Commentary to article 125. Violation of the procedure for spending funds allocated from the republican budget for election campaigning  The Code of the Republic of Kazakhstan on Administrative Offences  

     Inappropriate spending by candidates for deputies or for another elected position of funds allocated from the republican budget for election campaigning, –

     entails a fine in the amount of five monthly calculation indices.

     The general object of the offense being commented on is the established procedure for spending funds allocated from the republican budget for election campaigning. The generic object is the legal relations that arise when observing the procedure for spending funds allocated from the republican budget for election campaigning by candidates for deputies or for another elected position.

     Paragraph 2 of Article 33 of the Constitutional Law "On Elections in the Republic of Kazakhstan" states that the republican budget covers 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 electoral system;  

     2) statements by candidates, except for candidates running on party lists, in the mass media in accordance with paragraph 3 of Article 28 of the Constitutional Law;  

     3) conducting public pre-election events for candidates and releasing campaign materials for candidates, except for candidates running on party lists, in accordance with 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.

     In accordance with paragraph 16 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, "a candidate for President of the Republic of Kazakhstan, deputies of the Senate of the Parliament, akims, and a political party that has nominated a party list shall pay expenses from their election funds:

     1) to speak in any registered mass media;

     2) to organize and conduct public pre-election events (pre-election meetings and meetings with voters, public pre-election debates and discussions, rallies, marches, demonstrations and other pre-election events), personal meetings of candidates for President of the Republic of Kazakhstan, deputies of the Senate of Parliament, maslikhats and their proxies, akims, candidates included in party lists, proxies of the political parties that have put forward party lists, with voters;

     3) for the production and (or) distribution of printed, audiovisual and other campaign materials;

     4) to pay for the services of legal entities and individuals in organizing campaigning work;

     5) to cover the transportation and travel expenses of candidates for President of the Republic of Kazakhstan, deputies of the Senate of the Parliament and their proxies, akims, candidates included in party lists, proxies of political parties that have put forward party lists related to election campaigning;

     6) to produce printed, including illustrative materials, as well as badges, flags, flags and other signs and symbols specially made for the election campaign for free distribution."

     It should also be borne in mind that, according to paragraph 5 of the above Rules, election campaigning in the mass media is recognized as the activity of broadcasting media materials containing:

     1) calls to vote for or against a candidate for President, deputies of the Senate, a political party that has put forward party lists of candidates for deputies of the Mazhilis, Maslikhat, as well as a candidate for members of other local governments;

     2) preference in relation to any of the candidates for President, deputies of the Senate, a political party that has put forward party lists of candidates for deputies of the Mazhilis, Maslikhat, as well as a candidate for members of other local governments, for whom the voter will vote;

     3) a description of the possible consequences of the election or non-election of candidates for President, deputies of the Senate, a political party that has put forward party lists of candidates for deputies of the Mazhilis, Maslikhat, as well as a candidate for members of other local governments;

     4) clearly prevailing information about any candidate for President, deputies of the Senate, a political party that has put forward party lists of candidates for deputies of the Mazhilis, Maslikhat, as well as a candidate for members of other local governments with positive or negative arguments.

     Paragraphs 21-23 of the Rules state that information on the amount of payment, conditions and procedure for the provision of air and print space must be announced and published by the relevant media no later than five days before the start of the election campaign, as well as submitted to the Central Election Commission for the election of the President and members of Parliament, and other territorial election commissions. – during the elections of deputies of maslikhats and members of other local self-government bodies.

     All media publications containing pre-election campaigning of candidates for President, deputies of the Senate, political parties that have nominated party lists of candidates for deputies of the Mazhilis, Maslikhat, as well as candidates for members of other local governments must contain information about sources of funding. The method of informing is determined by the editorial office of the media itself.

     The cost of the issue (airing) The campaign materials of candidates for President, deputies of the Senate, political parties that have nominated party lists of candidates for deputies of the Mazhilis, Maslikhat, as well as candidates for members of other local governments are paid from the election fund of candidates or a political party.

     The release (airing) is not allowed campaign materials, the cost of which was paid for at the expense of funds other than the candidate's or political party's election fund.

     Thus, the objective side of the offense is expressed in actions aimed at misuse of funds allocated from the republican budget for election campaigning.  

     The subject of the offense is special - candidates for deputies or for another elected position.  

     The subjective side is expressed in intent, less often, an offense can be committed by negligence.  

     In accordance with Part 1 of Article 805 of the Administrative Code, administrative offenses provided for in Article 125 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 125 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 125 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  

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