Comment to article 393. Violation of the rules for conducting marine scientific research on the continental shelf of the Republic of Kazakhstan  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Violation of the rules for conducting marine scientific research provided for by a permit or international treaties of the Republic of Kazakhstan, which has created or could interfere with legitimate activities on the continental shelf of the Republic of Kazakhstan, or illegal modification of the program of marine scientific research on the continental shelf of the Republic of Kazakhstan –

     entails a fine for individuals in the amount of ten, for small businesses – in the amount of forty–five, for medium–sized businesses - in the amount of seventy-five, for large businesses - in the amount of one hundred monthly calculation indices.

     2. The action provided for in the first part of this article, committed repeatedly within a year after the imposition of an administrative penalty, –

     entails a fine for individuals in the amount of fifteen, for small businesses – in the amount of seventy, for medium–sized businesses – in the amount of one hundred and fifty, for large businesses - in the amount of two hundred monthly calculation indices.

     Part 1. The general object of the offense is the procedure for ensuring environmental protection.

     The generic object of the offense is the social and legal relations that arise when observing the rules for subsurface use on the continental shelf.  

     Paragraph 1 of Article 17 of the Code of the Republic of Kazakhstan dated December 27, 2017 No. 125-VI of the Air Defense System "On Subsoil and Subsurface Use" states that the right of subsurface use is an opportunity provided by this Code to use the subsoil on a paid basis within the allocated area for business purposes for a certain period of time.

     According to paragraph 1 of Article 16 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use", the space of the subsoil is a three-dimensional spatial property of the subsoil, which, taking into account geotechnical, geological, economic and environmental factors, can be used as an environment for the placement of industrial, scientific or other activities.

     In accordance with paragraphs 1 and 2 of Article 26 of the Code of the Republic of Kazakhstan "On Subsoil and Subsurface Use", restrictions on conducting subsurface use operations in specially protected natural territories and within subsurface areas of special ecological, scientific, historical, cultural and recreational value are established by the legislation of the Republic of Kazakhstan in the field of specially protected natural territories.

     In case of discovery of geological, geomorphological and hydrogeological objects representing, in accordance with the legislation of the Republic of Kazakhstan in the field of specially protected natural territories, special ecological, scientific, historical, cultural and recreational value, subsurface users are obliged to immediately stop work on the relevant site and notify the authorized body for the study of subsurface and the authorized body in the field of environmental protection in writing. Wednesday.

     The objective side of the offense is expressed in actions to violate the rules for conducting marine scientific research provided for by a permit or international treaties of the Republic of Kazakhstan, which created or could have interfered with legitimate activities on the continental shelf of the Republic of Kazakhstan, or an illegal change in the program of marine scientific research on the continental shelf of the Republic of Kazakhstan.  

     In accordance with paragraph 12) of Article 1 of the Law of the Republic of Kazakhstan dated February 18, 2011 No. 407-IV "On Science", "scientific research" means "applied, fundamental, strategic scientific research carried out by subjects of scientific and (or) scientific and technical activities within the framework of research, development and technological work, appropriate scientific methods and means in order to achieve the results of scientific and (or) scientific and technical activities."  

     In subparagraphs 15) and 17) of Article 3 of the Convention on the Legal Status of the Caspian Sea, signed in Aktau on August 12, 2018, ratified by the Law of the Republic of Kazakhstan dated February 8, 2019 No. 222-VI SAM, the activities of the Parties in the Caspian Sea will be based on the principles of:

     - to promote scientific research in the field of ecology, conservation and use of biological resources of the Caspian Sea;

     - conducting marine scientific research outside the territorial waters of each Party in accordance with the legal norms agreed upon by the Parties, while respecting the sovereign and exclusive rights of coastal States, as well as the rules established by them in this regard regarding certain types of research.

     According to Article 13 of the Convention on the Legal Status of the Caspian Sea, each Party, in exercising its sovereignty, has the exclusive right to regulate, authorize and conduct marine scientific research in its territorial waters. Vessels flying the flags of the Parties may conduct marine scientific research within the territorial waters of the other Party only with its written permission and under the conditions established by it.

     Each Party, in exercising its jurisdiction, has the exclusive right to regulate, authorize and conduct marine scientific research in its fishing zone related to aquatic biological resources and in its sector related to the exploration and development of seabed and subsurface resources. Vessels flying the flags of the Parties may conduct such research in the fishing zone and sector of the other Party only on the basis of its written permission and under the conditions established by it.

     The procedure and conditions for issuing permits are determined by each Party in accordance with its national legislation and duly communicated to the other Parties.

     There should be no undue delays or refusals when deciding whether to grant a permit for conducting marine scientific research in accordance with paragraphs 1, 2 of article 13 of the Convention.

     The marine scientific research activities referred to in this article shall not unduly interfere with the activities carried out by the Parties in the exercise of their sovereign and exclusive rights provided for in this Convention.

     The Party conducting marine scientific research shall ensure to the Party that has authorized the conduct of marine scientific research in accordance with paragraphs 1, 2 of Article 13 of the Convention the right to participate or be represented in such research, especially on board research vessels, whenever practicable, but without paying any remuneration to the scientists of the authorized Party and without obligations to participate in the payment of research expenses.

     A Party conducting marine scientific research in accordance with paragraphs 1, 2 of Article 13 of the Convention shall provide the Party that authorized such research with the results and conclusions after completion of the marine scientific research, as well as access to all data and samples obtained as part of such research.

     The Party has the right to demand the suspension or termination of any ongoing marine scientific research activities in its territorial waters.

     The Party that has authorized the conduct of marine scientific research carried out in accordance with paragraph 2 of this article has the right to request their suspension or termination in one of the following cases::

     a) the research activity is not conducted in accordance with the stated information on which it based its authorization;

     b) the research activity is conducted in violation of the conditions established by it;

     c) during the implementation of the research project, any of the provisions of this article were not complied with;

     d) such suspension or termination is essential to ensure its safety.

     Vessels flying the flags of the Parties have the right to conduct marine scientific research outside the territorial waters in compliance with paragraphs 2, 3 of Article 13 of the Convention. Bilateral and multilateral marine scientific research is conducted by agreement of the Parties concerned.

     The subjective side of this offense is expressed in the fact that it can be committed by an individual either intentionally or negligently.  

     The subjects of the offense being commented on are individuals, small businesses, medium-sized businesses, and large businesses.

     Part 2 of the commented article contains elements of the offense (object, objective side, subjective side, subject) provided for in Part 1 of Article 393 of the Administrative Code, with the exception of an additional feature – the commission of these actions repeatedly within a year after the imposition of an administrative penalty.  

     In accordance with Part 3 of Article 726 of the Administrative Code, the Border Guard Service of the National Security Committee of the Republic of Kazakhstan examines cases of administrative offenses under Article 393 (committed in the border area). Administrative Code.

     According to paragraphs 1) paragraph 1 of Article 797 of the Administrative Code, when committing violations specified in Article 393 of the Administrative Code, the authorized official specified in the second part of Article 797 of the Administrative Code has the right to detain, deliver and prohibit the operation of vehicles, vessels, including small vessels, by delivering them for temporary storage at special sites, parking lots or sites adjacent to a stationary transport control post, including those using another vehicle (tow truck), vessel, or small vessel, until the reasons for the detention are eliminated.  

In accordance with Part 2 of art . 797 of the Administrative Code, detention, delivery and prohibition of operation of a vehicle, vessel, including a small vessel, are carried out by employees of the internal affairs bodies, the Border Guard Service of the National Security Committee for the Protection and Protection of the State Border of the Republic of Kazakhstan, the military police when committing an administrative offense by a person driving a vehicle of the national security bodies, the Armed Forces of the Republic of Kazakhstan, and other troops and military formations of the Republic of Kazakhstan, transport control bodies within their powers, bodies of forestry and hunting, specially protected natural territories, fish protection (in case of violation of legislation in the field of forestry, fishing, hunting, specially protected natural territories), officials of state revenue bodies within their powers.

     The delivery (evacuation) of a vehicle for its temporary storage at special sites or parking lots may be carried out by local executive authorities.

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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