Commentary to article 822-1. The order on the need to pay a fine and the procedure for sending it The Code of the Republic of Kazakhstan on Administrative Offences
1. The instruction on the need to pay a fine must specify:
1) the name and location of the authority that issued the order on the need to pay the fine;
2) information about the owner (owner) of the vehicle in respect of which an order has been issued on the need to pay a fine: for individuals – surname, first name, patronymic (if any), date of birth, place of registration and other necessary personal data; for legal entities – name, organizational and legal form, location;
3) information about the vehicle: make, model, state registration number plate;
4) the date, time, place, nature of the administrative offense, the article of this Code providing for liability for an administrative offense;
5) indications of certified special control and measuring equipment and an instrument operating in automatic mode;
6) name, number, date of metrological verification of certified special control and measuring equipment and device operating in automatic mode;
7) the amount of the fine;
8) the terms of voluntary payment of a fine or in the order of reduced production;
9) the procedure and time limits for appealing the order;
10) electronic digital signature.
2. Along with the written form, an electronic form of a fine order may be used.
3. The instruction on the need to pay a fine with a receipt of the established sample is sent to the owner (owner) of the vehicle within ten days from the date of the administrative offense.
comment_____________________________________________
Part 1. An instruction on the need to pay a fine is a document of a simplified form of administrative procedure, which implies recording the moment of committing a traffic violation, for which administrative responsibility is provided, by certified special control and measuring equipment and devices operating in automatic mode.
The order is not issued by the executor, it is executed automatically, after which the responsible person prints it out and sends it by mail.
The instruction on the need to pay a fine must specify:
1) the name and location of the authority that issued the order on the need to pay the fine;
2) information about the owner (owner) of the vehicle in respect of which an order has been issued on the need to pay a fine: for individuals – surname, first name, patronymic (if any), date of birth, place of registration and other necessary personal data; for legal entities – name, organizational and legal form, location;
3) information about the vehicle: make, model, state registration number plate;
4) the date, time, place, nature of the administrative offense, the article of this Code providing for liability for an administrative offense;
5) indications of certified special control and measuring equipment and an instrument operating in automatic mode;
6) name, number, date of metrological verification of certified special control and measuring equipment and device operating in automatic mode;
7) the amount of the fine;
8) terms of voluntary payment of a fine or in the order of reduced production;
9) the procedure and time limits for appealing the order;
10) electronic digital signature.
Part 2. Along with the written form, an electronic form of a fine order may be used. It is assumed that the detected administrative offense will be sent to the violator's cellular telephone number and/or email address using a certified special control and measuring equipment or device operating in automatic mode. This provision follows from the address of the Head of State of the Republic of Kazakhstan dated January 31, 2017, "The Third Modernization of Kazakhstan: Global Competitiveness," in which the Government was instructed to develop and adopt a separate Digital Kazakhstan program.
Part 3. Within the framework of the Law of the Republic of Kazakhstan dated December 28, 2017 "On Amendments and Additions to the Code of the Republic of Kazakhstan on Administrative Offenses", the scope of application of reduced production has been expanded. Thus, the mentioned proceedings are also applied to offenses recorded by special technical means operating in automatic mode. This mechanism is as follows.
1. In accordance with Article 802 of the Administrative Code, an administrative offense recorded by a special technical means operating in automatic mode is considered initiated from the moment an instruction is sent on the need to pay a fine in accordance with the procedure provided for in Article 743 of the Administrative Code.
2. According to Part 3 of the commented article, an order on the need to pay a fine with a receipt of the established sample is sent to the owner (owner) of the vehicle within 10 days from the date of fixing the administrative offense.
3. Then, in accordance with art. 817 of the Administrative Code, the case is considered to be considered after 15 days from the date of proper delivery of the order on the need to pay a fine, with the exception of cases considered on the merits in a shortened procedure. It is necessary to add here that the moment of proper delivery, according to Part 4-1 of Article 743 of the Administrative Code, is considered:
1) sending by registered mail, which is delivered to the owner (owner) of the vehicle personally or to one of the adult family members living together with him against a receipt for the delivery notification to be returned to the sender. An instruction on the need to pay a fine sent to a legal entity is handed over to the head or employee of the legal entity, who signs the receipt of the instruction on the delivery notification indicating his last name, initials and position.;
2) the addressee's refusal to accept the order on the need to pay a fine. At the same time, the person delivering it makes an appropriate note on the delivery notification, which is returned to the sender along with the order.
3) direct delivery of an instruction on the need to pay a fine to the owner (owner) of the vehicle personally or to one of the adult family members living together with him against receipt by an official.
At the same time, during these periods (15 days), the violator has the right to use the institution of reduced production, which was noted above, by paying 50% of the fine amount within 7 days from the date of proper delivery of the order with a receipt (art. 811 of the Administrative Code).
4. By analogy with the decision in the case of an administrative offense, if the violator does not agree with the information specified in the order, he has the right to appeal the order on the need to pay a fine in accordance with the norms of the Administrative Code.
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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
