Lawyer in cases of administrative offenses lawyer in the case when a court in Almaty imposes a fine against the offender as an administrative penalty, it is not allowed to impose an additional penalty on him in the form of deprivation of the right to drive a vehicle
By the decision of the Aksu district court of Almaty region dated December 26, 2012, A. 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), he was fined in the amount of 200 monthly calculation indices, that is, 323,600 tenge, deprived of the right to drive a vehicle for a period of 2 years. By the decision of the Almaty Regional Court dated January 17, 2013, the court decision was unchanged, and the complaint of A. was dismissed. In protest, the deputy prosecutor general of the Republic of Kazakhstan disagreed with the judicial acts and asked to cancel the penalty for deprivation of the right to drive a vehicle for a period of 2 years, which was assigned to him as an additional punishment. Having heard the conclusion of the prosecutor, who confirmed the motives of the protest, having studied the case materials, the supervisory judicial board came to the conclusion that the prosecutor's protest is subject to satisfaction on the following grounds. A. While driving along the central street of the village of Kyzylagash in an Audi-100 car, a minor T. was hit by a group of children standing on the street, who ran into the street. As a result, as a result of a traffic accident, T. received moderate physical injury.
Lawyer in cases of administrative offenses lawyer in the case when a court in Almaty imposes a fine against the offender as an administrative penalty, it is not allowed to impose an additional penalty on him in the form of deprivation of the right to drive a vehicle
For this act, A. is punished by Article 468-1 of the Administrative Code for the payment of a fine in the amount of 200 monthly calculation indices and deprivation of the right to drive a vehicle for a period of 2 years. However, according to the sanction of Article 468-1 of the Administrative Code, for this offense, a fine in the amount of two hundred to five hundred monthly calculation indices is provided, 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. That is, the norm of the sanction of this article specifies two independent penalties: a fine; administrative arrest and deprivation of the right to drive a vehicle. These penalties are applied taking into account the state of the offender's personality, mitigating, aggravating circumstances of responsibility. In this regard, in the event that the court imposes a fine against the offender as an administrative penalty, it is not allowed to impose a penalty of deprivation of the right to drive a vehicle as an additional penalty. Nevertheless, the court imposed on the offender A. In addition to imposing a fine in the amount of 200 monthly calculation indices, an additional penalty for deprivation of the right to drive a vehicle for a period of 2 years. 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 " states that an administrative penalty for committing an administrative offense is applied only within the sanction of articles of the special part of the Administrative Code. In accordance with Part 3 of Article 665 of the administrative code, improper application by a judge of the law on administrative responsibility is the basis for canceling or changing the decision in the case of an administrative offense. Based on this, the supervisory judicial board amended the judicial acts against S. and removed the penalty for deprivation of the right to drive a vehicle for a period of 2 years, which was assigned as an additional punishment
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