An administrative offense cannot be initiated, and what has been initiated is subject to termination upon the expiration of the statute of limitations for administrative liability.
By a resolution of the Kostanay District Court dated September 14, 2016, A. was brought to administrative responsibility under part 1 of Article 610 of the Code of Administrative Offenses (hereinafter referred to as the Administrative Code) and subjected to administrative punishment in the form of a fine of 10 MCI in the amount of 21 210 tenge. By the decision of the judicial Board for Civil Cases of the Kostanay Regional Court dated October 14, 2016, the decision of the court of first instance remained unchanged. Having heard the conclusion of the prosecutor in support of the protest, the explanations of the police inspector, the victim and the person brought to administrative responsibility, who asked to satisfy the protest, having examined the case materials, the specialized judicial board of the Supreme Court considers that the protest should be satisfied on the following grounds. It follows from the protocol on an administrative offense dated September 3, 2016, that on June 24, 2016, at 22:20, citizen A. was driving an Opel Astra vehicle in the village of Zatobolsk, Kostanay region. Having failed to take the appropriate extreme position on the carriageway before the U-turn, intended for movement in that direction, he collided with a Volkswagen vehicle driven by K., as a result of which the latter suffered material damage. By the courts of lower instances, A.'s actions were correctly qualified under Part 1 of Article 610 of the Administrative Code. However, in accordance with subparagraph 2) of Article 840 of the Administrative Code, the improper application of the law on administrative responsibility is the basis for the cancellation of the decision in the case of an administrative offense. As follows from the case file, the traffic accident occurred on June 24, 2016, and the protocol on an administrative offense against A. was drawn up on September 3, 2016, that is, two months after the date of the administrative offense.
An administrative offense cannot be initiated, and what has been initiated is subject to termination upon the expiration of the statute of limitations for administrative liability.
In accordance with part 1 of Article 62 of the Administrative Code, a person is not subject to administrative liability after two months from the date of the commission of an administrative offense. By virtue of subparagraph 5) of part 1 of Article 741 of the Administrative Code, proceedings on an administrative offense case cannot be initiated, and those initiated are subject to termination upon expiration of the statute of limitations for administrative liability. Conclusions of the court of appeal on the absence of grounds for termination of the case after the expiration of the statute of limitations for the involvement of A. administrative charges with reference to part 5 of Article 62 of the Administrative Code are erroneous, since the presence of administrative material in relation to K. cannot be a reason for suspending the period of bringing A. to administrative responsibility. In this regard, the arguments indicated in the prosecutor's protest about the expiration of the statute of limitations for bringing A. to administrative responsibility and the termination of the proceedings are well-founded. In view of the above, the specialized judicial board of the Supreme Court annulled the judicial acts of the local courts. The proceedings in the case of an administrative offense against A. were terminated after the expiration of the statute of limitations for administrative liability. The protest of the Deputy Prosecutor General of the Republic of Kazakhstan is satisfied.
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