Comment to Article 115. Failure to submit or publish reports on the expenditure of funds for the preparation and conduct of elections (republican referendum)  The Code of the Republic of Kazakhstan on Administrative Offences  

     Failure by a candidate, a person elected as a deputy or to another elected position, or by a political party to provide information on the amount of receipts (donations) to election funds and on the sources of creation of election funds, as well as a report on the use of election fund funds –

     entails a fine for a candidate, a person elected as a deputy or for another elected position in the amount of fifteen, for a legal entity – in the amount of fifty-five monthly calculation indices.

     The general object of the offense is the public order for ensuring the conduct of elections. The generic object of the offense is the social and legal relations that arise when the procedure for financing, providing and publishing reports on the expenditure of funds for the preparation and conduct of elections (republican referendum) is observed.

     Chapter 6 of the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan" regulates the issues of financing elections. The mentioned Constitutional Law provides for state and non-state financing of elections. Elections of the President, deputies of Parliament, with the exception of deputies of the Mazhilis of Parliament elected on the basis of party lists, maslikhats, and members of other local self-government bodies are financed from the republican budget through the accounts of local executive bodies.  

     The republican budget funds cover the costs of:  

     1) organization and activities of election commissions, rental of premises, travel expenses, remuneration of consultants, experts, members of the linguistic commission, specialists who ensure the operation of the electronic election system;  

     2) statements by candidates, other than candidates running on party lists, in the mass media (paragraph 3 of Article 28 of the Constitutional Law);  

     3) holding public pre-election events for candidates and releasing campaign materials for candidates, except for candidates running on party lists (paragraphs 4 and 5 of Article 28 of the Constitutional Law);  

     4) transportation expenses of candidates, except for candidates running on party lists, in the amounts established by the Central Election Commission;  

     5) production of information posters placed in the premises of the election commission and the voting room about presidential candidates, deputies of the Senate of Parliament and maslikhats, members of other local self-government bodies, as well as about political parties that have put forward party lists.  

     The pre-election campaigning of candidates for the election of the President and deputies of Parliament, and deputies of maslikhats may be financed from the funds of electoral funds formed in accordance with the procedure established by Constitutional Law. Election funds are subject to state registration in accordance with the procedure established by law.  

     Election funds are formed from the following sources:  

     1) personal funds of candidates, funds of political parties;  

     2) funds allocated to the candidate by the public association of the Republic that nominated him;  

     3) voluntary donations from citizens and organizations of the Republic. Voluntary donations from state bodies and organizations, local governments, charitable organizations, religious associations, Kazakh legal entities with foreign participation in their authorized capital, as well as anonymous donations from individuals and legal entities are prohibited.

     Only legally obtained funds may be allocated to election funds.

     Therefore, it is important to control the expenditure of funds for the preparation and conduct of elections (republican referendum). Paragraph 9 of Article 34 of the aforementioned Constitutional Law stipulates that no later than five days after the election results are established, a candidate or a political party must submit to the relevant election commission a report on the use of their election fund.  

     Consequently, the objective side of this offense committed by a candidate for an elected position or a political party is expressed in inaction when these persons do not submit to the relevant election commission a report on the use of their election fund.  

     Paragraphs 19-26 of the Rules for Opening a Special Temporary Account and Spending Election Fund Funds, approved by Resolution No. 19/222 of the Central Election Commission of the Republic of Kazakhstan dated August 7, 1999, state that control over the spending of election funds is carried out by the relevant election commissions and banks. Upon the recommendation of the relevant election commissions, other state bodies may be involved in the control in accordance with their competence.

     No later than five calendar days after the election results are established, the candidate, the political party that nominated the party list, must submit to the relevant election commission a report on the use of funds from his election fund, which indicates the sources of cash receipts to the election fund and all expenses incurred. In this case, a copy of the notification of the opening of a special account, certified by the bank, is provided.

     Targeted spending of election funds is provided by the candidate for President of the Republic of Kazakhstan, deputies of the Senate of the Parliament, akims, and the political party that nominated the party list.

     The candidate for President of the Republic of Kazakhstan, deputies of the Senate of the Parliament, akims, and the political party that nominated the party list keep records of the funds received into their election fund, as well as their spending. Records are kept for each type of receipt, indicating the date, amount in tenge and the name of the specific individual and legal entity that transferred these funds. The expense register records: the date of receipt of money to the account, the date of withdrawal of money from the second-tier bank, the amount, and the purpose of the payment for each payment document.

     The second-tier banks submit a weekly report to the relevant election commission on the receipt of funds to special accounts and on their expenditure. Upon request of the relevant election commission, the same information is provided within twenty-four hours.

     A report on the receipt of funds for special accounts and their expenditure is published in the media twice a month.:

     during the elections of the President of the Republic of Kazakhstan, deputies of the Mazhilis of the Parliament of the Republic of Kazakhstan on party lists - by the Central Election Commission;

     during the elections of deputies of the Senate of the Parliament of the Republic of Kazakhstan – by regional (cities of republican significance and the capital) election commissions;

     during the elections of deputies of maslikhats and akims - by territorial election commissions.

     All financial transactions on special accounts are terminated at eighteen o'clock on the day preceding election day.

     In case of repeated voting, financial transactions on the special accounts of candidates in respect of whom repeated voting is being conducted are resumed on the day of the appointment of the day of repeated voting and are terminated at eighteen o'clock on the day preceding election day. The total amount of money received by the electoral fund from the date of its formation may not exceed the limits established by the Constitutional Law.

     Two thirds of the funds of the electoral fund that remained unspent for the purposes of the election campaign are sent by the second-tier bank or its branch to the republican budget, and one third is returned to the candidate or the political party that nominated the party list. Information about this is submitted to the Central Election Commission or the relevant territorial election Commission, which decides on the adoption of the report.

     Reports are submitted according to the forms specified in Appendices 1, 2, 3 and 4 to the Rules, accompanied by documents confirming the expenditure of funds.

     A candidate or a political party is the subject of failure to submit a report on the use of its election fund.  

     However, the subject of non–publication of reports on the expenditure of funds for the preparation and conduct of elections (republican referendum) is always an official - the chairman of the relevant election commission.  

     Thus, in accordance with paragraph 4 of Article 34 of the Constitutional Law "On Elections", information on the total amount of money received by the fund and its sources is published in the mass media within ten days after the publication of the election results.:  

     in elections of the President, deputies of the Mazhilis of the Parliament of the Republic of Kazakhstan on party lists - by the Central Election Commission;  

     during the election of deputies to the Senate of the Parliament - by regional (cities of republican significance and the capital) election commissions;  

     during the elections of deputies of maslikhats - by district election commissions.  

     The subjective side of this offense can be expressed either in the form of intent or negligence.  

     In accordance with Part 1 of Article 805 of the Administrative Code, administrative offenses provided for in Article 115 of the Administrative Code relate to cases in which the prosecutor issues a decision to institute proceedings on administrative offenses.  

     According to Part 1 of Article 684 of the Administrative Code, cases of administrative offenses provided for in Article 115 of the Administrative Code are considered by judges of specialized district and equivalent administrative courts.  

     At the same time, a protocol on an administrative offense is not drawn up when individuals apply for restoration of violated rights under Article 115 of the Administrative Code. In this case, the case is considered by the court without drawing up a protocol on the offense (paragraph 4) of Part 1 of Article 807 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.);  

     Karpekin Alexander Vladimirovich, Candidate of Law, Associate Professor – chapter 13 (in collaboration with Zhusipbekova A.M.);

     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  

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases