Commentary on Article 348 of the Criminal Code of the Republic of Kazakhstan. Substandard Repair of Vehicles or Release of Vehicles into Operation with Technical Malfunctions

1. Substandard repair of vehicles, means of communication, signalling or communication equipment, or other transport equipment, as well as the release into operation of knowingly technically defective vehicles by a person responsible for the technical condition of vehicles, or failure by an official responsible for the technical condition and operation of vehicles to comply with the requirements of established road traffic safety regulations, if these acts negligently result in the infliction of moderate bodily harm upon a person, —

shall be punishable by a fine in an amount of up to two hundred monthly calculation indices, or corrective labour in the same amount, or community service for a period of up to two hundred hours, or arrest for a period of up to fifty days.

2. The same acts resulting in the negligent infliction of grievous bodily harm upon a person, —

shall be punishable by a fine in an amount of up to two thousand monthly calculation indices, or corrective labour in the same amount, or community service for a period of up to six hundred hours, or restriction of liberty for a period of up to two years, or imprisonment for the same period, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or without such deprivation.

3. The acts provided for in Part One of this Article, resulting in the negligent death of a person, —

shall be punishable by imprisonment for a period of up to five years, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

4. The acts provided for in Part One of this Article, resulting in the negligent death of two or more persons, —

shall be punishable by imprisonment for a period of four to seven years, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to five years.

According to Article 15 of the Law of the Republic of Kazakhstan dated 21 September 1994 “On Transport”, vehicles must comply with the requirements concerning energy efficiency and the safety of human life and health and the environment established by technical regulations in the field of transport, possess a document confirming conformity, and also be registered in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

The public danger of the criminal offence under consideration (Part 1 constitutes a criminal misdemeanour, while Parts 2, 3 and 4 constitute crimes) lies in the fact that substandard repair of vehicles, means of communication, signalling or communication equipment, or other transport equipment, as well as the release into operation of knowingly technically defective vehicles, threaten the safety of vehicle traffic and create a real danger to the life and health of citizens and the risk of material, environmental and other damage.

The object of the criminal offence under consideration is the social relations ensuring the proper quality of vehicle repairs and the operation of vehicles participating in traffic. The additional object is the social relations guaranteeing the protection of the life and health of citizens.

The legislator classifies all types of railway, air, sea and inland waterway, road and urban rail transport, as well as routes, communication and signalling equipment, and other transport equipment as the subject matter of the act under consideration.

The characteristics of railway, air, sea and inland waterway, road and urban electric transport correspond to the characteristics provided for in Articles 3, 344 and 345 of the Criminal Code.

Routes are understood as follows:

In railway transport, pursuant to the Law of the Republic of Kazakhstan dated 8 December 2001 “On Railway Transport”, these are immovable property facilities (main lines, station tracks and access tracks) along which rolling stock is moved. They include conventional railways, narrow-gauge railways, children's railways, independent access tracks of enterprises, mines, shafts, etc.;

In sea and inland waterway transport, pursuant to the Law of the Republic of Kazakhstan dated 6 July 2004 “On Inland Water Transport”, these are natural or artificially created routes that may be used for navigation purposes. These include open sections of oceans and seas, straits, canals, navigable and timber-floating rivers, and lakes;

In air transport, pursuant to the Law of the Republic of Kazakhstan dated 15 July 2010 “On the Use of the Airspace of the Republic of Kazakhstan and Aviation Activities”, this is airspace in the form of an airway (corridor) intended for the flight of aircraft and equipped with air navigation devices, as well as the necessary ground equipment for safe take-off and landing (airport runways);

In road and urban rail transport, pursuant to the Law of the Republic of Kazakhstan dated 17 April 2014 “On Road Traffic”, a road is the entire land right-of-way or the surface of an artificial structure that is equipped or adapted and used for the movement of vehicles and pedestrians. A road includes one or more carriageways, as well as tram tracks, sidewalks, shoulders and dividing strips, where present.

The following devices are classified as signalling equipment:

In railway transport, pursuant to the Railway Transport Signalling Instructions approved by Order of the Minister of Transport and Communications of the Republic of Kazakhstan dated 18 April 2011, these include traffic lights, discs, boards, lamps, flags, signal indicators and signs, whistles, detonators, sirens, horns, automatic block signalling, automatic locomotive signalling, etc.;

In sea and inland waterway transport, pursuant to the Rules for the Technical Operation and Safe Maintenance of Radio Communication and Electronic Navigation Equipment on Vessels of Water Transport of the Republic of Kazakhstan, approved by Order of the Minister of Transport and Communications of the Republic of Kazakhstan dated 30 July 1996, these include lighthouses, buoys, leading marks, navigation signs and instruments;

In air transport, pursuant to the Instructions on the Organisation and Servicing of Air Traffic, approved by Order of the Minister of Transport and Communications of the Republic of Kazakhstan dated 16 May 2011, these include radio beacon systems, airport lighting and signalling equipment, air navigation instruments, etc.;

In road and urban electric transport, pursuant to the Traffic Rules of the Republic of Kazakhstan, these include traffic lights, road signs, devices for giving emergency signals, etc.

Communication equipment means technical devices for transmitting and receiving textual information, namely telephone, telegraph, facsimile, television and radio communication apparatus and instruments (radio, walkie-talkies, teletypes, telegraphs, radar, onboard transponders, etc.).

Other transport equipment includes special structures ensuring the safe movement of transport:

In railway transport — bridges, tunnels, viaducts, platforms, devices for loading and unloading baggage and cargo, supplying electric trains with electricity, lighting, water supply, etc.;

In sea and inland waterway transport — locks, berths, mooring devices, dams, floating landing stages, etc.;

In air transport — structures and devices ensuring aircraft refuelling, hangars, repair premises, etc.;

In road transport — bridges, overpasses, carriageway dividing barriers, bus stops, shelters, short-term vehicle parking areas, vehicle inspection devices, bridge maintenance and protection facilities, technological and emergency call communication devices, etc.

Structures and devices that do not ensure transport safety (administrative buildings, station premises, warehouses, etc.) do not constitute the subject matter of the criminal offence provided for in Article 348 of the Criminal Code.

The objective side of the criminal offence consists of substandard repair of vehicles, means of communication, signalling or communication equipment, or other transport equipment, as well as the release into operation of knowingly technically defective vehicles by a person responsible for the technical condition of vehicles, or failure by an official responsible for the technical condition and operation of vehicles to comply with the requirements of established road traffic safety regulations, if these acts result in the negligent infliction of moderate bodily harm upon a person.

The disposition of the criminal law provision under consideration is of a blanket nature and does not define the characteristics of substandard repair of vehicles, means of communication, signalling or communication equipment, or other transport equipment, nor the requirements of specific established road traffic safety regulations. In this regard, in order to establish the elements of the criminal offence commented on, it is necessary to refer to departmental regulatory acts (orders, instructions, regulations and rules) issued by ministries, departments or other entities regulating the activities of persons obliged to comply with the rules governing the repair of vehicles, means of communication, signalling or communication equipment, or other transport equipment, the release of vehicles into operation, as well as road traffic safety regulations. Accordingly, these regulatory legal acts contain rules (instructions and methodological recommendations) governing the repair of vehicles, means of communication, signalling or communication equipment, or other transport equipment, the release of vehicles into operation, road traffic safety, as well as provisions defining the qualification requirements and functional duties of persons obliged to comply with these rules.

Such regulatory legal acts include: the Customs Union Technical Regulation dated 9 December 2011 “On the Safety of Wheeled Vehicles”; Orders of the Minister for Investment and Development of the Republic of Kazakhstan dated 30 April 2015 “On Approval of the Rules for the Technical Operation of Motor Vehicles”; the Acting Minister of Transport and Communications of the Republic of Kazakhstan dated 16 May 2011 “On Approval of the Instructions on the Organisation and Servicing of Air Traffic”; the Minister for Investment and Development of the Republic of Kazakhstan dated 30 April 2015 “On Approval of the Rules for the Technical Operation and Repair of Civil Aircraft of the Republic of Kazakhstan”; the Ministry of Transport and Communications of the Republic of Kazakhstan dated 30 July 1996 “On Approval and Introduction into Force of the Rules for the Technical Operation and Safe Maintenance of Radio Communication and Electronic Navigation Equipment on Vessels of Water Transport of the Republic of Kazakhstan”; the Acting Minister of Transport and Communications of the Republic of Kazakhstan dated 12 May 2011 “On Approval of the Rules for the Technical Operation, Maintenance and Repair of Railway Tracks”; the Minister of Transport and Communications of the Republic of Kazakhstan dated 18 April 2011 “On Approval of the Instructions on Railway Transport Signalling”; the Minister of Transport and Communications of the Republic of Kazakhstan dated 25 March 2011 “On Approval of the Rules for the Technical Operation, Maintenance and Repair of Railway Crossings”, etc.

According to the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan “On the Practice of Applying Criminal Legislation in Cases Involving Criminal Offences Related to Violations of Traffic Rules and the Operation of Vehicles”, substandard repair means the performance of work to restore the functional capabilities of defective vehicles and equipment in deviation from established technological rules and quality standards.

Repair may be recognised as substandard if it involves the use of knowingly unsuitable (wholly or partially) parts and materials, failure to eliminate existing or detected equipment defects that are dangerous to traffic safety and the operation of transport, etc.

On 19 April 2014, passenger carriages forming part of Passenger Train No. 42 travelling along the “Almaty — Atyrau” route derailed on the “Sagiz — Makat” railway section in the Atyrau Region. More than 40 people were injured as a result of the incident. During the investigation of the criminal case, it was established that all the carriages were in proper technical condition, had undergone scheduled types of repair and, in 2014, had received maintenance at specialised enterprises. The cause of the passenger train accident was a sudden deformation of the railway track resulting from current repair work carried out the previous day on that section in a substandard manner and in violation of the applicable instructions and regulations. By a judgment of the Kyzylkoginsky District Court of the Atyrau Region, the head of the enlarged track section of the Atyrau track distance and his deputy were convicted.

Cases involving the installation on vehicles, tracks, signalling and communication equipment of new equipment, instruments and mechanisms that were knowingly defective to the persons carrying out the repair also fall within the scope of the characteristics of the criminal offence under consideration.

It should be emphasised that the provision concerns substandard repair of facilities directly related to ensuring traffic safety in the specified types of transport. Substandard repair of, for example, the interior equipment of sleeping carriages, which creates inconvenience for passengers, or similar repair of freight carriages resulting in the leakage of bulk products, does not entail liability under Article 348 of the Criminal Code if the specified actions do not encroach upon traffic safety or the operation of vehicles. Furthermore, the legislator's reference to substandard repair excludes from the category of subjects of this act persons guilty of manufacturing and releasing substandard vehicles, navigation equipment, signalling and communication equipment.

The Law of the Republic of Kazakhstan dated 17 April 2014 “On Road Traffic” prohibits officials and other persons responsible for the technical condition and operation of vehicles from releasing onto the road vehicles that have defects for which operation is prohibited, have been converted without the appropriate authorisation, have not been registered in accordance with the established procedure, or have not undergone mandatory technical inspection. The prohibition also applies to vehicles whose owners, in cases established by the legislation of the Republic of Kazakhstan, have not concluded a compulsory civil liability insurance contract for vehicle owners and/or a compulsory insurance contract covering the carrier's liability to passengers (Article 48).

According to the above-mentioned Regulatory Resolution of the Supreme Court, the release into operation of technically defective vehicles means the issuance by an authorised person of permission to use, for their intended purpose, vehicles having technical defects that pose a threat to traffic safety or the safe operation of the vehicle (for example, defects in the braking system, steering mechanism, wheel fastening, control instruments, automation systems, etc.).

According to the Rules for the Technical Operation of Motor Vehicles approved by Order of the Minister for Investment and Development of the Republic of Kazakhstan dated 30 April 2015, the technical operation of motor vehicles is a set of technical measures (diagnostics, maintenance and repair) aimed at organising and ensuring the safe operation of motor vehicles (subparagraph 7) of paragraph 3, Section 1).

Technical condition means the totality of properties subject to change during operation and parameters of the units, assemblies and parts of a motor vehicle established by the design documentation issued by the manufacturing plant, which determine their ability to perform their functions or be used for their intended purpose (subparagraph 5) of paragraph 3, Section 1).

A defective condition means a technical condition that does not comply with at least one of the requirements of the Rules for the Technical Operation of Motor Vehicles and the design documentation applicable to the design, parameters, functional purpose and properties of the units, assemblies and parts of motor vehicles (subparagraph 3) of paragraph 3, Section 1).

According to subparagraph 10) of paragraph 4, Section 2 of the Traffic Rules of the Republic of Kazakhstan, defects that prohibit the movement of a vehicle may include an inoperative service braking system or steering mechanism, a defective coupling device (in a vehicle combination), as well as, during darkness on roads without artificial lighting or under conditions of insufficient visibility, non-functioning (missing) headlights and/or rear position lights, and, during rain or snowfall, a defective windscreen wiper.

The Basic Provisions for the Admission of Vehicles to Operation, as well as the List of Defects and Conditions That Threaten Road Traffic Safety and the Environment and Under Which the Operation of Vehicles Is Prohibited, are established by Resolution of the Government of the Republic of Kazakhstan dated 13 November 2014 “On Approval of the Traffic Rules, the Basic Provisions for the Admission of Vehicles to Operation, and the List of Emergency and Special Services Whose Vehicles Are Subject to Equipment with Special Light and Sound Signals and Painting in Special Colour Schemes”.

As regards sea and inland waterway transport, according to the Law of the Republic of Kazakhstan dated 6 July 2004 “On Inland Water Transport”, inland navigation vessels, “river-sea” vessels and deck small vessels are subject to classification, technical supervision and survey.

Technical supervision is an integral part of classification activities aimed at ensuring the technical safety of vessels and deck small vessels, including phased inspections of compliance with the legislation of the Republic of Kazakhstan on merchant shipping and inland water transport (subparagraph 41) of Article 1 of the said Law).

Survey means the inspection of a vessel for the purpose of determining its technical condition in accordance with the requirements established by technical regulations and the rules of the Shipping Register, aimed at ensuring the safety of navigation of the vessel, taking into account its intended purpose, and confirming its class (subparagraph 22) of Article 1 of the said Law).

Inspection means the examination of an object by an authorised body to determine its compliance with the requirements of regulatory legal acts of the Republic of Kazakhstan aimed at ensuring safe operation (subparagraph 25) of Article 1 of the said Law).

In accordance with the Rules for the Survey of Vessels in Operation, approved by Order of the Acting Minister of Transport and Communications of the Republic of Kazakhstan dated 21 April 2011, a defect is a condition of an object in which it fails to satisfy at least one of the requirements of regulatory documents while retaining its operational condition. Such a condition is caused by improper adjustment, excessive clearances in mating joints, failure of monitoring and measuring instruments and, in some cases, is accompanied by noise, knocking and increased temperature (subparagraph 3) of paragraph 2, Section 1).

Technical condition means the totality of properties of vessel components regulated by the requirements of the Shipping Register, characterising, at a given point in time, their suitability for operation and compliance with the requirements of the Shipping Register (subparagraph 54) of paragraph 2, Section 1).

Based on the results of the survey, the vessel's suitability for carrying the number of passengers declared by the shipowner is determined, taking into account the general arrangement of passenger accommodation areas on board, the availability of life-saving equipment and compliance with other requirements of the Rules for the Technical Supervision of Deck Small Vessels, approved by Order of the Minister for Investment and Development of the Republic of Kazakhstan dated 24 September 2018.

In accordance with the Rules for the Technical Operation of Railway Transport, approved by Order of the Minister for Investment and Development of the Republic of Kazakhstan dated 30 April 2015, it is prohibited to release into operation or permit to travel in trains rolling stock, including special rolling stock, that has defects threatening traffic safety (paragraph 5, Section 2).

Rolling stock and special rolling stock must undergo scheduled preventive maintenance and repair, technical servicing and service maintenance in a timely manner.

It is prohibited to release into operation special rolling stock equipped with track-measuring and flaw-detection equipment that has not undergone annual metrological verification and scheduled repairs of the equipment in accordance with the manufacturer's operating documentation, but not less frequently than the following: technical maintenance — once a year, medium repair — once every two years, modernisation — once every 4–6 years (paragraph 6, Section 2).

The operation of railway rolling stock whose service life has expired, as well as rolling stock that has been excluded from service (written off), on its own axles on the main railway network is prohibited (paragraph 7, Section 2).

The technical condition of rolling stock and special rolling stock must be systematically checked during maintenance by locomotive crews or special rolling stock crews, comprehensive and specialised teams at maintenance points, freight and passenger depots, factories and repair bases, track machine stations and depots for special rolling stock equipped with modern diagnostic equipment (paragraph 8, Section 2).

It should be noted that the correct legal classification of an act under Article 348 of the Criminal Code, which provides for liability for substandard repair and the release into operation of technically defective vehicles (railway, sea and inland waterway, air, road and urban rail transport), requires the conduct of examinations, including technical expert examinations.

By its legal construction, the composition of the criminal offence is material. Accordingly, it is necessary to establish socially dangerous consequences expressed in harm to human life and health, as well as a causal relationship between the violations and the consequences specified in the law. Consequently, the act is considered completed from the moment the socially dangerous consequences occur.

As socially dangerous consequences, the legislator provided in Part 1 of Article 348 of the Criminal Code for the negligent infliction of moderate bodily harm; in Part 2 of the Article under consideration — the negligent infliction of grievous bodily harm; in Part 3 — the negligent causing of death; and in Part 4 — the negligent causing of the death of two or more persons.

Socially dangerous consequences in the form of bodily harm or death were examined in the analysis of Article 345 of the Criminal Code.

A causal relationship is established between the act (omission) in the form of substandard repair, the release into operation of knowingly technically defective vehicles, or the failure by an official responsible for the technical condition and operation of vehicles to comply with the requirements established by road traffic safety regulations, and the harmful consequences that have occurred. Establishing this relationship presents certain difficulties in investigative and judicial practice.

The difficulty lies in the fact that the harm is directly caused not by the subject of the offence, but by persons to whom that subject has transferred knowingly defective vehicles, means of communication, signalling or communication equipment, or other transport equipment. In other words, the causal relationship in the offence under consideration is indirect in nature, and this is not always given the correct legal assessment.

D. drove a forklift with defective brakes onto the road. Approaching a pedestrian crossing, he lost control and struck pedestrian L., causing grievous bodily harm to her health. The automotive technical examination concluded that, with a properly functioning braking system, he had the technical ability to prevent the collision with the victim. It was established that D. knew about the defect and had informed the mechanic of the motor transport facility thereof, but the mechanic had failed to take appropriate measures. However, the court disregarded these circumstances and did not raise the issue of bringing the mechanic to criminal liability for releasing the technically defective forklift into operation, convicting only the driver under Part 1 of Article 345 of the Criminal Code. The immediate cause of this road traffic accident was the mechanic's irresponsible attitude towards his official duties, which was not given a proper assessment by the court.

Another example: M., being the person responsible for the technical condition of a vehicle, released into operation a knowingly technically defective bus of the “Kassbohrer42a216hd” make, manufactured in 1988, having unlawfully installed an engine and state registration plate from a bus of the “Kassbohrer-Setra” make, manufactured in 1989. At the same time, before and after replacing the engine, M. failed to have the buses undergo mandatory technical inspection, did not document the engine replacement, and, knowing and foreseeing that releasing a technically defective bus into operation could result in socially dangerous consequences, violated the requirements of the legislation of the Republic of Kazakhstan and transferred the technically defective bus to P. for further operation involving passenger transportation.

P. departed with 54 passengers from the village of Zhibek Zholy, Saryagash District, South Kazakhstan Region, heading towards the city of Kazan in the Russian Federation. However, due to diesel fuel freezing and solidifying, the technically defective bus stopped in the territory of Irgiz District, Aktobe Region. The bus driver, P., took a blowtorch from the luggage compartment and activated it in order to warm the passengers. In violation of fire safety requirements, he brought it into the passenger compartment together with a polymer container containing 3.5 litres of petrol. As a result of careless handling of the blowtorch, the passenger compartment of the technically defective bus owned by M. caught fire. Due to the absence of a fire extinguisher and a hammer intended for extinguishing fires and breaking windows in emergency situations, 52 passengers died.

M.'s actions were classified under Part 1 of Article 348 of the Criminal Code. In the example under consideration, the act was given the correct legal assessment, since a causal relationship is established between M.'s actions (omissions), as the person responsible for the technical condition and operation of the “Kassbohrer42a216hd” bus, consisting of substandard repair and the release into operation of a knowingly technically defective bus that had not undergone mandatory technical inspection, and the harmful consequences that occurred, expressed in the deaths of 52 passengers. M., being fully aware of the bus's defects, issued a power of attorney to driver P. authorising the transportation of passengers in a technically defective bus, thereby endangering the lives and health of citizens and road traffic safety. Due to the absence of fire extinguishers and hammers for breaking windows, as well as defective doors, the 52 passengers were unable to escape and save themselves from the burning bus.

It should be emphasised that a person responsible for the technical condition of transport may be held criminally liable regardless of whether the driver of the vehicle himself was held liable for such liability for one reason or another. The basis for such a decision is the fact that a causal relationship exists between that person's action (omission) and the harmful consequences resulting from the driver's operation of a defective vehicle. The absence of a causal relationship between the act and the consequences that occurred excludes the possibility of holding a person liable under Article 348 of the Criminal Code.

The subjective side of the criminal offence under consideration is characterised by negligence. The subject foresees that substandard repair or the release into operation of technically defective vehicles may cause certain harm to other persons, but carelessly relies on preventing such harm, or does not foresee the possibility of socially dangerous consequences, although, with due attention and foresight, he or she should and could have prevented those consequences.

The issue may also concern negligence in the performance of substandard repairs or the release into operation of a technically defective vehicle.

The intentional nature of such actions indicates the presence in the perpetrator's conduct of another corpus delicti (offences against the person or property).

With regard to the very fact of substandard repair of vehicles, means of communication, signalling or communication equipment, or other transport equipment; the release into operation of knowingly technically defective vehicles; and failure to comply with established road traffic safety regulations, an intentional form of guilt may also be present, in particular indirect intent. In such cases, the person responsible for the technical condition of vehicles or the official responsible for the technical condition and operation of vehicles is aware of the social danger of his or her actions (omissions), foresees the possibility of adverse consequences, does not desire their occurrence, but consciously allows such consequences to occur or treats them with indifference. Nevertheless, it is necessary to take into account the fact that the mere act of substandard repair of vehicles, means of communication, signalling or communication equipment, or other transport equipment; the release into operation of knowingly technically defective vehicles; or failure to comply with established road traffic safety regulations does not in itself constitute a criminally punishable act.

The obligation of persons responsible for the technical condition of vehicles, or officials responsible for the technical condition and operation of vehicles, to foresee the possibility of socially dangerous consequences arises from their professional obligations, which consist of ensuring proper-quality repair of vehicles, means of communication, signalling or communication equipment, or other transport equipment; releasing technically serviceable vehicles into operation; and complying with the requirements established by road traffic safety regulations. However, the mere existence of an obligation to foresee the occurrence of socially dangerous consequences does not constitute grounds for holding a person criminally liable, since, in addition to the obligation to foresee adverse consequences, it is necessary to establish that the guilty person had a real opportunity to prevent the occurrence of adverse consequences but failed to make use of that opportunity, as a result of which socially dangerous consequences occurred.

A person's ability to foresee socially dangerous consequences also derives from the individual qualities of the perpetrator, such as the level of education, qualifications, professional experience, length of service, state of health, etc. However, the establishment of negligence as a form of negligent guilt does not always depend on professional experience. For example, a novice equipment technician with little professional experience is just as obliged to foresee the adverse consequences of his or her unlawful actions (omissions) as an experienced equipment technician with many years of work experience.

With regard to the consequences, the criminal offence under consideration is characterised by negligence, since the legislator has made a direct reference to this in the disposition of the Article.

The motives for the act may vary (the desire to fulfil a production plan at any cost, misunderstood production interests, etc.). They do not affect the legal classification but are taken into account when individualising the punishment.

The subject of the act is a person who has reached the age of 16 and works in organisations and enterprises of any form of ownership:

a person who performed repairs of vehicles, means of communication, signalling or communication equipment, or other transport equipment, or was responsible for ensuring the quality of such repairs (fitters, equipment technicians, foremen, heads of repair sections of railway depots, airports, ship repair enterprises, etc.);

a person who, by virtue of applicable instructions or rules, a relevant directive or official powers, is responsible for releasing vehicles into operation (heads of garages and motor depots, dispatchers, employees of technical control departments, etc.);

officials upon whom responsibility for the technical condition and operation of vehicles and compliance with the requirements of established road traffic safety regulations has been imposed by an order, directive or instruction (heads of enterprises and organisations of any form of ownership, their deputies, chief mechanics, senior dispatchers, chief engineers of bus, trolleybus and tram depots, etc.).

Owners of individual vehicles may also be subjects of the release of technically defective vehicles into operation. This conclusion follows from paragraph 2.3 of the Traffic Rules of the Republic of Kazakhstan, according to which the driver of a vehicle is obliged, before departure, to check and, during the journey, ensure the proper technical condition of the vehicle in accordance with the Basic Provisions for the Admission of Vehicles to Operation and the duties of officials and road traffic participants in ensuring road traffic safety.

An owner of an individual vehicle who permits another person to operate a knowingly technically defective vehicle shall, in the event of an accident resulting in harmful consequences, be liable under Article 348 of the Criminal Code, while the person who actually drove the vehicle shall be liable under Article 345 of the Criminal Code.

The act provided for in Part 1 of Article 348 of the Criminal Code constitutes a criminal misdemeanour.

The acts provided for in Parts 2 and 3 of Article 348 of the Criminal Code constitute crimes of minor gravity.

The act provided for in Part 4 of Article 348 of the Criminal Code constitutes a crime of medium gravity.

**Commentary of 2021 on the Criminal Code of the Republic of Kazakhstan by Isidor Shamilovich Borchashvili, Honoured Figure of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences, Member of the Scientific Advisory Councils under the Constitutional Council of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan, Member of the Working Group on Reform of the Law Enforcement System under the Security Council of the Republic of Kazakhstan, Honoured Employee of the Ministry of Internal Affairs of the Republic of Kazakhstan.

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