Commentary to article 619-1. Admission to driving of a driver who is in a state of intoxication  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Admission by the person responsible for the technical condition and operation of vehicles to drive a vehicle of a driver who is under the influence of alcohol, drugs or substance abuse, -

     entails a fine for officials, small business entities or non-profit organizations in the amount of forty, for medium-sized businesses - in the amount of fifty, for large businesses - in the amount of sixty monthly calculation indices.

     2. The same action that caused minor injury to the victim's health or damage to vehicles, cargo, road or other structures or other property, -

     entails a fine for individuals in the amount of seventy, for officials, small business entities or non-profit organizations - in the amount of one hundred, for medium-sized businesses - in the amount of one hundred and fifty, for large businesses - in the amount of two hundred monthly calculation indices.

     The Administrative Code was supplemented by Article 619-1 on the basis of the Law of the Republic of Kazakhstan dated December 28, 2017 No. 127 "On Amendments and Additions to the Code of the Republic of Kazakhstan on Administrative Offenses".  

     Until 2015, such liability was provided for in Article 475 of the Administrative Code, it was planned to be transferred to the Criminal Code as a criminal offense, in this regard, it was excluded, since the sanction provided for administrative punishment in the form of administrative arrest.  

     Article 48 of the Law of the Republic of Kazakhstan "On Road Traffic" prohibits officials and other persons responsible for the technical condition and operation of vehicles from allowing drivers in a state of intoxication (alcohol, narcotic and (or) substance abuse) to drive vehicles.  

     The general object of the offense is public relations to ensure road safety. The generic object of the offense is social relations that arise when drivers are allowed to drive vehicles.

     The objective side of the offense provided for in part 1 of this Article is expressed in illegal actions that violate road safety by allowing a driver who is under the influence of alcohol, drugs or substance abuse to drive a vehicle.

     Based on paragraph 2.4.7 of the Traffic Rules, it is prohibited to transfer control of a vehicle to persons who are intoxicated or under the influence of medications that worsen reaction and attention.  

     Paragraph 15 of the Basic Provisions on the Admission of Vehicles lists prohibitions for officials and other persons responsible for the technical condition and operation of vehicles. These persons are prohibited from allowing drivers who are intoxicated (alcoholic, narcotic or otherwise), under the influence of medications that impair reaction and attention, in a painful or tired state that endangers traffic safety, or persons who are not authorized to drive a vehicle of this category to drive vehicles.  

     The objective side of part 2 of the commented article provides for administrative liability for the same actions specified in part one of this article that caused minor harm to the victim's health or damage to vehicles, cargo, road or other structures or other property.

     The amount of material damage does not matter for the qualification of an offense. Compensation for damages is possible on a voluntary basis, which will be an extenuating circumstance when making a decision on the case. On the basis of Article 59 of the Administrative Code, a judge, considering a case of an administrative offense that caused property damage, when deciding whether to impose an administrative penalty, simultaneously collects such damage if there is no dispute about its amount. And if there is a dispute about the amount of property damage caused by an administrative offense, then compensation for property damage is considered in civil proceedings.

     The severity of harm to health is determined in accordance with the Order of the Minister of Justice of the Republic of Kazakhstan dated April 27, 2017 No. 484 "On approval of the Rules for the organization and conduct of forensic examinations and research in forensic examination bodies". An examination of the severity of the damage to health can be carried out based on medical documents (inpatient patient's card, outpatient patient's card and other medical documents) if there is a complete package of documents containing comprehensive data on the nature of the damage and its clinical course.  

     If, as a result of illegal actions provided for in the article under consideration, harm to the victim's health is moderate or severe, then such actions should be qualified under the relevant articles of the Criminal Code. This procedure is explained by the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated June 29, 2011 No. 3 "On the practice of applying criminal legislation in cases of criminal offenses related to violations of traffic rules and vehicle operation."

     Criminal liability for criminal offenses provided for in Articles 345, 346 (parts two, three, four and five), 348, 349, 351 of the Criminal Code occurs only if a violation of the rules of the road or the operation of vehicles has entailed consequences in the form of negligent infliction of moderate or serious harm to human health, or death of one or more persons. At the same time, the consequences that have occurred must be directly causally related to violations of the rules of the road or the operation of vehicles. Other violations of the rules of the road or the operation of vehicles that have not entailed the specified consequences may entail disciplinary, civil or administrative liability.

     The subject of the offense in all parts of the article under study is indicated in the disposition of the article and is the person responsible for the technical condition and operation of vehicles, namely:

     1) officials in accordance with the requirements of Article 30 of the Administrative Code ;

     2) legal entities in the form of small, medium and large enterprises in accordance with Article 33 of the Administrative Code.

     In cases of transfer of the right of management to persons who are in a state of alcoholic, narcotic or substance abuse intoxication by the owner or driver of a mechanical vehicle, the qualification of such acts is carried out according to the relevant parts of Article 608 of the Administrative Code.

     The subjective side of the article in question can be expressed in the form of direct intent, or by negligence.

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

     1) 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) 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, twelve and thirteen, authorized officials of military police bodies (part 1 of Article 727 of the Administrative Code).

     Officials of the state bodies mentioned above have the right to initiate proceedings on cases of administrative offenses under the commented article (art. 804 of the Administrative Code).

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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