Commentary on Article 393. Violation of the Rules of Navigation of Ships of the Criminal Code of the Republic of Kazakhstan
Violation of the rules governing the navigation or operation of military ships, which through negligence results in the death of a person or other grave consequences, — shall be punishable by imprisonment for a term of three to ten years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
The social danger of this act lies in the fact that it threatens the life and health of people, reduces the combat readiness and combat capability of the Naval Forces of the Republic of Kazakhstan, and consequently the country's defense capability, and leads to the disruption of military operations and the implementation of adopted decisions.
The immediate object of this crime is the established rules ensuring the safety of people, property and equipment during the navigation or operation of military ships.
Military naval vessels include aircraft carriers, submarines, torpedo boats and other watercraft propelled by engines, sails or the muscular energy of crew members (rowing boats), which are in service with the Armed Forces of the Republic of Kazakhstan.
Navigation of military ships should be understood as the control of a military naval vessel during its movement, from the moment it weighs anchor (casts off its mooring line) until the vessel comes to a complete stop and is moored at a pier or anchored. These rules are governed by the Naval Regulations of the Navy, as well as other manuals, instructions and orders.
The rules governing the operation of military ships mean the procedure established by regulatory legal acts, which ensures the safety of the vessel's navigation, the use of the vessel's combat equipment, the loading and unloading of the vessel, and the procedure for carrying out a set of measures to ensure safe navigation and other work aboard the vessel, including measures to ensure the vessel's survivability.
The objective element of the crime is characterized by a violation of the rules governing the navigation or operation of military ships, which through negligence results in the death of a person or other grave consequences, as well as a causal relationship between the violation and the consequences.
The nature of the violations must be determined by the requirements of legal provisions that should have been complied with in a particular situation.
Violations of the rules governing the navigation and operation of military ships may be expressed in failure to comply with established requirements when controlling a vessel or operating its individual mechanisms. Thus, unlawful changes to its course and speed, violations of the rules governing the towing and escorting of ships, and failure to take measures to ensure the vessel's survivability under conditions threatening its loss, for example, the vessel being at sea at night with defective navigation lights, and so forth, fall under the elements of this criminal act.
A violation of the rules of ship navigation occurs when the negligent death of a person or other grave consequences ensue, since the occurrence of grave consequences through negligence is a mandatory element of the constituent elements of this crime.
The consequences that have occurred must be causally connected to the violations of the rules of ship navigation that were committed. If the consequences that have occurred are not connected to a violation of the rules of ship navigation, then the elements of this crime are absent.
Other grave consequences should be understood to include a shipwreck, damage to port facilities, causing harm to the health of a significant number of people, and similar consequences.
The crime is considered completed from the moment of the death of at least one person or the occurrence of other grave consequences.
The subjective element is characterized by a negligent form of guilt in the form of recklessness or negligence.
In the case of recklessness, the guilty person who has violated the rules of ship navigation either is aware of the violation but frivolously relies on preventing the harmful consequences, or is unaware of the violation but, under the circumstances, should and could have foreseen these consequences.
In the case of negligence, the guilty person is unaware that their actions (inaction) are contrary to the requirements of the rules of ship navigation and therefore does not foresee the possibility of the consequences occurring, although, with a proper attitude towards the performance of their military service duties, they should and could have foreseen them.
The rules that the guilty person is obliged to master must be known to that person.
The subject is special, namely, the ship's commander and other military personnel whose duties include compliance with the rules governing the navigation or operation of military ships that have been entrusted to them for the performance of their assigned official duties or combat missions.
The crime provided for in Article 393 of the Criminal Code of the Republic of Kazakhstan is classified as a crime of medium severity.
Commentary dated 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 act: 02.08.2007Date of adoption of the act: 02.08.2007Place of adoption: NONEBody that adopted the act: 180000000000Territorial scope of the act: 100000000000Registration number of the normative legal act assigned by the rule-making body: 167Status of the act: newScope of legal relations: 028000000000Form of the act: COMMENTARYLegal force: 1900Language of the act: Russian
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases Declaration Decree Order Resolution Decision Report Conclusion Statement Conclusion Convention Contract Memorandum Methodology Norms Note Rules Program Charter Charter Article Commentary Resolution Regulations Protocol Draft Program Rules Messages
