Termination of the proceedings in connection with the insignificance of the committed administrative offense
By a decision of the judicial board for Civil Cases of the East Kazakhstan Regional Court dated August 21, 2019, the decision of the CAS of the city of Ridder dated August 24, 2018, which terminated the proceedings against V. under part 3 of Article 596 of the Administrative Code due to the insignificance of the offense, was canceled. By the decision of the Judicial Board for Civil Cases of the East Kazakhstan Regional Court of August 14, 2019, the decision of the CAS of the city of Ridder dated February 19, 2019, which terminated the proceedings in respect of P., was canceled. according to part 3 of Article 596 of the Administrative Code in connection with the insignificance of the offense committed. (The situation is similar with respect to K., P.) In accordance with part 3 of Article 596 of the Administrative Code, administrative liability is provided for driving to the side of the carriageway of a road intended for oncoming traffic, the sanction of which provides for the deprivation of the right to drive vehicles for a period of 6 months (an alternative sanction). The object of the offense provided for in Part 3 of Article 596 of the Administrative Code is road safety - the condition of road traffic, reflecting the degree of protection of its participants from road accidents and their consequences, as well as the negative effects of road traffic on the environmental situation and public health.
Termination of the proceedings in connection with the insignificance of the committed administrative offense
The Rules of the road (hereinafter referred to as the SDA) establish a single traffic order on the territory of the Republic of Kazakhstan, in case of violation of which administrative liability is provided. By paragraph 2 of Section 9 of the traffic Regulations, a driver on two-way roads with four lanes or more is prohibited from driving to the side of the road intended for oncoming traffic. On such roads, left turns or U-turns can be performed at intersections and in other places where this is not prohibited by Rules, signs, and/or markings. There are no reservations in this provision. Entering a lane intended for oncoming traffic poses a real threat to the life of both the offender and the persons in the vehicle moving from the opposite direction. In this regard, the legislator under this article provides for a strict measure in the form of deprivation of the right to drive a vehicle, without an alternative, therefore this offense cannot be considered insignificant. Exemption from administrative penalties and recognition of traffic violations as minor offenses give rise to a sense of impunity among citizens, do not contribute to the formation of intolerance to illegal behavior, and hinder the achievement of the goal of prevention, preventing the commission of new offenses. At the same time, there is another judicial practice. Thus, by the resolution of the SMAS of the city of Kokshetau dated April 23, 2018, Yu. according to part 3 of Article 596 of the Administrative Code, he was released from administrative responsibility due to insignificance. Motives: absence of road markings, absence of damage, 33 years of driving experience. By the decision of the Judicial Board for Civil Cases of the Akmola region dated May 14, 2019, the decision of the court of first instance remained unchanged. According to part 3 of Article 610 of the Administrative Code, by the Resolution of the Uralsk City Council of Administrative Offences dated September 12, 2018, according to part 3 of Article 610 of the Administrative Code. Motives: admission of guilt, commission of an offense for the first time, voluntary compensation for damage, absence of aggravating circumstances, fine under this article (144,300 tenge) exceeds the damage caused by an accident in the amount of 20,000 tenge. At the appeal request of the deputy prosecutor, the decision of the first instance was overturned, and K. was fined 60 MCI. The Court of Appeal's conclusions did not take into account the specific circumstances of the case. It was not taken into account that K., being a person who did not have the right to drive a vehicle, got behind the wheel of a Vaz 210930 car, and even with forged state registration plates.
Subsequently, he committed an accident and fled, leaving the scene of the accident. The court did not assess the identity of the offender, who had previously been repeatedly brought to administrative responsibility, including for driving while intoxicated (September 2, 2014 under part 3 of Article 467 of the Administrative Code (old edition), committing an accident (March 15, 2016 under part 3 of Article 610 of the Administrative Code). The use of insignificance should not contribute to the formation of an atmosphere of impunity, which is incompatible with the principle of the inevitability of responsibility for violations of the rule of law. The liberation of K. due to its insignificance, it will not help prevent the commission of new offenses, which confirms that K. was brought to administrative responsibility by the Uralsk City Police Department on February 12, 2019, under part 7 of Article 613 of the Administrative Code (Failure to comply with the lawful requirement of an internal affairs officer solely by the person driving the vehicle to undergo an examination for alcohol, narcotic and (or) drug intoxication, committed by a person deprived of the right to drive a vehicle) by 20 days of arrest.
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
