Expiration of the limitation period for administrative liability.
It should be noted that judges mostly correctly apply the norms of Article 62 of the Administrative Code and other regulatory legal acts of the Republic of Kazakhstan. By a resolution of the Petropavlovsk City CAC dated March 6, 2017, the proceedings against S. under part 1 of Article 608 of the Administrative Code were terminated due to the expiration of the statute of limitations for administrative liability. It was established that on September 17, 2016, at about 19:45 in the city of Petropavlovsk on S.Zhabaeva St., without having the right to drive vehicles, he was driving a Suzuki car, Mr. 98 AF 15. According to the conclusion of medical examination No. 149, he was in a state of mild intoxication. The protocol on the administrative offense was drawn up on September 17, 2016. However, the case was sent to court only on March 6, 2017, after five months from the date of the offense. Meanwhile, in accordance with Article 808 of the Administrative Code, the protocol on an administrative offense, the responsibility for which may entail the application of administrative arrest, is sent to the judge immediately after it is drawn up. However, this requirement of the law was not fulfilled by the police battalion of the Highway Patrol police (hereinafter – BDPP) S., which led to the omission of the statute of limitations for bringing S. to administrative responsibility under Part 6 of Article 608 of the Administrative Code. In this regard, the court issued a private decision to the Department of Internal Affairs of the region. By a resolution of the Atyrau City CAC dated October 4, 2017, the administrative offense case against U. was terminated under part 1 of Article 434 of the Administrative Code due to the expiration of the statute of limitations. So, on January 26, 2017, an employee of the Atyrau police department, police Lieutenant R. A protocol on an administrative offense against Sh was drawn up. according to part 1 of Article 434 of the Administrative Code.
According to the protocol, on that day, at about 4:42 p.m., in the area of the Dina shopping center in Atyrau, he cracked sunflower seeds and threw the husks onto the asphalt, polluting a public place. However, the materials were submitted to the court for consideration on the merits only on October 4, 2017. In this regard, the court, having terminated the proceedings in the case, sent a private ruling to the Department of Internal Affairs of Atyrau region. The SAS drew attention to the gross violation of the norms of the Administrative Code by Police Lieutenant R., whose inaction contributed to the abduction of S. from administrative responsibility.
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