Commentary to article 246. Violation of safety rules at explosive facilities of the Criminal Code of the Republic of Kazakhstan and the Criminal Code of the Republic of Kazakhstan
1. Violation of safety regulations at explosive sites or in explosive workshops, if this could lead to the death of a person or serious consequences., -
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 two 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 caused the death of a person or serious consequences, -
is punishable by restriction of liberty for a term of up to five years, or by imprisonment for a term of up to six years.
The public danger of a crime lies in the fact that a violation of safety rules at these facilities can lead to numerous human casualties and major material damage.
Facilities (enterprises, workshops) are considered explosive (hazardous production facilities) if the technological processes in them are associated with the use of substances in solid, liquid or gaseous form that, when reaching a certain concentration level, are capable of spontaneous explosion under the influence of external factors (shock, spark, elevated temperature, etc.). These include, in particular, facilities where flammable, oxidizing, combustible, and explosive substances are obtained, used, processed, stored, and destroyed.
The object of this crime is public safety in the field of explosive work. An additional object is human life and health, property, and economic security.
The objective side of the crime is characterized by both an action that directly contradicts the requirements established in regulatory legal acts, and inaction, expressed in non-compliance with these requirements. It consists in violating safety regulations at explosive facilities or in explosive workshops, if this could lead to the death of a person or other serious consequences.
An explosive object is a site (room, storage) on which explosive substances such as gunpowder, TNT, nitroglycerin, and products containing them, in particular military supplies, pyrotechnic products, explosive devices, etc. are placed.
An explosive workshop is a site equipped with production equipment where work is carried out related to the production or use of explosive substances or products using them.
The safety rules for conducting explosive work are understood as regulations governing the harmless placement, design, production, connection, analysis, operation, storage, transportation of explosive mixtures and compounds at explosive facilities.
The disposition of this corpus delicti is a blank one. In order to bring a person to criminal responsibility, it is necessary to establish which points of the safety rules for work in explosive workshops the person violated.
Violation of the rules should be understood as violations of industrial and technical discipline, violation of special safety rules at relevant enterprises and workshops.
A violation of industrial and technical discipline should be understood as a deviation from the order of production processes. For example, exceeding the limits for the concentration of explosive substances, non-compliance with production technology, non-compliance with the requirements of design documentation, failure to provide workplaces with air purification (ventilation). A violation of the rules may be considered a deviation from the established safety requirements when working with explosives and explosive objects. For example, smoking, using objects that can cause a spark, which leads to a fire. If a fire that has occurred at explosive enterprises is associated with improper handling of explosive objects and substances, then the act should be qualified under art.246 of the Criminal Code of the Republic of Kazakhstan, and not under art.256 of the Criminal Code of the Republic of Kazakhstan ("Violation of fire safety rules").
Explosives should be understood as substances or mixtures thereof capable of extremely rapid self-propagating chemical transformation with the release of heat and the formation of gaseous products. Explosives can be substances of any aggregate state – solid, liquid, gaseous, including suspensions, emulsions.
The crime should be considered over from the moment of creating a threat of death of a person or the threat of other grave consequences.
Other grave consequences should be understood as the threat of fire, explosion, the possibility of causing major material damage, environmental damage.
The subject of the crime is a person who has reached the age of 16, who, by occupation, is associated with work at explosive enterprises.
The subjective side of the crime is characterized by direct intent or negligence in relation to the violation of safety rules, and in relation to the consequences only by negligence.
246 of the Criminal Code of the Republic of Kazakhstan provides for criminal liability for a qualified type of this crime. Qualifying signs are the occurrence of human death or other serious consequences, which are similar to the signs specified in Part 2 of Article 245 of the Criminal Code of the Republic of Kazakhstan.
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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