It is unacceptable for a person to be held administratively liable, along with a fine and additional penalty in the form of deprivation of the right to drive a vehicle.
By the resolution of the specialized interdistrict Administrative Court of Almaty dated June 21, 2013, A. was brought to administrative responsibility under Article 468-1 of the Administrative Code with a fine of 200 monthly calculation indices (hereinafter – MCI) in the amount of 346,200 tenge with deprivation of the right to drive a vehicle for a period of one year. The case was not considered by the Almaty City Court on the complaint or protest. In the protest, the Deputy Prosecutor General requested that the above-mentioned resolution of June 21, 2013 be amended in connection with the improper application of the law by the specialized interdistrict administrative court of Almaty, to exclude the imposition of an administrative penalty on A. in the form of deprivation of the right to drive a vehicle for a period of one year under Article 468-1 of the Administrative Code. The Supervisory Judicial Board of the Supreme Court has changed the resolution of the specialized interdistrict administrative Court of Almaty.
The imposition of a penalty on A. under Article 468-1 of the Administrative Code in the form of deprivation of the right to drive a vehicle for a period of one year was canceled. In the rest, the resolution of the specialized interdistrict administrative court of Almaty remained unchanged on the following grounds. As can be seen from the case file, and recognized as established by the specialized interdistrict administrative court, on May 04, 2013, A., driving a car along Rayymbek Street near the intersection with Tlendiev Street in Almaty, without ensuring road safety, hit R., who was passing through the roadway at a pedestrian crossing, whose health was harmed as a result. moderate severity. Due to these circumstances, A. was brought to administrative responsibility under Article 468-1 of the Administrative Code.The validity of the involvement of A. administrative responsibility and the correctness of the qualification of the offense committed by him under Article 468-1 of the Administrative Code are not disputed in the protest and are not questioned by the supervisory judicial board of the Supreme Court.
At the same time, the protest contains arguments about the incorrect application of the law by the specialized interdistrict administrative court when imposing penalties on the offender under Article 468-1 of the Administrative Code. In accordance with part 1 of Article 60 of the Administrative Code and according to paragraph 14 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan "On certain issues of the application of legislation on administrative offenses by courts" No. 18 dated November 26, 2004, an administrative penalty for an administrative offense is imposed only within the scope of the sanction of the article of the special part of Section 2 of the Administrative Code. According to part 1 of Article 46 of the Administrative Code, an administrative fine can be applied only as the main administrative penalty. The sanction of Article 468-1 of the Administrative Code provides for two types of basic administrative penalties applied on an alternative basis - a fine (in the amount of two hundred to five hundred MCI) or administrative arrest (up to forty-five days), the latter of which is applied with an additional penalty in the form of deprivation of the right to drive a vehicle (for a period of one year to two years)
In this regard, the application to a person brought to administrative responsibility under Article 468-1 of the Administrative Code, along with a fine and additional penalty in the form of deprivation of the right to drive a vehicle is unacceptable. In violation of the above provisions of the law, the specialized interdistrict administrative court of the city of Almaty unnecessarily applied an administrative penalty in the form of deprivation of the right to drive a vehicle for a period of one year under Article 468-1 of the Administrative Code. In accordance with subparagraph 2) of Article 665, subparagraphs 1), 3) of part 1 of Article 667 of the Administrative Code, improper application of the law on administrative responsibility, resulting in violation of the requirements of Section 1 and the general part of Section 2 of the Administrative Code, in the imposition of an administrative penalty more severe than provided for by the sanction of the relevant article of the special part of Section 2 of the Administrative Code, are the basis for changing the decision in the case of an administrative offense.
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