Commentary to article 605. Violation of the legislation of the Republic of Kazakhstan on road traffic  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Failure of the educational organization for the training of drivers of vehicles to fulfill the obligations stipulated by the Law of the Republic of Kazakhstan "On Road Traffic", -

     entails a fine for officials and small business entities in the amount of thirty, for medium-sized businesses in the amount of fifty, and for large businesses in the amount of one hundred monthly calculation indices.

     2. The action provided for in the first part of this article, committed repeatedly within a year after the imposition of an administrative penalty, -

     entails a fine for officials, small business entities in the amount of sixty, for medium-sized businesses - in the amount of one hundred, for large businesses - in the amount of two hundred monthly calculation indices with or without a ban on the activities of an educational organization for the training of drivers of vehicles.

     3. Non-fulfillment and (or) improper fulfillment by a training organization for the training of drivers of vehicles of a written instruction of the authorized body for ensuring road safety on the elimination of violations of the legislation of the Republic of Kazakhstan on road traffic within the prescribed period -

     They impose a fine on officials and small businesses in the amount of thirty, on medium-sized businesses in the amount of fifty, and on large businesses in the amount of one hundred monthly calculation indices.

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     The common object of the offenses provided for in this article are public relations in the field of educational activities of organizations for the training of drivers of vehicles, which are regulated by the legislation of the Republic of Kazakhstan on road traffic.

     An educational organization for the training of drivers of vehicles is created by individual entrepreneurs and legal entities and begins its activities from the date of submission to the authorized body of a notice of commencement of activity. In accordance with the Law of the Republic of Kazakhstan dated May 16, 2014 "On Permits and Notifications", organizations that train drivers of vehicles must obtain a license to engage in educational activities.

     The objective side of Part 1 is characterized by one qualifying feature in the form of unlawful omissions by failure to fulfill the obligations stipulated by the Law of the Republic of Kazakhstan "On Road Traffic" by educational organizations for driver training.

     The duties of professional associations for the training of drivers of vehicles are listed in paragraph 2 of Article 80 of the Law of the Republic of Kazakhstan dated April 17, 2014 "On Road Traffic:

     1) to observe and ensure that educational organizations for the training of drivers of vehicles comply with the legislation of the Republic of Kazakhstan on road traffic;

     2) provide its members with regulatory legal acts of the Republic of Kazakhstan on road traffic;

     3) to promote the development of activities aimed at training drivers of vehicles, improving the efficiency, organization and coordination of educational organizations.

     The responsibilities of educational organizations are listed in paragraph 2 of Article 87 of the Law of the Republic of Kazakhstan dated April 17, 2014 "On Road Traffic". Educational organizations for the training of drivers of vehicles are required to:

     1) comply with the legislation of the Republic of Kazakhstan in the field of traffic;

     2) perform the functions assigned to their competence;

     3) not to interfere with the external quality control, inspections carried out by the authorized body;

     4) fully implement training programs in accordance with the curriculum and timetable for the training of drivers of vehicles;

     5) ensure high-quality training for students;

     6) to ensure the safety of students, teachers, industrial training masters and driving training masters during the educational process;

     7) to maintain vehicles in a technically sound condition and organize a pre-trip medical examination of driving training masters;

     8) provide information about their activities to the authorized body in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

     At the subordinate level, the Rules for training drivers of motor vehicles are implemented in accordance with the Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated December 2, 2014 No. 862.

     The objective side of Part 2 of the commented article provides for the qualifying features of the first part of the article, committed repeatedly within a year after the imposition of an administrative penalty.  

     It should be noted that officials authorized to impose administrative penalties should take into account the repeated actions of the offender only as a qualifying feature, and not as a circumstance aggravating responsibility for the offense provided for in Article 605 of the Administrative Code (Part 2 of Article 57).

     It should be noted that the sanction of the article applies to the measure of administrative punishment in the form of prohibition of activity, and not to the measure of security provided for in Article 801 of the Administrative Code. The decision to impose an administrative penalty in the form of a prohibition of activity enters into force in accordance with Article 883 of the Administrative Code, namely after the expiration of the time limit set for appealing the decision in the case of an administrative offense, if it has not been appealed or protested. A complaint or protest against the decision on an administrative offense case is filed within ten days from the date of delivery of a copy of the decision, and if the offender did not participate in the consideration of the case, from the date of receipt of the decision.

     The objective side of Part 3 of the commented article provides for two illegal actions (inaction) in the form of non-fulfillment and (or) improper fulfillment of a written instruction from the authorized body for road safety to eliminate violations of the legislation of the Republic of Kazakhstan on road traffic.

     Paragraph 1 of Article 23 of the Law of the Republic of Kazakhstan dated April 17, 2014 "On Road Traffic" provides for the rights to issue regulations in the field of road safety. Officials exercising state control and supervision in the field of road traffic have the right to give mandatory instructions to legal entities, individual entrepreneurs and officials on the elimination of violations of regulatory legal acts in the field of road safety. In case of failure to take the necessary measures in accordance with such instructions, bring the perpetrators to justice in accordance with the laws of the Republic of Kazakhstan. Instructions are given in accordance with their competence in writing, indicating the time frame for providing information on the measures taken.

     Failure by the head of the organization and other persons to report on the measures taken, as well as failure to take measures to eliminate the causes and conditions conducive to the commission of crimes or administrative offenses, according to the representations of the authorities (officials) who considered the case, entails administrative liability provided for in Article 479 of the Administrative Code.

     The subjects of offenses provided for in all parts of the article under study are educational organizations for the training of drivers of vehicles, which are explicitly indicated in all provisions of Article 605 of the Administrative Code. Officials guilty of violating the process of teaching citizens to drive vehicles, as well as legal entities in the form of small, medium and large businesses, may be guilty of committing the above offenses.

     The subjective side of all parts of the article under consideration can be expressed in the form of direct intent, as well as through negligence.

     They have the right to consider proceedings on administrative offenses provided for in the commented article.:

     1) in part two - judges of specialized district and equivalent administrative courts (part 1 of Article 684 of the Administrative Code);

     2) according to parts one and three - 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, the city of republican significance, the capital, their deputies (paragraph 1 of part 2 of Article 685 of the Administrative Code);

     3) according to parts one and three - 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).

     On the basis of Article 804 of the Administrative Code in cases of administrative offenses provided for in Part 2 of Article 605 of the Administrative Code, protocols on administrative offenses may be drawn up by authorized officials of the internal affairs bodies.

     According to part 2 of Article 812 of the Administrative Code, cases of administrative offenses provided for in Article 605 of the Administrative Code are considered at the place of commission of the offense, as well as at the place of registration of vehicles, vessels, including small ones, 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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