Comment to article 374. Construction and operation of facilities that have led to harmful effects on the condition and reproduction of forests  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Construction and operation of facilities that have led to harmful effects on the condition and reproduction of forests, –

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

     2. The same actions committed in specially protected natural areas, –

     they impose a fine on individuals in the amount of twenty, on officials, small businesses – in the amount of thirty–five, on medium–sized businesses - in the amount of fifty, on large businesses - in the amount of four hundred monthly calculation indices.

     Part 1. The object of the commented offense is the condition and reproduction of forests. 18), paragraph 1 of Article 113 of the Forest Code of the Republic of Kazakhstan dated July 8, 2003 No. 477 stipulates that violations in the field of protection, protection, use of forest resources, reproduction of forests and afforestation are the construction and operation of facilities that have led to harmful effects on the condition and reproduction of forests.  

     According to Article 53 of the Forest Code of the Republic of Kazakhstan, the construction sites of facilities affecting the condition and reproduction of forests are coordinated with the authorized body with mandatory state environmental and sanitary-epidemiological expertise.

     During the placement, design, construction and commissioning of enterprises, structures and other facilities, as well as during the introduction of new technological processes affecting the state of forests, measures should be provided and implemented to protect forests from the negative effects of wastewater, industrial and municipal emissions, waste and waste.

     It is prohibited to put into operation enterprises, workshops, transport routes and other facilities that are not equipped with devices that prevent harmful effects on the condition of forests.

     Paragraph 67) of Article 4 of the Forest Code of the Republic of Kazakhstan states that "forest reproduction" is "the creation of forest crops or measures to promote natural regeneration in areas previously occupied by forest, including measures to care for the forest and its improvement."

     In accordance with Article 68 of the Forest Code of the Republic of Kazakhstan, individuals and public associations participate in ensuring the protection, protection, use of the forest fund, forest reproduction and afforestation in accordance with the legislation of the Republic of Kazakhstan.

     The population participates in the protection, protection, use of the forest fund, reproduction of forests and afforestation through local governments. State bodies and organizations assist local governments in resolving issues of local importance related to the protection, protection, use of forest resources, forest reproduction and afforestation.

     Public associations established for the purpose of protecting, protecting, using the forest fund, reproducing forests and afforestation carry out their activities to preserve the biological diversity of forests, objects of the state nature reserve fund, cultural and natural heritage, ensuring the rational use of forest resources, developing school forestry, creating voluntary fire protection units and other activities in the field of protection, protection, use of the forest fund, reproduction of forests and afforestation in cooperation with the forestry agency.

     Chapter 12 of the Forest Code of the Republic of Kazakhstan regulates forest reproduction and afforestation. Thus, the purpose of forest reproduction is the timely restoration of forests in deforestation, burning and other previously forest-occupied territories of the state forest fund, improving the species composition of forests, increasing their productivity, and ensuring the rational use of lands of the state forest fund. The purpose of afforestation is to create plantations in areas not previously occupied by forests.

     Forest management in the areas of the state forest fund should ensure an increase in the resource and ecological potential of forests. The increase in the resource and ecological potential of forests in the areas of the state forest fund is carried out as a result of the implementation of a system of scientifically based logging, forest reproduction, improvement of their species composition, creation and effective use of a permanent forest seed base on a breeding and genetic basis, hydroforestry, forest management, including logging and sanitary logging, construction of forestry roads, carrying out other forestry activities.

     Measures to increase the resource and ecological potential of forests in the areas of the state forest fund are carried out by forest institutions and forest users in accordance with forest management projects.  

     Measures for the reproduction of forests in the areas of the state forest fund should be carried out in compliance with environmental and sanitary-epidemiological requirements in ways that ensure the creation of highly productive and sustainable plantations in the shortest possible time, taking into account forest conditions and economic feasibility.

     The scope of work in the state forest fund on forest reproduction and afforestation is determined by projects developed by forestry and other design and survey organizations specializing in this field that have passed the state environmental expertise.

     The procedure for carrying out measures on the sites of the state forest fund for forest reproduction and afforestation and quality control is established by the authorized body. An inventory of forest crops, nurseries, and areas with measures taken to promote the natural regeneration of forests and those left for natural overgrowth in the state forest fund is carried out in accordance with the procedure approved by the authorized body. Afforestation activities on the lands of the private forest fund are carried out at the expense of the owner.

     In order to ensure optimal forest cover of the territory of the republic, afforestation of river banks, reservoirs and, in other necessary cases, lands of other categories, primarily unsuitable for agricultural use (ravines, gullies, sands and other degraded lands), as well as lands of land reserve, may be transferred to forest institutions as part of the lands of the state forest fund.

     Restoration and reproduction of plant and animal species and forms in forest biocenoses are carried out through the reintroduction of the best representatives of the local native flora and fauna. The introduction of plant species that harm the main native plant species is prohibited.

     Thus, the objective side of the offense is manifested in actions related to the construction and operation of facilities that have led to harmful effects on the condition and reproduction of forests.  

     The subjective side of the offense is expressed 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 Article 374 of the Administrative Code is characterized by the fact that its composition may coincide with the first part of the commented article (object, objective side, subjective side, subject) if there is one qualifying feature. These actions must be carried out in specially protected natural areas.  

     Paragraph 3) of Article 1 of the Law of the Republic of Kazakhstan dated July 7, 2006 No. 175 "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 regime is established. special protection".  

     Article 14 of the Law of the Republic of Kazakhstan "On Specially Protected Natural Territories" regulates the categories and types of specially protected natural territories. Thus, specially protected natural territories, depending on the importance of objects of the state nature reserve fund, belong to the category of republican or local significance.

     Depending on the purposes of creation and the type of protection regime, the following types of specially protected natural territories of national importance are distinguished:

     1) state nature reserves;

     2) State-owned national nature parks;

     3) State natural reserves;

     4) State zoological parks;

     5) State botanical gardens;

     6) State arboretum parks;

     7) State natural monuments;

     8) state nature reserves;

     9) State protected areas.

     Depending on the objectives of the creation and the type of protection regime, the following types of specially protected natural areas of local importance are distinguished:

     1) State regional nature parks;

     2) State zoological parks;

     3) State botanical gardens;

     4) State arboretum parks;

     5) State natural monuments;

     6) state nature reserves.

Legislative acts of the Republic of Kazakhstan may provide for other types of specially protected natural territories. The assignment of specially protected natural territories to the category of republican significance is carried out by the Government of the Republic of Kazakhstan on the recommendation of the authorized body, to the category of local significance - by the local executive bodies of regions, cities of republican significance, the capital in coordination with the authorized body.

     The transfer of a specially protected natural territory with the status of a legal entity from one type to another, resulting in a decrease in its status, is carried out with partial or complete loss of its special value and uniqueness as a result of a natural and (or) man-made emergency.

     The decision to transfer a specially protected natural area with the status of a legal entity from one type to another, entailing a decrease in its status or an increase, is made on the basis of a positive conclusion of the state environmental expertise on a scientific basis.:

     1) for a specially protected natural area of national significance - by the Government of the Republic of Kazakhstan on the proposal of the authorized body;

     2) for a specially protected natural area of local significance - by the local executive body of the region, the city of republican significance, the capital in coordination with the authorized body.

     The transfer of specially protected natural territories from the category of "national significance" to the category of "local significance" is not allowed, with the exception of state natural monuments located within the boundaries of cities of national significance.

     In accordance with Article 709 of the Administrative Code, cases of administrative offenses are considered and administrative penalties are imposed under Article 374 of the Administrative Code by the authorized body in the field of forestry, fishing and hunting.  

     In accordance with paragraphs 2) of Part 3 of Article 804 of the Administrative Code in cases of administrative offenses, the consideration of which is attributed to 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 (Article 374 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.);  

     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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