Commentary to article 300. Violation of the approved rules for the technical operation of electric power plants and networks, safety measures during the operation of thermal and mechanical equipment of power plants and heating networks, technical operation of electrical installations of consumers, as well as violation of established energy consumption modes The Code of the Republic of Kazakhstan on Administrative Offences
Violation of the approved rules for the technical operation of electric power plants and networks, safety measures during the operation of thermal and mechanical equipment of power plants and heating networks, technical operation of electrical installations of consumers, which led to a condition threatening an accident, environmental pollution, fire or life-threatening maintenance personnel, as well as violation of established energy consumption modes, resulting in restrictions and (or) disconnections of other energy consumers, –
they impose a fine on individuals in the amount of fifteen, on small businesses – in the amount of fifty–five, on medium–sized businesses - in the amount of one hundred, on large businesses - in the amount of two hundred monthly calculation indices.
The object of this offense is social relations arising in the process of production, operation, transmission and consumption of electric and thermal energy.
The objective side of the offense is expressed in the violation:
- rules of technical operation of electric power plants and networks;
- safety regulations for the operation of thermal and mechanical equipment of power plants and heating networks;
- rules of technical operation of electrical installations of consumers,
which have led to a condition threatening an accident, environmental pollution, fire, or life-threatening for maintenance personnel;
- the established modes of energy consumption, which led to restrictions and (or) disconnections of other energy consumers.
According to Article 6 of the Law of the Republic of Kazakhstan dated July 9, 2004 "On Electric Power Industry", control in the field of electric power industry is carried out by the state body for state energy supervision and control and local executive bodies.
The Body for State Energy Supervision and Control exercises control over:
1) compliance with the requirements of regulatory legal acts of the Republic of Kazakhstan in the field of electric power industry;
2) operation and technical condition of power equipment of electric power plants, electric networks, electric installations of consumers;
3) reliability and safety of production, transmission, supply and consumption of electric energy;
4) non-admission or suspension from work at electrical installations of personnel who have not passed the knowledge test of the rules of technical operation and safety regulations in the field of electric power industry.
Local executive bodies exercise control over:
1) operation and technical condition of boiler houses, heating networks and heat-using installations of consumers;
2) preparation and implementation of repair and restoration works on boiler houses, heating networks and their operation in the autumn-winter period.
State energy control in the field of electric power industry is carried out in the form of inspection and preventive control in accordance with the Business Code of the Republic of Kazakhstan and this Law.
The subject of the offense can be either an individual or a legal entity.
The subjective side manifests itself in the form of intent and carelessness.
Cases of administrative offenses under Article 300 of the Administrative Code are considered by local executive bodies regarding boiler houses of all capacities, heating networks and consumers of thermal energy (Article 729 of the Administrative Code) and bodies for state energy supervision and control (Article 690 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.);
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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