Comment to article 394. Violation of the rules for the disposal of waste and other materials, as well as the rules for conservation and dismantling on the continental shelf of the Republic of Kazakhstan  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Violation of the rules of burial of ships and other floating vehicles, aircraft, artificial islands, installations and structures, waste and other materials, as well as the rules of conservation and dismantling provided for by international treaties ratified by the Republic of Kazakhstan, which can lead to damage to mineral deposits, harm human life or health, damage biological resources, marine flora and fauna, or interfere with other legitimate activities on the continental shelf of the Republic of Kazakhstan, –

     entails a fine for individuals in the amount of five, 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 ten, for small businesses – in the amount of ninety, for medium–sized businesses – in the amount of one hundred monthly calculation indices, for large businesses - in the amount of the amount of damage caused to the environment.

     Part 1. The object of the administrative offense being commented on is the established procedure for the disposal of ships and other floating assets, aircraft, artificial islands, installations and structures, waste and other materials, as well as the rules for conservation and dismantling provided for in international treaties ratified by the Republic of Kazakhstan, which can lead to damage to mineral deposits, harm human life or health., damage biological resources, marine flora and fauna or interfere with other legitimate activities on the continental shelf of the Republic of Kazakhstan.

     Thus, Article 1 of the Framework Convention for the Protection of the Marine Environment of the Caspian Sea, signed in Tehran on November 4, 2003, approved by the Law of the Republic of Kazakhstan dated December 13, 2005 No. 97, defines that "Dumping" is "the deliberate disposal of waste or other materials from ships, aircraft, platforms into the marine environment." or other artificially constructed structures in the Caspian Sea, or the deliberate burial of ships, aircraft, platforms or other artificially constructed structures in the Caspian Sea."

     According to Article 10 of the Framework Convention for the Protection of the Marine Environment of the Caspian Sea, the Contracting Parties shall take all necessary measures to prevent, reduce and control pollution of the Caspian Sea caused by dumping from ships flying their flags and from aircraft registered in their territories.

     The Contracting Parties shall cooperate in the development of protocols to this Convention prescribing agreed measures, procedures and standards to achieve this result.

     The provisions of paragraphs 1 and 2 of article 10 of the Convention do not apply when a ship or aircraft at sea is in danger of total destruction or total loss, or in any case when there is a threat to human life and marine organisms, if dumping is the only way to prevent such a threat, and if there is every reason to believe that the damage The damage caused by the reset will be less than what would have been caused otherwise.  

     Such dumping is carried out in such a way as to minimize the possible threat to human and marine life or to interfere with the legitimate use of the sea in accordance with applicable international, including regional, legal instruments. The Contracting Parties shall be notified of the discharge.

     In paragraph 5) paragraph 2 of the "Rules for the creation, placement and operation of offshore facilities used in the exploration and (or) production of hydrocarbons at sea and inland waters", approved by the Order of the Minister of Energy of the Republic of Kazakhstan dated April 28, 2018 No. 151, "marine facilities" means "artificial islands, dams, structures installations, pipelines and other facilities used in the exploration and (or) production of hydrocarbons at sea."  

     In accordance with paragraphs 38-39 of the "Rules for the Creation, placement and Operation of offshore facilities used in the exploration and (or) production of hydrocarbons at sea and inland waters" after the completion of the operation of offshore facilities during exploration and (or) production of hydrocarbons at sea and inland waters, such facilities, if they cannot be If they are subsequently used for economic or other purposes, they must be dismantled in such a way that they do not endanger the safety of people and the environment and do not interfere with navigation or fishing.

     Dismantled marine facilities should also not harm fish resources and other aquatic animals. Conservation and (or) liquidation of offshore facilities, with the exception of floating equipment and facilities specified in paragraph 35 of these Rules, shall be carried out in accordance with the legislation of the Republic of Kazakhstan on subsoil and subsoil use. In P. 35 of the Rules state that marine vessels, including floating drilling rigs designed for oil and gas exploration and production, are built and operated in accordance with the requirements of maritime safety during inspection and technical supervision by one of the classification societies recognized by the Government of the Republic of Kazakhstan.

     According to paragraphs 1 to 3 of Article 128 of the Code of the Republic of Kazakhstan dated December 27, 2017 No. 125-VI SAM "On Subsoil and Subsurface Use", at any time before the expiration of the period of exploration or production of hydrocarbons, the subsurface user has the right to conserve or liquidate certain technological facilities used in conducting subsurface use operations, including structures, equipment, wells and other property.

     At the same time, during the production period under the contract for exploration and production or production of hydrocarbons, the subsurface user is obliged to liquidate wells that are subject to liquidation for technical and (or) geological reasons and cannot be used for other purposes in accordance with the field development project.

     Technological facilities are liquidated or preserved in accordance with the project of liquidation or conservation of technological facilities approved by the subsurface user and having received positive conclusions provided for by this Code and other laws of the Republic of Kazakhstan, with the exception of certain categories of wells provided for in the rules of conservation and liquidation during exploration and production of hydrocarbons, approved by the authorized body in the field of hydrocarbons, the liquidation or conservation of which It is carried out in accordance with the liquidation and conservation plan.

     The requirements for the conservation or liquidation of technological facilities are established in the rules of conservation and liquidation during the exploration and production of hydrocarbons, approved by the authorized body in the field of hydrocarbons.

     In paragraph 6) of Article 2 of the Law of the Republic of Kazakhstan dated January 16, 2013 No. 70-V "On the State Border of the Republic of Kazakhstan", the "continental shelf of the Republic of Kazakhstan" means "a section of the seabed and subsoil measured from the State Border (the outer limit of territorial waters (seas) to the limits established by international treaties ratified by By the Republic of Kazakhstan".  

     The objective side of the offense is manifested in actions that violate the rules for the disposal of ships and other floating vehicles, aircraft, artificial islands, installations and structures, waste and other materials, as well as the rules for conservation and dismantling provided for by international treaties ratified by the Republic of Kazakhstan, which can lead to damage to mineral deposits, harm life or health. people, damage biological resources, marine flora and fauna or interfere with other legitimate activities on the continental shelf of the Republic of Kazakhstan.  

     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 394 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 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 394 (part one). Administrative Code.

     According to paragraphs 1) of Part 2 of Article 394 of the Administrative Code, it is entitled to consider cases of administrative offenses and impose administrative penalties on behalf of bodies in the field of forestry, fishing and hunting for administrative offenses provided for in Article 394 (part one) Administrative Code, – officials of authorized bodies in the field of forestry, fishing and hunting of the Republic of Kazakhstan and their territorial bodies.  

     Part 3 of Article 726 of the Administrative Code states that the Border Guard Service of the National Security Committee of the Republic of Kazakhstan considers cases of administrative offenses under Article 394 of the Administrative Code.

In accordance with subclause 1) of Part 1 of Article 797 of the Administrative Code, when committing violations specified in Article 394 of the Administrative Code, the authorized official specified in part two of this Article has the right to detain, deliver and prohibit the operation of vehicles, vessels, including small vessels, by delivering them for temporary storage to special sites. parking lots or sites adjacent to a stationary transport control post, including using another vehicle (tow truck), vessel or small vessel, until the reasons for the detention are eliminated.  

     According to paragraphs 2) of Part 3 of Article 804 of the Administrative Code in cases of administrative offenses, the consideration of which falls under the jurisdiction of the bodies specified in Articles 685-735 of the Administrative Code, authorized officials of these bodies have the right to draw up protocols on offenses. 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 394 (parts one and two).

     In Part 8 of Article 806 of the Administrative Code, in cases where administrative offenses under Article 394 (Part two) of the Administrative Code require the establishment of the amount of damage to the environment, a protocol on an administrative offense is drawn up within 24 hours from the moment the amount of damage to the environment is established.

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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