Comment to article 610. Violation of traffic rules by drivers of vehicles, resulting in injury to human health, damage to vehicles or other property The Code of the Republic of Kazakhstan on Administrative Offences
1. Violation of traffic rules by drivers of vehicles, resulting in damage to vehicles, goods, roads, road and other structures or other property, causing material damage, -
entails a fine in the amount of twenty monthly calculation indices or deprivation of the right to drive a vehicle for up to six months.
2. The same action that caused minor injury to the victim, -
entails a fine in the amount of forty monthly calculation indices or deprivation of the right to drive a vehicle for up to nine months.
3. The actions provided for in the first and second parts of this Article, committed by a person who does not have or is deprived of the right to drive a vehicle, -
they entail a fine in the amount of sixty monthly calculation indices.
The general object of the offense is public relations in the field of road safety. The generic object of the offense is the social relations that arise when drivers comply with the duties established by the rules of the road.
According to the Law "On Road Traffic", road safety refers to the condition of road traffic, reflecting the degree of protection of its participants from road accidents and their consequences, as well as from the negative effects of road traffic on the environment and public health.
The objective side of the offense provided for in paragraph 1 of this Article is expressed in illegal actions that violate traffic rules, resulting in:
1) damage to vehicles, cargo, roads, roadways and other structures;
2) damage to other property that has caused material damage.
The above negative consequences occur in cases of gross violations of traffic rules, which are commonly referred to as traffic accidents. Based on Article 24 of the Law of the Republic of Kazakhstan dated April 17, 2014 "On Road Traffic", a legal definition of road accidents is given. A traffic accident is an event that occurred during the movement of a vehicle along the road and with its participation, resulting in injury to health, death of a person, damage to vehicles, structures, goods, or other material damage.
A unified state system for recording traffic conditions and ensuring its safety is implemented in the territory of the Republic of Kazakhstan, which includes information on road accidents in which people were killed and/or injured, vehicles, structures, goods were damaged or other material damage was caused, as well as traffic offenses and other indicators., reflecting the state of traffic and activities to ensure its safety.
The specifics of the qualification of the norm under study are explained by the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 7 "On certain issues of the application by courts of the norms of the Special Part of the Code of the Republic of Kazakhstan on Administrative Offenses". Article 610 of the Administrative Code provides for administrative liability for the commission of an administrative offense when, as a result of a violation by a person driving a vehicle of the established rules for ensuring road safety, damage was caused to vehicles, goods, roads, road and other structures or other property, resulting in material damage or minor harm to the health of the victim. The same act, which caused moderate harm to the victim's health, is a criminal offense in accordance with article 345 of the Criminal Code.
If, as a result of the above-mentioned unlawful actions, the driver driving the vehicle, along with causing material damage, inflicted harm to several victims of varying severity (mild, moderate, severe) or caused other consequences in the form of death, then the guilty person is subject to criminal liability under the relevant part of articles 345, 346. Criminal Code without bringing to administrative responsibility.
The objective side of the offense provided for in part 2 of this Article is expressed in illegal actions that violate traffic rules, resulting in minor injury to the victim.
According to paragraph 2.1.8 of the traffic rules, in the event of a traffic accident, the driver involved in it must:
1) immediately stop (do not move) the vehicle, turn on the emergency light alarm and put up an emergency stop sign (flashing red light) do not move objects related to the incident;
2) take possible measures to provide pre-medical care to the injured, call an ambulance, and in emergency cases, send the injured on a passing train, and if this is not possible, deliver them in their vehicle to the nearest medical facility, provide their name, state registration number plate of the vehicle (with presentation of an identity document, or driver's license and vehicle registration document) and return to the scene of the accident.
On the basis of paragraph 23 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 7, the peculiarity of the qualification of the offense under investigation has been clarified with the totality of the consequences specified in parts 1 and 2 of this Article. In the event that the actions of the driver, along with causing minor harm to the victim's health, also caused material damage in the form of damage to vehicles or other property, the guilty person is subject to administrative liability only under the second part of Article 610.
To prove guilt, the offender should conduct a medical examination of the victims of a traffic accident. In accordance with paragraph 56 of the Order of the Minister of Justice of the Republic of Kazakhstan dated April 27, 2017 No. 484 "On approval of the Rules for the organization and conduct of forensic examinations and research in forensic examination bodies", the criteria for minor harm to health are:
A health disorder should be understood as a condition of the body in which clinically pronounced painful changes of a local and (or) general nature are detected due to a specific injury or disease - when there is a violation of the anatomical integrity or physiological function of organs.
permanent loss of general ability to work is such an irreversible loss of function(s) that deprives a person of the ability to fully or partially perform unskilled work and provide self-care.
If, as a result of a traffic accident, moderate harm to health is inflicted on the victim (pwm), then such an act should be qualified under Article 345 of the Criminal Code. The disposition of part 1 of Article 345 of the Criminal Code states that "A violation by a person driving a car, trolleybus, tram or other mechanical vehicle of the rules of the road or the operation of vehicles, which negligently caused moderate harm to human health.
The objective side of the offense provided for in part 3 of this article is expressed in illegal actions violating the rules of the road provided for in parts one and two of this article by a person who does not have or is deprived of the right to drive a vehicle.
It should be noted that when qualifying an administrative offense under this rule, drivers who do not have the right to drive vehicles are equated with drivers who do not have the right to drive a vehicle at all. But if the driver has the right to drive vehicles, but does not have them with him (for example, he forgot at home), he will not be the subject of an offense provided for in part 3 of Article 610 of the Administrative Code. In this case, the offense should be qualified according to part 1 or 2 of the commented article.
The subject of administrative offenses provided for in all parts of Article 610 of the Administrative Code are persons driving vehicles.
The subjective side of all parts of the commented article is characterized by both intentional and careless forms of guilt.
Judges of specialized district and equivalent administrative courts have the right to consider proceedings on administrative offenses provided for in the commented article (part 1 of Article 684 of the Administrative Code).
Persons authorized to draw up protocols on administrative offenses under Article 610 of the Administrative Code have the right to prohibit the operation of vehicles by removing state registration plates until the reasons for the ban on vehicle operation are eliminated. Delivery (evacuation) of a vehicle for its temporary storage at special sites, parking lots or sites adjacent to a stationary transport control post can also be applied in cases of violation by the driver of the vehicle of the rules of stopping or parking in his absence, as well as to vehicles left unattended by drivers on the road when their location is established. finding is not possible (paragraph 3 of Part 1 of Article 797 of the Administrative Code ).
They have the right to initiate proceedings on cases of administrative offenses under the commented article.:
1) internal affairs bodies (paragraph 1, part 1, Article 804 of the Administrative Code );
2) military police bodies of the Armed Forces of the Republic of Kazakhstan on offenses committed by military personnel, conscripts, conscripts, and persons driving vehicles of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan (paragraph 4, Part 1, Article 804 of the Administrative Code);
3)military police bodies of the National Security Committee of the Republic of Kazakhstan on offenses committed by persons driving vehicles of special state bodies (paragraph 5, Part 1, Article 804 of the Administrative Code);
4) military police bodies of the National Guard of the Republic of Kazakhstan on offenses committed by military personnel and military personnel called up for training (paragraph 6, Part 1, Article 804 of the Administrative Code).
Based on Article 812 of the Administrative Code, all types of offenses provided for in all parts of 610 of the Administrative Code may also be considered at the place of registration of vehicles, or at the place of residence of the person against whom proceedings on an administrative offense are being conducted. Cases of administrative offenses of minors, their parents, or persons replacing them are considered at the place of residence of the person in respect of whom proceedings on the case of 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
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
