Commentary to article 280. Violation of veterinary rules and regulations established for the control of plant diseases and pests of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Violation of veterinary regulations, resulting in the spread of epizootics or other 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 months to one year, or correctional labor for up to two years, or restriction of liberty for up to three years, or imprisonment for up to three years.
2. Violation of the rules established for combating plant diseases and pests, which has entailed grave consequences, shall be punishable by a fine in the amount of two hundred to five hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of two to five months, or correctional labor for up to one year, or restriction of liberty for for a term of up to two years, or imprisonment for a term of up to two years.
The main regulatory act regulating veterinary issues is the Law of the Republic of Kazakhstan "On Veterinary Medicine" dated July 10, 2002. It regulates relations in the field of veterinary medicine in order to prevent and eliminate quarantine and especially dangerous animal diseases, including domestic, zoo and other, as well as fur-bearing animals, birds, fish and bees; the release of veterinary-safe animal products; protection of the territory of Kazakhstan from the import of infectious animal diseases from other states, protection of the population from diseases, common to humans and animals.
The public danger of violating veterinary regulations or rules established to combat plant diseases and/or pests is to undermine the environmental safety of the Republic of Kazakhstan, spread epizootics, and other serious consequences.
The object of the crime in question is the environmental safety of society regulated by the rules of veterinary medicine and (or) control of plant diseases and pests. Optional objects can be: animal life and health, human health, viability and ecological balance of other ecosystems.
On the objective side, the crime is a violation of veterinary rules, which has led to the spread of epizootics or other serious consequences. According to According to the Law of the Republic of Kazakhstan "On Veterinary Medicine" dated July 10, 2002, veterinary rules are a regulatory legal act defining the procedure for conducting veterinary activities based on veterinary standards, approved by the authorized state body in the field of veterinary medicine, which is mandatory for individuals and legal entities engaged in activities in the field of veterinary medicine. Violation of veterinary rules can be committed through actions (for example, by selling sick livestock or importing sick animals to Kazakhstan, driving sick animals into a common herd, and so on) and through inaction (by refusing to take mandatory preventive measures, untimely or incomplete measures to eliminate foci of infectious animal diseases, and so on).
For this crime to exist, it is necessary that, as a result of violation of veterinary rules, the consequences specified in the disposition of Part 1 of Article 280 of the Criminal Code occur: the spread of epizootics and other grave consequences. Epizootic according to the specified law "On Veterinary Medicine" is the mass spread of especially dangerous and other infectious animal diseases on the territory of the corresponding administrative-territorial unit.
Particularly dangerous animal diseases are diseases of animals that are accompanied by rapid or widespread spread, high morbidity or mortality of animals, and great socio–economic damage, including diseases common to animals and humans, determined by an authorized state body. Other serious consequences may include causing significant losses to enterprises and other business entities in the field of agricultural production as a result of the death of livestock or poultry, or a decrease in livestock growth. If at least one person is ill with a serious infectious disease in violation of veterinary rules, the act is qualified according to this norm and according to the corresponding article against health, depending on the severity of the disease.
The subject of the crime may be a person who has reached the age of 16.
The subjective side of the crime is characterized by guilt in the form of indirect intent.
Part 2 of Article 280 of the Criminal Code of the Republic of Kazakhstan provides for liability for violation of rules on combating plant diseases and pests.
The public danger of this crime lies in the fact that as a result of non-compliance with the rules aimed at combating various plant diseases and pests, significant harm can be caused to forestry and agriculture. The main regulatory act regulating the control of plant diseases and pests is the Law of the Republic of Kazakhstan "On Plant Protection" dated July 3, 2002. According to paragraph 1 of Article 1 of the said law: Harmful organisms are pests, weeds, and plant diseases that negatively affect soil, vegetation, and agricultural products.
Plant protection is a field of activity aimed at the development and practical application of methods of phytosanitary monitoring, phytosanitary measures to prevent losses of crop production from harmful and especially dangerous harmful organisms (paragraph 4, art. 1 of the Law).
Especially dangerous harmful organisms are plant pests and diseases. capable of periodic mass reproduction and spread, causing economic and environmental damage and included in the list of especially dangerous harmful organisms approved by the Government of the Republic of Kazakhstan.
The rules established for the control of plant diseases and pests are the rules for carrying out agrotechnical, chemical, mechanical and biological measures aimed at preventing, preventing the spread and elimination of diseases and at destroying pests.
Plant diseases involve deviations from their normal physiological state and development, characterized by a violation of the basic functions of the entire plant or its individual parts. Plant pests are animals and insects that destroy or spoil them (Asian locust, Colorado potato beetle, and others).
On the objective side, the violation of the rules specified in the disposition is expressed both in the commission of actions prohibited by the rules and in inaction (for example, in the failure to carry out measures to destroy detected plant pests, and so on).
A prerequisite for criminal liability is the occurrence of the grave consequences specified in the disposition, which include the widespread spread of pests and diseases, resulting in the cutting down of a large number of fruit trees, berry bushes, vineyard plantations, loss of crops or reduced yields in significant areas, poisoning and death of livestock, and so on.
The Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated June 18, 2004 "On the application by courts of legislation on liability for certain environmental crimes" states that other grave consequences should be understood as significant environmental changes, deterioration or destruction of natural objects, the restoration of which requires a long time or significant material costs, as well as the emergence of a situation that prevents use of natural resources.
The subject of the crime may be a person who has reached the age of 16.
The subjective side of the crime is characterized by guilt in the form of indirect intent.
The crimes provided for in Parts 1 and 2 of art. 280 relate to crimes of minor gravity.
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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