Comment to article 290. Illegal handling of rare and endangered species of animals and plants of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     Illegal extraction, acquisition, sale, as well as destruction of rare and endangered species of animals and plants listed in the Red Book of the Republic of Kazakhstan, or their habitats —      

are punishable by restriction of liberty for a term of up to three years or imprisonment for the same term with confiscation of the convicted person's property, as well as property that is the object of criminal acts, an instrument or means of committing a crime, an object withdrawn from circulation.

     The public danger of this crime is determined by the fact that the perpetrator encroaches on rare or endangered species of animals and plants listed in the Red Book of the Republic of Kazakhstan, encroachment on which is generally prohibited by law, and thereby causes irreparable harm to both the environment and forestry in general.   

  The object of the crime is environmental safety for the protection and reproduction of animals and plants listed in the Red Book of the Republic of Kazakhstan.   

  The Red Book of the Republic of Kazakhstan warns that animals and plants are in danger, that they must be protected and protected, and that their extraction by any means is prohibited.    

 Species of animals and plants are listed in the Red Book of the Republic of Kazakhstan:    

 - endangered species;    

 - the number of which is rapidly decreasing;    

 - rare species;   

  - little-known, insufficiently studied;    

 - restored species whose immediate danger of extinction has passed due to the protection measures taken.      The inclusion of rare and endangered species in the Red Book of the Republic of Kazakhstan is provided for in Article 15 of the Law of the Republic of Kazakhstan "On the Protection, Reproduction and Use of Wildlife" dated June 9, 2004.     

Environmental requirements for the protection, reproduction, captive and semi-captive breeding, and limited economic use of rare and endangered animal species are regulated by Chapter 36 of the Environmental Code of the Republic of Kazakhstan.    

 On the objective side, the actions of the perpetrator are expressed in the illegal extraction, acquisition, sale, as well as the destruction of rare species of animals and plants or their habitats.    

 Illegal mining should be understood as the unauthorized extraction of animals and plants listed in the Red Book of the Republic of Kazakhstan, if it is carried out without proper permission (license). Acquisition should be understood as the paid or gratuitous receipt of these animals or plants in any form: purchase, appropriation, receipt fraudulently or as a gift, on account of debt, in exchange for other property, and so on. The sale covers any means of their illegal distribution: sale, donation, exchange, debt payment, loan, and so on. Destruction should be understood as the complete extermination of animals and plants or their habitats, that is, bringing them to a state where they cannot be further used for their intended purpose, and their habitats cease to fully exist.    

 On the subjective side, the crime in question is characterized only by an intentional form of guilt.    

The subject of the crime can be any sane person who has reached the age of 16.   

  The crime provided for in Article 290 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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