Comment to article 152. Violation of labor protection rules of the Criminal Code of the Republic of Kazakhstan and the Criminal Code of the Republic of Kazakhstan
1. Violation of safety regulations for industrial sanitation or other labor protection regulations committed by a person responsible for organizing or ensuring compliance with these rules, which negligently caused serious or moderate harm to health., —
is punishable by a fine in the amount of two hundred to five hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of two to five months, or correctional labor for up to two years, or imprisonment for the same term with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same act that negligently caused the death of a person, —
is punishable by imprisonment for a term of up to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Paragraph 2 of Article 24 of the Constitution of the Republic of Kazakhstan states: everyone has the right to working conditions that meet the requirements of safety and hygiene, to remuneration for work without any discrimination, as well as to social protection from unemployment. Section 5 "Safety and labor protection" of the Labor Code of the Republic of Kazakhstan dated May 15, 2007. It establishes the main directions of the state policy in the field of labor protection, regulates public relations in the field of labor protection and safety in Kazakhstan and is aimed at ensuring the safety, preservation of workers' lives and health during their work.
In accordance with paragraph 26 of Article 1 of the Labor Code of the Republic of Kazakhstan labor safety is understood as the state of protection of employees provided by a set of measures that exclude the impact of harmful and (or) dangerous production factors on employees during their work. Occupational safety conditions — compliance of the labor process and the production environment with the requirements of occupational safety and health when performing work duties by an employee (clause 27 of Article 1).
The public danger of the act in question is expressed in violation of the right to safe working conditions guaranteed by the Constitution of the Republic of Kazakhstan. The object, therefore, is the specified constitutional right. An additional direct object is the life or health of citizens.
The objective side is the commission of an act (actions or omissions) aimed at violating safety regulations, industrial sanitation or other labor protection regulations, the onset of consequences in the form of serious or moderate harm to health or death, as well as the presence of a causal relationship between the act and the consequences that have occurred.
The disposition of the article is blank, therefore, to clarify the illegality of the act, one should refer to the Labor Code of the Republic of Kazakhstan dated May 15, as well as to other departmental regulations of 2007, for example, for example, Safety Regulations for work in a specific industry, agriculture, and so on. In order to bring the perpetrator to criminal responsibility, it is necessary to establish which safety, industrial sanitation or occupational safety regulations were violated.
The crime is considered completed from the moment of occurrence of the consequences specified in the disposition in the form of causing serious or moderate harm to health.
On the subjective side, the act is characterized by guilt in the form of negligence. The perpetrator anticipates the possibility of these consequences, but without sufficient reason presumptuously expects to prevent them, or does not foresee the possibility of these consequences, although with the necessary care and foresight he should have foreseen them.
The subject of a special crime is a person who is responsible for organizing or ensuring compliance with labor protection regulations.
152 of the Criminal Code of the Republic of Kazakhstan, among the qualifying signs, provides for a violation of the above rules, which negligently resulted in the death of a person. At the same time, causing death to two or more persons does not affect the qualification, but is taken into account by the court when sentencing.
The crimes described in Article 152 of the Criminal Code should be distinguished from other types of crimes that establish responsibility for violating special safety regulations in various industries, in particular: safety regulations for mining or construction work (Article 245 of the Criminal Code) and safety regulations at explosive sites (Article 246 of the Criminal Code). If, in violation of special rules, the general rules of occupational safety and health are violated, then the perpetrator must be held responsible for a combination of crimes: Articles 152 of the Criminal Code and Articles 245 of the Criminal Code or 246 of the Criminal Code.
The crime provided for in Part 1 of Article 152 of the Criminal Code of the Republic of Kazakhstan refers to crimes of minor gravity. The crime provided for in Part 2 of Article 152 of the Criminal Code of the Republic of Kazakhstan refers to crimes of moderate severity.
Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.
Date of amendment of the act: 08/02/2007 Date of adoption of the act: 08/02/2007 Place of acceptance: NO Authority that adopted the act: 180000000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 167 Status of the act: new Sphere of legal relations: 028000000000 Report form: COMM Legal force: 1900 Language of the Act: rus
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