Comment to article 585. Violation of the rules of loading, unloading and warehousing of goods in river ports and marinas The Code of the Republic of Kazakhstan on Administrative Offences
1. Violation of technical conditions for loading, unloading and warehousing of goods in river ports and marinas, technical conditions for securing goods in a ship, failure to issue an act of loading (unloading) cargo -
they entail a warning.
2. The actions provided for in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -
They entail a fine in the amount of two monthly calculation indices.
Since 2018, the commented article has been significantly amended on the basis of the Law of the Republic of Kazakhstan dated December 28, 2017 No. 127 "On Amendments and Additions to the Code of the Republic of Kazakhstan on Administrative Offenses". Firstly, in the first part, in order to humanize legislation and reduce the repressiveness of sanctions, an administrative penalty was replaced with a warning instead of an administrative fine. Secondly, part two of the article was supplemented with a qualifying sign of the repetition of a similar administrative offense.
The general object of the offense of the commented article is the social and legal relations that arise when observing the rules that ensure the safety of ship operation, river ports and marinas.
The objective side of the offense provided for in part 1 of the article in question is expressed by illegal actions (omissions) in the form of:
1)violation of technical conditions for loading, unloading and warehousing of goods in river ports and marinas,
2) violation of the technical conditions for securing cargo in the vessel;
3) non-execution of the act of loading (unloading) the cargo.
A port is a complex of structures located on a land plot and water area of inland waterways, equipped and equipped for the purpose of servicing passengers and ships, loading, unloading, receiving, storing and delivering goods, and interacting with other modes of transport.
A marina is a specially equipped berthing place for river vessels on inland waterways. The marina is designed for cargo operations, passenger boarding and disembarkation, etc. It usually has two berths. Marinas can be stationary or floating (landing stages), connected by a shore and a ramp.
Paragraph 3 of the Rules for the Carriage of Passengers, Baggage and Cargo by Inland Waterway, approved by the Order of the Minister of Investment and Development of the Republic of Kazakhstan dated February 23, 2016 No. 219, provides for the procedure for loading and unloading cargo. Cargo is loaded into and unloaded from ships at the berths of ports (marinas). In accordance with the cargo transportation agreement, the shipper presents the cargo for loading onto the ship at the appointed time. Upon receipt of cargo for loading (unloading), the owner of the port (pier) draws up an act of loading (unloading) cargo of any shape, cargo loading is carried out in accordance with the technical conditions for loading cargo and securing it in the vessel.
Cargo is placed and secured on ships in accordance with the technical conditions of cargo transportation, counting places and securing cargo in ships. Technical specifications are understood as the transport marking of cargo, consisting of basic, additional, informational and manipulation signs indicating the methods of handling and the specifics of transportation. After the end of loading onto the ship, the representatives of the shipper and the shipowner certify with their signature the mark on the front side of the consignment note as follows: "The cargo has been loaded and placed on the ship with the participation of the shipper in accordance with the Technical Specifications."
The cargo is delivered by one waybill to the warehouse of the port (marina) within one calendar day. Delivery of cargo for a longer period of time is allowed by agreement with the carrier. At points where there are no port berths (marinas), cargo is accepted for transportation by the ship's captain on board the vessel. Carriers accept cargoes for transportation with the condition of their storage in warehouses of ports (marinas) and in ships at departure points or at transshipment points before the opening of navigation. In the bill of lading for goods accepted for carriage before the opening of navigation, in addition to the calendar stamp, a note is made: "The cargo is accepted under the conditions of storage and shipment after the opening of navigation."
Transportation documents include a bill of lading, a bill of lading (issued on the basis of the bill of lading) and a receipt for accepting cargo for transportation. The bill of lading is the main transportation document presented by the shipper along with the cargo. The bill of lading is filled in by the shipper for each shipment sent to one recipient and one destination.
A separate bill of lading is issued for each type of cargo.:
1) perishable goods;
2) goods, the storage of which, by their properties, is not allowed with other goods;
3) bulk or bulk cargoes with tarn-piece cargoes.
The bill of lading is filled in with a ballpoint pen or fountain pen in black or blue, or using a printing device, and is signed by the shipper, carrier, and recipient or their representatives. Corrections, erasures and blots are not allowed when filling out the bill of lading. Changes and additions to the information entered into the waybill by the carrier after the receipt of acceptance of the cargo for carriage is issued to the shipper are certified by the carrier's signature and calendar stamp.
In accordance with the cargo transportation agreement, the shipper presents the cargo for loading onto the ship at the appointed time. Upon receipt of cargo for loading (unloading), the owner of the port (pier) draws up an act of loading (unloading) cargo of any shape, cargo loading is carried out in accordance with the technical conditions for loading cargo and securing it in the vessel.
The objective side of Part 2 of the commented article is characterized by the actions (omissions) provided for in the first parts of this article, committed repeatedly within a year after the imposition of an administrative penalty.
The subject of an administrative offense in all parts of this article is the persons responsible for observing the conditions of loading, unloading and warehousing of goods in river ports and marinas, as well as the technical conditions for securing goods in a vessel.
The subjective side of all parts of the commented article can be expressed in the form of direct intent or a careless form of guilt.
They have the right to draw up protocols on administrative offenses and impose administrative penalties for administrative offenses in all parts of the analyzed article.:
1) the head of the transport control body and his deputies, heads of territorial transport control bodies and their deputies (paragraph 1, part 2, art. 691 of the Administrative Code);
2) authorized officials of the transport control authorities (paragraph 2, Part 2, Article 691 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.);
Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);
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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