Comment to article 564. Violation of flight safety rules  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. The placement of any signs and devices in the airfield area similar to markings and devices used to identify airfields, or the burning of pyrotechnic products without the permission of the airport or airfield administration, or the installation of objects that contribute to a mass gathering of birds that are dangerous for aircraft flights., -

     entails a fine for individuals in the amount of ten, for officials - in the amount of twenty monthly calculation indices.

     2. Failure to comply with the rules on the placement of night and day markings or devices on buildings and structures -

     entails a fine for individuals in the amount of ten, for officials - in the amount of twenty monthly calculation indices.

     3. Damage to airfield equipment, airfield signs, aircraft and their equipment -

     entails a fine for individuals in the amount of fifty monthly calculation indices.

     4. Passage or passage without proper permission through the territory of airports (except air terminals), airfields, radio and lighting facilities for flights -

     entails a fine for individuals in the amount of one monthly calculation index.

     5. Creation of a situation threatening flight safety by persons on board the aircraft as passengers, -

     entails a fine for individuals in the amount of two hundred monthly calculation indices or administrative arrest for up to fifteen days.

     Flight safety is the condition of an aviation system or organization in which the risks associated with aviation activities related to the operation of aircraft or directly ensuring such operation are reduced to an acceptable level and controlled. This concept should not be confused with aviation safety. Depending on the context, the concept of flight safety may have different interpretations, for example:

     1) no accidents;

     2) the absence or acceptable levels of risks, that is, factors that can lead to damage;

     3) the attitude of employees towards unsafe actions and conditions, that is, a corporate safety culture with accompanying processes for identifying sources of danger and managing risks in order to prevent accidents (human casualties, damage to property and the environment).

     The object of the commented offense is public relations arising in the field of ensuring the safety of aircraft flights.

     Flight safety in Kazakhstan is ensured by legal measures contained in the Law of the Republic of Kazakhstan dated July 15, 2010 No. 339-IV "On the Use of the Airspace of the Republic of Kazakhstan and Aviation Activities" and Resolution of the Government of the Republic of Kazakhstan dated May 12, 2011 No. 506 "On Approval of the Rules for the Use of the Airspace of the Republic of Kazakhstan".

     The objective side of Part 1 of this offense is expressed in illegal actions (inaction) that violate flight safety rules and is characterized by the following qualifying features:

     - the placement of any signs and devices in the area of the airfield, similar to the markings and devices adopted for the identification of airfields;

     - burning of pyrotechnic products without the permission of the airport or airfield administration;

     - the construction of facilities that contribute to the mass accumulation of birds that are dangerous for aircraft flights.

     Prohibitions on non-normative labeling are contained in paragraph 2 of Article 91 of the Law of the Republic of Kazakhstan dated July 15, 2010 "On the use of the Airspace of the Republic of Kazakhstan and Aviation activities". It is not allowed to place any signs and devices similar to the markings and devices used to identify airfields in the airfield area. Control over the marking of objects in the airfield area is assigned to authorized bodies in the fields of civil and state aviation within their competence and areas of responsibility.

     Ornithological support is carried out in accordance with the requirements of the Rules of Ornithological Support for Flights of Civil aircraft in the Republic of Kazakhstan, approved by the Order of the Acting Minister for Investment and Development of the Republic of Kazakhstan dated March 26, 2015 No. 323.

     Ornithological support of flights is aimed at preventing collisions of aircraft with birds and provides for:

     1) providing timely warnings to the crews about the occurrence of an ornithological hazard at the airfield (near the airfield), on routes and in the flight area;

     2) carrying out a set of measures to actively scare away birds (bird flocks) and prevent their accumulation in the take-off and landing sectors of aircraft.

     The subjects of an administrative offense provided for in Part 1 of this Article may be:

     1) sane individuals who have reached the age of 16;

     2) officials who are brought to administrative responsibility in accordance with the procedure provided for in Article 30 of the Administrative Code.

     The objective side of part 2 of the commented article is manifested in unlawful omissions in the form of non-compliance with the rules on the placement of night and day markings or devices on buildings and structures.

     Night and day markings and devices help pilots navigate aircraft and are installed not only on the territory of the airfield, airport, but also on buildings and structures.

     The legal grounds for labeling objects that pose a threat to flight safety are contained in Article 91 of the Law of the Republic of Kazakhstan dated July 15, 2010 "On the Use of the Airspace of the Republic of Kazakhstan and Aviation Activities".In order to ensure flight safety, owners of buildings and structures are required to place night and day markings and devices at these facilities at their own expense.  

     Permission to install markings or devices on buildings and structures is carried out in accordance with the Rules for Issuing Permits for Activities that May Pose a Threat to Aircraft Flight Safety, approved by Resolution No. 504 of the Government of the Republic of Kazakhstan dated May 12, 2011.

     The subjects of an administrative offense provided for in Part 2 of this Article may be:

     1) sane individuals who have reached the age of 16;

     2) officials in accordance with the procedure provided for in Article 30 of the Administrative Code ;

     The objective side of part 3 of the article in question provides for responsibility for flight safety and manifests itself in illegal actions (inaction) in the form of:

     1) damage to airfield equipment;

     2) damage to airfield signs;

     3) damage to aircraft and their equipment.

     Admission to the operation of airfield equipment and airfield signs is carried out on the basis of the Order of the Minister of Investment and Development of the Republic of Kazakhstan dated March 31, 2015 No. 381 "On approval of the standards of serviceability of airfields (heliports) of civil aviation". These legal acts define the concepts used in the norm in question.

     An airfield is a defined area of land or water surface (including buildings, structures, and equipment) intended in whole or in part for the arrival, departure, and movement of aircraft on that surface.

     Signs are devices installed above ground level to display information on their panel in the form of inscriptions, symbols, letters or numbers or combinations thereof necessary for the organization of ground traffic at an airfield of aircraft and/or vehicles, which, depending on the circumstances, can be either with permanent information transmitting only one message or with variable information that allows the transmission of several predefined messages or, if necessary, the termination of transmission of any information.

     Landing system equipment (hereinafter referred to as SWAPS) is equipment that ensures the aircraft is driven to the airfield, performing a pre-landing maneuver and landing approach.

     The objective side of part 4 of the commented article is expressed by two illegal actions in the form of passage or passage without proper permission through the territory of airports (except air terminals), airfields, radio and lighting facilities for flights.

     In order to ensure flight safety in the buildings of airports, airfields and on the territory adjacent to them, places where unauthorized citizens are prohibited are determined. The legal basis for determining such places and the access regime is determined by the relevant paragraphs of Article 14 of the Law of the Republic of Kazakhstan dated July 15, 2010 "On the Use of the Airspace of the Republic of Kazakhstan and Aviation Activities". Based on paragraph 29 of Article 14 of this law, the authorized body is authorized to approve the types and forms of passes for the right of passage and passage to the controlled area of the airport.

     The right of passage and passage are defined by the order of the Acting Minister of Transport and Communications of the Republic of Kazakhstan dated October 15, 2010 No. 457 "On approval of types and forms of passes for the right of passage, passage to the controlled area of the airport". There are the following types and forms of passes for the right of passage, travel to the controlled area of the airport:

     1) the pass of an employee of the authorized body in the field of civil aviation;

     2) crew member's identification;

     3) Permanent airport pass;

     4) Airport temporary pass;

     5) One-time airport pass  

     6) permanent transport pass;

     7) temporary transport pass;

     8) one-time transport pass;

     9) a material pass.

Warning signs prohibiting passage and passage are installed in front of controlled areas of the airport, airfield and other facilities.  

     The objective side of part 5 of the article under study is manifested in illegal actions (inactions), expressed in the creation of a situation threatening flight safety by persons on the aircraft as passengers.

     The norm is a blank one, since it is necessary to define the specific illegal actions of the offender and answer the question, which actions are punishable under part 5 of Article 564 of the Administrative Code?  

     The answer to the question is contained in Article 89 of the Law of the Republic of Kazakhstan dated July 15, 2010 No. 339 "On the use of the Airspace of the Republic of Kazakhstan and Aviation activities". Situations created by persons on board an aircraft that threaten flight safety include:

     1) committing an act of violence on board an aircraft with the creation of a threat to the life or health of people and the safety of the aircraft in flight;

     2) causing damage to the aircraft and its equipment, which ensures the safe performance of the flight;

     3) the communication of deliberately false information that poses a threat to the safety of the aircraft in flight;

     4) committing an act leading to the placement of a device or substance on an aircraft that may destroy the aircraft or cause damage to it that threatens its safety in flight;

     5) attempts to open the doors and (or) emergency exits of the aircraft, except in cases of an emergency on board the aircraft;

     6) consumption of tobacco products.

     Only the above actions should be recognized as situations that threaten flight safety and are not subject to extended interpretation, nor do they require additional qualifications under other articles of the Administrative Code.  

     For example, smoking in public places, which are aircraft, cannot be additionally qualified under Article 441 of the Administrative Code for violating the prohibition of tobacco consumption in certain public places.

     The subjects of an administrative offense provided for in parts 3, 4 and 5 of this Article may be sane individuals who have reached the age of 16.

     The subjective side of all parts of the administrative offense being commented on can be characterized by both direct intent and negligence.

     They have the right to consider and impose administrative offenses provided for in Article 564 of the Administrative Code.:

     1) in part 5 – judges of specialized district and equivalent administrative courts (Part 1 of Article 684 of the Administrative Code);

     2) according to part 4 - heads of line departments, departments, police stations of internal affairs bodies and their deputies (paragraph 3, part 2, art. 685 of the Administrative Code);

     3) according to parts 1-4 – authorized officials of the body in the field of transport and communications (part 1 of art. 691 of the Administrative Code);

     4) in all cases (with the exception of cases of violations provided for in parts one, three and four of this Article, committed at airfields not related to civil aviation, or in the area of such airfields, part five) - authorized officials of the authorized body in the field of civil aviation (paragraph 2, part 3, art. 691 Administrative Code ).

     They have the right to initiate cases of administrative offenses provided for in the commented article.:

     1) according to part 5 - the authorized body in the field of civil aviation (paragraph 24 of part 1 of Article 804 of the Administrative Code );

     2) according to parts 1-4 – the authorities listed above, which have the right to impose administrative penalties.

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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