Elimination of inconsistencies of provisions of the Administrative Procedural Code of Kazakhstan on the imposition of financial penalties
Автор: Dosanova F.P.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Административное право и процесс
Статья в выпуске: 2 (33), 2022 года.
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The article focuses on the legal regulation of coercive procedural measures in the newly adopted Administrative Procedural Code of the Republic of Kazakhstan as an independent procedural liability first introduced in the legislation of Kazakhstan. In this regard, emphasis is placed on the regulations on the imposition of financial penalties. Under the general direction of coercive procedural measures to ensure the normal conduct of administrative proceedings, nevertheless, depending on the grounds for imposing a financial penalty, its size is determined differently: 10, 20, 50 monthly calculation indices. After a critical analysis of the regulations, which enshrine the imposition of financial penalty, it is justified the expediency of enshrining the amount of financial penalty when delaying the consideration of an administrative case more than without delaying. In order to avoid corruption of Administrative Procedural Code in relation to financial penalties. It is proposed either to specify in the normative resolution of the Supreme Court of Kazakhstan the grounds for imposing financial penalties, explain the procedure for imposing a financial penalty, the possibility of reducing its size, including below the established lower limit, exemption from financial penalties, its deferral and suspension, repetition of its application, or to amend Article 127 of the Administrative Procedural Code of Kazakhstan.
Administrative justice, administrative legal proceedings, administrative procedural code, coercive procedural measures, reprimand, expelling from the hall, financial penalty, legal discretion, procedural liability
Короткий адрес: https://sciup.org/14124280
IDR: 14124280