Comment to Article 427. Violation of the requirements of technical security of facilities and premises in the sphere of trafficking in narcotic drugs, psychotropic substances, precursors The Code of the Republic of Kazakhstan on Administrative Offences
1. Violation of the requirements of technical security of facilities and premises in the sphere of trafficking in narcotic drugs, psychotropic substances, precursors -
entails a fine for officials 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, with the suspension of the activities of the legal entity.
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 officials in the amount of one hundred and seventy-five, for medium-sized businesses - in the amount of three hundred and fifty, for large businesses - in the amount of two thousand monthly calculation indices, with the prohibition of the activities of a legal entity.
The object of the offense provided for in part 1 of Article 427 is public safety in the field of technical fortification of facilities and premises related to trafficking in narcotic drugs, psychotropic substances, and precursors.
Separate requirements concerning the technical security of facilities and premises in the sphere of trafficking in narcotic drugs, psychotropic substances, and precursors are contained in the Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated April 11, 2015 No. 334 "On Approval of the Rules for the Use of facilities and premises in the sphere of trafficking in narcotic drugs, psychotropic substances, and their precursors."
Facilities and premises in the sphere of trafficking in narcotic drugs, psychotropic substances, and precursors are divided into three groups:
1) the first group includes enterprises producing narcotic drugs and psychotropic substances, pharmacies, testing laboratories, research institutes, wholesale trade enterprises, and healthcare entities engaged in trafficking in narcotic drugs and psychotropic substances;
2) the second group includes facilities for the cultivation and harvesting of narcotic plants;
3) the third group includes enterprises that produce and/or wholesale precursors, as well as use them in their production activities.
Earlier, paragraph 3 of the Resolution of the Government of the Republic of Kazakhstan dated November 9, 2011 No. 1312 "On approval of the Rules for the use of facilities and premises in the sphere of trafficking in narcotic drugs, psychotropic substances and precursors" (the Resolution became invalid) contained a provision stating that facilities and premises are allowed to be used in the sphere of trafficking in narcotic drugs, psychotropic substances, precursors, provided they meet the requirements of technical security. The annex to this Resolution contained the requirements for technical fortification applied to facilities of all three groups. The requirements affected the thickness of walls, the placement of window openings and doors, the fencing of territories and many other issues.
Currently, such requirements are not legally fixed. According to the explanations of the Minister of Internal Affairs of the Republic of Kazakhstan, the requirements for the technical strengthening of facilities and premises used for the storage of narcotic drugs, psychotropic substances and precursors are established in an independent form by the owner of the facility or premises in coordination with the security organization.
The objective side of this offense is expressed in actions or omissions that violate the legally established requirements for strengthening facilities and premises in the field of trafficking in narcotic drugs, psychotropic substances and precursors (for example, retrofitting or redevelopment, leading to a violation of the strength or destruction of the supporting structures of the building, deterioration of the safety and appearance of facades, violation of fire safety standards).
On the subjective side, the offense is characterized by intent or negligence.
The subject of the offense is an official, an individual entrepreneur, or a legal entity (business entity).
Part 2 provides for increased liability for violations of the above requirements committed repeatedly within a year after the imposition of an administrative penalty.
Officials of the internal affairs bodies have the right to draw up protocols on administrative offenses provided for in article 427 (subclause 1 of part 1 of Article 804).
Cases of administrative offences provided for in article 427 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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