1. Accommodation of citizens of the Republic of Kazakhstan without identity card either
according to the invalid identity card or without registration at the place of residence, in the
place of temporary stay (accommodation) from ten calendar days up to one month –
subject to prevention.
2. Accommodation of citizens of the Republic of Kazakhstan without identity card either
according to the invalid identity card or without registration at the place of residence, in the
place of temporary stay (accommodation) over one month –
subject to fine a rate of seven monthly settlement indicators.
3. The act provided by parts of the first and second present article perfect repeatedly
within a year after imposing of an administrative penalty, –
subject to fine a rate of thirteen monthly settlement indicators.
4. Full-time residence in the Republic of Kazakhstan of the foreigner or the person
without citizenship without registration on the permanent residence either without residence
permit or without certificate of the person without citizenship or according to the invalid
residence permit, the certificate of the person without citizenship over ten calendar days and
also the untimely notice of law-enforcement bodies on loss of the passport, a look on
residence or the certificate of the person without citizenship –
subject to fine a rate of ten monthly settlement indicators.
5. The acts provided by a part of the fourth present article perfect repeatedly within a year
after imposing of an administrative penalty, –
subject to fine a rate of twenty monthly settlement indicators.
Note. Requirements of part one of the present article about accommodation of citizens of
the Republic of Kazakhstan without registration in the place of temporary stay (
accommodation) don't extend to the temporary residents living for up to one month in the
place of temporary stay (accommodation).
Footnote. Article 492 in edition of the Law of the Republic of Kazakhstan from
22.12.2016 № 28-VІ (shall be enforced after ten calendar days after day of its first official
publication).

1. Excluded by the Law of the Republic of Kazakhstan dated 27.12.2019 № 292-VІ (order
of enforcement see Article 2).
2. Violation of the legislation of the Republic of Kazakhstan in the field of migration of
population by a foreign person or stateless person being expressed in non-compliance with
the rules for the transit passing through the territory of the Republic of Kazakhstan, shall –
entail a fine in amount of fifteen monthly calculation indices or administrative expulsion
from the Republic of Kazakhstan.
3. Violation of the legislation of the Republic of Kazakhstan in the field of migration of
population by a foreign person or stateless person being expressed in non-departure from the
Republic of Kazakhstan after expiration of the period established by the legislation of the
Republic of Kazakhstan:
1) within three days, -
entail a warning;
2) more than three before the expiration of five days, -
entail a fine in amount of ten monthly calculation indices;
3) more than five before the expiration of ten days, -
entail a fine in the amount of fifteen monthly calculation indices.
4. Violation by a foreigner or stateless person of the legislation of the Republic of
Kazakhstan in the field of population migration, expressed in evasion from departure for a
period exceeding ten days after the expiration of the period established by law, shall –
entail a fine in amount of twenty-five monthly calculation indices or administrative
expulsion from the Republic of Kazakhstan.
5. Violation by a foreigner or stateless person of the legislation of the Republic of in the
field of population migration, expressed in the inconsistency of the activities carried out with
the goals specified in the visa, or employment in the Republic of Kazakhstan without
obtaining a certificate of conformity of qualifications for self-employment, issued by a local
executive body, or work permits, when obtaining such a certificate or permit shall be a
prerequisite for the implementation of labor activity, shall –
entail a fine in amount of twenty five monthly calculation indices or administrative arrest
for the term up to ten days or administrative expulsion beyond the Republic of Kazakhstan.
6. Actions provided by part three of this Article, committed repeatedly second time within
a year after imposition of an administrative sanction, shall –
entail a fine in amount of fifteen monthly calculation indices or administrative expulsion
beyond the Republic of Kazakhstan.
7. The acts provided by a part two, four and five of this Article committed repeatedly
second time within a year after imposition of the administrative sanction, shall –
entail the administrative arrest for the term up to fifteen days with administrative
expulsion from the Republic of Kazakhstan.
Footnote. Article 517 with the changes made by laws of the Republic of Kazakhstan from
24.11.2015 № 421-V (shall be enforced from 01.01.2017); from 28.12.2017 № 127-VI (shall
be enforced after ten calendar days after day of its first official publication); dated 27.12.2019
№ 292-VІ (order of enforcement see Article 2); dated 13.05.2020 № 327-VІ (shall be
enforced upon expiry of ten calendar days after the date of its first official publication).

1. Administrative expulsion of foreign persons or stateless persons beyond the borders of
the Republic of Kazakhstan shall be applied by a judge as a measure of administrative
sanction in the manner and on the grounds that are provided by the Special part of this Code.
Provisions of this part shall not apply to the cases of expulsion of foreign persons or
stateless persons carried out in the manner provided by the civil procedural legislation of the
Republic of Kazakhstan.
2. In case if in the course of administrative proceeding, the person in respect of whom the
measure of administrative sanction in the form of administrative expulsion beyond the
borders of the Republic of Kazakhstan may be applied, informs on committed act in respect
of him (her) recognized as grave or especially grave crime in accordance with the Criminal
Code of the Republic of Kazakhstan, the consideration of a case on administrative infraction
in respect of this person shall be postponed until making decision on a message or application
I the manner established by Article 179 of the Criminal procedural code of the Republic of
Kazakhstan.

1. Violation of the regime of the State Border of the Republic of Kazakhstan being
expressed in non-compliance with the established procedure for:
1) maintenance of the State Border of the Republic of Kazakhstan (with the exception of
the field of the State Border of the Republic of Kazakhstan on Caspian sea);
2) crossings of Frontier of the Republic of Kazakhstan if this action doesn't contain signs
of penal act;
3) pass of the persons, transport vehicles, cargo and goods through the State Border of the
Republic of Kazakhstan;
4) entry, temporary staying, residence, movement in a frontier belt and performance of
flights over the frontier belt;
5) carrying out of economic, fishing or another activity, conduct of public policy, cultural
or another events on the State Border and in a frontier belt, shall –
entail a fine on individuals in amount of ten, on subjects of small entrepreneurship – in
amount of fifteen, on subjects of medium entrepreneurship – in amount of twenty, on subjects
of large entrepreneurship – in amount of fifty monthly calculation indices.
2. The actions provided by a part one of this Article committed by a foreign person or
stateless person, shall –
entail a fine in amount of twenty monthly calculation indices with the confiscation of
transport vehicles and other subjects that are direct subjects for commission of the
administrative infraction, or administrative arrest for the term up to ten days or administrative
expulsion beyond the Republic of Kazakhstan.
Footnote. Article 514 with the change made by the Law of the Republic of Kazakhstan
from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first
official publication).

Administrative detention, i.e. short-term restriction of personal freedom of an individual,
representative of a legal entity, civil servant for the purpose of suppression of the infraction or
ensuring the proceeding, may be carried out by:
1) law-enforcement bodies – at identification of administrative offenses, cases of which
according to article 685 of the present Code are considered by law-enforcement bodies (
polices), or administrative offenses on affairs on which according to the subparagraph 1) of
part one of article 804 of the present Code make protocols on administrative offense;
2) commandant's office of the place where the state of emergency is declared, and by
military patrols – upon violation of regime of emergency situation and actions provoking the
violation of legal order in conditions of emergency situation;
3) civil servants participated in anti-terrorist operation within the established competence
– upon violation of a legal regime of anti-terrorist operation or non-performance of
requirements established due to declaration of anti-terrorist operation;
4) civil servants of the Frontier service of the National Security Committee of the
Republic of Kazakhstan – upon detection of administrative infractions considered by them in
accordance with a part three of Article 726 of this Code or administrative infractions on the
cases of which the protocols on administrative infractions shall be drawn up in accordance
with subparagraph 44) of part one of Article 804 of this Code;
5) senior military servant at location of protected object, employee of the internal affairs
bodies, special state bodies, civil servant of paramilitary security service – upon commission
of infractions linked with encroaching on the protected objects, other persons’ property;
6) authorities of forestry, wildlife, specially protected natural areas, exercising state
control and supervision, as well as specialized organizations of the authorized authority and
local executive authorities - when committing infractions in the field of forestry legislation of
the Republic of Kazakhstan, legislation of the Republic of Kazakhstan in the field of
protection, reproduction and use of the animal world in the field of specially protected natural
areas;
7) bodies of transport control – upon violation of the rules, the control of compliance of
which is carried out by these bodies;
8) officials of military police – at identification of administrative offenses, cases of which
according to article 727 of the present Code are considered by bodies of military police, or
administrative offenses on affairs on which according to the subparagraphs 4) and 5) of part
one of article 804 of the present Code make protocols on administrative offense;
9) authorities of state control in the field of environmental protection and use of natural
resources - in case of violation of environmental legislation;
10) civil servants of the state revenues bodies – upon commission of infractions in the
scopes of entrepreneurial activity, trade and finances, tax assessment, customs cases in
accordance with the jurisdiction of cases on administrative infractions;
11) it is excluded by the Law of the Republic of Kazakhstan from 4/6/2016 № 484-V (
shall be enforced after ten calendar days after day of its first official publication);
12) civil servants of the state mining supervision bodies, Frontier service of the National
Security Committee of the Republic of Kazakhstan, authorized body on geology and subsoil
use, bodies on environmental protection and natural resources, republican body of fishing
industry – upon commission of administrative infractions on a continental shelve, territorial
waters (sea) and internal waters linked with violation of the license conditions regulating
permitted activity on the continental shelve, territorial waters (sea) and internal waters of the
Republic of Kazakhstan, violation of the rules of conducting scientific or marine scientific
researches, violation of the rules of burial of wastes and other materials, non-performance of
legal requirements of civil servants of the bodies of protection of continental shelve, territorial
waters (sea) and internal waters of the Republic of Kazakhstan on stopping of the vessel or
impeding its carrying out;
13) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 № 272-V (
shall be enforced from 01.01.2015);
14) civil servants of the State Security Service of the Republic of Kazakhstan – if the
infraction is committed during conduct of protective measures on safety ensuring of protected
persons;
14-1) by officials of the authorized authority: in the field of veterinary medicine, on plant
quarantine - in case of violation of the rules, requirements, control and supervision over
compliance with which shall be carried out by these authorities; in the field of plant protection
- in case of violation of the rules, requirements, control over the observance of which shall be
carried out by this authority;
15) bailiffs – upon non-performance of requirements on termination of unlawful actions in
a room during a court session, as well as in the course of the forced execution of enforcement
documents.
Footnote. Article 787 as amended by the Law of the Republic of Kazakhstan dated
29.12.2014 № 272-V (shall be enforced from 01.01.2015); from 06.04.2016 № 484-V (shall
be enforced after ten calendar days after day of its first official publication); from 28.12.2017
№ 127-VI (shall be enforced after ten calendar days after day of its first official publication);
dated 28.10.2019 № 268-VI (shall be enforced upon expiry of ten calendar days after the day
of its first official publication); № 155-VIII of 10.01.2025 (shall enter into force ten calendar
days after the date of its first official publication).

1. Upon administrative detention, the protocol shall be drawn up. The protocol shall
contain data, time (to the exact minute) and place of its drawing up, position, last name and
initials of a person that drew up the protocol; details on personality of a detained person; time,
place and grounds for detention. The protocol shall be signed by a civil servant that drew it up
, and by a detained person. In case of refusal of the detained person to sign the protocol, the
relevant record shall be made. Copy of protocol on detention shall be delivered to the person
detained for commission of administrative infraction.
2. At the request of the person detained for commission of administrative offense his
relatives, administration in the place of work or study, the defender and also embassy,
consulate or other representative office of the foreign state in the order established by the
legislation of the Republic of Kazakhstan immediately are notified on the place of his stay.
About detention of the minor the notification of his parents or persons replacing them surely.
3. The military unit and bodies of military police within their competence in which the
detainee undergoes military collecting (military service) immediately are notified on
administrative detention of the serviceman or citizen called on military collecting.
4. The rights and obligations provided by this Code shall be explained to the detained
person, whereat the relevant record shall be made in a protocol of administrative detention.
5. Failure to explain the rights and obligations of a detained person is material violation of
the administrative infraction proceeding and shall entail the liability provided by the
legislation of the Republic of Kazakhstan.
6. The person detained in the manner established by this Code shall be subject to
immediate release upon failure of the circumstances that served as the ground for his (her)
detention.
7. The persons subjected to administrative detention shall be detained in premises
specially allocated for this, meeting the sanitary requirements and excluding a possibility of
their willful leaving.
8. Conditions for detention of persons subjected to administrative detention, food
standards and procedure for medical service of such persons shall be determined by the
bodies of executive power.
9. The minor persons in respect of whom the administrative detention is applied shall be
detained separately from adult persons.
Footnote. Article 788 with the changes made by the Law of the Republic of Kazakhstan
from 28.12.2017 № 127-VI (shall be enforced after ten calendar days after day of its first
official publication).

1. Administrative detention shall be carried out within a time required for achievement of
the purposes mentioned in Article 785 of this Code, and may last no more than three hours.
Beginning of the term of detention is the hour to the exact minute when restriction of
freedom of a detained person became real independently from attribution of any procedural
status to the detained person or performance of other formal procedures. The term of
administrative detention in respect of a person being in a state of alcohol intoxication – from
the time of his (her) detoxication certified by a medical worker. The expiry date of this term is
expiration of three hours calculated uninterruptedly from the time of factual detention.
2. A person against whom proceedings have been initiated for illegal entry into protected
facilities, breach of the legislation of the Republic of Kazakhstan in the area of population
migration, violation of the regime of the State Border of the Republic of Kazakhstan, border
and customs regimes or the regime at checkpoints across the State Border of the Republic of
Kazakhstan and the customs border of the Eurasian Economic Union, as well as on an
administrative offence on the continental shelf, territorial waters (sea) and internal waters of
the Republic of Kazakhstan, may be detained, where needed, to establish the identity and
clarify the circumstances of the offence for up to forty-eight hours with a written report
thereon to the prosecutor within twenty-four hours from the moment of detention. Persons
who have committed breaches of the order established due to the imposition of a curfew in an
area where a state of emergency or martial law has been declared may be detained by internal
affairs officers (police) or military patrols until the end of the curfew, and those who are not
in possession of documents may be detained until their identity is established, for a maximum
period of forty-eight hours.
3. The person concerning whom proceeding of the administrative offense attracting
administrative detention as one of measures of an administrative penalty is excited can be
subjected to administrative detention before consideration of the case about administrative
offense, but no more than twenty four hours.
Footnote. Article 789 with the changes made by laws RK from 28.12.2017 № 127-VI (
shall be enforced after ten calendar days after day of its first official publication); from
26.12.2017 № 124-VI (shall be enforced from 01.01.2018); № 155-VIII of 10.01.2025 (shall
become effective ten calendar days after the date of its first official publication).