The Code on Administrative Offences is ready for the first reading.

Posted: Admin Posted: 4 February 2014 09:09 Category: News of the Legislation of Kazakhstan Views: 897

Today, the Committee of Majilis on the legislation and the  law and legal reform has considered  the  draft  Code on Administrative Offences. This information was reported by the press-services of the RoK Majilis. Source: http://pravo.zakon.kz/4600868-kodeks-ob-administrativnykh.html

In the document, as it was noted by Zauresh Baymoldina, the vice-minister of the Justice: keeps basic provisions which were checked by time of the applicable Code on administrative offences and a structure with the division into the General and Special Part and Procedural Part. “Accompanying” bill provides for the introduction of amendments to 5 Codes (Budget, Civil, Procedural, On Customs and to the Penal Execution Code)  тas well as to 13 laws.

The project is aimed at the reforming the administrative law.

First. Humanizations concluded in often application of a notification as a type of administrative penalty, as well as reduction in the amount of penalties for small business enterprises and individuals;  

Second. Reduction of the workload of courts, that has been ensured due to revision of the courts competence, bodies (officials), authorized for consideration of cases on administrative offences.   

Namely, Jurisdiction of the authorized state bodies includes cases on the administrative offences. If a person commits such offences, an administrative penalty is charged on. 

Therefore, the jurisdiction has completely been changed according to 91 Article and partly on Article 52.  

Third. Modernization of the procedure of brining to administrative responsibility. One has introduces a reduced proceeding on a case on administrative offences, when a penalty is paid according to vouchers, which have been received by a person as attachment to a protocol on administrative offence (when a person is agreed with the evidence of an offence and recognizes his/her fault and is ready to voluntary pay the penalty and has not claims).

At that the reduced proceedings will provide for stimulating mechanism in the form of opportunity to pay 50 % of the total amount of a penalty within 7 days from the date of protocol issue, in case when a person does not agree with the evidence of an offence, and recognizes his/her fault and is ready to voluntary pay the penalty and has not claims).

The fixed amount of penalty is determined. All other type of fines remain as relatively determined schemes. The fines fixed amounts have been increasing since 2002 in the current code. For example,  in 2004 among 936 constituent elements of the Code, the fixed amount of fine was in 161 constituent elements (17%), and in 2013 among constituent elements 1383 the fixed amount of penalty has become 716, it is more than 50 %.

The norm which would allowed to a judge, body (official) to reduce an amount of an administrative fine when identifying alleviating circumstances up to 30 % of total amount will be introduced. This introduction will be entered into force in connection with that the current Code and the draft Code provides for a norm that makes possible alleviating of responsibility in case of alleviating circumstances   (Art. 60 of the current Code, Art. 53 of the draft Code).

In the draft Code one has extended the ground to revise the decrees entered into force on cases of administrative offence. On the current Code the ground to revise was an objection of the General Prosecutor in the Supreme Court and his deputies. Under the elaborating the draft Code, one suggested revising provisions based on complaint of a person brought to responsibility , a person suffered from them or his/her authorized representatives.  (Article 834  of the project).

One has introduced an institute of the revision of the decrees entered into force on cases on administrative offences  on the newly identified cases according to analogy of  CPC (Chapter 44) and CPK  (сart. 472). This will ensure opportunity of complete protection of the right of individual and legal persons by filing an application (Chapter 47 of the Draft). The grounds for revision of the Code provide for: significant circumstances, which were not known before by a person violated a law; false fats identified by the decision of the court, conclusion of an expert, recognition by the Constitution Council the law or any other regulatory act applied in this case on administrative violation of the law and etc as non - constitutional, etc.

The draft proposes to systemize administrative and procedural norms by exclusion of:

Chapter 26 of the Civil Procedural Code of the Republic of Kazakhstan and  transfer of its provisions to the Chapter 45 of the draft Code on the revision of decrees which were not entered into force on cases of administrative offences;

- a number of norms from Chapter 27 of the Civil Procedural Code of the Republic of Kazakhstan  and transfer it to independent Chapter  44  of the Draft Code on appealing  actions/omissions of the body/official, performing proceeding on the case on administrative offences. 

Every Article of the code was scrutinized by the working group members and coordinated with the relevant state bodies. The results entailed amendments to 760 Articles among 996 Article of the current Code.  

Arman Kozhakhmetov, a manager of the working group informed us that they have already received more than 350 proposals and comments. 

Source: NA ZAKON.KZ

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