Comment to article 410. Violation or non-fulfillment of fire safety requirements, with the exception of requirements established by technical regulations The Code of the Republic of Kazakhstan on Administrative Offences  

CHAPTER 24. ADMINISTRATIVE OFFENSES THAT INFRINGE ON PUBLIC SAFETY AND PUBLIC HEALTH

      The generic object of offenses provided for in Chapter 24 of the Administrative Code is public safety and public health.  

     The concept of public safety, which should be taken into account when commenting on the articles of Chapter 24, is given in the Law of the Republic of Kazakhstan dated January 6, 2012 "On National Security of the Republic of Kazakhstan". Public security, as a type of national security in this law, is understood as the state of protection of the life, health and well-being of citizens, the spiritual and moral values of Kazakh society and the social security system from real and potential threats, which ensures the integrity of society and its stability (Article 4).

     The health of the population, despite the fact that it is also covered by public safety, is singled out as an independent generic object of the offenses specified in chapter 24. The Code of the Republic of Kazakhstan dated September 18 "On the Health of the People and the healthcare system" contains the concept of public health - a comprehensive characteristic of the mental, physical and social well-being of the population, reflecting the efforts of society to lead a healthy lifestyle, including healthy nutrition, to prevent diseases and injuries, as well as to prevent the influence of adverse environmental factors (paragraph 63, paragraph 1 of Article 1). This concept is most consistent with the concept of public health, protected by Chapter 24.  

     To ensure public safety and public health, the state adopts numerous rules and sets requirements in various spheres of life. In particular, chapter 24 deals with the areas of fire, sanitary and epidemiological, radiation safety, safety in reservoirs and the safety of certain types of products; technical regulation, conformity assessment and uniformity of measurements; trafficking and advertising of narcotic drugs, psychotropic substances and precursors, the maintenance of narcotic crops; medical and pharmaceutical activities. It should be borne in mind that some types of offenses that are similar in scope to those specified in Chapter 24 may be found in other chapters of the Special Part of the Administrative Code (violation of the rules for safe work (Article 298), violation of fire safety rules and sanitary rules in forests (Article 367). In fairness, it should be noted that Chapter 24 also contains compositions that raise questions from the point of view of placing them in this chapter: violation of national standards for the National Flag of the Republic of Kazakhstan and the State Emblem of the Republic of Kazakhstan (Article 418); violation of legislation on ensuring the uniformity of measurements (Article 419).  

     The direct object of the offenses specified in Chapter 24 may be both public safety in various spheres and public health, as well as various rules and procedures established by the State. However, non-compliance with these rules and procedures can threaten public safety and public health, so they are somehow related to the generic object.  

      Article 410. Violation or non-fulfillment of fire safety requirements, with the exception of requirements established by technical regulations

     1. Violation or non-fulfillment in organizations, buildings, structures, buildings, residential buildings, public places, agricultural lands, technological installations, equipment, aggregates and other property of fire safety requirements established by the legislation of the Republic of Kazakhstan, except for the requirements established by technical regulations, -

     entails a warning or fine for individuals in the amount of five, for officials, small business entities or non–profit organizations – in the amount of fifteen, for medium–sized businesses - in the amount of twenty-five, for large businesses - in the amount of fifty monthly calculation indices.

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

     entails a fine for individuals in the amount of ten, for officials, small businesses or non–profit organizations – in the amount of twenty, for medium–sized businesses - in the amount of thirty, for large businesses - in the amount of one hundred monthly calculation indices.

     3. The action (inaction) provided for in the first part of this Article, which caused a fire that caused harm to human health or significant damage, in the absence of a criminal offense, -

     entails a fine for individuals in the amount of ten, for officials, small business entities or non–profit organizations – in the amount of twenty, for medium–sized businesses - in the amount of thirty, for large businesses - in the amount of fifty monthly calculation indices.

     Note. In relation to this article, an amount exceeding fifty monthly calculation indices at the time of the commission of an administrative offense is recognized as a significant amount of damage.

     The object of the offense provided for in article 410 is fire safety (as one of the types of public safety), the rules of which are contained in various regulatory legal acts.  

     In accordance with Article 61 of the Law of the Republic of Kazakhstan dated April 11, 2014 "On Civil Protection", mandatory fire safety requirements are contained in technical regulations, fire safety rules, instructions and other regulatory legal acts of the Republic of Kazakhstan.  

     For example, the Decree of the Government of the Republic of Kazakhstan dated October 9, 2014 No. 1077 approved the Rules of fire safety. By Orders of the Minister of Internal Affairs of the Republic of Kazakhstan dated June 23, 2017 No. 438 and No. 439, the technical regulations "Safety requirements for fire equipment for the protection of facilities" and "General requirements for fire safety" were approved, respectively.  

     It should be borne in mind that violations of fire safety requirements provided for by technical regulations are not covered by this article, including in cases where fire safety requirements are contained simultaneously in technical regulations and other regulatory legal acts.  

     The objective side is illegal actions (inaction) related to violation of the requirements stipulated in various regulatory legal acts, with the exception of technical regulations. An optional element of the objective side is a place: organizations, public places, warehouses, agricultural land, dormitories, residential buildings. Under public places, in accordance with the Order of the Prosecutor General of the Republic of Kazakhstan dated September 19, 2014.  No. 89 "On Approval of the Rules for Receiving and Registering Applications and Reports of Criminal offenses, as well as maintaining a Unified Register of Pre-Trial Investigations" refers to specially equipped public areas within or outside cities and towns intended for use by the public, as well as holding mass events, services and recreation for citizens.

     Public places include:

     1) organization of education and recreation;

     2) Healthcare organizations;

     3) catering establishments;

     4) cinemas, theaters, circuses, concert, viewing and exhibition halls, sports arenas and other indoor facilities intended for mass recreation, including nightclubs and discos;

     5) Museums, libraries and lecture halls;

     6) local and long-distance trains, air, sea and river transport vessels, salons of urban and intercity buses, fixed-route taxis and urban electric transport;

     7) buildings of airports, railway, automobile and water stations, platforms of railway stations and subways;

     8) premises of government agencies and organizations that do not use access control;

     9) premises that are workplaces at facilities with access control, used by workers' collectives to work in cases of hooliganism;

     10) entrances of houses.

     The subjective side is expressed in the form of intent or carelessness.

     The subjects of the offense may be individuals, individual entrepreneurs, officials or legal entities who have committed violations or non-compliance with fire safety regulations.

     Part 2 provides for stricter liability for the action (inaction) provided for in part one of this article, committed repeatedly within a year after the imposition of an administrative penalty.

     Part 3 provides for even stricter administrative liability for violation of fire safety rules provided for in the first part of Article 410, if this caused a fire that caused harm to human health or significant damage, in the absence of a criminal offense.

     Thus, in addition to the action (inaction), the objective side of the offense in this case (when qualified under Part 3) includes consequences resulting in harm to human health or significant damage, as well as the causal relationship between the action (inaction) and socially dangerous consequences.

     An amount exceeding fifty monthly calculation indices at the time of the commission of an administrative offense is recognized as a significant amount of damage.

Authorized officials of the authorized body in the field of civil protection have the right to draw up protocols on administrative offenses provided for in Article 410 (Part 3 of Article 804).

     Cases of administrative offences provided for in Article 410 are considered by the authorized body in the field of civil protection (Part 1 of Article 686).  

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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