VIOLATION OF SAFETY RULES AT EXPLOSIVE OBJECTS: FEATURES OF THE NEW EDITION OF ART. 281 OF THE CRIMINAL CODE OF THE REPUBLIC OF KAZAKHSTAN

Kairat Alikhanovich Bakishev, Феткулов Аликжан Халелович

2023

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DOI 10.52026/2788-5291_2023_73_2_108
Data confidence 70 medium
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Abstract

The article analyzes the composition of the violation of safety rules at explosive-hazardous facilities provided for in Article 281 of the Criminal Code of the Republic of Kazakhstan in 2014, which underwent certain changes and additions in the process of legal reform carried out within the framework of the Concept of Legal Policy of the Republic of Kazakhstan for the period from 2010 to 2020. The authors state that the current version of the disposition in part one of the criminal law norm does not fully cover the signs of an explosive object and therefore does not correspond with the provisions of the Law of the Republic of Kazakhstan dated April 11, 2014 "On Civil Protection", which has an extremely negative impact on law enforcement and the state system of prevention of criminal offences in the field of protection labour. This problem acquires relevance and theoretical and practical significance against the background of the negative dynamics of mortality and occupational injuries that have developed in Kazakhstan recently. The interests of ensuring industrial safety, and protecting the life and health of citizens from the effects of hazardous production factors dictate the need for further improvement of Article 281 of the Criminal Code of the Republic of Kazakhstan. To concretize the content of the objective side of the criminal offence and ensure the correct legal assessment of the act in law enforcement practice, it is advisable to replace the words "explosive objects and explosive workshops" in the disposition of the criminal law with the words "hazardous production facilities". In this regard, the author's version of Article 281 of the Criminal Code of the Republic of Kazakhstan is formulated. In the course of the research, historical, formal-legal, comparative-legal, analytical and logical research methods were applied. The scientific and practical significance of the presented work: further improvement of criminal legislation, investigative and judicial practice in terms of the application of Article 281 of the Criminal Code of the Republic of Kazakhstan and the appointment of a fair sentence.