The concept of other mechanical vehicles in criminal law
In the criminal law of the Republic of Kazakhstan, "other mechanical vehicles" (paragraph 8 of Article 3 of the Criminal Code of the Republic of Kazakhstan) are mechanisms that include tractors, motorcycles, self—propelled machines (excavators, cranes, graders, rollers) and other similar devices. These vehicles are different from regular cars, but they can be the targets of crimes such as theft, damage, or illegal use.
"Other mechanical vehicles" are vehicles that are not normally operated on public roads, but may become the target of offenses related to their theft, damage or unauthorized use.
Main characteristics of other motor vehicles:
1. Self—propelled vehicles are mechanisms used in industry, construction, agriculture, and other fields that are operated by humans and can move independently, but are not designed to carry passengers.
2. Tractors and motorcycles are also included in this category, since their operation is regulated not only by traffic regulations, but also by special regulations for agricultural and construction needs.
1. Legislative regulation:
- The term "other mechanical vehicles" covers vehicles that are not normally intended for use on public roads, but can be used in construction, agriculture or industrial facilities.
- An important regulatory act is the Law of the Republic of Kazakhstan "On Road Traffic", which regulates the use of all types of vehicles, including self-propelled vehicles and motorcycles. It defines the need for registration, technical inspection and compliance with safety regulations when operating these machines.
2. Criminal liability:
- If a crime, for example, theft or theft of a vehicle, concerns other motor vehicles, then responsibility comes under the relevant articles of the Criminal Code, for example, under Article 200 of the Criminal Code of the Republic of Kazakhstan (Illegal possession of a car or other vehicle without the purpose of theft). In this case, "other vehicles" means tractors, excavators and other equipment specified in paragraph 8 of Article 3 of the Criminal Code of the Republic of Kazakhstan.
- Liability for accidents or crimes involving such vehicles is also regulated by Chapter 14 of the Criminal Code of the Republic of Kazakhstan, in particular, Article 345 of the Criminal Code of the Republic of Kazakhstan (Violation of traffic rules or operation of vehicles by persons driving vehicles).
3. The Civil Code of the Republic of Kazakhstan (CC RK) regulates property relations related to the ownership and use of these vehicles. For example, a lease or sale agreement for such machines falls under the general provisions of the Civil Code, and damage caused by their use is compensated on a general basis (for example, Article 917 of the Civil Code of the Republic of Kazakhstan on compensation for damage).
4. Regulatory rulings of the Supreme Court of the Republic of Kazakhstan:
- In its explanations, the Supreme Court often refers to liability for the use and theft of other motor vehicles. For example, in the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated June 29, 2011 No. 3. On the practice of applying criminal legislation in cases of criminal offenses related to violations of traffic rules and vehicle operation
Thus, in criminal law, the concept of "other mechanical vehicles" includes specialized equipment that is subject to criminal law in cases of offenses related to their operation, damage or theft.
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