Commentary to article 245-1. Substandard construction of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. The commissioning and (or) commissioning of buildings and structures, highways, tunnels, power plants, residential buildings or other construction sites that are poorly constructed, unfinished or not in accordance with the terms of the contract and design documentation, as well as their substandard repairs by the heads of construction organizations, work manufacturers and officials who monitor the quality of construction if this negligently caused serious or moderate harm to human health ., -      

are punishable by a fine in the amount of five hundred to one thousand monthly calculation indices or in the amount of the convicted person's salary or other income for a period of five to ten months, or correctional labor for up to two years, or restriction of liberty for up to three years, or imprisonment for the same term with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without it.      

2. The same acts that negligently caused the death of a person or other grave consequences, -      

are punishable by imprisonment for a term of up to six years with confiscation of property and deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.      

3. The acts provided for in the first part of this Article that negligently caused the death of two or more persons,-      

are punishable by imprisonment from three to eight years with confiscation of property, with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

     The public danger of a crime lies in the fact that the commissioning and (or) commissioning of substandardly constructed, unfinished or not conforming to the terms of the contract and project documentation, as well as substandard repairs of construction facilities, can lead to major material damage and human casualties.      

The object of the crime is public safety in the field of construction site operation. An additional object is the life and health of people, property.      

The objective side of the crime is expressed in the commission of several alternative actions:      

1) related to the surrender,      

2) or with the reception,      

3) both with the commissioning and with the commissioning of buildings and structures, highways, tunnels, power plants, residential buildings or other construction sites,      

4) as well as their poor-quality repairs, if these acts negligently caused serious or moderate harm to human health.      

Constructed buildings and structures, highways, tunnels, power plants, residential buildings or other construction sites must meet quality standards.      

Substandard construction facilities are considered to be of poor quality, with defects that cannot be used for their intended purpose at all or without significant processing, and which, if properly used, could not withstand the warranty periods established for them.      

Unfinished construction is understood as unfinished construction.      

Objects that do not comply with the terms of the contract or project documentation may be objects that are built in deviation from the requirements of the terms of the contract or project.      

The commissioning of the construction facilities referred to in article 245-1 should be understood as their presentation to the customer or the architectural and construction department as completed. In this case, the object passes the internal control of the construction company and is declared finished, meeting all the requirements.      

Acceptance may include the receipt of substandard, unfinished, or construction projects that do not comply with the terms of the contract and project documentation by the customer.      

Substandard repairs are those construction facilities that, due to eliminated defects, cannot be used for their intended purpose, or may be partially used.      

However, upon acceptance and/or commissioning after their construction or repair, it does not meet quality standards, is incomplete or does not comply with the terms of the contract and project documentation.      

The crime is considered completed from the moment of causing serious or moderate harm to human health by negligence.      

A mandatory sign of a crime is the causal relationship between substandard construction and the onset of these consequences. In cases of this category, an expert examination is required.      

If the commissioning and (or) commissioning of buildings and structures, highways, tunnels, power plants, residential buildings or other construction sites that were poorly constructed, unfinished or not in accordance with the terms of the contract and design documentation, as well as their substandard repair, did not entail the consequences specified in the disposition of the article, then these acts may entail disciplinary, administrative or civil liability.      

The subject of the considered corpus delicti is a special subject. They can be heads of construction organizations (for example, the head, chief engineer of a construction organization), work manufacturers and officials who monitor the quality of construction (for example, members of the acceptance commission, chief engineer, representatives of architectural and construction control).      

The subjective side is characterized by careless guilt, which is explicitly stated in the Law on Negligent Infliction of Serious or Moderate Harm to Health.      

The act provided for in Part 1 of Article 245-1 of the Criminal Code of the Republic of Kazakhstan, which negligently caused the death of a person or other grave consequences, acts as qualifying signs.      

Other grave consequences should be understood as causing major material damage to organizations, enterprises, or citizens.      

The act provided for in Part 1 of Article 245-1 of the Criminal Code of the Republic of Kazakhstan, which negligently caused the death of two or more persons, acts as particularly qualifying signs.

Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.                  

Date of amendment of the act:  08/02/2007 Date of adoption of the act:  08/02/2007 Place of acceptance:  NO Authority that adopted the act: 180000000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  167 Status of the act:  new Sphere of legal relations:  028000000000 Report form:  COMM Legal force:  1900 Language of the Act:  rus

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