, ст. 47, 48; № 13-14, ст. 62, 63; № 15-16, ст. 70, 72,
73, 74, 75, 76; № 17, ст. 79, 80, 82; № 18, ст. 84, 86; № 19, ст. 88; № 23, ст. 97,
115, 117; № 24, ст. 121, 122, 125, 129, 130, 133, 134; 2010 г., № 1-2, ст. 1, 4, 5;
№ 5, ст. 23; № 7, ст. 28, 32; № 8, ст. 41; № 9, ст. 44; № 11, ст. 58; № 13, ст. 67;
№ 15, ст. 71; № 17-18, ст. 112, 114; № 20-21, ст. 119; № 22, ст. 128, 130; № 24,
ст. 146, 149; 2011 г., № 1, ст. 2, 3, 7, 9; № 2, ст. 19, 25, 26, 28; № 3, ст. 32; №
6, ст. 50; № 8, ст. 64; № 11, ст. 102; № 12, ст. 111; № 13, ст. 115, 116; № 14, ст.
117; № 16, ст. 128, 129; № 17, ст. 136; № 19, ст. 145; № 21, ст. 161; № 24, ст.
196; 2012 г., № 1, ст. 5; № 2, ст. 9, 11, 13, 14, 16; № 3, ст. 21, 22, 25, 26, 27;
№ 4, ст. 32; № 5, ст. 35, 36; № 8, ст. 64; № 10, ст. 77; № 12, ст. 84, 85; № 13,
ст. 91; № 14, ст. 92, 93, 94; № 15, ст. 97; № 20, ст. 121; № 23-24, ст. 125; 2013
г., № 1, ст. 2, 3; № 2, ст. 10, 11, 13; № 4, ст. 21; № 7, ст. 36; № 8, ст. 50; № 9,
ст. 51; № 10-11, ст. 54, 56; № 13, ст. 62, 63, 64; № 14, ст. 72, 74, 75; № 15, ст.
77, 78, 79, 81, 82; № 16, ст. 83; № 23-24, ст. 116; 2014 г., № 1, ст. 6, 9; № 2,
ст. 10, 11; № 3, ст. 21; № 4-5, ст. 24; № 7, ст. 37; № 8, ст. 44, 46, 49; Закон
Республики Казахстан от 10 июня 2014 года «О внесении изменений и дополнений в
некоторые законодательные акты Республики Казахстан по вопросам противодействия
легализации (отмыванию) доходов, полученных преступным путем, и финансированию
терроризма», опубликованный в газетах «Егемен Қазақстан» и «Казахстанская правда»
14 июня 2014 г.).
2. Настоящий Кодекс вводится в действие с 1 января 2015 года, за исключением
подпункта 8) части пятой статьи 281 и подпункта 6) части третьей статьи 282,
которые вводятся в действие с 1 января 2016 года.
Сноска. Статья 920 с изменениями, внесенными Законом РК от 29.12.2014 № 272-
V (вводится в действие 01.01.2015).
Президент
Республики Казахстан Н. НАЗАРБАЕВ
© 2012. РГП на ПХВ Республиканский центр правовой информации Министерства юстиции Республики
Казахстан