Payment of an administrative fine of 50%

03.06.2014

Today, the Committee on Constitutional Legislation, Judicial System and Law Enforcement Bodies of the Senate of the Parliament of the Republic of Kazakhstan considered in the first reading the draft Code of the Republic of Kazakhstan on Administrative Offenses.

The draft Code of Administrative Offenses in the new edition is aimed at a significant reform of the legislation on administrative offenses, the exclusion of norms that contribute to the commission of corruption offenses, a clearer definition of administrative and legal torts and a differentiated procedure for bringing to administrative responsibility.

In order to provide a stimulating effect on the frequency of receipt of fines for administrative offenses to the state budget, as well as to increase the efficiency of proceedings in cases of administrative offenses, the draft code establishes a new procedure for reduced proceedings in cases of administrative offenses, according to which the right to pay a fine in the amount of fifty percent is introduced. from the specified amount of the fine within seven days (Article 811).

The project introduces the institution of revision of decisions that have entered into force on cases of administrative offenses and definitions based on the results of consideration of complaints, protests against them due to newly discovered circumstances, thereby making it possible to protect the rights of individuals and legal entities by filing an application.

The document provides for an absolutely certain amount of the fine, which will eliminate the corruption factor when imposing an administrative penalty.

Also, the Committee considered in the first reading the draft Law of the Republic of Kazakhstan “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Legislation on Administrative Offenses”.

In order to avoid conflicts, contradictions and gaps, the document amends the Codes of Civil Procedure, On Customs in the Republic of Kazakhstan, On Marriage (Matrimony) and Family, as well as a number of laws.

In addition, the Committee considered in the second reading the draft Criminal Executive Code of the Republic of Kazakhstan.

The document is aimed at further improvement of the penitentiary legislation in order to significantly increase the level of protection of the rights and legitimate interests of convicts and increase the efficiency of the execution of criminal penalties.

In order to stimulate the law-abiding behavior of the convict, it is proposed to determine his degree of behavior during the execution of the sentence, which will allow a more differentiated approach to the conditions of serving the sentence.

The adoption of the code will create conditions for a wider application of punishments not related to deprivation of liberty, reduce the level of penitentiary and post-penitentiary recidivism, social adaptation of convicts, and also form a mechanism for public participation in the educational process conducted with convicts.

The Committee also considered the draft Criminal Code of the Republic of Kazakhstan (second reading).

During the discussion of the bill, taking into account the comments and proposals of the committees, it became necessary to make changes and additions to the bill approved by the Mazhilis. The Draft Code is supplemented by Articles 229 and 230, set out in accordance with the adopted Law of the Republic of Kazakhstan “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Issues of Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism”. Corresponding amendments are made throughout the text of the draft under consideration to the reference norms in connection with the addition of two new articles. In accordance with the humanization of the criminal legislation, some parts are excluded from Article 403 with subsequent consolidation in the draft Code of the Republic of Kazakhstan on administrative offenses as a type of administrative offense. In order to humanize criminal legislation, confiscation of property as a form of additional punishment is excluded from the sanctions of 45 articles.

Also at the meeting of the Committee, the draft Law of the Republic of Kazakhstan “On amendments and additions to certain legislative acts of the Republic of Kazakhstan on the improvement of criminal legislation” was considered.

During the discussion of the bill, taking into account the comments and proposals of the committees, it was proposed to make changes and additions to the bill approved by the Mazhilis.

The document is supplemented by amendments to nine laws, such as the Law of the Republic of Kazakhstan “On the National Bank of the Republic of Kazakhstan”, “On the National Security Bodies of the Republic of Kazakhstan”, “On Housing Relations”, “On Public Procurement” and others. An amendment is being made to the wording of Article 26 of the Labor Code of the Republic of Kazakhstan in order to establish a ban on working with children for persons convicted of extremist and terrorist crimes, as well as for persons against whom criminal prosecution for committing crimes against minors was terminated on non-rehabilitating grounds.

The documents were submitted to the Chamber for consideration.