Commentary to article 615. Violation of traffic rules by pedestrians and other road users The Code of the Republic of Kazakhstan on Administrative Offences
1. Non-compliance by pedestrians and other road users with the requirements of the traffic rules -
entails a fine in the amount of two monthly calculation indices.
2. The action provided for in the first part of this article, which caused harm to the victim's health, which has no signs of a criminally punishable act or caused material damage, -
entails a fine in the amount of ten monthly calculation indices.
3. 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 in the amount of ten monthly calculation indices.
4. The action provided for in the second part of this article, committed repeatedly within a year after the imposition of an administrative penalty, -
entails a fine in the amount of twenty monthly calculation indices or administrative arrest for three days.
Note. Other road users in this article should be understood as persons driving mopeds, bicycles and horse-drawn carts, drivers leading pack animals, riding animals or herds along the road, as well as passengers of vehicles.
The general object of this administrative offense is public relations that arise when pedestrians and other road users comply with traffic rules.
The objective side of the offense provided for in paragraph 1 of this Article is characterized by two qualifying features:
1) non-compliance by pedestrians with the requirements established by the rules of the road;
2) non-compliance by other road users with the requirements established by the rules of the road.
The disposition of this rule is a blank one, since it does not list specific actions (inactions) that are prohibited for pedestrians and other road users. The list of restrictive norms is contained in the Law of the Republic of Kazakhstan dated April 17, 2014 No. 194 "On Road Traffic" and the Rules of the Road.
According to paragraph 2 of article 56 of the above-mentioned Law, a pedestrian has the right to require the competent authorities, owners of roads, crossings and other road structures to provide the necessary conditions for safe movement. Pedestrians are prohibited from:
1) cross the carriageway outside the pedestrian crossing if there is a dividing strip in a populated area, as well as in places where pedestrian or road barriers are installed.;
2) be on motorways.
Section 3 of the Rules of the Road contains both prescriptive, binding, and prohibitive rules that pedestrians must observe and comply with. Pedestrians must move along sidewalks or footpaths, or if there are none, along roadsides, as well as in accordance with the requirements of paragraphs 17.1 and 17.4 of the Traffic Rules. Pedestrians carrying or carrying bulky objects, as well as persons moving in wheelchairs without an engine, may move along the edge of the carriageway (on roads with dividing lanes - along the outer edge of the carriageway) if their movement on sidewalks or roadsides creates obstacles for other pedestrians. If there are no sidewalks, footpaths, or roadsides, or if it is impossible to move along them, pedestrians can move along the bike path or walk in a row along the edge of the carriageway (on roads with dividing lanes - along the outer edge of the carriageway).
Outside of populated areas, pedestrians must walk towards the movement of vehicles when moving along the carriageway. Persons traveling in wheelchairs without an engine, driving a motorcycle, moped, bicycle along the edge of the roadway, must follow the right side of the road in the direction of the vehicles.
The movement of organized pedestrian columns along the carriageway is allowed only in the direction of movement of vehicles on the right side of no more than four people in a row. There should be escorts with red flags in front and behind the column on the left side, and in the dark and in conditions of insufficient visibility, with lights on: white in front, red in the back. Groups of children are allowed to drive only on sidewalks and footpaths, and in their absence - along the roadsides, but only during daylight hours and only accompanied by adults.
Pedestrians must cross the roadway at pedestrian crossings, including underground and aboveground ones, and if they are not within sight, at intersections along sidewalks or roadsides. If there is no crossing or intersection in the visible area, it is allowed to cross the road at right angles to the edge of the carriageway where it is clearly visible in both directions. It is forbidden to cross the roadway outside a pedestrian crossing if there is a dividing strip in a populated area, as well as in places where pedestrian or road barriers are installed.
In places where traffic is regulated, pedestrians should be guided by traffic signals or pedestrian traffic lights, and in the absence of traffic lights - traffic lights. At unregulated pedestrian crossings, pedestrians can enter the roadway after assessing the distance to approaching vehicles, their speed, and making sure that the crossing will be safe for them. When crossing the carriageway outside the pedestrian crossing, pedestrians, in addition, should not interfere with the movement of vehicles and get out from behind a standing vehicle or other obstacle that restricts visibility, without making sure that there are no approaching vehicles.
Once on the roadway, pedestrians should not linger or stop unless it is related to traffic safety. Pedestrians who do not have time to complete the crossing should stop at the line separating traffic flows in opposite directions. It is possible to continue the transition only after making sure that further traffic is safe and taking into account the traffic light signals (traffic controller).
When approaching vehicles with a blue flashing light and a special sound signal, pedestrians must refrain from crossing the carriageway, and those on it must give way to these vehicles and, if possible, clear the carriageway.
It is allowed to wait for a fixed-route vehicle and taxi only on the landing platforms raised in relation to the carriageway, and in their absence - on the sidewalk or curb. At bus stops that are not equipped with raised landing pads, it is allowed to enter the roadway to board a vehicle only after it stops. After disembarking, it is necessary to clear the roadway without delay.
According to Article 57 of the Law of the Republic of Kazakhstan dated April 17, 2014 No. 194 "On Road Traffic", drivers of mopeds, bicycles, drovers leading cattle, herd, pack, harness or riding animals along the road have the right to move along the roads in accordance with the rules of the road.
Drivers of mopeds, bicycles, and teamsters leading cattle, herds, pack, harness, or riding animals along the road are required to know and follow the traffic rules approved by the Government of the Republic of Kazakhstan.
Moped and bicycle drivers are prohibited from:
1) ride without holding the steering wheel with at least one hand;
2) to transport passengers;
3) to carry cargo that protrudes more than fifty centimeters in length or width beyond its dimensions, or cargo that interferes with management;
4) move along the road if there is a bike path nearby;
5) turn left or turn around on roads with tram traffic and on roads with more than one lane for traffic in this direction;
6) towing of mopeds and bicycles, as well as mopeds and bicycles, except for towing a trailer intended for use with a moped and bicycle.
Section 24 of the Rules of the Road establishes requirements for the movement of bicycles, mopeds, horse-drawn carriages, as well as the passage of animals. Persons at least 14 years of age are allowed to drive a bicycle, horse-drawn carriage (sledge), or be a pack driver, rider, or herd when driving on roads, and a moped is allowed at least 16 years of age.
Bicycles, mopeds, horse-drawn carts (sleds), riding and pack animals should move only in the rightmost lane in one row as far to the right as possible. Traffic is allowed on the shoulder of the road, as long as it does not interfere with pedestrians. Columns of cyclists, horse-drawn carts (sleds), riding and pack animals when moving along the roadway should be divided into groups of 10 cyclists, riding and pack animals and 5 carts (sleds). To facilitate overtaking, the distance between the groups should be 80-100 m.
At an unregulated intersection of a bike path with a road located outside the intersection, bicycle and moped drivers must give way to vehicles moving along this road. The driver of a horse-drawn carriage (sleigh) must lead the animal by the bridle when leaving a secondary road in places with limited visibility.
Animals should be driven along the road, as a rule, during daylight hours. The drivers should guide the animals as close as possible to the right side of the road. When driving a group of animals along or through a road at night and in conditions of insufficient visibility, drivers should give signals to warn drivers about the presence of animals on the road. When animals are driven across railway tracks, the herd should be divided into groups of such numbers that, taking into account the number of drivers, each group is safely driven.
Drivers of horse-drawn carts (sleds), teamsters and owners of pack animals, riding animals and livestock are prohibited:
- leave animals unattended in cases that do not exclude their appearance on paved roads.;
- drive animals across railway tracks and roads outside specially designated areas, as well as at night and in conditions of insufficient visibility (except for slaughterhouses at different levels);
- guide animals along roads with asphalt and cement-concrete pavement if there are other ways.
The objective side of part 2 of the commented article provides for administrative liability for unlawful acts provided for in part 1 of this article, as well as entailing:
1) causing harm to the victim's health, which has no signs of a criminally punishable act;
2) causing material damage, causing material damage.
A forensic medical examination is appointed to determine the severity of the damage caused to the victim.
It should be noted that violation of the established requirements of the rules of the road by road users can cause a traffic accident. In this case, a road user may be held administratively liable only if there are no signs of a criminal offense.
A competing norm of Article 615 of the Administrative Code is Article 351 of the Criminal Code of July 3, 2014 No. 226, which provides for criminal liability of pedestrians and other road users (except for the person driving the vehicle) of the rules of traffic safety or vehicle operation.
The objective of Part 3 of the article under study is characterized by repeated administrative offenses provided for in part one of this article, committed repeatedly after the imposition of an administrative penalty.
The Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated April 20, 2018 No. 5 "On the decision of the court in the case of an administrative offense" clarified the specifics of making a decision on an administrative offense in case of repeated commission of an offense. 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 objective side of part 4 of the article under study is characterized by repeated administrative offenses, provided for in part two of this article, committed repeatedly after the imposition of an administrative penalty.
The sanction of the commented part of the article provides for two alternative administrative penalties in the form of:
1) an administrative fine in the amount of twenty monthly calculation indices;
2) or administrative arrest for a period of three days.
Paragraph 13 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated December 22, 2016 No. 12 clarifies that "one main or main and additional administrative penalties may be imposed for one administrative offense (part six of Article 55 of the Administrative Code)."
In this regard, the judge must choose at his discretion and according to his conviction about the public danger of the act. When choosing a sanction, it should be borne in mind that the administrative penalty must be fair, appropriate to the nature of the offense, the circumstances of its commission, and the identity of the offender.
The note to the article in question provides for the concept of other road users who are subjects of an administrative offense.
The subjects of the offense in all parts may be pedestrians and other road users.
A pedestrian is a person who is outside the vehicle on the road and does not work on it. Pedestrians are individuals traveling in wheelchairs for the disabled, driving a bicycle, moped, motorcycle, carrying a sled, cart, baby carriage.
Other road users should be understood as people driving mopeds, bicycles and horse-drawn carts, drivers leading pack animals, riding animals or herds along the road, as well as passengers of vehicles.
The subjective side is expressed in all parts in an intentional or careless form of guilt.
They have the right to consider proceedings on administrative offenses provided for in the commented article.:
1) in part four - judges of specialized district and equivalent administrative courts (part 1 of Article 684 of the Administrative Code);
2) in parts of the first, second and third 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, the city of republican significance, the capital, their deputies (paragraph 1 of part 2 of Article 685 of the Administrative Code);
3) according to part 3 - 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);
4) according to parts one, two and three - employees of the internal affairs bodies (police) with special ranks (paragraph 4 of part 2 of Article 685 of the Administrative Code);
5) according to parts one, two and three - authorized officials of military police bodies (part 1 of Article 727 of the Administrative Code).
Authorized officials have the right to initiate proceedings in cases of administrative offenses provided for in Part 4 of this Article.:
1) internal affairs bodies (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 (Part 4 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 (Part 5 of 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 conscripts called up for training (Part 6 of Article 804 of the Administrative Code).
Based on Article 812 of the Administrative Code, all types of offenses provided for in all parts of 615 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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