Commentary to article 286. Violation of the rules of protection and use of mineral resources 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 protection and use of subsurface resources during the design, placement, construction, commissioning and operation of mining enterprises or underground structures not related to mining, as well as unauthorized development of mineral deposits, if these acts have caused significant damage, —    

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. Violation of general environmental requirements at all stages of subsurface use, if this has led to the mass death of wildlife, causing major damage to the state, harm to public health, —   

  is punishable by imprisonment for a term of up to five 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.   

  3. The act provided for in the second part of this Article, which negligently caused mass illness of people or death of a person., —    

 is punishable by imprisonment for a term of three to eight years.

     The public danger of violating the rules of protection and use of mineral resources is to undermine the environmental safety of the Republic of Kazakhstan, mass illness of people, mass death of the animal or plant world, causing death.    

 The relations arising in the process of development, use and protection of the subsoil are regulated by the Law of the Republic of Kazakhstan "On Subsoil and Subsoil Use" dated January 27, 1996.    

 Subsurface is a part of the earth's crust located below the soil layer, and in its absence, below the Earth's surface and the bottom of reservoirs, extending to depths accessible for conducting subsurface use operations, taking into account scientific and technological progress.   

  The object of the analyzed crime is environmental safety, ensured by the rational use and protection of the subsoil.   

  On the objective side, the crime in question is committed by violating the rules for the protection and use of subsurface resources during the design, placement, construction, commissioning and operation of mining enterprises or underground structures not related to mining, as well as during unauthorized development of mineral deposits, if these acts have caused significant damage. Violation of the rules for the protection and use of subsurface resources consists, for example, in non-compliance with technical projects, mining development plans, violations of standards (norms, rules) regulating the conditions for the protection of subsurface, atmospheric air, lands, forests, waters, as well as buildings and structures from the harmful effects of work related to the use of subsurface, etc.   

  Concepts: design, placement, construction, commissioning, see commentary to art. 277 of the Criminal Code.  

   Exploitation is the actual use of mining enterprises or underground structures not related to mining in order to extract benefits.    

  Unauthorized construction of mineral deposits is understood as the construction of various structures without the appropriate permission of the competent authorities, if obtaining such permission has been established by law or by-laws.      

An obligatory sign of the objective side of the corpus delicti is the availability of means of committing a crime.      These are:    

  a) mining enterprises;   

  b) underground structures.   

  A mining enterprise is an engineering structure (installation, complex) engaged in production activities in the field of mining.  

   Underground structures include wells, mines, storages, sewers, and other communications not related to mining.    

 The crime is considered over from the moment significant damage is caused.   

  Significant damage, according to the note to Article 288 of the Criminal Code, is understood to be the amount of damage one hundred times higher than the monthly calculation index established by the legislation of the Republic of Kazakhstan at the time of the commission of the crime.    

 The subjective side of the crime in question is characterized by indirect intent. The perpetrator is aware of the violation of the relevant rules, anticipates the inevitability or possibility of causing significant damage, but consciously allows this or treats the consequences indifferently.   

  The subject of this crime is a person who carries out the design, placement, construction, commissioning and operation of mining enterprises or underground structures, and the subject of unauthorized development is any person who has reached the age of 16.   

  If part 1 of the analyzed article refers to a violation of special rules, then Part 2 of this article criminalizes violation of general environmental requirements at all stages of subsurface use, if this has led to the mass death of wildlife, causing major damage to the state, harm to public health. At the same time, major damage is considered to be damage three hundred times higher than the monthly calculation index established by the legislation of the Republic of Kazakhstan at the time of the commission of the crime.     

A particularly aggravating circumstance of the crime under consideration (Part 3) is the massive illness of people or the death of at least one person, resulting from negligence as a result of the act provided for in part 2 of the analyzed article.      The crimes provided for in Parts 1, 2 of art. 286 relate to crimes of minor gravity.   

  The crime provided for in Part 3 of Article 286 refers to crimes of moderate severity.

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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