Comment to article 380. Violation of the order of stay of individuals in certain types of specially protected natural territories  The Code of the Republic of Kazakhstan on Administrative Offences  

     The stay of individuals without special permission and outside the designated places for visiting in the territories of state nature reserves, state national nature parks, state nature reserves, state nature parks –

     entails a warning or a fine in the amount of two monthly calculation indices.

     The object of the offense being commented on is the established legal regime for individuals to stay without special permission and outside designated places to visit on the territories of state nature reserves, state national nature parks, state natural reserves, and state natural parks.  

     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 12 of the Law of the Republic of Kazakhstan "On Specially Protected Natural Territories", individuals have the right to:

     1) use specially protected natural territories in accordance with the procedure established by the authorized body;

     2) submit proposals to the authorized body on issues of specially protected natural territories;

     3) participate jointly with environmental organizations in measures for the protection, protection, restoration and use of objects of the state nature reserve fund;

     4) create funds whose activities are aimed at the development of specially protected natural territories and participate in their activities in accordance with the legislation of the Republic of Kazakhstan;

     5) to request and receive from the relevant state bodies the necessary information concerning the state and functioning of specially protected natural territories and ecological networks.

     Individuals are required to comply with the legislation of the Republic of Kazakhstan in the field of specially protected natural areas.

     Thus, the objective side of the offense is expressed in actions to stay without special permission and outside the designated places for visiting in the territories of state nature reserves, state national nature parks, state nature reserves, and state nature parks.

     Section 2 of the "Rules for visits to specially protected natural areas by individuals", approved by the Order of the Acting Minister of Agriculture of the Republic of Kazakhstan dated September 1, 2010 No. 555, regulates visits to environmental institutions by individuals. Thus, for individuals (hereinafter referred to as visitors), when visiting the territory of an environmental institution, depending on the type of specially protected natural area (hereinafter referred to as protected areas) and the established legal protection regime, it is allowed:

     1) movement by mechanized and horse-drawn vehicles along public roads and special roads of excursion routes, along unpaved forest and field roads of protected areas, parking in specially equipped places, except for areas with a protected protection regime;

     2) conducting organized excursions and hiking trips, previously agreed with the administration of the nature conservation institution along established tourist routes and trails, accompanied by guides or guides-inspectors of protected areas;

     3) movement through reservoirs only on non-motorized floating vehicles, in coordination with the administration of the environmental institution;

     4) amateur (sport) fishing.

     In State nature reserves, amateur fishing is carried out in accordance with article 43-1 of the Law.;

     5) amateur harvesting of wild fruits, berries, mushrooms, medicinal herbs, haymaking, firewood harvesting and other types of traditional nature management in specially designated areas, except for areas with a protected protection regime;

     6) conducting sports and environmental education events, tourist gatherings in coordination with the administration of the environmental institution;

     7) professional and amateur photo and video shooting;

     8) conducting training practices;

     9) collection of herbarium, selection of soil samples for educational purposes, except for areas with a protected protection regime;

     10) other activities provided for in the passport of the protected area.

     On the territory of an environmental institution, depending on the type of protected area and the established legal protection regime, it is not allowed:

     1) being in a protected area without a supporting document confirming payment for the use of a protected area;

     2) exit and passage off public roads or special sightseeing trails and tourist routes, unpaved forest and field roads of protected areas;

     3) parking of vehicles and other mechanical means outside the designated places;

     4) parking and washing of vehicles and other mechanical means on the shores of reservoirs, washing dishes, washing clothes, bathing pets;

     5) the presence of motor yachts, speedboats, motorboats, scooters, and ATVs in reservoirs, with the exception of motor swimming vehicles used by the state Inspectorate for the protection of protected areas;

     6) making bonfires, installing barbecues, cooking fires outside specially installed and equipped places;

     7) the establishment of parking lots, the installation of tents outside the places established for these purposes;

     8) fishing with nets and other prohibited implements and means;

     9) removal of wild animals without appropriate permission;

     10) scaring and feeding wild animals;

     11) the destruction of nests, burrows, dens and anthills;

     12) cutting down, breaking and damaging trees and shrubs, harvesting twigs for brooms and brooms for household needs;

     13) destruction and damage of monuments of nature, history, culture and archeology;

     14) collection and excavation of wild woody, shrubby, herbaceous plants and medicinal raw materials outside the permitted collection sites;

     15) gathering wild fruits, mushrooms and berries outside specially designated areas;

     16) breaking and damage of visual propaganda tools (stands, panels, full houses, and others), forest management, forestry, and land management signs;

     17) the application of inscriptions and drawings on buildings, trees, stones and rocks;

     18) unauthorized grazing, haymaking, logging and other illegal forest management;

     19) clogging of the soil cover with household garbage and waste;

20) the use of noise and other acoustic effects on the environment, in accordance with the standards of noise and other acoustic effects of artificial origin, approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated October 7, 2015 No. 18-02/899 "On approval of standards of noise and other acoustic effects of artificial origin" (registered in the Register of State Registration of Regulatory Legal Acts No. 12387);

     21) other activities that violate the natural development and preservation of objects of the state nature reserve fund and natural complexes.

     The basis for visiting the territory of an environmental institution is that the visitor has a supporting document confirming payment for the use of protected areas for scientific, environmental, educational, tourist, recreational and limited economic purposes, in accordance with the tax legislation of the Republic of Kazakhstan.

     The document confirming the payment for the use of the protected area must be preserved until the end of the visitor's stay.

     Individuals who permanently reside in populated areas and (or) have summer cottages located within the boundaries of protected areas in accordance with the Tax Code of the Republic of Kazakhstan are not fee payers.

     In order to regulate the flow of visitors, depending on the permissible standards of recreational activity, the administration of the environmental institution maintains a Visitor Log (hereinafter referred to as the Log) in accordance with the annex to the Rules. The journal is numbered, laced and sealed with the seal of the environmental institution.

     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.  

     In accordance with Article 709 of the Administrative Code, cases of administrative offenses are considered and administrative penalties are imposed under Article 380 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 380 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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