Compensation for material damage caused by unlawful actions of a police officer

By the decision of the Lisakovsky City Court of the Kostanay region dated 17.09.2015, the claim of V.A. to the Traffic Patrol Police of the Lisakovsky city Department of Internal Affairs for compensation for material damage caused by the unlawful actions of a police officer was also reasonably denied.

The court of first instance found that on 07/30/2015, at 05:30 a.m., a protocol on administrative offense No. 0070776 was drawn up by the police Department of the Lisakovsky Department of Internal Affairs in relation to V.A., who at 05:25 a.m. in Lisakovsk on Hospital Street, was driving a bus PAZ 32054 with an unreadable state registration plate, thereby having committed an administrative offense under Part 1 of Article 590 of the Criminal Code. According to this protocol, V.A. He was informed, and they were given explanations that he was driving a bus PAZ 32054, state number R 277 KKM with an unreadable state license plate.

At 05:45 hours on the same day, i.e., on July 30, 2015, a second report on administrative offense No. 0070777 was drawn up against V.A. by the Lisakovsky police Department officer of the Department of Internal Affairs of the Sha-ym A.T., since V.A. was born on July 30, 2015 at 05:25 hours, in Lisakovsk on the street.He was driving a PAZ 32054 bus with a crack in the windshield of the vehicle, thereby committing an administrative offense under Part 5 of Article 590 of the Criminal Code.

The data of the protocol on administrative offenses has not been challenged by anyone and has entered into legal force. 71 of the CPC RK, the guilt of a person in committing an administrative offense, established by a court decision that entered into force in the case of an administrative offense, is not proven again when considering the case on the civil consequences of the administrative offense committed by this person.

The time of drawing up the protocol is not regulated by the legislation of the Republic of Kazakhstan. Indeed, paragraph 1 of Article 806 of the Code of Administrative Offences provides for the preparation of a protocol on an administrative offence immediately after the discovery of the fact of an administrative offence. In the case under consideration, the inspector of the Lisakovsky police department's DPP, after discovering the offense at 05:25 on 07/30/2015, two protocols on an administrative offense were drawn up in turn, at 05:30 and 05:45 minutes, respectively. In addition, no documents have been submitted regarding the plaintiff's claim for damages due to the disrupted intercity flight.

Compensation for damage caused by illegal actions of officials, specified in Articles 917, 922 of the Civil Code of the Republic of Kazakhstan, presupposes the existence of a judicial act recognizing the protocol on an administrative offense as illegal in accordance with the procedure provided for by law.

 

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