Information brochure on the basic provisions of the draft Law of the Republic of Kazakhstan "On amendments and additions to the Code of the Republic of Kazakhstan on Administrative Offences"

Code of the Republic of Kazakhstan on Administrative Offences (hereinafter - the CAO) has an important as the law enforcement and human rights function. On the one hand, the Administrative Code is the primary tool to protect public order and public security, which allows the state to respond quickly to the offense, much less significant in the degree of public danger than criminal offenses. On the other hand, the Administrative Code allows deter illegal actions of state bodies, to protect the legal rights, freedoms and interests of individuals and legal entities by contesting the actions and decisions of public authorities in the implementation of proceedings on administrative violations. Entered into force on 1 January 2015 of the Administrative Code, in our opinion, is fully consistent with the above objectives, as well as its requirements. In pursuance of orders of the President NA Nazarbayev is currently in the framework of the working group established by the Ministry of Justice in cooperation with public authorities worked to improve the efficiency of the administrative offenses legislation. As a result of this work will be prepared a bill aimed at addressing certain issues arising in law enforcement, and improve the administrative and tort law. The bill is planned to achieve the following objectives: further humanization of administrative and tort law; systematization of administrative and procedural rules; improvement of certain legal and administrative proceedings and institutions.

The bill is planned to achieve the following objectives: further humanization of administrative and tort law; systematization of administrative and procedural rules; improvement of certain legal and administrative proceedings and institutions.

The implementation of these objectives in the bill will be held by: expanding the scope of the institute production cuts (administrative law, fixed by special technical means operating in automatic mode, to extend the list of entities subject to the reduced production; when the sanction article provides punishment in the form along with a fine prevention); application of the rule that allows the judge, body (official) in determining mitigating circumstances, to reduce the amount of an administrative fine of up to 30% of the total amount in respect of legal persons, including; reduction of administrative fines, as well as the study on the introduction of a temporary moratorium on the establishment of new or strengthening of existing penalties; revision of administrative sanctions of individual types of formulations penalty in favor of humanization; regulations concerning the early resumption of the permit and (or) of the annex to resolution while eliminating violations giving rise to the suspension; considering the introduction of the duty of judges under the administrative and tort legislation similar to the Code of Criminal Procedure; expanding the circle of persons entitled to initiate a review on appeal acts similar to the Code of Civil Procedure and the Criminal Procedure Code, with the provision of the right to direct complaints to administrative liability, the victim or their legal representatives; the introduction of a mandatory procedure for challenging decisions in cases of administrative offenses in the higher authorized body, thus eliminating the right alternative to file a complaint in court, while ordering the review mechanism does not come into legal force resolutions on administrative violation cases to authorities; improving the procedures of the cases on administrative offenses recorded by technical means and instruments, including those working in the automatic mode; elimination of legal gaps and conflicts that require a legislative solution by making appropriate amendments to the Administrative Code.

September 1, 2016 at the opening of the second session of Kazakhstan Parliament of the sixth convocation of the Head of State noted that "it is necessary to expand the scope of the legislative process. It is necessary to involve him in the preparation of projects of public experts, representatives of non-parliamentary parties, NGOs and media. It is necessary to make active use of the experience of OECD countries to advance public awareness and public discussion of the necessary legal innovations. All the heads of state bodies involved in the legislative process should be to inform the public on a regular basis about planned legislative initiatives. "

Ministry of Justice of the Republic of Kazakhstan, as the developer of the bill organu- important to know what are the problems encountered in the enforcement of the Code of Administrative Offences of citizens and legal entities. For the purposes of advocacy on the basic provisions of the draft Law of the Republic of Kazakhstan "On amendments and additions to the Code of the Republic of Kazakhstan on Administrative Offences", the receipt of proposals on the draft law, provide feedback to the community and the public, as well as the involvement of a wide range of people in the process of discussion explored by the amendments, the Ministry of Justice of the Republic of Kazakhstan created official accounts on internet social networking resources. Starting with the month of June of this year Institute of Legislation of the Republic of Kazakhstan as a data administrator of Internet accounts is working on collecting, analyzing and summarizing the proposals received from the general public. The ongoing work of the Ministry of Justice not only meets the requirements of the Head of State, but also corresponds to the provisions of the Law "On Legal Acts" on public discussion of draft laws. This makes it possible for citizens, the media and any interested persons to participate in the discussion of specific provisions and regulations of this or that project RLA. We invite all interested persons to participate actively in the discussion of the draft law provisions.

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