Commentary to article 581. Violation of the rules for launching a vessel or allowing persons who do not have a relevant diploma (certificate, certificate) to operate the vessel The Code of the Republic of Kazakhstan on Administrative Offences
1. The release (direction) of a vessel (except for a small one) to sail without documents certifying the vessel's ownership, seaworthiness, with an understaffed crew, if the technical condition of the vessel does not match the available documents, in violation of established loading rules, passenger capacity standards, restrictions on the area and conditions of navigation, as well as access to control the vessel or its mechanisms. and the equipment of persons who do not have the appropriate diploma (certificates, certificates), -
they entail a fine in the amount of twenty monthly calculation indices.
2. The launch of small vessels that are not registered in accordance with the established procedure or have not passed a technical inspection (survey), or have malfunctions that prohibit their operation, or are not equipped with equipment, or have been converted without appropriate permission, as well as the admission to the management of small vessels of persons who do not have the right to operate these vessels., -
They impose a fine on officials and small business entities in the amount of ten, on medium-sized businesses in the amount of twenty, and on large businesses in the amount of fifty monthly calculation indices.
The object of the offense of the commented article is the social and legal relations arising in the field of ensuring the safety of movement (navigation) of vessels, including small ones
The objective side of the offense provided for in part 1 of the article in question is expressed by illegal actions (omissions) in the form of:
1) the release (direction) of a vessel (other than a small one) for sailing:
- without documents certifying the ownership of the vessel;
-without documents certifying the ship's seaworthiness;
- with an understaffed crew;
- if the technical condition of the vessel does not comply with the available documents;
- in violation of the established upload rules;
- with violation of passenger capacity standards;
- violation of restrictions on the area and conditions of navigation;
2) admission to the management of the vessel or its mechanisms and equipment of persons who do not have the appropriate diploma (certificates, certificates).
All of the above acts in paragraphs and sub-paragraphs of Part 1 of this article may be qualifying signs of an administrative offense independently or collectively.
Vessel - an inland waterway vessel, a self-propelled or non-self-propelled floating structure used for navigation purposes, including a river-sea navigation vessel, a ferry, a technical fleet vessel (dredging and dredging shells, a floating crane and other similar technical structures), as well as other vessels that are not small vessels.
When sailing, the ship's crew must have documents in accordance with the requirements of the Law of the Republic of Kazakhstan dated January 17, 2002 "On Merchant Shipping" (hereinafter referred to as the Law on Navigation).:
1) passenger certificate - a ship's document containing information on the maximum allowable number of passengers on a ship (paragraph 15 of Article 1 of the Law on Navigation);
2) professional diploma - a diploma issued to a member of the ship's crew and confirming his qualifications (paragraphs 21-1 of art. 1 of the Law on Navigation);
3) mortgage of a vessel - mortgage of a marine vessel subject to state registration, an inland waterway vessel, a river-sea navigation vessel, as well as a vessel under construction, arising on the basis of a contract registered in the relevant register (paragraph 25 of Article 1 of the Law on Navigation);
4) bill of lading - a document issued by the carrier to the sender and certifying the acceptance of the cargo for carriage (paragraph 31 of Article 1 of the Law on Navigation);
5) through bill of lading - a document issued by the carrier to the sender and certifying acceptance of the cargo for carriage, which stipulates that part of the carriage must be carried out by another carrier (paragraph 38 of Article 1 of the Law on Navigation);
6) a sea waybill is a transportation document drawn up during the carriage of goods by sea; (paragraph 53 of Article 1 of the Law on Navigation).
The restrictions and conditions of navigation are established by the order of the Order of the Minister of Defense of the Republic of Kazakhstan dated August 16, 2017 No. 455 "On approval of the Rules for establishing areas prohibited for swimming and temporarily dangerous for swimming".
The subjects of the offense under part 1 of the commented article are the persons responsible for the release (direction) of the sea vessel to sail.
The objective side of the offense provided for in part 2 of the article in question is expressed by illegal actions (omissions) in the form of:
1) launching of small vessels:
- not registered in accordance with the established procedure;
-those who have not passed the technical inspection (inspection);
- having malfunctions with which their operation is prohibited;
- not equipped with equipment;
- converted without proper permission
2) admission to the management of small vessels of persons who do not have the right to manage these vessels.
All of the above acts in paragraphs and sub-paragraphs of Part 2 of this article may be qualifying signs of an administrative offense independently or collectively.
A small vessel is a vessel with a length of not more than twenty meters with a permissible number of people on board of not more than twelve people, except for vessels built or equipped for fishing, cargo transportation, towing, prospecting, exploration and mining, construction, track, hydraulic engineering and other similar works, pilotage and icebreaking, as well as implementation of measures to protect water bodies from pollution and clogging.
When sailing a small vessel, the crew of the vessel must have documents in accordance with the requirements of the Law of the Republic of Kazakhstan dated July 6, 2004 No. 574 "On Inland Waterway Transport" (hereinafter – the Law):
1) passenger certificate - a ship's document containing information on the maximum allowable number of passengers on a ship (clauses 8.1 of art. 1 of the Law);
2) the certificate of seaworthiness is one of the main documents of the Register of Shipping, issued in accordance with the rules of the Register of Shipping (paragraph 9 of art. 1 of the Law);
3) mortgage of a vessel is a mortgage of an inland waterway vessel, a small vessel, a river-sea navigation vessel subject to state registration, arising on the basis of an agreement registered in the relevant register (clause 13 of Article 1 of the Law);
4) bill of lading - a transportation document issued during the transportation of goods by direct waterway (paragraph 21 of Article 1 of the Law);
5) registration number - the number of a vessel, including a small one, which is assigned to it during state registration (paragraphs 42-1, art. 1 of the Law).
An inspection of the vessel is carried out to identify deficiencies in the admission of a vessel, including a small one. An inspection is an inspection of a vessel in order to determine its technical condition in accordance with the requirements established by the technical regulations and rules of the Register of Shipping aimed at ensuring the safety of navigation of the vessel, taking into account its purpose and confirmation of class (paragraph 21 of Article 1 of the Law).
A mortgage on a vessel is issued in accordance with the order of the Acting Minister of Investment and Development of the Republic of Kazakhstan dated January 23, 2015 No. 51 "On Approval of the Rules for State Registration of a vessel, including a small vessel, and the rights to it."
The subjects of the offense under part 2 of the article under study are officials and legal entities responsible for launching small vessels.
The subjective side of all parts of the commented article can be expressed in the form of direct intent or a careless form of guilt.
They have the right to consider cases of administrative offenses provided for in all parts of Article 581 of the Administrative Code and impose administrative penalties.:
1) according to Part 1 - on behalf of the transport control authorities, the heads of the authorized body in the field of transport and communications, its territorial divisions and their deputies. (Part 1 of Article 691 of the Administrative Code );
2) in all parts - heads of the transport control body and its deputies, heads of territorial transport control bodies and their deputies (Clause 1, Part 2, Article 691 of the Administrative Code).
On the basis of paragraph 1 of part 3 of Article 804 of the Administrative Code, officials of the authorized body in the field of transport and communications have the right to draw up a protocol on administrative offenses under part 2 of Article 582 of the Administrative Code.
In case of violations provided for in this article, the above-mentioned officials have the right to detain, deliver and prohibit the operation of a small vessel by delivering them for temporary storage using another vessel or small vessel, until the reasons for the detention are eliminated. (paragraph 1 of Article 1 of Article 797 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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