Comment to article 407. Violation of the legislation of the Republic of Kazakhstan on livestock breeding  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Violation of the legislation of the Republic of Kazakhstan on livestock breeding, committed in the form of:

     1) the sale by entities in the field of livestock breeding of breeding products (materials) that have not been bonitized;

     2) the sale of breeding products (materials) by subjects in the field of livestock breeding without issuing a breeding certificate;

     3) refusal of entities in the field of livestock breeding from keeping records of data and non-reporting;

     4) non-fulfillment by subjects in the field of livestock breeding of acts of state inspectors on livestock breeding;

     5) the use by subjects in the field of livestock breeding of seeds and embryos obtained from breeding animals that are not registered in accordance with the procedure established by the legislation of the Republic of Kazakhstan on livestock breeding;

     6) the use by subjects in the field of livestock breeding for the reproduction of breeding animals that have not been bonitized;

     8) excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 No. 424-V ;

     9) excluded by the Law of the Republic of Kazakhstan dated 27.11.2015 No. 424-V ;  

     9) violations by individuals and legal entities of the procedure for the use of breeding animals acquired for breeding purposes at the expense of budgetary funds within the framework of programs for the development of breeding livestock, –

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

     2. Non-compliance by individuals and legal entities engaged in activities in the field of livestock breeding, subject to notification, with the obligations established by the Law of the Republic of Kazakhstan "On Livestock Breeding", –

     entails a fine for individuals in the amount of ten, for small businesses in the amount of thirty, for medium–sized businesses in the amount of fifty, for large businesses in the amount of one hundred monthly calculation indices, with or without suspension of activities for entities in the field of livestock breeding.

     3. Actions (inaction) provided for in parts one and two of this Article, committed repeatedly within a year after the imposition of an administrative penalty, as well as non–elimination of violations provided for in parts one and two of this Article, which resulted in administrative liability, - entail the prohibition of activities in the field of livestock breeding

     Part 1. The object of the offense being commented on is the socio-legal relations that arise in the process of compliance with the legislation of the Republic of Kazakhstan on livestock breeding when individuals and legal entities sell breeding products (material), record data and report, and perform acts of state inspectors on livestock breeding by entities in the field of livestock breeding, individuals and legal entities that have received budget subsidies. animal husbandry, the use of seeds and embryos by subjects in the field of breeding livestock, obtained from breeding animals, used by individuals and legal entities for the reproduction of breeding animals, and presentation by individuals and legal entities of the results of bonification (evaluation) of breeding animals.  

     According to Article 3 of the Law of the Republic of Kazakhstan dated July 9, 1998 "On Livestock Breeding", the legislation of the Republic of Kazakhstan on livestock breeding is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan. If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this Law, the Rules of the international treaty shall apply.

     The objective side of the offense is expressed in actions that violate the legislation of the Republic of Kazakhstan on livestock breeding, committed in the form of:

     1) sales by individuals and legal entities of breeding products (materials) that have not been certified (evaluated);

     2) sale of breeding products (materials) by individuals and legal entities without issuing a breeding certificate;

     3) refusal of entities in the field of livestock breeding from keeping records of data and non-reporting;

     4) failure by entities in the field of livestock breeding, individuals and legal entities that have received budget subsidies to comply with the acts of state inspectors on livestock breeding;

     5) the use by subjects in the field of livestock breeding of seeds and embryos obtained from breeding animals that are not registered in accordance with the procedure established by the legislation of the Republic of Kazakhstan on livestock breeding;

     6) the use by individuals and legal entities for the purpose of reproduction of breeding animals that have not been bonitized (evaluated);

     7) falsification by individuals and legal entities of the results of bonification (evaluation) of breeding animals.  

     Sale by individuals and legal entities of breeding products (materials) that have not been certified (evaluated)

     In paragraphs 23-2) of Article 1 of the Law of the Republic of Kazakhstan dated July 9, 1998 No. 278 "On breeding livestock", "bonification (assessment)" means "determining the level of breeding value of animals according to a set of economically useful characteristics (pedigree, productive qualities, exterior and constitutional features) with the assignment of an appropriate class or index."

     According to clauses 3), clause 4, Article 16-2 of the Law of the Republic of Kazakhstan "On Breeding Livestock", a legal entity that has notified the authorized body of the start of activity as a breeding center is obliged to carry out the bonification (evaluation) of breeding animals.  

     In accordance with Article 19 of the Law of the Republic of Kazakhstan "On Livestock Breeding", breeding animals registered with the Republican Chamber are subject to bonus assessment according to the instructions approved by the authorized body. Breeding animals that have not passed the bonification (assessment) are not allowed to be sold for breeding purposes. Bonification (assessment) is carried out by boniters (classifiers).

     The Order of the Minister of Agriculture of the Republic of Kazakhstan dated October 10, 2014 No.3-3/517 approved instructions on bonification (assessment) of breeding value and reproduction of animals:

     - dairy and dairy-meat cattle;

     - beef cattle;

     - fine-fleeced sheep;

     - semi-fine-fleeced sheep;

     - fat sheep;

     - Karakul sheep;

     - down, dairy and wool goats;

     - pigs;

     - local and factory horses;

     - camels;

     - birds;

     - ostriches;

     domestic-national dog breeds (tazy, tobet);

     marals and spotted deer;

     bees;

     caged fur-bearing animals;

     rabbits.

     Sale of breeding products (materials) by individuals and legal entities without issuing a breeding certificate

     In paragraph 4) of Article 1 of the Law of the Republic of Kazakhstan "On Breeding Livestock", a "breeding certificate" means "a document confirming the pedigree, productive and other qualities of breeding products (material), issued by the Republican Chamber, in accordance with the procedure approved by the authorized body."  

     The second paragraph of Article 6 of the Law of the Republic of Kazakhstan "On Breeding Livestock" explicitly states that the alienation or transfer of ownership rights to breeding products (material) is permitted in the presence of a breeding certificate issued in accordance with the provisions of this Law.

     In accordance with paragraphs two and three of Article 9 of the Law of the Republic of Kazakhstan "On Breeding Livestock", the export of breeding products (materials) is carried out in the presence of a breeding certificate and a veterinary certificate issued by an authorized body. Import of breeding products (materials) is carried out in the presence of a veterinary certificate and a duly recognized breeding certificate or an equivalent document issued by the competent authorities of the exporting country.

     According to paragraphs 3 to 4 of the "Regulations on the procedure for recognizing a breeding certificate or an equivalent document issued for imported breeding products (material) by the competent authorities of exporting countries", approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated December 11, 2015 No. 3-2/1078, the procedure is carried out for the initial import of breeding products (material) from abroad approval of a Sample for this type and breed of breeding products (material) imported from this country for the first time.

     The recognition of a breeding certificate or an equivalent document issued for imported breeding products (material) by the competent authorities of exporting countries includes the following steps::

     1) examination of applications and comparison of copies (original) of the breeding certificate with the agreed Sample;

     2) making a decision on the recognition of a breeding certificate.

     Refusal of data accounting and non-reporting on subjects in the field of livestock breeding

     In accordance with Articles 16-3 of the Law of the Republic of Kazakhstan "On Breeding Livestock", breeding products (materials) belonging to individuals and legal entities that have received budget subsidies are subject to state accounting. Data on the number, quality and productivity of breeding animals are entered by species and breeds of animals in the state register of breeding animals. Data on the most valuable breeding animals in terms of origin, productivity and other qualities are entered in the studbook. The data entered in the studbook and the state register of breeding animals are available to interested persons.

In order to confirm the origin, productive and other qualities of an animal, individuals and legal entities shall issue an individual card of a breeding animal or a breeding certificate in accordance with the procedure and in the form approved by the authorized body.

     According to the third paragraph of Article 22 of the Law of the Republic of Kazakhstan "On Livestock Breeding", subjects in the field of livestock breeding keep records of data and submit reports to local executive bodies of regions, cities of republican significance, the capital, districts, cities of regional significance in accordance with the forms approved by the authorized body.

     Approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated April 30, 2015 No. 3-3/397:

     - forms of accounting for breeding products (materials) in dairy cattle breeding;

     - forms of accounting for breeding products (materials) in beef cattle breeding;

     - forms of accounting for breeding products (materials) in karakul breeding;

     - forms of accounting for breeding products (material) in sheep breeding of fine-fleeced, semi-fine-fleeced and meat-and-fat areas;

     - forms of accounting for breeding products (materials) in goat breeding of wool, down and dairy industries;

     - forms of accounting for breeding products (materials) in horse breeding;

     - forms of accounting for breeding products (materials) in pig breeding;

     - forms of accounting for breeding products (materials) in camel breeding;

     - forms of accounting for breeding products (materials) in maral breeding (reindeer breeding);

     - forms of accounting for breeding products (materials) in poultry farming;

     - forms of accounting for breeding products (materials) in beekeeping;

     - forms of accounting for breeding products (materials) in fish farming;

     - forms of accounting for breeding products (materials) of dogs of national breeds;

     - forms of accounting for breeding products (materials) in breeding centers and distribution centers for the sale of breeding animal seeds.

     Failure by entities in the field of livestock breeding, individuals and legal entities that have received budget subsidies to comply with acts of state inspectors on livestock breeding

     According to paragraph 4 of Article 16 of the Law of the Republic of Kazakhstan "On Livestock Breeding", acts of state inspectors on livestock breeding within their competence are mandatory for execution by subjects in the field of livestock breeding, individuals and legal entities that have received budget subsidies.

     In accordance with paragraph 2 of the "Rules for Drawing up and Issuing acts of the State Livestock Inspector", approved by Order No. 453 of the Deputy Prime Minister of the Republic of Kazakhstan - Minister of Agriculture of the Republic of Kazakhstan dated October 27, 2016, state control in the field of livestock breeding is carried out by the State Livestock Inspector (hereinafter referred to as the State inspector) in the form of an inspection and in other forms. The audit is carried out in accordance with the Business Code of the Republic of Kazakhstan dated October 29, 2015 and the following acts are issued based on its results:

     1) the act on the results of the audit (hereinafter referred to as the act);

     2) an instruction to eliminate the identified violations of the legislation of the Republic of Kazakhstan in the field of livestock breeding (hereinafter referred to as the instruction).

     Paragraph 3 of the "Rules for drawing up and issuing acts of the State Livestock Breeding Inspector" states that the act is drawn up by the state inspector based on the results of an inspection in the field of livestock breeding in two copies, which contains the information specified in Article 152 of the Entrepreneurial Code of the Republic of Kazakhstan dated October 29, 2015.:

     1) date, time and place of drawing up the act;

     2) name of the control body;

     3) the date and number of the inspection appointment act on the basis of which the inspection was conducted;

     4) last name, first name, patronymic (if it is indicated in the identity document) and the position of the person(s) who conducted the inspection;

     5) the name or surname, first name, patronymic (if it is indicated in the identity document) of the subject being checked, the position of the representative of the individual or legal entity who was present during the inspection;

     6) date, place and period of the inspection;

     7) information about the results of the audit, including the identified violations and their nature;

     8) the name of the checklist and the points of the requirements for which violations have been identified;

     9) information on familiarization or refusal to familiarize with the act of the representative of the audited entity, as well as persons present during the inspection, their signatures or refusal to sign;

     10) the signature of the official(s) who conducted the inspection.

     The inspection results report shall be accompanied, if any, by acts on sampling (samples) of products, inspection of environmental facilities, protocols (conclusions) of conducted studies (tests) and examinations, and other documents or copies thereof related to the inspection results.

     The use by subjects in the field of livestock breeding of seeds and embryos obtained from breeding animals that are not registered in accordance with the procedure established by the legislation of the Republic of Kazakhstan on livestock breeding

     In accordance with Article 18 of the Law of the Republic of Kazakhstan "On Breeding livestock", seeds and embryos of breeding animals are used in cases where:

     1) obtained from subjects in the field of livestock breeding;

     2) obtained from breeding animals registered in accordance with the procedure established by the legislation of the Republic of Kazakhstan on breeding livestock;

     3) have an individual marking that allows them to be identified;

     4) have tribal certificates.

     It is not allowed to sell seeds and embryos that do not have individual labeling.

     Only breeding animals that have been certified (evaluated) in accordance with the procedure approved by the authorized body are used to reproduce the breed.

     In order to preserve data on farms where breeding animals were obtained, information about breeders is indicated in the breeding certificates.

     In paragraph 42) of Article 1 of the Law of the Republic of Kazakhstan "On Livestock Breeding", "embryo" is understood as "an embryo developing from a fertilized egg".  

     According to paragraphs 2 and 3 of the "Rules for maintaining the State Register of breeding animals", approved by the Order of the Acting Minister of Agriculture of the Republic of Kazakhstan dated December 29, 2008 No. 792, the data of subjects in the field of breeding livestock on the number, quality and productivity of breeding animals are entered into the state register by species and breeds of animals.

     Individuals and legal entities, in case of acquisition of breeding animals at the expense of budgetary funds, submit a report to the local executive body of the district or city of regional significance for inclusion of existing breeding animals in the state register.

     Use by individuals and legal entities for the purpose of reproduction of breeding animals that have not been bonitized (evaluated)  

     In accordance with Article 20 of the Law of the Republic of Kazakhstan "On Breeding Livestock", breeding breeding animals selected for breed reproduction are subject to verification and evaluation. Inspection and evaluation of breeding breeding animals are carried out in accordance with the procedure approved by the authorized body.

     The instruction on bonification (assessment) of breeding value and reproduction of animals, approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated October 10, 2014 No. 3-3/517, was developed in accordance with subparagraph 4) of Article 13 of the Law of the Republic of Kazakhstan dated July 9, 1998 "On breeding livestock" and details the bonification of dairy and dairy cattle.meat direction.

     Falsification by individuals and legal entities of the results of bonification (evaluation) of breeding animals

     The Instructions on bonification (assessment) of breeding value and reproduction of animals, approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated October 10, 2014 No. 3-3/517, regulate in detail the procedure for bonification (assessment) of breeding animals and registration of its results.  

     For example, Appendix 1 to the "Instructions on the bonification (assessment) of breeding value and reproduction of dairy and dairy-meat cattle" regulates the procedure for determining the breed of dairy and dairy-meat cattle. Therefore, the objective side of the offense may be expressed in the falsification of the pedigree of the mother and father of cattle and the purebred generation.  

     Also, in violation of Appendix 2 to the "Instructions for bonification (assessment) of breeding value and reproduction of dairy and dairy-meat cattle", the results of bonification (assessment) of breeding animals may not reflect the body defects of dairy and dairy-meat cattle, for which the score on exterior and constitution is reduced.. Thus, the actions to falsify the results of bonification (evaluation) of breeding animals are quite diverse.  

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

     The subject of a special offense is an individual, a small business entity, a medium-sized business entity, and a large business entity.

     Part 2. The object of the offense being commented on is the social and legal relations that arise when individuals and legal entities engaged in activities in the field of livestock breeding that are subject to notification comply with the obligations established by the Law of the Republic of Kazakhstan "On Livestock Breeding".

     According to Article 23 of the Law of the Republic of Kazakhstan "On Livestock breeding", subjects in the field of livestock breeding include:

     1) Tribal centers;

     2) distribution centers;

     3) boniters (classifiers);

     4) insemination technicians;

     5) specialists in embryo transplantation;

     6) Republican chambers.

The objective side of the offense is expressed in actions (inaction) for non-compliance by individuals and legal entities engaged in activities in the field of livestock breeding, subject to notification, of the obligations established by the Law of the Republic of Kazakhstan "On Livestock Breeding".

     Thus, according to paragraph 1 of Article 26 of the Law of the Republic of Kazakhstan "On breeding livestock", the main activities of breeding centers are:

     1) obtaining, accumulation and storage of seeds of breeding animals and their registration in the information base of breeding and breeding work;

     2) determination of the breeding value of breeding breeding animals in accordance with the procedure established by the authorized body;

     3) sale of seed from valued breeding animals;

     4) receipt, acquisition, storage and sale of embryos;

     5) accounting for the results of the use of semen and embryos, maintaining a database about them;

     6) the exchange of the gene pool.

     In accordance with Article 27 of the Law of the Republic of Kazakhstan "On Breeding livestock", the main activities of distribution centers are the acquisition, storage and sale of seeds of evaluated breeding animals, their registration in the information base of breeding and breeding work.

     Article 28 of the Law of the Republic of Kazakhstan "On Breeding livestock" states that the main activity of boniters (classifiers) is the bonification (evaluation) of animals.  

     The main activity of insemination technicians is the artificial insemination of farm animals.  

     The main areas of activity of specialists in embryo transplantation are the acquisition and transplantation of embryos from breeding animals.

     According to paragraph 1 of art. 28-2. According to the Law of the Republic of Kazakhstan "On Breeding Livestock", the Republican Chamber is a non-profit, self-financing organization established and operating to implement and protect the interests of individuals and legal entities engaged in breeding and (or) reproduction of breeding animals.

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

     The subject of a special offense is individuals and legal entities engaged in activities in the field of livestock breeding (individuals, small businesses, medium-sized businesses, large businesses.

     Part 3 of Article 407 of the Administrative Code contains elements of an administrative offense (object, objective side, subjective side, subject) characteristic of parts one and two of the commented articles, with the exception of one of the additional features (or a set of features): the commission of these acts repeatedly within a year after the imposition of an administrative penalty, as well as the failure to eliminate violations provided for in parts one and two of this article, which resulted in administrative liability.

     According to Part 1 of Article 684 of the Administrative Code, judges of specialized district and equivalent administrative courts consider cases of administrative offenses provided for in Article 407 (parts two and three) Administrative Code.

     In accordance with Article 704 of the Administrative Code, officials of the authorized body in the field of livestock breeding consider cases of administrative offenses provided for in Article 407 (part one). Administrative Code.

     The Court has the right to consider cases of administrative offenses and impose administrative penalties.:

     1) Chief State Inspector for Livestock Breeding of the Republic of Kazakhstan;

     2) Deputy Chief State Inspector for Livestock Breeding of the Republic of Kazakhstan;

     3) chief state inspectors for livestock breeding in regions, cities of republican significance, the capital and their deputies;

     4) state inspectors for livestock breeding in regions, districts, and cities of regional significance.

     Paragraph 19) of Article 804 of the Administrative Code states that in cases of administrative offenses considered by the courts, protocols on administrative offenses may be drawn up by authorized officials of the authorized body in the field of livestock breeding (Articles 407 (parts two and three) of the Administrative Code).

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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