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CONSTITUTIONAL LAW OF THE REPUBLIC OF KAZAKHSTAN

of September 28, 1995 No. 2464

About elections in the Republic of Kazakhstan

(The last edition from 28-12-2018)

I. General part

Chapter 1. General provisions

Article 1. The relations regulated by this Constitutional law

This Constitutional law governs the relations arising by preparation and elections of the President, deputies of the Senate and Majilis of Parliament, maslikhats and members of local government bodies of the Republic of Kazakhstan and also establishes the guarantees providing freedom of declaration of will of citizens of the Republic.

Article 2. Freedom of elections

Elections in the Republic are based on free implementation by the citizen of the Republic of the right to choose and be elected.

Article 3. Principles of the voting right

1. Presidential elections, deputies of the Majilis of Parliament and maslikhats, members of other local government bodies of the Republic are held on the basis of general, equal and direct suffrage in case of secret vote.

2. Elections of deputies of the Senate of Parliament of the Republic are held on the basis of indirect voting right in case of secret vote.

3. Participation of citizens of the Republic in elections is voluntary. Nobody has the right to force to participation or nonparticipation of the citizen in elections, and also to limit its declaration of will.

Article 4. Universal adult suffrage

1. General active voting right - the right of citizens of the republic to participate in vote on elections on reaching eighteen-year age, regardless of origin, social, official and property status, floor, race, nationality, language, the relation to religion, beliefs, the residence or any other circumstances.

2. Passive voting right - the right of citizens of the Republic of Kazakhstan to be the elected President of the Republic of Kazakhstan, the deputy of Parliament of the Republic of Kazakhstan, maslikhat or the member of other local government body.

3. The citizens recognized by court incapacitated, and also containing in places of detention according to the court verdict do not participate in elections.

4. Maslikhats, and also the alternate member of other local government body cannot be the candidate for president of the Republic of Kazakhstan, in deputies of Parliament of the Republic of Kazakhstan, including according to party lists:

1) person having criminal record which is not extinguished or is not removed in the procedure established by the law;

2) person whose fault in making of corruption crime and corruption offense in the procedure established by the law is acknowledged court.

Article 5. Equal suffrage

1. Voters participate in presidential elections, the deputies of the Majilis of Parliament elected according to party lists and maslikhats of the Republic on an equal basis and each of them has respectively one voice on one ballot.

2. Voters participate in elections of members of local government bodies of the Republic on an equal basis and each of them has equal poll.

3. The equal rights and conditions of participation in elections are guaranteed to candidates.

Article 6. Direct suffrage

The president, deputies of the Majilis of Parliament and maslikhats, members of local government bodies of the Republic are elected citizens directly.

Article 7. Indirect voting right

1. Electors the citizens of the Republic who are deputies of maslikhats participate in elections of deputies of the Senate of Parliament.

2. Electors participate in elections of deputies of the Senate on an equal basis and each of them has one voice in case of elections of the deputy of the Senate.

Article 8. Secret vote

Vote at presidential elections, deputies of Parliament and maslikhats, members of other local government bodies of the Republic is the secret, excluding possibility of any control of declaration of will of voters.

Article 9. The electoral systems

1. In case of presidential elections, deputies of the Senate of Parliament, and also the deputies of the Majilis of Parliament elected by Assembly of the people of Kazakhstan the following system of counting of votes is applied:

1) it is excluded

2) the candidate is considered the electee:

- gained more than fifty percent of votes of voters (electors) who took part in vote;

- gathered during the repeated vote in comparison with other candidate bigger poll of voters (electors) who took part in vote.

1-1. Deputies of the Majilis of Parliament from political parties are elected according to party lists on the single national constituency.

2. Deputies of maslikhats are elected according to the party lists represented by political parties on the territorial constituency.

3. In case of elections of members of other local government bodies the following system of counting of votes is applied:

2) candidates for whom the number of the voters, bigger in relation to other candidates, who took part in vote voted are considered as chosen.

Chapter 2. Electoral bodies

Article 10. Electoral bodies, their system and term of office

1. The state electoral bodies organizing preparation and elections in the Republic are the electoral commissions.

2. The single system of the electoral commissions is formed:

1) Central Election Commission of the Republic;

2) territorial election commissions;

3)  No. 162-VI ZRK is excluded according to the Constitutional law of the Republic of Kazakhstan of 29.06.2018;

4) precinct election commissions.

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