Commentary to article 53. Checking knowledge of traffic rules  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Drivers of vehicles who have committed offenses provided for in Articles 594 (part four), 596 (part four), 598 (part two), 599 (part two), 600 (part two) of this Code, are sent to take an exam to verify knowledge of the rules of the road.

     2. A decision on referral for a knowledge test of the rules of the road is made by the authorities (officials) authorized to consider cases of administrative offenses provided for in the specified articles of this Code.

     Verification of knowledge of traffic rules is a measure of administrative and legal impact and is applied along with the imposition of administrative penalties for repeated violations of certain administrative offenses in the field of road safety.

     For the first time, such a measure of administrative influence was applied on the basis of art. 259-1 of the Code of the Kazakh SSR on Administrative Offenses.

     Taking exams, issuing driving licenses of categories "A", "B", "C", "D", "VE", "CE", "DE", "Tm", "Tb", subcategories "A1, B1, C1, D1, C1E and D1E" to citizens is carried out by registration-examination departments of the internal affairs bodies, including those located in the buildings and premises of the Non-profit Joint-Stock Company "Government for Citizens State Corporation".

     The resolution on the verification of knowledge of the rules of the road is enforced by the internal affairs bodies in accordance with the procedure established by art. 918 of the Administrative Code.  

     Part 1 of the commented article "Checking knowledge of traffic rules" is applied only in five cases, namely: repeated offenses within a year after the imposition of an administrative penalty in the form of:

     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 (Part 4 of art. 594 of the Administrative Code);  

     2) movement along footpaths, roadsides or sidewalks in violation of traffic rules, as well as in violation of the rules for the location of a vehicle on the carriageway, oncoming traffic or overtaking, as well as crossing an organized transport or pedestrian column or occupying a place in it (Part 4 of art. 596 of the Administrative Code);

     3) failure to provide an advantage in movement to a vehicle of operational and special services with a flashing light and a special sound signal turned on at the same time, or failure to provide an advantage in movement to a vehicle of operational and special services with special color schemes, inscriptions and designations applied to the exterior surfaces, with a flashing light and a special sound signal turned on at the same time (Part 3 of art. 598 Administrative Code);  

     4) driving at a forbidding traffic light signal or at a forbidding gesture of a traffic controller, except for the cases provided for in Part 1 of Article 607 of the Administrative Code (Part 2 of Article 599 of the Administrative Code);

     5) Failure to comply with the requirements of the traffic rules to give way to pedestrians or other road users, with the exception of drivers of vehicles taking advantage of traffic (Part 2 of art. 600 of the Administrative Code).

     By the Law of the Republic of Kazakhstan dated December 28, 2017 No. 127, the number of administrative offenses for which it is possible to send for testing knowledge of traffic rules has been optimized from 14 to 5 administrative offenses as part of the humanization of administrative legislation.

     The check is carried out on knowledge of the traffic rules approved by the Decree of the Government of the Republic of Kazakhstan dated November 13, 2014 No. 1196, which establish a uniform traffic order throughout the territory of the Republic of Kazakhstan.

     The state service related to taking the traffic rules exam is carried out in accordance with the Order of the Acting Minister of Internal Affairs of the Republic of Kazakhstan dated May 22, 2015 No. 473 "On approval of regulations of state services in the field of road safety". The procedure for passing the theoretical exam is carried out by an employee of the registration and examination points in a specially equipped classroom, through computer testing for 40 minutes. If the service recipient receives a negative assessment based on the results of the theoretical exam, the employee of the registration and examination department of the Department of Internal Affairs returns the documents to the service recipient with a note of the results of the theoretical exam and notifies the service recipient of the date of the re-examination of the level of theoretical knowledge no earlier than:

     1) seven calendar days upon initial receipt of a driver's license after graduation from a training organization for the training of drivers of vehicles;

     2) when checking theoretical knowledge after the expiration of the validity period of the driver's license, the end of the period of deprivation of the right to drive a vehicle, the term for repeated exams is not regulated.

     In law enforcement and judicial practice, it is not uncommon for the offender to be a minor or a foreign citizen who does not have the right to drive a vehicle. In this case, undoubtedly, there can be no question of any application of administrative measures in the form of a referral for an exam to test knowledge of traffic rules.  

     Part 2 of the analyzed article provides for the right of officials of the internal affairs bodies that only they can decide on sending offenders to check their knowledge of traffic rules, but only according to the articles specified in Part 1 of Article 53 of the Administrative Code. The employees of the Department of Internal Affairs formalize their decision by issuing a resolution similar to the resolution on the imposition of an administrative penalty in accordance with art. 822 of the Administrative Code.  

     Based on Article 685 of the Administrative Code, the following employees of the Department of Internal Affairs are vested with the jurisdictional authority to issue a ruling.:

     1) heads of departments, police departments, administrative police units;

     2) heads of departments, migration police departments;

     3) heads of departments, departments of the local police service of the district (city, district in the city) and their deputies.

     Part 2 of Article 52 of the Administrative Code provides for the possibility, instead of the analyzed measure of administrative legal impact, along with the imposition of an administrative penalty, and instead of it, when releasing a person who has committed an administrative offense from administrative responsibility, to take into account the fact of reconciliation of the parties, but this is not possible. Firstly, reconciliation is possible only under the articles listed in Article 64 of the Administrative Code, but they are not provided for in the content of the article we are investigating. Secondly, the articles listed in Part 1 of art. 53 of the Administrative Code are characterized by the formal composition of an administrative offense, that is, there is no victim (the conflicting party) with whom reconciliation is possible.

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.);  

     Karpekin Alexander Vladimirovich, Candidate of Law, Associate Professor – chapter 13 (in collaboration with Zhusipbekova A.M.);

     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