Commentary to article 567. Non-fulfillment or improper fulfillment by the carrier of obligations to provide services to the passenger in case of cancellation or delay of the flight due to the fault of the carrier or delay, cancellation of the flight due to late arrival of the aircraft, change of the route of transportation The Code of the Republic of Kazakhstan on Administrative Offences
1. Non-fulfillment or improper fulfillment by the carrier of obligations stipulated by the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities to provide services to the passenger in case of cancellation or delay of the flight due to the fault of the carrier or delay, cancellation of the flight due to late arrival of the aircraft, change of the route of transportation -
entails a fine in the amount of two hundred 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 in the amount of one thousand monthly calculation indices.
The object of the offense is the social and legal relations that arise when the carrier performs duties to passengers provided for by the legislation of the Republic of Kazakhstan on the use of airspace.
The legal grounds for the carrier's civil liability to a passenger in case of cancellation or delay of a flight are provided for in article 76 of the Law of the Republic of Kazakhstan dated July 15, 2010 No. 339 "On the Use of the Airspace of the Republic of Kazakhstan and Aviation Activities". Carriers who violate the requirements provided for in article 76 of this Law are liable in accordance with the Code of Administrative Offences of the Republic of Kazakhstan.
The objective side of the first part of the offense under consideration is expressed in illegal actions (inaction) that violate the established procedure for using the airspace of the Republic of Kazakhstan by non-fulfillment or improper fulfillment by the carrier of obligations to provide services to the passenger in three cases:
1) in case of cancellation or delay of the flight due to the fault of the carrier;
2) in case of flight cancellation due to late arrival of the aircraft;
3) in case of flight cancellation due to a change in the transportation route.
In the above cases, the carrier is obliged to compensate passengers for moral and property damage in accordance with the Order of the Minister of Investment and Development of the Republic of Kazakhstan dated April 30, 2015 No. 540 "On Approval of the Rules for the Carriage of Passengers, baggage and Cargo by Air". In the event of cancellation or delay of a flight due to the fault of the carrier or delay, cancellation of the flight due to the late arrival of the aircraft, or a change in the route of transportation, the carrier will arrange the following services for passengers at departure and intermediate points:
1) provision (if available) of a mother and child room for a passenger with a child under the age of seven;
2) two phone calls, including over international communication lines, lasting no more than five minutes or two e-mail messages while waiting for the departure of the flight for more than two hours;
3) provision of soft drinks while waiting for the departure of the flight for more than two hours;
4) providing hot meals while waiting for the departure of the flight for more than four hours and beyond:
every six hours during the daytime;
every eight hours – at night;
5) accommodation in a hotel provided by the airline, while waiting for the flight departure for more than eight hours during the day and more than six hours at night;
6) delivery by transport provided by the airline from the airport to the hotel and back in cases where the hotel is provided without additional charge;
7) in case of cancellation or delay of the flight due to the carrier's fault for a period of more than ten hours, at the passenger's choice, the carrier:
provides transportation of the passenger by the nearest flight to the destination indicated on the ticket, with the provision of services in accordance with this paragraph.;
returns the full ticket price to the passenger.
The services specified in this paragraph are provided to passengers without additional charge.
At the request of the passenger, a letter is issued to him or a note is made in the ticket about the reasons for the delay in transportation by a specially appointed airline official.
The Airline reimburses the damage or expenses incurred by the passenger as a result of or in connection with the provision of the specified service.
If the passenger's transportation is delayed due to the airline's fault, the airline pays the passenger a fine of 3 percent of the ticket price (flight section where the delay occurred) for each hour of delay, unless it proves that the delay occurred due to force majeure.
The amount of the fine collected may not exceed the cost of the purchased ticket (the flight section where the delay occurred).
The objective side of Part 2 of the commented article provides for the qualifying features of the first part of the article, committed repeatedly within a year after the imposition of an administrative penalty. It should be noted that officials authorized to impose administrative penalties should take into account the repeated actions of the offender only as a qualifying feature, and not as a circumstance aggravating responsibility for the offense provided for in Article 567 of the Administrative Code (Part 2 of Article 57)
The subject of the offense is explicitly indicated in the disposition of the article under study and is represented as an air carrier.
An air carrier is equated to the concept of a charterer, who, in accordance with a chartering (charter) agreement, transfers for a fee to another party (the charterer) the entire capacity or part of the capacity of one aircraft (or several vessels) with a crew for one or more flights for the transportation of passengers, baggage, cargo, mail or other purposes and provides his services We provide services for its management and technical operation.
The subjective side of the commented article can be expressed both in the form of direct intent and carelessness.
Authorized officials of the civil aviation authority have the right to initiate proceedings under the commented article and impose administrative penalties (Part 3 of Article 691 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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