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Appendices

The appendix 1

To the INSTRUCTION «About CONDUCTING the CENTRALIZED DATABANK ABOUT ADMINISTRATIVE VIOLATIONS And PERSONS, THEIR MADE» approved by the order of the Prosecutor General of Republic Kazakhstan

From December, 5th 2003 g № 67

F 1-AP the Card under the account of administrative violations and persons, their made

1.

__________________________________________________________________________________

The name of body revealed an offence

2. __________________________________________________________________________________

Place of fulfilment of an offence

3. ___________________________ ^

The authorised body which has considered a material the/report/, business

4. Material/report/business number _______________ institution date "___" _____________ 200 __

5. __________________________________________________________________________________

First name, middle initial, last name the official who has considered case

6. "___" _________ 200 __ № _______________________

Date of registration and registration number of the subject of administrative practice

7. Receipt date in UKPSiSU «» _______ 200 updating Date «» _______ 200

8. The subject: «1» - the physical person; «2»-official; the "3"-person equal to the official ";" 4 »- the legal body;«5»- the individual businessman;«6»- the foreign legal body;«7»- the legal body with foreign participation.

9. Qualification of an offence st _________ ch. ___________ the item ____________ Republics KoAp

Kazakhstan

9.1. The fault form: «1» - deliberate, «2» - on imprudence.

9.2. Date of fulfilment (detection) of administrative violation "____" _________ 200 __

10. Date of consideration of administrative business "______" _________________ 200 ____

11. Collecting administrative actions (item 46 KoAP RK):

11.1. The cores: «01» - the prevention; «02» - the penalty; «03» - arrest; «04» - deprivation spets.prava;

«05» - licence deprivation/stay; «06» - stay/prohibition dejat

ind.predprinimatelja or jur.litsa. «07» - adm.vydvorenie foreigners or stateless persons. For the term up to «» 200

11.2. The additional: «08» withdrawal; «09» confiscation; «10» compulsory pulling down. «04» -

Deprivation spets.prava; «05» - licence deprivation/stay; «06» -

Stay/prohibition dejat ind.predprinimatelja or jur.litsa. «07» - adm.vydvorenie foreigners or stateless persons. For the term up to «» 200

12. The size of the imposed penalty _________________________________ the sum of tenge

13. The size of the collected penalty _________________________________ the sum of tenge

1.

2. / __ / __/

/ / / 3. / __ / __/

8. / /

9.1. / __/

11.1. / / /

11.2. / / /

14.

F.I.O./_/_/_/_/_/_ / __/_/_/_/_/_/_/_ / __/_/_/_/_/_/_ / __/_/_/_/_/_/_/_/_/_

(Persons made administrative violation)

14.1. "_____" __________ 19 ____ of the river the birthplace ______________________________________

Place

Residence ___________________________________________________________________________

14.2. A floor of the offender: «1» - man's; «2» - female. 14.2. / /

14.3 Offence is made: «1» - citizen RK; «2» - the citizen of the CIS countries; «3» - 14.3. / __________ /

The foreigner; «4» - the stateless person.

14.4. A work place, a post, a study place _____________________________________________

(Necessary to underline) (to specify precisely)

15.

Organizational - the legal form of the legal person: «1» - GP; «2» - official body; «3» - joint-stock company; «4» - Open Company; «5» - TDO; «6» - production co-operative; «7» - others.

16. The name

jur. Persons/ind.predprinimatelja __________________________________________________________

jur.adres ___________________________________________________________________________

№ certificates ______________________________________________

17. The decision: «1» - it is appealed, «2» - it is protested (item 655 KoAP RK) "___" ___________

18. Result of consideration of item 664 ч.1 subitem 1) - «1», subitem 2) - «2», subitem 3) - «3», subitem 4) - «4», pp 5) - 5

19. The decision: it is protested (item 672 KoAP RK) "____" ________________

20. Result of consideration: «1» - it is excellent; «2» - it is changed

21. _________________________________________________________ "____" _______ 200 __ F IO.

The employee filled a card

The note: lines 19 and 20 are filled with trial courts.

15. / _

17. / _

18. / _

/

/

/

The appendix 2 PROJECT

The LAW of REPUBLIC Kazakhstan On preventive maintenance of offences in Republic Kazakhstan

The present Law with a view of maintenance of legality, the law and order and the public safety and according to the Republic Kazakhstan legislation regulates the relations arising at realisation of activity on preventive maintenance of offences in Republic Kazakhstan.

Chapter 1. General provisions

Article 1. The basic concepts used in the present Law:

1. With a view of the present Law following basic concepts are used:

Preventive maintenance of offences in Republic Kazakhstan (further -

Preventive maintenance of offences) - system of the social, legal, pedagogical and other measures directed on the prevention, revealing, suppression and elimination of the circumstances promoting their fulfilment;

Activity on preventive maintenance of offences - activity of public authorities, local governments, establishments and citizens on application of system of the social, legal and other measures directed on the timely prevention, revealing and elimination of the reasons and the conditions promoting fulfilment of offences, and also activity on preventive maintenance of neglect and offences of minors;

The system of preventive maintenance of offences - set of bodies, establishments, the organisations, which activity is directed on the timely prevention, revealing and elimination of the reasons and the conditions promoting fulfilment of offences;

Subjects of preventive maintenance of offences - bodies and establishments of system of preventive maintenance of offences, and also the organisations and the citizens participating in activity on preventive maintenance of offences in Republic Kazakhstan.

2. Other concepts and the terms used in the present Law, are applied in the values defined by the legislation of Republic Kazakhstan.

Article 2. Activity Legal regulation on preventive maintenance of offences

Activity legal regulation on preventive maintenance of offences is carried out according to the Republic Kazakhstan Constitution, laws of Republic Kazakhstan and other standard legal acts of Republic Kazakhstan.

Article 3. The basic directions of preventive maintenance of offences the Basic directions of preventive maintenance of offences are:

- Revealing and elimination of the reasons and the conditions promoting fulfilment of offences;

- Maintenance of protection of the rights, freedom and legitimate interests of citizens from wrongful acts;

- Acceptance by public authorities of Republic Kazakhstan and local governments of the standard legal acts directed on preventive maintenance of offences;

- Acceptance of the preventive measures directed on the prevention of offences;

- The prevention of neglect, homelessness and offences of minors, revealing and elimination of the reasons and the conditions promoting their fulfilment;

- Is social-psychological rehabilitation of the citizens who are in socially dangerous position;

- Regulation of the relations arising between bodies and establishments, carrying out activity on preventive maintenance of offences, and also maintenance of coordination of their activity;

- Attraction of citizens for participation in activity on preventive maintenance of offences;

- Education of citizens in the spirit of legality and law and order observance.

Article 4. Main principles of activity on preventive maintenance of offences

Realisation of actions for preventive maintenance of offences is based on principles: legality;

Democratism and publicity; humanities;

Supports of a family and interaction with it in questions of preventive maintenance of offences in a family and offences of minors;

The state support of activity of local governments, the organisations and citizens on preventive maintenance of offences;

Individual approach in application of measures of preventive influence.

G a lava 2. Subjects of preventive maintenance of offences

Article 5. Powers of public authorities of Republic Kazakhstan in sphere of preventive maintenance of offences

Powers of public authorities of Republic Kazakhstan in sphere of preventive maintenance of offences concern:

- Activity legal regulation on preventive maintenance of offences in Republic Kazakhstan;

- Working out, the statement and realisation of republican programs on preventive maintenance of offences;

- Development of activity of establishments of social sphere, public health services, formation, culture, physical training and sports;

- The state support of a family, motherhood and the childhood;

- Support and development of system of psychological and social rehabilitation of the persons inclined to fulfilment of offences;

- The organisation and carrying out with attraction of mass media of the regular and purposeful propagation directed on preventive maintenance of offences;

- The organisation in territory of Republic Kazakhstan of monitoring of a criminal situation;

- Preparation, retraining and improvement of professional skill of experts in the field of preventive maintenance of offences;

- Attraction of public associations, the organisations and citizens to participation in realisation of measures on preventive maintenance of offences, including to realisation of republican programs on preventive maintenance of offences;

- Development of research activity concerning preventive maintenance of offences;

- Other powers in sphere of preventive maintenance of offences according to the legislation.

Article 6. Participation of local governments in Republic Kazakhstan in activity on preventive maintenance of offences

Local governments in Republic Kazakhstan participate in activity on preventive maintenance of offences according to the powers provided by the legislation.

Article 7. Participation of establishments in activity on preventive maintenance of offences

Establishments in Republic Kazakhstan within the powers and when due hereunder participate in activity on preventive maintenance of offences in following directions:

- The organisation of propagation of a healthy way of life;

- Creation of conditions for attraction of the persons who are in socially dangerous position, to participation in art and creative amateur performance, contribution to their familiarising with values of domestic and world culture;

- Rendering of assistance to specialised agencies for the minors requiring social rehabilitation and adaptation, to special teaching and educational establishments and the centres of time isolation and adaptation of minor offenders of law-enforcement bodies in the organisation of cultural-educational work with the minors who are in specified establishments and the centres;

- Development of a network of fizkulturno-sports club associations;

- Creation of profile sports camps for the minors who are in a difficult vital situation;

- Interaction with other subjects of preventive maintenance of offences, including, by the message in law-enforcement bodies about all facts of receipt (reference) of citizens with physical injuries of violent character, and also about minor persons, invalids and other persons who are in socially dangerous position, when due hereunder;

- Participation in preventive maintenance of an alcoholism, narcotism, glue sniffing, distribution of venereal diseases and HIV-infection;

- Other directions of preventive work.

Article 8. Participation of the organisations and individual businessmen in activity on preventive maintenance of offences

1. The organisations have the right to promote in maintenance of employment of the persons requiring social adaptation, at presence at the last corresponding formation and the qualification, meeting requirements of the employer, to give them places in hostels or other premises according to the housing legislation, to condition for their fastening in collectives of workers of the organisation, to spend with them vospitatelno-preventive work.

2. The organisations, the individual businessmen which activity is connected with rendering of services to the population, according to the legislation take measures on maintenance of safety of a life, health and property of citizens in the course of granting of services, including by means of maintenance of technical equipment of corresponding premises, protection and protection maintenance, and also other ways which are not contradicting the legislation.

3. For interaction with bodies and the establishments which are carrying out activity on preventive maintenance of offences, and assistance to it in questions of maintenance of a public order and preventive maintenance of offences, and also for acceptance of the measures directed on elimination of their reasons, the organisations have the right to create advisory bodies - councils about preventive maintenance of offences. Typical position about council of the organisation about preventive maintenance of offences affirms the Republic Kazakhstan Government.

Article 9. Participation of citizens in activity on preventive maintenance of offences

Citizens take part in activity on preventive maintenance of offences according to the Law of Republic Kazakhstan from July, 09th, 2004 № 590-2 «About participation of citizens in public order maintenance», other standard legal acts of Republic Kazakhstan.

Chapter 3. Forms of preventive maintenance of offences

Article 10. Legal education and population training

1. Legal education of the population is carried out by subjects

Preventive maintenance of offences by application of various measures

Preventive influence.

2. Mass media according to the legislation

Republics Kazakhstans provide the publication analytical,

Methodical and other materials about preventive maintenance of offences, inform the population on forms and methods of self-defence from illegal encroachments.

Article 11. Preventive conversation

1. The preventive conversation is spent by representatives of subjects of preventive maintenance of offences.

2. During preventive conversation are explained social and unlawful conduct legal effects, the moral and legal liability of infringement of corresponding rules of law is underlined.

Article 12. The preventive account

The preventive account and the measures of influence connected with it, and also prolongation of the preventive account carry out law-enforcement bodies both other bodies and establishments of system of preventive maintenance of offences according to the powers given to it in an order established by the legislation.

Article 13. Social adaptation

1. Social adaptation of citizens is reached by means of system

Legal, social and economic, psihologo-pedagogical,

The organizational and other measures directed on realisation of constitutional laws and freedom, rendering of assistance in the labour and household device.

2. Measures on social adaptation are carried out in the relation:

- Neglected and homeless minors;

- The citizens, left punishment under criminal law;

- The persons consisting on the account for vagrancy or begging;

- The minors subjected to forced measures of educational influence;

- Other categories of the citizens appeared in a difficult vital situation and requiring social support.

3. Social adaptation measures are realised by Republic Kazakhstan and local government enforcement authorities in following forms:

- Creations of the commissions on rendering it is social-legal aid;

- Conducting the account of the citizens requiring social adaptation;

- Interactions with public associations on rendering of assistance to the citizens requiring social adaptation;

- Stimulations of activity of the organisations giving workplaces to citizens, requiring social adaptation;

- Opening of the centres of social adaptation, nochlezhnyh at home and other specialised agencies;

- Carrying out of monitoring of conditions of the labour and household device of the persons who have addressed for the help;

- Carrying out of educational work;

- Other forms provided by the legislation.

Article 14. Social rehabilitation

1. Social rehabilitation of citizens is carried out by means of system

Legal, social and economic, psihologo-pedagogical,

The organizational and other measures directed on restoration and education of moral, patriotic values and psychological immunity at citizens.

2. Measures of social rehabilitation are carried out concerning citizens, podvergshihsja to influence of religious sects and the organisations of an extremist orientation.

3. Measures of social rehabilitation are realised by enforcement authorities and local government in interaction with employees of the Ministry of Internal Affairs on Republic Kazakhstan.

4. Participation of public authorities of Republic Kazakhstan and local governments in social rehabilitation of citizens can be carried out in shape:

- Creations of the rehabilitation centres;

- Conducting the account of the citizens requiring social rehabilitation;

- Interactions with public associations on rendering of assistance to the citizens requiring social rehabilitation;

- Carrying out of educational work;

- Other forms provided by the legislation.

Chapter 4. Preventive maintenance of offences of separate categories of citizens

Article 15. Preventive maintenance of neglect and offences of minors

1. Preventive maintenance of neglect and offences of minors - system of the social, legal, pedagogical and other measures directed on revealing and elimination of the reasons and conditions, promoting neglect, homelessness, offences and antisocial actions of the minors who are carried out in aggregate with individual preventive work with minors and families, being in socially dangerous position.

2. Preventive maintenance of offences of minors is carried out according to the Republic Kazakhstan legislation.

Article 16. Maintenance of conditions for the organisation of leisure of minors

1. Culture establishments, physical training and the sports which maintenance is carried out at the expense of means of the budget of Republic Kazakhstan according to the budgetary legislation (further - culture establishments, physical training and sports), are obliged to allocate free of charge not less than one percent from realised tickets (subscriptions) (extended) by them for children of school age provided that necessary for this means are provided in the Republic Kazakhstan budget for corresponding fiscal year.

2. The concrete size of the reservation for each culture establishment, physical training and sports is defined at allocation of corresponding financial assets.

Article 17. Preventive maintenance of offences among the persons released from the places of confinement, and also the persons condemned to punishment, not connected with imprisonment

Preventive maintenance of offences among the persons released from the places of confinement, and also the persons condemned to punishment, not connected with imprisonment, is carried out by means:

- Rendering to the persons released from the places of confinement, assistance in the decision of questions of the domestic device, employment, health services and social security, is social-psychological rehabilitation and adaptation;

- Legal education;

- Applications of other preventive measures.

Article 18. Preventive maintenance of offences among persons without a certain residence

Preventive maintenance of offences among persons without a certain residence is carried out by means:

- Assistance rendering to the specified persons in social adaptation, employment;

- Rendering assistance in granting to the specified persons of domestic services and other kinds of social service;

- Medical aid rendering;

- Rendering of the psychological help;

- Applications of other preventive measures.

Chapter 5. Coordination of preventive activity

Article 19. Work coordination on preventive maintenance of offences and the control over activity of bodies and establishments of system of preventive maintenance of offences

1. Work coordination on preventive maintenance of offences is carried out by the body defined by the President of Republic Kazakhstan.

2. Public authorities of Republic Kazakhstan and local governments, and also public organisations within the competence carry out when due hereunder the control over activity of bodies and establishments of system of preventive maintenance of offences.

Chapter 6. Activity financing on preventive maintenance

Offences in Republic Kazakhstan

Article 20. Financial maintenance of activity on preventive maintenance of offences

1. Activity financing on preventive maintenance of offences can be carried out at the expense of means of the budget of Republic Kazakhstan and other sources according to the legislation.

2. For rendering of material aid to the persons requiring the social

Adaptations, can be created according to the republican

The legislation public funds.

G a lava 7. Final provisions

Article 21. Coming into force of the present Law

The present Law becomes effective in ten days after its official publication.

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A source: ABDRAHMANOV BAUYRZHAN ERMEKOVICH. Administrative deliktologija in Republic Kazakhstan (conceptual theoretical and methodological problems). The dissertation on competition of a scientific degree of the doctor of juridical science. Republic Kazakhstan of Almaty, 2010. 2010

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