Code of the Republic of Kazakhstan No. 235-V of July 5, 2014, on Administrative Offences (as amended up to Law No. 317-V of June 8, 2015), Kazakhstan

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