Comment to article 305. Production of works in security zones of electric and thermal networks, facilities of gas supply systems The Code of the Republic of Kazakhstan on Administrative Offences
Production of construction, installation, excavation, loading and unloading, prospecting works related to the construction of wells and pits, the arrangement of sites, parking lots for motor vehicles, the placement of markets, buildings, structures, storage of materials, the construction of fences and fences, the discharge and discharge of corrosive corrosive substances and fuels and lubricants in protected areas of electric power lines and heating networks, objects of gas supply systems without coordination with the organization in charge of which electric or thermal networks or objects of gas supply systems are located, –
they impose a fine on individuals in the amount of ten, on small businesses – in the amount of fifteen, on medium–sized businesses – in the amount of twenty, on large businesses - in the amount of one hundred monthly calculation indices.
The general object of the offense is the established procedure for ensuring the performance of work in the security zones of electric and thermal power lines, gas supply facilities.
In accordance with clause 8) of Article 1 of the Law of the Republic of Kazakhstan "On Electric Power Industry", the protected area of heating networks is land plots allocated in order to ensure the safety of heating networks, create normal operating conditions, prevent their damage, as well as accidents among the population trapped in the protected area of these networks.
According to pp. 8) Article 1 of the Law of the Republic of Kazakhstan dated January 9, 2012 "On Gas and Gas Supply", the security zone of gas supply facilities is an area with special conditions of use, which is established around gas supply facilities in order to ensure safe operating conditions and eliminate the possibility of damage.
The objective side of the act is manifested in the implementation of construction, installation, excavation, loading and unloading, prospecting operations related to the construction of wells and pits, the arrangement of sites, parking lots, markets, buildings, structures, storage of materials, the construction of fences and fences, the discharge and discharge of corrosive corrosive substances and fuels and lubricants in protected areas of electric and thermal network lines, gas supply system facilities without approval from the organization, which manages electric or thermal networks or facilities of gas supply systems.
Carrying out such work may lead to an accident in the system of energy and heat supply and gas supply to consumers (power line breakage, rupture of heating networks and gas pipelines). The consequences of an accident can lead to man-made emergencies and social tension.
Therefore, in paragraph 2 of Article 22 of the Law of the Republic of Kazakhstan "On Electric Power Industry" and in paragraph 3 of art. 32 of the Law of the Republic of Kazakhstan "On Gas and Gas Supply" prohibits the production of construction, installation, excavation, loading and unloading, exploration work related to the installation of wells and pits, the arrangement of sites, parking lots, markets, storage of materials, the construction of fences and fences, the discharge and discharge of corrosive corrosive substances and fuels.-lubricants without written permission issued by the organization responsible for the electrical or thermal networks of the operator or the facility of gas supply systems.
The subjects of this offense are individuals and legal entities.
The subjective side of the act may be in the form of intent or negligence.
Cases of administrative offences under art. 305 are considered:
- the body for state energy supervision and control, with the exception of heating networks in protected areas (Article 690 of the Administrative Code);
- authorized body in the field of industrial safety (for violations in the protected areas of facilities of gas supply systems to industrial consumers) (art. 698 of the Administrative Code);
- local executive bodies, regarding the protection zones of heating networks and facilities of gas supply systems for domestic and communal consumers (729 Code of Administrative Offenses).
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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