Commentary to article 282. Atmospheric pollution of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Violation of the rules for the release of pollutants into the atmosphere or the rules for the operation of installations, structures and other facilities, if this act has caused pollution or other changes in the natural properties of the air., —      

is punishable by a fine in the amount of one hundred to two hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of one to two months, or by deprivation of the right to hold certain positions or engage in certain activities for up to five years, or correctional labor for up to one year, or arrest for up to three months.      

2. The same act that caused harm to human health, —  

   is 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 two years, or arrest for up to six months, or imprisonment for up to three years.      

3. The acts provided for in the first or second parts of this Article that negligently caused the death of a person, —      

are punishable by imprisonment for a term of up to five years.

     The general concept of "atmospheric pollution" covers two separate crimes: violation of the rules for the release of pollutants into the atmosphere and violation of the operation of installations, structures and other facilities.   

  Combining them in one article is explained by the fact that as a result of their commission, one object suffers and the same consequences occur – pollution or other changes in the natural properties of the air.    

 The public danger of atmospheric pollution lies in undermining the environmental safety of the Republic of Kazakhstan, polluting or otherwise altering the natural properties of the air, causing harm to human health, up to and including depriving him of life.  

   The object of the crime in question is the environmental safety of society, regulated by the rules for the release of pollutants into the atmosphere and the rules for the operation of relevant installations, structures and other facilities that ensure the protection and rational use of the environment.     

Additional objects are health (part 2) and life (Part 3).   

  The subject of the crime is only atmospheric air.     

 The objective side of the crime is expressed in violation of the rules for the release of pollutants into the atmosphere or the rules for the operation of installations, structures and other facilities, if this act entailed pollution or other changes in the natural properties of the air.    

 Pollution or other changes in the natural properties of the air can be caused by:  

    - emission of pollutants into the atmosphere;    

  - exceeding the standards of maximum permissible emissions of pollutants into the atmospheric air or harmful physical effects on it;     

 - violation of the rules of operation, as well as non-use of installed facilities, equipment, equipment for cleaning and control of emissions into the atmosphere;    

  - the commissioning of new and reconstructed enterprises, structures and other facilities that do not meet the requirements for the protection of atmospheric air, etc.    

  Air pollution is the introduction or emergence of new, usually non-characteristic physical, chemical, biological and other agents that take the environmental system beyond the natural background. The standards of maximum permissible emissions of harmful substances (MPC) polluting atmospheric air are established taking into account the production facilities of the facility, data on the presence of a mutagenic effect and other harmful consequences for each source of pollution in accordance with the current standards of maximum permissible concentrations of harmful substances (MPC) in the environment. The maximum permissible concentration (MPC), in turn, is calculated based on the amount of harmful substances that, with constant contact or exposure over a certain period of time, practically does not affect human health and the quality of the environment.    

 Another change in the natural properties of the air is a deterioration in the balance of qualitative and quantitative parameters of the atmosphere, its depletion, for example, due to thermal or other physical effects exceeding permissible standards.  

   The crime is considered to be over from the moment of air pollution or other changes in its natural properties.      The subjective side of the crime provided for in Parts 1 and 2 of this Article is expressed in the form of indirect intent, when a person is aware of a violation of the relevant rules, anticipates the possibility of negative consequences for human health or the state of atmospheric air and deliberately allows them to occur or treats it indifferently. In the crime provided for in Part 3 of this article, by the occurrence of death, guilt is expressed in negligence.  

   If a person's guilt in relation to the criminal consequences specified in Part 3 of Article 282 of the Criminal Code is expressed in the form of direct intent, then the deed should be classified according to the totality of crimes of Part 1 of Article 282 and the corresponding article of the chapter "Crimes against the person".     

 The subject of the crime is a person who has reached the age of 16, who is charged by regulatory legal acts with the duties of maintaining order and controlling emissions of pollutants into the atmospheric air.   

  Part 2 of Article 282 provides for liability for the same acts if they caused harm to human health (see commentary to Article 281 of the Criminal Code of the Republic of Kazakhstan).   

  If a violation of the rules for the release of pollutants into the atmosphere has inadvertently resulted in the death of a person, liability is imposed under Part 3 of Article 282 of the Criminal Code of the Republic of Kazakhstan.    

 The crimes provided for in parts 1, 2 and 3 of art. 282 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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