Comment to Article 391. Violation of the rules of driving or operating cars of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Violation of the rules of driving or operating a combat, special or transport vehicle, which negligently caused serious or moderate harm to human health, —      

is punishable by arrest for a term of up to six months, or by detention in a disciplinary military unit for a term of up to two years, or by imprisonment for a term of up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.      

2. The same act that negligently caused the death of a person, —      

is punishable by imprisonment for a term of up to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.      

3. The act provided for in the first part of this Article, which negligently caused the death of two or more persons, —      

is punishable by imprisonment for a term of five to ten years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

     The public danger of violating the rules of driving or operating a combat, special or transport vehicle lies in the threat to human life and health, in the fact that it reduces the defense capability of the state, leads to the disruption of military activities.      

Recognizing the same social danger of violations of the rules of driving cars and violations of the operation of cars, the legislator formulated these independent types of crimes in the form of alternative elements of one crime.      

The direct object of the crime is the established procedure for driving and operating combat, special or transport vehicles, ensuring the safety of their movement.      

The rules of driving cars are defined by both special military legal norms and the "Rules of the Road of the Republic of Kazakhstan" dated November 25, 1997 (as last amended and supplemented), and are mandatory for all persons who directly drive a combat, special transport vehicle.      

The rules for the operation of vehicles are a set of norms contained in these acts, which, in turn, prescribe to certain persons the obligation to create favorable conditions for the safe use of military vehicles.      

A combat vehicle is a self—propelled vehicle specially designed to destroy enemy manpower or military equipment. These include tanks, infantry fighting vehicles (infantry fighting vehicles), armored personnel carriers (APCs), self-propelled artillery and rocket launchers (SA and RU), vehicles designed to tow artillery systems and trailers with fire control equipment, other self-propelled vehicles, motorcycles, which are used in the Armed Forces of the Republic of Kazakhstan in order to fulfill their duties. their tasks.      

Special machines are self—propelled technical means used for a special, special purpose, corresponding to the type of machine or the equipment installed on it. Various engineering vehicles (trenchers, bulldozers, grubbers, and the like), sanitary transport, mobile repair shops, laboratories, and so on are special.      

Vehicles are considered vehicles intended for the transportation of personnel, weapons, ammunition, military equipment, as well as vehicles used for daily economic, cultural, medical and other services of a military unit.      

The objective side of the crime consists of three mandatory signs, which are understood as: violation of the rules of driving or operating cars; causing harm to human health or death; the presence of a causal relationship between the violations committed and the consequences that have occurred.      

The concept of "violation of the rules of driving and operation" in this composition is equivalent to a similar concept provided for in art. 296 of the Criminal Code of the Republic of Kazakhstan.      

The specifics are only in the types of self-propelled vehicles.      

"Violation of traffic rules can be expressed in speeding, non-compliance with the order of passage of intersections, violation of overtaking rules, violation of the rules when reversing, driving to the left side of the road. Accidents often occur as a result of driving a car in a tired state, driving with the blinding headlights of an oncoming car, etc.     

In accordance with the "Rules of the Road of the Republic of Kazakhstan", a traffic accident is an event that occurred during the movement of a vehicle along the road and with its participation, in which people were killed or injured, vehicles, structures, goods were damaged, or other material damage was caused.      

The crime is considered completed from the moment of violation of the rules of driving or operating a combat, special or transport vehicle, which negligently caused serious or moderate harm to human health.      

The subjective side is characterized by a careless form of guilt in the form of arrogance or negligence.      

With arrogance, the perpetrator deliberately violates the rules of driving and operating military vehicles, anticipates the possibility of physical harm or other serious consequences, but without sufficient reason, arrogantly expects to prevent them.      

In case of negligence, the guilty person does not realize that he is violating the rules, and does not foresee the possibility of the occurrence of the consequences specified in the norm due to irresponsibility, inattention, although he had the opportunity to realize the violation of the rules and prevent the occurrence of harmful consequences.     

The subject of the crime is a special one, i.e. a military man who controls a car or is responsible for the operation of cars. In this case, the subject of a violation of the rules of driving a military vehicle is the serviceman who controls this vehicle, and the subject of a violation of the operation of military vehicles is only the serviceman who is specifically charged with the duty to comply with these rules.      

The driver, who is entrusted with a military vehicle, is obliged to observe not only the rules of driving, but also the rules of operation. In this case, the guilty person is considered to be the subject of a violation of the rules of operation, which were committed not during the movement of the car, but after the controlled transport stopped.      

The consequences in Parts 2 and 3 of Article 391 of the Criminal Code of the Republic of Kazakhstan are the death of a person, the death of two or more persons.     

The crimes provided for in Parts 1 and 2 of Article 391 of the Criminal Code of the Republic of Kazakhstan are minor crimes.      

The crime provided for in Part 3 of Article 391 of the Criminal Code of the Republic of Kazakhstan refers to crimes of moderate severity.

Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.                  

Date of amendment of the act:  08/02/2007 Date of adoption of the act:  08/02/2007 Place of acceptance:  NO Authority that adopted the act: 180000000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  167 Status of the act:  new Sphere of legal relations:  028000000000 Report form:  COMM Legal force:  1900 Language of the Act:  rus

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases