Article 62. Exemption from administrative liability due to the expiration of the statute of limitations of the Code of Administrative Offences of the Republic of Kazakhstan
1. A person is not subject to administrative liability after two months from the date of the commission of an administrative offense, except in cases provided for by this Code.
2. An individual is not subject to administrative liability for unlawful interference of officials in business activities, committing an administrative corruption offense, as well as offenses in the field of inspections of business entities, environmental protection, competition protection, violation of the legislation of the Republic of Kazakhstan on energy conservation and energy efficiency improvement, on state secrets, natural monopolies, subsoil and subsoil use, the procedure for organizing and holding peaceful assemblies, personal data and their protection, an electronic document and an electronic digital signature after one year from the date of the commission of an administrative offense, but may not be held administratively liable after two months from the date of the discovery of an administrative offense.
A legal entity (including an individual entrepreneur) is not subject to administrative liability for violation of the legislation of the Republic of Kazakhstan on personal data and their protection, on an electronic document and an electronic digital signature after one year from the date of the commission of an administrative offense, but cannot be brought to administrative responsibility after two months from the date of the discovery of an administrative offense. offenses.
A legal entity (including an individual entrepreneur) is not subject to administrative liability for violating the legislation of the Republic of Kazakhstan on energy conservation and energy efficiency improvement, on subsoil and subsoil use, the procedure for organizing and holding peaceful assemblies, in the field of environmental protection, as well as for violating compliance assessment procedures for technical regulation facilities after three years from the date of committing an administrative offense, however, it cannot be brought to administrative responsibility after two months from the date of detection of an administrative offense.
A legal entity (including an individual entrepreneur) is not subject to administrative liability for committing an administrative corruption offense, violation of the legislation of the Republic of Kazakhstan on natural monopolies, protection of competition after five years from the date of the commission of an administrative offense, but cannot be brought to administrative responsibility after two months from the date of detection of an administrative offense.
2-1. An individual is not subject to administrative liability for committing an offense in the field of taxation, pension provision, compulsory social insurance, compulsory social health insurance, or customs affairs after one year from the date of its commission.
Unless otherwise established by this article, a legal entity (including an individual entrepreneur) is not subject to administrative liability for offenses in the field of taxation and customs affairs after three years from the date of the offense.
A legal entity (including an individual entrepreneur) for which the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code) and the Code of the Republic of Kazakhstan "On Customs Regulation in the Republic of Kazakhstan" set a limitation period of five years is not subject to administrative liability for tax offenses, respectively. in the field of customs affairs – after five years from the date of the commission of the offense.
A legal entity (including an individual entrepreneur) is not subject to administrative liability for offenses in the field of pension provision, compulsory social insurance, or compulsory social health insurance after five years from the date of the offense.
3. In the case of a continuing administrative offense, as well as in the case of an administrative offense in the field of budgetary relations that encroaches on the legally protected interests of society and the state, the person is not subject to administrative liability after two months from the date of detection of the administrative offense.
In case of committing an administrative offense in the field of finance, in case of restoration of solvency, rehabilitation and bankruptcy, a person is subject to administrative liability no later than three years from the date of the commission of the administrative offense, but cannot be brought to administrative responsibility after two months from the date of the discovery of the administrative offense.
For the commission of an operation with money and (or) other property that entailed the legalization (laundering) of proceeds from crime, a legal entity is subject to administrative liability no later than three years from the date of the commission of an administrative offense.
4. The provisions of paragraphs one and three of this article shall not apply to cases where an administrative offence has contributed to the commission of a criminal offence and this has become known during the investigation or judicial review of a criminal case. The court has the right, in accordance with the procedure provided for in the first part of Article 405 of the Criminal Procedure Code of the Republic of Kazakhstan, to impose an administrative penalty on a person guilty of such an offense if no more than one year has passed since the commission of the administrative offense.
5. The term for imposing an administrative penalty for an administrative offense is suspended from the moment an expert examination is appointed, for the period of consideration of acts of prosecutorial supervision and response, the issuance of a ruling on the bringing of a person in respect of whom proceedings are underway, as well as sending the case to a court or an official of a state body authorized to consider cases of administrative offenses, as well as in the following cases: the actions of an irresistible force preventing its further production.
The calculation of these time limits is resumed from the moment the results of the examination are received, from the date of the decision on the act of prosecutorial supervision and response, as well as the actual delivery of the person being brought to administrative responsibility to the body (official) executing the definition of the drive, as well as the end of force majeure.
6. In case of termination of the criminal case, if there are signs of an administrative offense in the actions of the violator, the person may be brought to administrative responsibility no later than three months from the date of receipt of the decision to terminate it.
7. The term for imposing a penalty for an administrative offense is interrupted if, before the expiration of the terms specified in parts one and three of this article, the person commits a new administrative offense. The calculation of the time limit in these cases begins from the moment of the discovery of a new administrative offense.
8. The decision of a judge or an authorized body to terminate administrative proceedings, regardless of the time period provided for in part one of this Article, may be reviewed upon the proposal of the Chairman of the Supreme Court, the Chairman of the Judicial Board of the Supreme Court, or the protest of the prosecutor filed within one year from the date of its entry into force.
Notes.
1. An administrative offense is recognized as lasting, which is characterized by the continuous implementation of a single composition of a certain act provided for in the article of the Special Part of this section, and has not been completed by the time of its discovery.
2. Force majeure, which prevents further proceedings in the case, should be understood as extraordinary and unavoidable circumstances under these conditions (natural disasters, military operations, a state of emergency, etc.).
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
