Article 156. Planning, Preparation, Starting, or Waging an Aggressive War 7 страница

 

2. The same act which caused considerable damage to the health of a man, flora, or fauna, fish stock, environment, recreation areas, or to other interests protected by law, - shall be punished by imprisonment for a period up to three years with a fine in an amount from fifty up to one hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to one month.

. Acts stipulated in the first or second part of this Article, which entailed by negligence human death, -

shall be punished by imprisonment for a period from two to five years.

 

Article 284. Violation of Legislation Concerning the Continental Shelf of the Republic of Kazakhstan and the Exclusive Economic Zone of the Republic of Kazakhstan

 

1. Illegal erection of structures on the continental shelf of the Republic of Kazakhstan, illegal creation around them, or on the exclusive economic zone of the Republic of Kazakhstan, of safety zones, as well as violation of the rules for construction, operation, protection, or liquidation of erected facilities and means of ensuring the safety of sea navigation, - shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or by correctional labour for a period up to two years.

 

2. Examination, exploration, or mining of natural resources of the continental shelf of the Republic of Kazakhstan or of the exclusive economic zone of the Republic of Kazakhstan, which are carried out without the relevant permit, - shall be punished by a fine in an amount from five hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to seven months, or by correctional labour for a period up to two years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it.

 

Article 285. Spoiling of Land

 

1. Contamination, pollution, or other spoiling of soil with harmful products of economic or other activity as a result of violation of the rules for treatment and handling of pesticides, fertilizers, plants growth stimulators, or other dangerous chemical, radioactive, or biological substances, in their storage, use, transportation, or burial, which entailed the causation of damage to a man's health or to the environment, as well as deterioration of natural properties of soil, - shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or by correctional labour for a period up to two years.

 

2. The same acts committed on the territory with an endangered ecological situation, shall be punished by restriction of freedom for a period up to three years, or by imprisonment for the same period.

 

3. Acts stipulated by the first or second part of this Article, which entailed by negligence human death, -

shall be punished by imprisonment for a period from two to five years.

 

Article 286. Violation of the Rules for Protection and Use of the Subsurface

 

1. Violation of the rules for the protection and use of the subsurface in designing, deploying, constructing, putting into operation, or operating mining enterprises or underground structures which are not associated with the extraction of natural resources, as well as unwarranted erection of structures on the areas of occurrence of natural resources, if these acts entailed the causation of considerable damage, - shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or by correctional labour for a period up to two years.

 

2. Violation of general ecological requirements at all stages of subsurface use, if this entailed mass perishing of flora or fauna, the causation of great damage to the state, or harm the health of the population, - shall be punished by imprisonment for a period from two to five years, with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it.

 

3. Acts stipulated by the second part of this Article, which entailed by negligence mass disease of people or human death, - shall be punished by imprisonment for a period from three to eight years.

 

Article 287. Illegal Catching of Water Animals and Plants

 

1. Illegal catching of fish, sea animals, or other types of water animals or plants, if this act is committed with causation of great damage, or with the use of a self-propelled floating transport vehicle, explosives, chemical substances, electric current, or other means of mass extermination of indicated water animals or plants, or such an act committed in spawning places or on migration ways to them, or on specially protected natural territories, or territories with an endangered ecological situation,

 

- shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by correctional labour for a period up to two years, or by detention under arrest for a period from four to six months, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.

 

2. The same act committed by a person with the use of his official position, or by a group of people upon a preliminary collusion, or by an organised group, -

 

shall be punished by a fine in an amount from five hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to seven months, or by imprisonment for a period up to two years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it.

 

Article 287. Illegal Getting of Water Animals and Plants

 

1. Illegal getting of fishes and other water animals or plants if that action is committed:

 

a) with the inflicting of considerable damage;

 

b) with the application of explosive and chemical matters, electric current or other methods of mass extermination of water animals and plants, -

shall be punished by a penalty in an amount from two hundred to five hundred monthly assessment indices, or in the amount of wages or another income of the convict for a period from two to five months, or by corrective labour for the period of up to two years, or by arrest for a period from four to six months, or by deprivation of the right to take certain positions or to be engaged in certain activity for the period of up to three years with confiscation of property being an object of criminal actions, a tool or a means of the commission of a crime, an item withheld from circulation, or without the same.

 

2. The same action committed:

 

a) repeatedly;

 

b) in relation of sturgeon species of fishes;

 

c) in places of spawning or on migratory ways to them;

 

d) by a person with the use of his official position;

 

e) by a group of persons in preliminary agreement;

 

f) with the application of a self-propelled transport floating vehicle;

 

g) on specially protected natural territories and on territories with the emergency ecological situation, -

 

shall be punished by a penalty in an amount from five hundred to seven hundred monthly assessment indices or in the amount of wages or another income of the convict for a period from five to seven months, or by deprivation of liberty for the period of up to two years with the deprivation of the right to take certain positions or to be engaged in certain activity for the period of up to three years or without the same, with confiscation of property of the convict, as well as property being an object of criminal actions, a tool or a means of the commission of a crime, an item withheld from circulation, or without the same.

 

3. Actions stipulated by parts one and two of this Article committed with the inflicting of big damage or by an organised group, -

shall be punished by deprivation of liberty for a period from two to five years with confiscation of property of the convict, as well as property being an object of criminal actions, a tool or a means of the commission of a crime, an item withheld from circulation.

 

Article 288. Illegal Hunting

 

1. Illegal hunting, if this act is committed as follows:

 

a) with causation of great considerable damage;

 

b) with the use of a mechanical transport vehicle or an aircraft, explosives, gas, or other means of mass extermination of birds or animals;

 

c) with regard to birds or animals, hunting for which is entirely forbidden;

 

d) on specially protected natural territories and on territories with an endangered ecological situation, -

 

shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by correctional labour for a period up to two years, or by detention under arrest for a period from four to six months with confiscation of property being an object of criminal actions, a tool or a means of the commission of a crime, an item withheld from circulation, or without the same.

 

2. The same act committed repeatedly by a person with the use of his official position, or by a group of persons upon a preliminary collusion, or by an organised group,

shall be punished by a fine in an amount from five hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to seven months, or by imprisonment for a period up to two years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it with confiscation of property being an object of criminal actions, a tool or a means of commission of the crime, an item withheld from circulation, or without the same.

 

3. Actions stipulated by parts one or two of this Article committed with the inflicting of big damage or by an organised group, -

 

shall be punished by deprivation of liberty for a period from two to five years with confiscation of property of the convict, as well as property being an object of criminal actions, a tool or a means of commission of the crime, an item withheld from circulation.

 

Note. In articles of this chapter considerable damage, shall be understood to mean an amount of damage exceeding by one hundred and more times a monthly calculation base established by legislation of the Republic of Kazakhstan as of the moment of the commission of a given crime. Great damage shall be understood to mean damage exceeding by three hundred and more times a monthly calculation base established by legislation of the Republic of Kazakhstan as of the moment of commission of a given crime.

 

Article 289. Violation of Rules for the Protection of Fauna

 

Mass destruction or perishing of fauna as a consequence of violation of the rules for its protection, in carrying out production processes or operation of transport vehicles, application of means of plants protection, mineral fertilizers, or other preparations, as well as the procedure for the use and protection of hunting areas and water bodies for fish-farming, which caused great damage, -

 

shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by correctional labour for a period up to two years, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.

 

Article 290. Illegal Handling of Rare or Endangered by Extinction Flora and Fauna Species

 

Illegal procurement, purchase, sale, as well as destruction of rare or endangered by extinction flora and fauna species which are entered in the Red Book of the Republic of Kazakhstan, or their habitat, -

 

shall be punished by restriction of freedom for a period up to three years, or imprisonment for the same period with confiscation of property of the convict, as well as property being an object of criminal actions, a tool or a means of commission of the crime, an item withheld from circulation.

 

Article 291. Illegal Felling of Trees or Brushwood

 

1. Illegal felling, as well as damaging to the degree of termination of growth of trees and brushwood in forests of all types, as well as trees or brushwood which are not entered into the forestry fund or prohibited for felling, if these acts caused considerable damage, -

 

shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to two months, or by correctional labour for a period from six months up to one year.

 

2. Illegal felling, as well as damaging to the degree of termination of growth of trees and brushwood of all groups, as well as of trees and brushwood which are not entered into the forestry stock or prohibited for felling, if these acts are committed as follows:

 

a) repeatedly;

 

b) by a person with the use of his official position;

 

c) in a large amount, -

 

shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by correctional labour for a period from one year to two years, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.

 

Article 291. An Illegal Cutting of Trees and Shrubs

 

1. An illegal cutting, as well as damage up to the stop of the growth of trees and shrubs in forests of all the groups, as well as trees and shrubs being not in the forest stock if those actions inflict considerable damage, -

 

shall be punished by a penalty in an amount from one hundred to two hundred monthly assessment indices or in the amount of wages or another income of the convict for the period of up to two months, or by corrective labour for a period from six months to one year with confiscation of property of the convict, as well as property being an object of criminal actions, a tool or a means of commission of the crime, an items withheld from circulation, or without the same.

 

2. Same actions committed:

 

a) repeatedly;

 

b) by a person with the use of his official position;

 

c) with inflicting of big damage, -

 

shall be punished by a penalty in an amount from two hundred to five hundred monthly assessment indices or in the amount of wages or another income of the convict for a period from two to five months, or by corrective labour for a period from one year to two years, or by deprivation of the right to take certain positions or to be engaged in certain activity for the period of up to three years, with confiscation of property of the convict, as well as property being an object of criminal actions, a tool or a means of commission of the crime, an item withheld from circulation, or without the same.

 

3. Actions stipulated by parts one or two of this Article committed on specially protected territories or by an organised group, -

 

shall be punished by a penalty in an amount from five hundred to seven hundred monthly assessment indices, or by deprivation of liberty for the period of up to three years with confiscation of property of the convict, as well as property being an object of criminal actions, a tool or a means of commission of the crime, an item withheld from circulation.

 

Article 292. Destruction or Damaging Forests

 

1. Destruction or damaging forests, as well as plantations which are not entered into the forestry stock, as a result of negligent handling of fire or other sources of great danger, -

 

shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by detention under arrest for a period up to six months, or by imprisonment for a period up to two years.

 

2. Deliberate destruction or damaging of forests, as well as plantations which are not entered into the forestry stock, by way of arson or other publicly dangerous method, or as a result of pollution with harmful substances, wastes, emissions, or refuse, -

 

shall be punished by imprisonment for a period from three to eight years.

 

Article 293. Violation of the Regime of Specially Protected Natural Territories

 

1. Violation of the regime of specially protected natural territories, which entailed the causation of considerable damage, -

 

shall be punished by a fine in an amount from one hundred up to two hundred monthly calculation basses, or in an amount of wages or other income of a given convict for a period up to two months, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or by correctional labour for a period from six months up to one year.

 

2. Deliberate damaging or destruction of facilities of the state natural-preserve fund on specially protected natural territories, which entailed the causation of considerable damage, -

 

shall be punished by restriction of freedom for a period up to three years, or by imprisonment for the same period.

 

Article 294. Failure to Undertake Measures for Liquidation of Consequences of Ecological Contamination

 

Evasion of the conducting or improper conducting of decontamination or other restoration measures in areas subjected to ecological contamination by persons who bear obligations to carry out such measures, which entailed human death or mass diseases of people, or other grave consequences for the environment, -

 

shall be punished by a fine in an amount from five hundred up to one thousand monthly assessment indices, or by imprisonment for a period up to five years with deprivation of the right to hold certain positions or to engage in certain types of activity for the same period.

 

Chapter 12. Transport Crimes

 

Article 295. Violation of Traffic Safety Rules and Rules for Operating Railway, Air, or Water Transport

 

1. Violation of traffic safety rules, or rules for operating railway, air, sea, or river transport by a person who, due to the work performed by him or the position held, is obligated to comply with those rules, if this act entailed by negligence the causation of severe or medium gravity damage to a person's health, -

 

shall be punished by correctional labour for a period from six months up to two years, or by restriction of freedom for a period up to five years, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it.

 

2. The same act which entailed by negligence the death of a person, -

 

shall be punished by imprisonment for a period up to seven years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it.

 

3. An act stipulated by the first part of this Article which entailed by negligence the death of two or more persons, -

 

shall be punished by imprisonment for a period from four to ten years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it.

 

4. The act provided for in the first part of this Article, if it did not entail, but deliberately created a threat of the consequences specified in the first, second or third part of this Article, -

 

shall be punished with a fine in an amount up to one thousand monthly assessment indices or in an amount of the wage or other income of the sentenced person for a period up to ten months or deprivation of the right to hold certain positions or engage in certain activities for a period up to one year, or arrest for a period up to four months, or deprivation of freedom for a period up to one year with deprivation of the right to hold certain positions or engage in certain activities for a period up to two years or without such.

 

Note. Transport shall be understood to mean all types of railway, sea, river, and air transport vehicles, including sea and river small-size vessels.

 

Article 296. Violation of Rules of the Road and Rules for Using Transport Vehicles by Persons Operating Them

 

1. Violation by a person who is operating a vehicle, trolley-bus, tram, or other mechanical transport vehicle, of rules of the road, or rules for operating transport vehicles, which entailed by negligence the causation of severe or medium gravity damage to a person's health, -

 

shall be punished by restriction of freedom for a period up to five years, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years with deprivation of the right to operate a transport vehicle for a period up to three years, or without it.

 

2. The same act which entailed by negligence human death, -

 

shall be punished by imprisonment for a period up to five years with deprivation of the right to operate a transport vehicle for a period up to three years.

 

3. An act stipulated by the first part of this Article, which entailed by negligence the death of two or more persons, -

 

shall be punished by imprisonment for a period from five to ten years.

 

Note. In this Article other mechanical transport vehicles shall be understood to mean tractors, motorcycles, or other self-propelled cars.

 

Article 297. Abandoning a Place of a Traffic Accident

 

Abandoning a place of a road-traffic accident by a person operating a transport vehicle and having violated the rules of the road, or rules for operating transport vehicles, in case of the emergence of consequences stipulated by Article 296 of the present Code, -

 

shall be punished by restriction of freedom for a period up to three years, or by detention under arrest for a period up to six months, or by imprisonment for a period up to two years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it.

 

Note. A person having abandoned a place of a road-traffic accident in relation to the rendering of help to victims shall be exempt from criminal liability under this Article.

 

Article 298. Poor Quality Repair of Transport Vehicles, Their Release into Operation in Disrepair, and Admission for Operating a Transport Vehicle of a Person in a State of Alcoholic Inebriation

 

1. Poor quality repair of transport vehicles, communication ways, means of signalling or communication, or other transport equipment, as well as release into operation of transport vehicles in a state of disrepair by a person who is responsible for the technical condition of transport vehicles, he being aware of that fact, if these acts entailed by negligence the causation of severe or medium gravity damage to health, -

 

shall be punished by a fine in an amount from four hundred up to seven hundred monthly assessment indices or in an amount of wages or other income of a given convict for a period from four to seven months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by detention under arrest for a period up to six months, or by imprisonment for a period up to two years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without such deprivation.

 

2. Admission for operating a transport vehicle of a person who is in a state of alcoholic, narcotic, or other inebriation, which is committed by a proprietor or a owner of a given transport vehicle, if this entailed by negligence the causation of severe or medium gravity damage to health, -

 

shall be punished by a fine in an amount from four hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from four to seven months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by detention under arrest for a period up to six months, or by imprisonment for a period up to two years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without such deprivation.

 

3. Acts stipulated in the first or second part of this Article which entailed by negligence human death, -

 

shall be punished by imprisonment for a period up to five years.

 

4. Acts stipulated by the first or second part of this Article, which entailed by negligence the death of two or more people, -

 

shall be punished by imprisonment for a period from four to ten years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.

 

Article 299. Deliberate Bringing into a State of Disrepair of Transport Vehicles or Communication Ways

 

1. Deliberate destruction, damaging, or brining by any other method into the condition unfit for operation of a transport vehicle, communication ways, signalling means, communications aids, or other transport equipment, as well as the blocking of transport communications, if these acts entailed by negligence the causation of severe or medium gravity damage to a person's health, or the causation of great damage, or disruption of normal work of transport and communication services, -

 

shall be punished by a fine in an amount from four hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from four to seven months or by deprivation of liberty for the period of up to three years, or by detention under arrest for a period from four to six months, or by imprisonment for a period up to four years.

 

2. The same acts which entailed by negligence human death, -

 

shall be punished by imprisonment for a period from three to eight years.

 

3. Acts stipulated by the first part of this Article which entailed by negligence the death of two or more persons,

 

shall be punished by imprisonment for a period from six to ten years.