The concept of misconduct on the administrative law of the Republic of Kazakhstan

For a correct understanding of the nature of corruption offenses is important clarification of certain concepts within which called offense found its legal reflection of the Code of the Republic of Kazakhstan on Administrative Offences (abbreviated - CAO).

Administrative law - the branch of law that regulates public relations arising in the process of organizing and executive and administrative activities of government (before the October Revolution of 1917 the right to call the police administrative law)*.

An administrative offense referred to misconduct. For administrative offense norms CAO provides legal administrative liability.

Administrative offense different from a criminal and punishable offense by a

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* См.: Большой юридический словарь. – М.: ИНФРА-М. – 2002. – С. 17.

lesser degree of public danger. The administrative offense is a synonym - a tort. The term " tort" law is not fixed, but is widely used in scientific papers.

An administrative offense - is illegal, guilty (deliberate or neostrozhnoe) act or omission of an individual or a wrongful act or omission of the legal entity for which the Code of the Republic of Kazakhstan on Administrative Offences provides for administrative liability (Article 25, part one).

It must be borne in mind that administrative liability only if the offense does not entail criminal liability under the Criminal Code of the Republic of Kazakhstan.

The difficulty in establishing evidence of an administrative offense is that the administrative and criminal offenses are border character.

Administrative responsibility can carry not only individuals but also legal.

It must be clearly aware of the signs of an administrative offense, consideration will allow to distinguish an administrative offense by a criminal or disciplinary offense.

The signs of an administrative offense are:

- Anti-social;

- Unlawfulness;

- Guilty;

- Punishable.

Under the sign of antisocial administrative offense meant committing such an act that causes harm to the rights and legitimate interests of citizens, society and state.

In the context of administrative law, examples of anti-social nature of the administrative offense are instances of disorderly conduct, breach of peace, drinking alcohol or appearing in public places in a state of intoxication.

Under the wrongfulness of an administrative offense meant an act which violates the law. This can be violated not only the administrative rules but also rules of any other related branches of law (labor, land, finance, etc.). To recognize the signs of illegality in administrative law, it is important that the rules of other related industries the right to protect measures of administrative responsibility.

As an example of such a feature in the context of an administrative offense, as wrongful, can be: CAO rules on offenses in the customs sphere (Chapter 29), although the relationship in this area are governed by rules of customs law; CAO rules on offenses in the field of environmental protection, use of natural resources (Chapter 21), the ratio in these areas are regulated by environmental law.

Under the sign of guilt administrative offense meant prohibited by law administrative act, really guilty of committing that particular subject is proved in accordance with the law.

The act then committed guilty when a person commits it consciously. As pointed H.YU. Ibragimov, for the recognition of an act an offense must be set (prove) that it was the manifestation of will and mind, that is a product of mental activity sane person *.

Thus, an act that falls under the signs of an administrative offense, insane person (a person suffering from mental illness) is not a sign of guilt.

Administrative offenses by negligence does not preclude the onset of punishment, as signs of faith and reason, and in this case, are also present.

Under blameworthiness featured an administrative offense meant incurred for the act in administrative law (CAO) administrative penalties.

Speaking about such signs of an administrative offense is punishable by administrative punishment law does not apply.

In any case, according to the provisions of Article 40 of the Administrative Code, as administrative measures for offenses not applicable penalty (it takes place in criminal law) and administrative penalties.

Administrative penalty - a measure of responsibility for committing an administrative offense.

Article 41 of the CAO provides the following administrative penalties:

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* См.: Ибрагимов Х.Ю. Административное право Республики Казахстан (Общая часть): Учебное пособие. – Алматы: Данекер. – 2000. – С. 155.

1) warning;

2) an administrative fine;

3) confiscation of the object which appeared instrument or subject of an administrative offense, as well as property obtained as a result of an administrative offense;

4) deprivation of special rights;

5) withdrawal of authorization or suspension of the operation, as well as exclusion from the registry;

6) suspension or prohibition of activities;

7) forced the demolition of illegally erected or constructed buildings;

8) administrative arrest;

9) administrative deportation from the Republic of Kazakhstan of an alien or a stateless person.

These penalties are grouped into basic and additional. The main include: prevention; an administrative fine; administrative arrest. Additional administrative punishment include: seizures; forced demolition of illegally erected or constructed buildings. The rest of the measures are of a dual nature, that is, they can be used both as the main and additional administrative sanctions.