Comment to Article 174. Bribery of participants and organizers of professional sports competitions and spectacular commercial contests of the Code of the Republic of Kazakhstan On Administrative Offenses
1. Bribery of athletes, sports referees, coaches, team leaders and other participants or organizers of professional sports competitions, as well as organizers or jury members of spectacular commercial contests in order to influence the results of these competitions or contests -
entails a fine in the amount of two hundred monthly calculation indices.
2. The action provided for in the first part of this article, committed repeatedly within a year after the imposition of an administrative penalty, -
entails a fine in the amount of two hundred monthly calculation indices or administrative arrest for up to fifteen days.
3. Illegal receipt by athletes of money, securities or other property transferred to them in order to influence the results of competitions, as well as illegal use by athletes of property services provided to them for the same purposes, -
they entail a fine in the amount of two hundred monthly calculation indices.
4. Illegal receipt of money, securities or other property, illegal use of property-related services by sports judges, coaches, team leaders and other participants or organizers of professional sports competitions, as well as organizers or jury members of spectacular commercial contests for the purposes specified in part three of this article, -
they entail a fine in the amount of two hundred monthly calculation indices.
The commented article establishes administrative responsibility for bribing participants and organizers of professional sports competitions and spectacular commercial contests.
The generic object of offenses provided for in Article 174 of the Administrative Code is the procedure established in the legislation of the Republic of Kazakhstan and protected by the state for conducting business in the Republic of Kazakhstan.
The direct object of the offenses provided for in Article 174 of the Administrative Code is the procedure established by the legislation of the Republic of Kazakhstan and protected by the state for organizing and conducting professional sports competitions and spectacular commercial contests.
The subjects of the offenses provided for in the commented article are individuals and legal entities who have bribed participants and organizers of professional sports competitions and entertainment commercial contests, as well as the participants and organizers of these competitions and events themselves, who received money, other property or property benefits as a result of bribery.
The subjective side of an administrative offense under Article 174 of the Administrative Code is characterized by the guilt of individuals in the form of intent or negligence. The guilt of a person is revealed by his mental attitude towards the illegal acts committed by him and their harmful consequences.
The subjective side of offenses, the subjects of which are legal entities, is not subject to determination due to the existence of a legal requirement to establish guilt as a condition for bringing to administrative responsibility, only in relation to individuals. According to the legislation of the Republic of Kazakhstan on administrative responsibility, legal entities are administratively liable for the mere fact that they have committed an illegal act or omission, for which administrative liability is provided for in the Administrative Code, without taking into account the guilt of the officials of the legal entity who committed this act.
The structures of administrative offenses provided for in the commented article are formal. In order to bring a person to administrative responsibility under the commented article, it is not necessary to establish the fact that the offender caused material damage.
At the same time, if material damage is caused by illegal actions of the offender to a business entity, such damage may be claimed by the person concerned, whose rights and interests have been violated, for full compensation, since bringing the offender to administrative responsibility under the commented article does not exempt him from eliminating the violations and compensating for the damage caused.
Part 1 of the commented article establishes administrative liability for bribing athletes, sports referees, coaches, team leaders and other participants or organizers of professional sports competitions, as well as organizers or jury members of spectacular commercial contests in order to influence the results of these competitions or contests.
The subjects of the administrative offense provided for in Part 1 of the commented article are persons who have bribed sports referees, coaches, team leaders and other participants or organizers of professional sports competitions, as well as organizers or jury members of spectacular commercial contests.
The objective side of the offense provided for in Part 1 of the article being commented on is characterized by the offender committing illegal actions that resulted in the bribery of sports referees, coaches, team leaders and other participants or organizers of professional sports competitions, as well as organizers or jury members of spectacular commercial contests.
The method of committing an offense provided for in Part 1 of the commented article is the illegal transfer of money, securities or other property by the offender, the illegal provision of property-related services.
The motive for committing the offense provided for in Part 1 of the commented article is that the offender, through direct participants, performers and organizers of competitions and contests on which the results of competitions and contests depend, unlawfully influences the results of upcoming professional sports competitions and spectacular commercial contests in his own interests.
For committing an administrative offense provided for in Part 1 of the commented article, the offender is subject to administrative punishment in the form of a fine, the amount of which is 200 MCI, is fixed and is not subject to change by the body imposing it.
The case of an administrative offense under Part 1 of the commented article is being considered and an administrative penalty is imposed on the offender by the state revenue authority or the court, if the case is considered in court.
Part 2 of the commented article establishes a more severe penalty for repeated commission of any of the actions provided for in Part 1 of the commented article within a year after the imposition of an administrative penalty.
At the same time, the object, the subjective side and the subjects of the offense provided for in Part 2 of the commented article coincide in their characteristics with the object, the subjective side and the subjects of the offense provided for in Part 1 of Article 174 of the Administrative Code.
In the description of the objective side of the offense provided for in Part 2 of Article 174 of the Administrative Code, a sign of repetition is added to any of the acts provided for in Part 1 of the commented article.
An offense is considered to have been committed repeatedly if a person has previously committed any of the acts provided for in Part 1 of Article 174 of the Administrative Code, has been subjected to administrative punishment for it, and the one-year period during which the person is considered to have been subjected to administrative punishment has not expired yet.
The repetition of an offense is an independent qualifying feature, entailing the qualification of an unlawful act as an independent element of an offense under Part 2 of Article 174 of the Administrative Code.
Repetition as a qualifying feature is established not only in fact by identifying the number and nature of the unlawful acts committed by the violator during the year, but also legally by establishing the fact of bringing this person to administrative responsibility for the commission of an offense provided for in Part 1 of Article 174 of the Administrative Code, the existence of an effective and unenforceable decree of an authorized state body or court on the imposition of administrative penalty under part 1 of art . 174 of the Administrative Code, the fact of its announcement, delivery or referral to the offender and the expiration of a one-year period from the date of imposition of the penalty.
If a person has committed an illegal act repeatedly or continues to commit it after the start of the commission and until it is revealed, but until that moment he has not previously been brought to administrative responsibility under Part 1 of Article 174 of the Administrative Code, then bringing him to responsibility under Part 2 of Article 174 of the Administrative Code is impossible, since there is no qualifying sign of repetition. In this case, the person must be brought to administrative responsibility and punished under Part 1 of art. 174 of the Administrative Code, even if there are signs of repeated violations during the year and the uniformity of violations committed.
For repeated commission of an offense under Part 1 of Article 174 of the Administrative Code within a year after the imposition of the penalty, the offender is punished with a fine of 200 MCI or administrative arrest for up to fifteen days.
The amount of the fine is fixed and is not subject to change by the body imposing it.
As an alternative to an administrative fine for the commission of an offense provided for in Part 2 of the commented article, its sanction provides for the administrative arrest of the offender for up to 15 days. The choice of punishment and the determination of the term of administrative arrest, if chosen, is at the discretion of the court, depending on the circumstances of the case under consideration.
An administrative penalty under Part 2 of the commented article is imposed on the offender only by the court, since the case of an administrative offense, for which the law provides for a sanction in the form of administrative arrest, must be considered in court.
Part 3 of the commented article establishes administrative liability for the illegal receipt by athletes of money, securities or other property transferred to them in order to influence the results of competitions, as well as the illegal use by athletes of property services provided to them for the same purposes.
The subjects of the administrative offense provided for in Part 3 of the commented article are athletes who directly participate in upcoming professional sports competitions and on whom the results of these competitions depend.
Participants (performers) of spectacular commercial contests are not the subjects of an offense under Part 3 of the commented article. Also, other organizers and participants of sports competitions and commercial contests are not the subjects of an offense under Part 3 of the commented article. For such persons, administrative liability in case of illegal receipt of money or other property by them in order to influence the results of competitions or contests is provided for in Part 4 of the commented article.
The objective side of the offense provided for in Part 3 of the commented article is characterized by the offender committing illegal actions in the form of illegally receiving money, securities or other property, illegally using property-related services in order to influence the results of competitions. At the same time, the essential signs of the objective side of the offense are that the competition must be upcoming, and the impact on its results must be immediate as an athlete participating in the competition.
It is not an offense under Part 3 of the commented article for an athlete to receive a reward for winning a competition as an expected, but unpredictable result that does not depend significantly on the athlete who received the reward.
For committing an administrative offense provided for in Part 3 of the commented article, the offender is subject to administrative punishment in the form of a fine.
The amount of the fine for committing an offense under Part 3 of Article 174 of the Administrative Code is 200 MCI, is fixed and is not subject to change by the body imposing it.
The case of an administrative offense under Part 3 of the commented article is being considered and an administrative penalty is imposed on the offender by the state revenue authority or the court, if the case is considered in court.
Part 4 of the commented article establishes administrative liability for the illegal receipt of money, securities or other property, the illegal use of property-related services by sports judges, coaches, team leaders and other participants or organizers of professional sports competitions, as well as organizers or jury members of spectacular commercial contests in order to influence the results of competitions or contests.
The subjects of the administrative offense provided for in Part 4 of the commented article are sports judges, coaches, team leaders and other participants or organizers of professional sports competitions, as well as organizers or members of the jury of entertainment commercial competitions.
Athletes whose administrative responsibility for illegally receiving money or other property is established in Part 3 of the commented article are not the subjects of an offense under Part 4 of the commented article.
The objective side of the offense provided for in Part 4 of the commented article is characterized by the offender committing illegal actions in the form of illegally receiving money, securities or other property, illegally using property-related services in order to influence the results of competitions and contests.
For committing an administrative offense provided for in Part 4 of the commented article, the offender is subject to administrative punishment in the form of a fine.
The amount of the fine for committing an offense under Part 4 of Article 174 of the Administrative Code is 200 MCI, is fixed and is not subject to change by the body imposing it.
The case of an administrative offense under Part 4 of the commented article is being considered and an administrative penalty is imposed on the offender by the state revenue authority or the court, if the case is considered in court.
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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