Commentary to article 284. Violation of the legislation on the continental shelf of the Republic of Kazakhstan and on the exclusive economic zone of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Illegal construction of structures on the continental shelf of the Republic of Kazakhstan, illegal creation of safety zones around them or in the exclusive economic zone of the Republic of Kazakhstan, as well as violation of the rules of construction, operation, protection and liquidation of erected structures and means of ensuring the safety of maritime navigation —
are 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 by deprivation of the right to hold certain positions or engage in certain activities for up to three years, or correctional labor for up to two years.
2. Research, exploration, and development of the natural resources of the continental shelf of the Republic of Kazakhstan or the exclusive economic zone of the Republic of Kazakhstan, conducted without an appropriate permit, —
are punishable by a fine in the amount of five hundred to seven hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of five to seven months or correctional labor for up to two years with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
The public danger of the crime is to undermine the environmental safety of the Republic of Kazakhstan and the established procedure for the use of the continental shelf and the exclusive economic zone.
The continental shelf of the Republic of Kazakhstan includes the seabed and subsurface of underwater areas located outside the territorial sea of the Republic of Kazakhstan throughout the natural extension of its land territory to the outer boundary of the underwater margin of the mainland, since the continuation of the continental massif of the Republic of Kazakhstan, including the surface and subsurface of the continental shelf, slope and rise.
The continental shelf is a coastal marine, oceanic shallow water having a geological structure similar to the neighboring land, which is the most productive and productive part of the water area inhabited by living organisms with certain internal and external boundaries. According to the Geneva Convention of 1958 The concept of the continental shelf covers the surface and subsurface of the underwater areas of a coastal State adjacent to the coast, but located outside the territorial sea, to a depth of 200 meters or beyond these limits to a place to which the depth of the waters covering it allows for the development of natural resources. The surface and its subsoil of the seabed of depressions located in the continuous mass of the continental shelf, regardless of the depth, are part of it. The inner boundary of the continental shelf is the outer boundary of the territorial sea, and the outer boundary is located at a distance of 200 nautical miles from the baselines from which the width of the territorial sea is measured, provided that the outer boundary of the margin of the underwater continent does not extend over a distance of more than 200 nautical miles. If the underwater margin of the mainland extends over a distance of more than 200 nautical miles from the indicated baselines, then the outer boundary coincides with the outer boundary of the underwater margin of the mainland, determined in accordance with the norms of international law.
The natural resources of the continental shelf are its mineral and living resources.
The mineral resources of the continental shelf are the mineral and other inanimate resources of the seabed and its subsoil.
The living resources of the continental shelf are living organisms belonging to "sedentary species" that, during the period when fishing is possible, are stationary on or under the seabed or are unable to move except in constant physical contact with the seabed or its subsoil, i.e. mollusks, crabs, crustaceans, sponge, etc. An exclusive economic zone is a marine area located outside the territorial sea of the Republic of Kazakhstan and adjacent to it, up to 200 nautical miles wide, measured from the baselines from which the width of the territorial sea is measured (unless otherwise provided by an international treaty of the Republic of Kazakhstan), having a special legal regime. The internal boundary of the exclusive economic zone of the Republic of Kazakhstan is the external boundary of the territorial sea (UN Convention on the Law of the Sea). The object of the crime under consideration is environmental safety, environmental stability and the natural resource potential of the continental shelf and the exclusive economic zone of the country.
On the objective side, violation of the legislation on the continental shelf can be expressed both in active actions, for example, in the illegal construction of structures; the illegal creation of security zones around them in the exclusive economic zone of the Republic of Kazakhstan; violation of the rules of construction, operation, liquidation of erected structures and means of ensuring their safety; and through inaction, for example, failure to ensure the protection of structures and other installations.
The subject of the crime can be both citizens of the Republic of Kazakhstan and stateless persons, as well as foreign citizens over the age of 16.
On the subjective side, the violation of the legislation on the continental shelf of the Republic of Kazakhstan is committed intentionally. A person is aware of the social danger of his actions or omissions and commits them at his own will, there are no references to the possibility of committing this crime in the law.
Illegal construction of structures may consist in the construction or installation of structures, installations, structures, artificial islands and other objects on the continental shelf without proper permission.
A security zone is a protected area around an erected structure, installation, or artificial island, where human activity and the entry of water transport into which are specifically restricted or prohibited. The restrictions are related to research, exploration or development of the natural resources of the continental shelf and the exclusive economic zone, as well as ensuring the safety of navigation and the artificial islands themselves, structures, installations. Safety zones are established around artificial islands, installations and structures, which extend no more than 500 m. from each point of the outer edge of artificial islands, installations, and structures.
Violation of the rules of construction, operation, protection and liquidation of erected structures and means of ensuring maritime navigation can be committed through both action and inaction and consist in choosing, for example, the order of operation of a legally erected structure that contradicts the current rules, in failure to perform actions prescribed by the rules or conditions of the permit.
The crime should be considered completed from the moment of the beginning of illegal construction, or the creation of a security zone, or violation of these rules.
284 of the Criminal Code of the Republic of Kazakhstan provides for responsibility for the exploration, exploration and development of natural resources of the continental shelf of the Republic of Kazakhstan or the exclusive economic zone of the Republic of Kazakhstan, conducted without appropriate permission.
Research on the continental shelf or exclusive economic zone is fundamental or applied scientific research and experimental work aimed at obtaining knowledge on all aspects of natural processes occurring on the seabed and in its depths, exploration and development of mineral resources and fishing for living resources (ibid.).
Exploration of the natural resources of the continental shelf or the exclusive economic zone consists in extracting samples and samples of mineral and living resources from the seabed or from its depths.
The exploitation of the natural resources of the continental shelf or the exclusive economic zone is the industrial extraction of the mineral and living resources of the seabed and its subsoil.
The amateur collection (fishing) of natural resources of the continental shelf or the exclusive economic zone does not constitute a crime under Part 2 of the commented article.
Exploration and development of natural resources of the continental shelf or the exclusive economic zone of the Republic of Kazakhstan entails criminal liability under Part 2 of Article 284 if they are carried out: arbitrarily, without obtaining a license; after submitting an application for licensing, but before receiving a response to it; after receiving a refusal to license or after the expiration of the license, etc.
The crimes provided for in parts 1 and 2 of art. 284 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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