Commentary to article 247. Illegal handling of radioactive materials of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Illegal acquisition, storage, transportation, use, destruction or burial of radioactive materials, -      

are punishable by restriction of liberty for a term of up to two years or imprisonment for a term of up to three years.      

2. Illegal sale of radioactive materials, as well as illegal acquisition, storage, transportation of radioactive materials for the purpose of sale, -      

are punishable by imprisonment for a term of two to six years.      

3. The acts provided for in the first or second parts of this Article, which negligently caused the death of a person or other grave consequences, -      

are punishable by imprisonment for a term of three to ten years.

     The public danger of a crime is that the illegal handling of radioactive materials can cause harm to individuals and society, due to the inherent ability of radiation materials to have a potential danger.      

The object of the crime under consideration is public safety in the sphere of trafficking in radioactive materials. An additional object is human life and health, property, and environmental safety.      

The subject of the crime is radioactive materials. According to art .1 of the Law of the Republic of Kazakhstan "On the Use of Atomic Energy" these should include nuclear materials (i.e. materials containing chemical elements whose nuclei are capable of spontaneous decomposition) formed in the course of economic activity and not subject to further use.      

The objective side of the crime is characterized by a number of alternative actions, such as: illegal acquisition, storage, transportation, use, destruction or burial of radioactive materials, which generally constitute their illegal circulation.      

The illegality of handling radioactive materials is understood as the commission of the above actions in violation of the requirements of laws governing the handling of radioactive materials.      

Acquisition is defined as the acquisition of radioactive materials by any means other than theft or extortion, which are regulated by an independent article 248 of the Criminal Code.      

Storage refers to the actual possession of radioactive materials.      

The transportation of radioactive materials is understood to mean the movement of such materials in any way within the country (transportation, shipment, parcel by hand, etc.). If they are transported outside the republic, the act is qualified under art. 250 of the Criminal Code "Smuggling of items withdrawn from circulation or items whose circulation is restricted."      

Use refers to the use of radioactive materials both for their intended purpose and for other purposes.      

The destruction of radioactive materials is understood as their damage, violation of their integrity.      

Burial refers to the placement of radioactive materials for permanent storage. It can be carried out in any way (by burying in the ground, dumping on the bottom of the sea or river, placing on nuclear burial grounds, etc.)      

The crime is considered completed from the moment of performing any of the above actions of the guilty person.      The subjective side of the crime is characterized by an intentional form of guilt and only by direct intent.      

The subject of the analyzed crime is a sane individual who has reached the age of 16.      

According to Part 2 of Article 247 of the Criminal Code, liability occurs in cases of illegal sale of radioactive materials, as well as in cases of their illegal acquisition, storage, transportation for the purpose of sale.      

At the same time, the actions of the perpetrator are expressed in illegal acquisition, storage and transportation, which are described above.      The sale of radioactive materials refers to any illegal means of its sale or transfer (sale, donation, exchange, payment of debt, loan, etc.).      

  Part 3 of Article 247 of the Criminal Code provides for liability for actions specified in Parts 1 and 2 of this Article that negligently caused the death of a person or other grave consequences. At the same time, the act provided for in part 3 of this article is subjectively characterized by a double form of guilt. It is an intentional form of guilt in relation to the act, and negligence in relation to the consequences. Death of a person occurs only by negligence. If the perpetrator wished for death, then the actions of the perpetrator are subject to qualification as a crime against the person. Other grave consequences are understood as causing serious harm to several persons or causing major material damage.

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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