Comment to article 406. Violation of the legislation of the Republic of Kazakhstan in the field of veterinary medicine The Code of the Republic of Kazakhstan on Administrative Offences

Home / Codes / Comment to article 406. Violation of the legislation of the Republic of Kazakhstan in the field of veterinary medicine The Code of the Republic of Kazakhstan on Administrative Offences

1. Violation of the legislation of the Republic of Kazakhstan in the field of veterinary medicine, committed in the form of:

1) non-compliance with the conditions and requirements of quarantine and restrictive measures;

2) non-compliance with veterinary (veterinary and sanitary) rules, requirements and veterinary regulations:

during the placement, construction, reconstruction and commissioning of state veterinary and sanitary control and supervision facilities related to the maintenance, breeding, use, production, harvesting (slaughter), storage, processing and sale of movable (transported) objects controlled by the state veterinary and sanitary control and supervision;

when keeping, breeding, and using animals, including animals in zoos, circuses, apiaries, and aquariums;

when carrying out activities at domestic trade facilities; at production facilities engaged in animal husbandry, harvesting (slaughter), storage, processing and sale of animals, products and raw materials of animal origin; in organizations for the production, storage and sale of veterinary drugs, feed and feed additives;

during transportation (movement) of objects under the control of the state veterinary and sanitary control and supervision of objects being moved (transported) on the territory of the Republic of Kazakhstan;

3) non-compliance with the requirements of regulatory legal acts on the protection of the territory of the Republic of Kazakhstan from the introduction and spread of infectious and exotic animal diseases from other states;

4) non-compliance with the conditions and requirements of the slaughter of farm animals intended for subsequent sale;

5) carrying out the production, import (import), sale and application (use) of veterinary drugs and feed additives without their state registration, except in cases of production, import (import) in the amounts necessary for their registration tests, – entails a fine on individuals in the amount of twenty, on officials, subjects of small businesses or non–profit organizations – in the amount of fifty, for medium-sized businesses - in the amount of one hundred, for large businesses – in the amount of two hundred monthly calculation indices.

2. The actions (inaction) provided for in part one of this article, committed repeatedly within a year after the imposition of an administrative penalty, shall entail a fine of forty on individuals, one hundred on officials, small business entities or non–profit organizations, two hundred on medium–sized businesses, and two hundred on large businesses. in the amount of four hundred monthly calculation indices.

3. Failure to conduct or improperly conduct veterinary measures, as well as violation of the deadlines for their conduct, shall entail a fine for individuals in the amount of twenty–five, for officials, small business entities or non–profit organizations – in the amount of one hundred and twenty–five, for medium-sized businesses - in the amount of two hundred and fifty, for large businesses - in the amount of five hundred monthly calculation indices.

4. The actions (inaction) provided for in part three of this article, committed repeatedly within a year after the imposition of an administrative penalty, shall entail a fine of fifty on individuals, two hundred and fifty on officials, small business entities or non–profit organizations, five hundred on medium–sized businesses, and five hundred on large businesses. – in the amount of one thousand monthly calculation indices.

5. Failure to identify farm animals–

entails a fine for officials in the amount of twenty-five monthly calculation indices.

6. An action (inaction) provided for in part five of this article, committed repeatedly within a year after the imposition of an administrative penalty, shall entail a fine on officials in the amount of fifty monthly calculation indices.

7. Failure by local executive bodies to perform the functions assigned to them by the legislation of the Republic of Kazakhstan in the field of veterinary medicine entails a warning to officials of local executive bodies.

8. An action (inaction) provided for in part seven of this Article, committed repeatedly within a year after the imposition of an administrative penalty, shall entail a fine on officials of local executive bodies in the amount of one hundred monthly calculation indices.

9. Failure to inform the departments of local executive bodies engaged in activities in the field of veterinary medicine, state veterinary organizations established by local executive bodies, state veterinary and sanitary control and supervision bodies about:

1) the newly acquired animal(s), the offspring obtained, its slaughter and sale;

2) in cases of death, simultaneous illness of several animals or their unusual behavior, and before the arrival of veterinary specialists, state veterinary and sanitary inspectors, failure to take measures to isolate animals in case of suspected illness - entails a warning or fine for individuals in the amount of five, for small businesses or non–profit organizations – a fine in the amount of in the amount of twenty–five, for medium-sized businesses - in the amount of fifty, for large businesses – in the amount of one hundred monthly calculation indices.

10. The action (inaction) provided for in part nine of this article, committed repeatedly within a year after the imposition of an administrative penalty, entails a fine on individuals in the amount of thirty, on small businesses or non–profit organizations in the amount of fifty, on medium–sized businesses in the amount of one hundred, on large businesses in the amount of two hundred monthly calculated indicators.

11. Violation of the procedure for issuing veterinary documents and requirements for their forms –

entails a fine for officials, small business entities – in the amount of twenty–five, for medium–sized businesses - in the amount of fifty, for large business entities - in the amount of one hundred monthly calculation indices.

12. The action (inaction) provided for in part eleven of this article, committed repeatedly within a year after the imposition of an administrative penalty, –

entails a fine for officials, small business entities – in the amount of fifty, for medium–sized businesses – in the amount of one hundred, for large business entities - in the amount of two hundred monthly calculation indices.

13. Failure to provide assistance to specialists in the field of veterinary medicine in the performance of their official duties in carrying out veterinary measures – entails a fine for individuals in the amount of five, for officials, small businesses or non–profit organizations – in the amount of twenty–five, for medium-sized businesses - in the amount of fifty, for large businesses - in the amount of one hundred monthly calculation indicators.

14. Violation of the rules of quarantine of animals – entails a fine for individuals in the amount of five, for officials, for small businesses or non–profit organizations – in the amount of twenty–five, for medium-sized businesses - in the amount of fifty, for large businesses - in the amount of one hundred monthly calculation indices.

15. Violation of regulatory legal acts on combating epizootics, as well as other regulatory legal acts in the field of veterinary medicine, which did not lead to the spread of epizootics or other serious consequences, entails a fine of ten for individuals, twenty–five for officials, small businesses or non-profit organizations, and twenty-five for medium–sized businesses. in the amount of fifty, for large business entities – in the amount of one hundred monthly calculation indices.

16. The actions (inaction) provided for in parts thirteen, fourteenth and fifteenth of this article, committed repeatedly within a year after the imposition of an administrative penalty, shall entail a fine of twenty on individuals, fifty on officials, small business entities or non–profit organizations, one hundred on medium–sized businesses, large business – in the amount of two hundred monthly calculation indices

Part 1. The object of the commented offense is the socio-legal relations that arise in the process of complying with the legislation of the Republic of Kazakhstan in the field of veterinary medicine.

The objective side of the offense is expressed in actions that violate the legislation of the Republic of Kazakhstan in the field of veterinary medicine, committed in the form of:

1) non-compliance with the conditions and requirements of quarantine and restrictive measures;

2) non-compliance with veterinary (veterinary and sanitary) rules, requirements and veterinary regulations:

when keeping, breeding, and using animals, including animals in zoos, circuses, apiaries, and aquariums;

4) non-compliance with the conditions and requirements of the slaughter of farm animals intended for subsequent sale;

5) the production, import (import), sale and application (use) of veterinary drugs, feed additives without their state registration, except in cases of production, import (import) in the quantities necessary for their registration tests.

1) Non-compliance with the conditions and requirements of quarantine and restrictive measures

In paragraph 36) of Article 1 of the Law of the Republic of Kazakhstan dated July 10, 2002 No. 339 "On Veterinary Medicine", "quarantine" is understood as "a legal regime providing for a system of veterinary and administrative measures aimed at limiting or terminating economic relations and suspending the transportation (movement) of relocated (transported) objects between an epizootic outbreak, an unfavorable point and territory of veterinary and sanitary welfare in order to eliminate the epizootic outbreak and prevent the spread of the disease."

In accordance with paragraph 2 of Article 27 of the Law of the Republic of Kazakhstan "On Veterinary Medicine", the lists of infectious animal diseases for which restrictive measures or quarantine are established are approved by the authorized body.

The Order of the Minister of Agriculture of the Republic of Kazakhstan dated March 28, 2012 No. 18-03/128 approved the "List of infectious animal diseases for which restrictive measures or quarantine are established".

The contagious animal diseases in which quarantine is established include:

- diseases common to different animal species: anthrax, foot-and-mouth disease, smallpox (except smallpox of cows, horses, pigs), Aujesky's disease, rickettsiosis and exotic diseases;

- ruminant diseases: bovine distemper, contagious bovine pleuropneumonia, emphysematous carbuncle, nodular dermatitis of cattle, spongiform encephalopathy of cattle, camel plague, infectious pleuropneumonia of goats, infectious catarrhal fever of sheep (bluetongue), slow infections of sheep (scrapie, visna maedi, adenomatosis), plague of small ruminants;

- diseases of horses: glanders, epizootic lymphangitis, influenza, African equine plague, infectious encephalomyelitis, infectious anemia;

- diseases of pigs: classical plague, African plague, influenza, vesicular disease, porcine enzootic encephalomyelitis (Teschen's disease);

- bird diseases: avian smallpox, influenza, Newcastle disease, duckling viral hepatitis, respiratory mycoplasmosis;

- diseases of fur-bearing animals and rabbits: plague of carnivores, rabbit myxomatosis;

- fish diseases: spring viral disease, aeromonosis;

- diseases of bees: American rot, European rot, baggy brood.

To contagious animal diseases, in which restrictive measures are established. They include:

- diseases common to different animal species: rabies, leptospirosis, listeriosis, pasteurellosis, necrobacteriosis, dermatomycosis (trichophytia, microsporia, scab) malignant edema, vesicular stomatitis, leukemia, hoof rot, brucellosis, tuberculosis, smallpox (except smallpox of sheep, goats, camels, birds);

- diseases of ruminants: paratuberculosis, campylobacteriosis, infectious rhinotracheitis, viral diarrhea of cattle, infectious enterotoxemia of sheep, bradzot, bovine parainfluenza, infectious agalactia of sheep and goats, contagious ecthyma, infectious epididymitis, chlamydial abortion of sheep, malignant catarrhal fever, infectious mastitis of sheep;

- diseases of pigs: enzootic pneumonia, influenza, infectious atrophic rhinitis, dysentery, viral gastroenteritis, hemiphilic diseases, erysipelas;

- diseases of horses: myt, rhinopneumonia;

- diseases of birds: infectious laryngotracheitis, infectious bronchitis, viral sinusitis of ducklings, influenza, Marek's disease, respiratory mycoplasmosis, infectious bursitis, salmonellosis of birds, ornithosis;

- diseases of fur-bearing animals and rabbits: Aleutian mink disease, infectious hepatitis, infectious stomatitis, infectious rhinitis;

- fish diseases: smallpox of carp, hemorrhagic septicemia of carp;

- diseases of bees: gafniosis, varroatosis, ascopherosis.

2) Non-compliance with veterinary (veterinary and sanitary) rules, requirements and veterinary regulations

According to subclause 5). 18 "Veterinary (veterinary and sanitary) Rules", approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated June 29, 2015 No. 7-1/587, individuals and legal entities for the prevention of animal diseases, including diseases common to animals and humans, ensure "compliance with zoohygienic and veterinary (veterinary and sanitary) requirements during placement, construction, reconstruction and commissioning of state veterinary and sanitary control and supervision facilities related to maintenance, breeding, use, production, harvesting (slaughter), storage, processing and sale, as well as during transportation (movement) of objects being moved (transported)".

For example, according to paragraph 11 of the "Veterinary (veterinary and sanitary) requirements for production facilities engaged in the cultivation and sale of animals", approved by the Order of the Acting Minister of Agriculture of the Republic of Kazakhstan dated May 29, 2015 No. 7-1/498, livestock facilities for animals include the following facilities:

1) buildings for keeping animals (young and adult livestock);

2) pens for organizing animal walks, having canopies, feeders, drinkers, splits, ladles and scales;

3) a storage area for manure and slurry, fenced and fenced around the perimeter, with one entrance and exit.

Paragraph 3 of the Sanitary Rules "Sanitary and epidemiological requirements for the establishment of a sanitary protection zone of production facilities", approved by the Order of the Minister of National Economy of the Republic of Kazakhstan dated March 20, 2015 No. 237, stipulates that sanitary and epidemiological requirements for the establishment of SPZ production facilities include:

1) requirements for the establishment of the sizes of sanitary protection zones (SPZ) and sanitary gaps (SR);

2) requirements for the design of SPZ and SR;

3) requirements for the regime of the territory and landscaping of the SZZ and SR.

When qualifying an act on the grounds of Part 1 of Article 406 of the Administrative Code, it must be borne in mind that the requirements for the placement, construction, reconstruction and commissioning of facilities of state veterinary and sanitary control and supervision related to the maintenance, breeding, use, production, harvesting (slaughter), storage, processing and sale controlled by the state veterinary and sanitary The control and supervision of the objects being moved (transported) is quite extensive.

Thus, in paragraph 47 of the "Veterinary (veterinary and sanitary) requirements for production facilities engaged in the cultivation and sale of animals", approved by the order of the Acting Minister of Agriculture of the Republic of Kazakhstan dated May 29, 2015 No. 7-1/498, it is stated that the quarantine building is combined with premises of the same period of rearing of young animals, the size of which is determined in accordance with with a cyclogram of the intake and movement of livestock, which includes:

1) department for reception and veterinary and sanitary treatment of young animals (except poultry farms);

2) outpatient clinic, consisting of a room for a veterinary specialist;

3) veterinary pharmacy;

4) storage for disinfectants and detergents;

5) inhaler;

6) autopsy room;

7) premises for processing animals (except poultry farms);

8) storage pens for animals before and after processing (except poultry farms);

9) splits and fixation machines for veterinary animal treatments (except poultry farms);

10) utility rooms;

11) hospital for the treatment of animals with non-communicable diseases (except poultry farms);

12) disinfection unit;

13) a point for disinfection of egg containers (for poultry farms).

Actions for non-compliance with veterinary (veterinary and sanitary) rules, requirements and veterinary regulations in the maintenance, breeding and use of animals, including animals in zoos, circuses, apiaries, and aquariums are also quite diverse.

For example, paragraph 546 of the "Veterinary (veterinary and sanitary) Rules", approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated June 29, 2015 No. 7-1/587, stipulates that the following measures are carried out to prevent dicroceliosis:

1) for the purpose of epizootological assessment, annually in the spring and summer period, animals are selectively examined by coprooscopic methods for dicroceliosis, pastures for the presence and density of their population by terrestrial mollusks and ants to determine their infection with dicrocelia larvae, when the disease is detected, a general coprooscopic examination and deworming of sick animals are carried out.;

2) grazing animals in open dry areas and provide drinking water from clean water sources, ensure timely change of pastures, taking into account the development of the pathogen in the external environment.

Actions for non-compliance with veterinary (veterinary and sanitary) rules, requirements and veterinary regulations when carrying out activities at domestic trade facilities; at production facilities engaged in animal husbandry, harvesting (slaughter), storage, processing and sale of animals, products and raw materials of animal origin; in organizations for the production, storage and sale of veterinary drugs, feeds and feed additives are also diverse.

Thus, according to paragraph 33 of the "Veterinary (Veterinary and Sanitary) Rules", approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated June 29, 2015 No. 7-1/587, the state veterinary and sanitary control and supervision at domestic trade facilities includes:

1) verification of the conformity of the moved (transported) objects with the accompanying veterinary documents;

2) veterinary inspection of animals, products and raw materials of animal origin;

3) verification of compliance with the requirements of legislation in the field of veterinary medicine by individuals and legal entities;

4) seizure and destruction of animals, products and raw materials of animal origin that pose a particular danger to animal and human health, in accordance with the legislation of the Republic of Kazakhstan;

5) organization of neutralization (disinfection), processing of transported (transported) objects that do not comply with the requirements of legislation in the field of veterinary medicine.

According to paragraph 35 of the Veterinary (veterinary and Sanitary) Rules, the sale of products and raw materials of animal origin without conducting a veterinary and sanitary examination is not allowed.

Actions for non-compliance with veterinary (veterinary and sanitary) rules, requirements and veterinary standards during transportation (movement) of objects under the control of the state veterinary and sanitary control and supervision of objects being moved (transported) on the territory of the Republic of Kazakhstan have a different nature and require reference to various regulatory legal acts.

For example, paragraph 113 of the "Veterinary (veterinary and sanitary) requirements for production facilities engaged in the cultivation and sale of animals", approved by the order of the Acting Minister of Agriculture of the Republic of Kazakhstan dated May 29, 2015 No. 7-1/498, stipulates that "the floor of the body of vehicles is equipped with waterproof and easy to clean from contamination during washing." and disinfection of the material. Before loading the calves, the floor of the body is lined with straw or other bedding that prevents the animals from sliding and injuring themselves. Sawdust is used as bedding mixed with straw. In order to avoid injury to animals during transportation, it is necessary to remove protruding bolts and other sharp objects inside the vehicle body."

3) Non-compliance with the requirements of regulatory legal acts on the protection of the territory of the Republic of Kazakhstan from the introduction and spread of infectious and exotic animal diseases from other states

In paragraph 4) of Article 3 of the Law of the Republic of Kazakhstan "On Veterinary Medicine", one of the main tasks in the field of veterinary medicine is "to protect the territory of the Republic of Kazakhstan from the introduction and spread of infectious and exotic animal diseases from other states."

In accordance with paragraphs 1-5 of Article 20 of the Law of the Republic of Kazakhstan "On Veterinary Medicine", objects being moved (transported) across the State Border of the Republic of Kazakhstan, which coincides with the customs border of the Eurasian Economic Union, are subject to mandatory state veterinary and sanitary control and supervision.

Import and transit of transported (transported) objects from other epizootically safe countries is allowed on the territory of the Republic of Kazakhstan, in compliance with veterinary (veterinary and sanitary) rules established by the authorized body. The import, export and transit of the objects being moved (transported) are carried out in accordance with the assessment of the epizootic situation of the respective territories.

To carry out state veterinary and sanitary control and supervision in order to prevent the introduction and spread of infectious and exotic animal diseases into the territory of the Republic of Kazakhstan from other states by the authorized body at border and customs points, as well as at other places of movement of goods across the customs border of the Eurasian Economic Union located on the territory of the Republic of Kazakhstan within the limits of automobile communication, (checkpoints across the State border of the Republic of Kazakhstan, coinciding with the customs border of the Eurasian Economic Union, with the exception of automobile checkpoints) veterinary control posts are organized in accordance with the procedure established by the authorized body.

Vehicles entering the territory of the Republic of Kazakhstan from the border territory of neighboring states where an outbreak of particularly dangerous animal diseases has been registered are subject to mandatory disinfection for the period and in accordance with the procedure established by the legislation of the Republic of Kazakhstan in the field of veterinary medicine.

For example, in Chapter 40 "Veterinary requirements for the importation into the customs territory of the Eurasian Economic Union and (or) movement between member States of zoo and circus animals" of the Decision of the Commission of the Customs Union dated June 18, 2010 No. 317 "On the application of veterinary and sanitary measures in the Customs Union" it is stated that animals 1 time per year vaccinate:

- all carnivores – against rabies;

- dogs, foxes, arctic foxes, wolves, jackals – against carnivorous plague, viral enteritis, hepatitis, leptospirosis;

- minks, ferrets – against viral enteritis, plague of carnivores;

- nutria – against pasteurellosis;

- feline – against rabies, panleukopenia, calicivirus and viral rhinotracheitis;

- rodents (rabbits) – against myxomatosis and viral hemorrhagic disease;

- birds (of the chicken order) – against Newcastle disease.

If the animals have not been vaccinated in the last 12 months, the vaccination must be carried out no later than 20 days before shipment.

4) Non-compliance with the conditions and requirements of the slaughter of farm animals intended for subsequent sale

Paragraphs 1222-1225 of the "Veterinary (Veterinary and Sanitary) Rules", approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated June 29, 2015 No. 7-1/587, stipulates that the category of slaughtered animals includes: cattle (including yaks and buffaloes), pigs, sheep, goats, deer, rabbits, horses, donkeys, mules, camels, poultry of all kinds. Healthy farm animals are allowed to be slaughtered for meat.

It is not allowed to slaughter animals for meat:

1) patients and suspected patients with diseases included in the list of particularly dangerous animal diseases, in which mandatory removal and destruction of animals, products and raw materials of animal origin that pose a danger to animal and human health is carried out, approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan "On approval of regulatory legal acts in the field of veterinary medicine" dated October 30, 2014 No. 7-1/559, as well as tetanus, botulism bradzot, enterotoxemia of sheep, catarrhal fever of cattle and sheep;

2) animals in a state of agony;

3) vaccinated with vaccines, as well as treated against anthrax within 14 (fourteen) calendar days after vaccinations (treatment), vaccinated with inactivated foot-and-mouth disease vaccine within 21 (twenty-one) calendar days, as well as animals that were treated with antibiotics for therapeutic and preventive purposes;

4) horses that have not been malleinated for sap;

5) animals younger than 14 (fourteen) calendar days, clinically ill animals, animals with an unspecified diagnosis of the disease; patients with non-communicable diseases, having elevated or decreased body temperature;

6) without conducting a pre-slaughter inspection;

7) not corresponding to the values of the minimum permissible levels (MDR) in meat and the timing of slaughter of animals treated with veterinary drugs.

Animals are also subjected to veterinary inspection when they are sold live at domestic trade facilities where animals and poultry are traded.

5) The production, import (import), sale and application (use) of veterinary drugs, feed additives without their state registration, except in cases of production, import (import) in the quantities necessary for their registration tests

In accordance with paragraph 7 of the "Veterinary (veterinary and sanitary) requirements for organizations for the production, storage and sale of veterinary drugs, feed and feed additives", approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated September 23, 2015 No. 7-1/848, organizations must have:

1) during commissioning, as well as the installation of technological equipment or lines and/or the release of new types of feed and feed additives - veterinary and sanitary conclusion;

2) sanitary and epidemiological conclusion (hereinafter referred to as Sanitary and epidemiological conclusion) issued in accordance with the Order of the Minister of National Economy of the Republic of Kazakhstan dated May 30, 2015 No. 415 "On approval of accounting records in the field of sanitary and epidemiological welfare of the population" (registered in the Register of State Registration of Regulatory Legal Acts No. 11626);

3) production facilities and a complete set of technological equipment corresponding to the profile and volume of production;

4) state registration for veterinary drugs, feed and feed additives conducted by the department of the authorized body in the field of veterinary medicine, in accordance with the Order of the Minister of Agriculture of the Republic of Kazakhstan dated January 23, 2015 No. 7-1/31 "On approval of the Rules for State registration of veterinary drugs, feed additives" (registered in the Register of State Registration of Regulatory Legal Acts No. 10505);

5) confirmation of the assignment of an accounting number to production facilities engaged in animal husbandry, harvesting (slaughter), storage, processing and sale of animals, products and raw materials of animal origin, as well as organizations for the production, storage and sale of veterinary drugs, feed and feed additives, issued by a subdivision of local executive bodies;

6) an accreditation certificate of the manufacturer's production control unit, issued by the accreditation body, certifying the competence of the accredited entities to perform work in a specific area of conformity assessment.

According to paragraph 5 of the "Rules for state registration of veterinary drugs and feed additives", approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated January 23, 2015 No. 7-1/31, the state registration of veterinary drugs and feed additives is carried out by the Agency:

if there is an agreed regulatory and technical documentation in accordance with the Rules for Approving Regulatory and technical Documentation for new, improved veterinary drugs and feed additives approved by Order of the Minister of Agriculture of the Republic of Kazakhstan dated November 28, 2014 No. 7-1/625 (registered in the Register of State Registration of Regulatory Legal Acts No. 10298);

according to the results of the approbation conducted in accordance with the Rules for the approbation of veterinary drugs and feed additives, approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated November 24, 2014 No. 7-1/611 (registered in the Register of State Registration of Regulatory Legal Acts No. 10287) or according to the results of registration tests of veterinary drugs, feed additives conducted by the state veterinary organization, established in accordance with subparagraph 3) paragraph 1 of Article 11 of the Law.

The subjective side of the offense is characterized by the fact that the act can be committed both in the form of intent and negligence.

The subject of a special offense is individuals, officials, small business entities or non-profit organizations, 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 the first part of Article 406 of the Administrative Code, with the exception of an additional feature – the commission of an act repeatedly within a year after the imposition of an administrative penalty.

Part 3. The object of the commented offense is the established procedure and timing of veterinary measures.

The objective side of the offense is expressed in actions (inaction) for the failure or improper conduct of veterinary measures, as well as violation of the deadlines for their implementation.

According to subclause 1) of clause 1 of Article 26 of the Law of the Republic of Kazakhstan "On Veterinary Medicine", veterinary measures are divided into:

1) measures carried out on the territory of veterinary and sanitary welfare in order to prevent the occurrence of diseases and food poisoning of animals, including diseases common to animals and humans, to ensure compliance of animal husbandry, products and raw materials of animal origin, veterinary drugs, feed and feed additives with the requirements of the legislation of the Republic of Kazakhstan in the field of veterinary medicine;

2) measures carried out in an epizootic outbreak and an unfavorable point, including a monitoring zone, a buffer zone in order to eliminate and prevent the spread of particularly dangerous and enzootic animal diseases, including restrictive measures or quarantine.

In accordance with paragraph 38 of the "Veterinary (Veterinary and sanitary) Rules", approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated June 29, 2015 No. 7-1/587, veterinary measures are divided into:

Acts of violation of the order and timing of veterinary measures are quite diverse.

For example, according to paragraphs 79-80 of the "Veterinary (veterinary and sanitary) Rules", preventive ringworm prevention measures are carried out in the summer. Manure is disinfected, followed by preventive disinfection of livestock facilities.

Before transferring the animals to the stable, a clinical examination of the entire livestock is carried out. If suspects or patients are identified, the diagnosis is clarified and treatment is carried out. During the period of animal husbandry, disinfection of the premises is carried out. Newborn animals are kept in clean, dry rooms with a sufficient amount of litter.

Newly arriving animals from other economic entities are quarantined. During this period, the animals are checked for skin diseases. Failure to carry out the above-mentioned veterinary measures during the summer period will also constitute an objective side of the offense.

Another example. In paragraphs 145-6 of the "Veterinary (veterinary and sanitary) Rules" it is stipulated that within 14 calendar days after vaccination, vaccinated animals are monitored and animals vaccinated against anthrax are not allowed to be slaughtered for meat and skinning of animals that died before the expiration of 14 calendar days after vaccination. Violation of these rules and the fourteen-day period will also constitute the objective side of the offense.

The subjective side of the offense is characterized by the fact that the act can be committed either intentionally or negligently.

The subject of a special offense is individuals, officials, small business entities, or non-profit organizations. medium-sized businesses and large-scale businesses.

Part 4. The act provided for in part four of Article 406 of the Administrative Code contains elements of an administrative offense (object, objective side, subjective side, subject) characteristic of part three of the commented article, with the exception of an additional feature - committed repeatedly within a year after the imposition of an administrative penalty.

Part 5. The object of the commented offense is the established procedure for ensuring the identification of farm animals.

In paragraphs 3-1) of Article 1 of the Law of the Republic of Kazakhstan "On Veterinary Medicine", "identification of farm animals" means "the procedure for recording animals, including assigning an individual number to animals by using products (means) for identification, labeling, including information about the farm animal in the database for identification of farm animals and issuing a veterinary passport."

The objective side of the offense is expressed in actions (inaction) to ensure the identification of farm animals.

According to paragraph 7 of the "Rules for the identification of farm animals", approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated January 30, 2015 No. 7-1/68, the procedure for the identification of farm animals includes:

1) assigning an individual number to farm animals by one of the methods specified in paragraph 8 of these Rules;

2) the inclusion of information in the database on the identification of farm animals (hereinafter referred to as the database) in accordance with the procedure approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated June 2, 2010 No. 367 "On approval of the Rules for the formation and maintenance of a database on the identification of farm animals and the issuance of extracts from it" (registered in the Register of State Registration of Regulatory legal acts No. 6321);

3) issuance of a veterinary passport in accordance with Annex 2 to these Rules.

Paragraph 8 of the "Rules for the identification of farm animals" states that the assignment of an individual number is carried out depending on the type of farm animal, using one of the following methods:

1) tagging (for cattle, small cattle, camels, marals, pigs and piglets not slaughtered before the age of nine months, kept in agricultural enterprises, peasant farms and farms intended for industrial cultivation and fattening);

2) branding (from the age of four months) or chipping (after seven days from the date of birth) (for horses and single-hoofed animals);

3) tattooing (for piglets kept in agricultural enterprises, peasant and farm farms, and intended for industrial cultivation, fattening and subsequent slaughter before reaching the age of nine months).

In accordance with clause 9 of the "Rules for the identification of farm animals", additionally, for all types of farm animals, it is allowed to assign an individual number in the following ways::

electronic identification method (radio frequency tags, boluses, chips, and other products (tools) used to identify farm animals);

tattoo;

branding.

At the same time, in agricultural enterprises, peasant and farm enterprises, the assignment of an individual number to farm animals is allowed by the methods specified in this paragraph for:

conducting on-farm accounting of livestock;

temporary assignment of an individual number to an animal before it is carried out by the methods specified in paragraph 8 of these Rules.

Temporary assignment of an individual number to farm animals is carried out sequentially, according to the issue of individual numbers carried out in accordance with paragraph 6 of these Rules.

The assignment of an individual number to farm animals by the methods specified in this paragraph is carried out by the owners of the animals

The subjective side of the offense is characterized by the fact that the act can be committed either intentionally or negligently.

The subject of the offense is special - officials.

Part 6. The act provided for in part six of Article 406 of the Administrative Code contains elements of an administrative offense (object, objective side, subjective side, subject) characteristic of part five of the commented article, with the exception of an additional feature - committed repeatedly within a year after the imposition of an administrative penalty.

Part 7. The object of the commented offense is the socio-legal relations that arise when local executive bodies perform the functions assigned to them by the legislation of the Republic of Kazakhstan in the field of veterinary medicine.

The objective side of the offense is expressed in actions (inaction) by the failure of local executive bodies to perform the functions assigned to them by the legislation of the Republic of Kazakhstan in the field of veterinary medicine.

According to Article 10 of the Law of the Republic of Kazakhstan "On Veterinary Medicine", the competence of local executive bodies of the regions includes:

- the organization of public health protection from diseases common to animals and humans, together with the authorized state body in the field of health and the mutual exchange of information;

- implementation of the state policy in the field of veterinary medicine;

- making decisions on the establishment of quarantine or restrictive measures on the recommendation of the chief state veterinary and sanitary inspector of the relevant territory in the event of the occurrence of infectious animal diseases in two or more areas located on the territory of the region;

- making decisions on the lifting of restrictive measures or quarantine on the recommendation of the chief state veterinary and sanitary inspector of the relevant territory after carrying out a set of veterinary measures to eliminate foci of infectious animal diseases that have arisen in two or more areas located in the territory of the region.;

- licensing of veterinary and sanitary expertise of products and raw materials of animal origin in accordance with the legislation of the Republic of Kazakhstan on permits and notifications;

- making a decision on the division of the territory into zones in accordance with the procedure established by the authorized body;

- approval of the plan of veterinary measures to ensure veterinary and sanitary safety in the territory of the relevant administrative-territorial unit in coordination with the authorized body;

- organization of veterinary measures to ensure veterinary and sanitary safety on the territory of the relevant administrative-territorial unit;

- organization of storage, transportation (delivery) of veterinary drugs for the prevention of particularly dangerous animal diseases, with the exception of the republican stock of veterinary drugs, to local executive bodies of districts (cities of regional significance);

- implementation of public procurement of services for transportation (delivery) of products (facilities) and attributes for identification of farm animals, production of a veterinary passport;

- determining the need for products (tools) and attributes for the identification of farm animals and transmitting information to the processing center;

- organization of maintaining a database on the identification of farm animals;

- assignment of accounting numbers to production facilities engaged in animal husbandry, harvesting (slaughter), storage, processing and sale of animals, products and raw materials of animal origin, as well as organizations for the production, storage and sale of veterinary drugs, feed and feed additives;

- organization and implementation of state veterinary and sanitary control and supervision of compliance by individuals and legal entities with the legislation of the Republic of Kazakhstan in the field of veterinary medicine within the relevant administrative-territorial unit;

- conducting an examination of epizootic foci in case of their occurrence;

- organization and implementation of state veterinary and sanitary control and supervision over compliance with the requirements established by technical regulations, in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan within the relevant administrative-territorial unit;

- issuance of an epizootological examination certificate;

- implementation of state veterinary and sanitary control and supervision for compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of veterinary medicine:

at domestic trade facilities;

at production facilities engaged in the rearing of animals, harvesting (slaughter), storage, processing and sale of animals, products and raw materials of animal origin, as well as in organizations for the storage and sale of veterinary drugs, feed and feed additives (with the exception of those related to import and export);

for persons engaged in entrepreneurial activities in the field of veterinary medicine, with the exception of the production of veterinary drugs;

during transportation (movement), loading, unloading of objects being moved (transported) within the relevant administrative-territorial unit, with the exception of their export (import) and transit;

on all types of vehicles, for all types of containers, packaging materials that may be factors of transmission of pathogens of animal diseases, with the exception of export (import) and transit;

on cattle runs, routes, pasture territories, and watering areas for animals that are used for transportation (movement);

on territories, in production facilities, and for the activities of individuals and legal entities that grow, store, process, sell, or use movable (transported) objects, with the exception of export (import) and transit;

- implementation of state veterinary and sanitary control and supervision over compliance with zoohygienic and veterinary (veterinary and sanitary) requirements during the placement, construction, reconstruction and commissioning of cattle burial grounds (biothermal pits), objects of state veterinary and sanitary control and supervision related to maintenance, breeding, use, production, harvesting (slaughter), storage, processing and sale, as well as during transportation (movement) of objects being moved (transported);

- drawing up an act of state veterinary and sanitary control and supervision in relation to individuals and legal entities;

- summary, analysis of veterinary accounting and reporting and their submission to the authorized body;

- implementation of state procurement of veterinary drugs for the prevention and diagnosis of enzootic animal diseases, services for their prevention and diagnosis, organization of their storage and transportation (delivery) to local executive bodies of districts (cities of regional significance);

- ensuring the implementation of veterinary measures for the prevention, sampling of biological material and their delivery for the diagnosis of particularly dangerous animal diseases according to the list approved by the authorized body, as well as enzootic and other animal diseases;

- organizing and conducting educational work among the population on veterinary issues;

- organization of events for the identification of farm animals;

- participation in state commissions for the commissioning of production facilities engaged in the rearing, harvesting (slaughter), storage, processing and sale of animals, products and raw materials of animal origin, as well as organizations for the production, storage and sale of veterinary drugs, feed and feed additives;

- approval of the list of enzootic animal diseases, the prevention and diagnosis of which are carried out at the expense of budgetary funds;

- exercise, in the interests of local government, other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.

The competence of local executive bodies of cities of republican significance and the capital includes:

- the organization of public health protection from diseases common to animals and humans, together with the authorized state body in the field of health and the mutual exchange of information;

- implementation of the state policy in the field of veterinary medicine;

- making decisions on the establishment of quarantine or restrictive measures on the recommendation of the chief state veterinary and sanitary inspector in the event of the occurrence of infectious animal diseases in the territory of the city of republican significance, the capital;

- making decisions on the lifting of restrictive measures or quarantine on the recommendation of the chief state veterinary and sanitary inspector after carrying out a complex of veterinary measures to eliminate foci of infectious animal diseases that have arisen in the territory of the city of republican significance, the capital;

- licensing of veterinary and sanitary expertise of products and raw materials of animal origin in accordance with the legislation of the Republic of Kazakhstan on permits and notifications;

- receiving notifications from individuals and legal entities on the beginning or termination of business activities in the field of veterinary medicine, as well as maintaining the state electronic register of permits and notifications in accordance with the Law of the Republic of Kazakhstan "On Permits and Notifications";

- making a decision on the division of the territory into zones in accordance with the procedure established by the authorized body;

- approval of the plan of veterinary measures to ensure veterinary and sanitary safety in the territory of the relevant administrative-territorial unit in coordination with the authorized body;

- organization of veterinary measures to ensure veterinary and sanitary safety on the territory of the relevant administrative-territorial unit;

- organization of storage, transportation (delivery) of veterinary drugs for the prevention of particularly dangerous animal diseases, with the exception of the republican stock of veterinary drugs;

- implementation of public procurement of services for transportation (delivery) of products (facilities) and attributes for identification of farm animals, production of a veterinary passport;

- organization of maintaining a database on the identification of farm animals;

- approval of the list of state veterinarians who have the right to issue veterinary and sanitary certificates for objects of state veterinary and sanitary control and supervision;

- conducting an examination of epizootic foci in case of their occurrence;

- issuance of an epizootological examination certificate;

- implementation of state veterinary and sanitary control and supervision for compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of veterinary medicine:

at domestic trade facilities;

for persons engaged in entrepreneurial activities in the field of veterinary medicine, with the exception of the production of veterinary drugs;

during transportation (movement), loading, unloading of objects being moved (transported) within the relevant administrative-territorial unit, with the exception of their export (import) and transit;

on all types of vehicles, for all types of containers, packaging materials that may be factors of transmission of pathogens of animal diseases, with the exception of export (import) and transit;

on cattle runs, routes, pasture territories, and watering areas for animals that are used for transportation (movement);

- drawing up an act of state veterinary and sanitary control and supervision in relation to individuals and legal entities;

- summary, analysis of veterinary accounting and reporting and their submission to the authorized body;

- implementation of state procurement of veterinary drugs for the prevention and diagnosis of enzootic animal diseases;

- organization of storage and transportation (delivery) of veterinary drugs, carrying out veterinary measures for the prevention and diagnosis of enzootic animal diseases;

- organizing and conducting educational work among the population on veterinary issues;

- determining the need for products (tools) and attributes for the identification of farm animals and transmitting information to the processing center;

- organization of events for the identification of farm animals;

- organization of trapping and destruction of stray dogs and cats;

- organization of the construction of cattle burial grounds (biothermal pits) and ensuring their maintenance in accordance with veterinary (veterinary and sanitary) requirements;

- submission to the local representative body of cities of republican significance, the capital for approval of the rules of animal husbandry, rules for keeping and walking dogs and cats, rules for trapping and destroying stray dogs and cats, proposals for establishing the boundaries of sanitary animal welfare zones;

- organization and provision of information on ongoing veterinary activities to interested parties;

- organization of state commissions for the commissioning of production facilities engaged in the rearing, harvesting (slaughter), storage, processing and sale of animals, products and raw materials of animal origin, as well as organizations for the production, storage and sale of veterinary drugs, feed and feed additives;

- neutralization (disinfection) and processing without removal of animals, products and raw materials of animal origin that pose a danger to animal and human health;

- compensation to owners of the cost of neutralized (decontaminated) and processed animals, products and raw materials of animal origin that pose a danger to animal and human health.;

- approval of the list of enzootic animal diseases, the prevention and diagnosis of which are carried out at the expense of budgetary funds;

- organization of sanitary slaughter of sick animals;

- exercise, in the interests of local government, other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.

The competence of the local executive body of the district and the city of regional significance includes:

- submission to the local representative body of the region for approval of the rules of animal husbandry, rules for keeping and walking dogs and cats, rules for trapping and destroying stray dogs and cats, proposals for establishing the boundaries of sanitary animal husbandry zones;

- organization of trapping and destruction of stray dogs and cats;

- organization of the construction of cattle burial grounds (biothermal pits) and ensuring their maintenance in accordance with veterinary (veterinary and sanitary) requirements;

- organization and provision of information on ongoing veterinary activities to interested parties;

- organizing and conducting educational work among the population on veterinary issues;

- neutralization (disinfection) and processing without removal of animals, products and raw materials of animal origin that pose a danger to animal and human health;

- compensation to owners of the cost of neutralized (decontaminated) and processed animals, products and raw materials of animal origin that pose a danger to animal and human health.;

Part 8. The act provided for in part eight of Article 406 of the Administrative Code contains elements of an administrative offense (object, objective side, subjective side, subject) characteristic of part seven of the commented article, with the exception of an additional feature - committed repeatedly within a year after the imposition of an administrative penalty.

Part 9. The object of the offense being commented on is the social and legal relations that arise in the process of notifying divisions of local executive bodies operating in the field of veterinary medicine, state veterinary organizations established by local executive bodies, state veterinary and sanitary control and supervision bodies about newly acquired (acquired) animals, received offspring, its (their) slaughter and sale, cases of death, simultaneous illness of several animals or their unusual behavior.

According to subclause 7) of clause 18 of the "Veterinary (Veterinary and Sanitary) Rules", approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated June 29, 2015 No. 7-1/587, individuals and legal entities for the prevention of animal diseases, including diseases common to animals and humans, provide notification to local executive bodies operating in veterinary field, state veterinary organizations established by local executive bodies, state veterinary and sanitary control and supervision bodies on: