Commentary on Article 425. Violation of the Requirements of Legislation in the Field of Sanitary and Epidemiological Welfare of the Population, as Well as Hygienic Standards, of the Code of the Republic of Kazakhstan on Administrative Offences
- Violation of regulatory legal acts in the field of sanitary and epidemiological welfare of the population, as well as hygienic standards and technical regulations, which has not resulted, through negligence, in a mass illness or poisoning of people —
shall entail a fine in the amount of thirty monthly calculation indices for individuals, two hundred and thirty monthly calculation indices for officials, small business entities or non-profit organizations, three hundred and ten monthly calculation indices for medium-sized business entities, and one thousand six hundred monthly calculation indices for large business entities.
- An act (omission) provided for in Part One of this Article that has resulted in harm to human health, provided that this act (omission) does not contain the elements of a criminally punishable act —
shall entail a fine in the amount of two hundred monthly calculation indices for individuals, four hundred and sixty monthly calculation indices for officials, small business entities or non-profit organizations, six hundred and twenty monthly calculation indices for medium-sized business entities, and two thousand monthly calculation indices for large business entities, with or without suspension of activities, and with or without confiscation of products.
The object of the offences provided for in Article 425 is the sanitary and epidemiological welfare of the population as an important component of public health.
Ensuring the sanitary and epidemiological welfare of the population is one of the principles of state policy in the field of healthcare, enshrined in Article 4 of the Code of the Republic of Kazakhstan dated 18 September 2009 “On Public Health and the Healthcare System” (hereinafter referred to as the “Public Health Code”).
Regulatory legal acts in the field of sanitary and epidemiological welfare of the population and hygienic standards are mandatory for compliance by all individuals and legal entities located within the territory of the Republic of Kazakhstan (paragraph 6 of Article 144 of the Public Health Code).
The objective element of this offence is expressed both in actions and in omissions related to the violation (non-compliance) of hygienic standards, sanitary and epidemiological requirements established by sanitary rules, and the requirements of technical regulations, as well as in the failure to carry out sanitary and hygienic and anti-epidemic measures.
According to the Public Health Code, sanitary rules are understood to mean regulatory legal acts establishing sanitary and epidemiological requirements (including criteria for the safety and/or harmlessness to humans of environmental factors, entrepreneurial and other activities, products, works and services), non-compliance with which creates a threat to human life or health, as well as a threat of the occurrence and spread of diseases (paragraph 4 of Article 144).
A hygienic standard is understood to mean the maximum or minimum permissible quantitative and/or qualitative value of an indicator established through research that characterizes a particular environmental factor in terms of its safety and/or harmlessness to humans (paragraph 5 of Article 144).
Technical regulations are also included in the state system of sanitary and epidemiological standardization (paragraph 2 of Article 144 of the Public Health Code). In accordance with subparagraph 45 of Article 1 of the Law of the Republic of Kazakhstan dated 9 November 2004 “On Technical Regulation”, a technical regulation is understood to mean a regulatory legal act establishing mandatory requirements for products and/or the processes of their life cycle, developed and applied in accordance with the legislation of the Republic of Kazakhstan in the field of technical regulation.
The objects, processes and products to which requirements are established by sanitary rules and hygienic standards are provided for in Article 145 of the Public Health Code.
In accordance with paragraph 6 of Article 144 of the Public Health Code, regulatory legal acts in the field of sanitary and epidemiological welfare of the population and hygienic standards must be approved by the state body in the field of sanitary and epidemiological welfare. However, since this field was under the jurisdiction of various state administration bodies in different years, in practice, the acts were adopted by various bodies. For example, sanitary rules and hygienic standards in various fields, approved by Orders of the Minister of National Economy or the Minister of Healthcare, are currently in force. Technical regulations are adopted by various ministries in their respective areas of administration.
When establishing the objective element of the composition of this offence, it is sufficient to establish the fact of a violation, regardless of whether socially dangerous consequences of the act have occurred or not. The type of consequences may affect the legal classification in accordance with the provisions of the Code of the Republic of Kazakhstan on Administrative Offences or the Criminal Code of the Republic of Kazakhstan. Thus, a mass illness or poisoning of people resulting from a negligent violation of sanitary rules or hygienic standards is classified under Article 304 of the Criminal Code.
Subjectively, the offence is characterized by intent or negligence.
The subject of the offence is an individual, an individual entrepreneur, an official or a legal entity (a business entity).
Part 2 provides for increased liability for violation of regulatory legal acts in the field of sanitary and epidemiological welfare of the population, as well as hygienic standards and technical regulations, where such violation has resulted in harm to human health, provided that the act (omission) does not contain the elements of a criminally punishable act.
Thus, in order to classify an offence under Part 2 of Article 425, it is necessary to establish the fact of harm to health as an element of the objective side. Moreover, the harm must not be covered by the provisions of the Criminal Code. As already stated above, Article 304 of the Criminal Code classifies as a crime and punishes under criminal law sanctions a violation of sanitary rules or hygienic standards that has resulted, through negligence, in a mass illness, infection, exposure to radiation or poisoning of people, or the same act that has resulted, through negligence, in the death of a person.
Subjectively, the offence is characterized by intent or negligence.
The subject of the offence is an individual, an individual entrepreneur, an official or a legal entity.
Officials of sanitary and epidemiological supervision bodies (subparagraph 22 of Part 1 of Article 804), state revenue bodies (subparagraph 31 of Part 1 of Article 804), the State Security Service when conducting security measures (subparagraph 46 of Part 1 of Article 804), and structural divisions of the internal affairs bodies, the National Security Committee and the Ministry of Defence that exercise state sanitary and epidemiological control and supervision (Part 3 of Article 804) are authorized to draw up protocols on administrative offences provided for in Article 425.
Cases concerning administrative offences provided for in Part 1 of Article 425 are considered by the authorized body in the field of sanitary and epidemiological welfare of the population (Article 701), structural divisions of the internal affairs bodies, the National Security Committee of the Republic of Kazakhstan and the Ministry of Defence of the Republic of Kazakhstan that exercise state sanitary and epidemiological control and supervision (Part 1 of Article 702), and state revenue bodies (Part 2 of Article 720). Cases under Part 2 of Article 425 are considered by judges of specialized district administrative courts and equivalent administrative courts (Part 1 of Article 684).
Scientific and Practical Commentary on the Code of the Republic of Kazakhstan on Administrative Offences (Article-by-Article), by the team of authors:
Bachurin Sergey Nikolaevich, Candidate of Legal Sciences, Associate Professor — Chapter 48 (co-authored with E. M. Khakimov);
Gabdualiev Mereke Trecovich, Candidate of Legal Sciences — Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, Master of Laws — Chapter 13 (co-authored with A. V. Karpekin); Chapters 33 and 39 (co-authored with O. T. Seitjanov);
Karpekin Alexander Vladimirovich, Candidate of Legal Sciences, Associate Professor — Chapter 13 (co-authored with A. M. Zhusipbekova);
Korneychuk Sergey Vasilyevich — Chapter 2; Chapter 6 (co-authored with O. T. Seitjanov and 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;
Koryakin Ilya Petrovich, Doctor of Legal Sciences, Professor — Chapter 49;
Kysykova Gulnara Bauyrzhanovna, Candidate of Legal Sciences — Chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Legal Sciences — Chapter 17; Chapter 18 (co-authored with B. A. Parmankulova); Chapters 26 and 31; Chapter 32 (co-authored with B. A. Parmankulova);
Parmankulova Bayan Askhanbaevna — Chapter 18 (co-authored with B. A. Omarova); Chapters 19 and 32 (co-authored with B. A. Omarova); Chapter 43 (co-authored with A. S. Tukiev);
Podoprigora Roman Anatolyevich, Doctor of Legal Sciences, Professor — Chapter 24, Articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Legal Sciences — Chapters 14, 15, 16, 29, Articles 471–475;
Seitjanov Olzhas Temirzhanovich, Candidate of Legal Sciences, Associate Professor — Chapter 4; Chapter 5 (co-authored with E. M. Khakimov); Chapter 6 (co-authored with S. V. Korneychuk and E. M. Khakimov); Chapter 9; Chapter 10 (co-authored with B. E. Shaimerdenov and V. V. Filin); Chapter 33 (co-authored with A. M. Zhusipbekova); Chapter 36 (co-authored with B. E. Shaimerdenov); Chapter 39 (co-authored with A. M. Zhusipbekova);
Smyshlyaev Alexander Sergeevich, PhD — Chapters 38, 40, 42, 43-1 (co-authored with A. S. Tukiev); Chapter 44;
Tukiev Aslan Sultanovich, Candidate of Legal Sciences, 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 D. A. Shipp); Chapter 45; Chapter 46 (co-authored with D. A. Shipp); Chapter 47;
Filin Vladimir Vladimirovich, Candidate of Legal Sciences, Associate Professor — Chapter 10 (co-authored with O. T. Seitjanov and B. E. Shaimerdenov);
Khakimov Erzhan Maratovich, Master of Laws — Chapter 5 (co-authored with O. T. Seitjanov); Chapter 6 (co-authored with O. T. Seitjanov and S. V. Korneychuk); Chapter 7; Chapter 25 (co-authored with S. V. Korneychuk); Chapters 34 and 41; Chapter 48 (co-authored with S. N. Bachurin); Chapter 53;
Shaimerdenov Bolat Erkenovich, Master of Laws — Chapter 10 (co-authored with O. T. Seitjanov and V. V. Filin); Chapter 12; Articles 476–487, 507–509; Chapter 36 (co-authored with O. T. Seitjanov); Chapters 37, 50, 51.
Shipp Denis Alekseevich — Chapters 44-1 and 46 (co-authored with A. S. Tukiev).
Date of amendment of the act: 01.01.2020
Date of adoption of the act: 01.01.2020
Place of adoption: 100050000000
Body that adopted the act: 103001000000
Region of application: 100000000000
Registration number of the regulatory legal act assigned by the law-making body: 5
Status of the act: new
Scope of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000
Form of the act: commentary / code
Legal force: 1900
Language of the act: Russian
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