Commentary to article 289. Violation of the rules of wildlife protection of the Criminal Code of the Republic of Kazakhstan and the Criminal Code of the Republic of Kazakhstan
Mass destruction or death of wildlife as a result of violations of the rules of its protection during the implementation of production processes and operation of vehicles, the use of plant protection products, mineral fertilizers and other preparations, as well as the use and protection of hunting grounds and fisheries reservoirs that caused major damage, —
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 deprivation of the right to hold certain positions or engage in certain activities for up to three years.
The public danger of violating the rules of wildlife protection is to undermine the environmental safety of the Republic of Kazakhstan, mass destruction or death of wildlife.
The object of the crime under consideration is environmental safety, provided by the protection, rational use and provision of the necessary number of wildlife.
On the objective side, the crime is expressed in the mass destruction or death of wildlife as a result of violations of the rules of its protection during the implementation of production processes and the operation of vehicles, the use of plant protection products, mineral fertilizers and other preparations, as well as the use and protection of hunting grounds and fisheries reservoirs, which caused major damage.
A prerequisite for criminal liability, as it follows from Article 289 of the Criminal Code of the Republic of Kazakhstan, is the infliction of major damage. According to the note to Article 288 of the Criminal Code of the Republic of Kazakhstan, 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.
The subjective side of the crime in question is characterized by indirect intent.
The subject of this crime can be any sane individual who has reached the age of 16.
The crime provided for in Article 289 refers 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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