What does the Ministry of Internal Affairs plan to implement?
Criminal Code
According to Article 57 (exemption from criminal liability upon reaching an agreement with the victim), it is proposed that this measure does not apply to individuals who commit crimes as part of an organized group or criminal community, as well as to crimes described in parts 3 and 5 of Article 312 of the Criminal Code of the Kyrgyz Republic.
Article 60 (types of punishments for crimes) will be adjusted to clarify the list of both primary and additional punishments. Furthermore, provisions regarding the deprivation of various titles and awards in cases provided by law will be retained.
In Article 82 (exemption from punishment with the application of probation supervision), it is proposed to establish the possibility of applying probation when imposing a sentence of imprisonment for less serious crimes, as well as to define categories of convicts to whom probation does not apply.
Article 211 (violation of traffic safety rules and operation of vehicles) will be clarified, particularly regarding sanctions for causing harm to health or death through negligence. Stricter penalties for violations committed while intoxicated will also be introduced.
In Article 312 (violation of traffic safety rules and operation of motor vehicles), it is proposed to establish sanctions for serious consequences, such as the death of two or more people. Specifically:
— for part 5: imprisonment for a term of eight to ten years with a ban on driving vehicles and holding certain positions for a term of five to eight years.
— for part 6: in the case of committing acts while intoxicated — imprisonment for a term of ten to twelve years with similar restrictions.
Notes to Articles 211, 312, and 316 clarify that vehicles refer to all types that require a driver's license for operation.
Code of Offenses
Article 33 (arrest) proposes to increase the maximum term of administrative arrest to twenty days and clarify the category of individuals to whom the arrest does not apply (including children, pregnant women, and guardians).
Article 36 (temporary seizure of property) will be supplemented with a provision on the temporary seizure of a driver's license in the case of certain offenses.
Article 38 (removal from driving a vehicle) will clarify the grounds and procedure for removal, including the absence of necessary documents.
In Article 184 (driving vehicles without documents), it is proposed to establish a procedure for retaking exams to obtain a license, as well as a temporary suspension of the right to drive until retaking.
Article 186 (submission of invalid documents) will clarify the responsibility for submitting invalid documents.
Article 187 (speeding) will contain clear indications of responsibility for exceeding the established speed limit.
Article 190 (violations of traffic rules by pedestrians and other participants) will clarify responsibility and measures of enforcement.
Article 192 (violation of other traffic rules) will propose to clarify the compositions of offenses and responsibility for damaging vehicles and road infrastructure.
Regarding Article 193 (driving under the influence), it is proposed to strengthen penalties, including:
— arrest for ten days for driving a vehicle without a license while intoxicated;
— revocation of rights for two years for refusing to undergo a sobriety test;
— arrest for fifteen days for acts committed without a driver's license.
Articles 513–514 (special technical means) will clarify that these are measuring devices that have been certified and will establish integration with automated systems for recording violations.
Article 514 will establish that the place and time of the offense are determined according to the last recording of the corresponding technical means.
Article 518 (drawing up a protocol on the spot) will propose a procedure for considering cases at the place of the offense, as well as conditions for releasing the owner from liability.
Article 540 (decision on seized property) will clarify the formation of a protocol on the application of penalties in paper or electronic form.
Article 546 (basis for proceedings on cases identified by cameras) will establish the possibility of forming an electronic ruling without the participation of the offender.
Article 552 (appeal procedure) will propose a procedure for considering complaints against rulings by the court of the second instance.
Article 564² (execution of the ruling on the revocation of rights) will clarify the procedure for the seizure and storage of the license for the duration of the revocation.
Article 569 (execution of the court decision) will propose a procedure for the seizure and return of licenses, including the use of electronic databases.
Law "On Road Traffic in the Kyrgyz Republic"
Article 2 (basic terms) will be supplemented and clarified, including definitions of road safety, driver, road, and other participants.
It is also planned to establish definitions for mechanical vehicles and mopeds, as well as clarify the regulation of individual mobility devices such as electric scooters and hoverboards.
Article 24 (goals, conditions for registration and accounting of vehicles) will clarify the goals of state registration of all mechanical vehicles, regardless of their characteristics.
Article 25 (conditions for obtaining driving rights) will propose age requirements and experience requirements for various categories of vehicles, including mopeds.
It will be clarified that the possession of any category confirms the right to drive vehicles of category "A1".
Grounds for refusing to issue licenses for driving will also be established, including the presence of debts for fines for offenses.
