The responsibility for infringement of the legislation of the Republic of Kazakhstan on elections

1. The person shall bear the statutory criminal responsibility in case of:

1) interference in the work of the election commissions;

2) obstruction of vote;

3) obstruction of exercising the duties related to registration of the candidate or party lists;

4) obstruction of exercising the duties related to the vote count and determination of the election results;

5) use of advantage of his/her professional or official position with the purpose of electing a certain candidate or a political party;

6) forgery of election documents;

7) deliberately wrong vote count;

8) deliberately wrong determination of the election results;

9) violation of the secrecy of the ballot;

10) obstructing the free exercise of electoral rights of the citizen of the Republic by means of violence, fraud, threats and bribery.

2. The person shall bear the administrative and other responsibility stipulated by the laws of the Republic of Kazakhstan in case of:

1) non-submission or non-publication of the data according to the requirements of this Constitutional Act;

2) non-implementation of a decision of the election commission accepted within its competence;

3) conduct of the pre-election campaign before the registration of a candidate and the party list nominated by the political party, on the Election Day or on the day preceding the elections;

4) obstruction of the right to conduct a pre-election campaign;

5) distribution of deliberately false information about the candidates, political parties or commitment of other actions discrediting their honor and dignity;

6) violation of the rights of the election commissions’ members;

7) violation of the rights of the citizens to be familiarized with the voter registers;

8) submission of incorrect data about voters for compilation of voter registers;

9) issue to the citizens the ballot papers with the purpose of voting instead of other persons;

10) failure to provide a leave in order to take part in voting;

11) breach of conditions for conduct of pre-election campaign in mass media;

12) publication or distribution of anonymous campaign materials;

13) intentional destruction or damage of campaign materials;

14) rendering a financial (material) support to the candidates, political parties nominated their party lists in addition to their campaign funds;

15) acceptance of donations from foreign states, organizations, citizens and stateless persons in order to elect a candidate;

16) breach of conditions for conduct of the poll connected to elections;

17) obstruction of the legal activities of the proxies of candidates, political parties, media representatives and observers at elections.

3. At detection of infringements of this Constitutional Act the election commission shall be eligible to appeal to the court or the public prosecutor's office.

4. In case of infringement by a candidate, political party of the requirements of this Constitutional Act except those, which are the subject to denial or cancellation of registration of the candidate, they shall be warned, while the repeated infringement shall lead to cancellation of the decision to register the candidate, the party list by the corresponding election commission.