PROBLEMS AND PROSPECTS OF CLASSIFYING ADMINISTRATIVE OFFENSES IN THE CONTEXT OF THE REFORM OF THE CODE OF ADMINISTRATIVE OFFENSES OF THE REPUBLIC OF KAZAKHSTAN

Abstract

The article provides a comprehensive analysis of the problems and prospects of classifying administrative offenses in the context of the ongoing reform of the Code of the Republic of Kazakhstan on Administrative Offenses (CоАП RK). The research focuses on a critical review of a legislative novelty – the draft of Article 25-1 of the CоАП RK, which introduces a three-level gradation of offenses by severity (minor, significant, and gross). The authors identify and analyze in detail the systemic contradictions of the proposed model. These include: a conceptual inconsistency between the General and Special Parts of the Code, leading to homogeneous acts being classified into different severity categories; and an excessive dependence of qualification on the status of the subject (individual, business entity), which calls into question the adherence to the principle of equality before the law. The problem of the imperfect classification methodology, which does not allow for the correct inclusion of offenses with penalties in the form of fines calculated as a percentage or whose amounts exceed the established limits, is particularly emphasized. As an alternative, the authors substantiate the necessity of transitioning to a socially oriented and flexible system of administrative penalties that considers not only formal characteristics but also the property status of the offender, the form of guilt, the severity of the consequences, and the real public danger of the act. In conclusion, a set of theoretical and practical measures for improving the gradation is formulated, including the development of clear criteria, the creation of a scientific and practical toolkit for analyzing the elements of offenses in the CоАП RK, and ensuring the proportionality of administrative responsibility to strengthen trust in the legal system.