Commentary to article 606. Violation of traffic rules by a road user, resulting in the creation of an emergency situation  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Violation by a road user of the rules of the road, which led to the creation of an emergency situation, that is, forcing other road users to drastically change the speed and direction of movement, -

     entails a fine in the amount of ten 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 deprivation of the right to drive a vehicle for a period of six months.

     The commented article, based on its content, is a blank one, since in order to qualify an administrative offense under this article, one should look for an answer to the question: "How to determine the causal relationship between a violation of traffic rules and the presence of a threat of an emergency situation?". Accusations of drivers of vehicles in creating an emergency situation by officials of the Department of Internal Affairs, who have the right to initiate proceedings on administrative offenses, are quite common. Moreover, in some cases, the accusation of drivers of vehicles in creating an emergency situation looks very doubtful.

     The object of the offense is the social relations that arise in ensuring road safety.  

     The objective side of Part 1 of the act is manifested in illegal actions (inaction) by violating traffic rules, which forced other road users to change:

     1) the speed of movement;

     2) the direction of movement."

     From the content of the article, it can be concluded that the composition of an administrative offense is material, since due to this offense, the rights of road users to safe movement are infringed.

     According to paragraph 15 of Article 1 of the Law of the Republic of Kazakhstan dated April 17, 2014 "On Road Traffic", a road user is a person who is directly involved in the traffic process as a pedestrian, passenger or driver.

     That is, pedestrians, passengers, and drivers can be victims, as well as offenders, when creating an emergency situation.

     For example, if the driver of the vehicle did not miss a pedestrian on the footpath, which forced the pedestrian to slow down, stop or change direction, then the driver's actions should be qualified under Article 606 and additionally under Article 600 of the Administrative Code for not providing an advantage in movement to pedestrians or other road users. Conversely, if a pedestrian enters the road in the wrong place, which forces the driver of the vehicle to stop, slow down or change direction, then the pedestrian's actions should also be qualified under Article 606 of the Administrative Code and additionally under Article 615 of the Administrative Code for violating traffic rules by pedestrians and other road users.

     That is, in the case of an administrative offense, in addition to the protocol of the offender's poros, there must necessarily be a protocol of the victim's poros, which must confirm that he was forced to change his behavior during traffic because of this offense.  

     The relevant evidence must be contained in the decision on the case of an administrative offense. These requirements are clarified by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated April 20, 2018 No. 5 "On the court's decision in the case of an administrative offense." Conclusions regarding the qualification of an offense under a particular article of the Special Part of the Administrative Code, its part or paragraph should be motivated in the resolution.

     The concepts of these categories are given in Article 1 of the Law of the Republic of Kazakhstan dated April 17, 2014 "On Road Traffic".:

     10) pedestrian – a person who is outside the vehicle on the road and does not work on it. Individuals traveling in wheelchairs for the disabled, driving a bicycle, moped, motorcycle, carrying a sled, cart, or baby carriage are considered pedestrians (item 10);

     2) passenger – a person who is on (in) a vehicle and is not driving it (clause 12);

     3) driver – a person driving a vehicle, a driver leading cattle, a herd, pack, harness or riding animals along the road (paragraph 25) [2].

     Unfortunately, the Administrative Code, as well as other regulatory legal acts, does not provide a clear concept of the process of creating an emergency situation. For example, article 18.14 of the Code of the Republic of Belarus No. 194 of April 21, 2003 lists a specific list of administrative offenses that fall under the concept of creating an emergency situation, as well as a note to this article contains this concept. The creation of an emergency situation in this article and Article 18.23 of the Code of the Republic of Belarus is understood as the actions of road users who forced other participants to change speed, direction of movement or take other measures to ensure their own safety or the safety of others.

     According to our legislation, all road users who violate any traffic rules that have resulted in the consequences specified in the disposition of this article are subjects of an administrative offense provided for in Article 606 of the Administrative Code. It follows that when initiating proceedings on an administrative offense, according to the analyzed article of the Administrative Code, it is necessary to find out not only the data of the alleged offender, but also which traffic rule was violated, and which of the road users was forced to change speed or direction of movement because of this offense.

     But in Russia there is no concept of an emergency situation at all, and offenders are prosecuted only for specific violations of traffic rules, regardless of the consequences of an emergency situation.  

     The objective side2 of the part of the article under consideration is characterized by the actions (omissions) provided for in the first parts of this article, committed repeatedly within a year after the imposition of an administrative penalty.  

     Paragraph 21 of 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" explains the specifics of the repetition of an administrative offense. An offence is not considered repeated if a person has been released from administrative responsibility and administrative punishment for a previously committed offence on the grounds established by law.

     When committed by a driver deprived of the right to drive a vehicle, for which the deprivation of the right to drive is also provided, namely under part two of Article 606 of the Administrative Code, the actions of the offender are additionally qualified under part three of Article 612 of the Administrative Code. When driving a vehicle by a driver deprived of the right to drive a vehicle, his actions are qualified under part three of Article 612 of the Administrative Code. Such actions are not subject to additional qualification under Article 669 of the Administrative Code.

     Paragraph 17 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated April 20, 2018 clarified that when describing the event of an offense, it is necessary to indicate all the qualifying signs of the offense, based on the disposition of the article of the Special Part of the Administrative Code imputed to the offender, including the repetition of actions. A copy of the effective court order (official) confirming the fact of repeated commission of the offense, or information from the bodies of the Committee on Legal Statistics and Special Records of the Prosecutor General's Office of the Republic of Kazakhstan, must be attached to the materials of the administrative offense case. When determining the repetition, the court must proceed from the provisions of the general part of the Administrative Code on the period during which a person is considered to have been subjected to an administrative penalty provided for in Article 61 of the Administrative Code.

     The subjective side can be expressed in an intentional or careless form of guilt.

     The subjects of an administrative offense under this article are all individuals and in any capacity in which they participate in traffic, namely pedestrians, passengers or drivers. But if, according to the first part, all of the above-mentioned road users can be subjects of an administrative offense, then only drivers of vehicles can be involved in the second part, since the sanction provides for only one and no alternative type of administrative penalty in the form of deprivation of the right to drive a vehicle for a period of six months.

     Since according to part 2 of the commented article it is impossible to bring passengers and pedestrians to administrative responsibility, the sanction of this article should be supplemented with an additional type of administrative penalty in the form of an administrative fine in the amount of twenty monthly calculation indices.

     Paragraph 24 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 7 clarifies that the deprivation of the right to drive a vehicle applies equally to both car drivers and persons driving tractors and other self-propelled vehicles, trams, trolleybuses, motorcycles and other mechanical vehicles in accordance with the definition of a vehicle in note to Article 590 of the Administrative Code.  

     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;

2) in part one - 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, city of republican significance, capital, their deputies (paragraph 1 of part 2 of Article 685 of the Administrative Code);

     3) according to the first part - employees of the internal affairs bodies (police) with special ranks (paragraph 4 of part 2 of Article 685 of the Administrative Code);

     4) according to the first part - authorized officials of military police bodies (part 1 of Article 727 of the Administrative Code).

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

     1) employees of the internal affairs bodies (police) with special ranks (paragraph 1 of part 1 of 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 of part 1 of Article 804 of the Administrative Code) (paragraph 4 of part 1 of 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 of part 1 of Article 804 of the Administrative Code);

     4) bodies of the military police of the National Guard of the Republic of Kazakhstan on offenses committed by military personnel and conscripts called up for training (paragraph 6 of part 1 of Article 804 of the Administrative Code);

     5) The State Security Service of the Republic of Kazakhstan during security measures (paragraph 46 of part 1 of Article 804 of the Administrative Code);

     When committing an offense provided for in all parts of Article 606 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).  

     On the basis of Article 812 of the Administrative Code, all types of offenses provided for in all parts of 606 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  

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