Commentary to article 245. Violation of safety rules during mining or construction work of the Criminal Code of the Republic of Kazakhstan and the Criminal Code of the Republic of Kazakhstan

     1. Violation of the safety rules for mining or construction work, if this negligently caused serious or moderate harm to human health., —      

is punishable by a fine in the amount of five hundred to one thousand monthly calculation indices or in the amount of the convicted person's salary or other income for a period of five to ten months, or correctional labor for up to 2 years, or restriction of liberty for up to three years, or imprisonment for the same period with deprivation of the right to hold certain positions. or engage in certain activities for a period of up to three years or without it.      

2. The same act that negligently caused the death of a person or other grave consequences. –      

is punishable by imprisonment for a term of up to six 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 public danger of a crime lies in the fact that violation of safety rules during mining and construction work can lead to numerous human casualties and major material damage, since mining and construction work are dangerous industries.      

The object of the crime is public safety in the field of mining or construction work. An additional object is the life and health of people, property.      

The objective side of the crime is expressed in the commission of an action or omission related to a violation of safety rules during mining or construction work, if this negligently caused serious or moderate harm to human health.     

The crime is considered completed from the moment of causing serious or moderate harm to human health by negligence.      

A mandatory feature of a crime is the causal relationship between the relevant violations of the rules and the occurrence of these consequences.      

The disposition of art.245 of the Criminal Code of the Republic of Kazakhstan is blank. To identify specific signs of a criminal act, it is necessary to refer to special safety rules when conducting mining or construction work.      

Safety rules for work are understood as regulations governing the harmless placement, design, construction, installation, repair and operation of various facilities.      

Mining operations should be understood as the entire complex of works on the construction, reconstruction and operation of mines and open pits, excavation of rocks, their transportation, all types of drilling operations, safety of operation of drilling rigs for oil and gas production.      

Construction works should be understood as the entire complex of works on the construction and reconstruction of industrial, agricultural, residential and administrative buildings and structures. Construction works include excavation, stone, concrete, installation and dismantling, insulation, electrical installation, finishing, sanitary, loading and unloading and others carried out on construction sites, as well as outside construction sites related to the repair and laying of communication lines, power grids, communications.      

A violation of the safety of mining operations can be expressed in the failure to provide ventilation of the stopes, in improper fastening in lavas, in the absence of fences for sinkholes, etc.      

Violation of the safety rules of construction works may consist in violation of construction technology, in the quality of preparation of building materials (for example, in the manufacture of concrete, mortar for masonry), construction work without appropriate projects, non-compliance with safety regulations at construction sites (poor fencing of construction sites), failure to provide workplaces with protective equipment, etc.      

Violation of safety rules during mining or construction work may involve violation of general labor protection rules (art.152 of the Criminal Code of the Republic of Kazakhstan), violation of safety at explosive facilities (art.246 of the Criminal Code of the Republic of Kazakhstan), violation of fire safety rules (art.256 of the Criminal Code of the Republic of Kazakhstan).      

A real combination of these crimes is possible if a person has violated different rules at the same time.      

The subject of the crime may be a person who has reached the age of 16. These can be officials (chief engineer, chief mechanic, foreman), as well as other persons who, by their occupation, are required to comply with these rules (excavator operator, worker, etc.).      

The subjective side is characterized by careless guilt, which is explicitly stated in the Law on Negligent Infliction of Serious or Moderate Harm to Health.      

The act provided for in Part 1 of Article 245 of the Criminal Code of the Republic of Kazakhstan, which negligently caused the death of a person or other grave consequences, acts as qualifying signs.      

Other grave consequences should be understood as causing serious or moderate harm to two or more persons, causing major material damage to organizations, enterprises or citizens.

Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.                  

Date of amendment of the act:  08/02/2007 Date of adoption of the act:  08/02/2007 Place of acceptance:  NO Authority that adopted the act: 180000000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  167 Status of the act:  new Sphere of legal relations:  028000000000 Report form:  COMM Legal force:  1900 Language of the Act:  rus

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