The circumstances established by an effective court decision in a civil case or a judge's ruling in another administrative offense case do not need to be proved when considering other administrative offense cases involving the same persons.
By the resolution of the specialized Interdistrict Administrative Court of Astana dated September 19, 2016, he was prosecuted for committing an administrative offense under part 1 of Article 610 of the Code of Administrative Offenses of the Republic of Kazakhstan (hereinafter referred to as the Administrative Code). By the decision of the Judicial Board for Civil Cases of the Astana City Court dated October 13, 2016, the judicial act of the first instance was canceled with the termination of the proceedings on the grounds of the absence of an administrative offense in the actions of the person brought to administrative responsibility. The Judicial Board of the Supreme Court upheld the contested decision of the appellate instance, and dismissed the Prosecutor General's protest on the following grounds. It follows from the case file that on June 28, 2016 at 7:45 a.m. at the intersection of Koshkarbayev –Obagan streets in Astana, a traffic accident occurred as a result of a collision between ToyotaCamry brand cars driven by G. and ToyotaHighlander driven by H. As follows from the scheme of the traffic accident, the video surveillance camera recordings available in the case, at the time of the collision of vehicles, the driver of the ToyotaCamry G. was performing a maneuver - a left turn from Koshkarbayev Street to Obagan Street. By the time of the collision, the ToyotaHighlander car was under X's control. He was moving from the opposite direction directly along Koshkarbayev Street. The basis for bringing the court of first instance to administrative responsibility was the findings of non–compliance with the requirements of paragraph 5 of Section 13 of the Rules of the Road, approved by Resolution of the Government of the Republic of Kazakhstan dated November 13, 2014 No. 1196 (hereinafter referred to as the Rules of the Road). The specified paragraph of the Traffic Rules stipulates that when turning left or making a U-turn at a traffic light, the driver of a trackless vehicle gives way to vehicles moving from the opposite direction straight or to the right, including those entering an intersection, in accordance with paragraph 14 of section 5 of the Traffic Rules.
At the same time, paragraph 14 of section 5 of these Rules allows drivers to move when the yellow signal is turned on, if the traffic light alarm mode does not ensure that the green signal flashes immediately before it is turned off and if the driver does not have the opportunity to stop without resorting to emergency braking. According to the general rule established by subparagraph 3 of paragraph 2 of Section 5 of the Traffic Rules, a yellow traffic light signal prohibits movement. When considering this case of an administrative offense, the court examined a video surveillance camera recording showing traffic control at the specified intersection with a traffic light flashing green before turning it off. The judicial board of the Astana City Court came to the conclusion that G. was not guilty of committing an administrative offense based on the conclusion of a forensic expert dated September 26, 2016. It follows from this conclusion that the ToyotaCamry car entered the intersection at a flashing green traffic light, and the ToyotaHighlander car entered the intersection in the opposite direction at a forbidding yellow traffic light. These conclusions are confirmed by the photo tables available in the case, the video surveillance camera recording and the program for organizing traffic and phase separation. By the resolution of the Judicial Board for Civil Cases of the Astana City Court dated October 13, 2016, the driver of the ToyotaHighlander X car. he was found guilty of committing an administrative offense under part 1 of Article 610 of the Administrative Code, as well as for violating subparagraph 2) of paragraph 5 of Section 1, subparagraph 3) of paragraph 2 of Section 5 of the Traffic Rules, expressed in failure to comply with the requirements of traffic lights, road signs, road markings, which are used to regulate traffic. According to part 1 of Article 769 of the Administrative Code, the circumstances established by an effective court decision in a civil case or a judge's ruling in another administrative offense case do not need to be proved when considering other administrative offense cases involving the same persons. In view of the above, the specialized judicial board of the Supreme Court considers the court's conclusion that there is no evidence in the act of G. The decision of the judicial board of the Astana City Court dated October 13, 2016 on the termination of proceedings in the case of an administrative offense against G. was lawful and justified. Paragraph 1 of article 14 of the International Covenant on Civil and Political Rights stipulates that everyone has the right to a fair and public hearing by a competent, independent and impartial court. In accordance with the provision of paragraph 1 of Article 76 of the Constitution of the Republic of Kazakhstan, judicial power is exercised on behalf of the Republic of Kazakhstan and has as its purpose the protection of the rights, freedoms and legitimate interests of citizens and organizations, ensuring the implementation of the Constitution, laws, other normative legal acts, international treaties of the Republic. Thus, the specialized judicial board of the Supreme Court left the decision of the appellate instance unchanged, and the protest of the Prosecutor General of the Republic of Kazakhstan was not satisfied.
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