Commentary to article 306. Violation of international flight rules of the Criminal Code of the Republic of Kazakhstan and the Criminal Code of the Republic of Kazakhstan
1. Failure to comply with the routes, landing sites, air gates, flight altitude, or other violation of international flight rules specified in the permit, —
are punishable by a fine in the amount of five hundred to one thousand monthly calculation indices or in the amount of the convicted person's salary or other income for a period of five months to one year, or correctional labor for a term of up to two years, or restriction of liberty for a term of up to two years, or arrest for a term of three to six months, or imprisonment imprisonment for a term of up to three 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.
2. The same actions that caused the death of a person or other grave consequences, —
are punishable by imprisonment for a term of three to ten years.
The public danger of a crime is expressed in the fact that when it is committed, harm is caused to the life or health of people, or to an aircraft.
An international flight is an aircraft flight crossing the air border of the Republic of Kazakhstan with other states, regulated by: The Law of the Republic of Kazakhstan "On the State Border of the Republic of Kazakhstan" dated January 13, 1993 (as amended and supplemented); Decree of the President of the Republic of Kazakhstan, having the force of law, "On the use of airspace and aviation activities of the Republic of Kazakhstan" dated December 20, 1995 (as amended and supplemented), the Air Code of the Republic of Kazakhstan, By the Decree of the Government of the Republic of Kazakhstan "Regulations on the use of the Airspace of the Republic of Kazakhstan" dated February 28, 1997. To establish the signs of a real crime, you should refer to the above-mentioned regulations.
Aircraft cross the state border of the Republic of Kazakhstan in specially designated flight corridors. Flight of the state border of the Republic of Kazakhstan outside the specified corridors is allowed only with the permission of the republican competent authorities. Article 2 of the above-mentioned Decree of the President of the Republic of Kazakhstan states that the Republic of Kazakhstan has full and exclusive sovereignty over the airspace located over the land and water territory of the Republic of Kazakhstan and its territorial waters. The airspace of the Republic of Kazakhstan is state-owned and is part of its State territory. Flights of aircraft, regardless of their departmental affiliation, are carried out on specially established international air routes and routes on the basis of and in accordance with the following conditions:
a) an international agreement of the Republic of Kazakhstan;
b) special permits for one-time flights issued by the competent authorities in accordance with the established legislative procedure. In addition, the aircraft must be registered in the State register of civil aircraft.
The direct object of the crime is public relations in the field of flight safety. The objective side of the crime is characterized by an action that may manifest itself in non-compliance with the flight route specified in the permit, landing sites, set altitude, air gates, etc.
Other violations of international flight rules include crossing borders with expired permits, disconnecting long-range communications, etc.
The crime provided for in Part 1 of Article 306 of the Criminal Code is considered completed from the moment of the commission of the act itself, violating the relevant paragraphs of the rules of international flights.
Liability for violations of international flight rules is excluded due to an emergency landing for technical reasons, the need for urgent medical assistance to one of the passengers or crew members, difficult meteorological conditions, as well as a natural disaster. In such cases, the act is considered as a reasonable risk or an extreme necessity.
The subject of the crime is a special one, they can be members of the aircraft crew responsible for compliance with the rules of international flights.
The subjective side of the crime is characterized by an intentional form of guilt, in the form of direct or indirect intent. The perpetrator is aware of the socially dangerous nature of his actions, anticipates the onset of harmful consequences and desires their occurrence (direct intent), or does not wish, but consciously allows these consequences to occur, and equally treats them indifferently (indirect intent).
The crime provided for in Part 2 of Article 306 of the Criminal Code should be considered completed from the moment of the onset of socially dangerous consequences, in the form of the death of a person (victim) or other grave consequences.
Other grave consequences, within the meaning of Part 2 of Article 306 of the Criminal Code, should be understood as causing serious or moderate harm to the victim's health, the death of two or more persons, or damage or destruction of an aircraft as a result of these actions.
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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