Civil law firm The application of an additional penalty in the form of deprivation of the right to drive a vehicle is unacceptable
By a resolution of the Kyzylzhar District Court dated December 19, 2012, D. was found guilty of committing an administrative offense under Article 468-1 of the Administrative Code, with the application of an administrative penalty in the form of a fine of 250 monthly calculation indices in the amount of 404,500 tenge and deprivation of the right to drive a vehicle for a period of two years. By the ruling of the North Kazakhstan Regional Court of January 21, 2013, the decision of the court of first instance remained unchanged. d found guilty of violating traffic rules and operating a vehicle under the following circumstances. Driving a car, at the 952nd kilometer of the Zhezkazgan - Petropavlovsk highway, he left the gas station on the main road, occupying the lane in front of a moving car driven by H., who turned right in order to avoid a collision, and her car flew into a ditch. As a result of a traffic accident, her health suffered moderate damage.
Civil law firm The application of an additional penalty in the form of deprivation of the right to drive a vehicle is unacceptable
The protest of the Deputy Prosecutor General raises the issue of changing judicial acts regarding the imposed administrative penalty due to the incorrect application of the law on administrative responsibility by local courts. When imposing an administrative penalty on D., local courts incorrectly applied the law on administrative responsibility, which, by virtue of Article 665 of the Administrative Code, is the basis for reviewing judicial acts that have entered into force. Improper application of the law on administrative responsibility in accordance with subparagraph 3) of Article 667 of the Administrative Code is understood to mean 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. Article 468-1 of the Administrative Code provides that a person guilty of violating traffic rules and operating vehicles may be fined in the amount of two hundred to five hundred monthly calculation indices 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. The sanction of this article is an alternative one, since the dividing conjunction "either" indicates the need to choose between two main administrative penalties – a fine and administrative arrest. Deprivation of the right to drive a vehicle under this article is provided as an additional penalty only when administrative arrest is applied. Meanwhile, according to Article 468-1 of the Administrative Code, a fine was imposed on D. as the main penalty, respectively, the application of an additional penalty in the form of deprivation of the right to drive a vehicle is unacceptable. Since the local courts made a mistake in applying the law on administrative responsibility, the contested judicial acts are subject to change with the exception of additional penalties under Article 468-1 of the Administrative Code. The Supervisory Judicial Board of the Supreme Court changed the decision of the Kyzylzhar district Court and the ruling of the North Kazakhstan Regional Court in relation to D.. She cancelled judicial acts regarding the application of additional penalties in the form of deprivation of the right to drive a vehicle for a period of two years.
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