Commentary to article 589. Violation of fire safety rules in transport The Code of the Republic of Kazakhstan on Administrative Offences
1. Violation of fire safety rules established in transport -
entails a fine in the amount of five monthly calculation indices.
2. The action provided for in the first part of this article, committed repeatedly within a year after the imposition of an administrative penalty, -
entails a fine in the amount of ten monthly calculation indices.
According to paragraph 57 of Article 1 of the Law of the Republic of Kazakhstan dated April 11, 2014 "On Civil Protection", the concept of fire safety is defined. Fire safety is the state of protection of people, property, society and the state from fires.
The general object of the offense is public relations in the field of fire safety in transport.
The objective side of the commented offense is expressed by one qualifying feature in the form of actions (omissions) that violate the established rules of fire safety in transport.
Despite the heading of Article 589 of the Administrative Code, in the Republic of Kazakhstan there are no specialized Rules for ensuring fire safety only in transport. In addition, the norm is a blank one, since it is necessary to answer the question: "What type of transport does the legislator mean in this article?".
The legal basis for the activities of transport in the Republic of Kazakhstan is the Law of the Republic of Kazakhstan dated September 21, 1994 No. 156. "On Transport in the Republic of Kazakhstan". Paragraph 6 of part 1 of the Article of this Law defines the concept of transport. Transport of the Republic of Kazakhstan – registered in the territory of the Republic of Kazakhstan:
1) railway;
2) Automobile;
3) Marine;
4) Inland waterway;
5) Air;
6) Urban rail;
7) main pipeline transport located on the territory of the Republic of Kazakhstan.
It is impossible to maintain fire safety in transport without monitoring and supervision of fire safety at transport infrastructure facilities. Transport infrastructure facilities – a technological complex that includes railway, tram, light rail, monorail and inland waterways, highways, tunnels, overpasses, bridges, train stations and stations, passenger service points, subway lines, ports, port facilities, navigable hydraulic structures, airfields, airports, transport and logistics centers, communication system facilities, navigation and traffic control of vehicles, the main pipeline, as well as other buildings, structures, devices and equipment that ensure the functioning of the transport complex.
The conditions for the use of vehicles, including fire safety, are determined by regulations applicable to the relevant modes of transport, approved in accordance with the established procedure and binding on all participants in transport relations.
Civil protection units are a specialized body in the Republic of Kazakhstan for ensuring fire safety. In accordance with subparagraph 15) of Article 11 of the Law of the Republic of Kazakhstan dated April 11, 2014 "On Civil Protection", the Government of the Republic of Kazakhstan approved the general Rules of fire safety.
Section 9 of the Fire Safety Rules provides for the "Maintenance procedure for transport facilities." Separate paragraphs of the Rules provide for:
1)the order of maintenance of motor transport;
2) the order of maintenance of subways;
3) the order of maintenance of railway transport;
4) the procedure for transportation of explosive and flammable substances and materials.
The annex to the Resolution of the Government of the Republic of Kazakhstan dated November 13, 2014 No. 1196, approved the Main Provisions on the admission of motor vehicles to operation. Based on this provision, it is prohibited to operate buses, cars, trucks, and wheeled tractors without a fire extinguisher.
Paragraph 11 of the Rules for Ensuring Safety in Railway Transport, approved by the Order of the Acting Minister of Investment and Development of the Republic of Kazakhstan dated March 26, 2015 No. 334, provides for fire safety measures. Fire safety is ensured:
1) the organization of control over the loading, sorting and unloading of dangerous goods, in terms of compliance with fire safety measures, as well as the preparation of rolling stock for loading these goods;
2) compliance with the established fire safety regime, the exclusion from work of persons who have not been instructed in compliance with fire safety measures;
3) conducting periodic inspections of the territory, buildings, industrial and office premises in order to control the maintenance of evacuation routes, fire barriers, gaps, entrances and roads, fire extinguishing equipment (hydrants, internal fire cranes, fire extinguishers) and taking urgent measures to eliminate detected violations and deficiencies;
4) proper maintenance, constant availability of fire extinguishing, fire alarm, notification and communication installations.
Paragraph 32 of the Regulations of the Customs Union "On the Safety of Small vessels", approved by the Decision of the Council of the Eurasian Economic Commission dated June 15, 2012 No. 33, also provides for fire safety measures. Small motor vessels should be equipped with fire-fighting equipment and property, taking into account the possible causes of fires. The fire fighting system (fire fighting equipment) must ensure that the fire extinguisher is supplied to the engine covers without opening or removing the protective covers. Fire-fighting equipment should be placed in accessible, designated places with appropriate markings. At least one fire extinguisher must be placed near the control post.
The complex of fire protection equipment for aircraft was approved by the Order of the Acting Minister of Investment and Development of the Republic of Kazakhstan dated March 27, 2015 No. 367 "On approval of airworthiness standards for civil aircraft of the Republic of Kazakhstan". A set of fire protection equipment for aircraft is a set of constructive fire protection measures, fire alarm and extinguishing equipment, control and management on aircraft. This regulatory act provides for a wide range of measures to protect aircraft from fires.
The objective side of Part 2 of the commented article provides for the qualifying features of the first part of the article, committed repeatedly within a year after the imposition of an administrative penalty.
The subjects of this offense are persons guilty of violating fire safety regulations.
The subjective side of all parts of the article under consideration can only be expressed in the form of direct intent.
They have the right to initiate proceedings under the commented article and impose an administrative penalty.:
1) authorized officials of civil protection bodies (Part 1 of Article 686 of the Administrative Code);
2) authorized officials of the authorized body in the field of civil aviation regarding violations in air transport (Part 3 of Article 691 of the Administrative Code);
3) heads of state revenue bodies and their deputies for administrative offenses in road transport, when administrative offenses are committed at automobile, sea checkpoints and other places where goods are transported across the State border of the Republic of Kazakhstan (Part 2 of Article 720 of the Administrative Code).
In accordance with paragraph 1 of Part 1 of Article 797 of the Administrative Code, the above-mentioned authorized officials have the right to detain, deliver and prohibit the operation of a vehicle, vessel, including a small vessel. This security measure should be implemented 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.
When detaining a vehicle, vessel, including a small vessel, the explanations of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated April 9, 2012 No. 1 should be taken into account. The application of security measures must be lawful and meet the criteria of reasonableness, necessity and sufficiency.
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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