Any administrative case can go to court: Art. 683(4) CAO

In short:

In short: on a written request, any administrative offence case is heard by a court rather than by the body that drew up the report (Art. 683(4) of the Code of Administrative Offences). The request must be filed before the case is considered.

Any administrative offence case can be passed to a judge — under any article of the Code of Administrative Offences. All you need to do is ask for it in writing before the case is considered.

The report was drawn up by a police officer or an inspector, and it is the same agency that will decide whether you are guilty. Many people assume there is no choice: wait for the decision and appeal afterwards. That is not the case.

The right to demand a court is set out in Article 683(4) of the Code of Administrative Offences. It follows from the constitutional right to judicial protection, and the law makes no exceptions to it.

In short: on a written request by the person against whom proceedings are brought, a case concerning any offence in the Special Part of the Code of Administrative Offences is heard by a judge rather than a state body (Art. 683(4)). The request must be made before the case is considered, and no reasons are required. A court does not guarantee that the fine will be cancelled, but the decision is made after a genuine review of your arguments.

What the law says

Article 683(4) of the Code of Administrative Offences reads:

“In accordance with Article 24 of this Code, on a written application by the person against whom proceedings in an administrative offence case are being conducted, a case concerning any offence provided for by the Special Part of Section 2 of this Code shall be heard by a judge if the application is filed before the administrative offence case is considered.”

As a rule, the Code splits cases between courts and state bodies. Your application changes that split:

Which cases	Who hears them	Provision
The penalty includes arrest, deprivation of a special right (including a driving licence), confiscation, expulsion or compulsory demolition	Court only	Art. 683(3)
Other cases assigned to state bodies	Officials of state bodies	Art. 683(2)
Any case — if you asked in writing before it was considered	Court	Art. 683(4)
A case concerning a minor or a person unable to protect their own rights — on the application of a legal representative	Court	Art. 683(5)

The provision rests on the Constitution:

Article 12(2) of the Constitution: everyone has the right to judicial protection of their rights and freedoms;
Article 41(3) of the Constitution: the rights under Article 12 may not be restricted in any circumstances;
Article 24 of the Code of Administrative Offences restates the right to judicial protection and prohibits changing jurisdiction without the person’s consent.

The Ministry of Justice’s commentary on the Code explains that the body must send such a case to court, and the court must accept and hear it. Because the provision contains no exceptions, it covers any offence that a state body would normally decide.

Why ask for a court to hear the case

The key difference is the independence of the decision-maker. In a state body, the case is often decided by the head of the same agency whose officer drew up the report. A judge answers only to the Constitution and the law (Article 78(1) of the Constitution).

The right to be heard. The Constitution enshrines it as a principle of justice (Article 78(3)(2)).
A proper review of the evidence. In court it is easier to have witnesses examined and to obtain video recordings and other material.
An open hearing and representation. A lawyer can defend your interests under a power of attorney.

A court is no guarantee that the fine will be cancelled. The judge will hear the case afresh and may impose a penalty within the limits of the article. But the decision will follow a real review of your arguments, not just the material in the report.

How to transfer an administrative case to court: five steps

Step 1. Do not miss the deadline. The application can only be filed before the case is considered. Once a decision has been issued, only an appeal remains.
Step 2. State it in the report straight away. In the section for explanations, write: “I do not agree with the offence. Under Article 683(4) of the Code of Administrative Offences, I ask that the case be referred to court.” Make sure you take a copy of the report.
Step 3. Repeat it in a separate motion to the body handling the case (its address is usually given in the report or notice). Hand it in yourself and get an acceptance stamp on your copy, or send it by registered post with acknowledgement of receipt.
Step 4. Keep proof of filing: the copy of the report, your copy with the incoming reference number, the postal receipt and the acknowledgement of delivery.
Step 5. Prepare for court. Collect photos, video, witness contacts and documents, and wait for the court’s notice.

You do not need to explain why you want a court: the law does not make the right to a judicial hearing depend on your reasons.

Important caveats

The deadline is strict. The right applies only until the case is considered. If a decision has already been issued, file an appeal within the time limit stated in it.
Do not agree to an “on-the-spot fine” if you dispute the offence. Say plainly that you contest it and ask for a report to be drawn up — that is where you request the transfer to court.
Camera fines and orders to pay a fine follow special rules and have their own deadlines. Act within the time limits stated in the document and consult a lawyer if in doubt.
Cases involving arrest, loss of a licence or confiscation are heard only by a court anyway (Art. 683(3)), so no separate application is needed.
If the body ignored your motion and issued a decision itself, that is a strong ground for appeal: the case was decided by the body that was required by law to refer it to court. That is why proof of filing matters so much.
For a minor or a person unable to protect their own rights, the application is filed by a legal representative — in writing or as an electronic document with a digital signature (Art. 683(5)).

Conclusion

A court is not a last resort but your constitutional right from the very start of the case. One line in the report changes who decides your fate: an independent judge instead of the agency.

If a report has been drawn up against you, the lawyers at Osmar Group can help prepare the motion, gather evidence and represent you in court.

Author: Alibek Baibulov.

Frequently asked questions

Can any administrative case be transferred to court?

Yes. Under Article 683(4) of the Code of Administrative Offences, on a written application by the person against whom proceedings are brought, a case concerning any offence in the Special Part of the Code is heard by a judge.

Until when can I file the application?

Only before the case is considered. If a decision has already been issued, an appeal within the time limit stated in it is the remaining option.

Do I have to explain why I want a court?

No. The law does not make the right to a judicial hearing depend on your reasons.

Will the court cancel the fine?

Not necessarily. The judge will hear the case afresh and may impose a penalty within the limits of the article, but the decision will be made after your arguments and evidence have been examined.

Any administrative offence case can be transferred to a court