Commentary to article 506. Illegal entry into protected facilities  The Code of the Republic of Kazakhstan on Administrative Offences  

     Illegal entry into an object protected in accordance with the legislation of the Republic of Kazakhstan by the State Security Service, bodies and divisions of the National Security Committee, the Ministry of Internal Affairs, the Ministry of Defense, as well as a dangerous production facility protected by a private security organization, -

     entails a fine in the amount of fifteen monthly calculation indices or administrative arrest for up to fifteen days.

     The public danger of an administrative offense lies in the fact that its commission endangers the safety of facilities subject to protection in accordance with the legislation of the Republic of Kazakhstan.

     According to Articles 1-1 of the Law "On Security Activities", particularly important state and strategic objects are subject to state protection; objects of economic sectors of strategic importance and owned by legal entities in whose authorized capital the state directly or indirectly owns a controlling stake (participation interests).

     The procedure for determining objects subject to state protection is determined by the Rules for Determining Objects Subject to State Protection, approved by Resolution No. 1151 of the Government of the Republic of Kazakhstan dated October 7, 2011.  

     In accordance with paragraph 5 of the Rules, particularly important state facilities include facilities whose violation of integrity can negatively affect the security of the state, the clear implementation of its functions, lead to significant damage to the economy, complicate interstate relations, as well as those of importance to the state and society.

     The category of particularly important state facilities includes:

     1) administrative buildings and facilities of central and local executive state bodies of the Republic of Kazakhstan of republican and regional significance, the Supreme Court of the Republic of Kazakhstan, local and other courts, the Prosecutor General's Office, the Prosecutor's Office of regions, the Prosecutor's Office of cities of republican significance and the capital of the Republic of Kazakhstan, urban and equivalent military and other specialized prosecutors, the Committee on Legal Statistics and Special accounting and its territorial divisions;

     2) facilities of the National Bank of the Republic of Kazakhstan, its branches and vaults;

     3) foreign diplomatic missions, foreign consular offices, international organizations and representative offices of international organizations located in the territory of the Republic of Kazakhstan.

     Strategic objects include objects of socio-economic importance for the sustainable development of Kazakhstani society, damage to which may negatively affect the state of national security of the Republic of Kazakhstan, endanger the life and health of citizens.

     The category of strategic objects includes:

     1) objects of the Republic of Kazakhstan protected by the State Security Service of the Republic of Kazakhstan together with subdivisions of internal affairs bodies included in the list approved by the President of the Republic of Kazakhstan, as well as objects of significant state importance;

     2) military units of the Armed Forces of the Republic of Kazakhstan, other troops and military formations;

     3) facilities with state material reserves - warehouses for the storage of medicines, fuels and lubricants, food and clothing warehouses;

     4) facilities of state organizations and institutions for the development, production, testing, research and storage of especially dangerous, bacteriological, biological, chemical, narcotic drugs and precursors;

     5) space infrastructure facilities;

     6) facilities for the use of atomic energy;

     7) life support facilities, including in the field of: heat supply - thermal power plants (over 50 Gcal); drinking water supply - water intake facilities (paragraph 6 of the Rules).

     Objects of economic sectors of strategic importance and owned by legal entities in the authorized capital of which the state directly or indirectly owns a controlling stake (participation interests) include objects of the Republic of Kazakhstan classified as large taxpayers with state participation in the authorized capital, whose activities have an increased risk of emergency situations.

     This category of objects includes:

     1) water management facilities - hydraulic structures: waterworks, locks, dams; reservoirs used for water resources management;

     2) objects of communication, television and radio broadcasting of national importance;

     3) facilities of legal entities for the storage of explosives and toxic substances.

     The lists of objects subject to state protection are approved by the President of the Republic of Kazakhstan or the Government of the Republic of Kazakhstan in accordance with their powers.

     According to Articles 1-3 of the Law "On the State Security Service of the Republic of Kazakhstan", the list of objects protected by the State Security Service of the Republic of Kazakhstan is approved by the Head of the State Security Service of the Republic of Kazakhstan in coordination with the Administration of the President of the Republic of Kazakhstan.

     The object of the offense is the legally established security regime at the facilities listed above.  

     The facilities are guarded by the State Security Service, the bodies and divisions of the National Security Committee, the Ministry of Internal Affairs, and the Ministry of Defense.

     In order to create a competitive environment in the provision of security services, the protection of facilities not included in the lists can be carried out by private security organizations on the basis of contracts with individuals and legal entities in accordance with the legislation of the Republic of Kazakhstan.

     The protection of foreign diplomatic missions, foreign consular offices, international organizations and representations of international organizations in accordance with the Vienna Convention on Diplomatic Relations of April 18, 1961, the Vienna Convention on Consular Relations of April 24, 1963 and other international treaties of the Republic of Kazakhstan is provided by specialized security units of the internal affairs bodies of the Republic of Kazakhstan according to the list, submitted annually by the Ministry of Foreign Affairs to the Ministry of Internal Affairs of the Republic of Kazakhstan.

     At all facilities, with the exception of those protected by the Armed Forces, other troops and military formations, regardless of the form of ownership, the administration of the facility, with the involvement of units for the protection of state secrets, together with the territorial divisions of the internal affairs bodies, is developing:

     1) rules for ensuring access and on-site security, approved by the heads of facilities and the unit responsible for state protection;

     2) plans for the protection and defense of facilities, in consultation with the authorities concerned.  

     The objective side of the offense is characterized by an active action and consists in entering a protected object by a person who has no legitimate reason to do so or in violation of the established protection regime. The act may consist of entering an object secretly from security personnel or against their will, entering an object in violation of the rules of access or intra-facility regime.

     The description of the method of committing an offense contains the following example from judicial practice. Pankratov V.A. was found guilty by a judge of the specialized administrative court of Petropavlovsk of committing an administrative offense under Article 506 of the Administrative Code. The court found that Pankratov V.A., being intoxicated, illegally entered through the fence into the territory of Kyzylzhar Su LLP, located at the address: Petropavlovsk, Kirova Passage, 2, thus illegally entered an object protected in accordance with the legislation of the Republic of Kazakhstan by the Service of the Ministry of Internal Affairs.

     The subject of the offense is an individual.

     The subjective side is intent. The person was aware of the unlawful nature of his action, foresaw its harmful consequences and desired or consciously allowed these consequences to occur or treated them indifferently.

     Protocols on administrative offenses provided for in Article 506 of the Administrative Code may be drawn up by authorized officials.:

     - law enforcement agencies;

     - military police bodies of the National Security Committee of the Republic of Kazakhstan;

     - Border Guard Service of the National Security Committee of the Republic of Kazakhstan;

     - The State Security Service of the Republic of Kazakhstan during security measures;

     - bodies of the military police of the Armed Forces of the Republic of Kazakhstan on offenses committed by military personnel, conscripts, conscripts, and persons driving vehicles of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan;  

     - bodies of the military police of the National Guard of the Republic of Kazakhstan on offenses committed by military personnel and conscripts called up for training.

     Cases of these administrative offenses are considered by judges of specialized district and equivalent administrative courts (Part 1 of Article 684 of the Administrative Code).

Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:

     Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);

     Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;

     Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);  

     Karpekin Alexander Vladimirovich, Candidate of Law, Associate Professor – chapter 13 (in collaboration with Zhusipbekova A.M.);

Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;

     Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;

     Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;

     Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);

     Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);  

     Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;

     Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;

     Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);

     Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;

     Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;  

     Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);  

     Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;

     Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.  

     Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).

Date of amendment of the act:  01.01.2020 Date of adoption of the act:  01.01.2020 Place of acceptance:  100050000000 Authority that adopted the act: 103001000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  5 Status of the act:  new Sphere of legal relations:  029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act:  COMM / CODE Legal force:  1900 Language of the Act:  rus  

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