Comment to article 595. Violation of the rules of maneuvering of the Code of the Republic of Kazakhstan On Administrative Offenses
1. Failure to comply with the requirement of the traffic rules to give a signal before starting a movement, changing lanes, turning, U-turn or stopping -
entails a fine in the amount of five monthly calculation indices.
2. Reversing in places where such maneuvers are prohibited, -
entails a fine in the amount of ten monthly calculation indices.
3. Failure to comply with the requirement of the traffic rules to give way to a vehicle enjoying a preferential right of way, except for the cases provided for in the second part of Article 594 and Article 598 of this Code., -
entails a fine in the amount of fifteen monthly calculation indices.
4. The actions provided for in parts two and three of this article, committed repeatedly within a year after the imposition of an administrative penalty, -
they entail a fine in the amount of twenty monthly calculation indices.
For the first time, an independent norm in the Administrative Code for violation of maneuvering rules appeared in 2008 in accordance with the Law of the Republic of Kazakhstan dated July 4, 2008 No. 55 "On Amendments and Additions to Certain legislative acts of the Republic of Kazakhstan on road safety". To date, the qualifying signs of an administrative offense have remained unchanged, as well as penalties provided for in the form of only one type – an administrative fine. But these sanctions were 30% less, and given the annual increase in the minimum calculated indicator, it is reasonable to conclude that administrative liability for violations of maneuvering rules has become more stringent.
The object of the offense is social relations that arise when observing traffic rules while maneuvering.
The concept of maneuvering is defined in clause 24, clause 2 of the Traffic Rules (hereinafter referred to as the SDA), approved by Resolution No. 1196 of the Government of the Republic of Kazakhstan dated November 13, 2014. Maneuvering in traffic regulations refers to the beginning of movement from a stop (parking lot), stopping, turning (U-turn), changing lanes, braking, and reversing the vehicle.
The objective side of the offense specified in part 1 of the commented article is expressed in illegal actions (omissions) that violate the requirements to give a signal before starting a movement, changing lanes, turning, U-turn or stopping.
In accordance with Section 8 of the traffic Regulations, before starting a maneuver, the driver must signal with light indicators for the appropriate purpose, and if they are missing or defective, with his hand. At the same time, the maneuver must be safe and not interfere with other road users.
The signal for maneuvering to the left is the on-light indicator of the left turn, either the left arm extended to the side or the right arm extended to the side and bent at the elbow at a right angle upward. The signal for maneuvering to the right is the on-light indicator of the right turn, either the right arm extended to the side or the left arm extended to the side and bent at the elbow at a right angle upward. The braking signal is given by a brake light or a raised hand. The reversing signal is given by turning on the reversing lights and the alarm system.
The turn signal or hand signal must be given well in advance of the start of the maneuver and stopped immediately after its completion (the hand signal may be completed immediately before the maneuver is performed). At the same time, the signal should not mislead other road users. Giving the signal does not give the driver an advantage and does not exempt him from taking precautions.
The objective side of the offense specified in part 2 of the commented article is expressed in an illegal action that violates the requirements for reversing, where such a maneuver is prohibited.
Please note that the disposition of part 2 of the article under study provides for only one illegal act in the form of reversing, therefore, the expression "... where such maneuvers are prohibited" should be replaced by "... where such a maneuver is prohibited." This error was caused by the fact that the Law of the Republic of Kazakhstan dated December 28, 2017 No. 127 excluded the second qualifying feature in the form of a U-turn from part 2 of Article 595 of the Administrative Code, where such a maneuver is prohibited.
The movement of a vehicle in reverse is allowed provided that this maneuver is safe and does not interfere with other road users. If necessary, the driver must seek the help of others.
The movement of a vehicle in reverse is allowed provided that the maneuver is safe and does not interfere with other road users. Reversing is prohibited at intersections and in places where U-turns are prohibited, namely:
1) at pedestrian crossings and intersections along sidewalks or roadsides;
2) in tunnels;
3) on and under bridges, overpasses, and overpasses;
4) at railway crossings;
5) in places with visibility of the road in at least one direction less than 100 m;
6) at the locations of bus stops.
The objective side of the offense specified in part 3 of the commented article is expressed in illegal actions (inaction) that violate the requirements of the rules of the road to give way to a vehicle enjoying a preferential right of movement, with the exception of:
1) violation of the rules of passage of intersections or crossing the carriageway (Article 594 of the Administrative Code);
2) failure to provide an advantage in movement to a vehicle of operational and special services with special lights and sound signals turned on (Article 598 of the Administrative Code).
In accordance with Section 8 of the Traffic Regulations of the Republic of Kazakhstan, when entering the road from a secondary road, the driver must give way to vehicles and pedestrians moving along it.
When changing lanes, the driver must give way to vehicles moving along without changing direction. When simultaneously changing lanes of vehicles traveling along the way, the driver must give way to the vehicle on the right. It is prohibited to change lanes, as a result of which a dangerous distance is created between moving vehicles.
When turning left or making a U-turn outside an intersection, the driver of a trackless vehicle must give way to oncoming vehicles. If, when making a U-turn outside the intersection, the width of the carriageway is insufficient to perform a maneuver from the leftmost position, it is allowed to perform it only from the right edge of the carriageway (from the right shoulder). In this case, the driver must give way to passing and oncoming vehicles.
In cases where the trajectories of vehicles intersect, and the order of travel is not determined by the Rules, the driver must give way to whom the vehicle is approaching from the right.
If there is a braking lane, the driver intending to turn must change lanes in a timely manner and slow down only on it. If there is an acceleration lane at the entrance to the road, the driver must move along it and change lanes to the next lane, giving way to vehicles moving along this road.
It should be borne in mind that in paragraph 8.6 of the Traffic Regulations of the Republic of Kazakhstan it is established that in the presence of information signs 5.8.1 "directions of movement along the lanes" or 5.8.2 "directions of movement along the lane" these maneuvers are allowed to the driver of the vehicle in the appropriate lanes. It should be noted that this is only one example, since in the presence of information-indicating and other types of signs, the driver of the vehicle is obliged to comply with the requirements of the relevant sections of the traffic regulations.
The objective side of part 4 of the article under consideration is characterized by repeated illegal actions provided for in parts two and three of this article, committed repeatedly within a year after the imposition of an administrative penalty.
Due to the humanization of national legislation, the Law of the Republic of Kazakhstan dated December 28, 2017 No. 127 "On Amendments and Additions to the Code of the Republic of Kazakhstan on Administrative Offenses. The Law of the Republic of Kazakhstan" for repeated violations of the rules of maneuvering listed in the first part of the commented article, offenders will be brought to administrative responsibility as for offenses committed for the first time. Based on paragraph 2 of Article 57 of the Administrative Code, these offenses must be taken into account by circumstances aggravating liability for administrative offenses, despite the fact that there is only one sanction - a fine in the amount of five monthly calculation indices. However, this circumstance may serve as a waiver of the use of reduced proceedings in the case of an administrative offense (Chapter 42 of the Administrative Code), or reduce the amount of an administrative fine by thirty percent of the total fine (Article 819, Part 2 of the Administrative Code).
The subjective side of an administrative offense can be expressed in the form of direct intent or negligence.
The subject of the offense is 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, 2 and 3 - 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)
For violation of Article 654 of the Administrative Code, in terms of offenses provided for in Article 595 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 595 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.
According to part 2 of Article 812 of the Administrative Code, the case of an administrative offense provided for in Article 595 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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