Comment to article 390. Violation of the procedure for issuing and using issued permits for the use of wildlife The Code of the Republic of Kazakhstan on Administrative Offences
1. Violation of the procedure for issuing permits for the use of wildlife –
entails a fine for officials in the amount of twenty-five monthly calculation indices.
2. Violation of the issued permits for the use of wildlife, expressed in the illegal removal of the sex and age composition (if indicated), the timing of the removal, the territory and boundaries of the site of the proposed removal, methods of removal (capture, shooting, collection) of wildlife from the habitat, if this action does not contain signs of a criminal offense, –
entails a fine for individuals in the amount of five, for small businesses – in the amount of twelve, for medium–sized businesses – in the amount of twenty, for large businesses - in the amount of fifty monthly calculation indices.
Part 1. The object of the offense being commented on is the established procedure for issuing permits for the use of wildlife.
The objective side of the offense is expressed in actions that violate the procedure for issuing permits for the use of wildlife.
Paragraphs 2-3 of the "Rules for issuing permits for the use of wildlife", approved by the Order of the Acting Minister of Agriculture of the Republic of Kazakhstan dated December 19, 2014 No. 18-04/675, states that permits for the use of wildlife are issued for the following types of special use of wildlife:
1) hunting;
2) fishing (commercial, amateur (sports), scientific research fishing, experimental fishing, reclamation fishing, fishing for reproductive purposes);
3) the use of animals for scientific, cultural, educational, educational and aesthetic purposes;
4) the use of animal species for reproductive purposes.
Permits are issued in accordance with approved limits and within established withdrawal quotas, with the exception of:
1) scientific and research fishing in reservoirs where previously the assessment of the state of wildlife has not been carried out;
2) reclamation fishing, carried out as an anti-fishing measure.
Section 2 of the "Rules for issuing permits for the use of wildlife" regulates the conditions and procedure for issuing permits. Permits for the use of wildlife, with the exception of scientific research fishing in fisheries reservoirs located on the territory of two or more regions, are issued by local executive bodies within the established limits and quotas for the removal of animals.
Permits for the use of wildlife for the purposes of scientific research fishing in fisheries reservoirs located in two or more regions are issued by the agency.
The application, depending on the type of use of the animal world, is submitted in electronic form through the e-government web portal (hereinafter referred to as the portal), or in paper form to the agency or local executive body in accordance with appendices 5 and 6 to these Rules.
The following documents are attached to the application:
1) payment document on payment for the use of wildlife;
2) a list of persons involved in the seizure of wildlife, with the exception of hunting, signed by the applicant.
Depending on the type of use of the animal world, in addition to the specified documents, the following documents are additionally attached to the application::
1) hunting (for initial treatment):
a hunting contract in the form of a form of information;
if the seizure of objects of the animal world is carried out with the participation of foreigners – copies of the contract of the hunting subject with foreigners for the organization of hunting;
2) for scientific research fishing:
copies of the scientific work justification approved by the academic council of the relevant scientific organization and the research program;
calculations justifying the estimated volume of seizures of wildlife;
report on the results of using previously granted permissions (in case of granted permissions);
3) fishing for reproductive purposes:
biological justification approved by the scientific council of the relevant scientific organization, except in cases of fishing for the purpose of fulfilling a state order for the reproduction of fish resources;
4) for experimental fishing:
biological justification approved by the scientific council of the relevant scientific organization;
5) for the use of animals for scientific, cultural, educational, educational and aesthetic purposes:
copies of extracts from the scientific and thematic plan approved by the academic council of the relevant scientific organization and the research program;
substantiating materials for the seizure of wildlife (biological justification with a positive conclusion of the state environmental assessment);
6) for the use of animal species for reproductive purposes:
substantiating materials for the seizure of wildlife (biological justification with a positive conclusion of the state environmental assessment).
When the applicant applies for a hard copy permit, the permit is issued in electronic form, printed and certified with the seal of the local executive body or department and the signature of the head of the local executive body or department.
Amateur (sport) fishing in the reserve fund of fisheries reservoirs and (or) sites with a withdrawal of up to five kilograms per angler per departure is carried out without any permits.
The Agency or local executive bodies consider the application and the documents attached to it and, within five working days from the date of registration of the application, issue permits or, in cases provided for in paragraph 1-2 of Article 26 of the Law of the Republic of Kazakhstan dated July 9, 2004 "On the Protection, Reproduction and Use of Wildlife", send a reasoned written refusal.
The agency or local executive bodies, within two working days from the date of receipt of the applicant's documents for the issuance of a permit, verify the completeness of the submitted documents.
If the applicant submits an incomplete set of documents, the agency or local executive authorities will send a reasoned written refusal to further consider the application within the specified time frame.
Permits in paper form are issued to the applicant or another person by proxy of the applicant against signature in the register of permits for the use of wildlife in accordance with Appendix 7 to these Rules.
In the case of submitting an application in electronic form through the state information system of permits and notifications, the registration of the application by the department or the local executive body is carried out within one working day (if the application is accepted after 6 p.m. or on Saturday, the deadline for the applicant begins on the next working day).
If, according to the terms of the fishing contract, fishing is carried out in several fisheries reservoirs and (or) sites, as well as several vessels, crews or units, the applicant prints a permit for each site, vessel, crew or unit through his "personal account".
Upon the expiration of the permit, within thirty calendar days, the applicant submits a report on the accounting of permits issued for the use of wildlife to the authority that issued the permit in accordance with Annex 8 to these Rules.
By the 10th day of each month, the local executive body provides summary information on the use of issued permits in the context of wildlife users by fisheries reservoirs and sites to the territorial division of the department of the authorized body.
Decisions of the department or local executive bodies on refusal to issue permits may be appealed to a higher authorized body or court in accordance with the procedure established by the laws of the Republic of Kazakhstan.
If the agency or local executive body has not issued a permit to the applicant within the time limits determined in accordance with these Rules or has not provided a reasoned refusal to issue it, then from the date of expiry of the time limits for their issuance, the permit is considered to have been issued and is simultaneously included by the agency or local executive body in the state electronic register of permits and notifications in accordance with the legislation in the field of permissions and notifications.
The subjective side of this offense is expressed in the fact that it can be committed by an individual either intentionally or negligently.
The subject of the commented offense is a special official.
Part 2. The object of the offense being commented on is the social and legal relations that arise in compliance with the issued permits for the use of wildlife.
Sub-paragraphs 46), 47) and 48) 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:
- "use of the animal world" – the use of objects of the animal world, their parts, derivatives and useful properties with or without removal from the habitat;
- "permission to use the animal world" is a document of a prescribed form that entitles individuals and legal entities to use the animal world, as well as to export and sell extracted objects of the animal world, their parts and derivatives, including hunting and fishing trophies;
- "users of the animal world" – individuals and legal entities who, in accordance with this Law, are granted the right to use the animal world.
The objective side of the act is characterized by a violation of the issued permits for the use of wildlife, expressed in the illegal removal of the sex and age composition (if indicated), the timing of the seizure, the territory and boundaries of the site of the alleged seizure, methods of removal (capture, shooting, collection) of wildlife from the habitat, if this action does not contain signs of a criminal offense.
The appendix to the "Rules for issuing permits for the use of wildlife" contains the following forms::
- permits for the use of wildlife (commercial fishing, amateur (sports) fishing, scientific research fishing, experimental fishing, reclamation fishing, fishing for reproductive purposes),
- permits for the use of animals for scientific, cultural, educational, educational and aesthetic purposes;
- permits for the use of wildlife for reproductive purposes.
The subjective side of this offense is expressed in the fact that it can be committed by an individual either intentionally or negligently.
The subject of the commented offense is a special one – a person who has received permission to use the animal world, i.e. an individual, a small business entity, a medium-sized business entity, a large business entity.
In accordance with Part 1 of Article 709 of the Administrative Code, authorized bodies in the field of forestry, fishing and hunting consider cases of administrative offenses provided for in Article 390 of the Administrative Code.
According to paragraphs 1) of Part 2 of Article 709 of the Administrative Code, officials of authorized bodies in the field of forestry, fisheries and hunting of the Republic of Kazakhstan and their territorial bodies have the right to consider cases of administrative offenses and impose administrative penalties on behalf of bodies in the field of forestry, fisheries and hunting on behalf of bodies in the field of forestry, fisheries and hunting.
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
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
