On recognition as illegal and cancellation of the order on elimination of violations of the Industrial Safety Committee

No. 6001-24-00-6ap/2391 dated April 17, 2025

Plaintiff: T LLP (hereinafter referred to as the Partnership)

Respondent: Russian State Institution "Department of the Industrial Safety Committee of the Ministry of Emergency Situations of the Republic of Kazakhstan" (hereinafter referred to as the Department)

The subject of the dispute: on the recognition of illegal and cancellation of the regulation on the elimination of violations dated December 8, 2023 in part of paragraph 2 of Section 3 regarding external production facilities

Review of the plaintiff's cassation complaint PLOT:

On November 16, 2023, the Department issued an act on the appointment of preventive control with a visit to the subject (object) of control and supervision in relation to the Partnership. The control period is from December 24, 2022 to December 8, 2023.

Based on the act of appointment, the Department conducted preventive control with a visit to the subject (object) of control and supervision, as a result of which, on December 8, 2023, an act on the results of preventive control with a visit to the subject (object) of control and supervision, and an order to eliminate violations were drawn up.

On December 28, 2023, the Partnership filed a complaint with the Industrial Safety Committee of the Ministry of Emergency Situations of the Republic of Kazakhstan (hereinafter referred to as the Committee). on the prescription.

On January 24, 2024, the complaint of the Partnership was partially satisfied, and the order was left unchanged in the disputed part.

Disagreeing with the results of the inspection, the plaintiff appealed to the court with this claim to challenge the injunction in part of subitems 1), 2) of paragraph 2 of Section 3 regarding foreign manufacturing facilities.

Judicial acts:

1st instance: the claim was denied.

Appeal: the decision of the court of first instance remains unchanged.

Cassation: judicial acts in this case are upheld.

Conclusions: local courts, rejecting the claim, referring to the norms of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use" and the Law of the Republic of Kazakhstan "On Civil Protection", came to a reasonable conclusion that the plaintiff, as the owner of the main pipeline, is obliged to comply with the requirements of the law on safety during design, construction, reconstruction, expansion, technical re-equipment, modernization,

major repairs of the main pipeline.

At the time of the preventive control, the Partnership had not submitted approved and agreed design documentation in the field of industrial safety for the modernization or reconstruction of a hazardous production facility, namely the DN-1000 mm propane line. on the intake and discharge of NC pumps-901/1-2-3 , technical heat exchangers no. E-960, T-901, HU-1725 A/V pumps at the gas storage facility (item 14 of the checklist).

In addition, during the control, the Partnership did not submit documents for the cut-off inactive part of the pipe, the inspectors determined its name based on its diameter of 1000 mm.

The cut-off part of the line has not yet been preserved or eliminated, and is located on the territory of a gas storage facility, that is, a hazardous production facility.

In this regard, the conclusions of the courts are correct that the cut-off part of the line is an object of the main pipeline, and is connected to a single technological process of the propane line, respectively, its technical parameters should be determined by the agreed design documentation, including for its reconstruction in accordance with the Rules for ensuring Industrial Safety during the operation of main pipelines.

In addition, the absence of design documentation for the conservation of the decommissioned underground line N-075.1 has been established.

In this part, the courts pointed out that the implementation of a project involving the dismantling of existing pipelines does not exempt from the obligation to comply with the requirements of the law on the need for design documentation for the conservation of a hazardous production facility - the decommissioned underground line N-075.1.

In this regard, the courts reasonably indicated that the order in the contested part meets the requirements of legality, was issued by the defendant within the limits of authority and competence.

These conclusions of the local courts correspond to the circumstances and requirements of the law established in the case, are confirmed by the evidence available in the case file, and comply with the requirements and principles of administrative proceedings.

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