Comment to article 299. Violation of the legislation of the Republic of Kazakhstan when carrying out certified types of work in the field of industrial safety and dam safety The Code of the Republic of Kazakhstan on Administrative Offences
1. Violation of the legislation of the Republic of Kazakhstan when carrying out certified types of work in the field of industrial safety and dam safety, committed in the form of:
1) issuing expert opinions, including in the field of blasting, containing incomplete and (or) unreliable information on the conformity (non-conformity) of the object of expertise based on the results of the examinations conducted in the field of industrial safety;
2) development of industrial safety declarations for hazardous production facilities that do not comply with industrial safety requirements;
3) inconsistencies in the training and retraining of specialists and employees of hazardous production facilities with the requirements of industrial safety;
4) carrying out maintenance of gas-consuming systems that do not ensure their proper condition;
5) issuing expert opinions, developing dam safety declarations containing incomplete and (or) unreliable information on their compliance (non-compliance) with the requirements established by the water legislation of the Republic of Kazakhstan, –
entails a fine for small businesses in the amount of ten, for medium–sized businesses – in the amount of twenty, for large businesses - in the amount of one hundred monthly calculation indices, with or without suspension of the certificate.
2. The action provided for in the first part of this article, committed repeatedly within a year after the imposition of an administrative penalty, as well as non-elimination of violations provided for in the first part of this Article., –
They impose a fine on small businesses in the amount of twenty, on medium–sized businesses in the amount of forty, on large businesses in the amount of two hundred monthly calculation indices, with the deprivation of a certificate.
Part 1 of the commented article provides for liability for violation of the legislation of the Republic of Kazakhstan when carrying out certified types of work in the field of industrial safety.
In order to specify the norm, the legislator provided that this violation may be expressed in the form of:
1) issuing expert opinions, including in the field of blasting, containing incomplete and (or) unreliable information on the conformity (non-conformity) of the object of expertise based on the results of the examinations conducted in the field of industrial safety;
2) development of industrial safety declarations for hazardous production facilities that do not comply with industrial safety requirements;
3) inconsistencies in the training and retraining of specialists and employees of hazardous production facilities with the requirements of industrial safety;
4) carrying out maintenance of gas-consuming systems that do not ensure their proper condition;
5) issuing expert opinions, developing dam safety declarations containing incomplete and (or) unreliable information on their compliance (non-compliance) with the requirements established by the water legislation of the Republic of Kazakhstan.
The object of this offense is the procedure for compliance with industrial safety requirements when carrying out certified types of work in the field of industrial safety.
The objective side of the act is expressed in illegal actions (inaction) that violate the requirements of industrial safety when carrying out certified types of work in the field of industrial safety.
The subjects of this offense may be legal entities engaged in certified types of work in the field of industrial safety.
The subjective side of the act may be in the form of intent or negligence.
Work in the field of industrial safety is carried out at hazardous production facilities where there is a threat of accidents and incidents causing harm (damage) to individuals and legal entities and the environment.
In addition, poor-quality performance of work certified in the field of industrial safety is expressed in poor-quality development of industrial safety declarations, in the absence of information provided for in the standard of the state service "Registration of industrial safety declarations", poor-quality training, retraining of specialists, workers in the field of industrial safety, expressed in the formal training and knowledge testing of workers at hazardous production facilities., and poor-quality maintenance of gas-consuming systems in violation of industrial safety requirements.
Administrative responsibility under this article makes it possible to improve the quality of work in the field of industrial safety and reduce the risk of accidents and incidents at hazardous production facilities.
Part 2 of the commented article takes into account the actions (inaction) provided for in part one of this article, committed repeatedly within a year after the imposition of an administrative penalty, as well as the failure to eliminate violations provided for in part one of this article.
The subjects of this offense may be legal entities engaged in certified types of work in the field of industrial safety, who have repeatedly committed the offenses provided for in part one of the commented article, as well as those who have not eliminated the violations provided for in part one of the commented article.
The subjective side of the act is expressed in the form of intent.
In accordance with Article 698 of the Administrative Code, cases of administrative offenses under Part 1 of Article 299 of the Administrative Code are considered by the authorized body in the field of industrial safety, with the exception of dam safety. Also, according to Article 708 of the Administrative Code, it is considered by the authorized body in the field of use and protection of the water fund, with the exception of industrial safety. The court is considering Part 2.
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Karpekin Alexander Vladimirovich, Candidate of Law, Associate Professor – chapter 13 (in collaboration with Zhusipbekova A.M.);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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