Comparative Analysis of Administrative Liability for Driving While Intoxicated in the Commonwealth of Independent States

Sažetak

This paper provides a comprehensive analysis of administrative legislation in
Kazakhstan and other Commonwealth of Independent States (CIS) countries,
with a focus on administrative liability, particularly for driving under the influence
of alcohol. The study aims to highlight the similarities and differences in
the administrative rules of the CIS countries and how these rules have evolved
since their common history under Soviet law. The authors use a range of scientific
research methods, including comparative analysis, synthesis and deduction,
to examine the legal framework for administrative offences in these countries.
The research focuses on the differences in the legal treatment of driving under
the influence in different CIS countries, comparing sanctions such as fines, administrative
detention, and suspension of driving privileges. Kazakhstan’s Administrative
Code is singled out for its extensive description of aggravating circumstances
and stricter penalties. The paper identifies areas for improvement in
Kazakhstan’s administrative legislation, drawing in particular on the practices
of Belarus and Armenia in dealing with drunk-driving. The authors argue that
modernising Kazakhstan’s administrative law and moving away from Soviet-era
provisions is essential to better regulate social relations and maintain road safety.
The analysis concludes by advocating a shift towards the incorporation of
European administrative law principles to improve the efficiency and fairness
of administrative liability frameworks in Kazakhstan and the wider CIS region.