Private court order related to police officers' failure to comply with the requirements of the law
Case No.5160-23-00-3 / 689 dated December 12, 2023
Tyulkubassky District Court of the Turkestan region: under the chairmanship of judge Ayatov Zh.S., the secretary of the court session Orazbayeva B. A., the official who initiated the case of an administrative offense – inspector of the patrol police group of the Isatai district police department of Atyrau region Jasenov D. A., against whom proceedings are underway in the case of an administrative offense lying person T. D. X , defenders – lawyers Sarzhanov G. T., Nigmetov S. D., the victim S. B. S., the defender – having considered in open court with the participation of lawyer G. H. S. The case of an administrative offense in relation to Part 1 of Article 610 of the Code of the Republic of Kazakhstan on Administrative Offenses (hereinafter referred to as the Administrative Code) ,
According to Article 737 of the Administrative Code, one of the procedural tasks in cases of administrative offenses is the timely, comprehensive, complete and objective identification of the circumstances of each case, and its resolution in accordance with this Code.
In accordance with Article 766 of the Administrative Code, the case of an administrative offense is subject to proof of the event of an administrative offense and the signs of its composition provided for in this Code, the guilt of an individual in committing an administrative offense, the nature and amount of damage caused by an administrative offense, as well as other circumstances relevant to the proper resolution of the case.
In accordance with Articles 785, 793 of the Administrative Code, one of the measures to ensure the proceedings in the case of an administrative offense is an inspection.
An inspection, that is, an inspection of a vehicle, place, or things is carried out in order to identify traces of administrative offenses, other material objects, as well as circumstances relevant to the preparation of a protocol on an administrative offense.
In accordance with paragraph 7) of part 2 of Article 803 of the Administrative Code, 2 other information necessary for resolving the case, as well as documents confirming the commission of an administrative offense, are attached to the protocol on an administrative offense.
In accordance with the requirement of part 2 of Article 781 of the Administrative Code, the obligation to prove the existence of grounds for administrative responsibility and the guilt of an offense is assigned to the body (official) authorized to conduct proceedings on administrative offenses.
These requirements of the Code were violated by inspectors of the patrol police group of the Isatai district police Department of the Atyrau region, G. I. Nauanov and D. A. Zhasenov, on September 7, 2023, at about 14:20 on the Atyrau-Astrakhan highway, near the village of Tonchikuduk, a traffic accident occurred at an unregulated intersection.
According to the report, when driving to the scene of a traffic accident, Inspector G. I. Nauanov drew a diagram of the scene, however, not being responsible for his official duties, did not indicate all the information to be reflected in full, incorrectly in the drawing, did not take photographs confirming the circumstances of the case, did not attach to the drawing, did not inspect the place. incidents, did not draw up an appropriate protocol (art. did not show visibility, road signs, etc.). As a result of incomplete drawing up for the examination assigned to the case, the drawing was re-drawn up by police Inspector Kamalidenov A., this drawing was not signed by the participants in the traffic accident.
The Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated June 30, 2023 No. 534 approved the Rules of the road.
In accordance with part 1 of Article 610 of the Administrative Code, liability is provided in case of violation of traffic rules by drivers of vehicles that have caused damage to vehicles or other property that has caused material damage. The participants in the traffic accident handed over to the court the videos and photographs they had.
However, police Inspector D. A. Zhasenov incorrectly indicated in the protocol the name of the traffic rules, did not indicate to whom the material damage was caused, did not collect documents and video recordings, photographs related to vehicles in the case documents.
At the hearing, police Inspector D. A. Zhasenov indicated that he did not know what regulatory legal acts regulated traffic in the Republic of Kazakhstan.
As a result, the defenders allowed justified criticism of the police officer.
It follows from the current situation that the inspector of the patrol police group, G. I. Nauanov and D. A. Zhasenov, do not comply with the requirements of the law and are not responsible for their activities.
The court considered it necessary to draw the attention of the head of the Isatai district police Department of Atyrau region in order to further prevent violations of the law and improper performance of assigned official duties, improve their skills, and take appropriate measures to prevent justified criticism of police activities.
Guided by article 829-19 of the Code of Administrative Offences of the Republic of Kazakhstan, the court ruled:
To draw the attention of the head of the Isatai district police Department of Atyrau region to the adoption of appropriate measures to prevent violations of the law and improper performance of official duties by the judge, police inspector of the Isatai District Police Department of Atyrau region, G. I. Nauanov and D. A. Zhasenov, to notify the court within a month of the measures taken by private order.
Within ten days, a private decision may be appealed to the Judicial Board for Criminal Cases of the Turkestan Regional Court through the Tyulkubassky District Court and a petition with the prosecutor.
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