Commentary on Article 336. Violation of the Rules for the Protection of Fish Stocks of the Criminal Code of the Republic of Kazakhstan
1. Violation of the rules for the protection of fish stocks during the construction of bridges and dams, the performance of blasting or other operations, or the operation of water intake facilities or pumping mechanisms, if such an act has resulted in or could have resulted in the mass death of fish or other aquatic animals, -
shall be punishable by a fine in an amount of up to one hundred and sixty monthly calculation indices, or corrective labour in the same amount, or community service for a period of up to one hundred and sixty hours, or arrest for a period of up to forty days, with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to two years.
The public danger of violating the rules for the protection of fish stocks lies in undermining environmental safety and causing damage to the animal and plant world.
The object of the criminal misdemeanour is environmental safety, ensured through the protection, use and reproduction of fish stocks, other aquatic animals or commercial plants, as well as the maintenance of their ecologically necessary population levels.
The subject matter of this criminal misdemeanour is fish stocks; however, in practice, criminal law protection extends to fish, other aquatic animals, food resources and other factors determining the preservation or improvement of the living conditions of fish, other aquatic animals and their habitats.
The objective side of the criminal offence under consideration consists of actions involving the violation of the rules for the protection of fish stocks during the construction of bridges and dams, the performance of blasting or other operations, or the operation of water intake facilities or pumping mechanisms, provided that such an act has resulted in or could have resulted in the mass death of fish or other aquatic animals, as well as the causal relationship between these actions and the consequences.
The rules for the protection of fish stocks must be of a special nature and apply during the technological processes and operations specified in the disposition of this Article. Examples include rules governing waste disposal during timber processing, the performance of certain types of timber rafting, and the conduct of blasting operations in various types of water bodies.
Fishing rules, fishing objects, the procedure for assigning fishery water bodies and (or) areas for conducting fish farming and fishing, and the provision of fish resources and other aquatic animals are established by the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of wildlife.
Under the general-use procedure for wildlife, individuals are permitted, in cases provided for by the legislation of the Republic of Kazakhstan, to engage in free recreational (sport) fishing in the reserve fund of fishery water bodies and (or) areas, up to five kilograms per angler per fishing trip. At the same time, the established rules, standards, restrictions and prohibitions in the field of wildlife protection, reproduction and use must be observed.
Hydromelioration works in wetlands and in the habitats and distribution areas of fish resources and other aquatic animals shall be carried out with the permission of the authorised state body in the field of wildlife protection, reproduction and use, following the completion of a state environmental assessment of the relevant activity projects (Paragraph 3 of Article 251 of the Environmental Code).
Certain environmental requirements apply to the conduct of fish farming: rational use of wildlife objects, prevention of deterioration of the ecological condition of animal habitats as a result of one's own activities, and application of environmental protection technologies during production processes.
Article 336 of the Criminal Code lists types of work that may be particularly dangerous to fish stocks. The list provided in the disposition of this criminal misdemeanour is open-ended: in addition to the construction of bridges and dams and the performance of blasting or other operations, it may also include the operation of water intake facilities or pumping mechanisms in water bodies.
Socially dangerous consequences must arise as a result of violating the rules for the protection of fish stocks, where such an act has resulted in or could have resulted in the mass death of fish or other aquatic animals.
The mass death of fish or other aquatic animals is understood as the destruction of a large number of fish (schools, etc.) or other aquatic animals within a certain territory, living in a state of natural freedom, where their mortality rate exceeds the statistical average by more than three times.
By its structure, the composition of the criminal misdemeanour is material-formal, meaning that it is recognised as a material offence when the mass death of fish or other aquatic animals occurs and, accordingly, is recognised as a formal offence and considered completed in cases where, upon violation of the rules for the protection of fish stocks, harmful consequences have not occurred but could have resulted in the mass death of fish or other aquatic animals.
From the subjective side, the criminal offence is committed with indirect intent (see the analysis of the environmental crime provided for in Part 1 of Article 324 of the Criminal Code).
The subject of the criminal offence is a sane individual who has reached the age of sixteen.
The act provided for in Article 336 of the Criminal Code is classified as a criminal misdemeanour.
Commentary of 2021 on the Criminal Code of the Republic of Kazakhstan, by Isidor Shamilovich Borchashvili, Honoured Figure of Kazakhstan, Doctor of Law, Professor, Academician of the National Academy of Natural Sciences of Kazakhstan, Member of the Scientific Advisory Councils under the Constitutional Council of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan, Member of the Working Group on the Reform of the Law Enforcement System under the Security Council of the Republic of Kazakhstan, Honoured Employee of the Ministry of Internal Affairs of the Republic of Kazakhstan.
Constitution Law Code Regulatory Decree Order Decision Resolution Lawyer Almaty Lawyer Legal Services Legal Consultation Civil Criminal Administrative Cases and Disputes Defence Arbitration Legal Company of Kazakhstan Law Office Court Cases Declaration Decree Order Resolution Decision Report Conclusion Application Conclusion Convention Contract Memorandum Methodology Norms Note Rules Programme Charter Charter Article Commentary Resolution Regulations Protocol Draft Programme Rules Messages
