Commentary to article 582. Violation of the rules of operation of vessels, including small vessels, as well as the management of a vessel, including a small vessel, by a person who does not have the right to manage  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Management of a vessel (including a small one) that is not registered in accordance with the established procedure or has not passed a technical inspection (survey), or does not carry side numbers and designations, or has been converted without appropriate permission, or has malfunctions that prohibit its operation, or in violation of loading rules, passenger capacity standards, area restrictions and sailing conditions -

     entails a fine in the amount of fifteen monthly calculation indices.

     2. Management of a vessel, including a small vessel, by a person who does not have the right to operate this vessel, including a small vessel, as well as management of a vessel, including a small vessel, by a person who does not have a document confirming the right to operate this vessel, including a small vessel, or transfer of control such a vessel, including a small vessel, to a person who does not have the right to operate, -

     they entail a fine in the amount of ten monthly calculation indices.

     3. Management of a vessel, including a small vessel, in the absence of ship's documents, as well as in violation of the requirements for ship's documents, -

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

     4. Management of a vessel, including a small vessel, with deliberately forged or forged registration numbers and designations -

     entails a fine in the amount of twenty monthly calculation indices.

     5. Operating a small vessel without wearing and strapping on individual life-saving equipment for persons on a small vessel or towed floating vessel, -

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

     The general object of the offense of the commented article is the social and legal relations arising in the field of ensuring the safety of movement (navigation) of vessels, including small vessels.

     Vessel - an inland waterway vessel, a self-propelled or non-self-propelled floating structure used for navigation purposes, including a river-sea navigation vessel, a ferry, a technical fleet vessel (dredging and dredging shells, a floating crane and other similar technical structures), as well as other vessels that are not small vessels.

     A small vessel is a vessel with a length of not more than twenty meters with a permissible number of people on board of not more than twelve people, except for vessels built or equipped for fishing, cargo transportation, towing, prospecting, exploration and mining, construction, track, hydraulic engineering and other similar works, pilotage and icebreaking, as well as implementation of measures to protect water bodies from pollution and clogging.

     The objective side of the offense provided for in part 1 of the article in question is expressed by illegal actions (omissions) in the form of controlling a vessel (including a small one):

     1) not registered in accordance with the established procedure;

     2) those who have not passed the technical inspection (inspection);

     3) not bearing on-board numbers and designations;

     4) converted without appropriate permission;

     5) having malfunctions with which its operation is prohibited;

     6) in violation of the rules of loading and standards of passenger capacity;

     7) violation of restrictions on the area and conditions of navigation.

     Based on paragraph 2 of the Rules of Navigation on Inland Waterways, inscriptions on vessels and rafts (letters and registration numbers) are applied in accordance with the Order of the Acting Minister of Investment and Development of the Republic of Kazakhstan dated January 23, 2015 No. 51 "On approval of the Rules of State Registration of a vessel, including a small vessel, and the rights to him."

     In accordance with paragraph 61 of these Rules, the registration numbers assigned to ships and their letter designations (alphanumeric and numeric) are applied on both sides of the bow of the vessel above its name. In this case, the inscription of the vessel's name should be larger in size than its registration number and letter designations. Other inscriptions on the bow of the vessel are not allowed.  

     An inspection of the vessel is carried out to identify deficiencies in the admission of a vessel, including a small one. Survey is an inspection of a vessel in order to determine its technical condition in accordance with the requirements established by the technical regulations and rules of the Register of Shipping, aimed at ensuring the safety of navigation of the vessel, taking into account its purpose and confirmation of the class.

     According to paragraph 3 of the Rules for Technical Supervision of Deck-mounted Small Vessels, approved by Order No. 669 of the Minister of Investment and Development of the Republic of Kazakhstan dated September 24, 2018, the procedure for technical inspection of vessels, including small vessels, is defined.  

     The Register of Shipping is a republican state–owned enterprise for the classification and technical safety of ships and small-decked vessels established by decision of the Government of the Republic of Kazakhstan.

     Technical supervision is the activity of the Register of Shipping for the inspection of small deck vessels. Based on the results of the survey, an act of inspection of a small-deck vessel is drawn up, containing the results of the survey.

     The objective side of the offense provided for in part 2 of the commented article

     1) management of a vessel, including a small vessel, by a person who does not have the right to manage this vessel, including a small vessel;

     2) management of a vessel, including a small vessel, by a person who does not have with him a document confirming the right to manage this vessel, including a small vessel;

     3) transfer of control of such a vessel, including a small vessel, to a person who does not have the right to manage.

     It should be noted that the transfer of the right of management to a person who does not have a document for managing a vessel (forgot at home), including a small vessel, is not an administrative offense. It may seem that this is a gap in the legislation, but if a person has forgotten a document confirming his right to operate a ship, it should not be a codified tort, since this is a natural disadvantage of any person on earth. This is equivalent to punishing a deaf-mute person for not being able to speak or hear.

     The subjects of part 2 of this article are indicated in the disposition of the article:

     1) a person who does not have the right to operate a vessel at all, including a small vessel;

     2) a person who does not have with him a document for the management of a vessel, including a small vessel;

     3) a person who has unlawfully transferred control of such a vessel, including a small vessel, to a person who has no right to control at all.

     The objective side of the offense provided for in part 3 of the article in question

     1)management of a vessel, including a small vessel, in the absence of ship's documents;

     2) management of a vessel, including a small vessel in violation of the requirements for ship's documents.

     Based on Article 23 of the Law of the Republic of Kazakhstan dated July 6, 2004 "On Inland Waterway Transport", the following ship's documents must be on board:

     1) ship's certificate, which confirms the right of navigation of a vessel under the State flag of the Republic of Kazakhstan and the ownership of the vessel (for vessels subject to registration in the State Ship Registry);

     2) certificate of temporary granting of the right to sail under the State flag of the Republic of Kazakhstan to a foreign vessel (for vessels registered in the register of leased foreign vessels);

     3) certificate of seaworthiness of the vessel indicating its class or with a classification certificate;

     4) ship's log (logbook) for self-propelled vessels;

     5) ship's role (for self—propelled vessels) - a list of ship's crew members compiled by the ship's captain;

     6) radio magazine (if the ship has a ship radio station);

     7) permission of the ship's station (if the ship has a ship's radio station);

     8) Engine magazine (for power-driven vessels);

     9) unified ship inspection book;

     10) sanitary and epidemiological conclusion on the ship;

     12) certificate of prevention of pollution from the ship by oil, sewage and garbage;

     13) certificate of the minimum crew of the vessel (for self-propelled vessels).

     The following documents must be on board a small vessel operating on inland waterways and other bodies of water:

     1) a ship's ticket with a note on the passage of the annual technical inspection of the vessel for seaworthiness;

     2) a power of attorney from the owner for the right to operate a small vessel with a copy of the identity card of the owner of the vessel in the absence of the owner on the small vessel.

     The objective side of the offense provided for in part 4 of the article in question is characterized by two qualifying features in the form of ship management, including a small vessel.:

     1) with deliberately forged registration numbers and designations;

     2) fake registration numbers and designations.

     Forged state registration board numbers should be understood as numbers manufactured outside the manufacturing company in accordance with the procedure established by law, distorting the symbols applied to them by the manufacturing company, as well as state registration numbers issued during state registration to another vessel.

Forgery of a state registration number may result in changing the series, number, or serial number by painting over, redrawing, or replacing the sign with another sign.

     If signs of forgery of state registration plates are found, it is necessary to check the vessel's wanted list and find out other reasons for forgery.  

     The objective side of the offense, provided for in part 5 of the commented article, is expressed by illegal actions (inactions) in the form of operating a small vessel without wearing and strapping on individual rescue equipment for persons on a small vessel or towed watercraft.  

     This provision first appeared in the Administrative Code on the basis of the Law of the Republic of Kazakhstan dated December 28, 2017 No. 127 "On Amendments and Additions to the Code of the Republic of Kazakhstan on Administrative Offenses". The norm supplemented Article 582 of the Administrative Code in order to reduce the number of adverse incidents as a result of transport accidents and accidents involving small vessels.

     Paragraphs 10-13 of the Rules for the Use of Small Vessels and bases (facilities) for their parking, approved by the Order of the Acting Minister of Investment and Development of the Republic of Kazakhstan dated March 27, 2015 No. 354, defines the procedure for the use of individual rescue equipment.

     Small vessels and towed swimming facilities are equipped with individual rescue equipment of appropriate size for the skipper and other persons on board a small vessel or towed swimming facility. When sailing on small vessels, it is not allowed to sail without individual life-saving equipment. Individual life-saving equipment (life jackets, belts, bibs) must be worn and fastened on the skipper and other persons aboard a small vessel or towed watercraft. During the anchoring of a small vessel, it is allowed for people to be on a small vessel without wearing individual rescue equipment, with the exception of inflatable and rowing small vessels.

     The subject of the offense in all parts of the article under study is an individual who operates a vessel, including a small vessel.

     The subjective side of all parts of the commented article can be expressed in the form of direct intent or a careless form of guilt.

     They have the right to draw up protocols on administrative offenses provided for in all parts of Article 582 of the Administrative Code and impose administrative penalties.:

     1) on behalf of the transport control authorities, the heads of the authorized body in the field of transport and communications, its territorial divisions and their deputies. (Part 1 of Article 691 of the Administrative Code );

     2) heads of the transport control body and its deputies, heads of territorial transport control bodies and their deputies (Clause 1, Part 2, Article 691 of the Administrative Code).

     Based on paragraph 1 of part 3 of Article 804 of the Administrative Code, officials of the authorized body in the field of transport and communications have the right to draw up a protocol on administrative offenses under Article 582 of the Administrative Code.

     In case of violations provided for in this article, the above-mentioned officials have the right to detain, deliver and prohibit the operation of a small vessel by delivering them for temporary storage using another vessel or small vessel, until the reasons for the detention are eliminated. (paragraph 1 of Article 1 of Article 797 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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