Article 787. Administrative detention of the Code of the Republic of Kazakhstan On Administrative Offences

Home / RLA / Article 787. Administrative detention of the Code of the Republic of Kazakhstan On Administrative Offences

 Administrative detention, that is, a short-term restriction of the personal freedom of an individual, a representative of a legal entity, or an official in order to prevent an offense or ensure proceedings, may be carried out:

1) by internal affairs bodies – upon detection of administrative offenses, the cases of which, in accordance with Article 685 of this Code, are considered by internal affairs (police) bodies, or administrative offenses, in cases of which, in accordance with subparagraph 1) Protocols on administrative offenses are drawn up in the first part of Article 804 of this Code.;

2) the commandant's office of the area where the state of emergency has been declared and military patrols – in case of violation of the state of emergency and actions provoking a violation of law and order in a state of emergency;

3) by officials participating in the anti–terrorist operation, within the limits of their established competence, in case of violation of the legal regime of the anti-terrorist operation or failure to comply with the requirements established in connection with the announcement of the anti-terrorist operation.;

4) officials of the Border Guard Service of the National Security Committee of the Republic of Kazakhstan – upon detection of administrative offenses considered by them in accordance with part three of Article 726 of this Code or administrative offenses in cases of which, in accordance with subparagraph 44) of part one of Article 804 of this Code, protocols on administrative offenses are drawn up.;

5) senior military personnel at the location of the protected facility, an employee of internal affairs bodies, special state bodies, an official of paramilitary security – when committing offenses related to encroachment on protected facilities, other foreign property;

6) bodies of forestry, wildlife, specially protected natural territories exercising state control and supervision, as well as specialized organizations of the authorized body and local executive bodies – when committing offenses in the field of forest legislation of the Republic of Kazakhstan, legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of wildlife, in the field of specially protected natural territories;

7) transport control authorities – in case of violation of the rules, which are monitored by these authorities.;

8) military police officials – upon detection of administrative offenses, the cases of which, in accordance with Article 727 of this Code, are considered by military police authorities, or administrative offenses, in cases of which, in accordance with subparagraphs 4) and 5) of the first part of Article 804 of this Code, protocols on administrative offenses are drawn up.;

9) bodies of state control in the field of environmental protection and the use of natural resources – in case of violation of environmental legislation;

10) officials of state revenue bodies – when committing offenses in the fields of business, trade and finance, taxation, customs affairs in accordance with the jurisdiction of cases of administrative offenses.;

11) excluded by the Law of the Republic of Kazakhstan dated 04/06/2016 No. 484-V (effective ten calendar days after the date of its first official publication);

12) officials of the state mining supervision bodies, the Border Guard Service of the National Security Committee of the Republic of Kazakhstan, the authorized body for geology and subsoil use, environmental and natural resources protection bodies, the republican fisheries body – when committing administrative offenses on the continental shelf, territorial waters (sea) and inland waters related to violation of the license terms governing permitted activities on the continental shelf, territorial waters (sea) and inland waters of the Republic of Kazakhstan, violation of the rules for conducting resource or marine scientific research, violation of the rules for the disposal of waste and other materials, failure to comply with legal requirements of officials of the bodies protecting the continental shelf, territorial waters (sea) and internal waters of the Republic of Kazakhstan on stopping a vessel or obstructing its implementation;

13) excluded by the Law of the Republic of Kazakhstan dated December 29, 2014 No. 272-V (effective 01.01.2015);

14) officials of the State Security Service of the Republic of Kazakhstan – if the offense is committed during security measures to ensure the safety of protected persons.;

14-1) by officials of the authorized body: in the field of veterinary medicine, plant quarantine – in case of violation of the rules, requirements, control and supervision of which are carried out by these bodies; in the field of plant protection – in case of violation of the rules, requirements, control of which is carried out by this body;

15) bailiffs – in case of non-compliance with the requirements to stop illegal actions in the courtroom during the court session, as well as during the compulsory execution of enforcement documents.

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