Issabekov AK .: To a question about the effectiveness of the rules of road traffic legislation of the Republic of Kazakhstan
Issabekov AK .: To a question about the effectiveness of the rules of road traffic legislation of the Republic of Kazakhstan
Issabekov AK Ph.D., Professor, Senior Researcher, Institute of State and Law on the project “The concept of priority of universal values in the system of legal regulation of road transport relations in the framework of transport policy and transport infrastructure development in the Republic of Kazakhstan.”
Place of publication: On the question of the effectiveness of the rules of road traffic legislation of the Republic of Kazakhstan // Herald of the Kazakhstan Association of International Law. Almaty, 2013g.№4 (24) .- 0.5 pp
To a question about the effectiveness of the rules of road traffic legislation of the Republic of Kazakhstan
It is now widely discussed in the new draft law “On Road Traffic”, which was developed by the Ministry of Internal Affairs of the Republic of Kazakhstan in January 2012 [1]. The project is based on the idea of strengthening road safety by preventing traffic accidents. Creating legal conditions for the successful functioning of the traffic on the territory of the Republic of Kazakhstan.
On the evidence of this approach in the first place a definition of “Road Safety”. To achieve this goal are aimed at both the powers of the state bodies, the main directions of the state policy in the field of road safety, as well as numerous practical measures. The main directions of the state policy in the field of traffic safety envisage a set of measures aimed mainly at protecting from accidents and to minimize their negative effects.
It is important to note that the adoption of the new edition of the Law of the Republic of Kazakhstan “On Road Traffic,” according to the draft Law of the Republic of Kazakhstan “On amendments and additions to some legislative acts of Kazakhstan on the road” will require for its implementation changes and additions to the following regulations legal acts: the Civil Code of the Republic of Kazakhstan; Code of the Republic of Kazakhstan on administrative offenses; Land Code of the Republic of Kazakhstan; Code of the Republic of Kazakhstan “On taxes and other obligatory payments to the budget” (Tax Code); Law of the Republic of Kazakhstan “On state border of the Republic of Kazakhstan”; Law of the Republic of Kazakhstan “On the internal affairs of the Republic of Kazakhstan”; Law of the Republic of Kazakhstan “On architectural, urban planning and construction activities in the Republic of Kazakhstan”; Law of the Republic of Kazakhstan “On automobile roads”; Law of the Republic of Kazakhstan “On obligatory insurance of civil liability of vehicle owners”; Law of the Republic of Kazakhstan “On Advertising”.
Based on the legal analysis of the bill, then pay attention to the following provisions, which require changes or additions. Thus, Article 3 of the “Basic principles of traffic,” stated the principle of 4, the last of which – a systematic approach to road safety. Despite the fact that this principle can be widely interpreted, however, it seems appropriate to consider the question of the addition of a list of principles related to environmental sustainability in road traffic and ensuring its security. As is known, the Concept of Transition of Kazakhstan to Sustainable Development for 2007-2014 was dated 14 February 2007 godaekologicheskaya resistance is indicated by one of the main directions and transition to sustainable development mechanisms. According to this document the environmental sustainability index shall be increased by 15% by 2018, 25% by 2024.
In paragraph 2 of Article 7 of the bill is logical to specify not only the strategic and policy documents, strategic plans, government agencies and laws, but in general, the legislation of the Republic of Kazakhstan on Road Traffic. Thus, in accordance with paragraph 1 of Article 2 of the law of the Republic of Kazakhstan on traffic based on the Constitution of the Republic of Kazakhstan and consists of this Law and other normative legal acts of the Republic of Kazakhstan. In this connection, concept of traffic development in the Republic of Kazakhstan should be implemented through the system of measures taken for these purposes and, therefore, through the legislation of the Republic of Kazakhstan as a whole. Furthermore, it should be noted and the name of the document itself. If the claim 1 of this article is the concept of development of road traffic and ensure its security in the Republic of Kazakhstan, in the title of Article 7 and in paragraph 2 of this article, it is called the Concept of development of road traffic in the Republic of Kazakhstan. This discrepancy must resolve.
In Chapter 13 of the bill provides that to engage in activities for training and retraining of drivers of vehicles required to submit legal documents confirming the existence of material and technical base of the right of ownership. However, in Kazakhstan most of the entrepreneurs engaged in the training and retraining of drivers of vehicles have their own material and technical base. Practically, all the necessary infrastructure is based on a lease agreement. And in the case of the adoption of this rule will suffer substantial damage in the sphere of entrepreneurship in the Republic of Kazakhstan. Therefore, this provision should be sure to review and supplement the paragraph after the word ownership or lease.
In addition, it is necessary to supplement article 715 of the Administrative Code Part 5-1 provides that upon the expiration of the deprivation of the right to drive vehicles the person subjected to this type of administrative penalty for driving a vehicle in a condition of alcoholic, narcotic, and (or) toxic intoxication, withdrawal of driving license is returned after the passage of prevention programs (courses), alcohol, drug, and (or) for abuse rehabilitation or compulsory treatment in the prescribed manner contrary to applicable law and create an opportunity to commit a corruption offense.
According to the aforesaid legal analysis of the draft “On Road Traffic” of the Republic of Kazakhstan law were given comments and recommendations, which are aimed at improving the effectiveness of legal norms in the sphere of road transport relations. However, emphasizing that the effectiveness of rule of law – is a complex category, which characterizes its quality. And the effectiveness of legal norms can be judged on the basis of the analysis of the results achieved and how this affected the result for the development of road and transport relations. Meanwhile, the existing road transport legislation of the Republic of Kazakhstan is not able to solve all the problems in this area. Thus, in the large cities of the Republic, and especially in Almaty and Astana, there is a constant construction of new facilities, the uncontrolled growth of the number of cars is increasing annually. Also, it has a significant problem located in the cities major shopping markets (eg, the Almaty flea market), which provoke congestion, traffic accidents increase in Chila, environmental degradation. Allow this problem by increasing the penalties for violation of traffic rules, calls for the use of cycling, the construction of several road junctions is not possible – for many years the situation in the transport sector is only getting worse. Even commissioned in 2011 in Almaty subway line can not have any significant influence on the situation, as this is clearly not cover underground dostatno to serve the metropolis.
According to the International Statistical Research, Almaty steadily moving up in the rankings of the most polluted cities in the world, as the leading role, no doubt, given to the uncontrolled flow of vehicles.
Thus, it can be noted that the effectiveness of road traffic legislation of the Republic of Kazakhstan can speak only on the basis of the analysis of the achieved results, where certain results will be achieved only through a systematic approach. Definitely, it is not possible to solve the above problems only by legal means, as required, and economic and social factors that have a direct impact on these relations. And here the most important thing you need to ensure the priority of human values in traffic relations. In this regard, we should agree with Salimgerey AA that only can be a reason to say that in such an important area as road transport, the state not only in words, but in fact ensures the implementation of the constitutional provision on the priority of the Republic of Kazakhstan for the universal values [2]. For example, in Article 3 of the Law of the Republic of Kazakhstan of 15 July 1996 “On road safety” it stressed that one of the basic principles of road safety is the priority of the life and health of citizens, participating in traffic, on the economic results of economic activity [ 3].
