Comment to article 367. Violation of fire safety and sanitary regulations in forests  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Violation of fire safety and sanitary regulations in forests –

     entails a fine for individuals in the amount of ten, for officials, small business entities – in the amount of thirty, for medium–sized businesses – in the amount of fifty, for large businesses - in the amount of one hundred and fifty monthly calculation indices.

     2. The same act that caused a fire, causing harm to human health and the environment, if this action did not cause major damage., –

     entails a fine for individuals in the amount of twenty–five, for officials, small business entities – in the amount of forty–five, for medium-sized businesses - in the amount of seventy, for large businesses - in the amount of two hundred and fifty monthly calculation indices.

     3. The actions provided for in the first and second parts of this Article, committed in specially protected natural territories, –

     they impose a fine on individuals in the amount of one hundred, on officials, small business entities – in the amount of two hundred and fifty, on medium–sized businesses – in the amount of four hundred, on large businesses - in the amount of one thousand five hundred monthly calculation indices.

     Part 1. The object of the offense being commented on is the socio-legal relations that arise when complying with fire safety and sanitary regulations in forests.  

     According to Article 62 of the Forest Code of the Republic of Kazakhstan dated July 8, 2003 No. 477, the main tasks of protecting and protecting the state forest fund are:

     1) carrying out measures for the prevention of forest fires, their timely detection and elimination;

     2) ensuring that all organizations operating and located on the territory of the state forest fund, as well as individuals located in the forest, comply with fire safety and sanitary rules in forests;

     3) protection of forests from illegal logging, damage, theft and other violations of the forest legislation of the Republic of Kazakhstan, as well as protection of lands of the state forest fund;

     4) ensuring that forest users comply with the rules for the release of wood on the root, logging on the sites of the state forest fund and the rules of other types of forest management;

     5) timely identification of foci of forest pests and diseases, forecasting their development and control;

     6) carrying out biotechnical measures;

     7) ensuring compliance with the rules of hunting and fishing on the territory of the state forest fund;

     8) other actions ensuring the protection and protection of the state forest fund, reproduction, rational use of forests and afforestation;

     9) ensuring compliance with environmental requirements established by the environmental legislation of the Republic of Kazakhstan.

     The objective side of the offense is expressed in actions (inaction) that violate the requirements of fire safety and sanitary rules in forests.  

     Thus, in paragraph 12 of the "Rules of Fire Safety in Forests", approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated October 23, 2015 No. 18-02/942, state forest owners comply with fire safety requirements in forests and ensure the implementation of the following measures to prevent (prevent) forest fires:

     1) ensure fire and sanitary management of the forest fund territory, prevent, promptly detect and prevent violations of these Rules, and take necessary measures to extinguish forest fires;

     2) assist forest users in developing their fire prevention plans;

     3) keep records of forest fires and their consequences.

     In accordance with paragraphs 14-15 of the "Rules of Fire safety in Forests", it is not allowed on the territory of the forest fund during the fire season.:

     1) make bonfires in coniferous young trees, old burning mounds, in areas of damaged forest (windfall, windfall), cutting areas with felling residues and harvested wood, in places with dried grass, as well as under tree crowns;

     2) throw burning matches, cigarette butts and shake out hot ashes from smoking pipes;

     3) to use wads of flammable or smoldering materials when hunting;

     4) leave the cleaning material soaked in fuels and lubricants in places that are not intended specifically for this purpose;

     5) refuel fuel tanks with internal combustion engines running, use vehicles with a faulty engine power system, and smoke or use an open fire near vehicles being refueled.

     It is not allowed to anneal grassy vegetation on all categories of land, except for controlled annealing on the territory of the forest fund and adjacent territories, conducted by forest owners in order to reduce the fire hazard.

     In other places, bonfires are built on sites bordered by a mineralized strip at least four meters wide. The bonfire is carefully covered with earth or filled with water until the smoldering completely stops.

     According to paragraphs 17-22 of the "Rules of fire safety in forests", clogging with household waste, landfill, construction debris and refuse is not allowed in the forest.

     Incineration of garbage is carried out near forests only in specially designated areas, subject to the following conditions:

     1) places for burning (pits or sites) are allocated at a distance of at least fifty meters from the walls of a coniferous forest or separately growing coniferous trees and young trees, at least twenty-five meters from the walls of a deciduous forest and separately growing deciduous trees;

     2) the area around waste incineration sites is cleared within a radius of twenty meters from dead wood, dead wood, felling residues, and other flammable materials and is bordered by a mineralized strip at least four meters wide, and in areas near coniferous forests on dry soils – at least five meters;

     3) during the fire season, incineration of garbage is carried out only in fire hazard classes I - II in calm or rainy weather under the supervision of specially designated persons. There is no incineration of garbage during dry periods.

     Individuals, heads of organizations carrying out work or having facilities on the territory of the forest fund, before the start of the fire season, and persons responsible for holding cultural and other events, before leaving or leaving campers in the forest, instruct workers, employees or participants in cultural and other events on compliance with these Rules, warning the occurrence of forest fires, as well as ways to extinguish them.

     When clearing logging sites, loggers carry out the following activities::

     1) carry out spring after-cleaning of cutting areas in case of logging and clearing of cutting areas in winter;

     2) lay the felling residues in heaps or shafts for rotting or burning, or scatter them in crushed form over the cutting area at a distance of at least ten meters from the walls of the forest;

     3) incineration of felling residues from winter harvesting before the start of the fire season.

     The incineration of felling residues from summer logging and those collected during the spring after-cleaning of logging sites is carried out in the autumn after the end of the fire-hazardous period.

     When burning felling residues, the preservation of testes, undergrowth and other un-felled trees in the cutting areas is ensured, as well as the complete combustion of felling residues.

     The burning of felling residues in logging areas is not carried out with a solid stick.

     When skidding trees with crowns, the burning of felling residues in the upper warehouses (loading points) is carried out during the entire harvesting period.

     If felled trees are left in logging areas during the fire season, they are cleared of branches and packed tightly onto the ground.

     Harvested forest products left in logging areas during the fire season are collected in stacks or woodpiles and bordered by a mineralized strip at least four meters wide.

     Cutting areas in coniferous lowland forests on dry soils with harvested wood left for the fire season, as well as with felling residues left to rot, are bordered by a mineralized strip at least four meters wide. Cutting areas with an area of more than twenty-five hectares are also divided into sections by mineralized strips of the specified width.

     In accordance with paragraph 13 of the "Sanitary Rules in Forests", approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated November 17, 2015 No. 18-02/1003, in order to preserve and increase the stability of plantations, increase their productivity, reduce the number of stem pests, reduce the infectious background of diseases, as well as improve fire safety in forests, forest owners and forest users carry out timely:

     forest protection measures during logging;

     forest protection measures during the storage of wood in warehouses, loading points and during transportation;

     forest protection measures for pruning and osmolation of forests, harvesting birch and maple sap;

     forest protection measures when using forests for recreational, historical and cultural purposes;

     chemical protection against stem pests;

     clearing of cutting areas and cleaning of extra-cutting clutter;

     laying out hunting trees or piles;

     cutting down unwanted tree species, shrubs, and other vegetation that are intermediate links in the spread of dangerous forest diseases;

     application of special methods;

accounting of foci of pests and diseases of the forest and planning of measures for their prevention and elimination;

     informing about the appearance of pests and diseases of the forest;

     organization of a forest pathology survey for especially dangerous pests and diseases of the forest;

     measures to combat forest pests and diseases;

     methods of storing wood in forests, warehouses, and loading points.

     The subjective side of the offense is expressed in the fact that the act can be committed both in the form of direct intent and negligence.

     The general subject of the offense is individuals, officials, small business entities, medium-sized businesses, and large businesses.

     Part 2 of the commented offense contains the same elements (object, objective side, subjective side, subject) as the first part of Article 367 of the Administrative Code, except that the consequences are necessary for qualification under part two of 367 of the Administrative Code.:

     - the occurrence of a fire;

     - causing harm to human health and the environment, if this action has not caused major damage.  

     In accordance with paragraph 54) of Article 1 of the Law of the Republic of Kazakhstan dated April 11, 2014 No. 188-V 3PK "On Civil Protection", "fire" is "uncontrolled gorenje, posing a threat, harming human life and health, material damage to individuals and legal entities, the interests of society and the state".  

     According to paragraphs 35) of Article 1 of the Code of the Republic of Kazakhstan dated September 18, 2009 No. 193-IV "On the health of the people and the healthcare system", "health" is "a state of complete physical, spiritual (mental) and social well-being, and not only the absence of diseases and physical defects."

     Paragraph 41) of Article 1 of the Environmental Code of the Republic of Kazakhstan dated January 9, 2007 No. 212 stipulates that the "environment" is "a set of natural and artificial objects, including atmospheric air, the ozone layer of the Earth, surface and groundwater, land, subsoil, flora and fauna, as well as the climate in their interaction".

     Thus, the disposition of part 2 of Article 367 of the Administrative Code is of a material nature, since for qualification under it it is necessary to establish the above-mentioned consequences.

     Part 3 of the commented offense contains the same elements (object, objective side, subjective side, subject) as the first part of Article 367 of the Administrative Code, except that these actions are committed in specially protected natural areas.  

     In accordance with Article 9 of the Environmental Code, a specially protected natural territory is land, water bodies and the airspace above them with natural complexes and objects of the state nature reserve fund, for which a special protection regime is established.

     The types of specially protected natural territories, the procedure for creation, the type of protection regime, as well as the specifics of organizing the activities of certain types of specially protected natural territories are established by the Law of the Republic of Kazakhstan "On Specially Protected Natural Territories".

     Subparagraph 3) of Article 1 of the Law of the Republic of Kazakhstan dated July 7, 2006 "On Specially Protected Natural Territories" states that a "specially protected natural territory" is "areas of land, water bodies and airspace above them with natural complexes and objects of the state nature reserve fund, for which a special protection regime is established".

     In accordance with subclause 1) of Part 1 of Article 686 of the Administrative Code, the authorized body in the field of civil protection considers cases of administrative offenses in the field of fire safety provided for in Article 367 of the Administrative Code.

     In addition, according to Article 709 of the Administrative Code, authorized bodies in the field of forestry, fishing and hunting can also consider cases of administrative offenses and impose administrative penalties under Article 367 of the Administrative Code.  

     It should also be borne in mind that according to Part 1 of Article 797 of the Administrative Code, when committing violations specified in Article 367 of the Administrative Code, an authorized official specified in part two of Article 797 of the Administrative Code has the right to detain, deliver and prohibit the operation of vehicles, vessels, including small vessels, by delivering them for temporary storage to special sites, parking lots, or sites adjacent to a stationary transport control post, including those using another vehicle (tow truck), vessel, or small vessel, until the reasons for the detention are eliminated.  

     In accordance with Part 2 of art . 797 of the Administrative Code, detention, delivery and prohibition of operation of a vehicle, vessel, including a small vessel, are carried out by employees of the internal affairs bodies, the Border Guard Service of the National Security Committee for the Protection and Protection of the State Border of the Republic of Kazakhstan, the military police when committing an administrative offense by a person driving a vehicle of the national security bodies, the Armed Forces of the Republic of Kazakhstan, and other troops and military formations of the Republic of Kazakhstan, transport control bodies within their powers, bodies of forestry and hunting, specially protected natural territories, fish protection (in case of violation of legislation in the field of forestry, fishing, hunting, specially protected natural territories), officials of state revenue bodies within their powers.

     In paragraphs 2) of Part 3 of Article 804 of the Administrative Code, it is stated that in cases of administrative offenses, the consideration of which falls under the jurisdiction of the bodies specified in Articles 685-735 of the Administrative Code, protocols on offenses may be drawn up by authorized officials of these bodies. In addition, officials of specialized organizations of authorized bodies in the field of forestry, fishing and hunting have the right to draw up protocols on administrative offenses (art. 367 of the Administrative Code).

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.);  

     Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);

     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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