Commentary to article 604. Violation of the rules for training drivers of vehicles The Code of the Republic of Kazakhstan on Administrative Offences
1. Violation of the rules for training drivers of vehicles - entails a fine for individuals and officials in the amount of ten, for small businesses - in the amount of thirty, for medium-sized businesses - in the amount of fifty, for large businesses - in the amount of one hundred monthly calculation indices.
2. The action provided for in the first part of this article, committed repeatedly within a year after the imposition of an administrative penalty, -
entails the deprivation of a qualification certificate of an individual, a fine for officials, small business entities in the amount of sixty, for medium-sized businesses - in the amount of one hundred, for large businesses - in the amount of one hundred and fifty monthly calculation indices, with the suspension of the activities of educational organizations for the training of drivers of vehicles for up to three months.
The legal basis for the training of drivers of vehicles is the legal provisions contained in Chapter 12 of the Law of the Republic of Kazakhstan dated April 17, 2014 No. 194 "On Road Traffic".
The common object of the offenses provided for in this article are public relations in the field of educational activities of organizations for the training of drivers of vehicles.
The objective side of Part 1 is characterized by one qualifying feature in the form of a violation of the rules for training drivers of vehicles.
The rules for the training of drivers of motor vehicles were approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated December 2, 2014 No. 862.Driver training is carried out in accordance with the standard training programs for drivers of motor vehicles of categories "A", "B", "C", "D", "VE", "CE", "DE", "Tm", "Tb" and subcategories "A1", "B1", "C1", "D1", "C1E", "D1E".It is allowed to train drivers in accordance with the standard training programs for drivers of motor vehicles of categories "A", "B" and subcategories "A1", "B1".
Drivers of motor vehicles are trained from among those who have passed a medical examination and have no medical contraindications. Registration of students in educational organizations enrolled in driver training groups is conducted using an automated information system with the possibility of integration with the automated complex of the authorized body for road safety and the Ministry of Information and Communication of the Republic of Kazakhstan.
The training of drivers of motor vehicles is carried out in accordance with the following thematic plans:
1) "Device and maintenance";
2) "Rules of the road";
3) "Fundamentals of vehicle management and traffic safety";
4) "First aid in case of a traffic accident";
5) "Driving a mechanical vehicle (corresponding category, subcategory)".
The final certification is carried out in the educational organization in the form of taking exams on:
1) vehicle design and maintenance;
2) the rules of the road, the basics of traffic safety and first aid to victims of road accidents;
3) practical driving of a vehicle.
Trainees who have not passed the final assessment exams for valid reasons (illness, business trip) are allowed to take them individually, and those who receive unsatisfactory grades are allowed to take them again after additional independent preparation, but not earlier than 5 working days after the final assessment. Students who have received positive marks based on the results of the exams during the final certification in the educational organization are issued a certificate of completion of the training courses.
The objective side of Part 2 of the commented article provides for the qualifying features of the first part of the article, committed repeatedly within a year after the imposition of an administrative penalty.
It should be noted that officials authorized to impose administrative penalties should take into account the repeated actions of the offender only as a qualifying feature, and not as a circumstance aggravating responsibility for the offense provided for in Article 604 of the Administrative Code (Part 2 of Article 57).
According to part 2 of the article under investigation, an administrative penalty is provided in the form of a fine with the suspension of the activities of educational organizations for the training of drivers of vehicles for up to three months. According to Article 48 of the Administrative Code, suspension of activity is a measure of administrative punishment and consists in the temporary termination of the activities of individuals and (or) legal entities, including branches, representative offices, structural divisions of a legal entity, as well as the operation of aggregates, buildings and structures, the implementation of certain types of activities (works), and the provision of services.
Suspension of activity as an additional administrative penalty may be imposed only together with an administrative fine.
Paragraph 8 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated December 22, 2016 No. 12 clarifies that if a person is brought to administrative responsibility for carrying out a licensed type of activity in violation of the requirements for such activities, the court has the right to decide on the suspension or prohibition of such activities. If a person is brought to administrative responsibility for carrying out a licensed type of activity without an appropriate license or for carrying out activities requiring another special permit without such a special permit, the court has the right to impose an additional administrative penalty in the form of a prohibition of such activities for the period specified in the sanction of the article of the Special Part of the Administrative Code. Such a court decision does not allow a person to obtain an appropriate license or other special permit during the period of the ban.
The subjects of offenses provided for in all parts of the article under study are individuals, officials and legal entities that train drivers of vehicles.
On the basis of Article 82 of the Law of the Republic of Kazakhstan dated April 17, 2014 "On Road Traffic", drivers are trained.:
1) the teacher;
2) Master of industrial training;
3) Master of driving training during the educational process.
According to the commented article, legal entities are educational organizations for the training of drivers of motor vehicles in the form of small businesses. medium and large enterprises.
The subjective side of all parts of the article under consideration can be expressed in the form of direct intent, as well as through negligence.
They have the right to consider proceedings on administrative offenses provided for in the commented article.:
1) in part two - judges of specialized district and equivalent administrative courts (part 1 of Article 684 of the Administrative Code);
2) in part one - chairmen of committees and heads of departments of the Ministry of Internal Affairs, heads of territorial internal affairs bodies, administrative police units, migration police, local police service of the region, city of republican significance, capital, their deputies (paragraph 1 of part 2 of Article 685 of the Administrative Code);
3) in part - heads of departments, police departments, administrative divisions, migration police, local police service of the district (city, district in the city) and their deputies (paragraph 2 of part 2 of Article 685 of the Administrative Code).
On the basis of Article 804 of the Administrative Code in cases of administrative offenses provided for in Part 2 of Article 604 of the Administrative Code, protocols on administrative offenses may be drawn up by authorized officials of the internal affairs bodies.
According to part 2 of Article 812 of the Administrative Code, cases of administrative offenses provided for in Article 605 of the Administrative Code are considered at the place of commission of the offense, as well as at the place of registration of vehicles, vessels, including small ones, or at the place of residence of the person against whom proceedings on an administrative offense are being conducted.
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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