Appeal of the Chief Transport Prosecutor T.К.Suleimenov in accordance with Article 31 of the Law "On Prosecutor's оffice"

Appeal of the Chief Transport Prosecutor T.К.Suleimenov in accordance with Article 31 of the Law "On Prosecutor's оffice"

In accordance with article 83 of the Constitution, the Prosecutor's Office, on behalf of the State, exercises, within the limits and forms established by law, the highest supervision over the observance of legality and represents the interests of the State in court and carries out criminal prosecution on behalf of the State.
The Prosecutor's Office also ensures the performance of these functions during the election process.
On October 21 of this year (from 18:00), the election campaign has been launched (ends at 00:00 on November 19 of this year).
The procedure for its conduct is regulated in detail by the Constitutional Law "On Elections in the Republic of Kazakhstan".
Failure to comply with the established norms entails liability.
The Code of Administrative Offences provides for 9 articles for violations of the order and conditions of election campaigning.
The subjects of such offenses, along with citizens, officials, are business entities. The sanctions of the articles provide for a fine of 10 to 50 monthly calculation indices (from 30 to 153 thousand tenge).
The initiation of cases on these and other administrative offenses infringing on electoral rights (Articles 101-126 of the Administrative Code) belongs to the exclusive competence of the prosecutor (Article 805 of the Administrative Code). Cases are considered by the court.
But citizens, in case of violation of their electoral right, can independently apply directly to the court (paragraph 4 of part 1 of Article 807 of the Administrative Code).
In this case, cases of this category are immediately considered by the courts (without a prosecutor's decision), but with the participation of the prosecutor (for all types of administrative offenses infringing on electoral rights: Articles 101-126 of the Administrative Code).
Along with administrative responsibility, criminal liability for violation of electoral legislation is also provided.
This applies to obstruction of the exercise of electoral rights or the work of election commissions (Article 150 of the Criminal Code - from a fine of 100 MCI to imprisonment for up to 4 years, including correctional labor, restrictions of freedom).
Article 151 of the Criminal Code provides for liability for falsification of electoral documents or incorrect counting of votes (Article 151 of the Criminal Code - a fine or correctional labor in the amount of up to 4 thousand MCI / restriction or imprisonment for up to 4 years).
To ensure the legality of the election campaign, prosecutors have established close cooperation with state and law enforcement agencies, as well as election commissions.
For each fact of violation, all legal measures provided for by the laws will be taken.