Commentary to article 622. Violation of the rules of use of public urban and suburban transport of the Code of the Republic of Kazakhstan on Administrative Offenses
1. Violation of the rules for using a tram, trolleybus, urban and suburban bus or taxi, committed in the form of riding on the running boards and other protruding parts of the vehicle, entering and exiting while driving, preventing the opening and closing of doors, transporting cutting objects without appropriate packaging, as well as objects and things polluting the interior and clothing passengers, -
entails a fine in the amount of one monthly calculation index.
2. Avoiding paying for public transport
- entails a fine in the amount of two monthly calculation indices.
The general object of the administrative offense under consideration is public relations in the field of road safety and passenger transportation, at public urban and suburban transport facilities.
The objective side of part 1 of the commented article is expressed in the form of illegal actions (omissions) that violate the rules for using trams, trolleybuses, buses of urban and suburban transport or taxis, committed in the form of:
1) passage on the running boards and other protruding parts of the vehicle;
2) entry and exit during vehicle movement;
3) preventing the doors from opening and closing;
4) transportation of cutting objects without appropriate packaging;
5) transportation of objects and things polluting the cabin and passengers' clothes.
Specialized rules for the use of urban and suburban transport are not provided for by law. The Law of the Republic of Kazakhstan dated July 4, 2003 "On Road Transport" provides for the competence of the authorized body responsible for the management of road transport to approve the rules for the transportation of passengers, baggage and cargo (including dangerous goods) by road.
The rules for the transportation of passengers and luggage by road provide for prohibitions for citizens in the process of using urban and suburban transport. Based on paragraph 31 of the Rules for Passenger and Baggage Transportation by Road, approved by the Order of the Acting Minister of Investment and Development of the Republic of Kazakhstan dated March 26, 2015 No. 349, passengers travel on routes of regular urban (rural) and suburban automobile transportation of passengers and baggage is excluded.:
1) entering and exiting a bus or minibus before it stops completely or while driving;
2) preventing the opening and closing of bus doors;
3) distracting the driver by talking while the vehicle is moving;
4) damage to the internal equipment and interior of the bus, minibus;
5) smoking, littering, drinking alcohol;
6) transportation of flammable, explosive, toxic, flammable, poisonous, caustic and fetid substances, firearms without covers and accompanying documents.
But administrative responsibility under part 1 of Article 622 of the Administrative Code comes only for traveling on the running boards and other protruding parts of the vehicle, entering and exiting while driving, preventing the opening and closing of doors, transporting cutting objects without appropriate packaging, as well as objects and things polluting the interior and passengers' clothes.
The objective side of part 2 of the analyzed article is expressed by one qualifying feature in the form of an illegal action, namely in evading payment for public transport.
According to paragraphs 18-2 of Article 1 of the Law of the Republic of Kazakhstan dated July 4, 2003 No. 476 "On Motor Transport", public transport is public transport that carries out regular and irregular automobile transportation of passengers and luggage, as well as taxis.
On the basis of paragraph 2 of Article 20 of this law, the passenger is obliged to:
1) during a trip on the routes of regular automobile transportation of passengers and baggage, make a payment and (or) have a travel document (ticket) and keep it until the end of the trip, with the exception of a travel document (ticket) issued in electronic form;
2) present a travel document (ticket) for travel by public transport during regular automobile transportation of passengers and luggage at the request of the carrier's representative;
3) pay for the carrier's services when transporting baggage with the declared value, unless the contract provides otherwise.
It should be noted that the passenger has the right to:
1) to carry one child under the age of seven with you free of charge, if he does not occupy a separate seat, or with a fare of fifty percent - children under the age of fifteen with the provision of separate seats for them, except for taxis;
2) purchase travel documents (tickets) for children aged 5 to 12 years for international transportation carried out by carriers of the Republic of Kazakhstan, with payment of fifty percent of the full cost of the travel document (ticket);
3) purchase travel documents (tickets) for children aged 7 to 15 years with payment of fifty percent of the total cost of the travel document (ticket);
4) travel on the purchased travel document (ticket) without additional payment, if the carrier provides another bus instead of the bus provided by the schedule, which costs more to travel on;
5) carry hand luggage with you free of charge within the limits of the norms established by the Rules of Transportation of Passengers and Luggage by road.
The subjects of all parts of the administrative offense under consideration are sane individuals who have reached the age of 16 at the time of the offense, namely passengers of urban and suburban public transport.
The subjective side of the administrative offense being commented on can be expressed in the form of direct intent or negligence.
The composition of this article of the Administrative Code does not pose a great public danger, the sanction of an administrative offense is a small fine (one and two minimum calculated indicators) and an official may release the offender from administrative responsibility due to the insignificance of the offense in accordance with Article 64-1 of the Administrative Code.
They have the right to initiate proceedings under the commented article and impose an administrative penalty.:
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, Part 2, Article 685 of the Administrative Code);
2) employees of the internal affairs bodies (police) with special ranks (clause 4, Part 2, Article 685 of the Administrative Code)
Officials of the authorized body in the field of transport and communications have the right to initiate cases of administrative offenses under the first part of Article 622 of the Administrative Code (paragraph 1, part 3, Article 804 of the Administrative Code).
Based on Article 812 of the Administrative Code, all types of offenses provided for in Article 622 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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