Commentary on Article 294. Failure to Take Measures to Eliminate the Consequences of Environmental Pollution of the Criminal Code of the Republic of Kazakhstan
Evading the implementation or improperly carrying out decontamination or other rehabilitation measures in areas subjected to environmental pollution by persons entrusted with the obligation to carry out such measures, where such actions result in the death of a person, mass illness among people, or other consequences for the environment, —* **shall be punishable by a fine in the amount of five hundred to one thousand monthly calculation indices, or by imprisonment for a term of up to five years, with deprivation of the right to hold certain positions or engage in certain activities for the same term.
***The public danger* of the act under consideration lies in undermining the environmental security of the Republic of Kazakhstan and causing the death of a person, mass illness among people, or other consequences for the environment. *The object* of the crime is environmental security.
The additional object* is life and health. *The objective aspect* of the act under analysis consists of: a) evading the implementation of decontamination or other rehabilitation measures in areas subjected to environmental pollution; b) improperly carrying out decontamination or other rehabilitation measures in areas subjected to environmental pollution; c) consequences in the form of causing the death of a person, mass illness among people, or other consequences for the environment; d) a causal link between the act and the consequences that have occurred. Decontamination should be understood as the removal of radioactive contamination from the surfaces of various objects and structures.
Decontamination may be partial or complete. In partial decontamination, the level of radioactive contamination is merely reduced; in complete decontamination, the contamination is reduced to such a level that external exposure and the likelihood of harm resulting from radioactive substances coming into contact with the skin or entering the body become minimal. The crime is deemed completed from the moment the consequences specified in the disposition of the Article occur. *From the subjective aspect,* the act is characterized by indirect intent.
*The subject* is a special subject, namely, a person who is entrusted with the obligation to carry out decontamination or other rehabilitation measures in areas subjected to environmental pollution. The crime provided for in Article 294 belongs to the category of crimes of medium gravity.**Commentary of 2007 on the Criminal Code of the Republic of Kazakhstan by I.Sh. Borchashvili, Honored Figure of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences  **Date of amendment of the legal act: 02.08.2007 Date of adoption of the legal act: 02.08.2007 Place of adoption: NONE Body that adopted the legal act: 180000000000 Registration number of the regulatory legal act assigned by the law-making body: 167 Status of the act: new Scope of legal relations: 028000000000 Form of the act: COMMENTARY Legal force: 1900 Language of the act: rus
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