Comment to article 301-2. Violation of the requirements for providing information on technological violations The Code of the Republic of Kazakhstan on Administrative Offences
1. Untimely, unreliable provision of information by energy-producing and energy-transmitting organizations about technological violations that have occurred -
entails a fine for small businesses in the amount of one hundred, for medium-sized businesses - in the amount of two hundred, for large businesses - in the amount of four hundred monthly calculation indices.
2. Concealment of information by energy-producing and energy-transmitting organizations about technological violations that have occurred -
entails a fine for small businesses in the amount of two hundred, for medium-sized businesses in the amount of four hundred, for large businesses in the amount of one thousand monthly calculation indices.
Part 1 of the commented article provides for administrative liability of business entities in the form of an administrative fine for late, unreliable provision of information about technological violations by energy-producing and energy-transmitting organizations.
The direct object of the administrative offense provided for in part 1 of the commented article is the procedure established by law and protected by the state for providing information on technological violations that have occurred.
According to subparagraph 24-2) of Article 1 of the Law of the Republic of Kazakhstan dated July 9, 2004 "On Electric Power Industry" (hereinafter referred to as the Law), a technological violation is a failure or damage to equipment, electrical and (or) heating networks, including as a result of fire or explosions, deviations from established modes, unauthorized shutdown or limitation of equipment operability, or its malfunctions, which led to disruption of the process of production, transmission, consumption of electrical and (or) thermal energy.
The objective side of the administrative offense provided for in Part 1 of Article 301-2 of the Administrative Code is characterized by an action, namely:
- providing information about technological violations that have occurred in violation of the deadline;
- or providing false information about the technological violations that have occurred.
According to subparagraph 7 of paragraph 2 of Article 12 of the law, participants in the production and transmission of electric energy (energy producing, energy transmitting organizations) are required to inform, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, the state energy supervision and control authority about technological violations that have occurred in accordance with their classification and accidents related to the operation of energy equipment.
Regarding the timing of the provision of information, according to paragraph 5 of the Rules for the Investigation and Accounting of Technological Violations in the operation of the unified electric power system, power plants, district boilers, electric and thermal networks, An energy company, within 1 hour from the moment of occurrence of a technological violation and accidents at work, submits an operational report in accordance with the Regulations for the provision by energy companies of operational reports on technological violations and accidents in the Unified Electric Power System of the Republic of Kazakhstan.
No later than 12 hours after the occurrence of a technological violation and accidents, the energy company sends a written notification to the state body for state energy supervision and control, the local executive body (in terms of competence) and the system operator.
Regarding the information contained in the messages, according to paragraph 6 of the Rules, operational and written messages contain the following information::
1) the name of the energy company, the date and time of the occurrence of a technological violation, accident;
2) the alleged causes of technological disruption, accident;
3) list of expired protections, automation and interlocks;
4) a list of equipment that has failed and is still in operation;
5) consequences of a technological violation: the volume of damaged equipment, under-discharge, the number of disconnected consumers, the time to eliminate the technological violation;
6) consequences of an accident.
The subject of the administrative offense provided for in part 1 of the commented article are business entities (a special entity). The sanction provides for administrative liability in the form of an administrative fine.
The subjective side of the acts provided for in Part 1 of Article 301-2 of the Administrative Code is characterized by guilt in the form of intent.
The composition of the administrative offense provided for in the commented article is formal, that is, it is considered completed from the moment the fact of the offense is discovered and it is not necessary to establish the fact of causing material harm.
Part 2 of the commented article establishes the administrative responsibility of business entities (energy producing, energy transmission organizations) in the form of an administrative fine for concealing information about technological violations that have occurred.
The direct object of the administrative offense provided for in part 2 of the commented article is the procedure established by law and protected by the state for providing information on technological violations that have occurred.
The description of the object of the administrative offense provided for in Part 1 and Part 2 coincides, since both Part 1 and Part 2 violate the procedure for informing about technological violations.
The objective side of the administrative offense provided for in Part 2 of Article 301-2 of the Administrative Code is characterized by inaction, namely, concealment of information about technological violations that have occurred.
If in part 1 the subject provides information, but in violation of deadlines or unreliable, then in part 2 the subject does not provide any information at all, is silent (conceals) about the technological violation that occurred.
The subject of the administrative offense provided for in part 2 of the commented article are business entities (a special entity). The sanction provides for administrative liability in the form of an administrative fine.
The subjective side of the acts provided for in Part 2 of art. 301-2 of the Administrative Code is characterized by guilt in the form of intent.
The composition of the administrative offense provided for in the commented article is formal, that is, it is considered completed from the moment the fact of the offense is discovered and it is not necessary to establish the fact of causing material harm.
According to part 1 of Article 690 of the Administrative Code, the state energy supervision and control authorities consider cases of administrative offenses provided for in Article 301-2 of the Administrative Code. According to part 2 of Article 690 of the Administrative Code, the heads of territorial divisions of state energy supervision and control bodies have the right to consider cases of administrative offenses and impose administrative penalties.
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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