Commentary to article 96. Concealment of the fact of an accident related to labor activity of the Code of the Republic of Kazakhstan on Administrative Offenses
1. Concealment of the fact of a labor-related accident, -
entails a fine for small businesses or non–profit organizations in the amount of seventy, for medium–sized businesses - in the amount of one hundred and five, for large businesses - in the amount of one hundred and forty monthly calculation indices.
2. The action (inaction) provided for in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, –
entails a fine for small businesses or non–profit organizations in the amount of one hundred and forty, for medium–sized businesses - in the amount of two hundred and ten, for large businesses - in the amount of two hundred and eighty monthly calculation indices.
Part 1.The generic object of an administrative offense is public relations related to the realization of the individual's right to working conditions that meet the requirements of labor legislation.
The direct object is the procedure established by the labor legislation of the Republic of Kazakhstan for recording and investigating accidents related to labor activity.
The concept of a work-related accident, as well as cases to be investigated, are discussed in the commentary to art. 95 of the Administrative Code.
The procedure for recording and investigating accidents related to work is determined by Chapter 20 of the Labor Code.
In accordance with the provisions of this chapter, the employer is obliged, among other actions to ensure the investigation of accidents, to immediately inform the victim's close relatives about the accident and send a message to government agencies and organizations defined by the Labor Code and other regulatory legal acts.
The employer immediately reports an employment-related accident within 24 hours in the form prescribed by the authorized state labor authority.:
1) to the local labor inspection body;
2) to the territorial subdivision of the authorized body in the field of industrial safety in case of accidents that have occurred at hazardous production facilities;
3) to the territorial subdivision of the state body in the field of sanitary and epidemiological welfare of the population about cases of occupational disease or poisoning;
4) employee representatives;
5) an insurance company with which an insurance contract has been concluded to insure an employee against accidents in the performance of his labor (official) duties;
6) the law enforcement agency at the place where the accident occurred, and the authorized bodies of industrial and departmental control and supervision in cases subject to special investigation.
A report on an accident related to work is issued in accordance with the order of the Minister of Health and Social Development of the Republic of Kazakhstan "On approval of forms for registration of materials for investigating accidents related to work" dated December 28, 2015 No. 1055.
The objective side of the offense is the concealment (non-communication) or distortion of information about the fact of an accident related to work, the destruction of its traces, or other violations of legal requirements for informing about the fact of such an event. Concealment can be expressed in both action and inaction.
The following example can be given, reflecting the objective signs of this offense. The Specialized Administrative Court of Petropavlovsk, North Kazakhstan Region, considered an administrative offense case against M LLP under Part 1 of Article 96 of the Administrative Code, which failed to inform the local labor inspection authority about the fact of an employment-related accident. At the hearing, it was established that the Partnership had not reported the accident to the local labor inspection authority, namely, the fall of its employee from a height of five meters, who was admitted to the hospital. By a court decision, M LLP was found guilty of committing an administrative offense under Part 1 of Article 96 of the Administrative Code, and he was fined 100 MCI in the amount of 226,900 tenge to the state budget.
Labor legislation stipulates that the employer is responsible for organizing the registration and investigation of work-related accidents and occupational diseases at work.
The subject of the offense is an employer who is a non-profit organization, a small, medium or large business entity.
The subjective side is characterized by an intentional form of guilt. The guilty person was aware of the unlawful nature of concealing the fact of the accident, foresaw its harmful consequences and desired or consciously allowed these consequences to occur or treated them indifferently. As a rule, this act is committed in order to avoid being held accountable for violations of the requirements established by labor legislation that caused an accident.
Part 2 of the commented article defines the commission of a similar offense repeatedly as a qualifying feature within a year after the imposition of an administrative penalty under part one of Article 96 of the Administrative Code.
Cases of administrative offenses under Article 96 of the Administrative Code are considered by the State Labor Inspectorate (Article 693 of the Administrative Code).
The prosecutor issues a resolution on the initiation of cases of administrative offenses provided for in Article 96 of the Administrative Code (Article 805 of the Administrative Code).
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
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