Comment to article 256. Violation of fire safety rules of the Criminal Code of the Republic of Kazakhstan and the Criminal Code of the Republic of Kazakhstan
1. Violation of fire safety rules by a person responsible for their observance, if this negligently caused serious or moderate harm to human health or major damage to a citizen, organization or the state., —
is punishable by a fine in the amount of one hundred to two hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of one to two months, or correctional labor for up to two years, or restriction of liberty for up to two years, or imprisonment for up to three years with deprivation of the right to hold certain positions or without one.
2. The same act that negligently caused the death of a person or other grave consequences, —
is punishable by restriction of liberty for a term of up to five years or imprisonment for a term of up to seven years.
The public danger of this crime lies in the fact that if the fire safety rules are violated and the requirements, norms and standards aimed at preventing fires are not observed, the safety of people is threatened, and the interests of the individual, property, society and the state are harmed.
The object of the crime in question is public safety. An additional object is the life and health of people, property.
The subjects of the crime of violating fire safety rules are any sources that pose a fire hazard. For example, fuels and lubricants (gasoline, diesel fuel), sources of electricity (power grids), explosives, open fire (campfires, stoves).
The objective side is expressed in: the commission of an act (action or omission) in the form of a violation of fire safety rules by a person responsible for their observance; if this negligently caused serious or moderate harm to human health or major damage to a citizen, organization or state.
Fire safety rules should be understood as a set of provisions that establish the procedure for complying with the requirements of norms and standards aimed at preventing fires, ensuring the safety of people in the event of fires, providing facilities of the national economy and settlements with fire protection and fire equipment, as well as other fire safety rules. Failure to comply with these rules is a violation of fire safety.
According to Article 1 of the Law of the Republic of Kazakhstan dated November 22, 1996 "On Fire Safety", fire safety is the state of protection of people, property, property, society and the state from fires.
Violation of fire safety rules is understood as non-fulfillment or improper fulfillment of adopted regulations to ensure the protection of individuals, property and the state from fires.
The corpus delicti is material, as it requires the occurrence of the consequences specified in the law.
A prerequisite for criminal liability is the causal relationship between the violation of fire safety rules and the consequences that have occurred.
The subjective side is characterized by a careless form of guilt, both in the form of arrogance and in the form of negligence. Intentional destruction or damage to other people's property by arson should be qualified under paragraph "a" of part 2 of art. 187 of the Criminal Code. If the perpetrator, through destruction, damage to someone else's property, or arson, desires the death of another person or deliberately allows this socially dangerous consequence or treats it indifferently, then the deed must be qualified in accordance with the totality of paragraphs "a" of part 2 of art. 187 and paragraph "e" of part 2 of art. 96 of the Criminal Code. This issue should be resolved in the same way in connection with causing harm to the victim's health (Articles 103, part 2, paragraphs "d", 104, 105).
If, as a result of a fire caused by a violation of fire safety rules, socially dangerous consequences have occurred, provided for in parts 1 and 2 of the commented article, then the final qualification should be carried out upon the occurrence of the most serious consequences, i.e. according to Part 2 of Article 256 of the Criminal Code.
In the event of a fire due to violations of safety rules at nuclear power facilities, explosive sites, mining, construction and other work, or due to violations of the rules for storage, use or accounting, burial, transportation of radioactive materials, the act is covered by special provisions: Articles 244, 245, 246, 249 of the Criminal Code and additional qualifications for 256 of the Criminal Code is not required.
The subject of the crime is a sane individual who has reached the age of 16, and who is charged with the duty to comply with fire safety regulations, and in some cases, to ensure their compliance. These are the heads of enterprises or organizations of all forms of ownership, their authorized persons, as well as owners of property, including housing, employers, tenants, etc.
Part 2 of Article 256 of the Criminal Code of the Republic of Kazakhstan provides for liability for a qualified type of this crime: 1) negligent death of a person; 2) other grave consequences.
Other grave consequences include causing serious harm to the health of several persons, leaving people without homes or means of livelihood, prolonged suspension or disruption of the work of an enterprise, institution, organization, disconnection of consumers from life support sources – electricity, gas, water supply, heat, etc.
Violation of fire safety rules in forests (Article 256 of the Criminal Code) should be distinguished from the destruction or damage of forests (plantings) as a result of careless handling of fire or other source of increased danger (Part 1, p. 192 of the Criminal Code) on the following grounds: firstly, the object of violation of fire safety rules is public safety, and the object of destruction and Damage to forests is economic security; secondly, it is the subject of a crime. The subjects of the crime of violating fire safety rules are any sources that pose a fire hazard. For example, fuels and lubricants (gasoline, diesel fuel), sources of electricity (power grids), explosives, open fire (bonfires, stoves), and when forests are destroyed or damaged (art.292 of the Criminal Code), these are forests included in the forest fund and other types of forests, according to the Forest Code of the Republic of Kazakhstan. Thirdly, on the objective side, on the objective side, the act provided for in Article 256 of the Criminal Code is expressed in violation of fire safety rules, and in the crime provided for in Article 292 of the Criminal Code in careless handling of fire. Violation of fire safety rules may be committed as a result of intentional or unintentional violation of the rules. Destruction or damage constitutes a crime as a result of careless handling of fire, or a source of increased danger.
Fourthly, the subject of the crime provided for in Article 256 of the Criminal Code is the person responsible for compliance with fire safety rules, while the subject of the composition provided for in Article 292 is a person who has reached the age of 16. And finally, the difference should be based on the consequences that have occurred. To qualify under art. 292, it is sufficient to destroy or damage forests and plantings that are not part of the forest fund. 256 of the Criminal Code, these socially dangerous consequences recede into the background, and human life and health come to the fore.
Violation of fire safety rules must be distinguished from the destruction of other people's property by negligence by careless handling of fire or other source of increased danger (Part 2 of art.188 of the Criminal Code). The difference should be based on the object and the objective side. The object of the crime under part 2 of art. 188 is property. On the objective side, the act is expressed in careless handling of fire or other sources of increased danger.
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
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
