Commentary to article 631. Violation of the rules of maintenance of roads, railway crossings and other road structures The Code of the Republic of Kazakhstan on Administrative Offences
1. Failure to comply with requirements for work on roads, maintenance of roads, railway crossings and road structures, and other requirements established by the rules of road safety, -
they impose a fine on individuals in the amount of two, on officials, small businesses - in the amount of ten, on medium-sized businesses - in the amount of fifteen, on large businesses - in the amount of thirty monthly calculation indices.
2. Actions provided for in the first part of this article that have caused a traffic accident with minor injury to the victim's health, damage to vehicles, cargo, roads, road and other structures or other property, -
They impose a fine on officials and small business entities in the amount of fifteen, on medium-sized businesses in the amount of twenty, and on large businesses in the amount of thirty monthly calculation indices.
The title of the article does not correspond to the content of the disposition, since the title of the article provides for administrative liability for "violation of the rules ...", and the qualifying feature of the offense is characterized by actions in the form of "violation of requirements ...". In this regard, appropriate changes should be made to the heading of article 631, since there are no Rules for the maintenance of roads, railway crossings and other road structures in the Republic of Kazakhstan.
The common object of the offense is social and legal relations in the field of road safety. The generic object of the administrative offense being commented on is the social relations that arise during the maintenance of roads, railroad crossings, and other road structures.
This article uses blank concepts: road, railway crossing, road structures, the definitions of which are provided by other legal acts of the Republic of Kazakhstan.
Paragraph 11 of Article 1 of the Law of the Republic of Kazakhstan dated April 17, 2014 "On Road Traffic" defines the concept of a road. A road is the entire strip of land or the surface of an artificial structure, equipped or adapted and used for the movement of vehicles and pedestrians in accordance with the procedure established by this Law. A road includes one or more carriageways, as well as tram tracks, sidewalks, curbs, and dividing lanes, if any.
The classification of highways is given by Article 3 of the Law of the Republic of Kazakhstan dated July 17, 2001 No. 245 "On Highways". Highways of the Republic of Kazakhstan are divided into public highways, commercial highways, and streets of populated areas.
The concepts and types of railway crossings are defined at the subordinate level by the Order of the Minister of Transport and Communications of the Republic of Kazakhstan dated March 25, 2011 No. 168 "On approval of the Rules of operation of railway crossings". A railway crossing is a high-risk facility located at the intersection of a highway and railway tracks on the same level, which are divided into:
1) regulated crossings - crossings equipped with crossing alarm devices that notify vehicle drivers of the approach to the train crossing or serviced by employees on duty.;
2) unregulated crossings – crossings that are not equipped with crossing alarm devices.
Unfortunately, the concept of road structures is not given at the legislative level. However, subparagraph 4 of paragraph 9 of the Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated July 22, 2016 No. 757 lists the types of road structures. In this regard, road structures should be understood as bridges, overpasses, overpasses, tunnels, viaducts, underground and aboveground pedestrian crossings.
The objective side of Part 1 of an administrative offense is manifested in illegal actions (omissions) that violate the rules of road safety by:
1) failure to comply with the requirements for work on the roads;
2) failure to comply with the requirements for the maintenance of roads, railway crossings and road structures;
3) failure to comply with other requirements established by the rules of road safety.
Article 37 of the Law of the Republic of Kazakhstan dated April 17, 2014 "On Road Traffic" lists the basic requirements for officials and other persons responsible for the condition of roads, railway crossings and other road structures, who are required to:
1) maintain roads, railway crossings and other road structures in a safe condition for traffic in accordance with the requirements of standards, norms and regulations;
2) take measures to eliminate obstacles to traffic in a timely manner, prohibit or restrict traffic on certain sections of roads when their use threatens traffic safety.
Officials and other persons responsible for carrying out work on roads are required to ensure traffic safety at work sites. These places, as well as non-working road vehicles, construction materials remaining at the end of work, and structures that cannot be removed from the road must be marked with guides and fencing devices, road signs, and at night and in conditions of insufficient visibility, additionally with red or yellow warning lights. Upon completion of the work, conditions for the safe movement of vehicles and pedestrians must be ensured on the road.
When carrying out work on roads and railway crossings, warning signs approved by the Rules of the Road must be used. Warning signs inform drivers about approaching a dangerous section of the road, which requires appropriate measures to be taken.
Officials and other persons responsible for work on roads are required to ensure traffic safety in places where road and other work is carried out by:
1) installation of information boards and necessary road signs at a distance of at least fifty meters from the place of road and other works in populated areas and three hundred meters outside populated areas, warning road users about these works;
2) setting the maximum permitted speed of vehicles in the area of road and other works not more than thirty kilometers per hour in populated areas and not more than sixty kilometers per hour outside populated areas. In areas of long-range road and other works, the speed limit must be duplicated at regular intervals by installing appropriate signs.;
3) designations of the lane along which vehicles should move, with appropriate and clearly visible vertical and horizontal road markings;
4) regularly carrying out, together with the authorized body, measures to monitor compliance with speed limits for vehicles in the area of road and other works;
5) providing persons engaged in road and other work on the carriageway with signalling protective clothing that ensures their visibility at any time of the day at a great distance and meets the requirements of international and national standards.
The subjects of part 1 of the article under consideration are individuals and officials, as well as legal entities in the form of small, medium and large businesses
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 a traffic accident with minor injury to the victim's health or damage to vehicles, cargo, roads, road or other structures or other property.
The concept of a traffic accident is given by subparagraph 29 of paragraph 2 of the Traffic Rules. 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.
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 part 2 of Article 59 of the Administrative Code, compensation for property damage in cases of administrative offenses considered by other authorized bodies (officials), in case the guilty person refuses his voluntary compensation, is carried out in civil proceedings. 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 subjects of part 2 of the commented offense are officials, as well as legal entities in the form of small, medium and large businesses.
The subjective side of the commented article can be expressed both in the form of direct intent and carelessness.
He has the right to consider cases of administrative offenses under Article 631 of the Administrative Code.
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, city of republican significance, capital, their deputies (paragraph 1 of part 2 of Article 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 of part 2 of Article 685 of the Administrative Code);
3) the head of the transport control body and his deputies, heads of territorial transport control bodies and their deputies (paragraph 1, part 2, art. 691 of the Administrative Code);
4) authorized officials of the transport control authorities (paragraph 2, Part 2, Article 691 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).
Based on Article 812 of the Administrative Code, all types of offenses provided for in all parts of 631 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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