Commentary to article 630. Damage to roads, railroad crossings, and other road structures The Code of the Republic of Kazakhstan on Administrative Offences
1. Damage to roads, railway crossings and other structures or technical means of regulating traffic, including by polluting the pavement or driving animals outside specially designated areas and along roads with improved pavement, as well as limiting the visibility of traffic control due to the installation of various structures or planting of green spaces, or their untimely pruning -
They impose a fine on individuals in the amount of two, on officials, small business entities - in the amount of ten, on medium-sized businesses - in the amount of twenty, on large businesses - in the amount of thirty monthly calculation indices.
2. Violations provided for in the first part of this Article that have caused a traffic accident with minor injury to the victim, damage to vehicles, cargo or other property, -
They impose a fine on individuals in the amount of five, on officials, small businesses - in the amount of thirty, on medium-sized businesses - in the amount of fifty, on large businesses - in the amount of one hundred monthly calculation indices.
The public danger of an offense is expressed in the fact that non-compliance with the rules of operation of railway crossings and road structures creates a risk of road accidents causing material damage or harm to human health.
The object of the offense of the article in question is public relations in the field of railway transport and road safety.
All road and railway traffic participants are required to comply with transport safety measures, and if appropriate damage or interference is detected, report this to road authorities and organizations or territorial internal affairs bodies.
Requirements concerning the safety of highways, railway structures and other road structures are contained in specialized regulatory legal acts on the protection of roads and road structures.:
1) approval of the Rules for the operation of railway crossings. Order of the Minister of Transport and Communications of the Republic of Kazakhstan dated March 25, 2011 No. 168;
2) on the approval of Safety Rules for railway transport. Order of the Acting Minister of Investment and Development of the Republic of Kazakhstan dated March 26, 2015 No. 334;
3) on the approval of the Technical Regulations "Safety requirements for the operation of highways". Resolution of the Government of the Republic of Kazakhstan dated March 27, 2008 No. 294, etc.
The objective side of Part 1 of the administrative offense under consideration is characterized by the following qualifying features:
1) damage to roads, railway crossings and other structures;
2) damage to technical means of traffic regulation, including through contamination of the road surface;
3) driving animals outside designated areas and on roads with improved pavement;
4) the installation of various structures, which led to restrictions on the visibility of traffic control devices;
5) planting of green spaces, or their untimely pruning, which led to restrictions on the visibility of traffic control devices.
Technical means of regulating traffic – road signs, road markings, traffic lights (including equipment defining their work program), regulating devices at railway crossings, as well as road fences and guiding devices.
Technical means of traffic regulation can be divided into two groups according to their purpose.:
1) uncontrolled: road signs, road markings and guiding devices;
2) controlled: traffic lights, special control and measuring equipment and devices operating in automatic mode and controlled road signs.
According to the Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated July 22, 2016 No. 757, State control and supervision over compliance with regulations, regulations and standards is carried out by employees of internal affairs bodies. At the same time, the appointment of employees of the road and technical inspection department of the administrative police of districts (cities) is carried out after they have completed an internship at the Administrative Police Department of the Police Department for ten working days to study regulatory legal acts in the field of road safety.
The identification of the above-mentioned offenses is carried out through comprehensive examinations. A comprehensive inspection of railway crossings is carried out annually from April 1 to June 15. When conducting a comprehensive inspection of railway crossings, attention is paid to:
1) compliance of its category with traffic conditions;
2) geometric elements of the road on the approaches to the crossing;
3) ensuring visibility of the crossing and the railway track, the approaching train from the driver's seat;
4) equipping the crossing with road signs, light and sound alarms, traffic lights, barriers, artificial lighting, fences, parking gates;
5) the presence of footpaths;
6) the condition of the roadway at the crossing and approaches, flooring;
7) the presence of markings on the carriageway at the approaches to the crossing and vertical markings on road structures.
In cases of detection, during a comprehensive examination, of violations of the rules for the maintenance of railway crossings, measures are taken against officials and legal entities in accordance with Articles 630 and 631 of the Administrative Code. Quarterly surveys of highways and road structures (hereinafter referred to as quarterly surveys) are conducted to ensure continuous monitoring and supervision of their maintenance, and this survey checks highways and road structures during the quarter.
Day-to-day supervision of compliance with regulations, regulations and standards in the field of road activity and traffic management is carried out in order to promptly take measures to eliminate deficiencies that have arisen during the maintenance of roads, road structures, technical means of regulating traffic and other facilities, as well as during repair and construction work and other work on roads, creating obstacles to the movement of vehicles and a threat to its safety, and is carried out by employees of the internal affairs bodies, supervising traffic. When the facts of damage and (or) maintenance of roads, railway crossings and other structures or technical means of regulating traffic are revealed, including by polluting the road surface, as well as intentionally creating obstacles to the movement of vehicles, measures are taken against the perpetrators in accordance with Articles 614, 630, 631 and 632 of the Administrative Code.
The objective side of part 2 of the commented article is expressed in the form of illegal actions (omissions) provided for in part one of this article, which entailed negative consequences in the form of road accidents causing minor injury to the victim, damage to vehicles, goods or other property.
According to paragraph 29 of the section of the Rules of the Road, a traffic accident is an event that occurred during the movement of a vehicle along the road and with its participation, resulting in injury to health, death of a person, damage to vehicles, structures, goods or other material damage.
In the case of consequences of a traffic accident that caused minor injury to the victim(s), additional qualifications under Article 73-1 and part 2 of Article 610 of the Administrative Code are not required if they are caused as a result of illegal actions specified in part one of Article 630 of the Administrative Code.
If damage to vehicles, cargo or other property has caused a traffic accident due to illegal actions specified in Part 1 of Article 630 of the Administrative Code, then additional qualification under Part 1 of Article 610 of the Administrative Code is not required.
Based on paragraph 26 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated October 6, 2017 No. 7, the procedure for compensation for damage caused by a traffic accident has been clarified. If the only victim in a traffic accident is the offender himself, such a driver is not subject to administrative liability under Articles 610 and 611 of the Administrative Code, but may be held administratively liable under the relevant article of the Special Part of the Administrative Code, which provides for liability for violating a specific paragraph of the Traffic Rules. At the same time, issues of compensation for damage caused to the property of other co-owners of common property with the driver are subject to consideration and resolution in civil proceedings.
The subjects of administrative offenses are individuals, officials, and legal entities that are subjects of small, medium, and large businesses.
The subjective side of the offense can be expressed by guilt in the form of direct intent or by negligence.
They have the right to initiate proceedings under the commented article and impose an administrative penalty.:
1) in all 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, part 2, art. 685 of the Administrative Code);
2) for all units - 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, part 2, art. 685 of the Administrative Code);
3) according to the first part - the heads of line departments, departments, police stations of the internal affairs bodies and their deputies (paragraph 3, part 2, art. 685 of the Administrative Code);
4) according to the first part - employees of the internal affairs bodies (police) with special ranks (paragraph 4, part 2, art. 685 of the Administrative Code).
According to part 2 of Article 812 of the Administrative Code, the case of an administrative offense provided for in Article 630 of the Administrative Code may be considered not only at the place of its commission, but also at the place of registration of the vehicle or at the place of residence of the person against whom proceedings on the 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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