Commentary to article 372. Destruction or damage to forest fauna, as well as damage, contamination of forests with waste, chemicals and other damage to forest lands  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Destruction or damage of forest fauna –

     entails a fine for individuals in the amount of five, for small businesses or non–profit organizations – in the amount of ten, for medium–sized businesses - in the amount of twenty, for large businesses - in the amount of two hundred and fifty monthly calculation indices.

     2. Damage to the forest by sewage, chemicals, industrial and household emissions, waste and refuse, resulting in its desiccation or disease or clogging of the forest, –

     entails a fine for individuals in the amount of five, for small businesses or non–profit organizations – in the amount of thirty–five, for medium-sized businesses - in the amount of seventy, for large businesses - in the amount of four hundred monthly calculation indices.

     3. Destruction or damage of drainage ditches, drainage systems and roads on forest fund lands –

     entails a fine on individuals in the amount of five monthly calculation indices.

     4. Actions provided for in the first, second and third parts of this Article, committed in specially protected natural territories, –

     They impose a fine on individuals in the amount of ten, on small businesses or non–profit organizations – in the amount of fifty–five, on medium-sized businesses - in the amount of one hundred, on large businesses - in the amount of five hundred monthly calculation indices.

     Part 1. The object of the commented offense is the forest fauna. 113 of the Forest Code of the Republic of Kazakhstan dated July 8, 2003 No. 477 stipulates that violations in the field of protection, protection, use of the forest fund, reproduction of forests and afforestation are the destruction of fauna useful to the forest.

     According to 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).

     In accordance with Article 62 of the Forest Code of the Republic of Kazakhstan, the main tasks of protecting and protecting the state forest fund are:

     1) carrying out measures for the prevention of forest fires, their timely detection and elimination;

     2) ensuring that all organizations operating and located on the territory of the state forest fund, as well as individuals located in the forest, comply with fire safety and sanitary rules in forests;

     3) protection of forests from illegal logging, damage, theft and other violations of the forest legislation of the Republic of Kazakhstan, as well as protection of lands of the state forest fund;

     4) ensuring that forest users comply with the rules for the release of wood on the root, logging on the sites of the state forest fund and the rules of other types of forest management;

     5) timely identification of foci of forest pests and diseases, forecasting their development and control;

     6) carrying out biotechnical measures;

     7) ensuring compliance with the rules of hunting and fishing on the territory of the state forest fund;

     8) other actions ensuring the protection and protection of the state forest fund, reproduction, rational use of forests and afforestation;

     9) ensuring compliance with environmental requirements established by the environmental legislation of the Republic of Kazakhstan.

     75 of the Forest Code of the Republic of Kazakhstan states that the restoration and reproduction of plant and animal species and forms in forest biocenoses are carried out through the reintroduction of the best representatives of the local native flora and fauna. The introduction of plant species that harm the main native plant species is prohibited.

     In accordance with paragraph 377 of the Instructions for Forest Management, approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated November 9, 2012 No. 17-02/566, when hunting management works are carried out simultaneously with forestry (or if there are materials from previous hunting management), this section is not developed, and in the forestry project an appropriate reference is made to hunting management documents. In the absence of hunting management documents, the forestry project provides information on the number of fauna living on the site (according to the forest owner) and develops biotechnological measures aimed at increasing the number of animals and birds, improving forage, nesting and protective properties of land, feeding animals in winter, reducing the number of predators, and reducing the harmful effects of human activity.

     The objective side of the commented offense is expressed in actions to destroy or damage the forest fauna.  

     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 general subject of the offense is an individual, a small business entity or a non-profit organization, a medium-sized business entity, or a large business entity.  

     Part 2. The object of the commented offense is the forest. According to paragraph 32) of Article 4 of the Forest Code of the Republic of Kazakhstan, a "forest" is "a natural complex formed in a certain territory, based on a combination of woody and shrubby vegetation and other components of wildlife, interacting with the environment and having important ecological, economic and social significance."  

     Article 6 of the Forest Code of the Republic of Kazakhstan states that all forests located on the territory of the Republic of Kazakhstan, as well as forest lands not covered by forest vegetation, but intended for forestry, form the forest fund of the Republic of Kazakhstan (hereinafter referred to as the forest fund). The Forest fund consists of public and private forest funds.

     The State forest fund includes:

     1) forests of natural and artificial origin (including forest and non-forest lands) on the lands of specially protected natural territories;

     2) forests of natural and artificial origin, as well as land plots not covered with forest vegetation provided for the needs of forestry on the lands of the state forest fund;

     3) protective plantings on the right-of-way of railways and public roads of international and national importance, canals, main pipelines and other linear structures with a width of ten meters or more, with an area of more than 0.05 hectares.

     The private forest fund includes those created at the expense of funds from individuals and non-governmental legal entities on lands granted to them for private ownership or long-term land use, in accordance with the Land Code with the intended purpose for afforestation.:

     1) artificial plantings;

     2) plantings of natural origin that have arisen by seed and (or) vegetative means;

     3) private forest nurseries;

     4) plantation plantations for special purposes;

     5) agroforestry plantations;

     6) protective plantings on the right-of-way lanes of privately owned commercial highways.

     The forest fund does not include:

     1) individual trees and groups of trees with an area of less than 0.05 hectares located outside the lands of the state forest fund, shrubby vegetation on agricultural lands;

     2) landscaping within the boundaries of populated areas, except urban forests;

     3) trees and shrubs on household, suburban and garden plots.

     113 of the Forest Code of the Republic of Kazakhstan states that violations in the field of protection, protection, use of the forest fund, reproduction of forests and afforestation are damage to forests by sewage, chemicals, industrial and household emissions, waste and refuse, resulting in its desiccation or disease, or clogging of forests.

     Thus, the objective side of the offense is expressed in actions to damage the forest with sewage, chemicals, industrial and household emissions, waste and refuse, resulting in its drying out or disease or clogging of the forest.

     According to paragraph 68) of Article 1 of the Environmental Code of the Republic of Kazakhstan dated January 9, 2007 No. 212, "wastewater" is "water used for industrial or domestic needs and thus received additional impurities (pollution) that changed their original composition or physical properties. The waters flowing from the territory of populated areas and industrial enterprises at the time of precipitation, watering of streets or after that, the waters formed during mining, are also considered sewage."

     In accordance with paragraph 44 of the "Sanitary Rules in Forests", approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated November 17, 2015 No. 18-02/1003, damage to forests by sewage, chemicals, industrial and household emissions, waste and refuse, resulting in its desiccation or disease, or clogging of forests is not carried out. Incineration of garbage taken out of populated areas is carried out only in specially designated areas.

The subjective side of the commented offense is expressed 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 individuals, a small business entity or a non-profit organization, a medium-sized business entity, or a large business entity.  

     Part 3. The object of the offense are drainage ditches, drainage systems and roads on the lands of the forest fund.  

     According to subclause 16), clause 1, Article 113 of the Forest Code of the Republic of Kazakhstan, violations in the field of protection, protection, use of the forest fund, reproduction of forests and afforestation are the destruction or damage of drainage ditches, drainage systems and roads on the lands of the forest fund.  

     In accordance with Article 8 of the Forest Code of the Republic of Kazakhstan, the lands of the forest fund are divided into lands of public and private forest funds.

     The lands of the state forest fund include lands covered with forests of natural origin, artificial forests created at the expense of budgetary funds, and not covered with forests (forest and non-forest lands) provided for permanent land use by state organizations engaged in forestry.

     The lands of the private forest fund include lands granted to individuals and non-governmental legal entities for private ownership or long-term land use in accordance with the Land Code of the Republic of Kazakhstan with the intended purpose for afforestation, occupied by:

     1) artificial plantings;

     2) plantations of natural origin, originated by seed and (or) vegetative pathways;

     3) private forest nurseries;

     4) special purpose plantation plantations;

     5) agroforestry plantations;

     6) protective plantings on the right-of-way lanes of privately owned commercial highways.

     The boundaries of the lands of the state forest fund are established and clarified during land management works based on forest management materials.

     Alienation of lands of the state forest fund by purchase and sale, pledge and other transactions is not allowed. The procedure for the provision, withdrawal and use of forest fund lands is determined by this Code, the Land and Civil Codes of the Republic of Kazakhstan.

     The objective side of the commented offense is expressed in actions to destroy or damage drainage ditches, drainage systems and roads on the lands of the forest fund.  

     The subjective side of the commented offense is expressed 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 individuals.

     Part 4. Part four of Article 372 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) in the presence of 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 territory 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 area 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 372 of the Administrative Code by the authorized body in the field of forestry, fishing and hunting.  

     In accordance with subclause 1) of Part 1 of Article 797 of the Administrative Code, when committing violations specified in Article 372 of the Administrative Code, the authorized official specified in part two of this Article 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 using another vehicle (tow truck), vessel or small vessel, until the reasons for the detention are eliminated.  

     In part 2 of art . 797 of the Administrative Code states that the 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, 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.

     In accordance with paragraphs 2) of Part 3 of Article 804 of the Administrative Code 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 (Article 372 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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