Comment to article 378. Violation of rules for the protection of plant habitats and animal habitats, rules for the creation, storage, accounting and use of zoological collections, as well as illegal relocation, introduction, reintroduction and hybridization of animal species  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Violation of the rules for the protection of plant habitats and animal habitats, breeding conditions, migration routes and animal concentrations, rules for the creation, storage, accounting and use of zoological and botanical collections, as well as illegal relocation, introduction, reintroduction and hybridization of animal species –

     They entail a warning or fine for individuals in the amount of eight, for officials, small business entities – in the amount of fourteen, for medium–sized businesses – in the amount of twenty, for large businesses - in the amount of sixty monthly calculation indices.

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

     They entail a warning or fine for individuals in the amount of fifteen, for officials, small businesses – in the amount of thirty, for medium–sized businesses - in the amount of fifty, for large businesses – in the amount of one hundred monthly calculation indices.

     Part 1. The object of the commented offense is:

     - the established procedure for the protection of plant growth sites and animal habitats, breeding conditions, migration routes and animal concentrations, rules for the creation, storage, accounting and use of zoological and botanical collections;

     - social and legal relations arising during the resettlement, introduction, reintroduction and hybridization of animal species.  

     Sub-paragraphs 41) and 52) of Article 1 of the Law of the Republic of Kazakhstan dated July 9, 2004 No. 593 "On the Protection, reproduction and use of wildlife" establishes the conceptual framework:

     - "protection of wildlife" is "an activity aimed at the conservation of wildlife, its habitat and biological diversity, the sustainable use and reproduction of wildlife, as well as a set of measures to prevent and combat offenses in the field of protection, reproduction and use of wildlife";

     - "protection of the habitat of the animal world" is "an activity aimed at preserving or restoring the conditions of sustainable existence and reproduction of objects of the animal world in a state of natural freedom."  

     According to Article 3 of the Law of the Republic of Kazakhstan "On the Protection, Reproduction and Use of Wildlife", wildlife is divided into the following categories for its intended purpose:

     1) rare and endangered species of animals;

     2) species of animals that are objects of hunting;

     3) species of animals that are objects of fishing;

     4) types of animals used for other economic purposes (except hunting and fishing);

     5) species of animals not used for economic purposes, but having ecological, cultural and other value;

     6) species of animals, the number of which is subject to regulation in order to protect public health, protect against diseases of agricultural and other domestic animals, prevent damage to the environment, and prevent the danger of causing significant damage to agricultural activities.

     Categorization of animal species and their transfer from one category to another are carried out on the recommendation of the interdepartmental zoological commission on the basis of biological justification in order to preserve the species diversity of the animal world, their protection, reproduction and sustainable use.

     In accordance with Article 12 of the Law of the Republic of Kazakhstan "On the Protection, Reproduction and Use of Wildlife", activities that affect or may affect the state of wildlife, habitat, breeding conditions and migration routes of animals must be carried out in compliance with requirements, including environmental requirements, ensuring the safety and reproduction of wildlife and its habitat. and compensation for the harm caused and inflicted, including the inevitable.

     When carrying out activities that affect or may affect the state of wildlife and habitat, the following basic requirements must be met::

     1) preservation of biological diversity and the integrity of animal communities in a state of natural freedom;

     2) preservation of habitat, breeding conditions, migration routes and places of concentration of wildlife;

     3) scientifically based, rational use and reproduction of objects of the animal world;

     4) regulation of the number of objects of the animal world in order to preserve the biological balance in nature;

     5) reproduction of wildlife, including artificial breeding of animal species, including valuable, rare and endangered, with their subsequent release into the habitat.

     Article 240 of the Environmental Code of the Republic of Kazakhstan dated January 9, 2007 No. 212 stipulates that the introduction, reintroduction and hybridization of animal species in the territory of the Republic of Kazakhstan are allowed for scientific research and economic purposes with the permission of the authorized state body in the field of protection, reproduction and use of wildlife on the basis of a biological justification having a positive conclusion of the state environmental expertise.

     The introduction of hybrid animals into the natural environment is prohibited. Unauthorized introduction, reintroduction, and hybridization of animal species are prohibited to individuals and legal entities.

     Individuals and legal entities that keep or breed wild animals in captivity and/or semi-captivity, as well as domestic animals that may interbreed with wild animals or harm them, are required to take measures to prevent these animals from entering the natural environment.

     The objective side of the offense is expressed in actions (inaction) to violate the rules for the protection of plant growth sites and animal habitats, breeding conditions, migration routes and animal concentrations, rules for the creation, storage, accounting and use of zoological and botanical collections, as well as illegal relocation, introduction, reintroduction and hybridization of animal species.  

     The subjective side of the commented offense is characterized by the fact that the act can be committed both in the form of gross 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 378 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.  

     Subparagraph 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 special protection regime is established. security guards."  

     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 area 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 territory 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 378 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 378 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  

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases