Comment to article 410-1. Violation of the legislation of the Republic of Kazakhstan when conducting an audit in the field of fire safety of the Code of Administrative Offences of the Republic of Kazakhstan
1. Failure or untimely submission by an expert organization to the territorial subdivision of the authorized body in the field of civil protection of a copy of the conclusion on the results of an audit in the field of fire safety –
entails a fine on the expert organization in the amount of thirty monthly calculation indices.
2. Submission by an expert organization of an opinion on the results of an audit in the field of fire safety, containing false information on the compliance (non-compliance) of the facility with fire safety requirements, –
entails a fine on the expert organization in the amount of fifty monthly calculation indices.
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 the submission by an expert organization of a deliberately false conclusion based on the results of an audit in the field of fire safety –
they impose a fine on expert organizations in the amount of one hundred monthly calculation indices with the loss of an accreditation certificate.
The object of the offenses provided for in article 410-1 is the established procedure for submitting conclusions in the field of fire safety to the state body in the field of civil protection based on the results of an audit.
The procedure for conducting an audit in the field of fire safety by expert organizations is determined by the Rules for Conducting an Audit in the field of fire safety, approved by Order No. 240 of the Minister of Internal Affairs of the Republic of Kazakhstan dated April 3, 2017. In accordance with paragraph 9 of these Rules, within five working days after the approval of the conclusion, the expert organization submits a copy of the conclusion to the territorial division of the department of the authorized body in the field of civil protection.
The objective side of the act provided for in paragraph 1 of Article 410-1 is manifested in an unlawful act (inaction), expressed either in the failure to provide a copy of the audit report or in the late submission of such an opinion to the relevant government agency.
The subjective side may be in the form of intent or carelessness.
The subjects of this offense may be legal entities - expert organizations. In accordance with paragraphs 61-1 of Article 1 of the Law of the Republic of Kazakhstan dated April 11, 2014 "On Civil Protection", expert organizations are organizations accredited in accordance with the established procedure to carry out audit activities in the field of fire safety. The accreditation is carried out by the Committee on Emergency Situations of the Ministry of Internal Affairs of the Republic of Kazakhstan.
The objective side of the offense provided for in part 2 of the commented article is expressed in action - the submission by an expert organization of an opinion on the results of an audit in the field of fire safety, containing false information about the compliance (non-compliance) of the facility with fire safety requirements.
In accordance with the above-mentioned Rules for conducting an audit in the field of fire safety, an opinion is drawn up based on the audit results in accordance with the form established by the Rules.
It is assumed that all the information contained in the conclusion should realistically and objectively assess the facility for compliance or non-compliance with fire safety requirements.
The subjective side may be in the form of intent or carelessness.
The subjects of the offense may be legal entities - expert organizations.
Part 3 provides for stricter liability for the actions (omissions) provided for in parts one and two of this article, committed repeatedly within a year after the imposition of an administrative penalty.
In addition, in part three, an independent corpus delicti has been formed, the objective side of which is the submission by an expert organization of a deliberately false conclusion based on the results of an audit in the field of fire safety.
The subjective side in this case is expressed only in the form of intent.
The subject, as in other parts, is an expert organization.
Protocols on administrative offences provided for in Article 410-1 may be drawn up by authorized officials of the authorized body in the field of civil protection (paragraph 2, part 1 of Article 804).
Cases of administrative offences provided for in article 410-1 are considered by judges of specialized district and equivalent administrative courts (Part 1 of Article 684).
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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