Commentary on Article 244. Violation of Safety Rules at Nuclear Energy Facilities of the Criminal Code of the Republic of Kazakhstan
1. Violation of safety rules during the siting, design, construction, repair or operation of nuclear energy facilities, if this could result in the death of a person or radioactive contamination of the environment –
shall be punishable by a fine in the amount of two hundred to five hundred monthly calculation indices, or in the amount of the convicted person's salary or other income for a period of two to five months, or by restriction of liberty for a period of up to three years, or by imprisonment for a period of up to three years, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or without such deprivation.
2. The same act, if it negligently results in the death of a person or radioactive contamination of the environment, or other grave consequences –
shall be punishable by imprisonment for a period of five to ten years, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or without such deprivation.
The public danger of the crime lies in the fact that violation of safety rules at nuclear energy facilities causes harm to public safety and creates a risk of radioactive contamination of the natural environment and the death of people.
The object of the crime is public safety in work involving nuclear energy facilities. The additional objects are life, health and environmental safety (land, air, water, etc.).
The objective aspect of the crime is expressed in the commission of an act involving the violation of safety rules at nuclear energy facilities during their siting, design, repair or operation, if this could result in the death of a person or radioactive contamination of the environment.
The disposition of the article under consideration is of a blanket nature. In order to qualify a crime under this article, it is necessary to establish which specific provisions of the safety rules were violated (see the Law of the Republic of Kazakhstan dated April 14, 1997, “On the Use of Atomic Energy”).
Safety rules primarily regulate the procedure for siting stationary structures that generate atomic energy in locations where they can operate under safe conditions, i.e., at a relative distance from densely populated areas, in seismologically stable zones, etc. Their siting must be coordinated with local authorities with the consent of the population.
All these requirements must also be observed at other stages. During the design process, provision is also made for the strength of all structural components capable of withstanding emergency situations, as well as the rapid containment of areas of possible radioactive contamination. The construction and operation of functioning nuclear reactors must ensure maximum safety for personnel and other persons against possible radioactive exposure. All the specified operations are clearly regulated by regulatory legal acts concerning the use of atomic energy.
Nuclear energy is a branch of the energy sector that uses atomic (nuclear) energy for peaceful and defence purposes. The foundation of nuclear energy consists of nuclear power plants (NPPs). The source of energy at an NPP is a nuclear reactor in which a controlled chain reaction takes place. Energy facilities include: nuclear installations, radiation sources, and storage facilities for nuclear materials and radioactive waste.
Siting means determining the location of a nuclear energy facility.
Design means the preparation of drawings, diagrams, models and design and estimate documentation for a nuclear energy facility.
Construction means the erection and installation of equipment at a nuclear energy facility. Repair means the elimination of malfunctions at a nuclear energy facility.
Operation means the functioning of a nuclear energy facility in the prescribed technological mode.
The crime is considered completed from the moment the danger is created, the death of a person occurs, or radioactive contamination of the environment takes place.
Radioactive contamination of the environment usually occurs as a result of a radiation accident, i.e., the loss of control over a source of ionizing radiation caused by equipment malfunction, natural disasters or other reasons.
The subjective aspect of the crime is characterized by an intentional form of guilt in the form of indirect intent, or a negligent form of guilt in the form of recklessness or negligence.
In this case, the person must be aware of the public danger of their actions, foresee the possibility of the occurrence of the specified consequences, not desire but consciously allow the occurrence of these consequences, or remain indifferent to them, or, without sufficient grounds, recklessly rely on preventing the consequences specified in the disposition. The person may fail to foresee the possibility of socially dangerous consequences arising from their actions, although, with due attentiveness and foresight, they should have and could have foreseen these consequences.
The subject of the crime may be both officials and other employees whose work is related to compliance with safety rules at nuclear energy facilities.
Part 2 of Article 244 of the Criminal Code of the Republic of Kazakhstan provides for liability for the aggravated form of this crime, which is characterized by the negligent occurrence of the death of a person, radioactive contamination of the environment, or other grave consequences.
Radioactive contamination of the environment means a significant deviation of the radiation background of land, water and air from the maximum permissible level.
Other grave consequences mean the negligent infliction of harm to the health of a large number of people, the causing of substantial material damage, disruption of the activities of organizations, enterprises and institutions, the creation of an emergency or extraordinary situation, etc.
The subjective aspect of Part 2 of Article 244 of the Criminal Code of the Republic of Kazakhstan is characterized by a negligent form of guilt.
Commentary of 2007 on the Criminal Code of the Republic of Kazakhstan by BORCHASHVILI I.Sh., Honoured Figure of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences.
Date of amendment of the act: 02.08.2007
Date of adoption of the act: 02.08.2007
Place of adoption: NONE
Body that adopted the act: 180000000000
Territorial scope of the act: 100000000000
Registration number of the regulatory legal act assigned by the rule-making body: 167
Status of the act: new
Sphere of legal relations: 028000000000
Form of the act: COMMENTARY
Legal force: 1900
Language of the act: Russian
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