On March 17, during a solemn event dedicated to the adoption of the Constitution, the Head of State stated about the possibility of holding the first administrative amnesty in the history of the country. We are talking about mitigating liability for offenses that do not pose a threat to the safety of citizens and the state, as well as the potential expansion of the humanistic approach to legal policy in general. However, specific categories of cases have not yet been determined and will be formed within the framework of legislative procedures.
Basic positions and approaches
Explaining possible approaches to a future amnesty, practicing lawyer Bakhtiyar Galimzhanov, in a comment to a Kazinform correspondent, notes that the current discussion is at the stage of developing general approaches. According to him, in the absence of specific legislative initiatives, the emphasis inevitably shifts to legal principles and established law enforcement practice. This allows you to set the scope of the discussion without being tied to specific articles.
– Of course, at the moment it is impossible to reliably determine which administrative offenses may fall under the amnesty. In this regard, I will state my position based on the general principles of law and law enforcement practice. Amnesty as a legal instrument is always associated with the humanization of legislation, but its application must take into account the principles of fairness, proportionality and legal certainty, he noted.
Developing his position, the expert draws attention to the fact that amnesty cannot be universal. According to him, the key criterion remains the degree of public danger of the offense, as well as the need to take into account the individual circumstances of each case. This approach helps maintain a balance in law enforcement.
– If we talk about possible approaches, then first of all attention is usually focused on compounds with a low degree of public danger or on standards containing evaluative characteristics. In the administrative sphere, these can be offenses without serious consequences. In this case, it is necessary to take into account the specific circumstances of each case and the principle of individualization of responsibility,” added Bakhtiyar Galimzhanov.
Who may be included: focus on vulnerable groups
Mazhilis deputy Aidos Sarym places greater emphasis on the practical side of future work. According to him, the discussion is still at an early stage, and the key stage will be the analysis of law enforcement under specific articles. This, according to the deputy, will make it possible to understand which categories of citizens may be affected.
– Now I can’t give a specific list of articles. Discussions are ongoing, but there is no bill yet. When the bill is developed, deputies will have the opportunity to see what articles can be additionally included. For each article there is judicial enforcement, and you need to understand how many categories of citizens are affected,” he explained.
At the same time, the deputy focuses on the social aspect of a possible amnesty. In his opinion, when developing mechanisms, it is important to take into account the situation of vulnerable categories of the population and their life circumstances. However, such decisions, he emphasizes, must be made on the basis of proven data.
“I proceeded from the principle that we still need to look at socially vulnerable groups of the population and provide them with opportunities to pay off these debts. For example, these could be people who find themselves in difficult life situations, large families, entrepreneurs with financial difficulties. But in each case there must be an evidence base confirming these circumstances,” noted Aidos Sarym.
From traffic rules to taxes: what is being discussed
According to the lawyer, the discussion may include offenses where the sanctions are disproportionate to the actual circumstances. In addition, we can talk about unintentional tax violations, petty hooliganism, individual traffic violations without consequences, as well as some migration offenses.
Commenting on this approach, Aidos Sarym emphasized that even with such proposals, it is important to take into account the boundaries of what is permissible and not extend the amnesty to sensitive categories.
“I believe that it is inappropriate to extend the amnesty to sensitive categories,” he said.
Developing this position, the deputy specifically focuses on offenses related to causing harm or affecting socially significant interests. In his opinion, such cases require individual consideration and should not fall under the amnesty mechanism.
– I made a deputy inquiry about people who, for example, drove drunk and committed a hit-and-run. Such cases where harm is caused should not be covered by amnesty. Even if there were no serious consequences, they have the opportunity to prove mitigating circumstances in court without applying for an amnesty. I believe it will be more honest,” Aidos Sarym emphasized.
3.7 million cases: the scale of administrative violations
According to the Committee on Legal Statistics and Special Records of the General Prosecutor’s Office, from January to March 2026, 3.73 million administrative offenses were registered in the country.
Thus, the administrative block remains the most widespread and forms the main burden on the law enforcement system.
As Bakhtiyar Galimzhanov notes, in the context of a possible amnesty, what is more important is not the volume of statistics themselves, but the content of offenses. He emphasizes that quantitative indicators do not always reflect the real degree of public danger, which requires a more balanced approach.
– Statistics show the scale of law enforcement, but do not always reflect the degree of public danger of each individual composition. Therefore, when discussing an amnesty, it is important to take into account not only the numbers, but also the legal nature of the acts, as well as the goals of punishment, added Bakhtiyar Galimzhanov.
Today, against the backdrop of millions of administrative cases, a possible amnesty is considered as a targeted mechanism for humanizing legislation. At the same time, the positions of experts largely agree: the key issue remains the criteria for selecting offenses and maintaining a balance between mitigating liability and protecting public interests.
The final parameters of the initiative will become clear only after the appearance of the bill and the start of its discussion in parliament. It is then that it will be determined which categories of cases the state will consider permissible to review, and which will remain outside the scope of the amnesty.
Until this moment, the discussion remains open – and in many respects it will depend on the selected criteria whether the amnesty will become a mass solution or remain targeted.
We would like to remind you that in the fall, work was completed to release those who fell under the amnesty declared in honor of the 30th anniversary of the Constitution.
