Majilis of the Parliament is considering amendments to the Code of Administrative Infractions in the implementation of the Constitutional Court decision

The Majilis of Parliament is considering a number of new bills, among which - amendments and additions to the Code of Administrative Infractions. After the adoption of amendments, persons who do not have and have not received the right to drive vehicles, prosecuted for driving, including in a state of alcoholic, narcotic and/or toxicomaniacal intoxication, will not be allowed to take examinations for obtaining such a right for seven years.

The amendments are made to implement the Normative Decision of the Constitutional Court of October 27, 2023, No. 34-NP (https://www.gov.kz/memleket/entities/ksrk/documents/details/542602?lang=ru), adopted following the examination of the constitutionality of part one of Article 608 of the CAO. The constitutional control body, recognizing the constitutionality of the contested norm, pointed out that part six of Article 608 of the CAO does not meet the state policy of preventing (preventing) the commission of such a violation before obtaining a license confirming the right to drive a vehicle.

Taking into account the identified legal inconsistencies and based on the constitutional right to protection of life and health, the Government was recommended 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 in order to effectively ensure the protection of life, health, human and civil rights and freedoms, road safety, as well as to increase the effectiveness of prevention of offenses.