The Requirements, Requests, and Other Communications of Courts and Judges in the Administration of Justice Are Binding on All Persons to Whom They Are Addressed
Pursuant to Article 127 of the Administrative Procedural and Process-Related Code (APPC), a monetary penalty shall be paid within 5 working days from the date of service of the court ruling.
Under Part Four of Article 171 of the APPC, failure to comply with a court ruling imposing a monetary penalty shall entail the imposition of a repeated monetary penalty.
GROUNDS FOR IMPOSING A MONETARY PENALTY
In accordance with Article 76 of the Constitution of the Republic of Kazakhstan and Article 18 of the APPC, judicial acts, as well as the requirements, requests, and other communications of courts and judges made in the administration of justice, shall be binding on all persons to whom they are addressed.
Pursuant to Articles 28, 29, 127, and 138 of the APPC, participants in administrative proceedings bear the risk of procedural consequences depending on whether they fulfill or fail to fulfill their procedural obligations.
The imposition of a MONETARY PENALTY contributes to the implementation of such an objective of judicial proceedings as fostering respect for the law and the court (Part Three of Article 1 of the APPC and Article 4 of the Civil Procedure Code).
The court's authority to impose a MONETARY PENALTY upon establishing facts of abuse of procedural rights derives from the principle of the autonomy and independence of the judiciary and constitutes one of the manifestations of the court's discretionary powers necessary for the administration of justice within the context of administrative justice.
Under Part Three of Article 127 of the APPC, the court is entitled to impose a MONETARY PENALTY in the amount of 10 MCI for each act (omission) on a person who abuses procedural rights or fails to fulfill procedural obligations, including in cases where evidence is submitted or court instructions are carried out after the deadline established by the court without valid reasons, if this has resulted in delaying the consideration of an administrative case.
For failure to comply with a court decision or a court ruling approving an agreement between the parties on conciliation, mediation, or settlement of a dispute through a participatory procedure, the court shall impose a MONETARY PENALTY on the defendant in the amount of 50 MCI, specifying in the same judicial act a period for compliance not exceeding one month (Part Five of Article 127 of the APPC).
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