Commentary to article 690. State energy supervision and control bodies The Code of the Republic of Kazakhstan on Administrative Offences
1. The bodies for state energy supervision and control consider cases of administrative offenses provided for in Articles 144 (part one (except for thermal energy), 172 (except for boiler houses of all capacities, heating networks and thermal energy), 300 (except for boiler houses of all capacities, heating networks and consumers of thermal energy), 301 (except for with the exception of boiler houses of all capacities and heating networks), 301-1, 301-2 (with the exception of boiler houses of all capacities and heating networks), 302, 303 (with the exception of boiler houses of all capacities and thermal energy), 305 (except in protected areas of heating networks) , 309-1 of this Code.
2. The heads of territorial divisions of state energy supervision and control bodies have the right to consider cases of administrative offenses and impose administrative penalties.
Part 1. Public relations arising in the process of production, transmission and consumption of electric and thermal energy in the Republic of Kazakhstan are regulated by the Law of the Republic of Kazakhstan "On Electric Power Industry".
According to Article 6 of the Law, control in the field of electric power industry is carried out by the state body for state energy supervision and control and local executive bodies.
The Body for State Energy Supervision and Control exercises control over:
1) compliance with the requirements of regulatory legal acts of the Republic of Kazakhstan in the field of electric power industry;
2) operation and technical condition of power equipment of electric power plants, electric networks, electric installations of consumers;
3) reliability and safety of production, transmission, supply and consumption of electric energy;
4) non-admission or suspension from work at electrical installations of personnel who have not passed the knowledge test of the rules of technical operation and safety regulations in the field of electric power industry.
State Energy Supervision and Control Authority:
- participates in the work of commissions of electric power companies to assess the readiness of facilities and equipment for operation in the autumn-winter period;
- keeps records of technological disruptions in the operation of power plants and electrical networks that led to the shutdown of basic equipment, fires, explosions, the division of the unified electric power system of the Republic of Kazakhstan into several parts, and massive restrictions on consumers of electric energy;
- to receive notifications on the beginning or termination of activities, and also maintains, posts and updates on the Internet resource the register of expert organizations for conducting energy expertise in accordance with the category;
- reviews materials on administrative cases in the field of electric power industry within its competence in accordance with the legislation of the Republic of Kazakhstan on administrative offenses;
- applies to the court and participates in the court's consideration of cases on violations of the legislation of the Republic of Kazakhstan on the electric power industry;
- sends information to the state body responsible for the management of natural monopolies on the non-compliance of the activities of the natural monopoly entity providing electric power transmission services with the requirements of clause 6, art. 13-1 of the Law "On Electric Power Industry".
The state energy supervision and control authorities consider cases of administrative offenses listed in Part 1 of Article 690 of the Administrative Code.
In the Republic of Kazakhstan, in accordance with paragraph 1 of the Regulation of the state institution "Committee for Atomic and Energy Supervision and Control of the Ministry of Energy of the Republic of Kazakhstan", the management of the use of electric power industry is carried out by the Committee for Atomic and Energy Supervision and Control of the Ministry of Energy of the Republic of Kazakhstan.
Part 2. The heads of territorial divisions of state energy supervision and control bodies have the right to consider cases of administrative offenses and impose administrative penalties for their commission.
The territorial body of the Committee for Atomic and Energy Supervision and Control of the Ministry of Energy of the Republic of Kazakhstan is the territorial department of the Committee for Atomic and Energy Supervision and Control of the Ministry of Energy of the Republic of Kazakhstan for the relevant region, the cities of Nur-Sultan, Almaty, Shymkent, which is a state institution that performs control and implementation functions in the field of electric power industry.
The Department is headed by a head who is appointed and dismissed in accordance with the procedure established by the legislation of the Republic of Kazakhstan. The Head of the Department carries out the overall management of the department's activities and is personally responsible for the fulfillment of the tasks assigned to the Department and the performance of its functions.
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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