Commentary to article 363. Obstruction of water resources regulation The Code of the Republic of Kazakhstan on Administrative Offences
Obstruction of the regulation of water resources in the interests of their integrated use, ecology and water allocation –
entails a fine for individuals in the amount of ten, for officials – in the amount of twenty monthly calculation indices.
The object of the offense being commented on is the socio-legal relations that arise when regulating water resources in the interests of their integrated use, ecology and water allocation.
In accordance with Article 6 of the Water Code of the Republic of Kazakhstan dated July 9, 2003 No. 481, the water resources of the Republic of Kazakhstan are reserves of surface and groundwater concentrated in water bodies that are used or can be used.
Chapter 6 of the Water Code regulates the competence of State bodies in the field of use and protection of water resources, water supply and sanitation. For example, the Government of the Republic of Kazakhstan:
- develops the main directions of state policy in the field of use and protection of water resources, water supply, sanitation;
- organizes the management of water facilities owned by the Republic;
- approves the rules governing water relations between the regions of the republic;
- cooperates in accordance with the procedure established by the legislation of the Republic of Kazakhstan with foreign states and international organizations on the use and protection of transboundary waters;
- approves the general scheme of integrated use and protection
- determines the organization for the modernization and development of housing and communal services;
- performs other functions assigned to it The Constitution, laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
Authorized body:
- participates in the development and implementation of state policy in the field of use and protection of water resources, water supply, sanitation within its competence;
- carries out coordination and methodological guidance of local executive bodies in the field of use and protection of water resources, water supply and sanitation outside settlements;
- develops schemes for the integrated use and protection of water resources in the basins of major rivers and other water bodies in the republic as a whole;
- develops and approves criteria for the safety of water management systems and facilities;
- coordinates specific norms of water consumption and sanitation;
- develops and approves a methodology for the development of specific standards of water consumption and sanitation;
- develops and approves standard rules for general water use;
- develops and approves the application form for obtaining a permit for special water use and the form of a permit for special water use, etc.
Authorized body in the field of public utilities:
- participates in the development and implementation of state policy in the field of water supply and sanitation within settlements;
- carries out coordination and methodological guidance of local executive bodies in the field of use and protection of water resources, water supply and sanitation within settlements;
- develops and approves regulatory and technical documentation within its competence;
- organizes methodological support in the field of water supply and sanitation within settlements;
- organizes design, survey, applied research and development work in the field of water supply and sanitation within settlements;
- develops and approves rules for the use of water supply and sanitation systems in settlements;
- develops and approves the rules for receiving wastewater into wastewater disposal systems of settlements, etc.
Local representative bodies of regions (cities of republican significance, the capital):
- establish rules for general water use, taking into account the specifics of regional conditions on the basis of standard rules;
- establish the procedure for the provision and withdrawal of water facilities in communal ownership;
- approve the rates of payment for the use of water resources from surface sources;
- exercise other powers in accordance with the legislation of the Republic of Kazakhstan to ensure the rights and legitimate interests of citizens.
Local executive bodies of regions (cities of republican significance, the capital):
- manage water management facilities that are in communal ownership, and take measures to protect them;
- keep records of state-owned water facilities, and when mismanagement of water facilities is detected, they carry out procedures provided for by the civil legislation of the Republic of Kazakhstan;
- implement state policy in the field of use and protection of water resources, water supply and sanitation;
- establish water protection zones, strips and zones of sanitary protection of drinking water supply sources in coordination with basin water management departments, the authorized body in the field of sanitary and epidemiological welfare of the population;
- establish the regime and special conditions for the economic use of water protection zones and strips in coordination with basin water management departments;
- provide water bodies for separate or joint use on a competitive basis in accordance with the procedure established by the Government of the Republic of Kazakhstan;
- participate in the work of basin councils and the basin agreement, submit proposals for the rational use and protection of water bodies, water supply, and sanitation of settlements to the basin councils, study the recommendations of basin councils, and take measures to implement them;
- ensure the implementation of measures for the rational use and protection of water bodies, water supply, sanitation of settlements, including land reclamation, ensuring the safety of water management systems and structures, etc.
According to Article 39-1 of the Water Code of the Republic of Kazakhstan, local executive bodies of a district or city of regional significance provide water bodies located within the territory of a district or city of regional significance for separate or joint use on a competitive basis in accordance with the procedure determined by the authorized body.
The "Rules for Regulating water relations between the regions of the Republic of Kazakhstan", approved by Resolution No. 21 of the Government of the Republic of Kazakhstan dated January 9, 2004, defines the procedure for regulating water relations between the regions of the Republic of Kazakhstan in cases where the basin of a water body is located on the territory of two or more regions, with the exception of transboundary waters.
According to paragraphs 2-7 of the "Rules for Regulating water relations between the regions of the Republic of Kazakhstan", the purpose of regulating water relations between the regions of the republic is to take measures to distribute surface water resources between the regions to meet the current and future water needs of the population, economic sectors of the regions and to preserve the environmental sustainability of the environment in the basin.
Water relations between the regions of the republic are regulated by the authorized body in the field of use and protection of the water fund (hereinafter referred to as the authorized body) and its basin administrations on the basis of approved general and basin schemes for the integrated use and protection of water resources and water management balances, by determining water consumption limits by region, developing and implementing measures for rational use and protection water resources in the basin, taking into account the proposals of the regional executive bodies.
In order to implement measures for the restoration and protection of water bodies, to solve problems in the field of use and protection of the water fund in the basin, basin administrations, local executive bodies and other entities located within the basin of a water body conclude basin agreements, under which a basin council is established.
Basin agreements contain the intentions of the parties to cooperate with the forces and means necessary to resolve problematic issues and implement specific water protection measures, with an indication of the deadlines for their implementation.
Regional executive bodies, when problematic issues of inter-regional importance arise in the field of the use and protection of the water resources in the basin, submit them for consideration by the relevant basin council.
The Basin Council, having considered the problematic issues presented, develops recommendations for the regulation of water relations, on the basis of which the authorized body in the field of use and protection of the water fund and local executive bodies provide for measures to resolve the issues raised in the annually planned programs for the development, restoration and protection of the basin's water bodies, scientific and design developments.
Thus, the objective side of the offense is expressed in actions (inaction) to impede the regulation of water resources in the interests of their integrated use, ecology and water allocation.
The subjective side of the offense is characterized by the fact that the act can be committed both in the form of intent and negligence.
The subject of the offense is common – both individuals and officials.
In accordance with Part 1 of Article 708 of the Administrative Code, authorized bodies in the field of use and protection of the water fund consider cases of administrative offenses provided for in Article 363 of the Administrative Code.
According to Part 1 of Article 805 of the Administrative Code, the prosecutor issues a resolution on the initiation of cases of administrative offenses provided for in Article 363 of the Administrative Code.
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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