Commentary to article 635. Violation of the rules of protection of main pipelines The Code of the Republic of Kazakhstan on Administrative Offences
1. Violation of the rules for the protection of main pipelines - entails a warning for individuals, a fine for small businesses or non-profit organizations - in the amount of seven, for medium-sized businesses - in the amount of seventeen, for large businesses - in the amount of twenty-seven monthly calculation indices.
2. The action (inaction) provided for in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -
entails a fine for individuals in the amount of one, 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 thirty monthly calculation indices.
3. Failure to submit, as well as late submission to the authorized body, a monthly report on the actual execution of the oil transportation schedule, indicating the volumes and directions of transportation -
They impose a fine on small businesses in the amount of twenty, on medium-sized businesses in the amount of forty, on large businesses in the amount of eighty monthly calculation indices.
In accordance with Article 1 of the Law of the Republic of Kazakhstan dated June 22, 2012 No. 20-V "On the Main Pipeline", the main pipeline is understood as a single production and technological complex consisting of a linear part and facilities ensuring safe transportation of products that meet the requirements of technical regulations and national standards.
The object of the offense of the article in question is public relations in the field of safe operation of main pipelines.
The objective side of the offense provided for in part 1 of the commented article is characterized by one qualifying feature in the form of a violation of the rules for the protection of main pipelines.
The rules for organizing the protection of main pipelines were approved by the Order of the Minister of Energy of the Republic of Kazakhstan dated January 22, 2015 No. 32. In accordance with this legal act, the protection of the main pipeline is understood as a system of measures aimed at preventing illegal actions of persons in relation to the main pipeline, as well as protecting technical means of protection and safety from intentional failure.
Paragraph 9 of Article 1 of the Law of the Republic of Kazakhstan dated June 22, 2012 No. 20-V "On the main pipeline" defines the protection zone of the main pipeline. The main pipeline protection zone is an area (on land and (or) water) with special protection and use conditions adjacent to the main pipeline facilities and intended to ensure the safety of the public and create the necessary conditions for the safe and uninterrupted operation of pipeline facilities, within which activities incompatible with the purposes of its establishment are limited or prohibited.
The protection of the main pipeline is carried out by the security company on the basis of a contract for the provision of security services. A contract for the provision of security services is concluded between the owner of the main pipeline (operator) and the security company. The provision of security services on the basis of a security services agreement is regulated by the Law of the Republic of Kazakhstan dated October 19, 2000 "On Security Activities". The time of protection, the method of protection, the number of guards, weapons, technical and special means are determined by the terms of the contract for the provision of security services.
The organization of protection of main pipelines provides for:
1) implementation and provision of access and in-facility modes at protected facilities;
2) interaction with the security service of the owner of the main pipeline (operator);
3) setting up security posts, mobile groups, and rapid response teams;
4) control over the actions of personnel and visitors to protected facilities;
5) suppression of illegal actions in relation to protected objects;
6) implementation of technical means of protection and safety;
7) the response of the security forces to the alarms of the technical means of protection and security.
The subjects of offenses provided for in parts 1 and 2 of Article 635 of the Administrative Code are participants in the security process of main pipelines, namely:
1) individuals;
2) non-profit organizations;
3) legal entities as subjects of small, medium and large enterprises.
The objective side of the offense provided for in part 2 of the analyzed article is characterized by a qualifying feature in the form of actions (omissions) provided for in part one of this article, committed repeatedly within a year after the imposition of an administrative penalty. Moreover, a repeat offense does not relate to a circumstance aggravating administrative responsibility, since administrative responsibility for a repeat offense is established in the article itself as a qualifying feature and provides for a more severe punishment.
The objective side of the offense provided for in part 3 of the article in question is characterized by unlawful actions (omissions) in the form of:
1) failure to submit a monthly report on the actual execution of the oil transportation schedule;
2) late submission of the monthly report on the actual execution of the oil transportation schedule.
Moreover, a monthly report should be submitted indicating the volumes and directions of transportation to the authorized body in the field of hydrocarbons.
In accordance with paragraph 3 of Article 12 of the Code of the Republic of Kazakhstan dated December 27, 2017 "On Subsoil and Subsoil Use", oil is recognized as a mineral and classified as a type of hydrocarbon. Crude oil, gas condensate, and hydrocarbons obtained after refining crude oil and processing oil shales, oil tar sands, or tar sands are recognized as oil.
Reporting on oil turnover in the Republic of Kazakhstan is an integral part of the unified state system of management of subsoil use for hydrocarbons and is regulated by Article 145 of the Code of the Republic of Kazakhstan dated December 27, 2017 "On Subsoil and Subsoil Use". These reports must be certified by an electronic digital signature of an authorized representative. The forms and procedures for submitting reports are approved by the authorized bodies in the field of hydrocarbons and uranium.
The subjects of the offenses provided for in part 3 of the article under study are oil users - legal entities in the form of small, medium and large businesses.
They have the right to consider proceedings on administrative offenses provided for in the commented article.:
1) according to parts one and two - chairmen of committees and heads of departments of the Ministry of Internal Affairs, heads of territorial internal affairs bodies, administrative divisions, migration police, local police service of the region, the city of republican significance, the capital, their deputies (paragraph 1 of part 2 of Article 685 of the Administrative Code);
2) according to parts one and two - heads of departments, police departments, administrative divisions, migration police, local police service of the district (city, district in the city) and their deputies (paragraph 2 of part 2 of Article 685 of the Administrative Code);
3) in part three - officials of the authorized body in the field of hydrocarbons and heads of its territorial divisions (part 2 of Article 688 of the Administrative Code).
In cases of administrative offenses, the consideration of which is attributed to the jurisdiction of the bodies mentioned above, authorized officials of these bodies have the right to draw up reports on offenses (part 3 of Article 804 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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