In an administrative offense, an additional penalty in the form of deprivation of the right to drive a vehicle cannot be applied along with a fine
By the resolution of the Makhambet District Court of Atyrau region dated December 20, 2012, S. was found guilty by Article 468-1 of the code of administrative offenses of the Republic of Kazakhstan (hereinafter referred to as the Administrative Code), with an administrative fine of 323,600 tenge in the amount of 200 monthly calculation indices and a penalty of deprivation of the right to drive a vehicle for a period of 2 years. By the decision of the Appellate Judicial Board of Atyrau Regional Court dated January 14, 2013, the court decision was left unchanged. In protest, the deputy prosecutor general of the Republic of Kazakhstan amended the resolution of the Makhambet District Court and the ruling of the Appellate Judicial Board of the Atyrau Regional Court, asking for the abolition of the penalty for depriving S. of the right to drive a car for a period of 2 years in the resolution of judicial acts. After hearing the conclusion of the prosecutor who confirmed the motives of the protest, studying the case materials, the supervisory judicial board comes to the conclusion that the prosecutor's protest is subject to satisfaction on the following grounds.
In an administrative offense, an additional penalty in the form of deprivation of the right to drive a vehicle cannot be applied along with a fine
According to the court decision, S., while driving a Vaz-21070 car along the Atyrau-Uralsk highway, without observing the rules of road safety, he made an indirect collision on the left side of a Renault truck, which overturned on the right side of the road. As a result of the accident, moderate damage to the health of the passenger T., who was sitting in the Vaz-21070 car, was caused. In accordance with paragraph 14 of the normative resolution of the Supreme Court of the Republic of Kazakhstan dated November 26, 2004 No. 18" on some issues of application by courts of legislation on administrative offenses", administrative punishment for committing an administrative offense is applied only within the sanction of the articles of the special part of the Administrative Code. Article 468-1 of the administrative code states that violation of the rules of road traffic or operation of vehicles by a person driving a car, trolleybus, tram or other mechanical vehicle by negligence entails causing moderate harm to the health of a person-a fine in the amount of two hundred to five hundred monthly figures or administrative arrest for up to forty-five days and deprivation of the right to drive a vehicle for a period of one to two years. The word "what" in the sanction of said article is a continuation word used to highlight homogeneous sentences and phrases that have an equivalent meaning and connect them with each other. Therefore, an additional penalty in the form of deprivation of the right to drive a vehicle provided for in Article 468-1 of the Administrative Code should be imposed only when applying the penalty of administrative arrest. That is, an additional penalty in the form of deprivation of the right to drive a vehicle cannot be applied in parallel with a fine. In this regard, the imposition of penalties in the form of fines and deprivation of the right to drive a vehicle contradicts the requirements of Part 2 of Article 44 of the Administrative Code, since the administrative penalty is applied in order to restore social justice and educate the perpetrator of the offense in the spirit of compliance with the requirements of the law and respect for law and order, as well as to prevent In accordance with Part 2 of Article 665 of the administrative code, improper application of the law on administrative responsibility is the basis for canceling the decision in the case of an administrative offense or changing it. On the basis of this, the penalty for depriving him of the right to drive a vehicle for a period of two years is subject to removal from the resolution part of judicial acts in relation to S.
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