Akmola "Klondike": time to take action
Because of gaps in the law "black diggers" remain unpunished
The National Chamber of Entrepreneurs of Kazakhstan "Atameken" intends to initiate proposals to amend the existing legislation aimed at combating the illicit production and trafficking of gold ore. In particular, JSC "Mining and smelting concern “Kazakhaltyn” proposes to strengthen criminal and administrative responsibility for the penetration of hazardous production facilities and trafficking of precious metals.
The appeal of the largest gold producer of the country was at the forefront of the joint meeting of the Council for the protection of the rights of entrepreneurs of NCE RK and the Regional Chamber with participation of the Commissioner for Protection of the Rights of Entrepreneurs of Kazakhstan Bolat Palymbetov. For a long time, the company is struggling with activities of illegal miners and trafficking of gold ore in Stepnogorsk region.
As you know, in January 2015, was introduced a new Criminal Code and amendments to the Administrative Code, providing liability for the unlawful use of subsoil (article 334 of the Criminal Code, Article 139 of the Administrative Code). For the first time was introduced criminal liability for the unauthorized use of mineral resources, including unauthorized mining. Previously, the perpetrators were brought only to administrative responsibility.
However, illegal miners do not respond to the new provisions of the law, the situation remains complicated.
"The facts of illegal mining of subsoil occur everywhere. Considerable damage is made not only to the material interests of the state, but also to the subsoil, as well as the region's ecosystem. According to statistics of the Committee on Legal Statistics and Special Records of the Prosecutor General's Office in 2015, under article 334 of the Criminal Code (unauthorized use of subsoil) 214 criminal offenses were registered, 6 of them were sent to court. In this case, according to the appeals of the gold mining company, 102 criminal offenses were registered, of which only 2 were sent to the court, and as a result the accused people were acquitted", (!) - stated the director of the department of legal protection of NCE Oleg Savelenko.
Similar situation with the administrative responsibility. The Department of Ecology of Akmola region upom application of the gold mining company registered 222 cases of administrative violation in 2015, the most of which were dismissed by the court. Actions of "black diggers", the detainees at the time of the illegal extraction or directly after it, the court treated as unfinished offenses (!).
"The actions of the so-called" black diggers caused damage to the company in the amount of 9.2 billion tenge, budget losses exceeded 2 billion. The concern implements the necessary measures only in the last three years, including security, but the changes at the legislative level are required", - says Advisor to the General Director of JSC" MMC "Kazakhaltyn" Marat Koishybayev.
The situation is complicated by numerous points of buying and processing of gold-bearing raw materials, whose activities are not regulated.
The regional prosecutor’s office agrees that changes should be incorporated in the legislation.
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