Commentary to article 150. Advertising the activities of the financial (investment) pyramid  The Code of the Republic of Kazakhstan on Administrative Offences  

     Production, distribution and placement of advertisements for financial (investment) pyramid activities –  

     entail a fine on individuals in the amount of one hundred fifty, on officials – in the amount of one hundred seventy, on small businesses or non–profit organizations – in the amount of two hundred, on medium–sized businesses - in the amount of three hundred, on large businesses - in the amount of six hundred monthly calculation indices, with the suspension of the release (airing) mass media for up to three months.  

     The public danger of an administrative offense under Article 150 of the Administrative Code is a threat to the current economic system of the state.  

     The object of the offense is public relations in the field of property law. An additional object is relations in the field of protection of citizens' rights and property interests.  

     Public relations in the field of advertising are regulated by the Law of the Republic of Kazakhstan dated July 23, 1999 "On Mass Media" and the Law of the Republic of Kazakhstan dated December 19, 2003 "On Advertising".  

     By the Law of the Republic of Kazakhstan dated January 17, 2014. "On amendments and additions to certain legislative acts of the Republic of Kazakhstan on countering the activities of financial (investment) pyramids" provides the following definition of a financial (investment) pyramid - the activity of extracting income (property benefits) from attracting money or other property or the rights to it of individuals and (or) legal entities without using the funds raised for entrepreneurial activities that ensure the obligations assumed by redistributing these assets and enriching some participants at the expense of contributions from others.

     In accordance with Article 217 of the Criminal Code "Creation and management of a financial (investment) pyramid", such activities are prohibited on the territory of the Republic of Kazakhstan and entail criminal liability.  

     In accordance with paragraph 6 of Part 1 of Article 13 of the Law "On Advertising" and paragraphs 3-3 of Part 3 of Article 14 of the Law "On Mass Media", advertising of financial (investment) pyramid activities is prohibited in the territory of the Republic of Kazakhstan.  

     Violation of the advertising procedure entails administrative liability.  

     The objective side of the analyzed administrative offense is characterized by actions and is expressed as:  

     - the production of advertising for the activities of a financial (investment) pyramid is expressed in an action, the purpose of which is to obtain a product to advertise such activities (preparation of commercials, flyers, booklets, etc.);

     - the distribution of advertising of the activities of the financial (investment) pyramid is expressed in such actions as the publication or display of information containing promotional materials about the activities of the financial (investment) pyramid;  

     - advertising of financial (investment) pyramid activities is expressed in the dissemination, placement in any form by any means of information intended for an indefinite circle of people and designed to generate or maintain interest in the activities of the financial (investment) pyramid.  

     This offense is considered completed from the moment of committing actions to violate the rules of protection, conditions of detention, illegal movement and modification, identification, as well as carrying out work that may endanger the existence of objects of historical and cultural heritage.  

     The subjects of the offense may be individuals who have reached the age of 16, as well as legal entities.  

     The subjective side of this offense is characterized by an intentional form of guilt, i.e. the guilty person is aware of the illegality of his actions, anticipates its harmful consequences and desires their occurrence.  

     In accordance with Parts 1, paragraphs 1 and 31 of Article 804 of the Administrative Code, protocols on administrative offenses under Article 150 of the Administrative Code may be drawn up by authorized officials of internal affairs bodies and state revenue bodies.

     According to Part 1 of Article 684 of the Administrative Code, judges of specialized district and equivalent administrative courts have the right to consider cases of an administrative offense under Article 150 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  

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases