Comment to article 829-9. A court decision taken in preparation for consideration of an administrative offense case, complaint, protest against a ruling on an administrative offense case, an order on the need to pay a fine, a decision of a higher authority (official) on a complaint, protest of the Code of the Republic of Kazakhstan On Administrative Offenses
1. When preparing for consideration of a case on an administrative offense, complaint, protest, the court makes the following decision on:
1) the appointment of the time and place of consideration of the case, complaint, protest;
2) summoning persons, requesting the necessary additional materials on the case, and appointing an expert examination, if necessary;
3) postponement of the consideration of the case, complaint, protest;
4) extension or suspension of the time limits for consideration of a case, complaint, protest;
5) transfer of the protocol on an administrative offense and other materials of the case, complaint, protest for consideration under its jurisdiction, if the consideration of this case, complaint, protest does not fall within its competence.;
6) transfer of the case for consideration on the merits in accordance with Article 812 of this Code;
7) transfer of the case for consideration to a court competent to impose a penalty of a different type or size for this administrative offense, as well as transfer of the case for consideration at the place of registration of a vehicle (vessel, including a small one) in the cases provided for in Article 812 of this Code.
2. The decisions provided for in the first part of this Article shall be made in the form of a ruling and contain the information provided for in the first part of Article 822 of this Code, with the exception of the time limit and procedure for appeal.
3. The court, having established that there are two or more cases initiated against the same person, has the right to combine these cases into one proceeding for joint consideration.
4. When preparing for the retrial of an administrative offense case in connection with the failure to appear without valid reasons of the person being held accountable, his representative, witness in the cases provided for in part four of Article 744, part six of Article 746 and part five of Article 754 of this Code, the court has the right to issue a ruling on the summoning of these persons.
Proper preparation for court proceedings is one of the conditions for the timely and correct resolution of an administrative offense case, complaint, protest against a decision on an administrative offense case, an order on the need to pay a fine, a decision of a higher authority (official) on the complaint, protest. Determining the procedural decisions necessary to resolve the case of an administrative offense, complaint, protest against the decision on the case of an administrative offense, an order on the need to pay a fine, a decision of a higher authority (official) on the complaint, protest, brings order to administrative and jurisdictional activities.
Part 1. The procedure for preparing for consideration of an administrative offense case, complaint, protest against a decision on an administrative offense case, an order on the need to pay a fine, a decision of a higher authority (official) on the complaint, protest is important to ensure the rights of participants in the proceedings. The consolidation in the Administrative Code of the actions that must be taken by the court considering the case of an administrative offense, complaint, protest against the decision on the case of an administrative offense, the order on the need to pay a fine, the decision of a higher authority (official) on the complaint, protest at the preparatory stage should contribute to an objective, complete and comprehensive study of materials and the legal and an informed decision.
When preparing to consider a case of an administrative offense, complaint, or protest, the court, in essence, performs several actions and makes a number of decisions based on the results.
If necessary and appropriate, the court performs the following actions::
1) summoning persons, requesting the necessary additional materials on the case, and appointing expert examinations;
2) consideration of the existence of circumstances preventing the acceptance of a case, complaint, protest for its own production (competence) or the existence of other circumstances that entail a change in jurisdiction or jurisdiction;
And also decides on (about):
1) postponement of consideration or extension, suspension of time limits for consideration of a case, complaint, protest;
2) transfer of the protocol on an administrative offense and other materials of the case, complaint, protest for consideration by jurisdiction or jurisdiction;
3) transfer of the case for consideration on the merits in accordance with Article 812 of the Code and the appointment of the time and place of its consideration.
Part 2 provides that the decisions provided for in Part 1 of the commented article are made in the form of a definition. Such definitions must contain information provided for in Part 1 of Article 822 of the Administrative Code, with the exception of the time limit and procedure for appeal.
In accordance with part 3 of this article, a judge, having established that there are two or more cases initiated against the same person, has the right to combine these cases into one proceeding for joint consideration.
When preparing for a retrial of a case, complaint, or protest in connection with the failure to appear without valid reasons of the person being held accountable, his representative, or witness in the cases provided for in Part 4 of Article 744, Part 6 of Article 746, and Part 5 of Article 754 of the Administrative Code, the judge has the right to rule on the summoning of these persons. Such regulation in Part 4 is appropriate in all cases, with the exception of those where the penalty imposed in accordance with the sanctions of the article of the Special Part of the Administrative Code may be arrest. Since the period of consideration of such cases by the legislator is limited in time, it is difficult to bring them.
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
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