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CONSTITUTIONAL LAW OF THE REPUBLIC OF KAZAKHSTAN

of September 28, 1995 No. 2464

About elections in the Republic of Kazakhstan

(as amended on 25-05-2020)

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.

3. Territorial election commissions are formed by Central Election Commission, and precinct election commissions - the relevant territorial election commissions.

Structures of the electoral commissions, except for Central Election Commission, are created by the relevant maslikhats.

The term of office of the electoral commissions constitutes five years.

Members territorial and precinct election commissions are elected by the relevant maslikhats based on offers of political parties.

Each political party has the right to present one candidacy to structure of the relevant electoral commission. The political party has the right to represent to structure of the electoral commission of the candidate, not being members of this political party.

In case of lack of offers of political parties in the time established by maslikhat which shall be at least fifteen days to the term of formation of the electoral commissions maslikhats elect the electoral commission according to the offer of other public associations and higher electoral commissions.

Persons offered in structure of the electoral commission attach statements for consent to participation in its work. The chairman, the vice-chairman, the secretary of the electoral commission are elected at meeting of the electoral commission.

Forming of new structure of the electoral commissions begins not later than two months and comes to an end not later than three days before the end of term of office of the electoral commissions.

The bodies creating structures of the electoral commissions having the right to make during the term of office of the electoral commissions changes to their structure.

4. Decisions on forming of structure of the electoral commissions, their structure and the locations are reported in mass media.

5. The decisions of the electoral commissions made within their competence are obligatory for execution by all state bodies, organizations, local government bodies, and also their officials in the corresponding territory.

6. Intervention in activities of the electoral commissions when implementing of the powers by them is not allowed.

7. Activities of the electoral commission can be stopped according to the decision of the body forming the electoral commission or the judgment based on the statement of Central Election Commission.

8. The member of the electoral commission cannot be deprived of the powers, except as specified, specified by Items 6 and 7 of article 19 of this Constitutional law.

Article 11. Central Election Commission of the Republic

1. The Central Election Commission heads single system of the electoral commissions of the Republic and is permanent body.

2. The Central Election Commission consists of the Chairman and six members of the commission.

The vice-chairman and the secretary of Central Election Commission are elected on commission session.

3. It is excluded

4. The Central Election Commission has the device.

4-1. The Central Election Commission has in maintaining the subordinated organizations as which assistance of organizational activities of territorial election commissions and providing in its elective activities of creation, development, implementation, maintenance, administration, operation and system maintenance of objects of information and communication infrastructure, Internet resource, and also material logistics enter.

5. Maintenance costs of Central Election Commission and its device are financed from the republican budget.

Article 12. Powers of Central Election Commission of the Republic

Central Election Commission:

1) exercises control of execution of the legislation on elections in the territory of the Republic; provides its uniform application; makes within the competence the decisions obligatory in all territory of the Republic;

2) will organize preparation and elections of the President and deputies of the Majilis of Parliament; directs the organization and elections of deputies of the Senate of Parliament;

2-1) considers question of the admission of political parties to participation in elections of part of deputies of the Majilis of Parliament and deputies of the maslikhats elected according to party lists;

3) it is excluded

3-1) it is excluded

Constitutes 4) and represents to the Government of the Republic approximate expense budget on holding the election campaign based on the budget requests provided by territorial election commissions, according to the procedure, determined by Central Election Commission;

5) performs management of the electoral commissions on presidential elections, deputies of Parliament; cancels and stops their decisions; distributes among them funds of the republican budget allocated for holding the election campaign; controls creation of necessary material conditions for activities of the electoral commissions; considers applications and claims to decisions and actions (failure to act) of the electoral commissions; will organize explanation of the legislation on elections; will organize and provides training of participants of the electoral process; holds seminars with representatives of political parties and other participants of the electoral process on the organization and elections; performs international cooperation in the field of the electoral systems;

6) the procedure for their production, and also degree of security, form of electoral registers (electors), the subscription list for petition of voters in support of candidates for president and petition of electors in support of candidates of the Senate, other selective documents, form of ballot boxes from transparent material for vote and samples of seals of the electoral commissions, procedure for storage of the selective documents establishes form and the text of voting bulletin on presidential elections and deputies of the Majilis of Parliament, form of voting bulletins at elections of deputies of the Senate of Parliament, maslikhats and members of other local government bodies; provides production of ballots on presidential elections and deputies of Parliament;

6-1) will organize production, determines procedure for issue and accounting of absentee ballots on the vote right;

6-2) determines procedure for modification of ballots in cases of removal of the candidate, cancellation of the decision on promotion by the candidate, cancellations of the decision on registration of candidates, party lists;

7) has the right to hear reports of state bodies and organizations for the questions connected with preparation and elections and also information of bodies of public associations concerning compliance with law about elections;

8) registers as presidential candidates of the Republic, issues them the corresponding certificates, publishes the message on registration of candidates in mass media;

9) informs voters on the course of election campaign on presidential elections and deputies of Parliament, the newsletter periodically publishes;

10) sums up the results of presidential elections and deputies of Parliament in general on the Republic, registers the elite of the President and deputies of Parliament, publishes the message on it in mass media;

Appoints 11) and will organize carrying out repeated vote and repeated elections in case of presidential elections;

12) appoints repeated elections of deputies of Parliament;

13) appoints elections of deputies of Parliament instead of disposed;

14) appoints the regular and early elections of maslikhats;

15) under the organization and elections of deputies of maslikhats and members of other local government bodies exercises control of compliance of activities of territorial election commissions to requirements of this Constitutional law and in case of identification of violations of this Constitutional law cancels their decisions;

16) according to population of administrative and territorial units is determined by the number of the deputies of maslikhats elected from them;

16-1) places on official Internet resource of Central Election Commission regulatory legal acts by the elective legislation, information on appointment and elections, and also on count results of voices on last elections;

16-2) keeps the unified electronic Register of citizens - voters of the Republic of Kazakhstan;

16-3) in case of elections with use of electronic electoral system provides training of members of the relevant electoral commissions in its application;

16-4) through mass media will organize training of the population in use of electronic electoral system at elections;

16-5) forms advisory advisory bodies;

16-6) determines procedure of election propaganda through mass media and information support of election of the president of the Republic of Kazakhstan, deputies of Parliament, maslikhats of the Republic of Kazakhstan, and also members of other local government bodies;

16-7) acquires goods, works and services in creation, development, implementation, maintenance, administration, operation and system maintenance of objects of information and communication infrastructure, Internet resource and material logistics of elective activities at the subordinated organization concerning which exercises public administration;

16-8) approves the instruction for equipping of the room for vote on the polling precinct, Item for vote;

16-9) approves the instruction for registration of authorized representatives;

17) performs other powers according to the legislation of the Republic of Kazakhstan.

Article 13. Territorial election commissions

1. Territorial election commissions are regional (the cities of republican value and the capital of the Republic), district, city, district the commissions, electoral in the city.

2. Territorial election commissions:

1) provide the organization and elections of the President, deputies of Parliament and maslikhats, members of local government bodies;

2) will be formed as a part of seven members.

3. it is excluded

4. The structure of territorial election commissions on presidential elections, deputies of Parliament and maslikhats is published in mass media not later than in ten days, and the territorial commissions on elections of members of local government bodies - not later than in seven days after appointment or the announcement of elections.

Article 14. Powers of territorial election commission

Relevant territorial election commission:

1) exercises control of execution of the legislation on elections in the territory of administrative and territorial unit;

2) provides preparation and elections of the President, deputies of Parliament and maslikhats, members of local government bodies;

2-1) registers authorized representatives of candidates for president, the political parties which pushed party lists issues them the corresponding certificates;

3) directs activities subordinate territorial and precinct election commissions; cancels and stops their decisions; distributes among them funds of republican and local budgets allocated for holding the election campaign; submits the budget requests for holding the election campaign; controls creation of necessary material conditions for activities of precinct election commissions; considers applications and claims to decisions and actions (failure to act) of precinct election commissions; will organize execution of decisions of Central Election Commission by all electoral commissions formed within the corresponding administrative and territorial unit;

4) has the right to hear reports of the electoral commissions, state bodies and organizations for the questions connected with preparation and elections and also information of bodies of public associations concerning compliance with law about elections;

4-1) controls relevance and reliability of information about voters and borders of the polling precincts, timeliness and correctness of electoral registers for vote and their representation for general acquaintance;

5) is provided by elections of deputies of the Senate; registers candidates of the Senate, their authorized representatives, issues them the corresponding certificates; publishes in mass media of the message on registration of candidates; prepares Items for vote, provides production of cabins and ballot boxes; sums up the results of vote on elections of deputies of the Senate and transfers protocols of summing up the results of vote to Central Election Commission for registration of deputies of the Senate;

6) forms constituencies at elections of deputies of maslikhats and publishes their list, notifies voters on the locations of the electoral commissions;

6-1) establishes single numbering of sites for vote;

7) is provided by production of ballots at elections of deputies of maslikhats, members of other local government bodies, and also delivery of ballots to precinct election commissions;

8) will organize and provides elections of deputies of maslikhats; registers the party lists provided by the political parties proposing candidates of maslikhats registers authorized representatives of political parties, issues to candidates and authorized representatives the corresponding certificates; publishes in mass media of the message on registration of party lists;

9) establishes results of vote on the polling precincts in the corresponding administrative and territorial unit, sums up the results of elections of deputies of maslikhats, registers the elected deputies and publishes the message on it in mass media; represents to higher electoral commission protocols of counting of votes on the respective constituencies and sites for summing up elections and the publication on official Internet resource of Central Election Commission;

10) will be organized by repeated vote and repeated elections of deputies of the Senate, repeated elections of deputies of maslikhats, and also elections instead of the disposed deputies of the Senate;

Appoints 11) and will organize elections of members of others, except maslikhats, local government bodies, repeated elections and elections of members instead of disposed; registers alternate members of others, except maslikhats, local government bodies, their authorized representatives, issues them the corresponding certificates; publishes in local mass media of the message on registration of candidates; sums up the results of elections of members of others, except maslikhats, local government bodies; publishes the message on results of elections in local mass media;

11-1) will organize explanation of the legislation on elections; will organize and provides training of participants of the electoral process; holds seminars with representatives of political parties and other participants of the electoral process on the organization and elections;

12) performs other powers according to the legislation of the Republic of Kazakhstan.

Article 15.

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

Article 16.

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

Article 17. Precinct election commissions

1. Precinct election commissions provide the organization and elections of the President, deputies of the Majilis of Parliament and maslikhats, members of other local government bodies on the respective polling precincts.

The relevant territorial election commission determines quantitative structure of precinct election commissions:

1) from five to seven members in case of the number of voters on the respective polling precinct to two thousand;

2) from seven to eleven members in case of the number of voters on the respective polling precinct over two thousand.

The quantitative structure of precinct election commissions shall be odd.

2. The structure of precinct election commissions on presidential elections, deputies of Parliament and maslikhats is published in mass media not later than in fifteen days, and the territorial commissions on elections of members of other local government bodies - not later than in seven days after appointment or the announcement of elections.

Article 18. Powers of precinct election commissions

Precinct election commission:

1) holds on the polling precinct the selective events for presidential elections, deputies of the Majilis of Parliament, maslikhats and members of local government bodies;

2) notifies voters on the location of the precinct election commission;

3) is specified by the electoral register on the respective polling precinct;

4) acquaints citizens with the electoral register, considers applications for mistakes and inaccuracies in lists and resolves issues of entering into it of corresponding changes;

4-1) takes necessary measures for realization of the voting rights of citizens with limited opportunities;

5) notifies voters about day, time and the place of vote;

6) is prepared by the room, provides availability of cabins and ballot boxes;

7) will be organized on the polling precinct by vote in the election day;

8) carries out counting of votes and determines results of vote on the site;

9) considers applications and claims concerning preparation and the organization of vote and makes according to them decisions;

9-1) will organize explanation of the legislation on elections; will organize and provides training of participants of the electoral process; holds seminars with representatives of political parties and other participants of the electoral process on the organization and elections;

10) performs other powers according to the legislation of the Republic.

Article 19. Status of the member of the electoral commission

1. Members of the electoral commissions are representatives of state bodies and are under protection of the state.

2. The legal status of members of the electoral commissions is determined by the Constitution, this Constitutional law and other legal acts of the Republic of Kazakhstan.

2-1. Cannot be the member of the electoral commission:

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

person recognized by court incapacitated or is limited by capable.

3. The chairman, members of Central Election Commission, employees of its device, chairmen or their deputies, and also secretaries of territorial election commissions perform powers on professional permanent basis.

The territorial election commission makes the decision on implementation by the chairman or his deputy of powers on professional permanent basis.

4. The members of the electoral commission who are not listed in Item 3 of this Article during elections cannot be discharged from office or are transferred to other work on initiative of the employer without their consent.

5. Member of the electoral commission:

1) it is informed on meetings of the relevant electoral commission in forty eight hours, except as specified, requiring immediate decision making;

2) has the right to speak at meeting of the electoral commission, to make offers on the questions entering competence of the relevant electoral commission and to require carrying out vote on them;

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