Legal protection for Administrative offenses in meeting fire safety requirements
By the resolution of the specialized interdistrict Administrative Court of Almaty dated April 4, 2019, individual entrepreneur (hereinafter referred to as IP) M. was brought to administrative responsibility under part 3 of Article 462 of the Code of Administrative Offenses of the Republic of Kazakhstan (hereinafter referred to as the Administrative Code) with the imposition of an administrative penalty in the form of an administrative fine in the amount of 100 monthly calculation indices in the amount of 252,500 tenge per month. suspension of activity for a period of one month. By the decision of the Judicial Board for Civil Cases of the Almaty City Court dated May 16, 2019, the decision of the court of first instance was canceled with the termination of proceedings in the case due to the absence of an administrative offense. In the submission of the Chairman of the Supreme Court of the Republic of Kazakhstan, it is stated that the decision of the court of appeal violates the rights and legitimate interests of an indefinite circle of persons, uniformity in the interpretation and application of legal norms by courts, and that the execution of the decision may lead to serious irreversible consequences for human life and health. According to the protocol on an administrative offense dated February 4, 2019, drawn up by the authorized body, during an unscheduled inspection on the issue of meeting fire safety requirements for buildings and territories of the City of Masters service station, it was established that IP M. had not eliminated any of the 10 violations of fire safety standards and regulations specified in the order dated November 13, 2018. Consequently, IP M. committed non-compliance with the instructions issued by an official of a state body within his competence. The guilt of the offense of IP M. It is confirmed by an order addressed to her on the elimination of violations of fire safety rules, an act of inspection of objects belonging to her, where these violations were not eliminated, and other case materials.
Legal protection for Administrative offenses in meeting fire safety requirements
In the report on the administrative offense, the representative of IP M. - B., without disputing the conclusions of the official about the existence of violations, indicated that it was not possible to eliminate all violations due to financial difficulties. The court of first instance, having comprehensively examined the evidence in the case, brought IP M. to administrative responsibility. The Court of Appeal, canceling the decision to impose an administrative penalty, pointed out that by the decree of the Akimat of Almaty dated July 1, 2017, M. was denied the extension of the right of temporary paid use of the land. Since the land plot for storing motor vehicles did not belong to IP M. and she had no right to use and dispose of it, the order against IP M. was issued unreasonably by the authorized body. These conclusions do not comply with the law. Violations in the field of fire safety were identified by the authorized body from the actual activities of the premises and facilities of IP M. at the time of the inspection.
Also on November 14, 2019, during the next scheduled fire technical inspection of the territory and premises, the authorized body found that IP M. continues to carry out its activities and operate premises (boxes) in violation of fire safety standards and regulations, which poses a threat to human life and health. In addition, according to the authorized body, on July 1, 2016, as a result of violations of fire safety rules, a fire broke out in the service station boxes belonging to IP M., in which 8 passenger cars burned down, one person was injured, who received burns of 45% of the body, that is, 3 degrees. Also, the facilities (boxes) that functioned for storing cars and were used as a vehicle maintenance station belong to IP M., which is obliged to ensure fire safety at these facilities. The fact of legal non-ownership and use of a land plot does not give grounds for violation of fire safety rules by the owner of non-residential premises during their operation and does not release this person from administrative responsibility in case of violation. The court of appeal did not take these circumstances into account, and therefore the decision is subject to cancellation on the grounds provided for in part 5 of Article 851 of the Administrative Code. The Specialized Judicial Board of the Supreme Court overturned the decision of the appellate instance in the case of an administrative offense provided for in part 3 of Article 462 of the Administrative Code, in respect of IP M. The decision of the court of first instance remained unchanged. The submission of the Chairman of the Supreme Court of the Republic of Kazakhstan is satisfied.
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