Comment to Article 116. Financing of the election campaign or provision of other financial assistance other than election funds The Code of the Republic of Kazakhstan on Administrative Offences
Provision of financial or other material assistance, as well as charitable assistance provided by charitable organizations and associations to candidates, political parties that have nominated party lists, in addition to their electoral funds, –
entails a fine for individuals in the amount of twenty–five, for small businesses or non–profit organizations - in the amount of thirty, for medium-sized businesses - in the amount of forty, for large businesses – in the amount of fifty monthly calculation indices.
In accordance with clause 14), clause 2, Article 50 of the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan", a person bears administrative and other responsibility established by the law of the Republic of Kazakhstan in case of providing financial (material) support to candidates, political parties that have nominated party lists, in addition to their electoral funds.
In paragraph 2 of art . 12 Conventions on Standards of Democratic Elections, Electoral Rights and Freedoms in States - The members of the Commonwealth of Independent States (Chisinau, October 7, 2002) stated that "States ensure, in cases and in accordance with the procedure provided for by constitutions and laws, that candidates, political parties (coalitions) participating in elections are allocated budgetary funds on fair terms, as well as the possibility of forming an extra-budgetary fund at the electoral body or forming their own monetary fund." the election fund for financing its election campaign and using its own funds for these purposes, voluntary monetary donations from individuals and (or) national legal entities in the amounts and in the manner prescribed by law. The use of funds by candidates, political parties (coalitions) other than those received by these funds should be prohibited by law and subject to liability in accordance with the laws."
The general object of the offense is the established procedure for providing campaign finance and other financial assistance. The generic object is the legal relations that arise when observing the procedure for providing financial or other material assistance, as well as charitable assistance provided by charitable organizations and associations to candidates and political parties that have nominated party lists.
Financial and other material support provided to candidates and political parties that have nominated party lists should be provided only through election funds created to finance the election campaign.
Paragraphs 7-11 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, regulate the election funds of candidates for deputies, other elected positions, and political parties.
The election fund of the candidate for President of the Republic of Kazakhstan consists of:
1) the candidate's own funds and the funds allocated to the candidate by the Republican public association that nominated him, the total amount of which does not exceed the minimum wage established by law by more than twelve thousand times;
2) voluntary donations from citizens and organizations of the Republic, the total amount of which does not exceed the minimum wage established by law by more than fifteen thousand times.
The electoral fund of a candidate for deputy of the Senate of Parliament consists of:
1) the candidate's own funds, the total amount of which does not exceed the minimum wage established by the legislation of the Republic of Kazakhstan by more than two hundred times;
2) voluntary donations from citizens and organizations of the Republic, the total amount of which does not exceed the minimum wage established by the legislation of the Republic of Kazakhstan by more than five hundred times.
The electoral fund of the political party that nominated the party list for the election of deputies to the Mazhilis of Parliament consists of:
1) the political party's own funds, the total amount of which does not exceed the minimum wage established by law by more than five thousand times;
2) voluntary donations from citizens and organizations of the Republic, the total amount of which does not exceed the minimum wage established by law by more than ten thousand times;
The electoral fund of the political party that nominated the party list for the election of Maslikhat deputies consists of:
1) the political party's own funds, the total amount of which does not exceed the minimum wage established by law by more than a thousand times;
2) voluntary donations from citizens and organizations of the Republic of Kazakhstan, the total amount of which does not exceed the minimum wage established by law by more than two thousand times.
The election fund of a candidate for akim is formed from the following sources:
1) the candidate's own funds, the total amount of which does not exceed the minimum wage established by law by more than twenty-five times;
2) voluntary donations from citizens and organizations of the Republic of Kazakhstan, the total amount of which does not exceed the minimum wage established by law by more than fifty times.
The objective side of the offense consists of actions:
- to provide financial or other material assistance,
- charitable assistance provided by charitable organizations and associations.
Such assistance is provided to candidates and political parties that have nominated party lists, in addition to their electoral funds.
In accordance with clause 10) of Article 1 of the Law of the Republic of Kazakhstan dated November 16, 2015 No. 402-V SAM "On Charity", "charitable assistance is property provided by a benefactor free of charge in order to assist the user in improving the financial and (or) financial situation.:
in the form of social support for an individual;
in the form of sponsorship;
a non-profit organization in order to maintain its statutory activities;
organizations operating in the social sphere, defined in accordance with the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code)".
The offense in question can be committed only during the election campaign, i.e. from the moment of the official publication of the decision on calling the election until the day of the official publication of the election results.
The subjects of this administrative offense may be: individuals, small business entities or non-profit organizations, medium-sized businesses, and large businesses.
On the subjective side, the offense in question may, as a rule, be committed intentionally, less often through negligence.
In accordance with Part 1 of Article 805 of the Administrative Code, administrative offenses provided for in Article 116 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 116 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 116 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.);
Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);
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
