Comment to article 392. Violation of flight rules or preparation for them of the Criminal Code of the Republic of Kazakhstan and the Criminal Code of the Republic of Kazakhstan
Violation of flight rules or preparations for them, as well as violation of the rules of operation of military aircraft, resulting in the death of a person or other serious consequences due to negligence, —
are punishable by imprisonment for a term of three to ten years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
The public danger of violating flight rules or preparing for them lies in the fact that it threatens the life and health of people, reduces the combat readiness and combat capability of the Air Force of the Republic of Kazakhstan, and the defense capability of the state.
Deviation from the established rules of flight, preparation for them, or other rules for the operation of military aircraft, both in the air and in space, can lead to serious consequences, accidents and catastrophes, accompanied by human casualties, causing major material damage to military and other departments, individual citizens, reducing the combat capability of units, units, and disrupting the implementation of combat missions, both in peacetime and in wartime.
The direct object of this crime is the procedure established in the Air Force of the Republic of Kazakhstan for the production of flights and preparation for them, as well as the operation of military aircraft.
The rules of flight and preparation for them, the rules of operation of military aircraft are established by the Air Code of the Republic of Kazakhstan, the Instructions for the production of aviation flights of the Armed Forces, the Instructions for the aviation engineering service, navigation service and others.
The objective side of the crime consists of three mandatory signs, which include violations of flight rules or preparations for them, as well as violations of the rules of operation of military aircraft; consequences in the form of human death or other serious consequences; the presence of a causal relationship between these violations and socially dangerous consequences.
The crime is considered completed from the moment of the death of a person or other grave consequences.
Other grave consequences should be understood as damage or loss of an aircraft, damage or destruction of buildings, structures, harm to the health of a large number of people, and the like.
The subjective side of the crime is characterized by a careless form of guilt in the form of arrogance or negligence.
With arrogance, the guilty person deliberately departs from the requirements of the rules that ensure flight safety, without sufficient reason, believing that he will be able to prevent the occurrence of these consequences.
In case of negligence, the perpetrator does not realize that his actions contradict the requirements of flight safety rules and therefore does not foresee the possibility of consequences, although he should have and could have foreseen them with proper attitude to the performance of his duties in military service.
The culprit must be aware of the rules that he must master.
The subject of the crime is a special one, i.e. a military man, whose duties include flight management, its execution or preparation.
The crime provided for in Article 392 of the Criminal Code of the Republic of Kazakhstan refers to crimes of moderate severity.
Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.
Date of amendment of the act: 08/02/2007 Date of adoption of the act: 08/02/2007 Place of acceptance: NO Authority that adopted the act: 180000000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 167 Status of the act: new Sphere of legal relations: 028000000000 Report form: COMM Legal force: 1900 Language of the Act: rus
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