The Criminal Appeals Board of the Kostanay Regional Court reviewed the appeal of the head of the education department of the Auliekol District Akimat, Dosbol Kusainov. He had previously been fined 147,680 tenge as the client following the collapse of a wall at the Batyrzhan Kenzhetayev Novonezhinka General Education School.
According to the press service of the Kostanay courts, the court of first instance had found him guilty of committing an administrative offence during construction, installation, and repair-restoration works.
"By a ruling of the Auliekol District Court, the head of the State Institution 'Department of Education of the Auliekol District Akimat,' K., was found guilty under Article 313, Part 1 of the Administrative Code for violating building standards on the project 'Major repairs to the building of the State Institution "Batyrzhan Kenzhetayev Novonezhinka General Education School"' and an administrative penalty of a fine in the amount of 147,680 tenge was imposed on him," the statement reads.
Ultimately, the appeals board overturned the ruling of the court of first instance. It became known that such a fine is imposed when design documents are violated.
"The head of the State Institution 'Department of Education of the Auliekol District Akimat,' K., lacks competence in the field of construction, which would have allowed him to independently identify the contractor's use of unsafe methods and techniques for dismantling. Consequently, he is not a subject of the offence, as an administrative offence is defined as an unlawful, culpable action or inaction by a natural person," the statement reads.
Furthermore, the dismantling of floor slabs was not included in the list of works to be performed by the contractor.
"The listed circumstances do not confirm K.'s guilt in that he did not halt the construction and repair work due to the deflection of the slab, that is, due to a danger that arose outside the scope of the construction work being carried out by the contractor. In this regard, the appeals board discontinued proceedings against K. due to the absence of the elements of an administrative offence," the court's decision states.
To recap, at the beginning of September, it was reported that in the village of Novonezhinka, Auliekol District, Kostanay Region, schoolchildren were forced to study in a partially renovated building. Only four classrooms were ready in the school, where lessons for middle school students were held. Senior pupils studied in the local wrestling hall, and first-graders in the kindergarten.
The day after the media publication, it was reported that a wall had collapsed at the Novonezhinka School. According to the akimat, no children or teachers were in the school at the time, and no one was injured.
Incidentally, in September, it became known that children from the village of Aktogan, Merki District, Zhambyl Region, were forced to study in the House of Culture due to the incomplete construction of the school. The school principal then stated that the management had to take this step out of desperation.
Later, it was reported that in the village of Sharbulak, Kazygurt District, Turkestan Region, there were not enough places in classrooms for all the children, and some students were studying in the corridor. Teachers had even built several makeshift 'classrooms', and half of the building was declared unsafe.