SOME QUESTIONS OF APPOINTMENT AND APPLICATION OF ADMINISTRATIVE PENALTIES

Authors

  • Tolkyn S. Nurysheva

Keywords:

administrative penalties, administrative arrest, deprivation of the right to drive vehicles, administrative expulsion of a foreigner or a stateless person from the Republic of Kazakhstan, court practice

Abstract

The presence of problems arising in the process of appointment and application of administrative penalties to administrative offenses arising in society, increases the relevance of the topic.

The article deals with the appointment and application of certain types of administrative penalties, in particular the deprivation of a special right (deprivation of the right to drive vehicles), administrative arrest, administrative expulsion of foreigners or stateless persons from the Republic of Kazakhstan.

In addition, the article from the examples of judicial practice proves that when imposing an administrative penalty on an individual often does not take into account the nature of the administrative offense, the identity of the perpetrator, including his behavior before and after the offense, property, circumstances, mitigating and aggravating responsibility, since the code of the Republic of Kazakhstan on administrative offences in most cases fixed absolutely certain sanctions, respectively applied administrative penalty may not always be fair. References are made to some articles of the code of the Republic of Kazakhstan on administrative offences.

The issues related to the ratio of the norms of General and Special parts of the administrative Code are considered. An example is the argument about the inconsistency of the rules of the General part and the rules of the Special part. Thus, according to part 3 of article 46 of the administrative Code, the term of deprivation of the right to drive vehicles is not less than six months, and according to part 1 of article 610 of the administrative Code is up to six months. These rules are significantly different and are the basis for misuse.

The proposals for amendments and additions to the Code of the Republic of Kazakhstan on administrative offences relating to the appointment and application of the above penalties.

Published

30.03.2019

How to Cite

Nurysheva Т. С. . (2019). SOME QUESTIONS OF APPOINTMENT AND APPLICATION OF ADMINISTRATIVE PENALTIES. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 1(55). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/273