Comment to article 511. Violation of restrictions established on the territory of the forbidden zone at the arsenals, bases and depots of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan and the forbidden area at the arsenals, bases and depots of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan The Code of the Republic of Kazakhstan on Administrative Offences
1. Presence of individuals on the territory of the restricted zone at the arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan -
entails a fine in the amount of ten monthly calculation indices.
2. Construction and carrying out of any work, with the exception of work carried out to ensure anti-sabotage and fire safety on the territory of the restricted zone at arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan, -
they impose a fine on individuals in the amount of fifteen, on small businesses - in the amount of twenty, on medium-sized businesses - in the amount of thirty, on large businesses - in the amount of sixty monthly calculation indices.
3. Firing of firearms, the use of pyrotechnic devices, as well as the installation of shooting ranges, stands and shooting ranges in the forbidden area at arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan -
they impose a fine on individuals in the amount of fifteen, on small businesses - in the amount of twenty, on medium-sized businesses - in the amount of thirty, on large businesses - in the amount of sixty monthly calculation indices.
In accordance with Article 1 of the Law of the Republic of Kazakhstan dated January 7, 2005 No. 29 "On Defense and the Armed Forces of the Republic of Kazakhstan", the concepts of a restricted zone and a territory are given.:
1) a restricted area at the arsenals, bases and depots of the Armed Forces, other troops and military formations (hereinafter referred to as the restricted area) is the territory directly adjacent to the arsenals, bases and depots of the Armed Forces, other troops and military formations, designated for the purpose of ensuring fire safety of arsenals, bases and ammunition depots of the Armed Forces, other troops and military formations (item 26);
2) a restricted area at the arsenals, bases and depots of the Armed Forces, other troops and military formations (hereinafter referred to as the restricted area) is an area designated for the purpose of ensuring the anti–sabotage security of arsenals, bases and ammunition depots of the Armed Forces, other troops and military formations.
The rules for the establishment of restricted areas at arsenals, bases and depots of the Armed Forces, other troops and military formations and restricted areas at arsenals, bases and depots of the Armed Forces, other troops and military formations were approved by Order of the Minister of Defense of the Republic of Kazakhstan dated March 27, 2015 No. 155 "On approval of the Rules for the establishment of restricted areas at Arsenals, bases and warehouses of the Armed Forces, other troops and military formations and forbidden areas at arsenals, bases and warehouses of the Armed Forces, other troops and military formations." These Rules provide the legal concepts used in this article.:
1) arsenals, bases and ammunition depots of the Armed Forces, other troops and military formations" (hereinafter referred to as storage facilities) - military facilities containing more than 50 conventional wagons of types and nomenclatures of ammunition for artillery, tank weapons of 57 mm caliber and above, engineering ammunition, as well as aviation weapons and air defense missiles;
2) forbidden area at arsenals, bases and depots of the Armed Forces, other troops and military formations (hereinafter referred to as the forbidden area) is the territory designated for the purpose of ensuring anti-sabotage security of arsenals, bases and ammunition depots of the Armed Forces, other troops and military formations;
3) restricted area at the arsenals, bases and depots of the Armed Forces, other troops and military formations (hereinafter referred to as the restricted area) - the territory directly adjacent to the arsenals, bases and depots of the Armed Forces, other troops and military formations, designated for the purpose of ensuring fire safety of arsenals, bases and ammunition depots of the Armed Forces, other troops and military formations.
The object of the offense is the established procedure for staying in the territory of the forbidden zone and the forbidden area at the arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan.
The objective side of part 1 of the commented norm is expressed in the violation by an individual of the prohibition on being in the territory of the restricted zone at the arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan.
The restricted zone is established in order to ensure fire safety of arsenals, bases and ammunition depots of the Armed Forces, other troops and military formations. The width of the restricted area from the external fence of the storage facility is 400 meters. If there is an equipped protective screen, the width of the zone is reduced by 2 times.
Paragraph 11 of the above-mentioned order of the Minister of Defense of the Republic of Kazakhstan does not allow individuals to be in the restricted area.
The objective side of part 2 of the article under consideration is expressed by two illegal actions in the form of construction and carrying out any work, with the exception of work carried out to ensure anti-sabotage and fire safety in the territory of the prohibited zone at arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan.
The forbidden area is defined in order to ensure the anti-sabotage security of military command facilities. The restricted area is established at a distance of 3 kilometers from the external fence of the storage facility.
Paragraph 11 of the same order of the Minister of Defense of the Republic of Kazakhstan prohibits the construction and carrying out of any work on the territory of the restricted zone, with the exception of work carried out to ensure anti-sabotage and fire safety.
The objective side of part 3 of the article under study is determined by two qualifying features:
1) firing of firearms, use of pyrotechnic devices on the territory of the forbidden area at arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan;
2) the establishment of shooting ranges, stands and shooting ranges on the territory of the forbidden area at the arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan.
Paragraph 12 of the same order of the Minister of Defense of the Republic of Kazakhstan prohibits the firing of all types of firearms, the use of pyrotechnic devices, as well as the installation of shooting ranges, stands and shooting ranges in the forbidden area.
The subjects of the offense under part 1 of the commented article are sane individuals who have reached the age of 16 at the time of the commission of the administrative offense. In parts 2 and 3, the range of subjects is specified – these are: individuals; subjects of small, medium or large enterprises.
The subjective side of all parts of the offense in question presupposes the presence of direct intent on the part of the perpetrator. The existence of indirect intent under part 1 of the article is excluded by the norm, which indicates that the boundaries of the restricted areas are marked on the ground with clearly visible signs and inscriptions in the state and Russian languages.
In accordance with article 727 of the Code, authorized officials of the military police have the right to consider cases of administrative offenses under Article 511 of the Administrative Code and impose administrative penalties.
If the offenses provided for in the commented article are committed using vehicles, vessels, including small vessels, then on the basis of Article 797 of the Administrative Code, the above-mentioned officials have the right to detain, deliver and prohibit the operation of these vehicles. The detention, delivery and prohibition of the operation of vehicles, vessels, including small vessels, is carried out by delivering them for temporary storage to special sites, parking lots or sites adjacent to a stationary transport control post, including using another vehicle (tow truck), vessel or small vessel, until the reasons for the detention are eliminated.
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.);
Karpekin Alexander Vladimirovich, Candidate of Law, Associate Professor – chapter 13 (in collaboration with Zhusipbekova A.M.);
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
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
