Commentary to article 300. Violation of the rules ensuring safe operation of transport of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Violation by a passenger, pedestrian or other participant in traffic (except for persons specified in Articles 295, 296 of this Code) of the rules of traffic safety or operation of vehicles, if this act negligently caused serious harm to human health., —
is punishable by a fine in the amount of up to seven hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of up to seven months, or by restriction of liberty for a term of up to three years, or by arrest for a term of two to four months, or by imprisonment for a term of up to two years.
2. The same act that negligently caused the death of a person, —
is punishable by restriction of liberty for a term of up to four years or imprisonment for the same term.
3. The act provided for in the first part of this Article, which negligently caused the death of two or more persons, —
is punishable by imprisonment for a term of three to eight years.
The public danger of a crime is that non-compliance with these rules disrupts the operation of transport, leads to accidents, catastrophes, creates a danger of death or harm to their health. The immediate object of the crime is public relations in the field of traffic safety and the operation of specific (mechanical) vehicles, an additional object is the life and health of victims, property.
On the objective side, the crime is characterized by a violation by a passenger, pedestrian or other participant in traffic (except for persons specified in Articles 295, 296 of the Criminal Code of the Republic of Kazakhstan) of the rules of traffic safety or vehicle operation, which negligently caused serious harm to human health.
Here we are talking about such violations of the rules that are directly related to ensuring the safety of movement or operation of vehicles. Its application requires the establishment of a specific violation by the perpetrator of the relevant rules of use of transport and rules of conduct in places of passage of transport routes, which regulate the safe operation of transport of all its types and which are mandatory for all persons, not just for transport workers.
The disposition of Article 300 of the Criminal Code is blank, which means that it refers to other normative legal acts. These include: "Rules of road safety and vehicle operation"; the Air Code of the Republic of Kazakhstan, the Charter of the Railways of the Republic of Kazakhstan, the Rules for driving cattle through the railway track, the Rules for horse-drawn vehicles, other acts issued by the Ministry of Transport and Communications of the Republic of Kazakhstan, etc.
Since the disposition of Article 300 of the Criminal Code refers to vehicles, without specifying its types, such a broad definition of the subject of the crime makes it possible to cover all cases of violations of the relevant rules committed by a passenger, pedestrian or other participant in traffic on railway, water, air, motor vehicles, including horse-drawn vehicles.
300 of the Criminal Code, for example, hooliganism committed in a train carriage, on a boat or aircraft during their movement, since the actions of the perpetrator do not infringe on the safety of the specified type of transport in such cases. The perpetrator is liable under Article 257 of the Criminal Code "Hooliganism".
The list of violations of the rules is diverse: crossing railway tracks in the wrong place, careless handling of fire in a carriage, on an aircraft or a ship, pedestrian crossing the road in the wrong place or in front of nearby vehicles, grazing cattle in the exclusion zone of the railway, non-compliance with the rules by cyclists, drivers of horse-drawn vehicles, cattle drovers.
The crime is considered completed from the moment of the onset of the consequences provided for in Part 1 of Article 300 of the Criminal Code (causing serious harm to health), in part 2 of the norm in question – negligently resulting in the death of the victim, and in Part 3 – the death of two or more persons by negligence. A causal relationship must be established between a socially dangerous act and the occurrence of criminal consequences.
The subject of the crime is passengers, pedestrians and other road users, sane persons who have reached the age of 16 (cyclists, cattle drovers, persons traveling on horse-drawn vehicles), except for persons specified in Articles 295 and 296 of the Criminal Code. In some cases, liability under this rule also applies to drivers of vehicles (for leaving bulky cargo on the carriageway, resulting in consequences provided for in art.300 of the Criminal Code). For intentional damage to railway crossings and other road structures, the culprit will be held responsible under art.299 of the Criminal Code.
The subjective side of the crime is characterized by a careless form of guilt. A person anticipates the possibility of socially dangerous consequences as a result of violations of traffic safety rules or the operation of vehicles, but without sufficient grounds, he frivolously expects to prevent them. The lack of foresight of the consequences specified in the disposition of this norm, in the presence of a duty and the possibility of their foresight, indicates criminal negligence.
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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