Administrative Code of the Republic of Kazakhstan

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Important: the file was posted on the site earlier and may not reflect the latest changes. The Code is regularly supplemented and amended, so before applying any provision, check it against the current version in the "Adilet" legal information system (adilet.zan.kz).

What the Code on Administrative Offences regulates

The Code of the Republic of Kazakhstan on Administrative Offences (the Administrative Code) is the main regulatory act that defines which actions or omissions are recognized as administrative offences, which penalties apply to them, which bodies consider the cases and in what order decisions are enforced. It is a codified act: it combines substantive provisions (the elements of offences and the measures of liability) with procedural ones (the procedure for proceedings in a case).

The Code's aims are to protect the rights and freedoms of individuals, property, public order and the interests of the state and organizations, as well as to prevent offences.

Who it applies to

  • individuals — citizens of Kazakhstan, foreigners and stateless persons present on the territory of the republic;
  • officials — for violations related to the performance of their official duties;
  • sole proprietors;
  • legal entities — organizations regardless of ownership form.

For different categories of subjects, the same provision may provide for a different amount of penalty. Fines in the Code are, as a rule, expressed in monthly calculation indices (MCI), the value of which is set annually by the law on the republican budget.

Structure of the Code

The Code is divided into several large blocks:

  • General Part — principles, grounds for liability, types of penalties, rules for imposing them, circumstances that mitigate and aggravate liability, limitation periods;
  • Special Part — specific elements of offences, grouped by area: road traffic, business, taxes, the financial market, labor relations, the environment and others;
  • provisions on bodies and proceedings — who is authorized to consider cases, the rights of participants, evidence, the appeal procedure;
  • enforcement proceedings — the procedure for enforcing decisions imposing penalties.

Types of administrative penalties

The Code provides for principal and additional penalties. They include: a warning, an administrative fine, deprivation of a special right (for example, the right to drive a vehicle), deprivation or suspension of a licence, suspension or prohibition of activity, confiscation, administrative arrest and expulsion of foreigners. The specific type and amount of penalty depend on the elements of the offence and the category of the subject.

Significance of the Code for insurance

  • Compulsory insurance. Administrative liability is provided for failure to fulfil the obligation to conclude a compulsory insurance contract, for example MTPL for vehicle owners. Driving a car without a valid MTPL policy is an offence.
  • Employers. Violating the requirements on compulsory insurance of employees against accidents may also entail liability for the employer.
  • Insurance market participants. Certain offences concern insurance organizations, insurance brokers and other financial market participants; supervision of them is carried out by the ARDFM.
  • Loss settlement. A decision in an administrative offence case, for example following a road accident, is often part of the set of documents for an insurance payment and helps to establish who is at fault.

What matters in practice

  • a decision imposing a penalty can be appealed, but only within the prescribed period — it must be checked against the current version;
  • paying a fine does not release a person from the obligation to remedy the violation, for example to take out a policy;
  • administrative liability and civil liability for harm are different things: compensation of damage to the injured party is made under the rules of civil legislation and the insurance contract;
  • entrepreneurs and companies should monitor changes in the offences that concern their industry.

Frequently asked questions

Where can I find the current version?

The official texts of legislative acts with amendments are published in the "Adilet" legal information system of regulatory legal acts at adilet.zan.kz. Use the file on this page for reference only.

Does insurance cover an administrative fine?

As a rule, no. Liability insurance compensates harm caused to third parties, within the terms of the contract. An administrative fine is a measure of public liability, and it is paid by the offender personally.

Is a road accident report needed for an MTPL payment?

The list of documents depends on the circumstances and the insurer's rules. If administrative materials were drawn up in connection with the accident, copies of them are usually requested during settlement.

Terms used in insurance contracts can be clarified in the glossary of insurance terms, and the compulsory policy for car owners is described in the car insurance section. If you need help choosing the terms, you can get a consultation.