Comment to Article 283. Marine pollution of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Pollution of the marine environment from sources located on land or as a result of violations of the rules of burial or dumping from vehicles or artificial structures erected at sea of substances and materials harmful to human health and living resources of the sea or impeding the legitimate use of the marine environment, —      

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 by deprivation of the right to hold certain positions or engage in certain activities for up to five years, or correctional labor for up to two years, or arrest for up to four months.   

  2. The same act that has caused significant harm to human health, wildlife, fish stocks, the environment, recreation areas, or other legally protected interests., —    

is punishable by imprisonment for a term of up to three years with a fine in the amount of fifty to one hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of up to one month.    

3. The acts provided for in the first or second parts of this Article, which negligently caused the death of a person, —

    are punishable by imprisonment for a term of up to five years.

     The public danger of a crime is to undermine the environmental safety of the Republic of Kazakhstan, create a threat of harm to human health and (or) living resources of the sea, obstruct the lawful use of the marine environment, cause significant harm to human health, animal or plant life, fish stocks, the environment, etc.    

 The object of the crime under consideration is environmental safety, as well as the stability and natural resource potential of the marine environment. An additional object is human health and life.  

   The subject of the crime is the marine environment, that is, internal sea waters, territorial sea waters, the open sea, and the living resources of the sea.    

 Inland waters are waters located offshore from the baselines from which the width of the territorial sea of the Republic of Kazakhstan is measured.  

   The internal sea waters of the Republic of Kazakhstan, according to Article 5 of the Law of the Republic of Kazakhstan "On the State Border" dated January 13, 1993, include the waters of the ports of the Republic of Kazakhstan, bounded by a line passing through the points of hydraulic engineering and other structures of ports furthest towards the sea; the waters of rivers and other reservoirs, the shores of which belong to the Republic of Kazakhstan.   

  The territorial sea is a marine belt 12 nautical miles wide, measured from the baselines, adjacent to the land area or to the internal sea waters.   

  The territorial sea of the Republic of Kazakhstan includes coastal waters, the width of which is determined by international treaties of the Republic of Kazakhstan or decisions of the highest state authorities of the Republic of Kazakhstan (art. 5 of the Law "On the State Border").      The objective side of this crime is the violation of special rules, the observance of which ensures the cleanliness of the marine environment. These rules can be violated through active actions and through inaction. Active actions consist in the discharge of pollutants from vehicles or artificial structures erected in the sea without permission, the burial of unprocessed nuclear fuel from water vessels, the discharge of petroleum products into the marine environment, and the like. Inaction may be expressed in the failure of officials to take measures to prevent the discharge of pollutants and the like.      

The composition of the crime in question is evident when substances and materials harmful to human health and marine living resources or interfering with the lawful use of the marine environment are found in the marine environment.   

  The subjective side of the crime in question is characterized by indirect intent, and in relation to the death of a person provided for in Part 3 of Article 283 of the Criminal Code of the Republic of Kazakhstan, by negligence.   

  The subject of the crime in question is persons who, in accordance with the established procedure, are required to comply with certain environmental rules when burying or dumping substances and materials from sources listed in Article 283 of the Criminal Code of the Republic of Kazakhstan into the sea.   

  283 of the Criminal Code provides for increased criminal liability for the same act that has caused significant harm to human health, wildlife, fish stocks, the environment, recreation areas or other legally protected interests.     

Significant harm should be understood as harm to human health, significant deterioration in the quality of the environment, recreation areas, the occurrence of mass animal diseases, significant reduction or destruction of fish stocks, other aquatic plants and organisms, disease and death of plants and forests, significant deterioration of land fertility, mass human disease, as well as other consequences that can lead to an environmental emergency.  

   Liability under Part 2 of Article 283 of the Criminal Code occurs if the specified consequences are causally related to illegal pollution of the marine environment.   

  According to Part 3 of Article 283 of the Criminal Code, criminal liability occurs if the result of marine pollution was the death of at least one person. At the same time, as it follows from the law, death must occur due to negligence.    

 The crimes provided for in parts 1, 2 and 3 of art. 283 relate to crimes of minor gravity.

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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