Is it possible by law to reduce the period of deprivation of the right to drive a car or another special right that is applied as a penalty for an administrative offence?
The legislation of the Republic of Kazakhstan on administrative offences, unlike criminal legislation, does not provide for grounds for release from liability and punishment similar to parole, pardon, replacement of the unserved portion of the sentence with a more lenient one or pardon.
In accordance with Article 51 of the Code of the Republic of Kazakhstan on Administrative Offences, the deprivation of a special right granted to a specific person is applied by the court for gross or systematic violation of the procedure for exercising this right.
The period of deprivation of a special right may not be less than 1 month and more than 2 years, with the exception of the right to drive vehicles, which may be from 6 months to 2 years. The period of deprivation of the right for driving vehicles while intoxicated with alcohol, drugs and (or) toxic substances may be from two to ten years.
In accordance with Article 715 of the Code of Administrative Offences, a decision to deprive a special right is executed by confiscating the relevant certificate (driver's, tractor driver's, etc.). Upon expiration of the period of deprivation of the right established by the court, the confiscated documents are returned to the person subject to deprivation in the established manner.
The law does not provide for the possibility of subsequently reducing the period of deprivation of the right and returning documents before the established period, with the exception of the possible issuance of an act of amnesty, which may be applied in the event of the adoption of a special Law by the Parliament of the Republic (Article 70 of the Code of Administrative Offences).