Commentary to article 483. Violation of the order of storage, accounting, use, transportation, trade, destruction, import, export of civil pyrotechnic substances and products with their use  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Violation of the procedure for storage, accounting, use, transportation, trade, destruction, import, export of civil pyrotechnic substances and products with their use by persons licensed to operate in the sphere of turnover of civil pyrotechnic substances and products with their use, -

     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 fifteen, for large businesses in the amount of forty-five monthly calculation indices, with confiscation of civil pyrotechnic substances and products with their use.

     2. Sale of civil pyrotechnic products of hazard class 4 outside the places of their storage and (or) to persons who do not have a license to purchase civil pyrotechnic products of hazard class 4, -

     entails a fine for individuals in the amount of ten, for small businesses or non-profit organizations in the amount of twenty, for medium-sized businesses in the amount of thirty, for large businesses in the amount of seventy monthly calculation indices, with confiscation of civil pyrotechnic substances and products with their use.

     3. The actions provided for in the first and second parts of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -

     They impose a fine on individuals in the amount of twenty, on small businesses or non-profit organizations in the amount of forty, on medium-sized businesses in the amount of sixty, on large businesses in the amount of one hundred monthly calculation indices, with confiscation of civil pyrotechnic substances and products with their use.

     Part 1. The public danger of an administrative offense is a violation of the established procedure for handling civil pyrotechnic substances and products with their use.  

     These substances are a source of increased danger, therefore, the activities associated with them are under special control by authorized bodies. Thus, in accordance with the Law of the Republic of Kazakhstan "On Permits and Notifications", activities related to the development, production, trade, and use of civil pyrotechnic substances and products with their use are subject to licensing, i.e. a set of measures related to the issuance and renewal of a license and/or appendices to the license and a duplicate license and/or appendices to the license, the implementation of permissive control, suspension, renewal and termination of the license and/or appendices to the license.  

     In addition, according to the Law "On Internal Affairs Bodies of the Republic of Kazakhstan", the development and approval of rules for the acquisition, storage, accounting, use, transportation, destruction, import, export of civil pyrotechnic substances and products with their use is attributed to the competence of internal affairs bodies.  

     Currently, the procedure for the implementation of the above actions is determined by the Rules for the Acquisition, Storage, Accounting, Use, Transportation, Destruction, Import, export of Civil pyrotechnic substances and products with their use (hereinafter referred to as the Rules), approved by Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated April 8, 2015 No. 319.

     The object of an administrative offense is the procedure established by the Rules and other regulatory legal acts for the storage, accounting, use, transportation, trade, destruction, import, export of civil pyrotechnic substances and products with their use.

     The commented article applies to civil pyrotechnic substances and products, which are divided into 5 classes according to the degree of potential danger when used.:

     1) Class I – products that do not have shock waves and fragments flying apart during an explosion, kinetic energy of motion is not more than 0.5 J, acoustic radiation at a distance of 0.25 m from the product is not more than 125 dB, and the radius of the danger zone for other factors does not exceed 0.5 m.;

     2) Class II – products that do not have shock waves and fragments flying apart during an explosion, kinetic energy of motion is not more than 5 J, acoustic radiation at a distance of 2.5 m from the product is not more than 140 dB, and the radius of the danger zone for other factors does not exceed 5 m.;

     3) Class III – products that do not have shock waves and fragments flying apart during an explosion, kinetic energy in directional motion is more than 5 J, in non–directional motion - no more than 20 J, acoustic radiation at a distance of 5 m from the product is not more than 140 dB, and the radius of the danger zone for the rest factors not exceeding 30 m of Class III and not more than 20 m for subclass IIIa;

     4) Class IV – products that do not have a shock wave among the dangerous factors, and the radius of the danger zone for at least one of the other factors is more than 30 m.;

     5) Class V – other pyrotechnic substances and products not included in classes I-IV.

     The Rules provide for the following procedure for the storage of civil pyrotechnic substances and products with their use. After purchasing pyrotechnic substances and products with their use, legal entities licensed for the development, production, use and trade of pyrotechnic substances and products place them in specially equipped premises (on the right of ownership or lease) for sale and (or) warehouses for storing finished pyrotechnic products that meet the requirements of Fire Safety Regulations. safety measures approved by the Resolution of the Government of the Republic of Kazakhstan dated October 9, 2014 No. 1077 and ensuring the safety of, accounting and the ability to verify the availability of the products being considered.

     The storage of civil pyrotechnic substances and products by legal entities is carried out on the basis of the permission of the internal affairs body. It is produced in accordance with the requirements of the operational documentation and fire safety regulations and excludes direct sunlight and precipitation on packages with pyrotechnic substances and products. It is carried out in wholesale, supply warehouses and retail warehouses in stacks (on pallets or wooden floors) and on racks. Temporary storage of pyrotechnic substances and products in equipped vehicles or in places of use within the technological cycle of work is allowed.

     The rules provide requirements for the loading standards of storage facilities, their location, safety measures and other storage conditions.

     For accounting in warehouses and retail outlets, a book of finished products is kept in accordance with the established form. The sale of finished products to wholesale consumers is recorded in the corresponding book. The books of accounting for finished products and accounting for the sale of finished products to wholesale consumers are numbered, laced and sealed with the seal of the internal affairs body with the imprint "Licensyalau-ruksat beru juyesi". Each type of product released from warehouses should be considered separately. Entries in the books should be made on the basis of the receipt and expenditure documents upon receipt or delivery of the cargo.

     The use (demonstration) of pyrotechnic substances and products of Class IV in the territory of the Republic of Kazakhstan is carried out by legal entities licensed for their use by the Ministry of Internal Affairs of the Republic of Kazakhstan.

     Legal entities that demonstrate fireworks are allowed to use them in public and cultural events only with the permission of the local administration after approval of the documentation for the right to produce works, agreed with the territorial body of internal affairs.

     At the same time, technical documentation for pyrotechnic substances and products, a layout plan, and specially equipped vehicles for transporting products are submitted for approval.

     The following safety requirements are met during the transportation of pyrotechnic substances and products:

     1) transportation of pyrotechnic substances and products ensures the preservation of their properties and is carried out in accordance with the rules of cargo transportation applicable to this type of transport, taking into account the hazard class of the product.;

     2) pyrotechnic substances and products are allowed for transportation only on condition that they are packaged, labeled, have handling marks, necessary shipping documents, and their consumer properties are preserved during transportation and compliance with the requirements of operational documentation is ensured.;

     3) pyrotechnic household items purchased by citizens for personal use may be transported in compliance with the requirements of the operational documentation in an amount not exceeding 333 kg by gross weight per carriage.

     Pyrotechnic substances and products that have lost their consumer properties or do not comply with the requirements of technical regulations are subject to destruction, including:

     1) failure of electric igniters;

     2) non-ignition of compounds;

     3) incomplete operation of products;

     4) wire breakage of electric igniters;

     5) Expiration date;

     6) absence (loss) of identification features;

     7) detection of spoilage traces;

     8) counterfeit pyrotechnic products.

     All failed products and components must be destroyed in accordance with the operating instructions for a particular product developed by the supplier.

The destruction of unsuitable pyrotechnic substances and products is carried out with the participation of a representative of the internal affairs body.

     Pyrotechnic substances and products are imported into and exported from the Republic of Kazakhstan under a license from the authorized body in the field of export control, which are coordinated with the Ministry of Internal Affairs of the Republic of Kazakhstan.  

     When importing (exporting) pyrotechnic substances and products by road, the route of transportation of dangerous goods agreed with the administrative police authorities is provided.

     The objective side of the offense is the violation of these and other requirements listed in the Rules and other regulatory legal acts regarding the storage, accounting, use, transportation, trade, destruction, import, export of civil pyrotechnic substances and products with their use.  

     For example, the Aral District Court considered an administrative case against citizen S. According to the case file, the offender S. used civil pyrotechnic substances near the restaurant without the permission of the local administration and the internal affairs body, violating the order of use. At the hearing, the offender's guilt in committing an administrative offense was proved by the case materials and his confessions. By a court order, the offender S. He was found guilty under part 1 of Article 483 of the Administrative Code of the Republic of Kazakhstan and subjected to an administrative penalty in the form of an administrative fine in the amount of 10605 tenge.

     An act can be expressed both in the form of an action and inaction.

     The subject of the offense is a person who has a license to operate in the sphere of trafficking in civil pyrotechnic substances and products with their use. A license is a first–category permit issued by the licensor to an individual or legal entity to carry out a licensed type of activity or a subspecies of a licensed type of activity associated with a high level of danger. The license for the development, production, trade, and use of civil pyrotechnic substances and products with their use is included in the list of permits of the first category (licenses).

     The subjective side is characterized by both intentional and careless forms of guilt.

     Part 2. Clause 12 of the Rules states that pyrotechnic substances and products are stored in wholesale, supply and retail warehouses in stacks (on pallets or wooden floors) and on racks. Temporary storage of pyrotechnic substances and products in equipped vehicles or in places of use within the technological cycle of work is allowed.

     According to paragraphs 3-4 of the Rules, legal entities sell pyrotechnic substances and products from the 1st to the 3rd hazard class to individuals for personal use without a purchase permit (freely).  

     The sale of civil pyrotechnic products of hazard class 4 outside the places of their storage and (or) to persons who do not have a license to purchase civil pyrotechnic products of hazard class 4 is a violation of the above provisions of the Rules and forms the objective side of the administrative offense provided for in part two of the commented article. An act is committed through an action.

     The subject of the offense is individuals and legal entities.

     The subjective side is characterized by an intentional form of guilt. The guilty person was aware of the unlawful nature of his action, foresaw its harmful consequences and desired or consciously allowed these consequences to occur or treated them indifferently.

     The third part of the commented article defines the commission of a similar offense repeatedly within a year after the imposition of an administrative penalty under parts one and two of Article 483 of the Administrative Code.

     Protocols on administrative offenses provided for in Article 483 of the Administrative Code may be drawn up by authorized officials of the internal affairs bodies, as well as military police bodies of the Armed Forces of the Republic of Kazakhstan in cases of offenses committed by military personnel, conscripts, conscripts, and persons driving vehicles of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan (Article 804 of the Administrative Code).  

     Cases of these administrative offenses are considered by judges of specialized district and equivalent administrative courts (Part 1 of Article 684 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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