Deadlines for imposing administrative penalties in case of violation of traffic rules by drivers of vehicles
Article 592 of the Code of the Republic of Kazakhstan “On Administrative Offenses” establishes that:
1. Drivers of vehicles exceeding the established speed of the vehicle by 10 to 20 kilometers per hour – entails a fine in the amount of 10 (ten) monthly calculation indices.
2. Exceeding the established speed of the vehicle by 20 to 40 kilometers per hour – entails a fine in the amount of 15 (fifteen) monthly calculation indices.
3. Exceeding the established speed of the vehicle by more than 40 kilometers per hour – entails a fine in the amount of 30 (thirty) monthly calculation indices.
4. Actions provided for by parts one, two and three of this article, committed repeatedly within a year after the imposition of an administrative penalty – entail a fine in the amount of 40 (forty) monthly calculation indices.
Any administrative offense is subject to recording in the form of drawing up a protocol by an authorized person (Article 803 of the Code of Administrative Offenses of the Republic of Kazakhstan), or in cases where it is drawn up in the absence of a person against whom a case has been initiated on the grounds provided for in subparagraph 4) of part one of Article 802, the testimony of special automated measuring means of fixing the commission of an administrative offense in the field of road transport and road safety by photographing, video filming the traffic situation, determining the speed and direction of the vehicle, the actions of other road users, in other words, fixing the speed of movement with speedometers or the system for registering offenses with cameras “Sergek” and other cameras. It should be noted that an offense recorded by a speedometer is not documented by drawing up a protocol, but a fine is issued in the form of an order on the need to pay a fine with the testimony of a special control and measuring technical means or device, which is duly notified to the owner (owner) of the vehicle (Article 807 of the Code of Administrative Offenses of the Republic of Kazakhstan). ), that is, the article establishes the need for proper notification of the owner, which, unfortunately, is not observed in practice.
Article 62 of the Code of the Republic of Kazakhstan On Administrative Offenses establishes that a person is not subject to administrative liability after two months from the date of committing an administrative offense, that is, if two months or more have passed from the moment the offense was recorded and you were not properly aware of the fine imposed, the violator is not subject to administrative liability. If the decision to impose an administrative penalty was not given within a year from the date of entry into force, then Article 890 of the Code of Administrative Offenses of the Republic of Kazakhstan on the application of the statute of limitations for a committed administrative offense is applied; after a year, no bailiff will be able to accept such material for production , since the Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Bailiffs” establishes that a bailiff is not entitled to adopt decisions of a body (official) authorized to consider cases of administrative offenses – after a year from the date of issuance of the relevant decision.