Comment to Article 119. Non-presentation or non-publication of information on the results of voting or on the results of elections (republican referendum) The Code of the Republic of Kazakhstan on Administrative Offences
1. Failure by the chairman of the precinct election commission to provide information on the voting results required by the legislation of the Republic of Tajikistan to a candidate's proxy, a representative of the mass media, or an observer for review., –
entails a fine in the amount of ten monthly calculation indices.
2. Excluded by the Law of the Republic of Kazakhstan dated 06/29/2018 No. 163 (effective ten calendar days after the date of its first official publication.
3. The act provided for in the first part of this article committed by the chairman of the territorial election commission, as well as his violation of the deadlines for publication or incomplete publication of information on the results of voting in elections (republican referendum) established by the electoral legislation (legislation on the republican referendum) –
they entail a fine in the amount of fifteen monthly calculation indices.
4. The acts provided for in parts one and three of this Article, committed by the Chairman of the Central Election Commission of the Republic of Kazakhstan, –
they entail a fine in the amount of twenty-five monthly calculation indices.
Part 1. In accordance with paragraph 1) paragraph 2 of 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 "failure to provide or unpublish information in accordance with the requirements of this Constitutional Law."
The results of the presidential and parliamentary elections are determined by the Central Election Commission. The results of the elections of deputies of the maslikhat, as well as other local self-government bodies, are determined by the territorial election commission. The election results are recorded in a protocol signed by the Chairman and members of the election commission. In the absence of the Chairman of the commission, the protocol is signed instead by the Deputy Chairman or secretary of the commission (paragraphs 1-3 of art. 44 of the Constitutional Law).
The results of the vote count are reviewed by the election commission and recorded in the protocols, which are signed by the chairman and members of the election commission. In the absence of the chairman of the election commission, the minutes are signed by the Deputy chairman or secretary of the election commission instead. It is not allowed to fill out protocols on voting results with pencil and ink of different colors, as well as to make any corrections to them. In this case, the numerical values of the voting results must be duplicated in words. A copy of the protocol is immediately posted on the premises of the polling station in a specially designated place for public inspection and is kept in the premises for two days. At the request of the person present at the counting of votes in accordance with this Constitutional Law, he/she is given a copy of the protocol, certified by the signatures of the chairman and secretary of the commission and the seal of the election commission. The results of elections in an electoral district are established at a meeting of the district election commission, which is held at one of the polling stations designated by the district election commission no later than ten days before voting day, with the publication of information about the place and time of the meeting in the mass media. The results are established on the basis of protocols of precinct election commissions, which are delivered to this precinct.
A copy of the protocol on the results of the election in the electoral district is posted on the premises of the polling station for public inspection and is on the premises for three days. At the request of the person present at the counting of votes in accordance with this Constitutional Law, he/she is given a copy of the protocol, certified by the signatures of the chairman and secretary of the commission and the seal of the election Commission (paragraphs 8, 8-1 of art. 43 of the Constitutional Law).
In accordance with Article 33 of the Constitutional Law of the Republic of Kazakhstan dated November 2, 1995 No. 2592 "On the Republican Referendum", "the official announcement of the Central Referendum Commission on the results of the referendum is published in the mass media no later than seven days from the date of the vote."
The general object of the offense is the established procedure for publishing (communicating information) of the voting results. The generic object of this offense is the social and legal relations that arise when observing the procedure for submitting and publishing information on voting results or election results.
According to Y.A. Rosenbaum, "the object of the offense, the responsibility for which is provided by this article, is public relations related to the conduct of elections (referendums) and, in particular, with their final stages – the summing up of voting results in elections (referendums) and the publication of election results (referendums)."
The objective side of the failure of the chairman of the precinct election commission to provide information about the voting results to the candidate's proxy, a representative of the mass media, or an observer is expressed in inaction.
On the subjective side, the offenses provided for in parts 1-4 of the commented article can be characterized as intentional or negligent.
The special subject of this administrative offense is the chairman of the precinct election commission. Members of election commissions, including the chairman of the precinct election commission, are representatives of government agencies and are protected by the State. The Chairman of the election commission represents the interests of the commission in court and other state bodies, and also has the right to delegate the authority to represent the interests of the election commission to other persons by issuing a corresponding power of attorney.
Part 3. The objective side of the offense provided for in part three of Article 119 consists of the acts specified in part one, but committed by the chairman of the territorial election commission, as well as his violation of the deadlines for publication or incomplete publication of information on the results of voting in elections (republican referendum) established by electoral legislation (legislation on the republican referendum).
The subject of the offense is a special one, the chairman of the territorial election commission. Members of election commissions, including the chairman of the territorial election commission, are representatives of state bodies and are protected by the State. The Chairman of the election commission represents the interests of the commission in court and other state bodies, and also has the right to delegate the authority to represent the interests of the election commission to other persons by issuing a corresponding power of attorney.
Part 4. The objective side of the offense provided for in Part 4 of the commented article consists of the acts provided for in parts one and three of art. 119.
The special subject of the offense is the Chairman of the Central Election Commission of the Republic of Kazakhstan. Members of election commissions, including the Chairman of the Central Election Commission of the Republic of Kazakhstan, are representatives of government agencies and are protected by the State. The Chairman of the Central Election Commission of the Republic of Kazakhstan represents the interests of the commission in court and other state bodies, and also has the right to delegate the authority to represent the interests of the election commission to other persons by issuing a corresponding power of attorney. In accordance with the Register of positions of Political and Administrative Civil Servants approved by Decree of the President of the Republic of Kazakhstan dated December 29, 2015 No. 150, the position of Chairman of the Central Election Commission of the Republic of Kazakhstan refers to a political public position.
In accordance with Part 1 of Article 805 of the Administrative Code, administrative offenses provided for in Article 119 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 118 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 119 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
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