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Commentary to article 110. Issuance of ballot papers (ballots) to citizens in order to provide them with the opportunity to vote for other persons The Code of the Republic of Kazakhstan on Administrative Offences
Issuance by a member of the election commission (republican referendum commission) to citizens of ballots (ballots for voting) in order to provide them with the opportunity to vote for other persons –
entails a fine in the amount of twenty-five monthly calculation indices.
In paragraph a) paragraph 1 of art. 3 of the Convention on Standards of Democratic Elections, Electoral Rights and Freedoms in the Member States of the Commonwealth of Independent States, signed in Chisinau on October 7, 2002, ratified by the Law of the Republic of Kazakhstan dated June 7, 2007 No. 260, states that respect for the principle of equal suffrage means the following: "every citizen has one vote or an equal number of votes with other citizens and has the right to exercise his right to vote on an equal basis with other citizens, and his vote (votes) has the same weight as the votes of other voters., At the same time, the weight of a voter's vote(s) should not be affected by the electoral system used in the state."
In accordance with clause 9), 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 laws of the Republic of Kazakhstan in the event of "issuing ballots to citizens for the purpose of voting for other persons".
In paragraph 2 of Article 5 of the Constitutional Law "On the Republican Referendum", "citizens participate in the referendum on equal grounds and each of them has one vote or an equal number of votes, respectively."
According to Article 41 of the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan", each voter (elector) votes personally. The transfer of voting rights, as well as voting for other persons, is not allowed in elections.
Voting ballots must be issued to voters (electors) on the basis of voter lists (lists of electors) upon presentation of an identity document of the voter (elector). The voters (electors) sign the list to receive the ballots.
The member of the commission who issued the ballot(s) shall put his signature on them and also sign the list against the name of the voter (elector) who received the ballot(s). The Chairman and the secretary of the election commission are not entitled to issue ballots.
In the event that individual voters are unable to come to vote for health reasons, due to caring for a sick family member, as well as those located in remote and hard-to-reach areas where polling stations have not been established, the precinct election commission at their written request, which can be submitted no later than twelve o'clock local time on election day., must organize a vote at the place of residence of these voters.
Upon receipt of the application specified in this paragraph, the chairman of the election commission shall make a corresponding mark in the list of voters against the name of the voter who submitted the application. When organizing voting outside the polling station, the portable ballot box is accompanied by two members of the election commission.
The members of the precinct election commission are required to inform observers, proxies and representatives of the mass media about the voting of voters outside the polling station.
When members of the election commission leave to organize voting outside the polling station, they may be accompanied by observers or authorized representatives. When organizing voting outside the polling station, members of the election commission must be provided with the necessary number of ballots, taking into account their possible damage.
When voting outside the polling station, the ballot(s) are issued to voters upon presentation of the voter's identity document on the basis of an application for voting outside the polling station, which they sign in the application.
The member of the commission who issued the ballot(s) shall put his signature on it, as well as sign the application for voting outside the voting premises. If a voter changes his place of residence between the submission of the voter lists for public inspection and election day, the precinct election commission, at the request of the voter and upon presentation of an identity document, issues an absentee ballot to the voter.
At the same time, a corresponding mark is made in the list of voters. Upon presentation of an absentee voting certificate, the precinct election commission on the day of voting includes the voter in the list of voters at the polling station at his place of residence.
An absentee ballot is not issued to voters who wish to vote in another electoral district or at another polling station within the same locality. The issuance of absentee ballots stops at eighteen o'clock local time on the day preceding the voting day.
The organization and conduct of voting in accordance with paragraph 6 of this Article must exclude the possibility of violation of the electoral rights of a citizen, violation of the secrecy of voting or distortion of the will of the voter.
By Resolution No. 11/192 of the Central Election Commission of the Republic of Kazakhstan dated August 23, 2018, the forms of ballots for voting on the elections of the President, deputies of the Mazhilis of Parliament, deputies of maslikhats of the Republic of Kazakhstan were approved.
Y.A. Rosenbaum notes that "the object of the offense, the responsibility for which is provided by the commented article, is public relations related to the electoral rights of citizens, the right to participate in a referendum and, in particular, with the established procedure for voting in elections and referendums."
The objective side of the offense is expressed in violations of the procedure for issuing ballots by a member of the election commission (referendum commission). The violation is expressed in an illegal act in which one of the voters is given ballots for the opportunity to vote for other persons (family members, neighbors).
In fact, the principles of electoral law – equal and direct voting - are being violated. Each voter must participate directly in the voting, only in this case it will be direct and equal (everyone has one vote).
The subject of a special administrative offense is a member of the election commission (republican referendum commission).
The subjective side is expressed in direct intent. An important point is to establish the motive for committing an administrative offense – this is the purpose of providing a citizen with the opportunity to vote for others.
In accordance with Part 1 of Article 805 of the Administrative Code, administrative offenses provided for in Article 110 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 110 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 110 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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