(ADMINISTRATIVE CODE OF RK FROM 30. 01. 2001)Administrative

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(ADMINISTRATIVE CODE OF RK FROM 30. 01. 2001)Administrative Punishments (ADMINISTRATIVE CODE OF RK FROM 30. 01. 2001)Administrative Punishments

OUTLINE General provisions Administrative offences Administrative responsibility The bodies, authorized to consider cases about administrative offencesOUTLINE General provisions Administrative offences Administrative responsibility The bodies, authorized to consider cases about administrative offences Enforcement of the imposition of an administrative penalty

General provisions “ Code of the RK about the Administrative offences” The basis of administrative responsibilityGeneral provisions “ Code of the RK about the Administrative offences” The basis of administrative responsibility is fulfillment of the act containing all signs of structure of an offence The law canceling or softening responsibility for an administrative offence, has a retroactive effect

  Legislation about    Administrative offence. RK legislation about administrative offence Foundation of Legislation about Administrative offence. RK legislation about administrative offence Foundation of administration responsibility Powers of local executive bodies Action of RK legislation about responsibility for administrative offence in space Action of RK legislation about responsibility for administrative offence in time

“ Tasks and principles of legislation about administrative offence “ Tasks of legislation about administrative offence“ Tasks and principles of legislation about administrative offence “ Tasks of legislation about administrative offence Meaning of legislation Principles about administrative offence Lawfulness Principle of guiltiness Humanism principle Inviolability to person Respect of honor and dignity of person Independence of Judges

Administrative responsibility: (section 2, chapter 4 of Code about Administrative Offences) The physical person who hasAdministrative responsibility: (section 2, chapter 4 of Code about Administrative Offences) The physical person who has reached up the time of fulfillment of an administrative offence of sixteen-year of age is a subject to administrative responsibility. Applied if person is not over drunk or deranged the official and other persons who are carrying out administrative functions, individual businessmen, private notaries and lawyers

Continuing Offence fixing by special technical means e. g. driving offence Responsibility of juridical person andContinuing Offence fixing by special technical means e. g. driving offence Responsibility of juridical person and foreigners through the general bases Responsibility of military man, public prosecutor, public body

Types of administrative penalty The prevention The administrative penalty withdrawal of the subject which has beenTypes of administrative penalty The prevention The administrative penalty withdrawal of the subject which has been the tool or a subject of fulfillment of an administrative offence; Deprivation of special right Deprivation of license, certificate. Administrative arrest Prohibition of activity of the individual businessman and etc.

Continuing Examination of rules of traffic Forced measures of medical character Administrative exclusion out of theContinuing Examination of rules of traffic Forced measures of medical character Administrative exclusion out of the Republic Kazakhstan of foreigners or persons without citizenship

Administrative offences Object of the Offence Objective side of the offence Subjective side of the offenceAdministrative offences Object of the Offence Objective side of the offence Subjective side of the offence

Deliberate and non deliberate offences Deliberate Age of 16 Mentally Healthy Non deliberate Mentally disordered Deliberate and non deliberate offences Deliberate Age of 16 Mentally Healthy Non deliberate Mentally disordered

Difference of Administrative law from other offences Doesn’t make significant harm to society Difference of Administrative law from other offences Doesn’t make significant harm to society

The bodies, authorized to consider cases about administrative offences: Responsible number of bodies to follow casesThe bodies, authorized to consider cases about administrative offences: Responsible number of bodies to follow cases of administrative offenses of all 52 Law-enforcement bodies (police) Bodies of transport control Bodies of jurisdiction Bodies of migration Customs control Bodies of Ministry of Defense Antimonopoly comity Bodies of Tax Control and etc…

Chapter 31. Main provisions. Article 538.  Cases on administrative violations, consider:  1) judges ofChapter 31. Main provisions. Article 538. Cases on administrative violations, consider: 1) judges of specialized administrative courts; 1 -1) inter-judge specialized juvenile courts; 2) Officials of state bodies authorized by this Code.

Enforcement of the imposition of an administrative penalty  Clearing of official penalty execution works when:Enforcement of the imposition of an administrative penalty Clearing of official penalty execution works when: 1. Law cancellation 2. Have become invalid for not corresponding with Constitution of RK 3. Death of the person involved in administrative responsibility 4. The expirations of limitation periods of execution of the decision about imposing of the official penalty

Voluntary execution of the decision about penalty imposing The penalty should be paid within 30 daysVoluntary execution of the decision about penalty imposing The penalty should be paid within 30 days not later, from the date of the introduction of the decision about imposing of the administrative penalty in validity

The circumstances softening responsibility for an administrative offence Repentance of the guilty; voluntary compensation of aThe circumstances softening responsibility for an administrative offence Repentance of the guilty; voluntary compensation of a damage or elimination of the caused harm; Fulfillment of an administrative offence by the minor; administrative offence by the pregnant woman or the woman having the child is elderly till three years; offence as a result of physical or mental compulsion;

 Term during which the person is considered subjected to the official penalty:  the Person Term during which the person is considered subjected to the official penalty: the Person on whom the official penalty for an administrative offence is imposed, is considered subjected to the given penalty within a year from the date of the termination of execution of the decision about official penalty imposing.




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