Comment to Article 594. Violation of the rules of passage of intersections or crossing the carriageway The Code of the Republic of Kazakhstan on Administrative Offences
1. Entering an intersection or crossing a carriageway in the event of a traffic jam that has led to the creation of an obstacle (congestion) for the movement of vehicles in the transverse direction, -
entails a warning or a fine in the amount of three monthly calculation indices.
2. Failure to comply with the requirements of the traffic rules to give way to a vehicle that enjoys preferential right of way at intersections, -
entails a fine in the amount of fifteen monthly calculation indices.
3. Excluded in accordance with the Law of the Republic of Kazakhstan dated December 28, 1977 No. 127-VI.
4. The actions provided for in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -
they entail a fine in the amount of seven monthly calculation indices.
5. The action provided for in the second part of this article, committed repeatedly within a year after the imposition of an administrative penalty, -
entails a fine in the amount of twenty monthly calculation indices.
The admission of illegal actions by drivers of vehicles, in the analyzed article, often leads to a danger of harm to the life and health of other road users, as well as to the material resources of society and the personal safety of citizens.
The generic object of the offense is public relations arising in the field of road safety. The optional object of the offense may be the health of citizens and their material well-being.
According to subparagraph 24) of paragraph 4 of Article 54 of the Law of the Republic of Kazakhstan dated April 17, 2014 No. 194-V "On Road Traffic", it is prohibited to enter an intersection or intersection of carriageways if a traffic jam has formed that will force the driver to stop, creating an obstacle to the movement of vehicles in the transverse direction.
The objective side of part 1 of the offense under investigation is expressed by two qualifying features:
1)entering an intersection that led to the creation of an obstacle (congestion) for the movement of vehicles in the transverse direction;
2) the intersection of the carriageway, which led to the creation of an obstacle (congestion) for the movement of vehicles in the transverse direction.
According to paragraph 13.2 of the Traffic Rules of the Republic of Kazakhstan, it is prohibited to enter an intersection or an intersection of carriageways if a traffic jam has formed that will force the driver to stop, creating an obstacle for vehicles to move in the transverse direction.
In accordance with paragraph 1.2 of the traffic rules of the Republic of Kazakhstan, to give way (not to interfere) is a requirement meaning that a road user must not start, resume or continue driving, or perform any maneuver if this may force other road users who have an advantage over him to change the direction of movement or the speed.
The objective side of part 2 of the commented offense is expressed in illegal actions (inaction) that violate traffic rules by failing to comply with the requirements to give way to vehicles that have a preferential right of way at intersections.
When turning left or making a U-turn at a traffic light, the driver of a trackless vehicle must give way to vehicles moving from the opposite direction straight or to the right, including those entering the intersection in accordance with paragraph 5.6 of the Traffic Rules.
At an intersection of unequal roads, the driver of a vehicle moving along a secondary road must give way to vehicles approaching along the main road, regardless of the direction of their further movement, including those making a U-turn. Before completing a U-turn at the intersection, a driver driving along the main road with a dividing lane must make sure that vehicles approaching the intersection on a secondary road give way to him.
At the intersection of equivalent roads, the driver of a trackless vehicle must give way to vehicles approaching from the right.
When making a left turn or U-turn, the driver of a trackless vehicle must give way to vehicles moving along an equivalent road from the opposite direction straight or to the right.
The specifics of the intersection rules are the intersection of regulated or unregulated intersections. An intersection where the order of movement is determined by traffic lights or traffic controllers is considered regulated.
If the yellow flashing signal, the traffic lights are not working or there is no traffic controller, the intersection is considered unregulated and drivers are required to follow the rules of passage of unregulated intersections and priority signs installed at the intersection.
According to paragraph 13.8 of the Traffic Regulations of the Republic of Kazakhstan, a driver who enters an intersection at a traffic light is required to leave in the intended direction regardless of the traffic lights at the exit from the intersection. However, if there are stop lines and/or signs 5.33 at the intersection in front of the traffic lights located on the driver's route, the driver must be guided by the signals of each traffic light.
At an intersection where traffic is regulated by a traffic light with an additional section, the driver in the lane from which the turn is being made must continue driving in the direction indicated by the arrow if his stop interferes with vehicles following him in the same lane.
It should be noted that when qualifying an offense under part 2 of Article 594 of the Administrative Code, the place of commission of the offense is a road intersection. If the driver does not give way to a vehicle enjoying a preferential right of movement, then the offense must be qualified under part 3 of Article 595 of the Administrative Code.
Part 3 of the analyzed article was deleted in accordance with the Law of the Republic of Kazakhstan dated December 28, 1977 No. 127-VI.
The same law supplemented the commented article with parts 4 and 5. Part 4 provides for administrative liability for repeated illegal actions during the year, provided for in the first part of this article. In addition to the sanction of part 4 of Article 594 of the Administrative Code, the offender must undergo a knowledge test of the rules of the road. On the basis of Article 53 of the Administrative Code, an officer of the Department of Internal Affairs must issue a resolution on referral to check knowledge of the rules of the road.
On the basis of part 5 of the article under investigation, it provides for administrative liability for repeated action within a year, provided for in part two of this article, after the imposition of an administrative penalty.
Despite the fact that part 5 of the article in question is more serious in terms of the degree of danger than part 4, a police officer does not have the right to send him to check his knowledge of traffic rules, since this is not provided for in Article 53 of the Administrative Code.
The subjective side of the offense is expressed in an intentional or careless form of guilt.
The subjects of the offense are sane individuals who have reached the age of 16, namely drivers of vehicles.
They have the right to impose administrative penalties on the commented article.:
1) in all parts - chairmen of committees and heads of departments of the Ministry of Internal Affairs, heads of territorial internal affairs bodies, administrative police units, migration police, local police service of the region, the city of republican significance, the capital, their deputies (paragraph 1 of part 2 of Article 685 of the Administrative Code);
2) according to part 4 - heads of departments, police departments, administrative divisions, migration police, local police service of the district (city, district in the city) and their deputies (paragraph 2 of part 2 of Article 685 of the Administrative Code);
3) according to parts 1 and 2 - employees of the internal affairs bodies (police) with special ranks (paragraph 4 of part 2 of Article 685 of the Administrative Code);
4) in all cases - authorized officials of the military police (art. 727 of the Administrative Code)
The sanction of Part 1 of the article provides for two types of administrative penalties:
1)Warning;
2) a fine in the amount of three monthly calculation indices.
But arbitrary choice of punishment is unacceptable. When making a decision to impose an administrative penalty under the commented article, the above-mentioned officials must take into account the requirements of part 2 of Article 43 of the Administrative Code, which states that "In the absence of circumstances provided for in Article 57 and the note to Article 366 of this Code, the court (judge), the body (official) imposing the administrative penalty is obliged to apply a warning provided for in the relevant article of the Special Part of this Code."
That is, if there are no circumstances in the actions of the offender that aggravate responsibility for administrative offenses, then the official must issue a resolution imposing an administrative penalty in the form of a warning.
For violation of Article 654 of the Administrative Code, in terms of offenses provided for in Article 594 of the Administrative Code, employees of the internal affairs bodies or the military police have the right to deliver and prohibit the operation of vehicles by delivering them for temporary storage to special sites or parking lots. The basis will not be the offense itself, provided for in Article 594 of the Administrative Code, but the refusal or non-appearance of the offender without a valid reason, which caused the postponement of the proceedings.
Based on paragraph 10 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated April 9, 2012 No. 1, security measures in the form of detention and (or) prohibition of operation of vehicles remain in effect until the reasons for detention and (or) prohibition of operation are eliminated. An act is drawn up on the detention, delivery and prohibition of the operation of a vehicle, vessel, including a small vessel, which is attached to the protocol on an administrative offense and, upon application, is handed over to the person in respect of whom the specified security measures have been taken.
When making a decision on the imposition of an administrative penalty for the commented article, a measure of administrative and legal impact should be taken in the form of a knowledge test of the rules of the road. Moreover, the application of this measure should be applied without fail, and not at the discretion of an authorized official. In accordance with Article 53 of the Administrative Code, the decision to send for a check of knowledge of the rules of the road is made by the authorities (officials) authorized to consider cases of administrative offenses.
According to part 2 of Article 812 of the Administrative Code, the case of an administrative offense provided for in Article 594 of the Administrative Code may be considered not only at the place of its commission, but also at the place of registration of the vehicle or at the place of residence of the person against whom proceedings on an administrative offense are being conducted.
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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