Comment to Article 621. Violation of the rules of transportation of dangerous substances or objects on transport of the Code of the Republic of Kazakhstan On Administrative Offenses  

     1. Violation of the rules of transportation of dangerous substances or hand luggage on railway transport - entails a warning or a fine in the amount of one monthly calculation index.

     2. Violation of the rules for the transportation of dangerous substances or objects on sea and river transport, as well as failure by officials to fulfill their duties to register transactions with dangerous substances or objects in relevant documents, making incorrect entries or unlawfully refusing to present such documents to the relevant officials -

     they entail a warning or a fine in the amount of ten monthly calculation indices.

     3. Violation of the rules of transportation of dangerous substances or objects on aircraft -

     entails a fine in the amount of ten monthly calculation indices with confiscation of the specified substances and objects.

     4. Transportation of explosive substances or objects in buses, trams, trolleybuses, and minibuses, as well as their transfer to luggage or a storage room on vehicles -

     they entail a fine in the amount of three monthly calculation indices.

     The general object of the administrative offense under consideration is the social relations that arise during transportation by rail, public urban and suburban transport.

     The protection of public order and ensuring public safety in railway, air and water transport are carried out by specialized linear police agencies. However, according to the departmental order of the Ministry of Internal Affairs of the Republic of Kazakhstan No.212 dated April 6, 212 "On approval of the List of facilities serviced by ATS in transport", territorial ATS (including employees of the local police service) can service leased railway transport facilities, as well as those located outside the boundaries designated for ATS in transport.  

     In accordance with Article 688 of the Civil Code of the Republic of Kazakhstan, transportation of goods, passengers and baggage is carried out on the basis of a contract of carriage.The general conditions of carriage are determined by legislative acts on transport, other legislative acts and rules issued in accordance with them.  

     According to paragraph 33 of Article 1 of the Law of the Republic of Kazakhstan dated December 8, 2001 No. 266 "On Railway Transport", dangerous goods are goods that, due to their inherent properties, can cause death, injury or illness of people, animals, explosion, fire, damage or destruction of property, as well as harm the environment.

     Hand luggage on railway transport refers to personal items carried by a passenger in a carriage without payment, in weight and dimensions not exceeding the prescribed dimensions.

     Dangerous goods include substances that, under conditions of transportation or storage, can cause an explosion, fire, poisoning or burns to people and animals, as well as damage to baggage and rolling stock, the transportation and storage of which requires special conditions and precautions.

     Dangerous substances are divided into the following categories according to the nature of the danger:

     1) substances capable of forming explosive mixtures;

     2) compressed and liquefied gases;

     3) flammable substances.

     The objective side of the offense provided for in paragraph 1 of this Article is expressed in illegal actions (inaction) that violate the requirements of the rules for the transportation of dangerous goods by rail.

     The disposition of this norm is a blank one, since it does not mention the signs of the offenses themselves. The list of restrictive regulations is contained in the Law "On Railway Transport".

     According to paragraph 5 of Article 30 of the Law of the Republic of Kazakhstan dated December 8, 2001 No. 266 "On Railway Transport", the shipper, the sender, the recipient receiving dangerous goods, as well as the carrier transporting dangerous goods, are required to ensure the safety of their transportation, have the means and mobile units necessary to eliminate emergencies and their consequences (including under the contract). In the event of an emergency during the transportation of dangerous goods, participants in the transportation process are required to ensure that these units are immediately dispatched to the scene of the incident.

     The implementation of the basic requirements of the law is provided for by the Order of the Acting Minister of Investment and Development of the Republic of Kazakhstan dated March 26, 2015 No. 334 "On approval of Safety Rules for railway transport".  

     The procedure for the transportation of dangerous goods by rail is regulated by the rules for the transportation of passengers, baggage, cargo, baggage and mail, approved by Order No. 545 of the Minister of Investment and Development of the Republic of Kazakhstan dated April 30, 2015. Dangerous substances are transported in baggage wagons. They are accepted according to the issued travel documents, indicating for individuals: last name, first name and patronymic, home address; for legal entities: last name, first name, patronymic of the authorized person to sign the transportation documents, address. It is allowed to transport new empty, uncharged gas cylinders for domestic use with confirmation that the cylinders are new, have not been in use and have no residual pressure.

     Baggage wagons with dangerous substances, after unloading, along with the equipment, are sent according to the full transportation documents to the home station. Dangerous substances are presented for transportation in containers specified by the relevant specifications. Dangerous substances in glass containers are packed in special boxes or baskets with filling of free spaces with soft packing material (shavings, straw).

     On each packaged place with a dangerous substance (on the lid and on one of the sides), the sender sticks a label about the danger of the substance. When packaging dangerous substances of different categories together, labels corresponding to each category are affixed. The consignment note for the carriage of a dangerous substance indicates the exact name of the substance. When dangerous substances of different categories are packaged together, stamps corresponding to each category of jointly packaged substances are affixed. When loading and unloading dangerous substances, it is necessary to ensure that there is no damage. In case of damage, measures are taken to remove the damaged area, as well as to clean up the scattered or spilled substances.

     The objective side of part 2 of the commented article is expressed in the form of illegal actions (omissions) committed on sea and river transport, namely:

     1) violation of the rules of transportation of dangerous substances or objects;

     2) failure by officials to fulfill their duties to register transactions with dangerous substances or objects in the relevant documents;

     3) making incorrect entries in the documents of operations with dangerous substances or objects;

     4) illegal refusal to present documents of operations with dangerous substances or objects to the relevant officials.

     The legal grounds for the transportation of dangerous goods are contained in Article 59 of the Law of the Republic of Kazakhstan dated July 6, 2004 No. 574 "On Inland Waterway Transport". The shipper, the consignee, the dispatchers and recipients of dangerous goods, as well as the carrier carrying out the transportation of dangerous goods, are obliged to ensure the safety of their transportation, have the necessary facilities and mobile units necessary to prevent the occurrence of emergency situations and (or) eliminate their consequences (including under the contract of carriage). In the event of an emergency during the transportation of dangerous goods, carriers, shippers, and consignees are required to ensure that these units are immediately dispatched to the scene of the incident.

     The mechanism of transportation of dangerous goods by water transport is contained in the Rules for the Transportation of Dangerous Goods approved by the Order of the Minister of Investment and Development of the Republic of Kazakhstan dated April 30, 2015 No. 548.  

     Transportation of dangerous goods is allowed both indoors and on the deck of the vessel. Dangerous goods are transported only on deck in cases where constant monitoring or access to the cargo is required, and there is a risk of the formation of mixtures of explosive gases, toxic fumes or invisible corrosion. In all cases, they must be separated:

     1) flammable substances from substances that can explode if they enter the fire zone;

     2) oxidizing and other substances contributing to gorenje or causing it, from flammable and combustible substances;

     3) any substance with toxicity from all food products.

     Dangerous goods emitting explosive, flammable, poisonous and corrosive gases or vapors must be placed in gas-tight spaces of the vessel with autonomous intensive ventilation.

     On the transportation documents accompanying dangerous goods, red stamps with the words "Dangerous" are affixed in the upper right part and, depending on the hazard characteristics of the cargo: "Poison", "Non-flammable compressed gas", "Non-flammable liquefied gas", "Ignites", "Flammable liquid", "Flammable gas", "Flammable liquefied gas", "Flammable liquid gas", "Oxidizer", "Caustic substance", "Ignites from water", "Poisonous gas", "Liquefied gas", "Self-ignites", "Organic peroxide", "Liquid gas". If the dangerous cargo has two or more types of danger, then two or more danger labels are applied, respectively.

     The objective side of part 3 of the analyzed article is expressed by one qualifying feature in the form of violations of the rules for the transportation of dangerous substances or objects on aircraft.

The rules of cargo transportation by air were approved by the Order of the Minister of Investment and Development of the Republic of Kazakhstan dated April 30, 2015 No. 540. Unfortunately, the procedure for transporting dangerous goods by air is not defined by this regulatory legal act, and there is no independent legal act regulating such a mechanism.

     The list of dangerous substances and items prohibited to passengers for transportation on civil aircraft was approved by Resolution of the Government of the Republic of Kazakhstan dated March 31, 2011 No. 317 and is intended for use as instructional material in order to exclude the carrying on board of civil aircraft. Dangerous substances prohibited for carriage on aircraft are classified according to the following types:

     1) dangerous substances and objects that, during transportation, are capable of harming or endangering human life and health, flight safety or property;

     2) dangerous substances and items prohibited for carriage in hand luggage and baggage;

     3) dangerous substances and items prohibited for carriage in hand luggage and in the baggage compartment accessible to passengers;

     4) dangerous substances and items prohibited for carriage in hand luggage: liquids in containers with a capacity of more than 100 ml.

     5) substances and liquids of unknown composition that do not have factory packaging, a corresponding technical data sheet and certificate.

     Since there are no rules for the transportation of dangerous substances by air, administrative liability should also be abolished. You can't break Rules that don't exist. Passengers of aircraft will not be able to bring dangerous and prohibited substances on board the aircraft after the inspection of hand luggage and baggage. The responsibility of the carrier should be attributed to the sphere of civil and disciplinary liability.

     The objective side of the offense provided for in paragraph 4 of this Article is expressed in illegal actions (inaction).:

     1) transportation of explosive substances or objects by bus, tram, trolleybus, minibus;

     2) check-in of such items in luggage or in a storage room on a motor vehicle.

     In accordance with Article 37 of the Law of the Republic of Kazakhstan dated July 4, 2003 No. 476 "On Road Transport", dangerous goods are any substances, materials, products, waste from industrial and other activities that, due to their inherent properties, may cause an explosion, fire or damage during transportation, loading and unloading and storage. technical means, devices, buildings and structures, as well as deaths, injuries and diseases of people, animals, harm the environment.

     The procedure for transporting items by road is regulated by the Rules for Transporting Passengers and luggage by Road, approved by the Order of the Acting Minister of Investment and Development of the Republic of Kazakhstan dated March 26, 2015 No. 349. In accordance with these Rules, passengers traveling on the routes of regular urban (rural) and suburban automobile transportation of passengers and luggage excludes the transportation of flammable, explosive, toxic, flammable, poisonous, caustic and fetid substances, firearms without covers and accompanying documents, as well as items and things prohibited for transportation, in accordance with the legislation of the Republic of Kazakhstan.

     When traveling on inter-district (intercity, intra-regional) routes, automobile transportation of passengers and luggage, the transportation of flammable, explosive, toxic, flammable, poisonous, caustic and fetid substances, firearms without covers and accompanying documents, as well as objects and things that cause damage (contamination or damage) to passengers or equipment or equipment is excluded. inside the bus. It is forbidden to take into storage items that, by their properties, pollute or harm the belongings of other passengers, as well as flammable, explosive, toxic, poisonous, caustic and fetid substances.

     The subject of the offense in all parts may be individuals who have violated the rules for the transportation of dangerous substances.

     The subjective side is expressed in all parts in an intentional or careless form of guilt.

     The sanction of parts 1 and 2 of the article provides for two types of administrative penalties:

     1)Warning;

     2) an administrative fine.

     But arbitrary choice of punishment is unacceptable. When making a decision to impose an administrative penalty under the commented article, the above-mentioned officials must take into account the requirements of part 2 of Article 43 of the Administrative Code, which states that "In the absence of circumstances provided for in Article 57 and the note to Article 366 of this Code, the court (judge), the body (official) imposing the administrative penalty is obliged to apply a warning provided for in the relevant article of the Special Part of this Code."

     They have the right to impose administrative penalties on the commented article.:

     1) in terms of arbitrations - judges of specialized district and equivalent administrative courts (Part 1 of Article 684 of the Administrative Code);

     2) according to parts one, two and four - chairmen of committees and heads of departments of the Ministry of Internal Affairs, heads of territorial internal affairs bodies, administrative divisions, migration police, local police service of the region, the city of republican significance, the capital, their deputies (paragraph 1 of part 2 of Article 685 of the Administrative Code);

     3) in part two - heads of departments, police departments, administrative divisions, migration police, local police service of the district (city, district in the city) and their deputies (paragraph 2 of part 2 of Article 685 of the Administrative Code);

     4) according to parts one and four - employees of the internal affairs bodies (police) with special ranks (paragraph 4 of part 2 of Article 685 of the Administrative Code);

     5) according to parts one, two and four - the transport control authorities (part 1 of art. 691 of the Administrative Code), namely:

     - in parts one, two and four - the head of the transport control body and his deputies, heads of territorial transport control bodies and their deputies (paragraph 1 of part 2 of Article 691 of the Administrative Code);

     - according to parts one, two and four - authorized officials of the transport control authorities. Moreover, the size of the fine imposed by these officials may not exceed twenty monthly calculation indices (paragraph 2 of part 2 of Article 691 of the Administrative Code);

     6) according to parts one and two - the head of the state body in the field of sanitary and epidemiological welfare of the population, his deputies, heads of territorial divisions and their deputies (art. 701 of the Administrative Code);

     7) part four, when an administrative offense is committed at automobile checkpoints and other places where goods are transported across the State border of the Republic of Kazakhstan - heads of state revenue bodies and their deputies (Part 3 of Article 720 of the Administrative Code);

     8) according to parts one, two and four – military police bodies (art. 721 of the Administrative Code).

     They have the right to initiate proceedings on administrative offenses provided for in the commented article.:

     1) under part 3 – internal affairs bodies (paragraph 1, part 1, Article 804 of the Administrative Code);

     2) under Part 3 - military police bodies of the Armed Forces of the Republic of Kazakhstan on offenses committed by military personnel, conscripts, conscripts, and persons driving vehicles of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan (paragraph 4, Part 1, Article 804 of the Administrative Code);

     3) according to Part 3 - military police bodies of the National Security Committee of the Republic of Kazakhstan on offenses committed by persons driving vehicles of special state bodies (paragraph 5, Part 1, Article 804 of the Administrative Code);

     4) according to Part 3 - military police bodies of the National Guard of the Republic of Kazakhstan on offenses committed by military personnel and conscripts called up for training (paragraph 6, Part 1, Article 804 of the Administrative Code);

     5) in part 3 - bodies that are licensors or authorized to issue permits of the second category in accordance with the law (paragraph 34 of Part 1 of Article 804 of the Administrative Code);

     6) in part four - officials of the authorized body in the field of transport and communications (paragraph 1, part 3, Article 804 of the Administrative Code).

     According to part 2 of Article 812 of the Administrative Code, the case of an administrative offense provided for in Article 621 of the Administrative Code may be considered not only at the place of its commission, but also at the place of registration of the vehicle or at the place of residence of the person against whom proceedings on an administrative offense are being conducted.

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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