ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF THE KYRGYZ REPUBLIC

of September 20, 2006 No. 547

About approval of the Instruction on production organization on cases on administrative violations of Traffic regulations

According to the Code of the Kyrgyz Republic about the administrative responsibility, and also in connection with the adopted Laws of the Kyrgyz Republic "About modification and amendments in the Code of the Kyrgyz Republic about the administrative responsibility" of June 28, 2003 No. 121, on August 5, 2003 No. 191, on February 25, 2005 No. 39, on August 5, 2005 No. 121 and 13 of February, 2006 No. 52

I order:

1. Approve the enclosed Instruction on production organization on cases on administrative violations of Traffic regulations.

2. To chiefs of the Departments of Internal Affairs of areas, Bishkek and Osh after entry into force of this order:

2.1. Provide during the fourth quarter 2006 studying of the Laws of the Kyrgyz Republic "About modification and amendments in the Code of the Kyrgyz Republic about the administrative responsibility" of June 28, 2003 to No. 121, on August 5, 2003 No. 191, on February 25, 2005 No. 39, on August 5, 2005 No. 121, on February 13, 2006 No. 52 and Instructions on the production organization on cases on administrative violations of Traffic regulations approved by this order, all workers of the State traffic inspectorate and other services of law-enforcement bodies.

2.2. Give clerical work on cases on administrative violations of Traffic regulations according to requirements of the Code of the Kyrgyz Republic "About the administrative responsibility" and the above-stated Instruction.

2.3. Carry out the quarterly analysis of orientation of law-enforcement activities of the State traffic inspectorate and provide elimination of the revealed shortcomings.

2.4. Organize production on cases on the administrative responsibility of Traffic regulations according to the Code of the Kyrgyz Republic "About the administrative responsibility" and provisions of the approved Instruction, to provide strict observance of legality by consideration of such cases.

2.5. Organize through mass media wide explanation to participants of traffic of the legislation in the field of traffic safety.

3. UGAI Ministry of Internal Affairs of the Kyrgyz Republic (Pole L.B.), UMTO Ministry of Internal Affairs of the Kyrgyz Republic (Bayzakov Sh. K.) provide order placement on production of documents, the special forms provided by this Instruction in UMTO Ministry of Internal Affairs typography of the Kyrgyz Republic.

4. UGAI Ministry of Internal Affairs of the Kyrgyz Republic (Pole L.B.), UMTO Ministry of Internal Affairs of the Kyrgyz Republic (Bayzakov Sh. K.) provide production with typographical method of the Instruction on production organization on cases on administrative violations of Traffic regulations in number of 150 copies.

5. Direct this order to state registration in the Ministry of Justice of the Kyrgyz Republic.

6. This order becomes effective after state registration in the Ministry of Justice of the Kyrgyz Republic and the subsequent official publication according to the procedure established by the legislation of the Kyrgyz Republic.

7. Notify the Ministry of Justice of the Kyrgyz Republic on official publication of this order (the name of the edition, number and date).

8. Recognize invalid orders of the Ministry of Internal Affairs of the KR of December 30, 1998 as No. 412 and of May 4, 2005 No. 138 "About approval of the Instruction on production organization on cases on administrative violations of Traffic regulations".

 

 

Approved by the order of the Ministry of Internal Affairs of the Kyrgyz Republic of September 20, 2006 No. 547

Instruction on production organization on cases on administrative violations of Traffic regulations *

1. General provisions

1.1. Law-enforcement activities of law-enforcement bodies in the field of traffic are directed to strengthening of discipline on transport, strengthening of fight against breakers of rules of traffic **, protection of life, health and property of citizens, protection of their rights and legitimate interests, and also protection of interests of society and state by the prevention of the road accidents, to decrease in weight of their effects.

1.2. The procedure for production is determined by the Code of the Kyrgyz Republic about the administrative responsibility by cases on the administrative offenses encroaching on the rights of traffic safety and operation of vehicles. ***

1.3. Production tasks on cases on administrative offenses of rules are: timely, comprehensive, complete and objective clarification of circumstances of each case, permission it in strict accordance with the legislation, ensuring execution of the issued decree, and also identification of the reasons and conditions promoting making of administrative offenses, the prevention of offenses, education of citizens in the spirit of compliance with laws, legality strengthening.

1.4. Production on cases on administrative violations of Rules is performed on the basis of observance of requirements of the legislation in case of application of corrective actions for abuse of regulations which is provided with systematic control from higher bodies and officials, public prosecutor's supervision, the appeal right established by the legislation by other methods.

* "Instruction" is referred to as

** is referred to as "Rules"

*** "Code" is referred to as

2. Production on cases on administrative offenses

According to the Code of the Kyrgyz Republic about the administrative responsibility:

2.1. Case on administrative offense is considered got, and production on it - begun with the moment of creation of the protocol on administrative offense or administrative detention of person brought to the administrative responsibility.

2.2. Proceeedings about administrative offenses cannot be begun, and the begun case is subject to the termination in the presence of the following circumstances:

2.2.1. lack of event of administrative offense;

2.2.2. absence of structure of administrative offense;

2.2.3. not achievement by person at the time of making of administrative offense of sixteen-year age;

2.2.4. diminished responsibility of person who made illegal action or failure to act;

2.2.5. action of person in condition of emergency or justifiable defense;

2.2.6. the publication of the act of amnesty if it eliminates application of administrative punishment;

2.2.7. cancellation of the act establishing the administrative responsibility;

2.2.8. the expiration by the time of consideration of the case of prescriptive limits, stipulated in Article 46 Codes;

2.2.9. availability on the same fact concerning person brought to the administrative responsibility, court orders (judge) or body (official) about imposing of administrative punishment or not repealed resolution on diversion on administrative offense;

2.2.10. the death of person concerning whom it was begun and is conducted proceeedings;

2.2.11. availability on the same fact of criminal case concerning the particular physical person made responsible for administrative offense.

2.3. Case on administrative offense is considered openly.

For the purpose of increase in educational and precautionary role of production on cases on administrative offenses of case can directly be considered on place of employment, study or the violator's residence.

2.4. Proceeedings about administrative offense are conducted in the state or official language.

The right to make statements, to give evidences, to declare petitions, to get acquainted with all case papers, to act in administrative production in the native language and to use translation service according to the procedure, established by the Code is provided to the persons participating in case not knowing language in which production is conducted.

2.5. If by consideration of administrative case the body (official) comes to conclusion that the offense contains signs of criminal offense, it transfers materials to the prosecutor, body of pretrial investigation or inquiry.

3. Types of administrative punishments. Registration of materials about road traffic offenses

3.1. For making of administrative violations of Traffic regulations the following types of penalties can be applied:

3.1.1. Prevention.

3.1.2. Penalty.

3.1.3. Deprivation of the special right - control of vehicles.

3.1.4. Examination of Traffic regulations.

3.2. About making of administrative offense the protocol is constituted (appendix 1) the official authorized on that. The protocol is not constituted in the cases provided by item 3.2.2. this Instruction.

3.2.1. In the protocol on administrative offense are specified: date and the place of its creation, position, surname, name, middle name of person which constituted the protocol, the information about the identity of the violator if it it is established, the place, time of making and being of administrative offense, the regulation providing responsibility for this offense, surnames, addresses of witnesses and victims if they have explanations, the violator, other data necessary for permission of case.

The protocol is signed by person who made administrative offense if it is established also by person which constituted it in the presence of witnesses and the victims the protocol can be signed as well by these persons.

In case of refusal person who made offense from signing of the protocol, in it entry about it is made. The person who made offense, having the right to furnish the explanations attached to the protocol and notes on contents of the protocol, and also to state motives of the refusal of its signing.

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