One of the harshest punishments in the world was found in the Kazakh law

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©️ Tengrinews.kz / Alikhan Sariyev ©️ Tengrinews.kz / Alikhan Sariyev

Tengrinews.kz – Deputy of the Mazhilis Nikolai Arsyutin addressed the Head of the Ministry of Internal Affairs of Kazakhstan with criticism of Article 608 of the Code of Administrative Offenses, calling it one of the harshest sanctions in the world.

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Tengrinews.kz – Deputy of the Mazhilis Nikolai Arsyutin addressed the Head of the Ministry of Internal Affairs of Kazakhstan with criticism of Article 608 of the Code of Administrative Offenses, calling it one of the harshest sanctions in the world.

Arsyutin noted that this article provides for 15 days of arrest and deprivation of rights for 7 years for driving (or transferring control) of a vehicle while intoxicated with alcohol, drugs or toxic substances.

"Citizens note a number of negative consequences caused by the current version of this article. Deprivation of the right to drive a vehicle for 7 years is one of the harshest sanctions in the world, while the norm does not take into account the severity of the offense, the absence of an accident, the minimum level of alcohol," the deputy said.

He also noted that many Kazakhstanis working in such areas as taxis, long-haul transportation, courier delivery and crane operators actually lose their source of income, leaving their families without a livelihood. According to the Ministry of Labor, about 500 thousand people are employed in these areas.

According to him, excessive severity of punishment gives rise to risks of abuse by police officers, which is confirmed by complaints from citizens.

Arsyutin cited data from the Administrative Police Committee, according to which, since the adoption of the new version of the article, more than 200 000 people have been convicted, while the number of accidents while intoxicated in 2022-2024 amounted to 1266 cases.

He also cited examples of international practice where penalties for drunk driving are more flexible and take into account the degree of intoxication and the circumstances of the offense.

"Germany has gradations of liability: up to 0.5 ppm of alcohol - a fine; 0.5-1.1 ppm - a fine and temporary deprivation of rights; over 1.1 ppm - criminal liability. In France, for exceeding 0.5 ppm, a fine and temporary deprivation of rights for 3 years is provided, but the punishment is tougher in the case of an accident or refusal to take a test. In the United States, the punishment varies from fines and mandatory courses to imprisonment, but the term of deprivation of rights rarely exceeds 3-5 years. In Russia, deprivation of rights for the first violation is 1.5-2 years," the deputy said.

Arsyutin suggested that the Ministry of Internal Affairs provide a reasoned analysis of existing sanctions and develop uniform rules for testing for alcohol and drugs in the blood, taking into account the right to choose a laboratory and the possibility of re-testing.

According to him, the deputies intend to amend Article 608 of the Code of Administrative Offenses in the near future and are ready to jointly discuss this norm.

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