What does the Ministry of Internal Affairs propose?
Criminal Code
Article 57 on exemption from criminal liability upon reaching an agreement with the victim proposes to exclude the possibility of exemption for those who committed a crime as part of an organized group, as well as for crimes specified in parts 3 and 5 of Article 312 of the Criminal Code of the Kyrgyz Republic.
Article 60, concerning types of punishments, will be clarified by adding a list of primary and additional punishments. Provisions regarding the revocation of special ranks and awards will be retained and clarified depending on the crimes provided for in the Criminal Code.
Article 82, relating to exemption from punishment with the application of probation supervision, suggests the possibility of exemption from serving a sentence in the case of a prison sentence for less serious crimes. A list of categories of convicts for whom probation does not apply will also be established, including particularly serious crimes and corruption.
In Article 211, concerning violations of traffic safety rules, sanctions for actions that cause harm to health or death will be clarified. It is proposed to establish stricter penalties for committing offenses while intoxicated.
Article 312 will also be supplemented, proposing sanctions for severe consequences, such as the death of two or more persons, and separate increased sanctions for actions taken while intoxicated:
- Under part 5: imprisonment for a term of eight to ten years with subsequent deprivation of the right to drive vehicles for a period of five to eight years.
- Under part 6: for actions taken while intoxicated — imprisonment for a term of ten to twelve years with similar restrictions on driving rights and holding certain positions.
A note to Articles 211, 312, and 316 clarifies that vehicles refer to all types that require a license to operate.
Code of Offenses
Article 33 on administrative arrest proposes to increase the maximum period of arrest to twenty days and clarify which individuals are exempt from arrest, including children, pregnant women, and persons with disabilities.
Article 36 will stipulate that a driver's license is subject to temporary confiscation in the case of certain offenses, and the authorized body is obliged to issue a temporary license.
Article 38 clarifies the grounds and procedure for suspending the right to operate a vehicle, including in cases of absence of documents.
Article 184 proposes changes to the procedure for sending individuals to retake exams on traffic rules and temporarily suspending the validity of licenses until retaking.
Article 186 clarifies the responsibility for presenting invalid documents, while Article 187 introduces the concept of speeding, establishing liability for this violation.
Article 190 addresses traffic violations by various road users and clarifies responsibility and measures of enforcement.
Article 192 clarifies responsibility for damage to vehicles and other objects, while Article 193 strengthens penalties for driving under the influence.
Articles 513-514 define special technical means used for recording violations and the procedure for their integration into an automated system.
In Articles 518 and 540, it is proposed to clarify the procedure for drawing up protocols and decisions on property confiscation, including the possibility of sending notifications through electronic channels.
Article 546 proposes a procedure for forming electronic rulings without the participation of the offender, while Article 552 outlines the procedure for appealing rulings in court.
Article 564² clarifies the procedure for enforcing rulings on license revocation, and Article 569 defines the process for confiscating and returning driver's licenses.
Law "On Road Traffic in the Kyrgyz Republic"
Article 2 will add and clarify key terms, including definitions of road safety and road users, as well as delineation of means of individual mobility.
Article 24 establishes the objectives of state registration of vehicles, which will be mandatory for all mechanical vehicles and self-propelled machines.
Article 25 will define age and experience requirements for obtaining driving licenses by categories, including a subcategory for mopeds, as well as grounds for refusal to issue licenses.
