On Introduction of Amendments and Supplements to the Decree of the President of the Republic of Kazakhstan Having the Force of the Constitutional Law “On Elections in the Republic of Kazakhstan”

Constitutional Law of the Republic of Kazakhstan dated May 6, 1999 N 375-1

Unofficial translation

      To introduce the following amendments and supplements to the Decree of the President of the Republic of Kazakhstan Having the Force of the Constitutional Law dated September 28, 1995, N 2464 "On Elections in the Republic of Kazakhstan" (Bulletin of the Supreme Council of the Republic, 1995, N 17-18, Article 114; Bulletin of the Parliament of the Republic of Kazakhstan, 1997, N 12, Article 192; 1998, N 7-8, Article 71; the Constitutional Law of the Republic of Kazakhstan dated November 6, 1998 "On Introduction of Amendments to the Decree of the President of the Republic of Kazakhstan Having the Force of the Constitutional Law", "On Elections in the Republic of Kazakhstan" published in newspapers ‘Yegemen Kazakhstan’ and ‘Kazakhstanskaya Pravda’, November 10, 1998):
      1. Title should be worded as follows:
      "Constitutional Law of the Republic of Kazakhstan on Elections in the Republic of Kazakhstan"
      2. Preamble should be excluded.
      3. In Article 1, item 3 of Article 5, item 5 of Article 20, sub-items 2), 3) of item 2 of Article 33, items 1, 5, 6 of Article 34, item 2 of Article 39, item 6 of Article 41, item 1 of Article 43, Article 45, items 2, 3 of Article 50, items 1, 2 of Article 54, item 1 of Article 55, item 3 of Article 56, item 2 of Article 59, sub-item 3) of item 7 ofArticle59, item 2 ofArticle61, item 2 of Article 62, item 2 of Article 63, item 3 of Article 64, item 3 of Article 65, sub-item 2) of item 2 of Article 66, article 70, items 3, 6 ofArticle71, item 3 of Article 72, item 2 of Article 73, sub-item 3) of item 6 of Article 73, item 2 of Article 76, item 3 of Article 78, item 2 of Article 79,item 2 of Article 80, item 3, of Article 81, item 2 of Article 82, ?????? 3 ?????? 81, item 1 of Article 83, Article 86, item 5 of Article 87, sub-item 3) of item 6 of Article 89,item 2 of Article 93, item 3 of Article 94, item 2 of Article 95, item 2 of Article 96, item 3 of Article 97, item 2 of Article 98, item 1 of Article 99, Article 102, item 8 of Article 103, sub-item 3) of item 6 of Article 104, item 2 of Article 107, item 3 of Article 108, item 2 of Article 109, item 2 of Article 110, item 3 of Article 111, item 2 of Article 112, item 1 of Article 113, Article 115, item 9 of Article 117, sub-item 3) of item 6 of Article 118, item 2 of Article 121, item 2 of Article 122, item 2 of Article 123, item 2 of Article 124, item 2 of Article 125, item 2 of Article 126, item 1 of Article 127, item1 of Article 129, items1, 2 of Article 130, Article 133 the words ‘by this Decree’, ‘this Decree’, ‘of this Decree’ should be replaced with the words ‘by this Constitutional Law’, ‘this Constitutional Law’, ‘of this Constitutional Law’.
      4. Item 3 of Article 3 should be worded as follows:
      ‘3. The participation of citizens in the Republic elections is voluntary. No one can force a citizen to participate or not to participate in the elections, as well as limit his will.’
      5. In item 4 of Article 4 the words ‘of the Parliament of the Republic of Kazakhstan’ should be supplemented with the words ‘including based on the party lists’.
      6. Item 1 ofArticle5 should be supplemented with the words ‘on one ballot’.
      7. Article 9:
      In sub-item 2) of item 1 the words ‘in the first voting’ should be excluded;
      Sub-item 1) of item 2 should be excluded;
      In sub-item 2) of item 2:
      The words ‘if voted for him’ should be replaced by the word ‘received";
      the word ‘percent’ should be supplemented with the words ‘of the votes’;
      The words ‘that should not be below the limits set by the Special Part of this Decree’ should be excluded;
      Sub-item 1) of item 3 should be excluded.
      8. Article12:
      Sub-item 2-1) should be supplemented with the following paragraph:
      ‘2-1) considers the admission of political parties to the participation in the elections of part of Deputies of the Mazhilis of the Parliament elected from party lists.’
      sub-item3-1) should be supplemented with the following paragraph:
      ‘3-1) based on the proposal of akims of regions (of the cities of republican importance and of the capital of the Republic) forms the territorial and district election commissions.’;
      sub-item5) should be supplemented with the following paragraph with the words ‘conducts seminars with representatives of political parties on organization and conducting of elections;’;
      sub-item 6) should be supplemented with the words ‘provides the printing of ballots for the election of the President and deputies of the Mazhilis of Parliament;’;
      in sub-item 13) the words ‘and the election of members of the Senate for their re-election in accordance with item 2 of Article 51 of the Constitution’ should be excluded.
      9. Article 13 should be worded as follows:
      ‘Article 13. The territorial election commissions and organization
      1.The territorial election commissions are regional (of the cities of the republican importance and of the capital city of the Republic), district, city, precinct election commissions.
      2. The Territorial election commissions:
      1) provide the organization and conduct of the election of the President, members of the Parliament and Maslikhats, members of local self-government;
      2) consist of seven members.
      3. The regional election commissions formed by a decision of the Central Election Commission based on the proposal of akims of regions (of cities of republican importance and of the capital of the Republic).
      Subordinated territorial election commissions are formed by a decision of superior territorial election commission on the proposal of relevant akim.
      4. The composition of the territorial election commissions on elections of the President, deputies of the Parliament and Maslikhats published in the media not later than ten days,
      and territorial commissions on elections of members of local self-government - not later than seven days after the appointment or declaration of the election.’
      10. Sub-item 7) of Article14 after the words ‘for elections of deputies’ should be added the word ‘of the Senate’.
      11. Article 15 should be worded as follows:
      ‘Article 15.The District election commissions and the procedure of their formation
      1. The district election commissions:
      1) Formed by the Central Election Commission on the proposals of akims of regions (cities of republican importance and the capital city of the Republic);
      2) Provide the organization and conduct of elections of deputies of the Mazhilis of the Parliament and Maslikhats in the constituency.
      2. The District election commissions consist of seven members.
      3. The composition of electoral commissions is published in the media no later than ten days after the appointment or declaration of the election.’
      12. Article 17 should be worded as follows:
      ‘Article 17. Precinct election commissions and the order of the information:
      1. Precinct election commissions:
      1) form by the solution of the corresponding higher election commission on the proposal of akims;
      2) provide the organization and conduct of elections of the President, deputies of the Mazhilis of the Parliament and Maslikhats, members of local self-government in the respective polling stations;
      3) consist of seven members;
      2. The Composition of precinct election commissions on elections of the President, deputies of the Parliament and Maslikhats published in the mass media not later than seven days, and the territorial commissions on elections of members of local self-governments - not later than three days after appointment or announcement of the election.’.
      13. Article 21:
      In item 2 after the words ‘and the capital of the Republic’ should be added the words ‘region, city’;
      Item 3 should be worded as follows:
      ‘3. In the election of the President of the Republic and deputies of the Mazhilis, who elected by party lists by system of proportional representation, in a single national constituency is the whole territory of the Republic of Kazakhstan.’;
      14. In sub-item 1ofArticle 23 the word ‘by district commission’ should be deleted;
      15. Sub-item 2) of item 2 of Article 27 after the word ‘agent’ should be added the words ‘and members of initiative group’.
      16. Article 28:
      In item 3 the words ‘appropriate regions; cities and districts’ should be deleted;
      Item4:
      After the words ‘allocate to candidates’ should be added the words ‘except running for the party lists.’.
      After the words ‘accord to the candidates’ should be added the words ‘except running for the party lists,’
      Item 5 after the words ‘allocate to candidates’ should be added the words ‘except running for the party lists,’.
      17. Article 33
      In item 1after the words ‘the Deputies of the Parliament’ should be added the words ‘except for the Deputies of the Mazhilis of the Parliament, elected on the basis of party lists,’
      in item 2:
      sub-item2) after the words ‘speeches of the candidates’ should be added the words ‘except for candidates running on party lists;’
      Sub-item 3) after the words ‘materials of candidates’ should be added the words ‘except for candidates running on party lists; ’
      Sub-item 4) after the word ‘expenses of candidates’ should be added the words ‘except for candidates running on party lists;’
      18. Article 34:
      In item 1 after the word ‘election funds’ the word ‘candidates’ should be deleted;
      In item 2 the word ‘candidates’ should be deleted;
      Initem3:
      In the first paragraph after the words ‘election funds’ the word ‘of candidates’ should be deleted;
      Sub-item 1) should be worded as follows:
      ‘1) personal funds of candidates in the constituencies, and the funds of political parties;’
      In item4 the words ‘candidates’ and ‘candidate’ should be deleted;
      In item 5 the word ‘candidates’ should be deleted;
      Item 6:
      After the word ‘election fund’ the word ‘of candidate’ should be deleted;
      After the words ‘registration of a candidate’ should be added the words ‘of a party list’;
      After the words ‘to exclusive candidate’ should be added the words ‘and to political parties put forward their party lists’;
      After the words ‘temporary accounts’ the word ‘of candidates’ should be deleted;
      in item 7 after the word ‘candidacy’ should be added the words ‘review of the political party of the party list’;
      the word ‘about his nomination and registration’ should be replaced by the words ‘on the nomination of a candidate, party list or the registration of a candidate, party list’;
      item 8 should be worded as follows:
      ‘8. All financial operations on special temporary accounts are terminated since 18 p.m. in a day before the election’;
      In item 9:
      after the words ‘setting of the results of election the candidate’ should be added the words ‘a political party’ and the word ‘he (she) must’ should be replaced by the word ‘they must’; after the words ‘returned to the candidate’ should be added the words ‘to political party’;
      in item 10:
      after the word ‘by a candidate’ should be added the words ‘by a political party which nominated the party list’;
      after the word ‘candidate’ should be added the words ‘party list’.
      19. Item 2 of Article 36 after the words ‘election funds’ the word ‘candidate’ should be deleted.
      20. Article37:
      Item 1 should be worded as follows:
      ‘1. The ballot includes all of the candidates registered with the name, first name, middle name, in alphabetical order in the state language. The ballot paper for voting for political parties includes the names of political parties in the order determined by drawing lots. The drawing of lots is conducted by the Central Election Commission. The order of drawing of lots is determined by the Central Election Commission.’;
      in item 3 the words ‘(by territorial election commissions - in the election of deputies of the Senate) should be deleted.
      21. In item 2 of Article 42 should be added the paragraph worded as follows:
      ‘In the ballot paper with the names of political parties, the voter puts any mark in the empty box to the right of the name of the political party for which he (or she) votes, or in the square to the right of the line ‘I vote against all political parties.’.
      22. Article 43:
      in item 3:
      After the words ‘for each candidate ’ should be added the words ‘for each political party’;
      should be added the paragraph to read as follows:
      ‘At the opening of ballot boxes and counting of votes may be present: one trustee from each of the candidate who is running on, a journalist - a representative from each of the media in the presence of identity card and editorial assignments, and accredited by the relevant election commission, one observer of the social associations and observers of foreign states and international organizations. The intervention of representatives and observes in the work of election commissions are not allowed.
      in item 4:
      sub-item 4) should be worded as follows:
      ‘4) number of votes cast for each candidate for each political party;’
      sub-item 6) should be worded as follows:
      ‘6) The number of ballots in which voters have voted against all candidates and political parties.’
      sub-item 3) of item 5 should be worded as follows:
      ‘3) in which marked more than one candidate, more than one political party, except for voting in the election of members of local self-government;’
      item 6 should be deleted.
      23. Item 5 of Article 44:
      the word ‘for’ should be deleted;
      after the word ‘for each candidate’ should be added the words ‘for each political party’;
      the words ‘valid but not counted during the counting’ should be replaced by the words ‘in which voters have voted against all candidates, political parties’.
      24. Item 1 of Article 47 should be worded as follows:
      ‘1. Candidates for the President, deputies of the Parliament, Deputies of the Maslikhats from the date of registration and before the publication of election results may be released from employment, military service and military training. The period of participation of candidates in the elections is included in the record in the occupation for which he worked until the day of registration.
      For candidates for President, Deputy of Parliament, with the exception of candidates running on party lists and deputies of Maslikhat, compensate expenses for this period in the amount of average salary from the national budget allocated for the election.’
      25. In Article 49 the word ‘the day before’ should be replaced by the words ‘the five day before the vote’
      26. Article 50:
      Item1 after the word ‘registration of the candidate’ should be added the words ‘party lists’;
      In item 3:
      After the word ‘a candidate’ should be added the words ‘a political party’;
      The words ‘he (she) warned’ should be replaced by the words ‘they warned’;
      The words ‘on its registration’ should be replaced by the words ‘to register a candidate, party list’.
      27. Item 1 of Article 55 of the word ‘if established voter support by this Decree’ should be deleted.
      28. Item2 ofArticle59:
      The word ‘as a deposit’ should be deleted;
      The word ‘thousand fold’ should be replaced by the words ‘in the amount of hundred folds’;
      the word ‘regardless of the outcome of the election’ should be deleted.
      29. Items 1 and 2 of Article 60 the words ‘forthree24-hour period’ should be replaced by the words ‘for seven 24-hour period’.
      30. Item 1 of Article 63 the words ‘first round of voting in the election of the President’ should be deleted;
      31. Item 1 ofArticle64 the words ‘failed or’ should be deleted.
      32. Sub-item 1) of item 2 of Article 65 the words ‘in the first round of voting’ should be deleted.’
      33. Article 68:
      Item 1:
      The words ‘Chairpersons of the Chambers of Parliament’ should be replaced by the words ‘the Chairpersons of the Senate, the Mazhilis’;
      The word ‘summarizing the election’ should be replaced by the words ‘assumption of office’;
      Item 3 the words ‘re-election’ should be replaced by the words ‘re-run of a vote’.
      34. Article 69:
      Sub-item 2) ofArticle1 should be added by the words ‘formation of the corresponding administrative and territorial units that have no representation in the Senate’;
      Item 5 the words ‘and should be held not less than three days before the election of deputies of the Mazhilis’ should be replaced by the words ‘and may not coincide with date of the election of deputies of the Mazhilis of the Parliament’.
      35. Article 71:
      Sub-item 1) of item 2 the sentence ‘Maslikhat of the city of republican importance or the capital of the Republic propose at least two candidates’ should be deleted;
      Item 3 the words ‘in the presence of electoral support established by this Decree’ should be deleted.’
      36. Article72:
      Item1 should be added by the words ‘but not more than fifty percent of the electoral votes from one Maslikhat’;
      tem 2 should be worded as follows:
      ‘2. Support for electors shall be certified by collecting their signatures. In addition, each of the electors shall have the right to sign for only one candidate to the Senate. Signature after the registration of a candidate in the Senate is revoked only by a decision of the court’.
      37. Item 2 ofArticle73:
      The words ‘"in the amount of hundred folds’ should be replaced by the words ‘in the amount of fiftyfold’;
      The words ‘regardless of the election results’ should be deleted.
      38. Items 1 and 2 ofArticle74 the words ‘for three 24-hour period’ should be replaced by the words ‘for seven 24-hour period’.
      39. Item 2 of Article 77 should be worded as follows:
      ‘2. The joint session shall be valid if attended by more than fifty percent of the total number of deputies representing all Maslihats of the regions, Maslikhat of the city of republican importance or the capital of the Republic.
      40. Article 79:
      item 1, the words ‘in the first voting’ should be deleted;
      item 2, the words ‘the first round of voting’ should be replaced by the words ‘the initial voting’;
      item 3, should be deleted.
      41. Item 2 ofArticle81:
      Sub-item1) the words ‘in the first round of voting’ should be deleted.
      Sub-item 2) the words ‘other candidates’ should be replaced by the words ‘the other candidate’;
      The words ‘but not less than forty percent of the total votes of electors who participated in the vote’ should be deleted.
      42. Item 1 ofArticle84:
      The words ‘Chairpersons of the Chambers of Parliament’ should be replaced by the words ‘the Chairpersons of the Senate, the Mazhilis’;
      The words ‘summarizing the election’ should be replaced by the word ‘registration of the elected candidates.’
      43. Article 85:
      Sub-item 1) of item1the word ‘Parliament’ should be replaced by the words ‘Deputies of Mazhilis;’
      item 2:
      the words ‘current convocation of Parliament’ should be replaced by the words ‘deputies of the Mazhilis’
      the sentence "If the President does not appoint the election of deputies within the specified period, the election of deputies of the Mazhilis shall be held by the Central Election Commission within three months from the end of the term of the current convocation of Parliament’ should be deleted.
      44. Article 87:
      item 1 should be added by the sentence worded as follows:
      ‘A Political party has a right to include persons in party lists for election in a single national constituency’.
      item2 should be added by the sentence worded as follows:
      ‘Inclusion in the party lists of persons for election to the Mazhilis for a single national constituency shall be done by the supreme body of a political party. Political parties are entitled to include in the party lists of persons who are not members of that political party. A person included in the party list for election to the Mazhilis for a single national constituency, has not a right to be nominated for the territorial constituencies’.
      Item 2-1 should add and worded as follows:
      ‘2-1. Political parties themselves determine the order of placement of persons in the party list. The party list submitted to the Central Election Commission by a representative of a political party together with an extract from the minutes of the supreme body of a political party to nominate a party list. Credentials of representative are confirmed by relevant documents’.
      Item 6 should be added by the words ‘and one party list’.
      45. Article 88 should be worded as follows:
      ‘Article 88. Election fee
      Each candidate for deputy of the Mazhilis before registration and after it checks for compliance with the requirements of the Constitution and this Constitutional Law, makes from its own funds to the Central Election Commission an election fee in the amount established by the legislation fiftyfold minimum wage. Contribution made by the candidate not to be returned and becomes the republican budget. Political parties put forward their party lists for a single national constituency, after checking persons included in them for compliance with the requirements imposed on them by the Constitution and this Constitutional law, making from the expense of political parties to the Central Election Commission an election fee fiftyfold amount established by the legislation of minimum wages for each person included in the party list’. Contribution does not return to political parties and becomes the republican budget.’
      46. Article 89:
      Item 1 should be added by the sentence worded as follows:
      ‘Registration of party lists submitted by political parties shall be done by the Central Election Commission.’
      Item 7 should be worded as follows:
      ‘7. Registration of party lists for a single national constituency is made of the following documents:
      1) extracts from the minutes of the supreme body of a political party to nominate a party list, with a copy of the registration of political parties in the Ministry of Justice, as well as documents proving its national status;
      2) an individual's consent to be included in the party list;
      3) biographical data of each person included in the party list;
      4) medical information on mental health of each person on the party list;
      5) document confirming the payment by a political party of election fee.
      Not eligible for registration as a candidate on the party list a person:
      1) involved during the year prior to registration to disciplinary liability for corruption;
      2) to which the year before registration a court imposed an administrative penalty for a deliberate offense;
      3) with a criminal record, which at the time of registration is not canceled or withdrawn in accordance with the law.’
      item 8 should be worded as follows:
      ‘8. For registration shall be allowed only one list from one political party with any number of persons included in it.’
      Items 9-11 should be added and worded as follows:
      ‘9. The Central Election Commission:
      1) no later than the tenth day after the registration of party lists, publishes in the media a report on the registration, mentioning the name of a political party and the number of persons included in the party list and last name, first name, patronymic, year of birth, position (occupation), place of work and residence of each person on the party list;
      2) for the registration gives the persons included in the party list, the appropriate certificates;
      3) refuses to register or cancel the decision to register the party list or a specific person on the party list, in a case of the detection of violations of the Constitution and the requirements of this Constitutional Law.
      10. Refusal of registration or cancellation of the decision on registration can be appealed within seven days to the Central Election Commission or the court. The Central Election Commission or the court makes a decision on the appeal within seven days from the date of filing of the complaint.
      11. Registration of candidates and party lists shall commence two months before and ends one month before the election, unless otherwise stipulated in the election.
      47. Article 90:
      item 1 and 2thewords ‘for three 24-hourperiod’ should be replaced by the words ‘for seven 24-hour period’;
      item 3-1 should be added and worded as follows:
      ‘3-1. Political parties in the period prior to the registration of party lists, and after, but not later than seven 24-hour period before election day, may withdraw their party lists, giving a written notice of this and an extract from the minutes of the supreme body of a political party to the Central Election Commission. In this case, the Central Election Commission decides to refuse the registration or cancellation of registration of the party list.’
      48. Article 92-1 should be added and worded as follows:
      ‘Article 92-1. The size of the electoral fund of a political party
      1.Candidates running for party lists put forward by political parties; have no right to create their own campaign funds.
      2. The election fund of a political party is formed by:
      1) own funds of a political party, the total sum should not exceeded the minimum wage by more than five thousand times established by laws;
      2) voluntary donations from individuals and organizations of the Republic, the total sum should not exceed the minimum wage by more than ten thousand times established by laws.’
      Item1should be added and worded as follows:
      ‘Minutes of vote by party lists shall be sent immediately to the corresponding territorial election commission.’;
      item 2the sentences should be added worded as follows:
      ‘The results of the elections by party lists are established at a meeting of the Central Election Commission on the basis of the relevant protocols of territorial election commissions.
      The results of the election should be recorded.’
      50. Item 3 of Article 95 should be deleted.
      51. Article 96:
      item 1 the words ‘declared invalid because of failure to appear the required number of voters or they were’ should be deleted;
      item 5 should be added and worded as follows:
      ‘5. In by re-elections may also be involved political parties overcame a three-percent barrier and took part in previous elections.’.
      52. Article 97:
      sub-item 1) of item 2 the words ‘in the first round voting’ should be deleted;
      sub-item 2) of item 2 the words ‘but not less than forty percent of the total number of voters who took part in the vote’ should be deleted.’.
      53. Article 97-1 should be added and worded as follows:
      ‘Article 97-1. The allocation of deputy seats on the results of voting by party lists
      1. The Central Election Commission calculates the amount of votes cast for a single national constituency for each party list, received seven or more percent of the votes of those who took part in the vote. The sum of the votes cast for political parties overcame the seven percent barrier, shall be divided into ten - the number of deputy seats to be allocated for a single national constituency. This result is the first election quotient (quota).
      2. The number of votes received by each party list participating in the allocation of deputy seats, shall be divided into the first electoral quotient. The integer part obtained by dividing the number is the number of deputy seats, which receives the respective political party, which formed the party list.
      3. If after the carried out actions in accordance with item 2 of this article, remain undistributed mandates, a secondary distribution of mandates shall be produced. Undistributed mandates are passed one by one to the party lists, which have the largest fractional part (remainder) of the number obtained by dividing in accordance with item 2 of this article. In case of equal maximum balance, preference shall be given to the party list registered before.
      4. Deputy seats shall be allocated in strict accordance with the sequence of placing candidates in the relevant party list.
      5. In the case of early retirement of a deputy elected by the allocation of seats among political parties that formed the party lists, its mandate passed to the following candidate from the same party list by decision of the Central Election Commission.
      If the relevant party list of candidates left, the mandate remains vacant until the next election of deputies of the Mazhilis.
      In the case of reorganization or liquidation of a political party, Mazhilis deputies elected on the list of the party stopped their powers.’
      54. Item 1 of Article 100:
      The words ‘Chairpersons of the Chambers of Parliament’ should be replaced by the words ‘Chairperson of the Senate, the Mazhilis’;
      The words ‘summarizing the election’ should be replaced by the words ‘registration of the elected’;
      55. Article101:
      Sub-item 1) of item 1 should be added by the words ‘except as required by law’;
      Item5 the words ‘and the Mazhilis’ should be deleted.
      56. Item 1 and 2 of Article105 the words ‘for three 24-hour period’ should be replaced by the words ‘for seven 24-hour period’.
      57. Item 3 of Article 109 should be deleted.
      58. Item 1 of Article 110 the words ‘If the elections were declared invalid because of failure to appear the required number of voters’ should be deleted.’
      59. Item 2 ofArticle111:
      Sub-item 1) the words ‘in the first round of voting’ should be deleted;
      Sub-item 2) the words ‘but not less than thirty percent of the vote of electors, participated in voting’ should be deleted.
      60. Item 1 of Article112, the words ‘within seven days from the date of the election’ should be deleted.’
      61. Item 1 ofArticle124 words ‘If the elections were declared invalid because of failure to appear the required number of voters’ should be deleted.
      62. Article 125 should be added by the item 1-1 worded as follows:
      ‘1-1. Elected members of local authorities shall be, in accordance with existing mandates, the candidates who obtained the largest number of voters in comparison with the other candidates who took part in the vote on’.

      President of
      the Republic of Kazakhstan