Private resolution Foreign and international driving licenses are considered invalid for driving vehicles in the territory of the Republic of Kazakhstan after sixty days from the date of entry into the Republic of Kazakhstan.
By a decision of the court of the Akkuli district of Pavlodar region dated July 30, 2019, proceedings on an administrative offense against T. were terminated under part 3 of Article 610 of the Code of Administrative Offenses of the Republic of Kazakhstan (hereinafter referred to as the Administrative Code) due to the absence of an administrative offense. As a result of the consideration of the case, the court issued a private resolution dated July 30, 2019 to the head of the Department of Internal Affairs of the Akkuli district of the Pavlodar region. In his submission, the Chairman of the Supreme Court of the Republic of Kazakhstan proposes to review the judicial act issued in the case in cassation due to a violation of uniformity in the interpretation and application of legal norms by the court. There are such grounds in this case. It follows from the case file that on July 30, 2019, the driver of the vehicle, T., not having the right to drive, committed a traffic violation that caused material damage. It was established that at the time of the traffic accident, T., having been a citizen of the Republic of Kazakhstan since 2007 and living on its territory, was driving a vehicle on the basis of a driver's license issued on April 12, 2002 in the Republic of Uzbekistan. These facts served as the basis for drawing up an administrative offense protocol No. 39504 dated July 30, 2019 in respect of T. under part 3 of Article 610 of the Administrative Code. Having considered the case, the court came to the conclusion that it was unlawful to impute an administrative offense to the said person due to the fact that he had a foreign driver's license and the lack of evidence of causing minor harm to health. Therefore, the court issued a private ruling, pointing to gross violations of the law committed by police officers during the proceedings. Based on the results of the cassation review of the private resolution, the board concludes that it is unjustified on the following grounds. Part 3 of Article 610 of the Administrative Code provides for administrative liability for violation of traffic rules by a driver who does not have or is deprived of the right to drive a vehicle, resulting in damage to vehicles, goods, roads, road and other structures or other property, causing material damage, minor harm to the health of the victim. The facts of violations of traffic rules and driving on the basis of a foreign driver's license have been reliably confirmed by the case materials and recognized as an offender. In accordance with paragraph 19 of the Law of the Republic of Kazakhstan "On Road Traffic" (hereinafter referred to as the Law), foreign and international driver's licenses are declared invalid for driving vehicles in the territory of the Republic of Kazakhstan after sixty days from the date of receipt by their owner, who is a foreign citizen or a stateless person, of a residence permit, or after sixty days from the date of entry into the Republic of Kazakhstan of their owner, who is a citizen of the Republic of Kazakhstan.
Private resolution Foreign and international driving licenses are considered invalid for driving vehicles in the territory of the Republic of Kazakhstan after sixty days from the date of entry into the Republic of Kazakhstan.
In connection with the above, taking into account that T. has the citizenship of the Republic of Kazakhstan and the residence of this person on its territory since 2007, by virtue of this provision of the Law, a foreign driver's license is considered invalid for driving vehicles in the territory of the Republic of Kazakhstan. On this basis, the initiation of proceedings against T. on an administrative offense under part 3 of Article 610 of the Administrative Code is lawful, and the private decision issued by the court is unjustified and is subject to cancellation. In this regard, the submission of the Chairman of the Supreme Court of the Republic of Kazakhstan is subject to satisfaction. The Specialized Judicial Board of the Supreme Court overturned a private ruling of the court of first instance in respect of T. The submission of the Chairman of the Supreme Court of the Republic of Kazakhstan was satisfied.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
