MPs of the Legislative Chamber at its November 25 session passed draft amendments to the Administrative Liability Code in the first reading, the chamber's press service said.

Liability for Altering Odometer Readings

The draft amendments have proposed penalties for failure to inform the buyer prior to the sale of a vehicle about altered odometer readings, or about its replacement. The document had previously been posted for public input.

Shakhnoza Zholdasova, a member of the Committee on Combating Corruption and Judicial and Legal Issues, underscored that odometer falsification is common in order to sell used cars at a higher price.

"It is known that the odometer reading may up car prices by more than 30%. This leads to artificially inflated prices and a violation of consumer rights," she said.

Concealing mileage data deprives new owners of the opportunity to obtain complete information about the vehicle's technical condition and delays necessary repairs and replacements, which poses a safety risk for both the driver and other road users, the deputy underscored.

The second hand car market holds the largest ratio of car market. While an average of 312,000 cars are sold annually on the primary market, the used car market sales stand at 1.1 million, she said.

Mandatory Participation of a Teacher or Psychologist in Cases Involving Minors

The draft provides for the mandatory participation of a teacher or psychologist in administrative offense cases involving minors.

Shakhnoza Zholdasova underscored that the lack of qualified support may result in minor victims being unable to disclose all the circumstances of the case, feeling embarrassed by the parties involved, fearing a controversial public reaction, and experiencing psychological pressure.

She noted that, according to the Article 5 of the Protection of Children from All Forms of Violence Law, victims are entitled for a free legal, economic, social, psychological, medical, and other assistance.

Ensuring the participation of a teacher or psychologist in such cases is the responsibility of the bodies (officials) authorized to hear administrative offense cases.

The amendments have also proposed for the right of the person subject to administrative liability, the victim, the lawyer, and the legal representative to refuse the participation of a judge or official, and also define the circumstances that prevent their participation in administrative offense proceedings.

According to Article 62 of the Courts Law, a judge is required to recuse himself or herself and notify the participants in the trial if a conflict of interest arises.

Procedure for Reducing the Term of Deprivation of Special Rights

The draft has proposed establishing that a petition to reduce the term of deprivation of special rights may be submitted:

• for a deprivation of rights for up to 1.5 years, after serving half of the term;
• for a deprivation of rights for a term of 1.5 to 3 years, after serving two-thirds of the term.

It also defines the category of individuals who are ineligible to submit such petitions.

According to the MP, the current mechanism for restoring special rights has shortcomings. In particular, it does not define the objective circumstances that the court should rely on when deciding whether to reduce the term.

"Furthermore, the fact that a petition to reduce the term of deprivation of special rights is submitted not by the deprived individual, but by the administration of the enterprise, institution, or organization, may create conditions for corruption," said Shakhnoza Zholdasova.