Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 15, 2002 No. 344-II

About political parties

(as amended on 24-05-2021)

This Law determines the legal basis of creation of political parties, their rights and obligation, activities guarantee, governs the relations of political parties with state bodies and other organizations.

Chapter 1. General provisions

Article 1. Concept of political party

1. Political party the voluntary consolidation of citizens of the Republic of Kazakhstan expressing political will of citizens, various social groups for the purpose of representation of their interests is recognized representative and executive bodies of the government, local self-government and participation in their forming.

2. The political party has no right to act on behalf of the people.

Article 2. Legislation of the Republic of Kazakhstan on political parties

1. The legislation of the Republic of Kazakhstan on political parties is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. Political parties are equal before the law.

Article 3. The right to consolidation in political parties

1. Citizens of the Republic of Kazakhstan have consolidation right to liberty in political parties.

2. The citizen of the Republic of Kazakhstan can consist the member only of one political party.

3. Membership in political party cannot be the basis of restriction of the rights and freedoms of the citizen of the Republic of Kazakhstan.

4. Everyone has the right to specify or not to specify the party accessory.

Article 4. State and political parties

1. The state provides observance of the rights and legitimate interests of political parties.

2. Illegal intervention of the state in cases of political parties and political parties in cases of the state is not allowed. Also assignment on political parties of functions of state bodies is not allowed.

3. It is forbidden to demand from citizens in any form including in official documents, instructions of party accessory.

4. Deputies of Parliament, government employees have no right to hold paid positions in political parties.

5. Government employees in case of execution of job responsibilities are guided by requirements of the legislation of the Republic of Kazakhstan and are not connected by decisions of political parties and their bodies.

6. The labor law of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan on social security and insurance extend to persons working in permanent bodies of political parties.

Article 5. Bases of creation and activities of political parties

1. Activities of political parties are based on the principles of voluntariness, equality, self-government, legality and publicity. Political parties are free in determination of the internal structure, the purposes, forms and methods of activities, except for the restrictions set by this Law.

2. Activities of political parties shall not violate the rights and freedoms of man and citizen guaranteed by the Constitution of the Republic of Kazakhstan.

3. Political parties shall be created to the citizens of the Republic of Kazakhstan who are members of political party, equal opportunities for representation in governing bodies of political party, in candidate lists in deputies and on other elective offices in public authorities and local government bodies.

4. The organizational structure of political parties is based on the territorial principle.

5. Governing bodies of political parties and their structural divisions (branches and representations) shall be in the territory of the Republic of Kazakhstan.

6. In the territory of the Republic of Kazakhstan activities of political parties of other states are not allowed.

7. Creation and activities of political parties are forbidden, the purposes or actions of which are directed to violent change of the constitutional system, violation of integrity of the Republic of Kazakhstan, undermining safety of the state, kindling of social, racial, national, religious, class and patrimonial discord.

8. Creation of political parties on signs of professional, racial, national, ethnic and religious affiliation of citizens, and also creation in state bodies and local government bodies of primary party organizations of political parties is not allowed.

9. Creation and activities of the militarized political parties, and also paramilitary forces under political parties are forbidden.

10. Promotion of program, authorized requirements of political parties in educational process of the organizations of education is not allowed.

Chapter 2. Creation, reorganization and liquidation of political party

Article 6. Creation of political party

1. The political party is created at the initiative of group of citizens of the Republic of Kazakhstan numbering at least one thousand people, two thirds of areas, the cities of republican value and the capital convening constituent congress (conference) of political party and representing. Citizens take personal part at constituent congress (conference) of political party. The representation of citizens by proxy at constituent congress (conference) of political party is not allowed. Financing of creation of political party, including organization of holding constituent congress (conference), is performed according to requirements of article 18 of this Law.

2. For preparation and holding constituent congress (conference) of political party from among members of initiative group of citizens of the Republic of Kazakhstan the organizing committee as a part of at least ten people is formed.

3. The organizing committee represents to registering body the notification on intention of creation of political party in the form established by registering body with appendix of the following information:

1) the list of initiative group of citizens on creation of political party and the information about members of organizing committee on electronic and paper carriers in the form established by registering body;

2) the protocol of meeting of organizing committee in which are specified the purpose of its creation, the expected name of political party, the location, expected sources of forming and use of money and other property of organizing committee, and also the information about the member of organizing committee authorized to open the settlement account for forming of means of organizing committee and to sign civil contracts for ensuring its activities (further - the authorized person of organizing committee).

4. The registering body in day of receipt of the notification and other documents specified in Item 3 of this Article issues to the authorized person of organizing committee the document confirming their representation (further - confirmation).

5. The organizing committee has the right to start the activities only after issue of confirmation by registering body.

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