Comment to article 109. Carrying out activities by foreigners, stateless persons, foreign legal entities and international organizations that hinder and (or) facilitate the nomination and election of candidates, political parties that have nominated a party list, and achieving a certain result in elections The Code of the Republic of Kazakhstan on Administrative Offences
Carrying out activities by foreigners, stateless persons, foreign legal entities and international organizations that hinder and (or) facilitate the nomination and election of candidates, political parties that have nominated a party list, and achieving a certain result in elections, –
entails a fine for individuals in the amount of thirty monthly calculation indices with or without administrative expulsion from the Republic of Kazakhstan, for legal entities – in the amount of one thousand monthly calculation indices.
Paragraphs 1 and 2 of article 3 of the Constitution stipulate that the only source of State power is the people. The people exercise power directly through a republican referendum and free elections, and delegate the exercise of their power to government agencies.
Carrying out activities by foreigners, stateless persons, foreign legal entities and international organizations that hinder and (or) facilitate the nomination and election of candidates, political parties that have nominated a party list, and achieving a certain result in elections directly violates the sovereignty of the state.
The special literature notes that the sovereignty of the state is expressed in the supremacy of state power, its unity, independence and independence. The sovereignty of the State extends to all its internal and external affairs, and spatially to the entire territory of the State.
The supremacy of the will of the people is expressed in the fact that the people, through the adoption of the Constitution and through other legal acts, determine the entire system of constitutional relations, establish the forms of the state, form state authorities and local governments, and control their activities.
Interference in the management of State affairs by foreigners, stateless persons, foreign and international organizations would mean a violation of the sovereignty of the Republic of Kazakhstan.
In accordance with Article 2 of the Law of the Republic of Kazakhstan dated June 19, 1995 No. 2337 "On the legal status of foreigners", foreigners in the Republic of Kazakhstan are persons who are not citizens of the Republic of Kazakhstan and have proof of their citizenship of another state. Persons who are not citizens of the Republic of Kazakhstan and do not have proof of their citizenship of another State are recognized as stateless persons.
According to paragraph 3 of Article 3 of the Law of the Republic of Kazakhstan "On the Legal Status of Foreigners", "the use of their rights and freedoms by foreigners should not prejudice the interests of the Republic of Kazakhstan, the rights and legitimate interests of its citizens and other persons and is inseparable from their performance of duties established by the legislation of the Republic of Kazakhstan."
Foreigners in the Republic of Kazakhstan cannot elect and be elected to representative and other elected state bodies and positions, as well as participate in national referendums (Article 19 of the Law of the Republic of Kazakhstan "On the Legal Status of Foreigners").
Article 29 of the Law of the Republic of Kazakhstan "On the Legal Status of Foreigners" stipulates that "the provisions of this Law apply to stateless persons, unless otherwise established by legislative acts of the Republic of Kazakhstan."
According to the official data of the Ministry of Foreign Affairs, the Republic of Kazakhstan is a member of more than 70 international and regional organizations, funds, programs and agencies: the United Nations (UN), the International Atomic Energy Agency (IAEA), the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO), the International Bank for Reconstruction and Development (IBRD), The World Trade Organization (WTO) (observer status), the Global Environment Facility (GEF), the United Nations Educational, Scientific and Cultural Organization (UNESCO), Food and Agriculture Organization of the United Nations (FAO), World Health Organization (WHO), World Intellectual Property Organization (WIPO), International Telecommunication Union (ITU), World Meteorological Organization (WMO), World Tourism Organization (UNWTO), Universal Postal Union (UPU), International Maritime Organization (IMO), International Civil Aviation Organization (ICAO), International Epizootic Bureau (OIE), International Organization for Standardization, International Organization for Migration (MOM), International Finance Corporation (IFC), United Nations Industrial Development Organization (UNIDO), United Nations Economic Commission for Europe (ECE), United Nations Economic and Social Commission for Asia and the Pacific (ESCAP), United Nations Conference on Trade and Development (UNCTAD), International Police (INTERPOL), World Food Programme (WFP United Nations Development Programme (UNDP), United Nations Environment Programme (UNEP), United Nations Children's Fund (UNICEF), International Fund for Agricultural Development (IFAD), Inter-Parliamentary Union, The Global Fund to Fight AIDS, Tuberculosis and Malaria, the World Wildlife Fund (WWF), the United Nations Population Fund (UNFPA), the Non-Aligned Movement (as an observer), the International Development Association (IDA), the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies, the International Renewable Energy Agency (IRENA), International Bureau of Exhibitions, Multilateral Investment Guarantee Agency (MIGA), United Nations AIDS Programme (UN/AIDS), United Nations Human Settlements Programme (UN-Habitat), International Trade Center (ITC), Organization for the Prohibition of Chemical Weapons (OPCW), International Civil Defense Organization (IHO), International Organization for Legal Metrology, Organization for Railway Cooperation (OSJD), International Science and Technology Center (ISTC), The International Olympic Committee, the European Bank for Reconstruction and Development (EBRD), the Asian Development Bank (ADB), the Islamic Development Bank (IDB/IOB), the Organization for Security and Co-operation in Europe (OSCE), The Organization of Islamic Cooperation (OIC), the Conference on Interaction and Confidence-building Measures in Asia (CICA), the Economic Cooperation Organization (ECO), the Shanghai Cooperation Organization (SCO), the United Nations Regional Center for Peace and Disarmament in the Asia-Pacific Region, the Central Asian Regional Information Coordination Center for Combating Illicit Drug Trafficking, Psychotropic Substances and Their Precursors (CARICC), Central Asian Management Development Fund, Asian Disaster Reduction Center (ADRC), The Association of Election Organizers in Central and Eastern Europe (ASEEEO), the Group of States against Corruption (GRECO), the International Association for the Development of Cooperation with Scientists of the Newly Independent States (INTAS), the International Social Security Association (ISSA), the International Commission on Irrigation and Drainage (ICID), the International Electrotechnical Commission (IEC), the International Council on Legislation in the Field of Environmental Protection, the Regional Association of Energy Regulators of Central, Eastern Europe and Eurasia (ERRA), The International Statistical Institute (ISI), the International Union of Army Sports.
Thus, the general object of the commented composition of an administrative offense is the established procedure for holding elections in the Republic of Kazakhstan. The generic object of this offense is the social and legal relations that arise during the procedure for nominating and electing candidates and political parties that have nominated a party list.
The objective side is expressed in actions that:
- hinder and (or) facilitate the nomination and election of candidates, political parties that have put forward a party list,
- they hinder and (or) contribute to achieving a certain result in the elections.
The subjective side is expressed in the fact that this offense is committed intentionally.
The subject of a special administrative offense is a foreign citizen, a stateless person, a foreign legal entity, and an international organization.
In addition to a fine, administrative expulsion from the Republic of Kazakhstan may be applied to foreigners and stateless persons.
Paragraph 3 of Part 2 of Articles 829-14 of the Administrative Code states that "a court decision on the expulsion of a foreigner or stateless person from the Republic of Kazakhstan comes into force from the date of its issuance and serves as the basis for the expulsion of a foreigner or stateless person from the Republic of Kazakhstan. It also specifies the period during which a foreigner or a stateless person must leave the territory of the Republic of Kazakhstan."
According to paragraph 4) of Article 883 of the Administrative Code, the decision on the case of an administrative offense comes into force after the announcement of the decision on the expulsion of a foreigner or stateless person from the Republic of Kazakhstan.
Paragraph 28 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated April 20, 2018 No. 5 "On the court's decision in the case of an administrative offense" clarifies that "if the expulsion is imposed as an additional penalty to the main measure of punishment, the court's decision comes into force after the expiration of the time limit set for appealing the decision on the case." an administrative offense, if it has not been appealed or an appeal has not been filed."
In accordance with Part 1 of Article 805 of the Administrative Code, administrative offenses provided for in Article 109 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 109 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 109 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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