Information regarding the regulatory resolution of the Constitutional Court
(№ 34 of 27 October 2023)
The Constitutional Court considered the appeal of a citizen on the constitutionality of the first part of Article 608 of the Code of Administrative Offences of the Republic of Kazakhstan (hereinafter - CAO).
This article provides for liability for driving a vehicle by a driver who is under the influence of alcohol, drugs and/or toxic substances.
In the opinion of the subject of the appeal, a citizen who has the right to drive a motor vehicle is subject to administrative arrest for 15 days with deprivation of the right to drive a motor vehicle for 7 years if he or she drives a motor vehicle under the influence of alcohol, and for a similar offence, a citizen who does not have the right to drive a vehicle is subject to administrative arrest for 20 days with the possibility of obtaining a driving licence afterwards, since there is no additional measure of administrative punishment in the form of deprivation of the right to drive a vehicle, which is a violation of the equality of all before the law and the court.
The Constitutional Court considers that a person driving a vehicle in a state of alcoholic, narcotic and (or) toxicomaniacal intoxication is a potential violator of the constitutional rights of citizens and public order, fails to comply with these constitutional obligations, and creates a danger to his life and health. The subjects referred to in paragraph six of Article 608 of the CAO shall not be subject to deprivation of the right to drive a vehicle due to the absence of a driving licence confirming such right. At the same time, at present, a person brought to administrative responsibility for offences under paragraphs six and seven of Article 608 of the CAO is entitled to take an examination and obtain a driving licence immediately, which does not correspond to the goals of preventing administrative offences, and it is necessary to provide for such a measure in the legislation on road traffic as a restriction for a certain period of time of the right to take an examination to obtain a special right - the right to drive a vehicle.
The Constitutional Court recognised part one of Article 608 of the Code of Administrative Offences as being in conformity with the Constitution and recommended to the Government to consider improving the legal regulation of the liability of individuals for driving a vehicle in a state of alcoholic, narcotic and (or) toxicomaniacal intoxication.