Liability for non-performance and/or improper performance

Part 1 of Article 149 of the Administrative Code provides for liability for non-fulfillment and (or) improper fulfillment by the owner, owner or head of an object vulnerable to terrorism, or by a security company that has concluded a contract for the provision of security services for an object vulnerable to terrorism, duties to ensure anti-terrorist protection and compliance with the proper level of security of the facility entrusted to him. Part 2 provides for liability for the actions provided for in Part 1, committed repeatedly within a year after the imposition of an administrative penalty. In order to be brought to administrative responsibility under this article, it is necessary to determine the subject of the offense, find out whether the object is vulnerable to terrorism, and what duties have not been fulfilled or improperly fulfilled. In accordance with article 3 of the Law of the Republic of Kazakhstan "On Countering Terrorism" (hereinafter referred to as the Law) dated July 13, 1999, the purpose of countering terrorism in the Republic of Kazakhstan is to protect individuals, society and the State from terrorism and is based on the following basic principles: ensuring and protecting human and civil rights and freedoms, prioritizing the protection of life and health, the rights and legitimate interests of persons who are in danger as a result of committing terrorist crimes; respect for the rule of law; proportionality of counter-terrorism measures to the degree of terrorist danger; priority of terrorism prevention; inevitability of punishment for terrorist activities; systematic and comprehensive use of political, information propaganda, socio-economic, legal, special and other counter-terrorism measures; unity of command in the operational management of the forces and means involved in the anti-terrorist operation; a combination of public and secret methods of countering terrorism; ensuring limited access to information about tactics, forms, methods, means and the composition of participants in anti-terrorist operations.

Liability for non-performance and/or improper performance

According to the Law, objects vulnerable to terrorism include particularly important state, strategic facilities, facilities of economic sectors of strategic importance, hazardous production facilities, mass gathering facilities, the list and requirements for which are determined by the Government. The list may include entertainment, sports, educational and other institutions. In Part 2, with regard to the feature "repeatedly within a year after the imposition of an administrative penalty", it must be borne in mind that, apparently, the specified penalty was previously imposed for the same actions, the one-year penalty period has not expired and it was applied specifically to this individual or legal entity. The one-year period is calculated from the date of entry into force of the resolution, since the judicial act that has not entered into force has no legal force. The imposition of a separate penalty on the structural divisions of a legal entity (branch) cannot be regarded as a penalty of a legal entity and does not constitute a sign of repetition for the legal entity. If a legal entity was previously prosecuted for actions provided for in parts 1 or 2 of Article 149 of the Administrative Code by courts of other regions of Kazakhstan and committed the same violation within a year after the imposition of penalties for them, then regardless of which court it was prosecuted by, it must be held responsible in accordance with part 2 of Article 149 of the Administrative Code – on the basis of repetitions. To protect facilities vulnerable to terrorism, legal, organizational, engineering, special, security and other measures are being implemented to increase the level of anti-terrorist protection of these facilities and the readiness of government agencies and legal entities to eliminate and (or) minimize the consequences of acts of terrorism. According to article 10-3 of the Law, owners, owners, managers or other officials of facilities vulnerable to terrorism, regardless of their forms of ownership, in order to prevent terrorist activities, as well as to protect facilities against terrorism and maintain an adequate level of security, are required to implement measures to ensure appropriate access control, equip facilities with modern engineering and security equipment in accordance with the requirements imposed on them; to develop, on the basis of a standard passport, a passport of the anti–terrorist security of the facilities entrusted to them; to conduct preventive and training measures to train personnel in the technique of inspecting premises, identifying possible locations for explosive devices; planning and working out joint actions with interested government agencies and organizations to eliminate man-made threats resulting from a committed act of terrorism; to organize the protection of information networks the object, ensuring information security. Responsibilities for ensuring appropriate access control, conducting preventive and training measures to train their personnel in the techniques of inspecting premises, identifying possible locations for explosive devices, and the proper use of technical means of anti-terrorist protection are also performed by security agents who have concluded a contract for the provision of security services with the owners, owners or managers of facilities vulnerable to terrorism.

In order to implement appropriate measures, owners, owners, managers or other officials of facilities vulnerable to terrorism, regardless of their forms of ownership, Failure by owners, owners, managers or other officials of facilities vulnerable to terrorism, regardless of their forms of ownership, as well as by security entities that have concluded a contract for the provision of security services For objects vulnerable to terrorism, these duties entail responsibility., provided for by the laws of the Republic of Kazakhstan. According to articles 23-2 and 23-3 of the Law, inspections of compliance by managers or other officials of facilities vulnerable to terrorism, regardless of their forms of ownership, with the measures established by Article 10-3 of this Law, are carried out by the internal affairs bodies of the Republic of Kazakhstan at least once a year. The inspection is carried out on the basis of the inspection appointment act and in accordance with the checklist developed and approved by the Ministry of Internal Affairs of the Republic of Kazakhstan. The checklist includes an exhaustive list of requirements for the state of anti-terrorist security of facilities vulnerable to terrorism, non-compliance with which entails a threat to the security of individuals, society and the state. When checking facilities vulnerable to terrorism, the internal affairs bodies are required to present: an act on the appointment of an inspection; an official identification card; a checklist. The deadline for the inspection is set taking into account the scope of the work to be done, as well as the tasks set, and should not exceed seven working days. The beginning of the inspection is considered to be the moment when the inspection appointment certificate is handed over to the person being checked. Based on the results of the inspection, an employee of the internal affairs body carrying out the inspection draws up an act on the results of the inspection in two copies. If there are comments and/or objections based on the results of the audit, the person being checked shall state them in writing. Comments and (or) objections may be attached to the act on the results of the audit, which is marked accordingly. One copy of the inspection results report with copies of appendices, with the exception of copies of documents available in the original to the person being checked, is handed over to the person being checked or his authorized representative for familiarization and taking measures to eliminate the identified violations and other actions. If there are no violations during the inspection, a corresponding entry is made in the inspection results report. The completion of the inspection is considered to be the day on which the inspection results are handed over to the head or other official of an object vulnerable to terrorism, regardless of its form of ownership, no later than the deadline for the end of the inspection specified in the inspection appointment act. In cases of detection of violations (non-fulfillment) of measures established by this Law and resolutions of the Government of the Republic of Kazakhstan adopted in its implementation, within ten working days, the head or other official of an object vulnerable to terrorism, regardless of the form of ownership, is given an order to eliminate violations.

Liability for non-performance and/or improper performance

The order must be handed over to the head or other official of an object vulnerable to terrorism, regardless of the form of ownership, personally or in any other way, confirming the fact of sending and receiving. An order sent by registered mail with a notification or in electronic form through electronic communication channels that ensure guaranteed delivery of messages is considered delivered from the date of receipt of the response by the postal or other communication organization or after five working days from the date of sending the notification in electronic form. The execution of an order to eliminate violations identified as a result of an inspection is carried out by the owner, the owner of the facility, the head or other official of the facility vulnerable to terrorism, regardless of the form of ownership, within thirty calendar days from the date of its delivery (receipt). 

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