Commentary to article 584. Violation of rules ensuring the safety of ship operation on inland waterways The Code of the Republic of Kazakhstan on Administrative Offences
1. Excluded in accordance with the Law of the Republic of Kazakhstan dated 28.12.17 № 127-VI
2. Destruction, damage, disruption, illegal rearrangement of floating and coastal navigation equipment, communications and alarm systems, violation of the rules of maintenance, operation and established mode of operation of navigation equipment on bridges, dams and other hydraulic structures, installation without proper permission (approval) of signs, structures, sources of sound and light signals that interfere with identification navigation signs and signals, -
they entail a fine in the amount of ten monthly calculation indices.
3. Dumping of garbage and other objects overboard -
entails a fine in the amount of one monthly calculation index.
Since 2018, the commented article has been significantly amended 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". Firstly, the first part was excluded with its complete decriminalization, since the legislation on inland waterway transport does not provide for diving operations, which means that these legal relations cannot be violated. Secondly, part of the thirds excluded the type of administrative penalty in the form of a warning for not entirely justified reasons.
The general object of the offense of the commented article is the social and legal relations that arise when observing the rules that ensure the safety of ship operation.
The objective side of the offense provided for in part 2 of the article in question is expressed by illegal actions (omissions) in the form of:
1) destruction, damage, disruption, illegal rearrangement of floating and coastal navigation equipment, communications and alarm systems;
2) violations of the rules of maintenance, operation and the established operating mode of navigation equipment on bridges, dams and other hydraulic structures;
3) installation without proper permission (approval) of signs, structures, sources of sound and light signals that interfere with the identification of navigation signs and signals.
The methods of illegal actions create (may create) interference in the identification of navigation signs and signals, therefore, violate the rules ensuring the safety of vessel operation on inland waterways.
When moving on waterways with a lateral navigation equipment system, vessels follow the navigation course, guided by the signs of the navigation situation. The navigation situation is set so that the skipper can ensure the movement of the vessel or train from sign to sign, observing the ratio of the dimensions of the vessels or trains and the waterway. Outside the navigation area, as well as on waterways where the navigation area is not equipped (provided that they are suitable for navigation), vessels used for navigation or used by government agencies exercising control and supervisory functions sail.
Equipping sections with a cardinal system of equipment is regulated by Chapter 8 of the Rules of Navigation on Inland Waterways, approved by Order of the Minister of Investment and Development of the Republic of Kazakhstan dated April 30, 2015 No. 537. The boundaries of sections with a cardinal system of navigation equipment are indicated in sections or on navigation maps. In cases not provided for by the norms of this chapter, all vessels, including high-speed, sailing and small vessels, when sailing through areas with a cardinal navigation equipment system, comply with the requirements of other chapters of the above-mentioned Rules.
Based on Article 94 of the Law of the Republic of Kazakhstan dated July 6, 2004 "On Inland Waterway Transport", liability for damage caused during navigation and other activities on inland waterways and in ports. Damage caused by individuals and legal entities as a result of damage or destruction of navigation equipment, navigable hydraulic structures, ship passages and other facilities is subject to compensation in accordance with the Civil Code of the Republic of Kazakhstan.
The objective side of the offense provided for in part 3 of the article under study is expressed by intentional illegal actions in the form of throwing garbage and other objects overboard.
In our opinion, the object of the offense should be public relations in the field of environmental and environmental safety, and the sphere of ensuring the safety of the operation of vessels, including small ones, should be an optional object of offense.
For the first time, national legislation provided for administrative liability for pollution of public places by the Law of the Republic of Kazakhstan dated July 22, 2011 "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on housing relations".
When qualifying an offense, it should be understood that it is garbage that is prohibited from being thrown overboard. Unfortunately, codified legislation does not define garbage, but by-laws and regulations have adopted a classifier of garbage, that is, waste. By Order of the Minister of Environmental Protection of the Republic of Kazakhstan dated 05/31/07 No. 169, the Waste Classifier was approved, the classifier is intended for use in the waste management system, as well as assessment of social, economic, resource and material risk and damage in the event of accidents and catastrophes. The classifier is designed to determine the hazard level and waste coding. In the absence of this type of waste in the classifier, the hazard level and coding are justified on a case-by-case basis and agreed with the authorized body in the field of environmental protection.
Municipal waste is often referred to as solid household waste (household waste) — objects or goods that have lost their consumer properties. Solid household waste is also divided into biological waste and household waste itself (non-biological solid waste of artificial or natural origin), and the latter is often referred to simply as garbage at the household level.
The authorized state body, and locally local representative and executive bodies, give a clearer definition of municipal waste - this is "... consumer waste generated in settlements, including as a result of human activity, as well as industrial waste close to them in composition and nature of formation."
The Ministry of Environmental Protection provides for 20 types of waste in the Waste Classifier, but the concept of municipal waste is not given. According to the meaning of the Classifier, municipal waste is referred to as "household waste", where more than a hundred specific names of things and objects related to municipal household waste are contained in 60 paragraphs in detail.
According to all parts of this article, the subject of an administrative offense is sane individuals who have reached the age of 16: members of the ship's staff, passengers and other citizens.
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 and impose administrative penalties for administrative offenses in all parts of the analyzed article.:
1) the head of the transport control body and his deputies, heads of territorial transport control bodies and their deputies (paragraph 1, part 2, art. 691 of the Administrative Code);
2) authorized officials of the transport control authorities (paragraph 2, Part 2, Article 691 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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