Comment to article 249. Violation of the rules for handling radioactive materials of the Criminal Code of the Republic of Kazakhstan and the Criminal Code of the Republic of Kazakhstan
1. Violation of the rules of storage, use, accounting, burial, transportation of radioactive materials and other rules of handling them, if this could lead to the death of a person or other grave consequences, —
is punishable by a fine in the amount of five hundred to one thousand monthly calculation indices or in the amount of the convicted person's salary or other income for a period of five to ten months or by arrest for up to six months.
2. The same act that negligently caused the death of a person or other grave consequences, —
is punishable by imprisonment for a term of up to seven years.
The public danger of a crime is that violation of the rules for handling radioactive materials can cause harm to individuals and society, due to the fact that radiation materials have a potential danger. The object of this crime is public safety in the sphere of trafficking in radioactive materials. An additional object may be the life and health of people, property.
The subject of the crime is radioactive materials.
The objective side of the crime is characterized by the commission of such illegal actions as violation of the rules of storage, use, accounting, burial, transportation, as well as violation of other rules for handling radioactive materials, if this could lead to the death of a person or other grave consequences.
The basic rules for handling radioactive materials are set out in the Law of the Republic of Kazakhstan "On the Use of Atomic Energy", as well as in the internal regulations of those bodies that are designed to ensure state regulation of the safe use of atomic energy, supervision, control and licensing of activities involving the use of atomic energy, with radioactive effects on personnel and the public. So art . 12 of the Law of the Republic of Kazakhstan "On the Use of Atomic Energy" states "Nuclear and radiation safety is ensured by the operating organization in accordance with established norms and rules."
Violation of the rules for handling radioactive materials is defined as the commission of the above actions with improper compliance with the requirements of the rules governing the handling of radioactive materials.
Storage refers to the actual possession of radioactive materials.
Use refers to the use of radioactive materials for their intended purpose, as well as for other purposes.
Accounting refers to the maintenance of accounting documents for radioactive materials.
Burial refers to the placement of radioactive materials for permanent storage. It can be carried out in any way (by burying in the ground, dumping on the bottom of the sea, placing on nuclear burial grounds, and so on). Under the transportation of radioactive materials, the transportation of such materials by any means (land, air, water, and so on).
Violations of other rules for handling radioactive materials include violations of general safety regulations, lack of a license, and violations of rules for exporting goods and services related to radioactive materials. The subjective side of the crime is characterized by an intentional form of guilt, direct intent.
The subject of the crime is a sane individual who has reached the age of 16.
249 of the Criminal Code of the Republic of Kazakhstan provides for liability if, as a result of a violation of the rules for handling radioactive materials, a person's death or other serious consequences have occurred due to negligence. Since socially dangerous consequences are an obligatory sign of the corpus delicti provided for in Part 2 of Article 249 of the Criminal Code, only when they occur can we talk about a completed encroachment. An indispensable condition for liability under Part 2 of Article 249 of the Criminal Code is the causal relationship between the violations of the rules specified in the law and the socially dangerous consequences that have occurred.
Other grave consequences should be understood as causing serious or moderate harm to two or more persons, causing major material damage to organizations, enterprises or citizens. Both the death of a person and other grave consequences must be causally related to the committed act.
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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