Commentary to article 370. Damage to hayfields and pasture lands, as well as illegal haymaking and grazing of livestock, collection of medicinal plants and technical raw materials on the lands of the forest fund The Code of the Republic of Kazakhstan on Administrative Offences
1. Damage to hayfields and pasture lands on forest fund lands –
entails a warning or a fine in the amount of two monthly calculation indices.
2. Illegal haymaking and grazing of livestock in forests and on forest fund lands –
they entail a warning or a fine in the amount of three monthly calculation indices.
3. Illegal collection of medicinal plants and technical raw materials in areas where it is prohibited or allowed only on forest tickets, –
entails a warning or a fine in the amount of three monthly calculation indices.
4. Actions provided for in the first, second and third parts of this Article, committed in specially protected natural territories, –
they entail a fine in the amount of twenty monthly calculation indices.
Part 1. The object of the commented offense is hayfields and pasture lands on the lands of the forest fund. In paragraph 10), paragraph 1, Article 113 of the Forest Code of the Republic of Kazakhstan stipulates that violations in the field of protection, protection, use of the forest fund, reproduction of forests and afforestation are "damage to hayfields and pasture lands on the lands of the forest fund."
In accordance with Article 3 of the Law of the Republic of Kazakhstan dated February 20, 2017 No. 47-VI SAM "On pastures", the legal regime of pastures is determined based on their belonging to a particular category of land and the permitted use procedure in accordance with the land, forest, water legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan in the field of specially protected natural territories..
According to P. 4 of the "Rules of mowing and grazing livestock on the plots of the State forest Fund", approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated October 12, 2015 No. 18-02/909, suitable areas of agricultural land included in the state forest fund are allocated for mowing and grazing livestock, as well as glades and other uncovered areas. forested areas where natural or artificial reforestation is not envisaged, other measures to improve them before the start of haymaking, as well as individual areas of low-value plantations., not intended for reconstruction.
In accordance with clause 7 of the "Rules for haymaking and grazing livestock on the plots of the state forest Fund", grazing livestock on the plots of the state forest fund is carried out on the areas determined in accordance with the annex to these Rules, while the selection of areas for grazing livestock is carried out taking into account the possibilities of seasonal use of forest pastures, pasture rotations and the permissible load on them.
Thus, the objective side of the offense is manifested in actions to damage hayfields and pasture lands on the lands of the forest fund.
The subjective side of the commented act is expressed in the fact that the offense can be committed both in the form of intent and negligence.
The general subject of the offense is an individual or a legal entity.
The object of part 2 of Article 370 of the Administrative Code is the established procedure for haymaking and grazing livestock in forests and on forest lands.
In accordance with paragraphs 3 and 9 of the "Rules for Haymaking and grazing livestock in areas of the State Forest Fund," the areas of the state forest fund where haymaking and grazing are possible are established by state forest owners in accordance with forest management projects or management plans for specially protected natural areas.
Haymaking (except for haymaking carried out as part of fire prevention measures) and grazing of livestock on the plots of the state forest fund is not carried out.:
1) in the categories of the state forest fund "forests of state regional nature reserves", "state forest monuments of nature", "forest areas of scientific importance, including forest genetic reserves", "especially valuable woodlands", as well as in the protected and reserved areas of state national natural parks and state regional natural parks, zones of the protected core of the state regional nature reserves;
2) in the categories of the state forest fund "forests of state national natural parks" and "forests of state regional natural parks" in areas of recreational use, subzones, administrative and industrial purposes, visitor and tourist services;
3) in the category of the state forest fund "forests of state natural reserves" in the area of restoration of disturbed landscapes;
4) in the category of the state forest fund "forests of state protected areas" in the zone of the registered regime;
5) in the categories of the state forest fund "nut-fishing zones", "forested fruit plantations", "subalpine forests", "state protective forest belts", "anti-erosion forests" and "protective plantings on the right-of-way of railways and public roads of international and national importance, main pipelines and other linear structures", "protective forest strips along railways and public roads of international and national importance".
According to paragraphs 8-11 of the "Rules for haymaking and grazing livestock on the plots of the state forest Fund", the area of pasture turnover is established taking into account:
1) natural and climatic conditions of the vegetative period;
2) the degree of productivity of pastures;
3) the potential and actual manifestation of erosion processes;
4) the possibility of collecting especially valuable seeds of wild herbs;
5) the expediency of providing "rest", that is, the complete exclusion of bleaching and haymaking during the year.
The list of sites where cattle grazing is allowed is specified annually by state forest owners, taking into account changes in the state of the lands of the state forest fund, as well as action plans for the reproduction of reforestation and harvesting of forest resources.
Grazing of goats on the plots of the state forest fund, except for saxaul forests, is allowed only in specially designated fenced areas.
The objective side of the offense is expressed in actions related to illegal haymaking and grazing of livestock in forests and on the lands of the forest fund.
The subjective side of the offense is expressed in the fact that the act can be committed either intentionally or negligently.
The general subject of the offense is an individual or a legal entity.
The object of part 3 of Article 370 of the Administrative Code is the established procedure for collecting medicinal plants and technical raw materials in areas where it is prohibited or allowed only on forest tickets.
In accordance with Article 9 of the Forest Code of the Republic of Kazakhstan, forest resources consist of stocks of wood, oleoresin and tree sap, secondary wood resources, wild fruits, nuts, mushrooms, berries, medicinal plants and technical raw materials, other products of plant and animal origin located, accumulated and extracted in the forest fund.
The beneficial properties of a forest include its ecological and socially significant functions characteristic of it in a growing state (oxygen release, carbon dioxide absorption, soil protection from water and wind erosion, conversion of surface water runoff into subsurface, balneological and climate-regulating properties).
According to clause 4) of Article 88 of the Forest Code of the Republic of Kazakhstan, the following types of forest management can be carried out in the state forest fund: secondary forest uses (haymaking, cattle grazing, maral breeding, animal husbandry, placement of beehives and apiaries, horticulture, melon growing, gardening and cultivation of other crops, harvesting and collection of medicinal plants and technical raw materials, wild fruits, nuts, mushrooms, berries and other food products, moss, forest litter and fallen leaves, reeds).
98 of the Forest Code of the Republic of Kazakhstan stipulates that harvesting and harvesting of wild fruits, nuts, mushrooms, berries, medicinal plants and technical raw materials, maral breeding, animal husbandry, placement of beehives and apiaries, horticulture, melon growing, gardening and cultivation of other crops on the plots of the state forest fund should be carried out without harming the forest in accordance with the procedure established by the Legislation of the Republic of Kazakhstan. determined by the rules of secondary forest use in the Republic of Kazakhstan, approved by the authorized body.
Chapter 6 of the Rules of Secondary Forest Use on the territory of the State Forest Fund, approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated April 30, 2015 No. 18-02/405, regulates the procedure for harvesting and collecting medicinal plants and technical raw materials. Thus, forest users harvest medicinal (leaves, flowers, fruits, buds, roots, rhizomes, tubers of herbaceous plants and some types of shrubs) and technical raw materials on the territory of the state forest fund.
The procurement (collection) of medicinal and technical raw materials is carried out in volumes that ensure the timely restoration of plants and the reproduction of their stocks. Commercial harvesting (collection) of medicinal and technical raw materials is carried out in specially designated areas.
Harvesting (collection) of medicinal herbs for own consumption is also carried out in specially designated areas, while the boundaries of harvesting (forestry, tract, quarter, allotment) are indicated in the forest ticket.
Commentary to article 370. Damage to hayfields and pasture lands, as well as illegal haymaking and grazing of livestock, collection of medicinal plants and technical raw materials on the lands of the forest fund The Code of the Republic of Kazakhstan on Administrative Offences
1. Damage to hayfields and pasture lands on forest fund lands –
entails a warning or a fine in the amount of two monthly calculation indices.
2. Illegal haymaking and grazing of livestock in forests and on forest fund lands –
they entail a warning or a fine in the amount of three monthly calculation indices.
3. Illegal collection of medicinal plants and technical raw materials in areas where it is prohibited or allowed only on forest tickets, –
entails a warning or a fine in the amount of three monthly calculation indices.
4. Actions provided for in the first, second and third parts of this Article, committed in specially protected natural territories, –
they entail a fine in the amount of twenty monthly calculation indices.
Part 1. The object of the commented offense is hayfields and pasture lands on the lands of the forest fund. In paragraph 10), paragraph 1, Article 113 of the Forest Code of the Republic of Kazakhstan stipulates that violations in the field of protection, protection, use of the forest fund, reproduction of forests and afforestation are "damage to hayfields and pasture lands on the lands of the forest fund."
In accordance with Article 3 of the Law of the Republic of Kazakhstan dated February 20, 2017 No. 47-VI SAM "On pastures", the legal regime of pastures is determined based on their belonging to a particular category of land and the permitted use procedure in accordance with the land, forest, water legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan in the field of specially protected natural territories..
According to P. 4 of the "Rules of mowing and grazing livestock on the plots of the State forest Fund", approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated October 12, 2015 No. 18-02/909, suitable areas of agricultural land included in the state forest fund are allocated for mowing and grazing livestock, as well as glades and other uncovered areas. forested areas where natural or artificial reforestation is not envisaged, other measures to improve them before the start of haymaking, as well as individual areas of low-value plantations., not intended for reconstruction.
In accordance with clause 7 of the "Rules for haymaking and grazing livestock on the plots of the state forest Fund", grazing livestock on the plots of the state forest fund is carried out on the areas determined in accordance with the annex to these Rules, while the selection of areas for grazing livestock is carried out taking into account the possibilities of seasonal use of forest pastures, pasture rotations and the permissible load on them.
Thus, the objective side of the offense is manifested in actions to damage hayfields and pasture lands on the lands of the forest fund.
The subjective side of the commented act is expressed in the fact that the offense can be committed both in the form of intent and negligence.
The general subject of the offense is an individual or a legal entity.
The object of part 2 of Article 370 of the Administrative Code is the established procedure for haymaking and grazing livestock in forests and on forest lands.
In accordance with paragraphs 3 and 9 of the "Rules for Haymaking and grazing livestock in areas of the State Forest Fund," the areas of the state forest fund where haymaking and grazing are possible are established by state forest owners in accordance with forest management projects or management plans for specially protected natural areas.
Haymaking (except for haymaking carried out as part of fire prevention measures) and grazing of livestock on the plots of the state forest fund is not carried out.:
1) in the categories of the state forest fund "forests of state regional nature reserves", "state forest monuments of nature", "forest areas of scientific importance, including forest genetic reserves", "especially valuable woodlands", as well as in the protected and reserved areas of state national natural parks and state regional natural parks, zones of the protected core of the state regional nature reserves;
2) in the categories of the state forest fund "forests of state national natural parks" and "forests of state regional natural parks" in areas of recreational use, subzones, administrative and industrial purposes, visitor and tourist services;
3) in the category of the state forest fund "forests of state natural reserves" in the area of restoration of disturbed landscapes;
4) in the category of the state forest fund "forests of state protected areas" in the zone of the registered regime;
5) in the categories of the state forest fund "nut-fishing zones", "forested fruit plantations", "subalpine forests", "state protective forest belts", "anti-erosion forests" and "protective plantings on the right-of-way of railways and public roads of international and national importance, main pipelines and other linear structures", "protective forest strips along railways and public roads of international and national importance".
According to paragraphs 8-11 of the "Rules for haymaking and grazing livestock on the plots of the state forest Fund", the area of pasture turnover is established taking into account:
1) natural and climatic conditions of the vegetative period;
2) the degree of productivity of pastures;
3) the potential and actual manifestation of erosion processes;
4) the possibility of collecting especially valuable seeds of wild herbs;
5) the expediency of providing "rest", that is, the complete exclusion of bleaching and haymaking during the year.
The list of sites where cattle grazing is allowed is specified annually by state forest owners, taking into account changes in the state of the lands of the state forest fund, as well as action plans for the reproduction of reforestation and harvesting of forest resources.
Grazing of goats on the plots of the state forest fund, except for saxaul forests, is allowed only in specially designated fenced areas.
The objective side of the offense is expressed in actions related to illegal haymaking and grazing of livestock in forests and on the lands of the forest fund.
The subjective side of the offense is expressed in the fact that the act can be committed either intentionally or negligently.
The general subject of the offense is an individual or a legal entity.
The object of part 3 of Article 370 of the Administrative Code is the established procedure for collecting medicinal plants and technical raw materials in areas where it is prohibited or allowed only on forest tickets.
In accordance with Article 9 of the Forest Code of the Republic of Kazakhstan, forest resources consist of stocks of wood, oleoresin and tree sap, secondary wood resources, wild fruits, nuts, mushrooms, berries, medicinal plants and technical raw materials, other products of plant and animal origin located, accumulated and extracted in the forest fund.
The beneficial properties of a forest include its ecological and socially significant functions characteristic of it in a growing state (oxygen release, carbon dioxide absorption, soil protection from water and wind erosion, conversion of surface water runoff into subsurface, balneological and climate-regulating properties).
According to clause 4) of Article 88 of the Forest Code of the Republic of Kazakhstan, the following types of forest management can be carried out in the state forest fund: secondary forest uses (haymaking, cattle grazing, maral breeding, animal husbandry, placement of beehives and apiaries, horticulture, melon growing, gardening and cultivation of other crops, harvesting and collection of medicinal plants and technical raw materials, wild fruits, nuts, mushrooms, berries and other food products, moss, forest litter and fallen leaves, reeds).
98 of the Forest Code of the Republic of Kazakhstan stipulates that harvesting and harvesting of wild fruits, nuts, mushrooms, berries, medicinal plants and technical raw materials, maral breeding, animal husbandry, placement of beehives and apiaries, horticulture, melon growing, gardening and cultivation of other crops on the plots of the state forest fund should be carried out without harming the forest in accordance with the procedure established by the Legislation of the Republic of Kazakhstan. determined by the rules of secondary forest use in the Republic of Kazakhstan, approved by the authorized body.
Chapter 6 of the Rules of Secondary Forest Use on the territory of the State Forest Fund, approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated April 30, 2015 No. 18-02/405, regulates the procedure for harvesting and collecting medicinal plants and technical raw materials. Thus, forest users harvest medicinal (leaves, flowers, fruits, buds, roots, rhizomes, tubers of herbaceous plants and some types of shrubs) and technical raw materials on the territory of the state forest fund.
The procurement (collection) of medicinal and technical raw materials is carried out in volumes that ensure the timely restoration of plants and the reproduction of their stocks. Commercial harvesting (collection) of medicinal and technical raw materials is carried out in specially designated areas.
Harvesting (collection) of medicinal herbs for own consumption is also carried out in specially designated areas, while the boundaries of harvesting (forestry, tract, quarter, allotment) are indicated in the forest ticket.
Thus, the objective side of the offense is expressed in actions for the illegal collection of medicinal plants and technical raw materials in areas where it is prohibited or allowed only on forest tickets.
The subjective side of the offense is manifested in the fact that the act can be committed both in the form of direct intent and negligence.
The general subject of the offense is an individual or a legal entity.
Part 4 of Article 370 of the Administrative Code is characterized by the fact that its composition may coincide with one of the first three parts of the commented article (object, objective side, subjective side, subject) if there is one qualifying feature. These actions must be carried out in specially protected natural areas.
Paragraph 3) of Article 1 of the Law of the Republic of Kazakhstan dated July 7, 2006 No. 175 "On specially Protected Natural Territories" states that a "specially protected natural territory" is "areas of land, water bodies and airspace above them with natural complexes and objects of the state nature reserve fund, for which a regime is established. special protection".
Article 14 of the Law of the Republic of Kazakhstan "On Specially Protected Natural Territories" regulates the categories and types of specially protected natural territories. Thus, specially protected natural territories, depending on the importance of objects of the state nature reserve fund, belong to the category of republican or local significance.
Depending on the purposes of creation and the type of protection regime, the following types of specially protected natural territories of national importance are distinguished:
1) state nature reserves;
2) State-owned national nature parks;
3) State natural reserves;
4) State zoological parks;
5) State botanical gardens;
6) State arboretum parks;
7) State natural monuments;
8) state nature reserves;
9) State protected areas.
Depending on the objectives of the creation and the type of protection regime, the following types of specially protected natural areas of local importance are distinguished:
1) State regional nature parks;
2) State zoological parks;
3) State botanical gardens;
4) State arboretum parks;
5) State natural monuments;
6) state nature reserves.
Legislative acts of the Republic of Kazakhstan may provide for other types of specially protected natural territories. The assignment of specially protected natural territories to the category of republican significance is carried out by the Government of the Republic of Kazakhstan on the recommendation of the authorized body, to the category of local significance - by the local executive bodies of regions, cities of republican significance, the capital in coordination with the authorized body.
The transfer of a specially protected natural area with the status of a legal entity from one type to another, resulting in a decrease in its status, is carried out with partial or complete loss of its special value and uniqueness as a result of a natural and (or) man-made emergency.
The decision to transfer a specially protected natural territory with the status of a legal entity from one type to another, entailing a decrease in its status or an increase, is made on the basis of a positive conclusion of the state environmental expertise on a scientific basis.:
1) for a specially protected natural area of national significance - by the Government of the Republic of Kazakhstan on the proposal of the authorized body;
2) for a specially protected natural area of local significance - by the local executive body of the region, the city of republican significance, the capital in coordination with the authorized body.
The transfer of specially protected natural territories from the category of "national significance" to the category of "local significance" is not allowed, with the exception of state natural monuments located within the boundaries of cities of national significance.
In accordance with Article 709 of the Administrative Code, cases of administrative offenses are considered and administrative penalties are imposed under Article 370 of the Administrative Code by the authorized body in the field of forestry, fishing and hunting.
In accordance with paragraphs 1) of Part 1 of Article 797 of the Administrative Code, when committing violations specified in Article 370 of the Administrative Code, an authorized official specified in part two of Article 797 of the Administrative Code has the right to detain, deliver and prohibit the operation of vehicles, vessels, including small vessels, by delivering them for temporary storage to special sites, parking lots, or sites adjacent to a stationary transport control post, including those using another vehicle (tow truck), vessel, or small vessel, until the reasons for the detention are eliminated.;
According to part 2 of art . 797 of the Administrative Code, detention, delivery and prohibition of operation of a vehicle, vessel, including a small vessel, are carried out by employees of the internal affairs bodies, the Border Guard Service of the National Security Committee for the Protection and Protection of the State Border of the Republic of Kazakhstan, the military police when committing an administrative offense by a person driving a vehicle of the national security bodies, the Armed Forces of the Republic of Kazakhstan, and other troops and military formations of the Republic of Kazakhstan, transport control bodies within their powers, bodies of forestry and hunting, specially protected natural territories, fish protection (in case of violation of legislation in the field of forestry, fishing, hunting, specially protected natural territories), officials of state revenue bodies within their powers.
The delivery (evacuation) of a vehicle for its temporary storage at special sites or parking lots may be carried out by local executive authorities.
Paragraphs 2) of Part 3 of Article 804 of the Administrative Code stipulates that in cases of administrative offenses, the consideration of which is attributed to the jurisdiction of the bodies specified in Articles 685-735 of the Administrative Code, protocols on offenses may be drawn up by authorized officials of these bodies. In addition, officials of specialized organizations of authorized bodies in the field of forestry, fishing and hunting have the right to draw up protocols on administrative offenses (art. 370 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.);
Karpekin Alexander Vladimirovich, Candidate of Law, Associate Professor – chapter 13 (in collaboration with Zhusipbekova A.M.);
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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