Commentary to the article Article 104. Dissemination of deliberately false information about candidates, political parties  The Code of the Republic of Kazakhstan on Administrative Offences  

      Spreading deliberately false information about candidates, political parties, or committing other acts discrediting their honor, dignity, and business reputation in order to influence the outcome of elections –

     entails a fine for individuals in the amount of twenty, for officials, small business entities or non–profit organizations – in the amount of thirty, for medium-sized businesses - in the amount of forty, for large businesses – in the amount of fifty monthly calculation indices.

     Paragraph 1 of Article 10 of the Convention on Standards of Democratic Elections, Electoral Rights and Freedoms in the Member States of the Commonwealth of Independent States (Chisinau, October 7, 2002) states that "observance of the principle of fair elections should ensure the creation of equal legal conditions for all participants in the electoral process".  

     The dissemination of false information about candidates, political parties, and other actions discrediting their honor, dignity, and business reputation create unequal opportunities for candidates and political parties participating in the electoral process.  

     The object of the offense, the responsibility for which is provided for in the commented article, is public relations related to the right of citizens to elect and be elected to public authorities and local governments. In particular, this article is intended to protect a candidate for an elected position, as well as to prevent illegal methods of influencing the outcome of elections.

     Article 50 (5) (2) of the Constitutional Law of the Republic of Kazakhstan "On Elections in the Republic of Kazakhstan" stipulates that a person bears administrative and other responsibility established by the laws of the Republic of Kazakhstan in the event of "spreading deliberately false information about candidates, political parties or committing other actions discrediting their honor and dignity.".  

     The objective side of the offense is expressed in actions aimed at spreading false information about candidates, political parties, or committing other actions discrediting their honor, dignity, and business reputation.  

     The subjective side is expressed in intent, when the guilty person commits this act in advance, knowing about the falsity of the information disseminated by him.  

     When qualifying under this article, it is necessary to establish the motive for committing an offense, since the dissemination of deliberately false information should be aimed at influencing the outcome of the election. In other words, a person who wants to influence the will of citizens in the elections purposefully defames the honor, dignity and business reputation of candidates and political parties, spreading deliberately false information about them.  

     For example, citizen B., in order to influence the outcome of the elections, printed and printed a leaflet in which he indicated that citizen K., who was running for the post of deputy of the Maslikhat, had the citizenship of a foreign state, and in the 80s he was convicted of banditry, as well as "protection" in the prosecutor's office. B. distributed these leaflets among citizens, knowing full well that the information contained in the leaflets was not reliable and discredited the business reputation of the candidate for deputy, citizen K.  

     Another example. Citizen Zh., in order to influence the outcome of the election during the election campaign, entered the apartments of citizens on Elizarova Street in the city of N. and she reported false information that the political party S. She fixed in her program document the nationalization of all private firms and enterprises after coming to power. Citizen Zh. she was aware of the unreliability of the information disseminated about the political party.  

     When qualifying for this article, it must be borne in mind that the information disseminated must be truly false. By itself, the dissemination of reliable information about a candidate or a political party, although discrediting their honor, dignity and business reputation, cannot be a basis for qualification under Article 104 of the Administrative Code.  

     Thus, during the election campaign, citizen N. stated that he was a member of the S. party. In Soviet times, as a prosecutor, he supported the state prosecution under articles of the Soviet Criminal Code, which are currently decriminalized. This information is about a member of the S. party. it was reliable. Therefore, bringing to administrative responsibility under Article 104 of the Administrative Code is excluded.

     The commission of other actions discrediting their honor, dignity and business reputation of candidates or a political party may be expressed in offensive shouts during the election campaign, unethical behavior. In this case, it is important to establish the line between minor hooliganism and the act provided for in art. 104 of the Administrative Code. To be prosecuted under Article 104 of the Administrative Code for such actions, it is necessary to clearly establish the motive for such behavior – this is the influence on the outcome of elections.

     The subject of the offense is common – both individuals and legal entities.  

     In accordance with Part 1 of Article 805 of the Administrative Code, administrative offenses provided for in Article 104 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 104 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 104 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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