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Code of the Republic of Kazakhstan on Administrative Offences
Article 1. Legislation of the Republic of Kazakhstan on administrative offences 1. Legislation of the Republic of Kazakhstan on Administrative Offences consists of this Code of the Republic of Kazakhstan on Administrative Offences. Other laws to administrative liability shall apply only after their inclusion in this Code. 2. This Code is based on the Constitution of the Republic of Kazakhstan, the universally recognized principles and norms of international law. 3. International treaty and other obligations of the Republic of Kazakhstan, as well as regulations of the Constitutional Council and the Supreme Court of the Republic of Kazakhstan regulating administrative tort relationship are an integral part of the law on administrative offences. 4. International treaties ratified by the Republic of Kazakhstan shall have priority over this Code and apply directly, unless the international treaty that its application requires the promulgation of a law. If an international treaty ratified by the Republic of Kazakhstan stipulates other rules which provided by the legislation of the Republic of Kazakhstan on Administrative Offences, in that case the rules of the international treaty will be applied.
Article 2. Basis of administrative responsibility The basis of administrative responsibility is an act that contains all the elements of the offence provided for in the Special Part of this Code.
Article 3. Authority of local representative bodies to establish rules, violation of which provides for administrative liability 1. In order to ensure public order and safety in the event of natural and man-made disasters local representative regional, cities and the capital, towns and districts may, within its competence to establish rules, violation of which a person may be held administratively liable under articles 362 and 363 of this Code. 2. Local representative bodies of regions, cities and the capital may also establish rules, violation of which administrative liability provided in Article 281-1, 300, 310, 311, 387 of this Code.
Article 4. The laws of the Republic of Kazakhstan on the responsibility for administrative offences in the space 1. A person who commits an administrative offence in the territory of the Republic of Kazakhstan shall be liable under this Code. 2. Administrative offence committed in the territory of the Republic of Kazakhstan, is an act that is initiated or continued, or was completed in the territory of the Republic of Kazakhstan. This Code shall also apply to administrative offences committed on the continental shelf and the exclusive economic zone of the Republic of Kazakhstan. 3. A person who commits an administrative offence on a vessel registered in a port of the Republic of Kazakhstan, located in open water or airspace outside of the Republic of Kazakhstan, is subject to administrative proceedings under this Code, if not provided by an international agreement of the Republic of Kazakhstan. The person who has committed an administrative offence on a warship or military aircraft of the Republic of Kazakhstan has administrative responsibility, regardless of its location, according to this code. 4. Issue of administrative liability of diplomatic representatives of foreign states and other foreigners, who enjoy immunity in the case of these persons offence in the Republic of Kazakhstan is resolved in accordance with international law.
Article 5. Validity of the legislation regarding liability for administrative offences in time 1. A person who commits an administrative offence shall be liable under the law in force at the time of commission of the offence. 2. Time of committing an administrative offence will be the time of the offence under the special part of this Code, regardless of the time of the consequences.
Article 6. Retroactivity of the law on administrative offences 1. Laws removing or mitigating the responsibility for the administrative offence will be retroactive, that is, apply to offences committed prior to the introduction of the law in action. 2. The law establishing or increasing penalties for administrative offences or otherwise worsening the situation of the perpetrator, not retroactive.
Chapter 2. The objectives and principles of the law on administrative offences
Article 7. Objectives of the legislation of the Republic of Kazakhstan on administrative offences 1. Administrative Offences has the task of protecting the rights, freedoms and legitimate interests of human and citizen, health, sanitary and epidemiological welfare of the population, the environment, public morality, property, public order and the security of the established order of the government, legally protected rights and interests of organizations of administrative offences, as well as preventing the execution. 2. To fulfill this task the legislation on administrative offences establishes the basis and principles of administrative responsibility to determine which acts are administrative offences ands of penalties imposed for their commission, and which administrative penalty, by what state body (official) and the order can be imposed on the person who committed the administrative offence.
Article 8. The principles of legislation on administrative offences The meaning of the principles of legislation on administrative offences is that their violation, depending on its nature and materiality implies recognition of the proceedings held invalid, acquitted in such a proceeding or recognition solutions assembled with materials that do not have the strength of evidence.
Article 9. Legitimacy 1. Administrative offences and administrative measures and legal impact imposed for committing them, are determined only by this Code. No one will be subjected to administrative punishment, administrative and legal measures or measures of the impact on the case on an administrative offence except on the grounds and in the manner prescribed by this Code. 2. The court, the bodies (officials) authorized to consider cases on administrative offences, during the proceedings on administrative offences must strictly follow the requirements of the Constitution of the Republic of Kazakhstan, of this Code and other regulatory legal acts referred to in Article 1 of this Code. The Constitution of the Republic of Kazakhstan shall have supreme legal force and direct effect on the entire territory of the Republic of Kazakhstan. In case of conflict between the rules established by the law and the Constitution of the Republic of Kazakhstan, the provisions of the Constitution shall be applied. 3. The courts are not entitled to apply laws and other regulatory legal acts which infringing on the rights and freedoms of man and citizen. If the court finds that a law or other legal act subject to application infringes the rights and freedoms of the man and citizen, it shall suspend the proceedings and request the Constitutional Council of the Republic of Kazakhstan with the proposal to declare that law to be unconstitutional. Upon receipt of the court decision of the Constitutional Council of the proceedings resumed. Court decisions and bodies (officials) authorized to consider cases on administrative offences, based on law or other normative legal act declared unconstitutional shall not be enforceable. 4. Violation of the law by the court, agencies (officials) authorized to consider cases on administrative offences, during the proceedings on administrative offences prohibited and entail liability under the law, for annulment of acts and their abolition.
Article 10. Exclusive competence of the court 1. Court jurisdiction, the limits of its jurisdiction, the order of their proceedings on administrative offences, determined by law and cannot be arbitrarily changed. The establishment of emergency or special courts under any kind of name is not allowed. Decisions of emergency courts and other courts established illegally have no legal force and are not subject to be fulfilled. Acquiring of powers of the court by any person will be liable under the law. 2. The court decision, which carried out in the proceedings on administrative offences outside of its, jurisdiction, exceeded its authority or otherwise provided herein violated the principles of legislation on administrative offences are illegal and must be rescinded. 3. Court decisions on administrative offences can be tested and reviewed only by the competent courts in the manner provided in this Code.
Article 11. Equality before the law Persons who have committed administrative offences are equal before the law and are subject to administrative liability, regardless of origin, social, property status, race, nationality, creed, sex, language, religion, and occupation, place of residence, membership of public associations as well as any other circumstances.
Article 12. Presumption of innocence 1. individual against whom the administrative proceedings will be presumed innocent until his guilt is proven in a manner prescribed by this Code and has entered into legal force of the decision of the judge, body (official), who considered the case within their powers. 2. No one is required to prove his innocence. 3. Any doubts about the guilt will be interpreted in favor of the person against whom the administrative proceedings. In his own good and doubts should be resolved in the application of the law on administrative offences.
Article 13. The principle of guilt0 1. A individual is subject to administrative liability only for those offences, in respect of which his fault. Objective imputation, that is, the administrative responsibility for innocent causing physical harm to a person, is not permitted. 2. Guilty of an administrative offence will be a individual who committed the offence intentionally or negligently.
Article 14. Inadmissibility of repeated imposition of administrative sanctions No one can be prosecuted twice for the administrative responsibility for the same offence.
Article 15. The principle of humanity 1. Legislation of the Republic of Kazakhstan on Administrative Offences provides human security. 2. Administrative penalty to apply to the person who committed the offence, cannot be intended to cause physical suffering or humiliation of human dignity.
Article 16. Personal immunity 1. No one shall be subject to administrative detention, delivered to the authority of the Interior (police) or other government agencies, personal search and examination are represented by physical things except on the grounds and in the manner prescribed by this Code. 2. Arrest as a measure of an administrative penalty may be imposed only by the decision of the judge in the cases and in the manner prescribed by this Code. 3. Every detainee, delivered to the authority of the Interior (police) or any other government agency, immediately communicated on the grounds for detention, bringing, and legal description of the administrative offence, the commission of which he is charged. 4. Public body (official) must immediately release the illegally detained, delivered under arrest over the period provided for the decision of the judge. 5. No one involved in the case of an administrative offence persons may not be subject to violence, cruel or degrading treatment. 6. Commission in the course of the proceedings of an administrative offence against the will of the person or his representative actions violating habeas corpus, is possible only in cases and in the manner expressly provided in this Code. 7. Keeping a person in respect of whom a detention is taken as a measure of administrative punishment and the person subjected to administrative detention should be conducted in conditions that exclude a threat to his life or health. 8. The damage caused to an individual as a result of an unlawful arrest, detention in conditions that are dangerous to life and health, ill-treatment will be compensated in the manner provided by law.
Article 17. The dignity of the individual 1. During the proceedings on administrative offences prohibited decisions and actions, humiliate or diminish the dignity of the person involved in the case, is not permitted to collect, use, and dissemination of information about the private life, as well as personal information that the person finds it necessary to keep secret, for purposes other than provided herein. 2. Moral damage caused to a person in the course of proceedings on administrative offences by illegal actions of the court, other state agencies and officials shall be compensated in accordance with the law.
Article 18. Privacy Private life, personal and family secrets are protected by law. Everyone has the right to confidentiality of personal deposits and savings, correspondence, telephone conversations, postal, telegraph and other messages. Restrictions on these rights in the course of proceedings of an administrative offence will be allowed only in cases and in the manner expressly provided by law.
Article 19. Inviolability of property 1. The property is protected by law. No one may be deprived of his property except by court order. 2. Seizure of property and documents; removal from driving, small boat, detention of the vehicle, recreational vessel, inspection of vehicles, small boats, survey the area, premises, vehicles, goods or other property, as well as the relevant documents may be made only in cases and in the manner provided by this Code.
Article 20. The independence of judges 1. The judge in administration of justice is independent and subject only to the Constitution of the Republic of Kazakhstan and the law. 2. Judges and courts settle cases on administrative offences under conditions that exclude outside influence on them. Any interference in the activities of the courts of justice is prohibited and punishable by law. On specific cases, judges are not accountable. 3. Guarantees of independence of judges established by the Constitution of the Republic of Kazakhstan and the law.
Article 21. Language production 1. Proceedings of administrative offences of the Republic of Kazakhstan are conducted in the official language, and if necessary in the production together with the State shall be used Russian or other languages. 2. The judge, the bodies (officials) authorized to consider cases on administrative offences, the decision on administrative offence of production determine the language of the case. Production of one and the same case is a language of production shall be established by court order, a body (official) authorized to consider cases on administrative offences. 3. To involving persons in the case who do not know or not know the language in which the proceedings are conducted, shall be explained the right to make statements, give explanations and testimony, petitions, make complaints, to get acquainted with the case, to act when viewed in their native language or other language they speak, use free of an interpreter services. 4. Participating in proceedings in administrative cases individuals provide free translation into language of production they need under the law of the case as set out in another language. 5. Procedural documents to be delivered to the offender and the victim, must be translated into their native language or in a language they know. 6. Costs of translation and interpreter services are paid for by the state budget.
Article 22. Exemption from the obligation to testify 1. No one is obliged to give evidence against himself, wife (husband) and their close relatives the set of whom is determined in the law. 2. The clergy are not required to testify against those who confided in him in confession. 3. In cases provided for in parts one and two of this Article, the persons entitled to refuse to testify and cannot be subjected for it whatever was responsible.
Article 23. Ensuring the right to qualified legal assistance 1. Everyone has the right to receive in the course of administrative proceedings of qualified legal assistance in accordance with the law. 2. In cases provided by law, legal assistance is provided free of charge.
Article 24. Publicity of proceedings on administrative offences 1. The court, body the (officials) authorized to consider cases on administrative offences are engaged in the manufacture of these cases open. 2. In accordance with the law the close proceeding is conducted in respect of cases that contain information that is a state secret, as well as in meeting the court, body (official) authorized to consider cases on administrative offences, motions involved in the case of the person claiming the need to ensure the confidentiality of adoption, preservation of personal, family, business or other secret protected by law, information about intimate aspects of the lives of individuals or to other circumstances that prevent public hearing. 3. Personal correspondence and private individuals telegraph messages may be read with an open production only with the consent of persons between whom there were conversations and telegraphic communications. Otherwise, personal correspondence and private telegraph messages of these individuals were read and analyzed in the closed proceedings. These rules are applied in the study of photography and film documents, audio and video recordings that contain personal information. 4. Persons involved in the case, and individuals present at the open proceedings, have the right to record in writing or using audio production course with the space used in the room where production takes place. Cinema and photography, video, live radio and TV broadcasts in the production are allowed by the Court, a body (official) authorized to consider cases on administrative offences, considering the opinion of those involved in the case. These actions should not interfere with the normal course of production and may be limited in time.
Article 25. Security during production Proceedings on administrative offences occur in conditions that ensure the normal operation of vessels body (official) authorized to consider cases on administrative offences, and safety of production. In order to ensure the safety of the judge or official may order the inspection of persons wishing to attend the proceedings, including the verification of documents certifying their identity, personal search and search of the bringing things.
Article 26. Freedom appeal proceedings and decisions 1. Actions and decisions of the court, a body (official) authorized to consider cases on administrative offences may be appealed in the manner prescribed by this Code. 2. Person involved in the case, has the right to review decisions on cases of administrative offences in the manner prescribed by this Code. 3. Handling complaints is not allowed to harm to the complainant or to the detriment of the person on whose behalf it was filed.
Article 27. Judicial protection of rights, freedoms and legitimate interests of the person 1. Everyone has the right to legal protection of his/her rights and freedoms. The person concerned has the right to the procedure established by law, apply to the court for the protection of violated or disputed rights, freedoms or legitimate interests. 2. The prosecutor has the right to move the court with a claim (application) in order to implement its responsibilities for protecting the rights of individuals, organizations, public and state interests. 3. The jurisdiction to no one can be changed without his/her consent, as stipulated by law.
Section 2. Administrative offence and administrative responsibility
Article 28. Administrative infraction 1. Administrative offence is regarded as wrongful, culpable (intentional or negligent) act or inaction of an individual, or wrongful act or inaction of a legal entity for which this Code provides administrative liability. 2. Imposition of an administrative penalty on an individual is not exempt from liability for the offence is a legal entity, as well as to administrative liability of legal entity s does not exempt from liability for the offence is guilty of an individual. 3. Administrative responsibility for the offences under articles of this Code occurs when these offences by their nature do not entail in accordance with the laws the criminal responsibility.
Article 29. Intentionally committing of an administrative offence Administrative offence will be deemed committed intentionally, if the individual who committed it, perceived the illegality of his/her actions (or inaction), foresaw its harmful effects and desired or consciously allowed these consequences or treated them indifferently.
Article 30. Committing of an administrative offence by negligence An administrative offence regarded as committed by negligence, if the individual who committed it, foresaw the possibility of harmful consequences of his actions (inaction), but without sufficient reason lightly counted on to prevent them, or did not foresee such consequences, but with proper care and foresight should have and could have foreseen them.
Chapter 4. Administrative responsibility
Article 31. Persons subject to administrative liability Administrative responsibility shall be liable to: 1) physical sane person who has reached the age established by this Code; 2) a legal entity.
Article 32. Age from for which the administrative responsibility of the individual will be Administrative responsibility is subject to an individual in the time of committing an administrative offence from the age of sixteen.
Article 33. Insanity Administrative liability is not subject to a person who at the time of the wrongful act provided for in this Code, was insane, that he/she could not understand the actual nature of the danger of his/her actions (inaction) or control due to chronic mental illness, temporary mental disorder, dementia or any other mental condition.
Article 34. Administrative responsibility of officials and other persons performing managerial responsibilities, individual entrepreneurs, private notaries, private bailiffs and lawyers 1. Official shall be subject to administrative liability, in connection with the failure or improper performance of his duties. In the absence of this circumstance officer guilty of an administrative offence will be liable on the same basis. 2. Individuals registered in the manner prescribed by law and exercising self-employed without a legal entity (hereinafter - the individual entrepreneur), private notary, private bailiff, a lawyer, as well as employees of individuals and legal entity s who perform management or administrative-economic functions as well as the legal entity shall be administratively liable as officials. 3. If the provisions of this Code does not specify whether they apply to individual who are officials, private entrepreneurs, private notaries, private bailiffs, lawyers, these rules apply to all individuals, except in cases where the content of these rules, they apply and can be applied only to individual who are officers, individual entrepreneurs, private notaries, private bailiffs, lawyers. Note. Officials in the Code as persons permanently, temporarily or on special authority performing functions a government official or perform management or administrative functions in state bodies, bodies of local self-government and the Armed Forces of the Republic of Kazakhstan, other troops and military formations Republic of Kazakhstan.
Article 34-1. Features of administrative responsibility in fixing the offence by special technical means 1. In the case of fixation of an administrative offence by customs certified measurers and instruments to administrative responsibility for administrative offences in the field of traffic proprietors (owners) of the vehicles are brought to. 2. Proprietor (owner) of the vehicle is released from liability for offences committed with the vehicle, if the audit on its submission or statement will be established person in whose possession it was in the time of the offence or commit it or it was dropped out of his possession as a result of wrongful acts of other persons. Note. Vehicle owners in the Articles of this Code are recognized as individuals who own the vehicle on the right to property, as well as individuals that vehicles belonging to individuals and legal entities are transferred to a temporary possession and use. Certified special control measuring means and instruments in the Articles of this Code are the equipment and monitoring devices and fixing offences passed metrological verification, photo, video, documenting and time of the offence, the, grade, state registration number plate, the speed and direction of the vehicle.
Article 35. Administrative responsibility of the military serviceman, prosecutor and other persons who are subject to disciplinary regulations or special provisions for committing administrative offences 1. Military personnel and military training camp located on military service shall be responsible for administrative offences in disciplinary statutes, except as provided for in Articles 512-1 - 512-5 of this Code. Prosecutors, officers of law enforcement bodies, the financial police officers, special government agencies and customs bodies for administrative offences will be liable in accordance with the regulations governing the procedure for serving the relevant bodies. 2. For violation of the state border of the Republic of Kazakhstan, the regime checkpoints across the state border of the Republic of Kazakhstan and the customs border of the Customs Union, the laws of the Republic of Kazakhstan in the field of sanitary and epidemiological safety, fire safety, traffic, customs outside the duty station, the legislation of the Republic of Kazakhstan on accounting and financial reporting, budget and tax legislation of the Republic of Kazakhstan, the Republic of Kazakhstan legislation on public procurement, rules of hunting, fishing, and other rules and regulations of the rational use and protection of natural resources of the persons mentioned in the first part of this article, have administrative responsibility for general practice. The indicated persons may not applied by administrative penalties of prohibiting the carrying and storage of firearms and bladed weapons and jail. 2-1. The administrative penalty in the form of administrative fines could not applied to servicemen undergoing military service, and students of military and special schools. 3. Persons other than those specified in part one of this Article, are subject to the disciplinary regulations and special provisions of the service, in the cases expressly provided for by these acts are for administrative offences in office disciplinary action and, in other cases - administrative responsibility for general practice. 4. Bodies (officials) who have the right to impose administrative penalties may instead impose administrative penalties on the persons mentioned in the first part of this Article, to transfer the material to the appropriate bodies for violations address the issue of bringing the guilty persons to disciplinary action. 5. Employees of rail, sea and river transport and civil aviation, are subject to the regulations of the discipline, are in accordance with those statutes disciplinary sanctions for committing duty following administrative offences: railway staff - infringements referred to in Articles 439, 440, 441, the first part of Article 477, Article 479 and 480 of this Code; employees of sea transport - violations under articles 441, 448, 449, 450, the second part of Article 477, Article 479, 480 of this Code; river transport workers - violations under articles 441, 450-453, 455, the second part of Article 477, Article 479, 480 of this Code; civil aviation - violations under articles 443, 446, paragraph one of Article 447, the third part of Article 477, Article 479, 480 of this Code.
Article 36. Administrative liability of legal entities 1. A legal entity is subject to administrative responsibility for administrative offences in the cases provided for the special part of this section. 2. A legal entity is subject to administrative responsibility for administrative offences, if provided special part of this section of the act was committed, authorized, approved, authority or person acting as the management of legal entity. 3. If the provisions of this Code does not specify whether they apply to the individual or legal entity, these rules equally apply to one and the other person, except in cases where the meaning of these rules, they are and can only be applied to an individual. 3-1. If the provisions of this Code does not specify whether they apply to entities that are the subjects of small and medium businesses, large businesses, or other organizations, these rules equally apply to all legal entities, except where the content of these rules they belong and can be applied only to entities that are the subjects of small, medium business and large business. 3-2. Depending on the of activity undertaken, number of employees and average annual value of assets per year state-owned enterprise is subject to administrative liability in the manner provided for legal entities of small or medium or large business, except in cases where administrative penalties are equally effective for all legal entities. 4. Structural units of a legal entity, a separate taxpayer and committed administrative offences in the field of taxation, have administrative responsibility as legal entities.
Article 37. Administrative responsibility of foreigners and foreign legal entities and stateless persons 1. Foreigners, foreign legal entities and stateless persons who have committed in the territory of the Republic of Kazakhstan administrative offences subject to administrative liability on the same grounds. 1-1. Structural subdivisions (branches and representative offices) of foreign and international non-governmental organizations have administrative responsibility for violation of the legislation of Kazakhstan on associations as legal entities. 2. Foreigners and foreign legal entity s, stateless persons for committing administrative offences, encroaching on the sovereign rights of the Republic of Kazakhstan on the continental shelf of the Republic of Kazakhstan will be administratively liable on the same basis. 3. The issue of administrative responsibility for administrative offences committed in the territory of the Republic of Kazakhstan by diplomatic representatives of foreign states and other foreigners, who enjoy immunity is resolved under international law.
Chapter 5. Circumstances precluding administrative responsibility
Article 38. Necessary defense 1. Not committing an administrative offence under this Code acts in self-defense, that is when protecting their persons, houses, property, land and other rights of defendant or other persons legally protected interests of society or the state of an unlawful attempt by an attacker to cause harm if that were not exceeded the limits of self defense. 2. The right to self-defense are equally all individuals, regardless of their professional or other special training and service provision. This right belongs to the person, regardless of ability to avoid an unlawful attempt or seek the assistance of other persons or public bodies. 3. Excessive force recognized apparent inconsistency protect nature and severity of attacks, resulting harms caused an excessive, do not cause harm to environment. Such excess entails administrative liability except in cases of intentional harm. 4. No person shall be subject to administrative liability, exceed the limits of self-defense as a result of fear, fear or confusion caused by unlawful acts.
Article 39. Detention of a person who has committed an infringement 1. Not committing an administrative offence under this Code acts with detaining a person who has committed an unlawful assault, for delivering the person's state bodies and prevent them from committing new encroachments, if other means to detain such a person could not be identified and thus were not exceeded required for this measures. 2. Excess of the measures necessary to apprehend the perpetrator of abuse, recognize their apparent inconsistency nature and extent of danger of assault and detain a person detained circumstances where a person without having caused an excessive, do not cause harm to environment. Such excess entails administrative liability except in cases of intentional harm. 3. Authority to detain a person who committed an attack, along with a specially authorized persons also have the victims and other individuals.
Article 40. Emergency 1. Not an administrative offence to harm the interests protected by this Code in a state of emergency, that is to eliminate the imminent danger to life, health, rights and lawful interests of the person or others, the interests of society or the state, if the danger could not be eliminated by other means, and not exceeding the permitted limits of extreme necessity. 2. Exceeding the limits of extreme necessity is recognized harm, is clearly not appropriate to the nature and degree of danger and the environment in which the danger was eliminated, when the protected interests have been injured, equal to or greater than the prevention. This excess leads to liability only in cases of intentional harm.
Article 41. Reasonable risk 1. Not an administrative offence to harm the interests protected by this Code for a reasonable risk to achieve socially useful purpose. 2. The risk regarded as justified if the specified goal could not be achieved without the risk associated with the actions (or inaction) and the person who committed the risks taken sufficient measures to prevent harm to the interests protected by this Code. 3. The risk is not regarded as justified if it was deliberately endangered the life or health of people, environmental disaster, public calamity or other serious consequences.
Article 42. Physical or mental coercion 1. Not an administrative offence committing an offence under this Code, as a result of physical or psychological coercion, if as a result of coercion person could not control his actions (or inaction). 2. Issue of administrative liability for damage the interests protected by this Code through psychological coercion, and as a result of physical coercion, because of which the person retaining the ability to control his actions, is solved subject to the provisions of Article 40 of this Code.
Article 43. Execution of an order or regulation 1. Not an administrative offence is committing an offence under this Code, the person acting pursuant to a compulsory order or regulation. Administrative responsibility for the commission of such an act is the person who gave the illegal order or regulation.
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