Comment to article 292. Destruction or damage of forests of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Destruction or damage of forests, as well as plantings not included in the forest fund, as a result of careless handling of fire or other source of increased danger —    

are 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 arrest for up to six months, or imprisonment for up to two years.    

 2. Intentional destruction or damage of forests, as well as plantings not included in the forest fund, by arson, in another generally dangerous way, or as a result of pollution by harmful substances, waste, emissions or refuse —   

  is punishable by imprisonment for a term of three to eight years.

     The public danger of destruction (damage) of forests is to undermine the ecological safety of the Republic of Kazakhstan, causing enormous damage to the environment by destroying or damaging forests and other vegetation, wildlife, atmospheric pollution by burning forests, as well as forestry as a branch of production. These acts also destroy the health-improving functions of the forest.    

The object of the crime is environmental safety provided by the protection, rational use and reproduction of forests and other plantings not included in the forest fund.    

On the objective side, the acts provided for in Part 1 of Article 292 of the Criminal Code of the Republic of Kazakhstan are expressed in the destruction or damage of forests by careless handling of fire or other source of increased danger.   

  Destruction should be understood as the complete destruction (cessation of existence) of the forest, that is, the complete burning of the forest, bringing it to a state where it loses its economic value and cannot be used for its intended purpose.   

  Damage is understood as the burning of a significant part of the forest or a significant loss of its functions by the forest, as well as the cessation of growth of trees and shrubs due to incisions, bark tearing, and so on, that is, causing damage to the forest that significantly reduces its economic value, and the latter cannot be suitable for its intended use without restoration.    

 Failure to take fire safety measures when the culprit is in the forest or when carrying out work in or near it is regarded as careless handling of fire. A fire can occur from an unquenched campfire, an abandoned cigarette butt, it often occurs when burning grass, and so on.  

   Other sources of increased danger may include vehicles, machinery, electrical equipment, explosives, flammable liquids, and so on. Fire safety regulations prohibit the use of vehicles with a faulty fuel supply system or without a spark arrester on the exhaust pipe.   

  The crime is considered over from the moment of destruction or damage to forests.   

  On the subjective side, this crime is characterized only by a careless form of guilt.  

   The subject of the crime is a person who has reached the age of 16.  

   292 of the Criminal Code of the Republic of Kazakhstan provides for liability for the intentional destruction or damage of forests by arson, in another generally dangerous way, or as a result of pollution by harmful substances, waste, emissions or refuse.    

 Deliberate arson of a forest is a serious crime, therefore, the legislator has provided for a more severe punishment for this act, since a fire in a forest causes huge losses not only to trees and shrubs, but also to animals, birds, settlements and, ultimately, to people.    

 Another generally dangerous method should be understood as actions that lead to the destruction or damage of forests by explosion, flooding, and so on.    

 Damage caused to forestry by damage to forests caused by pollution by harmful or chemical substances, industrial and municipal waste, emissions or refuse, is compensated in accordance with the Resolution of the Cabinet of Ministers of the Republic of Kazakhstan "On Financial liability for violation of forest legislation and illegal extraction or damage to plants listed in the Red Book" dated February 23, 1993 (Appendices no. No. 2, 5), as well as on the basis of the resolution approved on July 13, 1996. Committee of Forestry of the Republic of Kazakhstan "Instructions on the procedure for bringing to responsibility for violation of forest legislation".    

 On the subjective side, the crime in question is characterized only by an intentional form of guilt. The motives of the crime do not matter for qualification, but are taken into account by the court when imposing punishment.  

   The subject of a crime is any sane person who has reached the age of 16.    

 The crime provided for in Part 1 of Article 292 refers to crimes of minor gravity.  

   The crime provided for in Part 2 of Article 292 is classified as serious crimes.

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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