Commentary to article 619. Admission to driving of a driver who does not have or is deprived of the right to drive vehicles, as well as the corresponding category  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 does not have or is deprived of the right to drive a vehicle, as well as of the appropriate category, -

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

     The general object of the offense is public relations in the field of road safety. The generic object of the offense of the commented article is the social relations that arise when observing the rules for allowing persons to drive vehicles. Since part 2 of the article in question is the material component of an administrative offense, the optional object of the offense may be human life, health and material well-being.

     According to paragraph 2 of Article 60 of the Law of the Republic of Kazakhstan "On Road Traffic", the admission of persons to participate in road traffic in the territory of the Republic of Kazakhstan is carried out by issuing certificates for the right to drive vehicles. A driver's license is a document confirming the right to drive a vehicle of the appropriate category. A driver's license is also considered to be a document issued to replace one that has been withdrawn or lost for the period established by the legislation of the Republic of Kazakhstan, if there is a document certifying the identity of the owner of the driver's license.  

     The objective side of Part 1 of an administrative offense is manifested in illegal actions (omissions) that violate traffic rules by allowing a person to drive vehicles.:

     1) who does not have a driver's license;  

     2) deprived of the right to drive vehicles;

     3) not having the right to manage the appropriate category.  

     When qualifying this administrative offense, the legal provisions of Article 617 of the Administrative Code should be taken into account, where the qualifying feature of committing other traffic violations does not absorb the illegal actions (inaction) provided for in Article 619 of the Administrative Code.

     In cases where a driver without the right to drive vehicles was allowed to drive tractors and other self-propelled machinery and equipment, then Article 627 of the Administrative Code does not additionally qualify such illegal actions.

     According to Article 74 of the Law of the Republic of Kazakhstan "On Road Traffic", the right to drive vehicles may be granted:

     1) subcategories "A1" – persons who have reached the age of sixteen;

     2) categories "A", "B" and subcategories "B1", "C1" – persons who have reached the age of eighteen;

     3) categories "C" and subcategories "D1" – persons who have reached the age of twenty-one and have at least three years of experience as a driver, including at least one year of experience driving vehicles belonging to category "C1";

     4) category "Tm" – persons who have reached the age of twenty-one.

     5) categories "D" and "Tb" – persons who have reached the age of twenty-five and have at least five years of experience as a driver, including at least three years of experience driving vehicles belonging to category "D1";

     6) compositions of vehicles of categories "VE", "CE", "DE" - to persons who have the right to drive vehicles of categories "B", "C" or "D" respectively for at least twelve months;

     7) compositions of vehicles of subcategories "C1E", "D1E" - to persons who have the right to drive vehicles of categories "C", "D" or subcategories "C1", "D1" respectively for at least twelve months.

     In accordance with paragraph 2.1.1. of the Rules of the Road, the driver of a mechanical vehicle must have with him and, at the request of authorized officials of the internal affairs bodies and transport control bodies, hand over to them for verification a driver's license for the right to drive a vehicle or a temporary certificate issued in place of a driver's license with a driver's identity document.

     In accordance with paragraph 15 of the Basic Provisions on the Admission of Vehicles to Operation and the duties of officials and Road users to ensure road safety, officials and other persons responsible for the technical condition and operation of vehicles are prohibited from allowing persons who do not have the right 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, but entailing minor injury to the victim's health or damage to vehicles, cargo, road or other structures or other property.

     The amount of 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) capable and sane individuals who have reached the age of 16 at the time of the commission of the offense;

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

     3) legal entities in the form of small, medium and large enterprises in accordance with Article 33 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) engineers-inspectors of district and regional authorized bodies for registration of agricultural machinery (part 2 of art. 716 of the Administrative Code);

4) 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).

     On the basis of Article 812 of the Administrative Code, all types of offenses provided for in all parts of 619 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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