Information regarding the regulatory resolution of the Constitutional Court
(№ 54 of 3 October 2024)
The Constitutional Court of the Republic of Kazakhstan verified the norms of the laws on road traffic (paragraph 1 of Article 65) and on compulsory insurance of civil liability of vehicle owners (paragraph 5-2 of Article 10) on the appeal of a citizen for compliance with the Constitution.
Previously, a citizen of the Republic of Kazakhstan who has permanent residence abroad was denied compulsory civil liability insurance for his vehicle registered in another state. The reason for the refusal was the non-recognition by the specified norms of the laws of a car belonging to him by right of ownership as being in international traffic, despite the fact that his entries into Kazakhstan on this transport, operated by him personally, were temporary in nature, for the purpose of participating in sports competitions, visiting relatives and ancestral burial sites.
In accordance with paragraph 1 of Article 65 of the Law on Road Traffic, ‘a vehicle in international traffic on the territory of the Republic of Kazakhstan’ is considered to be a vehicle that ‘is operated by a foreigner or a stateless person who does not have a residence permit in the Republic of Kazakhstan, which simultaneously meets three criteria: 1) belongs to an individual or legal entity with permanent residence or location outside the Republic of Kazakhstan; 2) is not registered in the Republic of Kazakhstan; 3) temporarily imported into the Republic of Kazakhstan’. This status allows the vehicle to stay in Kazakhstan without registration for up to one year and exempts it from customs clearance procedures due to temporary importation.
According to paragraph 5-2 of the Law on Compulsory Insurance of Civil Liability of Vehicle Owners, ‘it is not allowed to conclude a contract of compulsory liability insurance for owners of vehicles that are not in international traffic on the territory of the Republic of Kazakhstan, with the exception of vehicles registered (subject to state registration) in the territorial divisions of the authorized body for road safety’.
These amendments to the laws were adopted in 2022 to prevent the illegal import of vehicles from other countries and their operation on the territory of Kazakhstan on the basis of a power of attorney for a period of more than one year, without proper registration and customs clearance. The current situation was related to the legislation in force at that time, which recognized vehicles in international traffic belonging to any person permanently residing abroad, without considering the status of the owners and ownership of the vehicle.
At the same time, the amendments did not consider the peculiarities of such a group of individuals as citizens of the Republic of Kazakhstan permanently residing in other countries who own a vehicle and operate it personally during temporary entry into Kazakhstan. According to the Convention on Road Traffic ratified by Kazakhstan, which relates to the current law of the Republic of Kazakhstan (the Law on Road Traffic does not contain an exception in the application of this Convention), a vehicle is considered to be in international traffic by virtue of belonging to an individual with habitual residence outside the State and its temporary importation into this State, without reference to citizenship. The priority should be the fact of the place of residence (ordinary, permanent) in the state where the main vital interests of an individual are concentrated.
The Constitutional Court came to the following conclusions. The considered norms of the laws on road traffic (paragraph 1 of Article 65) and on compulsory insurance of civil liability of vehicle owners (paragraphs 5-2 of Article 10) comply with the Constitution of the Republic of Kazakhstan in respect of temporarily imported vehicles owned by a foreigner or a stateless person who does not have a residence permit in the Republic of Kazakhstan and operated by them on the territory of our state.
However, with regard to temporarily imported vehicles that are not registered in the Republic of Kazakhstan, belong to a Kazakhstani citizen with permanent residence outside our country, and are operated by him personally on the territory of the Republic of Kazakhstan, these laws do not comply with the Constitution. The obligation to insure the civil liability of the specified transport remains in accordance with other provisions of the considered insurance law and the Convention on Road Traffic.
In accordance with the decision adopted, appropriate recommendations were made to the Government to improve the legislation.