Commentary to article 597. Violation of the rules for stopping or parking vehicles The Code of the Republic of Kazakhstan on Administrative Offences
1. Violation of the rules for stopping or parking vehicles, including in places equipped with electric charging stations, with the exception of the cases provided for in parts two and three of this article, shall entail a fine in the amount of five monthly calculation indices.
2. Violation of the rules for stopping or parking vehicles on the sidewalk, as well as stopping or parking vehicles in flower beds, children's or sports grounds -
they entail a fine in the amount of ten monthly calculation indices.
3. Violation of the rules for stopping or parking vehicles on the roadway, resulting in the creation of obstacles to the movement of other vehicles, -
entails a fine in the amount of ten monthly calculation indices.
4. Violation of the rules for stopping or parking vehicles in places designated for stopping or parking vehicles for the disabled, -
entails a fine in the amount of ten monthly calculation indices.
4-1. Evasion from paying for parking in places equipped with special certified devices designed to collect parking fees and take into account the parking time of vehicles determined by local executive authorities of regions, cities of republican significance and the capital, -
entails a fine in the amount of three monthly calculation indices.
4-2. The action provided for in paragraph 4-1 of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -
entails a fine in the amount of five monthly calculation indices.
5. 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 ten monthly calculation indices.
5-1. 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 fifteen monthly calculation indices.
6. The action provided for in part four of this article, committed repeatedly within a year after the imposition of an administrative penalty, -
entails a fine in the amount of fifteen monthly calculation indices.
The general object of the offense, according to the commented article, is public relations in the field of road safety.
Article 1 of the Law of the Republic of Kazakhstan dated April 17, 2014 No. 194 "On Road Traffic" provides the basic concepts used in this article.:
1) stop – the deliberate cessation of movement of a vehicle for a period of up to five minutes or for a longer time, if necessary for boarding or disembarking passengers, loading or unloading the vehicle (paragraph 5 );
2) parking is the deliberate cessation of movement of a vehicle for a period of more than five minutes for reasons unrelated to boarding or disembarking passengers or loading or unloading the vehicle (paragraph 52 ).
The objective side of the offense provided for in part 1 of the article in question is characterized by two qualifying features:
1) violation of the rules for stopping vehicles;
2) violation of the rules of parking vehicles.
The above-mentioned illegal actions do not apply to the cases provided for in parts two and three of this article.
These requirements are set out in section 12 of the Rules of the Road.
Vehicles may stop and park on the right side of the road on the shoulder, or if there is no roadway, on the carriageway at its edge. On the left side of the road, stopping and parking are allowed in localities on roads with one lane for each direction without tram tracks in the middle and one-way roads (trucks with a maximum permissible weight of more than 3.5 tons on the left side of one-way roads are only allowed to stop for loading or unloading).
It is allowed to place a vehicle on the carriageway in one row parallel to the edge of the carriageway, with the exception of those places where the configuration (local widening of the carriageway) allows for a different arrangement of vehicles. Two-wheeled vehicles without a side trailer may be placed in two rows.
Parking for long-term rest, overnight stays, and the like outside a populated area is allowed only on designated sites or off the road.
Stopping is prohibited:
1) in the immediate vicinity of tram tracks, if this interferes with the movement of trams;
2) at railway crossings, in tunnels;
3) on overpasses, bridges, overpasses (if there are less than three lanes for traffic in this direction) and under them (regardless of the number of lanes);
4) in places where the distance between a stopped vehicle and a solid marking line (other than marking the edge of the carriageway) or the opposite edge of the carriageway, or a vehicle standing at the opposite edge of the carriageway, is less than three meters, if this interferes with the movement of vehicles;
5) at pedestrian crossings and closer than five meters in front of them;
6) on the carriageway near dangerous turns and convex fractures of the longitudinal profile of the road when the visibility of the road is less than one hundred meters in at least one direction;
7) at the intersection of carriageways and closer than thirty meters from the edge of the intersected carriageway, with the exception of the side opposite the side passage of three-way intersections (intersections) having a solid marking line or dividing strip; at bus stops and closer than fifteen meters to them, and in their absence - closer than fifteen meters from the route stop sign vehicles or taxis;
8) in places where a vehicle will block traffic lights, road signs from other drivers, or make it impossible for other vehicles to move (enter or exit), or interfere with the movement of other vehicles (congestion) and pedestrians;
9) on flower beds, lawns, playgrounds and sports grounds.
Parking is prohibited:
1) in places where stopping is prohibited;
2) on overpasses, bridges, and overpasses;
3) outside populated areas on the carriageway of roads marked with the sign 2.1 "Main road". The road on which the right of preferential passage of unregulated intersections is granted;
4) closer than fifty meters from railway crossings;
5) motor vehicles with a running engine in populated areas, if this causes inconvenience to residents;
In case of an emergency stop in places where stopping is prohibited, the driver takes all necessary measures to divert the vehicle from these places.
It is forbidden to open the doors of a vehicle, leave them open, or enter the roadway without making sure that this does not cause interference or danger to other road users.
The objective side of the offense of part 2 of the commented article is expressed by illegal actions and by non-compliance with the rules of stopping or parking vehicles on the sidewalk, flower beds, children's playground or sports ground.
The concepts of sidewalk and flowerbed are given in the rules of the road:
1) sidewalk - a part of the road intended for the movement of pedestrians, adjacent to the carriageway of the road or separated from it by a lawn (paragraph 53 of section 1);
2) a flowerbed is a piece of land in the form of a geometric shape on which plants form a pattern or pattern (clause 14 of section 1).
Unfortunately, the concepts of playgrounds and sports grounds are not defined by the rules of the road.
A playground is a place designed for children to play, mostly of preschool age. It is located in a populated area and is fenced off from roads.
A sports ground is a planar structure equipped for one or more sports or for sports games.
According to clause 12.2 of the traffic rules, parking on the edge of the sidewalk bordering the carriageway, with full or partial access to it, is allowed only for cars, motorcycles, mopeds and bicycles, provided that this does not interfere with the movement of pedestrians.
In accordance with paragraphs 12.4, 12.5 of the traffic rules, stopping and parking of vehicles in flower beds, playgrounds and sports grounds is prohibited.
It should be noted that in accordance with Articles 58, 59 of the Law of the Republic of Kazakhstan dated April 17, 2014 No. 194 "On Road traffic", the prohibition signs "Parking is prohibited", "Parking is prohibited on odd days of the month", "Parking is prohibited on even days of the month" do not apply to people with musculoskeletal disorders."at the same time, these persons have the right to stop and park a vehicle in populated areas in the area of road signs prohibiting stopping or parking, provided, that the standing vehicle is completely positioned on the sidewalk in such a way that a free lane with a width of at least one and a half meters remains for pedestrian movement. This rule does not apply on sections of road marked with road markings prohibiting stops. In addition, people with a violation of the musculoskeletal system have the right to park their vehicle in the area of traffic signs prohibiting parking, in parking areas with limited time beyond the prescribed period and on roads in courtyards outside parking areas, provided that this does not interfere with pedestrians and does not deprive other vehicles of the possibility of movement..The objective side of part 3 of the commented article is expressed by illegal actions that violate the rules of stopping and parking on the roadway, resulting in the creation of obstacles to the movement of other vehicles.
An obstacle to movement is understood as a stationary object in a lane that does not allow continued movement in that lane. A traffic jam or a vehicle stopped in this lane in accordance with the requirements of the Traffic Rules is not an obstacle.
In order to avoid creating obstacles to the movement of other vehicles, the driver is prohibited from stopping and parking the vehicles specified in clause 12.4. of the traffic rules.
According to clause 10.1. of the rules of the road, the driver of a vehicle, in the event of an obstacle and (or) danger to traffic that the driver is able to detect, must take measures to reduce speed until the vehicle stops or safely detour around the obstacle for other road users.
The objective side of an administrative offense under part 4 of the commented article is expressed in an unlawful act that violates the rules for stopping and parking vehicles in places designated for stopping or parking vehicles with disabilities.
In accordance with paragraph 3 of Article 58 of the Law "On Road Traffic", if a road sign for additional information (plate) "Disabled" is installed with the information-indicating road sign "Parking place", the effect of the road sign "Parking place" applies only to motor-scooters and cars on which identification signs are installed. "An invalid."
The driver of the vehicle is prohibited from stopping and parking in places marked with the appropriate road sign 7.17. (disabled).
The objective side of part 4-1 of the article under study is expressed by illegal actions in the form of evasion by drivers of vehicles from paying for parking in places equipped with special certified devices designed to collect parking fees and take into account the parking time of vehicles determined by local executive authorities of regions, cities of republican significance and the capital.
For the first time, this provision, as well as part 4-2 of Article 597 of the Administrative Code, appeared in the Administrative Code on the basis of the Law of the Republic of Kazakhstan dated May 5, 2105 No. 312 "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on natural Monopolies and Regulated Markets."
Drivers of vehicles must pay for parking in places equipped with special certified devices at a rate determined by local executive authorities at the level of regions and cities of national significance. For example, in Astana, tariffs in places equipped with special certified devices designed to charge parking fees and take into account the parking time of vehicles are established by the decree of the Akimat of Astana dated December 22, 2016 No. 108-2602. Based on this legal act, in the capital, the payment for one parking space per hour is 100 tenge.
The definition of places for paid parking is also determined by local executive authorities. For example, in Astana, places equipped with special certified devices designed to charge parking fees and record vehicle parking times are established by the decree of the Akimat of Astana dated June 22, 2017 No. 108-1325.
The procedure for organizing the operation of paid parking lots and other car parks in Astana is determined by the resolution of the Akimat of Astana dated May 3, 2016 No. 108-863. The following concepts are given in these Rules::
1) parking lot (car park) – a building, structure (part of a building, structure) or a special outdoor area in designated or specially equipped areas intended for parking (storage) of motor vehicles;
2) special parking lots (platforms) – places intended for temporary storage of detained, abandoned or ownerless vehicles, created by decision of the authorized body, and which are communal property.
The planning and determination of the territorial zones of the location of communal paid car parks and the number of places on them is carried out by the authorized body, taking into account the limitations of the transport model, the demand of the population and organizations, and safety standards. When planning the number of required communal paid car parks in the city, the following data is taken into account:
1) the level of saturation of motor transport in areas of multi-storey and low-rise buildings;
2) provision of parking facilities of various profiles;
3) the number of cars arriving from other settlements and other cities, determined by a special calculation.
The objective side of part 4-2 of the commented article establishes administrative liability for actions provided for in part 4-1 of this article, committed repeatedly within a year after the imposition of a penalty.
The objective side of part 5 of the article in question establishes administrative liability for actions provided for in part one of Article 597 of the Administrative Code, committed repeatedly within a year after the imposition of a penalty.
The objective side of part 5-1 of the article under study establishes administrative liability for actions provided for in parts two and three of Article 597 of the Administrative Code, committed repeatedly within a year after the imposition of a penalty.
The objective side of part 6 of the commented article establishes administrative liability for actions provided for in part four of Article 597 of the Administrative Code, committed repeatedly within a year after the imposition of a penalty.
In our opinion, parts 5-1 and 6 should be combined into one part, since they have the same sanction for an administrative offense. That is, part 5-1 should be deleted, and part six should be worded as follows: "6. An action provided for in parts two, three and four of this Article, committed repeatedly within a year after the imposition of an administrative penalty, shall entail a fine in the amount of fifteen monthly calculation indices."
The subjective side of the offense can be expressed in the form of direct intent or negligence.
The subjects of an administrative offense under this article are individuals driving vehicles.
They have the right to consider proceedings on administrative offenses provided for in 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 divisions, migration police, local police service of the region, city of republican significance, capital, their deputies (paragraph 1 of part 2 of Article 685 of the Administrative Code);
2) according to parts 5 and 6 - 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 one, two, three, four, 4-1, 4-2 - employees of the internal affairs bodies (police) with special ranks (paragraph 4 of part 2 of art. 685 of the Administrative Code);
4) in all parts - authorized officials of the military police (part 1 of Article 727 of the Administrative Code).
When committing an offense provided for in all parts of Article 597 of the Administrative Code, police officers have the right to detain, deliver and prohibit the operation of vehicles by delivering them for temporary storage to special sites, parking lots or sites adjacent to a stationary transport control post, including using another vehicle (tow truck), until the reasons for the detention are eliminated. (paragraph 1 of Part 1 of Article 797 of the Administrative Code).
When committing an offense provided for in Parts 1 and 2 of Article 597 of the Administrative Code, an authorized official has 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).
Based on Article 812 of the Administrative Code, all types of offenses provided for in Article 597 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.
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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